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Ordinances No. 14,295ORDINANCE NO. 14,295 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE 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, Texas, hereby authorizes the First Amendment to the 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. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 121h day of December, 2019. B ANDON CAPETILL , M yor ATTEST: L' ,City Clerk ��►.��� ��h4 woo , CJQQ �o APPROVED AS T ORM: rNACIO RAMIREZ, SR. t Attorne Y C0BFS01.Legal Karen Files Council Ordinances\2019 December 12 FirstAmendment2CollectiveBargainingAgreement20l9.doc Exhibit "A" FIRST AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT OCTOBER 1, 2019 — SEPTEMBER 30, 2022 This First Amendment to the Collective Bargaining Agreement for October 1, 2019 - September 30, 2022 ("First Amendment") is signed and agreed upon this the _ day of November, 2019, 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 and the City desire to amend the Collective Bargaining Agreement for October 1, 2019 - September 30, 2022 (the "Agreement") in order to delay the TCFP Driver. Operator - Pumper Certification promotional eligibility requirement until July 1, 2020. WHEREAS, the provisions of this First Amendment shall pre-empt all provisions of Chapter 143 of the Texas Local Government Code as necessary in order to effectuate the amendment herein; 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, 2019 - September 30, 2022, as follows: 1. Recitals. The recitals contained hereinabove are true and incorporated as part of this First Amendment. 2. Amendment. Article 26 "Promotions," Section 4 "Eligibility for Promotion," Subsection B "Equipment Operator" of the Agreement is hereby amended to read as follows: ARTICLE 26. PROMOTIONS Section 4. Eligibility for Promotion. Employees shall be eligible to take a promotional examination if they meet the following criteria: B. Equipment Operator Three (3) years of continuous service in the rank of Firefighter with the Baytown Fire Department immediately preceding the date of the written exam. (Probationary periods will be included in the calculation of the three (3) year requirement.), and 2. (Effective July 1, 2020) TCFP Driver'Operator-Pumper Certification. First Amendment, Page 1 The Fire Chief shall offer the TCFP Driver/Operator-Pumper Certification class at least every other year. 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 First 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. Validity. In case any one or more of the provisions contained in this First 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 First Amendment shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 6. Ambiguity. In the event of any ambiguity in any of the terms of this First Amendment, it shall not be construed for or against any party hereto on the basis that such party did or did not author the same. 7. Sole Agreement. The provisions of this First Amendment and the provisions of 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 First Amendment and the provisions of the Agreement, the provisions of this First Amendment shall control. Amendments. No amendment, modification, or alteration of the terms of this First Amendment shall be binding unless the same be in writing, dated subsequent to the date hereof and duly executed by the parties hereto. 9. 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. 10. Authority. Each party has the full power and authority to enter into and perform this First Amendment, and the person signing this First Amendment on behalf of each party has been properly authorized and empowered to enter into this First Amendment. 11. Preemption. To the extent that any provision of this First 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 First Amendment shall supersede such provisions, as authorized by Chapter 174 of the Local Government Code. 12, BindingE. The parties acknowledge that they have read, understand, and intend to be bound by the terms and conditions of this First Amendment. 13. Multiple Execution. It is understood and agreed this First Amendment may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. First Amendment, Page 2 IN WITNESS Amendment on this the City Manager. CITY OF BAYTOWN WHEREOF, the undersigned City and the Union hereto execute this First day of November, 2019, the date on which this amendment is signed by the RICHARD L. DAVIS, City Manager ATTEST: LETICIA BRYSCH, City Clerk BAYTOWN PROFESSIONAL FIRE FIGHTERS UNION, LOCAL 1173 DALLAS WEBB, Press t ATTEST: QA�_ -ice a ,wj_ g^jK6u a Secretary COBFS01\Legal\Karen riles Contracts. Collective Barpinmg\20191FtrstAmendment.docx First Amendment, Page 3