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RES-11108 Orange Fire Management AssociationRESOLUTION NO. 11108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE REPEALING RESOLUTION NO. 11052 AND IMPLEMENTING THE MEMO1tANDUM OF UNDERSTANDING BETWEEN THE CITY OF ORANGE AND THE ORANGE FIRE MANAGEMENT ASSOCIATION CONCERNING WAGES, HOURS, AND OTHER CONDITIONS OF EMPLOYMENT FOR THE PERIOD OF JULY 1, 2017 THROUGH AND INCLUDING JUNE 30,2019. WHEREAS,the City of Orange (hereafter"City") and the Orange City Fire Management Association (hereafter "Association") have met and conferred in accordance with the requirements of the Meyers-Milias-Brown Act; and WHEREAS, the City and the Association have reached agreement on wages, hours, and other conditions of employment for the period of July 1, 2017 through June 30,2019 and the City Council desires to repeal Resolution No. 10968 for said employees as more particularly set forth in the Memorandum of Understanding attached thereto; and WHEREAS, on December 12, 2017, the City Council of the City of Orange adopted Resolution No. 11052, a Resolution of the City Council of the City of Orange Establishing a Letter of Understanding between the City of Orange and the Orange Fire Management Association effective July 1, 2017 through June 30, 2019; and WHEREAS, the City and the Association agreed to incorporate the provisions contained in the Letter of Understanding noted above into a new Memoranduxn of Understanding once both parties had an opportunity to review and concur on any and all language changes included in the new Memorandum of Understanding. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that the attached Memorandum of Understanding is approved and incorporated by reference as Exhibit"A", as fully set forth herein. ADOPTED this 14' day of August 2018. C% ,z Ter a E. Smith,Mayor, City of Orange 8545198.1 OR020-072 ATTEST: Mary E. Mu , 'ty Cler. , rty o range STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ORANGE I, MARY E. MURI'HY, Ciiy Clerk of the City of Orange, California, hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 14'day of August 2018,by the following vote: AYES:COUNCILMEMBERS: Alvarez, Whitaker, Smith, Murphy,Nichols NOES:COLTNCILMEMBERS: None ABSENT: COiJNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Mary E. M y, ' Clerk,C o ge Resolution No. 11108 8545198.1 OR020-072 2 1) The Fire Chief shall file with the Human Resources Director a Personnel Action Form and a completed Performance Evaluation form recommending the granting or denial of the merit increase and supporting such recommendation with specific reasons therefore. A disapproval from the Human Resources Director, together with the reasons therefore, shall be returned to the Fire Chief. 2) The recommendation of the Fire Chief and the approval of the Human Resources Director shall be forwarded to the Payroll Division of the Finance Department for change of payroll status. 3) Advancement through the pay range Step "C" through Step "F" shall occur in yearly increments. D. Special Merit Advancement. When an employee demonstrates exceptional ability and proficiency in the performance of his duties, the Fire Chief may recommend to the Human Resources Director that said employee be advanced to a higher pay step without regard to the minimum length of service provisions contained in this Agreement. The Human Resources Director may, on the basis of the Fire Chief s recommendation, approve and effect such an advancement. E. Len th of Service Required When Advancement is Denied. When an employee has not been approved for advancement to the higher salary step, he may be reconsidered for such advancement at any subsequent time. This reconsideration shall follow the same steps and shall be subject to the same action as provided in the above paragraph of this section. SECTION 3.6. Promotion and Probationary Period. A. Salarv. When an employee is promoted to a position in a higher classification, he may be assigned to Step "A" in the appropriate range for the higher classification; provided, however, that if such employee is already being paid at a rate equal to or higher than Step "A", he may be placed in that appropriate salary range as will grant him an increase of at least one (1) salary step. At the discretion of the Fire Chief and the Human Resources Director, an employee may be granted a two or three salary step increase upon promotion. B. Probationary Period. An employee who is promoted to a class shall serve a probationary period during which he shall have an opportunity to demonstrate suitability for the job. The probationary period shall be 365 days from the date of promotion or date of hire for lateral appointments. For good cause, with the approval of the Human Resources Director, the Fire Chief may extend such probationary period up to an additional six (6)months. The employee shall attain regular status in the class upon successful completion of the probationary period. An employee who does not satisfy the standards of the class during the probationary period, shall be Resolution No. 11108 3 8545198.1 OR020-072 notified, in writing. Such notice, if the employee has achieved regular status, shall include the reasons for such action. If regular status to the class is not achieved, such employee shall be demoted to the appropriate step in his former classification unless the reasons warrant termination from City employment. C. Probationary Period for Temporary Fire Battalion Chief. The probationary period for employees appointed to the position of Temporary Fire Battalion Chief shall be 365 days from the date of the temporary promotion. If there is a break in serving as a Temporary Fire Battalion Chief which is more than 365 days from the date of the temporary promotion, then the probationary period starts over. If there is a break in serving as a Temporary Fire Battalion Chief which is less than 365 days from the date of the temporary promotion, then a11 time served during the probationary period will count toward the probationary period. SECTION 3.7. Demotion. If, pursuant to the provisions of this Memorandum of Understanding, an employee is demoted to a position in a lower classification, the new salary rate shall be fixed in the appropriate salary range for the lower classification, in accordance with the following provisions: A. Salary rates shall be reduced by at least one(1) step, and B. The new salary rate must be within the salary range for the classification to which demoted. SECTION 3.8. Assignment Pa A. Deputy Chiefs. Fire Battalion Chiefs assigned as Deputy Chiefs by the Fire Chief sha11 receive a sixteen (16%) percent salary increase over the base pay of the Battalion Chief position. This form of compensation, also referrred to as Management Incentive Pay", shall continue to be reported to Ca1PERS as special compensation and therefore compensation earnable pursuant to California Public Employees' Retirement System(PERS)Regulations, Section 571(a)(1). B. Training Officer. Fire Battalion Chiefs assigned to Training shall receive a twelve 12%) percent salary increase above the Fire Battalion Chiefs base pay. This form of compensation, also referred to as "Training Premium" or "Safety Officer Training/Coordinator Premium", shall continue to be reported to Ca1PERS as special compensation and therefore compensation earnable pursuant to California Public Employees' Retirement System(PERS)Regulations, Section 571(a)(4). C. All special assignments shall be made or revoked at the discretion of the Fire Chief. SECTION 3.9. Urban Search and Rescue Certification Bonus. The City shall provide an Urban Search and Rescue (USAR) certification bonus of$75.00 per month for qualified unit members, as approved by the Fire Chief. The qualified member's bonus pay shall become effective on the Resolution No.11108 4 8545198.1 OR020-072 first day of the pay period following submission of proof of certification. This form of