Ordinance No. 11,194OR_DTNANCE NO. 11.194
AN ORDINANTTCE OF THE CITY COUNCIL OF TI -IE CITY OF BAYTOWN. "TEXAS,
AUTI-IORIZING THE SECOND AMENDt1ENT TO THE COLLECTIVE
BARGANTNTO AGREEMENT FOIZ OCTOBER 1- 2007 - SEPTEN,IBER 30. 2010,
BETWEEN TILE CUUY OF BAYTOWN_ TEXAS, AND TI-!E. INTERNATIONAL
ASSOCIA "PION OF FIREFIGHTERS LOCAL 1173- AND PROVIDING FOR Tt -IE
EFFECTIVE DATE THEREOF.
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WI- IEIZEAS, the International Association of Firelighters Loeal 1 173, in conformity with Article
XXXI "Reopener" of the Collective Bargaining Agreement for October 1- 2007 - September 30_ 2010
("Agreement --). invoked its privilege of reopening the Agreement for Article XX1II "Compensation- for
the purpose of ne-otiation of %vages for Year 3; and
%kll- IEREAS_ the Union and the City have agreed to amend certain terms and conditions of the
Agreement to the extent expressed in the Amendment upon the consideration therein stated_ NONNI,
TI IEREFORE
BE IT ORDAUNED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN_ TEXAS:
Section l: That the City Council of the City of Ba_ytowii hereby authorizes the Second
Amendment to the Collective Bargaining Agreement for October 1, 2007 - September 30, 2010_ between
the City of Bad -town, Texas, and the International Association of Firetighters Local l 173. A copy of said
amendment is attached hereto as Exhibit --A" and is incorporated herein for all intents and purposes.
Section 2: 'I'his ordinance shall take effect immediately from and after its passage by the
Cite- Council of the City of Bavtowrt_
INTRODUCED. READ, and PASSED by the affirmative vote of t
t. this the 24`h day of September- 2009.
o<�W TO fvN
Z
S w- P H
TIC1A GARZA_Anterim Oi v Clerk
APPROVED AS TO FORM:
NACIO RAtiIIREZ_ SR.. Cit ttornev
R ....— t2009'_Sept —ber 24'. �mcndment'Col3rcn� eE3 arga�n tngA grcennrnt. doc
City Collneil of the City of
DONCARI.OS. Mayor
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9
SECOND AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT
OCTOBER 1,2007—SEPTEMBER 30,2010
This Second Amendment to the Collective Bargaining Agreement for October 1, 2007 -
p W�eptember 30, 2010 ("Second Amendment") is signed and agreed upon this the�d`�' day of
2009, by and between the City of Baytown, Texas, a municipal corporation located in
` Harris and Chambers Counties Texas (the "City") and the International Association of
Firefighters Local 1173 (the"Union").
WITNESSETH
WHEREAS, the Union, in conformity with Article XXXI "Reopener" of the Collective
Bargaining Agreement for October 1, 2007— September 30, 2010 (the "Agreement"), invoked its
privilege to reopen the Agreement for Article XXIII "Compensation," Sections 1 and 2, for the
purpose of negotiating wages for Year 3; and
WHEREAS, the Union and the City in 2008 agreed to amend certain terms and
conditions of the Agreement to the extent expressed in the Amendment(the "Amendment"); and
WHEREAS, the Union and the City have agreed to amend certain terms and conditions
of the Agreement to the extent expressed in this Second Amendment upon the consideration
herein stated;
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, 2007 - September 30, 2010 as follows:
1. Amendments. Employees covered by the Agreement shall be paid compensation in
accordance with the chart in Appendix 2009, which is attached hereto and incorporated
herein for all intents and purposes (which is identical to Appendix 2008), unless the City
provides for an across-the-board raise for all employees not covered by the Collective
Bargaining Agreement for the 2009-2010 budget year. Should the City provide for such
an across-the-board raise, then employees covered by this Agreement shall receive an
across-the-board increase of the same percentage. Employees below the classification of
assistant chief will receive any such across-the-board increase as a part of their base
salaries, while employees in the classification of assistant chief will receive any such
across-the-board increase as a one-time classification pay, which shall not be considered
as part of the assistant chiefs' base salaries or any other amount to which assistant chiefs
may be entitled upon the expiration or earlier termination of this Agreement. If the City
does implement an across-the-board raise, employees covered by this Agreement will
receive their increases at the same time as other City of Baytown employees.
2. Essence. Time is expressly declared to be of the essence in regards to the
Agreement.
Second Amendment to the Collective Bargaining Agreement,Page 1
3. Jurisdiction. The Agreement and all amendments thereto, including this Second
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.
4. Validity. In case any one or more of the provisions contained in this Second
Amendment shall for any reason be held invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or enforceability shall not affect any other provision thereof
and this Agreement shall be construed as if such invalid, illegal or unenforceable
provision had never been contained herein.
5. Waiver. Failure of either party to this Second 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.
6. Ambiguity. In the event of any ambiguity in any of the terms of this Second
Amendment, it shall not 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 Second Amendment and the provisions of
the Agreement and Amendment should be read together and construed as one agreement,
provided that in the event of any conflict or inconsistency between the provisions of this
Second Amendment and the provisions of the Agreement and/or Amendment, the
provisions of this Second Amendment shall control.
8. Amendments. No amendment, modification, or alteration of the terms of this Second
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
Second Amendment and the person signing this Second Amendment on behalf of each
party has been properly authorized and empowered to enter into this Second Amendment.
The persons executing this Second Amendment hereby represent they have authorization
to sign on behalf of their representative corporations and/or business entities.
11. Preemption. To the extent that any provision of this Second 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
Second Amendment to the Collective Bargaining Agreement,Page 2
Agreement, this Second Amendment shall supersede such provisions, as authorized by
Chapter 174 of the Local Government Code.
12. Binding Effect. The parties acknowledge they have read, understand, and intend to
be bound by the terms and conditions of this Second Amendment.
13. Multiple Execution. It is understood and agreed this Second Amendment may be
executed in a number of identical counterparts, each of which shall be deemed an original
for all purposes.
IN WITNESS WH IZkQF, the undersigned City and the Union hereto execute this
Second Amendment on this •p\.of'iy „29.
CITY OF BAYTOWN BAYTOWN PROFESSIONAL
FIRE FIGHTERS
UNION,LOCAL 1173
N C.BRUMBACK, MARK MEDRANO,President
• Manager
A ST: A'TEST:
T IA G ,Inte ' ity Jerk Secretary
¶€ I)
1TOhr�"
Second Amendment to the Collective Bargaining Agreement,Page 3
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1
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4
Appendix 2009
for Agreement Year 2009
Fire Fighter Assistant
09 Chief
Annual 09
Yr Salary Annual
Tier Yrs Salary
1 43115 1 0 84698
2 44408 2 1 89780
3 45741
4 47113 3 2+ 94269
5 48526
6 49982
7 51482
8 _ 53026
9 54617
Equipment
Operator
09
Annual
Tier Yrs Salary
0-6
1 mos 56801
2 6 mos+ 60210
Lieutenant
09
Annual
Tier Yrs Salary
1 0 62618
2 1 65123
3 2+ 68379
Battalion
Chief
09
Annual
Tier Yrs Salary
1 0 71798
2 1 75388
3 2+ 79157
Appendix 2009, Page Solo