Ordinance No. 11,722 ORDINANCE NO. 11,722
AN ORDINANCE OFTHE CITY COUNCIL OFTIII CITY OF BAY OwIN,
TEXAS, AUTHORIZING Till", FIRST AMENDMENT TO 1TIF FIRE
coU.,EcTjVE BARGAINING AGRI:,.EMI.,1,'NT BET' E'EN THE CITY 01"
BAYTOWN, TEXAS, AND INTERNATjONAL, ASSOCIATION 01--,
FIREFIGi,iTERS LOCAI, 1173,; AND PROVIDING FOR THE El"H"ICTIVE
DATETHERE01".
BE IT ORDAFNED 13Y THE CITY COUNCIL OF THE CH-Y OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown hereby authorizes the 1"'irst
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 hcrcin for all intents and purposcs.
Section 2. This ordinance shall take effect Unmediately from and after its passage by
the City Council cif`the City of Baytown.
INTRODUCED, UAD and PASSID by the atfirmative to of the City Council of the
City of Baytown this the 8'11 (lay of September, 2011.
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APPROVED AS ICE FORM:
416N'ACI0 RAMIREZ, SR. ity Attorney
1,Sepicombo I
FIRST AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT
OCTOBER 1. 2010 — SEPTEMBER 30.2014
This First Amendment to the Collective Bargaining Agreement for October 2010 -
September 30, 2014 ( "First Amendment ") is signed and agreed upon this the day of
September, 2011, 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 31 "Reopener" of the Collective
Bargaining Agreement for October 1, 2010 — September 30, 2014 (the "Agreement "), invoked its
privilege to reopen the Agreement for Article 23 "Compensation," Sections 1 and 2, for the
purpose of negotiating wages for Year 2; and
WHEREAS, due to constraints in the 2011 -12 municipal budget, the City is unable to
provide across -the -board pay raises, for the same would be a recurring expenditure and could
exceed recurring revenues; and
WHEREAS, the City has determined that it may be feasible to include in the Fiscal Year
2011 -12 municipal budget, as a one -time expenditure, a bonus payment(s), which may be
implemented for one or more quarters throughout the year; and
WHEREAS, the Union desires to amend the Agreement in order for the employees
covered by the Agreement to be eligible for the bonus payment contemplated herein and to
preempt any and all provisions of Chapter 143 or any other applicable statute, executive order,
local ordinance or rule which would preclude such employees from receiving the same; and
WHEREAS, the Union and the City have agreed to amend certain terms and conditions
of the Agreement to the extent expressed in this First 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, 2010 - September 30, 2014 as follows:
Amendment. Article 23 "Compensation" of the Agreement is hereby amended to add a
new section to be numbered and entitled Section 2.5 "Bonus Pay," which section shall
automatically expire on October 31, 2012, and shall read as follows:
Section 2.5. Bonus Pay.
The City may establish an across -the -board quarterly bonus pay for certain non-
civil service employees effective October 1, 2011, for one or more quarters during the
City's 2011 -12 fiscal year ( "FY 2011 -12 "). Such bonus pay plan, if adopted, may be
First Amendment to the Collective Bargaining Agreement, Page I
terminated at any time in the sole discretion of the City through its City Council.
Accordingly, the bonus payments contemplated herein are not guaranteed; however,
should the City pay a quarterly bonus to its non -civil service employees, the City
likewise shall pay a quarterly bonus to the Employees according to the following:
a. Any bonus payment will be paid after the end of the applicable calendar
quarter on or before the date specified hereinbelow for each quarter:
uarter
Payment Date
Q 1
January 31, 2012
Q2
April 30, 2012
Q3
July 31, 2012
Q4
October 31, 2012
b. Bonus amounts will be based upon each Employee's gross pay for the
preceding three -month period. The term "gross pay" as used herein shall
mean that compensation actually paid by the City to the Employee for
services as a fire fighter, including any base salary, seniority pay,
educational incentive pay, assignment pay, certification pay, differential
pay, and overtime. Any accrual payments (vacation, sick, ICMA catch up,
holiday, or compensatory time) for termination or retirement are not
considered in the definition of "gross pay."
C. Employees who are eligible for the bonus must be employed on the last
day of the last pay cycle ending in the quarter. Such quarters shall be as
follows:
Q 1. September 26, 2011 through December 18, 2011
Q2. December 19, 2011 through March 25, 2012
Q3. March 26, 2012 through June 17, 2012
Q4. June 18, 2012 through September 23, 2012
( "Quarter ")
d. Except as otherwise provided herein, an Employee's bonus payment shall
be calculated using the same percentage as authorized by the City Council
for non -civil service employees, if any, based upon the following formula,
as applicable:
1. If the Employee receives no step increase during the City's Fiscal
Year 2011 -12, then the bonus payment shall be calculated as
follows:
Bonus
Gross Pay for Percentage
the Preceding X Given to Non -
Quarter Civil Service
Employees
First Amendment to the Collective Bar a ining Agreement, Page 2
2. If the Employee receives a step increase during the City's Fiscal
Year 2011 -12, then the bonus payment commencing in the quarter
in which the step increase is received shall be calculated as follows
for the duration of the fiscal year:
Gross Pay for Bonus Percentage Step Increase
the Preceding X Given to Non- - Percentage given
Quarter Civil Service to the Employee
Employees
If the above - referenced formula yields a negative number, the Employee
will not be entitled to receive any bonus payment.
e. All bonus payments will be subject to FICA, TMRS and other withholding
taxes as a regular check.
f. Employees and the Union understand and agree that any bonus payments
provided for in this Agreement are only for FY2011 -12 and 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 Goverment Code.
g. To the extent that any provision of this Article conflicts with or changes
Chapter 143 of the Texas Local Government Code or any other applicable
statute, executive order, local ordinance or rule, this Agreement shall
supersede such provisions, as authorized by Chapter 174 of the Texas
Local Goverment Code.
2. Essence. Time is expressly declared to be of the essence in regards to the
Agreement.
3. 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.
4. Validitv. 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 enforceability 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.
5. Waiver. Failure of either party to this First 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
First Amendment to the Collective Bargaining Agreement, Page 3
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 First 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 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.
8. 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. The
persons executing this First 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 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 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.
First Amendment to the Collective Bargaining Agreement, Page 4
IN WITNESS WH$[i$OF, the undersigned City and the Union hereto execute this Second
Amendment on this I j•.• of September, 2011.
CITY OF BAYTOWN BAYTOWN PROFESSIONAL
FIRE FIGHTERS
UNION, LOCAL 1173
'f" "" ' ,
MARK MEDRANO, President
ATTEST:
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First Amendment to the Collective Bargaining Agreement, Page 5