compensation, also referred to as "Educational Incentive," shall continue to be reported to Ca1PERS as special compensation and therefore compensation earnable pursuant to California Public Employees' Retirement System(PERS) Regulations, Section 571(a)(2). SECTION 3.10. Bilingual Bonus. The City shall provide a bilingual bonus of $140.00 per month for qualified unit members. Employees shall be required to demonstrate bilingual competency to be eligible for a bilingual bonus, and may be required to demonstrate continued proficiency on an as-needed basis. The Human Resources Department shall be responsible for developing and conducting bilingual skill competency tests. Bilingual bonuses shall be limited to those languages for which there is a demonstrated need for Fire Department personnel as determined by the City. The qualified member's bonus pay shall become effective on the first day of the pay period following completion of the bilingual examination. This form of compensation, also referred to as "Bilingual Premium," shall continue to be reported to CalPERS as special compensation and therefore compensation earnable pursuant to California Public Employees' Retirement System(PERS) Regulations, Section 571(a)(4). SECTION 3.11. Chief Officer Certification. The City shall provide a Chief Officer Certification bonus of$150.00 per month for qualified unit members. The qualified member's bonus pay shall become effective on the first day of the pay period following submission of proof of certification. This form of compensation, also referred to as "Educational Incentive," sha11 continue to be reported to Ca1PERS as special compensation and therefore compensation earnable pursuant to California Public Employees' Retirement System (PERS) Regulations, Section 571(a)(2). SECTION 3.12. California lncident Command Certification Svstem (CICCS, Bonus. The City shall establish a$100.00 per month bonus for unit members who are certified as a CICCS Strike Team Leader. The qualified member's bonus pay shall become effective on the first day of the pay period following submission of proof of certification. This form of compensation, also referred to as "Educational Incentive," shall continue to be reported to Ca1PERS as special compensation and therefore compensation earnable pursuant to California Public Employees' Retirement System (PERS) Regulations, Section 571(a)(2). Article IV WORK WEEK-WORK SCHEDULE SECTION 4.1. Suppression Personnel. Fire suppression personnel will work an average work week of 55.9 hours. SECTION 4.2. All Other Personnel. The regular work week for all other personnel shall continue to consist of 40 hours, four(4), ten (10) hour days. The meal period will be considered time worked" as provided by the FLSA for employees working this 4/10 schedule. Resolution No. 11108 5 8545198.1 OR020-072 SECTION 4.3. For fire suppression personnel, the current three (3) platoon work schedule consisting of twenty-four(24)hour shifts commencing at 7:00 a.m. shall continue in effect. SECTION 4.4. The work cycle for sworn Fire Department suppression personnel will be nine 9) days within a twenty seven(27) day work period. Article V OVERTIME, CALL BACK PAY, SHIFT EXCHANGE COMPENSATORY OVERTIME SECTION 5.1. Com ensatory time shall be paid as follows: A. For fire suppression employees having an average work week of 55.9 hours, compensatory time shall accumulate at the premium rate of one and one-half(11/Z) hours of compensatory time for each one (1) hour of overtime actually worked in excess of the employee's regularly scheduled working hours for a 27-day work cycle. B. For employees having an average work week of forly (40) hours, compensatory time shall be accumulated at the premium rate of one and one-half (1%2) hours of compensatory time for each one (1) hour of overtime actually worked during the employee's regular work week. C. Only time actually worked shall count in the computation of overtime, except for ca11 back in accordance with this Article. D. Compensatory time for overtime will be accumulated in one-quarter ( 1/ 4) hour increments. Where an employee works less than one-quarter (1/4) hour per day of overtime, the employee shall not receive compensatory time for overtime of less than one-quarter ( 1/ 4) hour per day work. In order to be entitled to compensatory time, such compensatory time must be authorized by the Fire Chief or authorized agent. All compensatory time, except holiday compensatory time, shall be subject to a 240 hour cap at any given time. Any compensatory time accrued over 240 hours shall be automatically paid in the following pay period. Accumulated compensatory time not taken off in the calendar year in which it was earned may be carried over to the next year up to a maximum of eighty (80) hours. Any accumulated compensatory time carried over to a succeeding calendar year must be used during the calendar year or it shall be automatically paid on the first pay period of the new calendar year. E. Upon promotion to Battalion Chief, the City shall pay 100% of all prior compensatory time earned at the Fire Captain salary rate for the individual promoted. Resolution No. 11108 6 8545198.1 OR020-072 SECTION 5.2. Pa m pon Termination. Employees shall be entitled to receive payment for all accumulated compensatory time upon their termination. SECTION 5.3. Usage of Compensatory Time Previously Earned. Accumulated compensatory time off may be taken by an employee upon reasonable notice and prior approval of the Fire Chief. SECTION 5.4. In any instance involving use of a fraction of a day's compensatory time, the minimuxn charge to the employee's compensatory time account shall be one-quarter('/4)hour. SECTION 5.5. Overtime (Paid Overtime Compensatory time shall be paid at the regular rate of pay or equal time off, when authorized by the Fire Chief or authorized agent. A. Overtime shall be paid at the regular rate of pay and paid during the pay period in which it was earned. For personnel having an average work week of 55.9 hours, premium" pay shall be calculated at one and one-half (11/2) times the employee's regular rate of pay for actual hours worked in excess of 204 hours during a 27 day work cycle. Hours eligible for "premium" pay shall equal regular hours, plus overtime hours worked, minus leave time (sick leave, vacation, compensatory time of, minus 204. "Premium" pay shall be paid in the pay period in which the 27 day cycle ends. Compensatory time may be accrued in lieu of receiving pay for those hours eligible for "premium" pay. B. For personnel having an average work week of forty(40)hours, "premium" pay shall be calculated at one and one-half(11/Z) times the employee's regular rate of pay for the actual hours worked in excess of forty (40) hours in a 7 day work week. Hours eligible for "premium" pay shall equal regular hours plus overtime hours worked minus leave time (sick leave, vacation, compensatory time of, minus forty (40). Premium" pay shall be paid in the pay period in which it was earned. Compensatory time may be accrued in lieu of receiving pay for those hours eligible for "premium" pay. SECTION 5.6. Nothing herein is intended to limit or restrict the authority of the City to require any employee to perform overtime work. SECTION 5.7. Call Back Pay. A. When a fire suppression employee is required to report back to work after completing a normal work shift, and having left City premises and/or work locations, the fire suppression employee shall receive a minimum of 2.8 hours of compensatory time as call back pay. Forty(40) hour personnel will receive two (2)hours minimum as compensatory time for call back pay. Call back compensatory time shall be paid at the premium (time and one-hal fl rate of pay or equal time off, when authorized by the Fire Chief or authorized agent. Resolution No. 11108 7 8545198.1 OR020-072 B. During times of disaster, when so proclaimed by the Mayor of the City, overtime for all fire personnel shall be computed as though