Loading...
Ordinance No. 12,623ORDINANCE NO. 12,623 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE SIXTH AMENDMENT TO THE FIRE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BAYTOWN, TEXAS, AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1173; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown hereby authorizes the Sixth Amendment to the Fire Collective Bargaining Agreement between the City of Baytown, Texas, and the International Association of Firefighters Local 1173. A copy of said amendment is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. n INTRODUCED, READ and PASSED by the affirmaX vote of the City Council of the City of Baytown this the 28`h day of August, 2014. H. DONCARLOS, Mayor ATTEST: ........ ?r LETICIA BRYSCH, I T APPROVED AS TO FORM: ACIO RAMIREZ, SR., i Attorney R:.KarenTilestCity CounciROrdinances\20MAugust 28% CollectiveBargainingSixthAmendment .doc Exhibit "A" SIXTH AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT OCTOBER 1, 2010 — SEPTEMBER 30, 2016 This Sixth Amendment to the Collective Bargaining Agreement for October 1, 2010 - September 30, 2016 ( "Sixth Amendment') is signed and agreed upon this the _ day of August, 2014, by and between the City of Baytown, Texas, a municipal corporation located in Harris and Chambers Counties, Texas (the "City" or the "Employer ") and the International Association of Firefighters Local 1173 (the "Union'). WITNESSETH WHEREAS, the Union, in conformity with Article 31 " Reopener" of the Collective Bargaining Agreement for October 1, 2010 — September 30, 2016 (the "Agreement'), invoked its privilege to reopen the Agreement for Article 9 "Overtime," as well as Article "Compensation," Sections 1 and 2, for the purpose of negotiating wages for Year 5; and WHEREAS, based upon such reopener, the Union and the City have agreed to amend certain terms and conditions of the Agreement only to the extent expressed in this Sixth Amendment; and WHEREAS, the Union and the City have mutually agreed to reopen the Agreement for the following articles: 1. Article 9 "Overtime "; 2. Article 16 "Holidays "; 3. Article 30 "Duration'; 4. Article 32 "Fire /EMS Merger," a. Section 5 "Medics," i. Subsection (f) "Fire Certification," Subsection (3) "Obtained," Subsection 3; ii. Section 5 "Medics," Subsection (g) "Promotions" Subsection (1) "Transition Period" Subsection a "Non -Fire Paramedic Supervisor "; iii. Subsection (g) "Promotions" Subsection (2) "During and After the Transition Period" Subsection b "Promotion of Certain Certified Medics in the Battalion Chief Classification'; and iv. Subsection (h) "Demotions" Subsection (2) "Assistant Chief'; and b. Section 6 "Compensation'; and 5. Article 33 "Hiring Process," Section 2 "Post -Hire Retention Requirements," Subsection (a); and WHEREAS, the parties understand and agree that certain provisions of the civil service law must be pre - empted in order to accomplish such purposes; and WHEREAS, the provisions of this Sixth Amendment shall pre -empt all provisions of Chapter 143 of the Texas Local Government Code as necessary in order to effectuate the amendments herein; Sixth Amendment, Page 1 NOW THEREFORE, in consideration of the mutual covenants, agreements and benefits to both parties, the City and the Union agree to amend the Collective Bargaining Agreement for October 1, 2010 - September 30, 2016, as follows: 1. Recitals. The recitals contained hereinabove are true and incorporated as part of this Sixth Amendment. 2. Amendments. a. Article 9 "Overtime," Section 4 "Call ins" of the Agreement is hereby amended to read as follows: ARTICLE 9 OVERTIME Section 4. Call ins When staffing falls below minimum levels, as determined exclusively by the Fire Chief and/or his/her designee, and employees are required to be on duty or in cases of fire and/or medical emergencies, the Fire Chief or his/her designee may call in off -duty employees to work in accordance with this section or Section 7. Firefighters will be called back in numerical order from the first position on an overtime list to the last position on such list from the rank creating overtime starting with the off -going shift. If no one in the appropriate rank on the off -going shift accepts the call back to duty, persons from the list of the appropriate rank from the shift on duty prior to the off -going shift shall be contacted in numerical order