Ordinance No. 12,023ORDINANCE NO, 12,023
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE SECOND 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 l: That the City Council of the City of Baytown hereby authorizes the
Second 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.
INTRODUCED, READ and PASSED by the affirmative ote of the City Council of the
City of Baytown this the I P day of September, 2012.
APPROVED AS TO FORM:
r_
H.
R Wnrmn lnles�Cily Cauncil Ord in m,us`301]lSCpem4r 13 ColltttiwBmpininySewndnmendmenR012 dm
SECOND AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT
OCTOBER 1 2010 — SEPTEMBER 30.2014
This Second Amendment to the Collective Bargaining Agreement for October 1, 2010 -
September 30, 2014 (`Second Amendment") is signed and agreed upon this the day of
September, 2012, 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 (tile "Union" ).
WITNESSETI I
WHEREAS, the Uniom . in conformity Nth 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 3, 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 .Second
Amendment;
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. In Year 3 (January 1, 2013, to December 31, 2013) and in Year 4
(January 1, 2014, to December 31, 2014) of the Agreement, employees covered . by the
Agreement shall be paid base compensation in accordance with the amounts specified in
Appendix Years I - 4 for Years 3 and 4, respectively, which appendixis - attached hereto
and incorporated herein for all intents and purposes. ']'his .Amendment is being made
based upon the Union's wage reopener and no further compensation adjustment for
Year 3 of the Agreement is authorized.
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 Second
Amendment, shall be construed under and in accordance with the laws of the State of
Texas, and all obligations created by tile Agreement and all amendmentsthcicto 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 unenforceability shall not affect any other provision thereof
and this Second Amendment shall be construed as if such inv=alid, illegal or
unenforceable provision had never been contained Herein.
Second Amendment to the Collective Bargaining A�emeni Page 1
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.
b. 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 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 Second Amendment and the provisions of the First Amendment and/or
the Agreement, 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. Authorily. 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
Agreement, this Second Amendment shall supersede such provisions, as authorized by
Chapter 174 of the Local Government Code.
12. Binding Effect. ffect. 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.
Second Amendment to the Collective Bargaining Agreement, Page 2
IN WITNESS WHEREOF, the undersigned City and the Union hereto execute this Second
Amendmentonthis_l 'oTSeptember,2012.
CITY OF BAYTOWN BAYTOWN PROFESSIONAL
FIRE FIGHTERS
UNION, LOCAL, 1173
12O ' L4
2MR FIE,
24 r "! 'I'TI t-,
MARK MEDRANO, President
A'i °TEST:
R K'm'N: "CO t i ("k'tn2f3 "...... .1 N0I Ntaining4Payi s'IAoo
Second Amendment to the Collective areain_nn,_Azieemen, Palle3
Secretary
APPENDIX YEARS 14
After completion of probationary period, Fire Fighter will move to Tier 1.
Thereafter, Fire Fighter will move to next tier on their anniversary of completion of probation.
Fighter Fire
Yr Year 1 Year 2
Year 3
Year 4
1
$ 43,980
$
43,980
$
45,739
$
45,739
2
$ 45,296
$
45,296
$
47,108
$
47,108
3
$ 46,658
$
46,658
$
48,524
$
48,524
4
$ 48,054
$
48,054
$
49,977
$
49,977
5
$ 49,497
$
49,497
$
51,477
$
51,477
6
$ 50,985
$
50,985
$
53,024
$
53,024
7
$ 52.513_1___
$
52,513
$
54,613
$
54,613
8
$ 54,0891
$
54,089
$
56,253
$
56,253
9
Equipment
Operator
Tier
$ 55,708
Yrs
$
Year 1
55,708 $
Year 2
57,937
Year 3
$
57,937
Year 4
1
0-6 mos
$ 57,939
$ 57,939
$ 60,256
$
60,256
2
Lieutenant
Tier
6 mos+
Yrs
$ 61,416
Year 1
$ 61,416
Year 2
$ 63,872
Year 3
1
63,872
Year 4
1
0
$ 63,871
$ 63,871
$ 66,426
$
66,426
2
1
$ 66,426
$ 66,426
$ 69,083
$
69,083
3 ::J�2+
Battalion Chief
Tier
Yrs
$ 69,748
Year 1
$ 69,748
Year 2
$ 72,538
Year 3
$
72,538
Year 4
1
0
$ 73,236
$ 73,236
$ 76,165
$
76,165
2
1
$ 76,895
$ 76,895
$ 79,971
$
79,971
3
Assistant Chief
Tier
2+
Yrs
$ 80,742
Year 1
$ 80,742
Year 2
$ 83,972
Year 3
$
83,972
Year 4
1
0
$ 84,698
$ 84,698
$ 84,698'
$
84,698
2
1
$ 89,780
$ 89,780
$ 89,780'
$
89,780
3 2+ $ 94,269 $ 94,269 1 $ 94,269' $ 94,269
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 pursuant to 143.038(b).
'For Agreement Year 3 of this Agreement (January 1, 2013 - December 31, 2013), Assistant Chiefs shall
receive, in addition to the base compensation specified in the above - referenced chart, quarterly payments
Appendix Years 14. Page 1
equal to four percent (4 %) of the base compensation paid during the applicable quarter. Such quarterly
payments shall be paid as follows:
Quarter
Quarter Period
Payment Date
Q1
January 1, 2013 — March 31, 2013
April 30, 2013
Q2
April 1, 2013 — June 30, 2013
July 31, 2013
03
July 1, 2013 — September 30, 2013
October 31, 2013
Q4
October 1, 2013 — December 31, 2013
January 31, 2014
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
agreement are only for Year 3 of this Agreement (January 1, 2013 — December 31, 2013) 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 Government Code.
Appendix Years 1-4. Paae 2