the fire personnel worked a forty (40) hour week. SECTION 5.8. Shift Exchan e. A. Employees shall have the right to exchange shifts when the change does not interfere with the operation of the Fire Department, except in the case of emergency. No obligation shall accrue to the City as a result of the operation of this provision. B. It shall be the responsibility of the individual who has agreed to work to report for duty or, if unable to report for duty, make arrangements for his replacement. In the event he is unable to find a replacement, the City may hire an overtime replacement and charge the vacation or compensatory time of the individual who was unable to report for duty. SECTION 5.9. Reimbursement from California Office of Emer e ncy Services (Cal-OES The CiTy will compensate its employees overtime in accordance with the current Memorandum of Understanding, portal to portal, while in the course of their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response. Article VI INSURANCE PROGRAMS SECTION 6.1. Health Insurance. A. The City shall contract with Ca1PERS (California Public Employees' Retirement System) to make available those health insurance benefits provided under the Public Employees'Medical and Hospital Care Act(PEMHCA). B. The City shall contribute toward the payment of premiutns under the Ca1PERS Health Benefits Plan to each eligible retiree annuitant of Ca1PERS to the extent required by law, a contribution of$133.00 per month. Effective January 1 each year, this contribution is expected to be adjusted by the Ca1PERS Board of Administration to reflect any change in the medical care component of the Consumer Price Index. C. Flexible Benefits Plan. The City shall administer a Section 125 Flexible Benefits Plan for active full-time and part-time eligible employees and pay the following amounts to provide funds for optional dental plans,vision plans,health plans,or miscellaneous pay: Resolution No.11108 8 8545198.1 OR020-072 1 i Janu 1, 2017 1,460.00 December 1, 2017 1,505.00 Janu l, 2018 1,580.00 January 1, 2019 1,655.00 D. Any amounts in excess of the amounts designated in Section C necessary to maintain benefits under any benefits plan selected by the employee shall be borne solely by the employee. E. An employee cannot be enrolled in the Ca1PERS Health Benefits Plan if a spouse is enrolled in the same agency or enrolled in an agency with Ca1PERS Health, unless the employee (or the spouse) is enrolled without being covered as a family member. Additionally, an employee may choose to not be enrolled in the Health Benefits Plan. If an employee chooses not to be enrolled in a health plan, the employee must provide proof of group medical insurance coverage (e.g., coverage under a spouse's employer's plan) that is compliant with the Affordable Care Act (ACA), as determined by the Human Resources Director. Based upon determination that group medical insurance coverage is in full force and effect, eligible employees shall receive the monthly contribution as described in section C above toward the Flexible Benefits Plan. In the event the employee loses eligibility (with documentation), the employee may enroll in the Ca1PERS Health Benefits Plan pursuant to their rules and regulations. F. The City may reopen negotiations at any time during the term of the MOU to address the impact of the ACA, provided that no changes may be made by the City unless they are either(1)mandated by the ACA, or(2)mutually agreed upon by the parties. SECTION 6.2. Life Insurance. The City shall contribute the full premium towards a 75,000.00 life insurance benefit. The City shall have the right to change life insurance carriers and administer the life insurance benefits provided herein. SECTION 6.3. Disability Insurance. The City sha11 make a contribution to the Orange Ciiy Firefighters, Loca12384, of$54.05 per month per regular full-time Fire Management bargaining unit employee toward a long term disability insurance benefit plan offered by the Orange City Firefighters and selected by the Orange Fire Management Association. Such plan shall be open to all Fire Management bargaining unit employees and the Association shall hold the City harmless, defend and indemnify the City for any claims regarding the administration or payment of claims under any Association sponsored plan. Resolution No. 11108 9 8545198.1 OR020-072 Article VII EDUCATIONAL REIMBURSEMENT.PROFESSIONAL DEVELOPMENT AND INCENTIVE PROGRAMS SECTION 7.1. The City will reimburse employees for the cost of tuition, textbooks, parking fees, and health fees required for approved community college and college courses, and courses certified through California State Fire Training at the Local, State and Federal Level. An approved course is one designed to directly improve the knowledge of the employee relative to his specific job and must be approved by the Fire Chief and the Human Resources Director prior to registration. Full reimbursement up to the amount specified below will be provided based upon completion of the approved course(s)with a final grade of"C" or better. SECTION 7.2. Educational reimbursement payments to an employee shall not exceed 1,500.00 in one (1) fiscal year. The employee must still be employed by the City when the course is completed. A. Professional Development. The City agrees to allow reimbursement to employees of up to $800.00 of the $1,500.00 allotted per fiscal year for activities which aid in their professional development. Reimbursable activities include the following: 1) Attendance at job-related professional conferences and seminars; 2) Payment of inembership dues in community and professional organizations; 3) Purchase of job-related professional journals, books, and other written materials which further their knowledge and improve their effectiveness in their duties. B. Participation and/or purchase must be approved in advance by the department head and the Human Resources Director. C. The above modifications are made to recognize and encourage staff to pursue educational and public relations oriented activities beyond those normally budgeted for them by their departments and in which they are directed to participate. Approved activities are those which may be expected to further their knowledge of their jobs and the Orange community and which contribute to their improved effectiveness. Individual departments may continue to budget funds for staff attendance at professional conferences and seminars for payment of professional membership dues and for the purchase of books, journals, and related written materials which enhance the stafP s knowledge. Resolution No. 11108 10 8545198.1 OR020-072 SECTION 7.3. Educational Incentive Program. The City agrees to establish the following educational incentive program payable on a monthly basis for safety employees in the bargaining unit. i II : AA De ee 190.00 BA/BS De ee 330.00 MA/MS De ee 390.00 Article VIII iTNIFORMS SECTION 8.1. The City of Orange shall purchase uniforms for all regular uniformed members of the Fire Department. All uniforms thus purchased shall remain the properry of the City of Orange. A. Total expenditures for the Fire Deparhnent shall not exceed $800.00 per fiscal year per uniformed officer. B. This $800.00 per year is reportable to Ca1PERS as pensionable compensation, except for "new members" hired on or after January 1, 2013, pursuant to the California Public Employees' Pension Reform Act of 2013 (PEPRA). SECTION 8.2. All protective clothing or protective devices required of employees in the performance of their duties shall be furnished without cost to the employees by the City. Article IX HOLIDAYS SECTION 9.1. Fire Department employees shall have the following paid holidays in accordance with this Article: 1) January lst(New Year's Day) 2) The third Monday in February(Presidents' Day) 3) The last Monday in May(Memorial Day) 4) July 4`(Independence Day) 5) The first Monday in September(Labor Day) 6) November 11' (Veterans