from the first person on the list to the last person on the list. If no one in the appropriate rank on that shift accepts the call back to duty, persons from the list of the appropriate rank from the shift on duty but not working shall be contacted in numerical order from the first person on the list to the last person on the list. If no one accepts overtime from the previous list, the person on duty may be required to work overtime. Held over employees forced to work shall be compensated, either in the form of pay or compensatory time, as determined by the employee. The Overtime compensated monetarily shall be calculated at a rate of one and one -half times the employee's regular rate of pay times each hour of Overtime Worked. Overtime compensated as compensatory time shall be calculated at the rate of one and one -half hours for each hour of Overtime Worked. Employees regularly scheduled to work, or employees who accept extra hours voluntarily, shall not be paid overtime, unless otherwise entitled to it. Once an employee has been called back to duty, or has refused overtime, he /she shall be placed in the last numerical position on the overtime list; provided that if an employee, who is called back to duty, works less than 12 hours, he /she retains his /her place on the list. Personnel scheduled to be on duty and/or approved leave will not lose their place on the overtime rotation list. The City may call an employee in from another classification only after attempting to contact all eligible employees on the lists in the classification creating overtime. When employees are called in from another classification, the same method used in this section shall be used to distribute the overtime evenly. Sixth Amendment, Page 2 b. Article 16 "Holidays" of the Agreement is hereby amended to read as follows: ARTICLE 16 HOLIDAYS Employees covered by this Agreement shall be afforded the holidays in accordance with and as specified in the City of Baytown's Personnel Policy Manual. C. Article 23 "Compensation," Section 1 "Base Compensation" of the Agreement is hereby amended to read as follows: ARTICLE 23 COMPENSATION Section 1. Base Compensation. Effective January 1, 2015, Employees covered by this Agreement shall be paid base compensation in accordance with the chart in Appendix Years 5 — 6 for year 5 (January 1, 2015 to December 31, 2015) and Year 6 (January 1, 2016 to December 31, 2016), which is attached hereto and incorporated herein for all intents and purposes. Year 6 (January 1, 2016 to December 31, 2016) shall be subject to an automatic adjustment without any reopener if the following threshold is met: City's Audited Total General Fund $68,492,836, which is 105% of $65,231,273 Revenue for the period of May 1, 2014, through September 30, 2014 ($65,231,273 is equal to the following. plus City's Audited Total General Fund Revenue City's Unaudited Total General Fund > for the period of May 1, 2013 through Revenues Actually Received during September 30, 2013, Plus the period October 1, 2014, through City's Unaudited Total General Fund Revenues April 30, 2015 Actually Received during the period of October 1, 2013 through April 30, 2014) As used in herein the term "Unaudited Total General Fund Revenue Actually Received" means all general fund revenues received, without adjustment but excluding bond and loan proceeds, and shall be determined and certified by the City's Director of Finance. The determination of the City's Director of Finance shall be final and binding on the parties hereto. If the above - referenced threshold is met, then the contract will be reopened only upon the express agreement of both parties. If the above - referenced threshold is not met, the Agreement shall be reopened automatically solely for the purposes of determining base compensation, which shall be determined as follows: (1) The parties shall form a joint committee for the purpose of surveying and collecting data relating to the salaries of firefighters. The committee shall be composed of no more than four (4) members. (2) The Association shall select no more than two (2) members, and the City shall select no more than two (2) members who shall all act and serve as the sole and exclusive members of the committee. (3) The committee shall survey and collect annual salary data for firefighters from Civil Service cities in Texas from compensation paid to