Day) 7) Fourth Thursday in November(Thanksgiving Day) 8) Fourth Friday in November(Day after Thanksgiving) Resolution No. 11108 11 8545198.1 OR020-072 9) One-half day before Christmas (Christmas Eve) - (regular employees receive 5 hours, suppression employees receive 6 hours) 10) December 25' (Christmas Day) 11) A total of two (2) Floating Holidays SECTION 9.2. A. Fire suppression employees who work an average work week of 55.9 hours, shall receive holiday pay in lieu of holiday time off. The employee shall have the option annually to have holiday pay paid out in one of two ways: either, receive the holiday hours in pay for each occurrence in the pay period that the holiday falls within, or holiday hours shall be accrued and paid-off twice a year, with the pay-offs occurring in the pay period that includes Memorial Day, and the pay period that includes Thanksgiving. B. One working day equals twelve (12) hours for suppression personnel. C. Fire employees who have a regular forty (40) hour work week, shall receive ten (10) hours off with pay for such holidays. D. As set forth in this Memorandum of Understanding, the terms `holiday pay' or holiday pay in lieu of time off' shall be defined as cash compensation in the same amount the affected employee would have received had he/she taken the holiday off with pay, which would include the individual's base pay, plus premiums that qualify as `special compensation' as defined in the PERL (California Public Employees' Retirement Law). E. Any accumulated holiday compensatory time accrued in excess of 120 hours per calendar year shall be automatically paid on the first pay period of the new calendar year. SECTION 9.3. For those employees whose regular work week is forly (40) hours, in the event any of the above holidays, except one-half (1/2) day before Christmas, fall on a Sunday, the following Monday will be taken in lieu of the holiday. When any of the above holidays fall on a Saturday, except one-half (1/2) day before Christmas, the preceding Friday will be deemed a holiday. If the day before Christmas falls on a Saturday or Sunday, forty (40) hour personnel shall receive an additional one-half day. SECTION 9.4. Should an employee whose regular work week is forty (40) hours be required to work on a holiday, the employee shall receive holiday pay and straight time pay for all hours worked on the holiday or the equivalent time off as compensatory time. Work on a holiday must be approved by the Fire Chief. Employees shall receive no other compensation for working a holiday. Resolution No. 11108 12 8545198.1 OR020-072 SECTION 9.5. Should one of the holidays listed above fall during the employee's vacation period, the employee shall receive holiday pay and no charge shall be made against the employee's accumulated vacation. SECTION 9.6. For employees having an average work week of forty (40) hours, the two (2) floating holidays shall be taken at the convenience of the City with approval of the Fire Chief or his duly authorized agent. Employees promoted into this bargaining unit after January 1 St shall receive a prorated portion of the two (2) floating holidays during their first calendar year in this bargaining unit. The floating holidays are not accumulative and shall be forfeited should they not be ta.ken during the year they are earned. Employees under this section who terminate their employment with the City prior to using their floating holidays shall receive cash reimbursement for said time. Article X VACATION SECTION 10.1. Fire Management employees accrue paid vacation as follows (see Appendix B", Vacation Benefits). A. Schedule 1: For Battalion Chiefs who work an average 55.9 hour work week. B. Schedule 2: For Battalion Chiefs who work a regular forty(40) hour work week. SECTION 10.2. Vacation shall be taken at the convenience of the City with the approval of the Fire Chief. Where possible, such vacation should be taken annually and not accumulated from year to year. Vacation days not in excess of the equivalent number of days earned in the immediately preceding twenty-four (24) month period may be accumulated with the permission of the Fire Chief and the Human Resources Director. Employees sha11 not accumulate vacation in excess of the equivalent number of days earned in the immediately preceding twenty-four 24)month period. Such excess not taken by the employee shall be automatically paid. SECTION 10.3. An employee may convert up to fifty percent (50%) of his current annual vacation accrual into pay in lieu of time off with pay. An employee may only convert once in each calendar year. SECTION 10.4. Employees who terminate their employment with the City shall be paid for accrued vacation, if any, and the prorated portion of their final accrual. Prorated vacation shall be on the basis of one-twelfth (1/12) of the employee's annual vacation pay for each full month of service. Resolution No.11108 13 8545198.1 OR020-072 Article XI OTHER LEAVES OF ABSENCE SECTION 11.1. Leave of Absence Without Pay. For all regular employees as described herein, the following Leave Without Pay procedure shall apply: A. After all available leave benefits, including vacation, compensatory time, and other leave benefits have been completely used, a regular employee, not under suspension, may make written application to the department head for leave without pay. No such leave will be considered absent a written application from the employee requesting leave. B. If the Fire Chief and the Human Resources Director agree that such leave is merited and in the interest of the City, leave may be granted for a period not to exceecl six (6) months following the date of expiration of all other allowable leave benefits. C. No employment or fringe benefits such as sick leave, vacation, health insurance, retirement, or any other benefits shall accrue to any employee on leave of absence without pay except as denoted under the City's Family Care and Medical Leave provisions. During such leave in excess of five (5) working days, no seniority shall be accumulated. D. Subject to and consistent with the conditions of the group health, life or disability plan, coverage may be continued during a leave,provided direct payment of the total premium by the employee is made through and as prescribed by the Payroll Division of the City. The City will pay up to six (6) months of the Flexible Benefit Plan contribution for employees who are on long term disability leave. E. At the end of such leave, if the employee desires additional leave, written application must be made through the Fire Chief to the Human Resources Director at least ten 10) days before the end of the six (6) month period, stating the reasons why the additional leave is required and why it would be in the best interests of the City to grant such leave of absence. If such additional leave is merited and would still preserve the best interests of the City, he may approve such extension of the leave of absence for a period up to but not to exceed an additional six (6) months. F. If the employee does not return to work prior to or at the end of such leave of absence or extension of leave of absence, the City shall consider that the employee has terminated his employment with the City. G. An employee on leave of absence must give the City at least seven (7) days' written notice of his intent to return to work prior to returning to work. Resolution No. 11108 14 8545198.1 OR020-072 H. Any employee who engages in outside employment during said leave of absence without prior notification and approval of the Human Resources Director and Fire Chief may be subject to termination. I. Any employee who falsifies the reason for the request for said leave of absence may be terminated for falsifying a request for leave of absence or extension thereof. J. Such leave shall be granted on the same basis for pregnancy, childbirth, and other medically-related conditions, except that such an employee shall retain a11 seniority rights. K. Forms setting forth the benefits available or such other pertinent information shall be maintained for distribution in the Human Resources Department. SECTION 11.2. Personal Necessi , Leave. Employees may be allowed up to one (1) working day per month without pay for personal business with approval of the Fire Chief. Employees shall accrue no employment benefits for any personal necessity leave in excess of one (1) day per month. SECTION 11.3. Jury Dutv. When required to serve on a jury while on duty, employees shall have time off for a period of actual service required on the jury. Employees shall receive their regular pay while serving on jury duty during their regular working hours, provided all jury fees paid to the individual employee, less automobile expenses allowed, are turned over to the City. If an off-duty employee is called as a witness on behalf of the City, he shall receive overtime pay. Any witness fees that accrue to the employee for his witness services for the City sha11 be turned over to the City. Once an employee has completed his jury service, he must provide the Certificate of Jury Service to his immediate supervisor to qualify for jury duty compensation. SECTION 11.4. Military Leave of Absence. If an employee is required to take military training two (2) weeks each year, he shall be entitled to military leave of absence under the provisions of State law, found in Section 395-395.02 of the Military and Veterans Code. An employee must provide a copy of their military orders to the Human Resources Department to qualify for a military leave of absence. Any exceptions to this provision shall be considered on a case by case basis, with final approval of the Human Resources Director. SECTION 11.5. Sick Leave. Sick leave with pay sha11 be allowed, credited, and accumulated in accordance with the following: A. For employees who work an average of 55.9 hours, twelve (12) hours of sick leave will accrue for each month of continuous service. B. For employees who work a regular forty(40) hour week, eight(8)hours of sick leave will be accrued for each month of continuous service. C. All non-benefitted employees shall receive sick leave as required by State law. Resolution No. 11108 15 8545198.1 OR020-072 D. For employees who work an average 55.9 hour work week, sick leave will be charged at the rate of one (1) shift, twenty-four (24) hours for each work shift an employee is absent. E. For employees working a regular forly (40) hour week, sick leave will be charged at the rate of one (1) day,ten(10)hours for each working day an employee is absent. SECTION 11.6. Sick Leave Usa e. Any employee eligible for sick leave with pay sha11 be granted such leave for the following reasons: A. Personal illness or physical incapacity resulting from causes beyond the employee's control, including pregnancy, childbirth and other medically-related conditions. B. Medical and dental office appointments during working hours, when authorized by the Fire Chief. C. Employees working a regular forty (40) hour week may charge 48 hours per calendar year to sick leave for reasons of illness or injury of any employee's immediate family. Employees who work an average 55.9 hour week may charge 72 hours per calendar year to sick leave for reasons of illness or injury of any employee's immediate family. "Immediate family" as used in this subsection is limited to any relation by blood, marriage, or adoption who is a member of the employee's household (under the same roo, any parent, substitute parent, parent-in-law, spouse, registered domestic partner, child, brother, sister, grandchild, or grandparent of the employee,regardless of residence. D. For an employee who is a victim of domestic violence, sexual assault, or stalking, for the purposes described in Labor Code sections 230(c) and 230.1(a). E. Bereavement Leave. The death or critical illness where death appears to be imminent of a member of the employee's immediate family. "Immediate family" is used in this Agreement as limited to any relation by blood, marriage, or adoption, who is a member of the employee's household, under the same roof, and any parent, substitute parent, parent-in-law, legal guardian, spouse, registered domestic partner, child, brother, sister, grandparent, grandparent-in-law, grandchild, brother-in-law, sister-in-law, aunt, or uncle of the employee, regardless of residence. Days of absence due to bereavement leave shall not exceed three (3) consecutive working days per incident for forty (40) hour personnel or two (2) consecutive twenty-four 24) hour shifts per incident for 55.9 hour personnel, and shall not be deducted from the employee's accumulated sick leave. An employee on bereavement leave shall inform his immediate supervisor of that fact, and the reasons therefore, as soon as possible. Failure to do so within a reasonable period of time may be cause for denial of bereavement leave with pay for the period of absence. The City may require proof of the relationship as a condition to payment of bereavement leave. Employees Resolution No. 11108 16 8545198.1 OR020-072 wishing to take additional time off for bereavement may use sick leave, vacation, or compensatory time, with approval of the Fire Chief. F. Sick leave may be applied only to absence caused by illness or injury (including industrial illness or injury as set forth in Section 11.7) of an employee and may not extend to absence caused by illness or injury of a member of the employee's family, except as set forth in (C) and (D) above. In any instance involving use of a fraction of a day's sick leave, the minimum charged to the employee's sick leave account shall be one-quarter ( 1/ 4) hour, while additional actual absence of over one-quarter (1/4) hour shall be charged to the nearest one-half (1/ z) hour. The Fire Chief shall be responsible for control of abuse of sick leave privileges if such absence exceeds four 4) working days for 40 hour work week personnel or three (3)twenty-four (24) hour shifts for suppression personnel. An employee may be required, as a condition to receiving sick leave pay, to furnish a certificate of illness issued by a licensed physician or nurse, or other satisfactory evidence of illness, in writing, on a form supplied for this purpose. G. The Association shall cooperate with the Fire Chief in reducing and curbing sick leave usage. H. Service Retirement. Upon retiring from City service and entering the Public Employee's Retirement System, an employee with a minimum of five (5) years of continuous service to the City shall receive pay for 50% of all unused sick leave hours. I. Disability Retirement. Each employee who receives a work-related permanent disability retirement pursuant to the Public Employees' Retirement System shall be paid all accumulated unused sick leave benefits, and is entitled to have such date of retirement delayed by a crediting of his accumulated sick leave in accordance with State Law. J. Upon the death of an employee while employed by the City, one hundred (100%) percent of a11 accrued sick leave benefits shall be paid to the beneficiary of the deceased employee. Payment will be made when proper authorization is received from the estate of the decedent employee. SECTION 11.7. Workers' Compensation. Workers' Compensation benefits will be provided as follows: A. Safetv Personnel. Salary continuance for safety personnel will be provided in accordance with the current State of California's Division of Workers' Compensation laws and regulations. Resolution No.11108 17 8545198.1 OR020-072 B. Modified Li h tv Work Prog ams. An employee may be eligible for a temporary modified light duty assignment while recovering from an injury or illness. The availability of the assigrunent depends on the restrictive nature of the injury or illness and the availability of light duty. This assignment is subject to approval of the Human Resources Director and Fire Chief. C. Course of Employment. Should