Baytown firefighters with the compensation paid to firefighters of other civil Sixth Amendment, Page 3 service cities in Texas, having a population from 80,000 to 300,000 within any of the following Metropolitan Statistical Areas: a. Austin — Round Rock — San Marcos Metropolitan Statistical Area, consisting of the following: 1) Bastrop County, Texas, 2) Caldwell County, Texas, 3) Hays County, Texas, 4) Travis County, Texas, and 5) Williamson County, Texas; b. Dallas — Fort Worth — Arlington Metropolitan Statistical Area, consisting of the following: 1) Collin County, Texas, 2) Dallas County, Texas, 3) Delta County, Texas, 4) Denton County, Texas 5) Ellis County, Texas, 6) Hunt County, Texas, 7) Kaufman County, Texas, 8) Rockwall County, Texas, 9) Johnson County, Texas, 10) Parker County, Texas, 11) Tarrant County, Texas, and 12) Wise County, Texas; and C. Houston — Sugar Land — Baytown Metropolitan Statistical Area, consisting of the following: 1) Austin County, Texas, 2) Brazoria County, Texas, 3) Chambers County, Texas, 4) Fort Bend County, Texas, 5) Galveston County, Texas, 6) Harris County, Texas, 7) Liberty County, Texas, 8) Montgomery County, Texas, 9) San Jacinto County, Texas, and 10) Waller County, Texas. (4) The salary data collected shall be analyzed utilizing the annual salaries of firefighters and collected on or before June 1 of that contract year and aged to January 1 of the applicable year, as needed. (5) The members of the committee shall not make any final decisions in relationship to salary of employees. The data shall be provided to both collective bargaining teams for use in the determination of salary of employees for Year 6 (January 1, 2016 through December 31, 2016). (6) Negotiations will commence once the committee has provided the collected data to both bargaining teams. If the Contract is automatically reopened due to the failure of the revenues to meet the threshold, it is expressly understood and agreed that until a new agreement concerning the base compensation is reached, the base compensation for Year 6 shall be in accordance with the column in the chart in Appendix Years 5 — 6 entitled "2016 Annual Salary If Threshold Not Reached." Sixth Amendment, Page 4 Article 23 "Compensation," Section 2 "Certificate Pay," Subsection B " Hazmat Certification' of the Agreement is hereby amended to read as follows: ARTICLE 23 COMPENSATION Section 2. Certificate Pay B. Hazmat Certification. (Payment contingent upon continued operation of the Regional Hazmat vehicle): Except as provided in subsection B.2 of this section, a firefighter, who is certified by the state as a Hazmat Technician and is required by the Fire Chief, in his sole discretion, to maintain such certification, shall receive $50 certificate pay on a monthly basis. A fire fighter who is certified by the state as a Hazmat Technician but not assigned to a Hazmat Fire Station, as designated in writing by the Fire Chief, may make a written request, whether via e-mail or otherwise, to the Fire Chief to relinquish his /her Hazmat certification pay. If such request is granted, the Fire Chief shall not assign such person to the Hazmat/Tech Team and the fire fighter shall no longer be entitled to receive Hazmat certification pay. Even if a fire fighter is no longer entitled to receive certification pay hereunder, such person may keep his certification with the state and obtain the required continued educational (CE) hours therefor at his own expense or at the expense of the City with the prior written approval of the Fire Chief. e. Article 23 "Compensation," Section 2.5 "Assignment Pay" of the Agreement is hereby amended to read as follows: ARTICLE 23 COMPENSATION Section 2.5. Assignment Pav A. Hazmat Assignment Pay. (Payment contingent upon initiation and continued operation of the grant funded Regional Hazmat vehicle): A firefighter, who is certified by the state as a Hazmat Technician and regularly assigned to a Hazmat Fire Station as designated by the Fire Chief in writing to staff a Hazmat truck, shall receive $75 assignment pay on a monthly basis. For purposes of the this section, a firefighter will be considered regularly assigned to a Hazmat Fire Station if the person is required by the Fire Chief to work at such station as indicated on the Baytown Fire Department Staffing Roster. Sixth Amendment, Page 5 B. Paramedic Assignment Pay. Effective