it be determined by the employee's doctor, or an agreed doctor by both parties, or an Administrative Law Judge through the Workers' Compensation Appeals Board that an employee's illness or injury did not arise in the course of the employee's employment with the City or that the employee is not temporarily or permanently incapacitated or disabled as a result of the injury or illness, then the employee's accrued, or if insufficient, future sick leave shall be charged to reimburse the City for any payments made to the employee pursuant to above. D. Physician Pre-Desi agntion• Before a work-related injury, an employee may elect to pre-designate a qualified medical provider if done in accordance with the State of California's Division of Workers' Compensation. Pre-designation regulations include but are not limited to the following criteria: 1) The physician has a previous history of directing the medical treatment of the employee; 2) The physician retains the medical records and history of the employee; and 3) The physician agrees to treat work-related injuries or illnesses in accordance with the regulations. E. Frin e Benefits. The City will continue to provide vacation, sick leave, insurance, and other fringe benefits for employees who have an accepted and active workers' compensation claim. Any fringe benefits not paid by the City pending the determination of whether an injury/illness is job-related shall be paid retroactively if the injury/illness is subsequently determined to be job-related. In such instances the employee shall be reimbursed for any benefit or premium payments made by the employee prior to the job-related determination being finalized. Article XII RETIREMENT SECTION 12.1. The City shall continue its present participation in the California Public Employees'Retirement System. This participation shall include, but not be limited to: Resolution No. 11108 18 8545198.1 OR020-072 A. The City will pay the premium to provide employees covered under this agreement with the Third Level of the PERS 1959 Survivor Benefit option. Effective April 15, 2018, there shall be an increase in the 1959 Survivor's level of benefits to the fourth level (Government Code 21382.4) for safety members; safety members shall pay their $2.00 per month employee portion through payroll deduction. The City shall pay the employer portion subject to the following limit: in the event the employer portion exceeds $6.00 per month, safety members agree to pay any portion of the employer portion that exceeds $6.00 per month. SECTION 12.2. Safetv PERS Formula — Tier 1. The City agrees to provide the PERS 3% at age 50 benefit program, as set forth in Section 21362.2 of the California Government Code, to safety members of PERS who are not "new members" as defined in California Government Code Section 7522.04(. The City shall pay all remaining costs toward the retirement program for employees covered herein. These individuals are subject to the one (1) year final compensation measurement period set forth in California Government Code Section 20042. SECTION 12.3. Safetv PERS Formula—Tier 2. Employees hired on or after January 1, 2013, shall be subject to the California Public Employees' Pension Reform Act of 2013 (PEPRA). This shall include, but not be limited to, the following: Those who are "new members" as that term is defined in the legislation shall be subject to the PERS 2.7% at age 57 pension formula, their pension based on their average annual compensation over a three (3) year period, and no employee paid member contribution. SECTION 12.4. Retirement Health Savin s Plan. All Fire Management employees are required to participate in the plan by converting the value of the following forms of compensation, on a tax-deferred basis, into their savings account: 100% of eligible accrued Sick Leave cashout value at separation from service in accordance with Section 11.6 H above; and 100%of eligible accrued Vacation Leave cashout value at separation from service; and 100%of eligible accrued Other Leave cashout value at separation from service. SECTION 12.5. PERS Member Contribution — Tier 1. Safety employees who are "classic members" shall contribute nine percent (9%) of their PERS-reportable income, on a pre-tax basis, toward their Ca1PERS Member Contribution Rate. The City's report to the Public Employees' Retirement System will show this amount as the employees' contribution. The employee will be provided with a bi-weekly paystub showing the amount of contribution as deferred. Employee paid member contributions to Ca1PERS for all employees covered by this MOU shall be made pursuant to section 414(h)(2) of the Internal Revenue Code to enable the employee's taxable income to be reduced by the amount of the employee paid contribution. SECTION 12.6. PERS Member Contribution — Tier 2. Safety employees who are "new members" shall pay one-half of the normal cost as that term is defined in the statute. This member contribution rate for new members has been established by Ca1PERS at 12.0% of reportable compensation and is subject to change by Ca1PERS. Resolution No. 11108 19 8545198.1 OR020-072 Article XIII TRAVEL EXPENSE ALLOWED SECTION 13.1. Automobile Allowance. Expense claims for the use of private automobiles must be submitted to Accounts Payable for reimbursement with department head signature. Such use, if approved, will be reimbursed according to IRS regulations. SECTION 13.2. Out of Citv Travel. If the estimated expense of contemplated travel out of the City is too great to expect the employee to finance the trip and be reimbursed upon his return, the City Manager may authorize advance payment of the estimated amount of the travel expense to the employee. SECTION 13.3. Tourist class airplane passage will be considered standard for out-of-town travel. SECTION 13.4. Use of personal cars for out-of-town trips, within the State, may be approved by the City Manager when use of commercial transportation is not available or practical. If an employee prefers to use his personal car, he may be reimbursed the amount of the cost of the commercial transportation. A flat rate according to IRS regulations may be approved for use of personal cars when City cars are not available. SECTION 13.5. Air, rail, or public transportation used and expenses for local transportation such as taxi cabs and bus fare, will be allowed whenever such transportation is necessary for conduct of City business. In addition, the following expenses and charges will be allowed, whenever necessary, for conducting City business: A. Expense will be allowed for adequate lodging. Hotel accommodations shall be appropriate to the purpose of the trip. B. Telephone charges will be allowed for official calls. C. Expenses for meals will be reimbursed according to the Finance Department's Administrative Policy Number 4.13. Article XIV SAFETY STANDARDS SECTION 14.1. The City shall abide by all applicable federal and state statutes, and local ordinances relating to health and safety. Resolution No. 11108 20 8545198.1 OR020-072 SECTION 14.2. Health Fitness Standards. In an effort to ixnprove and maintain the physical and mental well being of all fire safety personnel, and to reduce the frequency and intensity of work related injuries and illness, the Association and the City agree to the following Health Fitness Standards: A. Smokin: As a condition of employment,new employees shall refrain from smoking on duty. 1) Existing employees will be encouraged to become non-smokers; be provided with information andlor training to assist such effort and, the City may provide medical assistance as required. 