the first full pay period in October 2013, (1) Certified Medics and Firefighter Paramedics who are regularly assigned to staff an ambulance will receive assignment pay of $400.00 per month; and (2) Certified Medics and Firefighter Paramedics who are temporarily assigned to staff an ambulance will receive assignment pay of $40.00 per 24 -hour shift. For purposes of this section a Certified Medic or Firefighter Paramedic will be considered regularly assigned to staff an ambulance if the person is required by the Fire Chief to staff an ambulance as indicated on the Baytown Fire Department Staffing Roster; and if otherwise assigned, the person will be considered to be temporarily assigned to staff an ambulance; provided, however, that a firefighter who is not regularly assigned to staff an ambulance will not be considered temporarily assigned to staff an ambulance if such person is required to drive an ambulance from a scene of a call to a hospital. It is expressly understood and agreed that no Firefighter Paramedic will be entitled to assignment pay under this subsection until such person has successfully completed the Fire Department's paramedic credentialing process as determined by the Fire Chief. C. EMT -I Assignment Pay. Effective the first full pay period in October 2013, (1) EMT -I's who are regularly assigned to staff an ambulance will receive assignment pay of $200.00 per month; and (2) EMT -I's who are temporarily assigned to staff an ambulance will receive assignment pay of $20.00 per 24 -hour shift. For purposes of this section, EMT -I shall mean a person who is employed by the City as a firefighter of any classification and has obtained and maintains his firefighter certification from TCFP and his emergency medical technician - intermediate certification from TDSHS. Additionally, for purposes of this section, EMT -I will be considered regularly assigned to staff an ambulance if the person is required by the Fire Chief to staff an ambulance as indicated on the Baytown Fire Department Staffing Roster; and if otherwise assigned, the person will be considered to be temporarily assigned to staff an ambulance; provided, however, that a firefighter who is not regularly assigned to staff an ambulance will not be considered temporarily assigned to staff an ambulance if such person is required to drive an ambulance from a scene of a call to a hospital. D. EMT -B Assignment Pay. Effective the first full pay period in October 2013, 1. EMT -B's who are regularly assigned to staff an ambulance will receive assignment pay of $100.00 per month; and 2. EMT -B's who are temporarily assigned to staff an ambulance will receive assignment pay of $10.00 per 24 -hour shift. Sixth Amendment, Page 6 For purposes of this section, EMT -B shall mean a person who is employed by the City as a firefighter of any classification and has obtained and maintains his firefighter certification from TCFP and his emergency medical technician - basic certification from TDSHS. Additionally, for purposes of this section, EMT -B will be considered regularly assigned to staff an ambulance if the person is required by the Fire Chief to staff an ambulance as indicated on the Baytown Fire Department Staffing Roster; and if otherwise assigned the person will be considered to be temporarily assigned to staff an ambulance; provided, however, that a firefighter who is not regularly assigned to staff an ambulance will not be considered temporarily assigned to staff an ambulance if such person is required to drive an ambulance from a scene of a call to a hospital. E. EMT -P FTO Assignment Pay. Effective the first full pay period in October 2014, a Certified Medic or Firefighter Paramedic who has successfully completed the credentialing process as determined by the Fire Chief and who is assigned to the role of Paramedic Field Training Officer by the Fire Chief will receive assignment pay of $50.00 per month for each month in which an EMT -P is assigned to him or her by the Fire Chief for training purposes. The determination of the number of Paramedic Field Training Officers serving at any one time shall be made in the sole discretion of the Fire Chief. f. Article 30 "Duration of the Agreement is hereby amended to read as follows: ARTICLE 30 DURATION This Agreement shall be effective from October 1, 2010, and will expire at midnight on September 30, 2016. g. Article 32 "Fire/EMS Merger," Section 5 "Medics," Subsection (f) "Fire Certification" Subsection (3) "Obtained" Subsection b of the Agreement shall be amended to read as follows: ARTICLE 32 FIRE /EMS MERGER Section 5. Medics. (f) Fire Certification. (3) Obtained. b. If a Medic in the classification Non -Fire Paramedic Supervisor obtains his fire fighter certification, a new position in the classification Lieutenant shall be created and such person's position in the classification of Non -Fire Paramedic Supervisor shall be abolished. Sixth Amendment, Page 7 Those Medics, who were in the classification Non -Fire Paramedic Supervisor on January 7, 2013, who obtained his/her fire fighter certification prior to October 1, 2014, and held a position in the classification of Battalion Chief prior to October 1, 2014, shall, effective October 1, 2014: 1. hold a position in the classification of Lieutenant; 2. be entitled to count the time period in which such person served as a Battalion Chief as time in rank as a Lieutenant for purposes of determining the appropriate tier in the salary schedule in Appendix Years 5 -6; 3. be paid the same base salary as such person made on the day prior to October 1, 2014, but shall not be entitled to an increase in base salary until the annual base salaries of those in the classification Lieutenant, who have not been reclassified in accordance with this subsection b, equal or exceed the base salary of the reclassified persons, at which time all persons in the classification of Lieutenant with equal years of service in such classification shall be paid the same; 4. be entitled to receive the same percentage increase in the form of quarterly payments as others in the classification of Lieutenant, who have not been reclassified in accordance with this subsection b, receive in the form of base salary. The quarterly payments shall be made as follows: Quarter Ql Quarter Period I January I" —March 3151 Payment Date Aril 30 Q2 Aril I" —June 30 July 31 Q3 Jul I" —September 30 October 31 Q4 October l 5` — December 3151 January 31 All quarterly payments will be subject to FICA, TMRS and other withholding taxes as a regular check. Employees and the Union understand and agree that any quarterly payments provided for in this subsection are only for the period in which the base salary of those in the classification of Lieutenant, who have not been reclassified in accordance with this subsection b is less than the base salary of the Lieutenants, who have been reclassified in accordance with this subsection b. The quarterly payments shall not be construed to be a part of base salary or any other pay identified by state or federal law, including, but not limited to, Chapters 141, 142 and 143 of the Texas Local Government Code; and Sixth Amendment, Page 8 5. have no right of appeal to the Civil Service Commission, a third party hearing examiner or any court regarding any matter arising out of or resulting from the reclassification as provided for in this subsection b, as the parties understand and agree that the reclassification is neither a demotion nor any form of discipline. h. Article 32 "Fire/EMS Merger," Section 5 "Medics," Subsection (g) "Promotions" Subsection (1) "Transition Period" Subsection a "Non -Fire Paramedic Supervisor" of the Agreement shall be amended to read as follow: ARTICLE 32 FIRE /EMS MERGER Section 5. Medics. (g) Promotions. (1) Transition Period. Medics will not be eligible for promotion except during the Transition Period during which such persons may be promoted only to those classifications referenced in subsection (b) of this section. a. Non -Fire Paramedic Supervisor. During the transition period, promotions due to a vacancy in the classification of Non -Fire Paramedic Supervisor shall be either by appointment of the Fire Chief or as a result of an open competitive exam, as determined by the Chief in his sole discretion. If the promotion is based upon a competitive promotional exam, eligibility for promotion shall be in accordance with Sections 10.01 through 10.03 of the Firefighters' & Police Officers' Civil Service Rules and Regulations. 1. If a Lieutenant is appointed or an Equipment Operator, meeting the eligibility requirements for promotion to Lieutenant as specified in Sections 10.01 through 10.03 of the Firefighters' & Police Officers' Civil Service Rules and Regulations, is promoted based upon a competitive promotional exam, the position in the classification Non -Fire Paramedic Supervisor shall be abolished and a new position in the classification of Lieutenant shall be created to which such person shall be assigned or promoted. 