2) Designated smoking/non-smoking regulations and areas will be established in a11 Fire Department buildings. B. Physical Fitness: The City shall allow and encourage employees to participate in recognized physical fitness programs while on duty which shall not conflict with the Department's ability to provide services or previously scheduled activities. C. Responsibilities: The City shall provide optional physical exams that meet or exceed NFPA recommendations, for all Department safety employees. The results of all exams, except that which is required by law, shall be confidential between the examining physician and the employee. SECTION 14.3. Physical Fitness Incentive Program. Employees may receive up to $395.00 per fiscal year towards reimbursement for items A andlor B below. A. Membership in a health/fitness club. B. Participation in a weight loss/stop smoking/wellness/fitness program. Article XV NO STRIKE -NO LOCKOUT SECTION 15.1. Association Prohibited Conduct. The Association, its officers, agents, representatives and/or members agree that during the term of this agreement, they will not cause or condone any strike, walkout, slowdown, or any other concerted job action by withholding or refusing to perform services. A violation of this section by any employee shall constitute just cause for discharge pursuant to Article XVII. SECTION 15.2. City Prohibited Conduct. The City agrees that it shall not lockout its employees during the term of this Agreement. The term "lockout" is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall or failure to return to Resolution No. 11108 21 8545198.1 OR020-072 work of the employees of the City in the exercise of its rights as set forth in any of the provisions of this Agreement or applicable ordinance or law. SECTION 15.3. Association Responsibilitv. In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 15.1 above, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this Memorandum of Understanding, and request that a11 such persons immediately cease engaging in the prohibited conduct and return to work. If the Association acts in good faith to meet its responsibilities as set forth above, the Association, its officers, agents, representatives and its members shall not be liable for damages for prohibited conduct engaged in by employees who are covered by this Agreement in violation of Section 15.1. SECTION 15.4. The City shall have the right to bring suit for damages andlor equitable relief in the Courts for breach of this Article. Article XVI CITY RIGHTS SECTION 16.1. The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been abridged by specific provision(s) of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive rights of Management, as they are not abridged by this Agreement or by law, shall include the following rights: A. To manage the City generally and to determine the issues of policy. B. To determine the necessity and organization of any service or activity provided by law as c nducted by the City. C. To determine the nature, merit, and technology of services to be provided to the public. D. Methods of financing. E. Types of equipment or technology to be used. F. To determine and/or change the location of facilities, through which the City operations are to be conducted. G. To determine types of operations, processes and materials to be used in carrying out City functions. Resolution No.11108 22 8545198.1 OR020-072 H. To assign work to and schedule employees in accordance with the terms of this Agreement. I. To relieve employees from duties for lack of work or similar non-disciplinary reasons subject to negotiations as required by law. J. To discharge, or otherwise discipline the employees for just cause, subject to procedural due process pursuant and provisions of Article XVII. K. To determine new job classifications as a result of a new operation subject to negotiations as required by law. L. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with this Memorandum of Understanding. M. To determine standards for selection, training, and promotion of employees pursuant to current City policy. N. To continue current Fire Department policy with respect to the establishment of performance standards. O. To promulgate reasonable rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement. P. To take any and all necessary action to carry the mission of the Agency in emergencies as set forth in Article XXI, Section 21.4 Emergency Waiver Provisions. Q. To continue those mutual response pact(s) outside the corporate limits of the City that are currently in effect and to subcontract and enter into agreements with other cities for the purpose of providing a multi-purpose training facility and communications centers. SECTION 16.2. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this Memorandum of Understanding. Resolution No. 11108 23 8545198.1 OR020-072 Article XVII DISCIPLINE AND DISCHARGE: RULES AND REGULATIONS SECTION 17.1. The City shall have the right to discipline (up to and including suspension of employees) and discharge regular employees for "just cause". SECTION 17.2. Probationary employees shall not be disciplined up to and including discharge for reasons which are arbitrary, andlor capricious, and/or invidiously discriminatory. SECTION 17.3. In order to implement the provisions of the Firefighters Procedural Bill of Rights Act, California Government Code Section 3250 et seq., in harmony with the provisions of the Memorandum of Understanding between the City of Orange (City) and the Orange Fire Management Association(Association),the parties hereby agree as follows: A. The City sha11 comply with the provisions of the Firefighters Procedural Bill of Rights as set forth in Government Code Section 3250 et seq. B. Disciplinary actions subject to the grievance procedure set forth in Article XX shall include discipline as defined by the Firefighters Procedural Bill of Rights. If the discipline is of a nature that entitles an employee to a hearing under the Firefighters Procedural Bill of Rights, that hearing shall be conducted in conformance therewith. The parties agree that the arbitrator selected pursuant to the procedures in Section 20.5 shall act in the capacity of the hearing officer and conduct the hearing in accordance with the Firefighters Procedural Bill of Rights. 1) The Department and the Association shall endeavor to appraise each other of potential disciplinary issues and investigations as soon as appropriate. 2) Employees subject to investigatory interviews may be accompanied by one representative and legal counsel if requested, as long as legal counsel is reasonably available and does not cause any significant delay of the investigation. C. Any hearing on a grievance alleging a violation of the Firefighters Procedural Bill of Rights shall be conducted in conformance with the procedure set forth in Section 17.3.B. Article XVIII PROBATIONARY PERIOD (NEW EMPLOYEESI SECTION 18.1. The probationary period for new employees shall be for a period of one (1) year(365 days from date of hire) in order to demonstrate suitability for the job. Resolution No. 11108 24 8545198.1 OR020-072 SECTION 18.2. For good cause, with the approval of the Human Resources Director, the Fire Chief may extend such probationary period. Article XIX PAYROLL DEDUCTIONS SECTION 19.1. The City shall continue its present policy of payroll deductions on a bi-weekly basis in the amount certified as authorized in writing by individual employees. Effective upon the date of promotion from the Fire Union MOU into this Fire Management Association MOU, the Fire Union dues collected on behalf of the promoted employee shall cease. SECTION 19.2. The Employee agrees to hold the City harmless and indemnify the City against any claims, causes of actions, lawsuits arising out of the deductions or transmittal of such funds. The Employee shall notify the City within ten (10) calendar days of any discrepancy(ies) concerning other payroll deductions pursuant to this Article. If the Employee does not notify the City of any discrepancy within ten (10) calendar days, the City shall be relieved of any asserted discrepancy. SECTION 19.3 Direct Denosit. City employees are required to participate in the Ciiy's direct paycheck deposit program. Article XX GRIEVANCE PROCEDURE SECTION 20.1. Grievance