2. If a Certified Medic is promoted, the position in the classification Non -Fire Paramedic Supervisor shall be abolished and a new position in the classification of Lieutenant shall be created to which such person shall promote. Sixth Amendment, Page 9 3. If a Medic who is not a Certified Medic is promoted to Non -Fire Paramedic Supervisor, the position in the classification Non -Fire Paramedic shall be abolished. i. Article 32 "Fire/EMS Merger," Section 5 "Medics," Subsection (g) "Promotions" Subsection (2) "During and After the Transition Period" Subsection b "Promotion of Certain Certified Medics in the Battalion Chief Classification" of the Agreement shall be renamed "Promotion of Certain Certified Medics in the Lieutenant Classification," and be amended to read as follows: ARTICLE 32 FIRE /EMS MERGER Section 5. Medics. (g) Promotions. (2) During and After the Transition Period. Certified Medics, with the exception of those persons who never held a position in the classification of fire fighter within the Department during the Transition Period, will be eligible for promotion during the Transition Period and any time thereafter; provided the applicable time in rank provisions herein and/or in Chapter 143 have been satisfied. b. Promotion of Certain Certified Medics in the Lieutenant Classification. Certified Medics, who attained a position in the classification of Lieutenant during the Transition Period pursuant to Section 5(f)(3)b, are not eligible for promotion by competitive exam and may only be appointed at the sole discretion of the Fire Chief to a position in the classification of Assistant Chief created pursuant to Section 5(f)(3)c or Section 5(g)(1)b. j. Article 32 "Fire/EMS Merger," Section 5 "Medics," Subsection (h) "Demotions" Subsection (2) "Assistant Chief' of the Agreement is amended to read as follows: ARTICLE 32 FIRE /EMS MERGER Section 5. Medics. (h) Demotions. (2) Assistant Chief. If the EMS Coordinator becomes certified as a fire fighter in accordance with Section (5)(f)(3)(c) of this section, he shall serve at the pleasure of the Fire Chief and may be demoted without cause to the classification of Lieutenant within the Medical Division of the Fire Department. Sixth Amendment, Page 10 k. Article 32 "Fire/EMS Merger," Section 6 "Compensation," Subsection (b) of the Agreement is amended to read as follows: ARTICLE 32 FIRE /EMS MERGER Section 6. Compensation. From and after the Effective Date, Medics covered by the Agreement shall be paid base compensation in accordance with Article 23, Section 1 of the Agreement; provided however, (b) Except as provided in subsection (c), Certified Medics shall be paid the greater of the following: their same rate as they received on the day prior to the Effective Date or 2. the base compensation specified in Appendix Years 5 - 6 of the Agreement at the tier that corresponds to their time in service as a City of Baytown EMS Paramedic, Senior Paramedic, or Paramedic Supervisor of the equivalent classification based upon the following chart: Classification of Non-Certified Classification of Certified Medics Medics in the Fire Department Non -Fire Paramedic Fire Fi hter Senior Paramedic Fire Fighter Non -Fire Paramedic Supervisor Lieutenant Article 33 "Hiring Process," Section 2 "Post Hire Retention Requirements," Subsection (a) of the Agreement is hereby amended to read as follows: Article 33 Hiring Process Section 2. Post -Hire Retention Requirements. (a) An employee appointed to a position in the Fire Department on or after August 9, 2013, who holds a certification described in Sections 1(a), 1(b), or 1(d) but who lacks EMT -P certification, must enroll in paramedic school within one year of the date of his appointment and achieve certification by the State of Texas as an EMT -P within two years of the date of his enrollment in paramedic school to remain employed. The Fire Chief may, in his discretion for good cause shown, extend the time periods established in this subsection. Sixth Amendment, Page I I 3. Essence. Time is expressly declared to be of the essence in regards to the Agreement. 4. Jurisdiction. The Agreement and all amendments thereto, including this Sixth Amendment, shall be construed under and in accordance with the laws of the State of Texas, and all obligations created by the Agreement and all amendments thereto shall be performable in Harris County, Texas. 5. Validity. In case any one or more of the provisions contained in this Sixth Amendment shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Sixth Amendment shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 6. Waiver. Failure of either party to this Sixth Amendment to insist on the strict performance of any of the provisions herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce, by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. 7. Ambiguity. In the event of any ambiguity in any of the terms of this Sixth Amendment, it shall not construed for or against any party hereto on the basis that such party did or did not author the same. 8. Sole Apreement. The provisions of this Sixth Amendment and the provisions of the Fifth Amendment, the Fourth Amendment, the Third Amendment, the Second Amendment, the First Amendment and the Agreement should be read together and construed as one agreement, provided that in the event of any conflict or inconsistency between the provisions of this Sixth Amendment and the provisions of the Fifth Amendment, the Fourth Amendment, the Third Amendment, the Second Amendment, First Amendment and/or the Agreement, the provisions of this Sixth Amendment shall control. 9. Amendments. No amendment, modification, or alteration of the terms of this Sixth Amendment shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto. 10. Headings. The headings as to contents or particular articles or sections herein are inserted only for convenience. They are in no way to be construed as a part of or limitation on the scope of the particular section or sections to which they refer. 11. Authorijy. Each party has the full power and authority to enter into and perform this Sixth Amendment and the person signing this Sixth Amendment on behalf of each party has been properly authorized and empowered to enter into this Sixth Amendment. The persons executing this Sixth Amendment hereby represent they have authorization to sign on behalf of their representative corporations and/or business entities. 12. Preemption. To the extent that any provision of this Sixth Amendment conflicts with or changes Chapter 143 of the Texas Local Government Code or any other applicable statute, executive order, local ordinance or rule, or earlier versions or amendments of the Agreement, this Sixth Amendment shall supersede such provisions, as authorized by Chapter 174 of the Local Government Code. Sixth Amendment, Page 12 13. Evergreen. The amendments to Article 32 "Fire/EMS Merger" contained in this Sixth Amendment shall survive after the expiration or termination of the Agreement and shall not thereafter be subject to repeal, amendment or modification unless agreed to by the parties. 14. Binding Effect. The parties acknowledge they have read, understand, and intend to be bound by the terms and conditions of this Sixth Amendment. 15. Multiple Execution. It is understood and agreed this Sixth Amendment may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 16. Effective. Notwithstanding anything contrary contained herein, the effective date of each of the amendments contained herein is as follows: Subsection of Section 2 "Amendments" of Amendment 6 Effective Date a October 1, 2014 b October 1, 2014 c First Full Pay Period in January 2015 d First Full Pay Period in October 2014 e First Full Pay Period in October 2014 f October 1, 2014 October 1, 2014 h October 1, 2014 i October 1, 2014 October 1, 2014 k October 1, 2014 1 October 1, 2014 IN WITNESS WHEREOF, the undersigned City and the Union hereto execute this Sixth Amendment on this the _ day of August, 2014. CITY OF BAYTOWN ROBERT D. LEIPER, City Manager ATTEST: LETICIA BRYSCH, City Clerk \ \cobfs0l \legal' +Karen \Files \Contracts \Collective Bargaining \2014 \6thAmendment.doc Sixth Amendment, Page 13 BAYTOWN PROFESSIONAL FIRE FIGHTERS UNION, LOCAL 1173 MARK MEDRANO, President ATTEST: , Secretary Appendix Years 5 -- 6 Annual salary does not include longevity or seniority pay and nothing in the annual salary column shall move with the employee when he/she steps up pursuimt to 143.038(b) Appendix Years 5 -- 6, Page Solo