Defined. A grievance shall be defined and limited to a dispute or controversy between an employee, or a group of employees and the City regarding the application or interpretation of this Memorandum of Understanding, City Personnel policies, and/or departmental rules,regulations or practices. SECTION 20.2. Procedural Due Process. Concerning pre-disciplinary matters, the grievance procedure shall not act as a substitute for procedural due process rights for individual employees. SECTION 20.3. A plication of Procedure. All grievances sha11 be adjusted in accordance with the procedure set forth in this Article and shall constitute the exclusive means and procedure for the settlement and disposition of all grievances. An employee may process his own grievance provided that any of the grievance is not inconsistent with the terms of this Memorandum of Understanding, and a representative has been given an opportunity to be present at all grievance proceedings, including adjustment of the grievance. The grieving party must state in writing the remedy sought to resolve the grievance. Resolution No. 11108 25 8545198.1 OR020-072 SECTION 20.4. Timel, and Processin of Grievances. Any grievance not filed within the time limit set forth herein shall be barred and waived. Any grievance not timely processed through the next step of the grievance procedure shall be considered resolved in accordance with the prior answer of the City. SECTION 20.5. Steps of Grievance Procedure. A. Step I• A grievance must be filed, in writing, with the Fire Chief or his designee within twenty (20) calendar days after the grievant knew, or in the exercise of reasonable diligence should have known, of the event giving rise to the grievance. Within ten (10) calendar days of receipt of the grievance, a Department designee shall meet with the grievant and his representative and submit a written response thereto. B. Step II• If grievant is not satisfied with the decision of the Fire Chief or his designee, or if he has not received a written decision within the time specified, the grievant may file a written appeal with the City Manager or his designee within ten (10) calendar days of the answer or such time when the answer was due. Within five (5) calendar days of receipt of written appeal,the City Manager, or his designee(s), shall meet with the grievant and his representative, and shall submit a written response thereto within ten(10) calendar days of receipt of the written appeal. Article XXI SCOPE AND APPLICATION SECTION 21.1. Sole and Entire A reement. It is the Intent of the parties hereto that this Memorandum of Understanding shall supersede all prior memorandums of understanding or contrary City contracts and when approved by the City Council shall govern the entire relationship between the parties. SECTION 21.2. This Agreement is subject to amendment only by subsequent written agreement between, and executed by, the parties hereto. SECTION 21.3. Separability Provision. If any provision of this Agreement, or the application of such provision, should be rendered or declared invalid by any court action or by reason of any existing or subsequently-enacted legislation, the remaining parts or portions of the Agreement shall remain in full force and effect. SECTION 21.4. Emer enc,y Waiver Provisions. In the event of circumstances beyond the control of the City as a result of a declared emergency, national disaster, or similar circumstances, provisions of this Memorandum of Understanding, and/or the Personnel Rules or Regulations of the City, andlor departmental rules and policies shall be suspended for the Resolution No. 11108 26 8545198.1 OR020-072 duration of such emergency. After the emergency is declared over, the City shall immediately meet and confer with the Association regarding the impact on employees of the suspension of these provisions in the Memorandum of Understanding and/or City andlor departmental rules and policies. Article XXII TERM OF MEMORANDUM OF UNDERSTANDING SECTION 22.1. Term of A reement. The term of this Memorandum of Understanding shall commence on July 1, 2017 and shall continue in effect to and including June 30, 2019. Article XXIII WAIVER OF BARGAINING DURING TERM OF AGREEMENT SECTION 23.1. During the term of this Memorandum of Understanding, the parties mutually agree that they will not seek to negotiate or bargain with regard to wages, hours and terms and conditions of employment, whether or not covered by the Memorandum or in the negotiations leading thereto, and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the negotiations leading to this Memorandum. Regardless of the waiver contained in this Article, the parties may, however, by mutual agreement, in writing, agree to meet and confer about any matter during the term of this Memorandum. Resolution No.11108 27 8545198.1 OR020-072 Article XXIV RATIFICATION AND EXECUTION The City and the Association acknowledge that this Memorandum of Understanding shall not be in full force and effect until ratified by the Association and adopted by the City Council of the City of Orange. Subject to the foregoing, this Memorandum of Understanding is hereby executed by the authorized representatives of the City and the Association and entered into this 14' day of August 2018. CITY OF ORANGE ORANGE CITY FIRE MANAGEMENT ASSOCIATION B By: Teresa E. Smith, Mayor Robe Stefano, •esident By: D g Fackiner,Vice President Approved as to form: Laura J. Ka1ty, Special Counsel fo the CiTy Resolution No. 11108 28 8545198.1 OR020-072 APPENDIX"A" ORANGE FIRE MANAGEMENT ASSOCIATION MONTHLY SALARY RANGES EFFECTIVE AUGUST 7,2016 3.0% Across the Board Salary Increase NEW STEP STEP STEP STEP STEP STEP Classification Title RANGE A B C D E F Fire Battalion Chief 671 10130 10648 11189 11761 12361 12991 EFFECTIVE DECEMBER 24,2017 1.75% Across the Board Salary Increase NEW STEP STEP STEP STEP STEP STEP Classification Title RANGE A B C D E F Fire Battalion Chief 674.5 10309 10836 11387 11968 12579 13220 Resolution No.11108 29 8545198.1 OR020-072 APPENDIX "B" VACATION BENEFITS SCHEDULEI Fire Battalion Chiefs who work fire suppression sha11 accrue vacation on the following basis: ACCRUAL RATE 12.56 HOURS = 1 DAY Years of Hours per Days per Shifts Service Year Year Per Year 1 138.0 11.00 5.75 2 141.3 11.25 5.88 3 157.0 12.50 6.54 4 172.7 13.75 7.20 5 188.0 15.00 7.83 6 194.3 15.50 8.10 7 200.6 16.00 8.36 8 206.9 16.50 8.62 9 213.2 17.00 8.88 10 219.5 17.50 9.15 11 225.8 18.00 9.41 12 232.1 18.50 9.67 13 238.4 19.00 9.93 14 244.7 19.50 10.20 15 251.0 20.00 10.46 16 257.3 20.50 10.72 17 263.6 21.00 10.98 18 269.9 21.50 11.25 19 276.2 22.00 11.51 20 282.5 22.50 11.77 21 288.8 23.00 12.03 22 295.1 23.50 12.30 23 301.4 24.00 12.56 24 307.7 24.50 12.82 25 314.0 25.00 13.08 26 320.3 25.50 13.35 27 326.6 26.00 13.61 28 332.9 26.50 13.87 29 339.2 27.00 14.13 30 345.5 27.50 14.40 Except, however, if the fire suppression hours should drop below 55.9 hours per week, vacation accrual shall be subject to meet and confer. Resolution No. 11108 30 8545198.1 OR020-072 APPENDIX "B" VACATION BENEFITS SCHEDULE2 Fire Battalion Chiefs who work a regular work week of 40 hours shall accrue vacation on the following basis: Years of Approx. Workdays Hours Per Workdays Service Per Month Month Per Year 1 0.917 7.333 11.00 2 0.938 7.500 11.25 3 1.042 8.334 12.50 4 1.146 9.167 13.75 5 1.250 10.000 15.00 6 1.292 10.334 15.50 7 1.333 10.667 16.00 8 1.375 11.000 16.50 9 1.417 11.334 17.00 10 1.458 11.667 17.50 11 1.500 12.000 18.00 12 1.542 12.334 18.50 13 1.583 12.667 19.00 14 1.625 13.000 19.50 15 1.667 13.334 20.00 16 1.708 13.667 20.50 17 1.750 14.000 21.00 18 1.792 14.334 21.50 19 1.833 14.667 22.00 20 1.875 15.000 22.50 21 1.917 15.334 23.00 22 1.958 15.667 23.50 23 2.000 16.000 24.00 24 2.042 16.334 24.50 25 2.083 16.667 25.00 26 2.125 17.000 25.50 27 2.167 17.334 26.00 28 2.208 17.667 26.50 29 2.250 18.000 27.00 30 2.292 18.334 27.50 Resolution No. 11108 31 8545198.1 OR020-072