HomeMy WebLinkAbout2014-257s:\legal\our documents\ordinances\14\fire meet and confer 3rd amendment.dOc
PROVIDINGAN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A THIR 'I
AMENDMENT TO THE MEET AND CONFER AGREEMENT BETWEEN THE CITY
DENTON AND THE DENTON FIRE FIGHTERS ASSOCIATION, IAFF LOCAL 1291; AN
D.
WHEREAS, the City of Denton ("City") lawfully approved a Meet and Confer
Agreement ("Base Agreement") between the City and the Denton Fire Fighters Association,
IAFF Local 1291 ("Association") on September 22, 2009; and
WHEREAS, under the terms of the Base Agreement, the Base Agreement may be
amended by mutual written amendment; and
WHEREAS, the City and the Association have mutually agreed in writing through a
document entitled "Third Amendment to Meet and Confer Agreement" to amend and extend the
Base Agreement for one additional Fiscal Year 2014-2015; and
WHEREAS, the City finds that is in the best interest of the citizenry to accept the Third
Amendment to Meet and Confer Agreement; NOW, THEREFORE,
SECTION 1. The Third Amendment to the Meet and Confer Agreement is approved
hereby and the City Manager, or his designee, is hereby authorized to execute a Third
Amendment to the Meet and Confer Agreement between the City and the Denton Fire Fighters
Association, IAFF Local 1291 in substantially the same form and content of the Third
Amendment to the agreement attached hereto and made a part of this ordinance for all purposes.
SECTION 2. This ordinance shall be effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 42014.
C, II t S Art ,MAYOR- _.
JENNIFER WALTERS, CITY l
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THIS THIRD AMENDMENT TO THE MEET AND CONFER AGREEMENT
BETWEEN THE CITY OF DENTON AND DENTON FIRE FIGHTERS ASSOCIATION,
IAFF Local 1291 effective the 1st day of October, 2009, ("Base Agreement") by and between
The Denton Fire Fighters Association, IAFF Local 1291 and the City of Denton, Texas, a Texas
Municipal Corporation, 215 East McKinney, Denton, Texas 76201, hereinafter referred to as
"City" and the "Association" and the City and the Association collectively referred to as the
"Parties."
Whereas the Parties entered a Meet and Confer Agreement effective October 1, 2009
referred to as the "Base Agreement" which continues in effect and continues to reflect the intent
and desire of Parties;
Whereas the Base Agreement was set to expire September 30, 2012, but the Parties
Amended the Meet and Confer Agreement in their First Amendment effective August 7, 2012,
amending Article 14 and Article 9 which continues the Base Agreement in effect and continues
to reflect the intent and desire of the Parties;
Whereas the Parties subsequently entered a Second Amendment effective February 16,
2013 amending Article 2 which continues the Base Agreement and continues to reflect the intent
and desire of the Parties;
Whereas the First Amendment will expire September 30, 2014, and the Parties desire to
extend the Base Agreement and its amendments by amending Article 14 in the Base Agreement
to provide for an additional one (1) year for Fiscal Year 2014-2015;
Whereas Article 14 of the Base Agreement provides for extension by written mutual
agreement and Article 15, Section 1 of the Base Agreement provides for amendment, the Parties
mutually intend to amend and hereby mutually agree to amend the Base Agreement as follows;
Article 14 TERM OF AGREEMENT of the Base Agreement is hereby amended to read as
follows:
AlUIC'LL 14 TERM OF AGREEMENT
This Agreement shall have an effective date of October 1, 2009, and shall remain in full
force and effect through September 30, 2015. The Parties hereby extend all the
remaining sections, paragraphs, sentences, clauses, and phrases of the Base Agreement
and Second Amendment and shall remain in full force and effect except those more
specifically amended below.
SECTION 2. Amendment To Section 3(a) and Section 4 of Article 9 To Extend
Compensation Provisions.
ARTICLE 9 Section 3(a) and Section 4 of the Base Agreement are hereby amended to read as
follows:
Section 3 (a) Compensation for the ranks of Fire Fighter, Fire Driver, Fire Captain, and
Fire Battalion Chief shall be proposed on the basis of the following calculations:
The recommended base pay scale shall continue to be calculated by the salary survey
conducted each May, utilizing the average minimum and maximum base salary for each
rank of the 12 comparator cities as specified in this contract, plus five percent (5%). The
recommendation will propose that the minimum and maximum base pay for each rank,
will receive an increase (should an increase be required) to match the survey average plus
five percent (5%). The steps between the minimum and maximum steps will be
recalculated to maintain equal separation between any new minimum and maximum
steps.
Section 4. Funding Obligations
Depending upon the financial forecasts, the City may implement the compensation
recommendations in section 3 between the first pay period of the fiscal year and the first
pay period of April of each fiscal year. The City presently intends to continue this
Agreement each fiscal year through its term, to pay all payments due, and to fully and
promptly perform the obligations of the City under this Agreement.
All obligations of the City shall be paid only out of current revenues or any other funds
lawfully available for those obligations, including tax revenues reasonably anticipated at
equal or higher total gross amounts as were collected in fiscal year 2013-2014, and
appropriated for such purpose by the City Council, in compliance with the Texas
Constitution, Article XI, Sections 5 and 7.
Following the adoption of the annual budget that may establish a pay increase, should the
City Council find it fiscally necessary to reduce base pay for non -civil service City
employees, or implement other cost saving measures such as mandatory furloughs or a
reduction -in -force, the increase recommended under this Article may be reduced
accordingly.
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The foregoing instrument has been duly negotiated, reviewed and approved by each of the
signatories indicated below:
THE DENTON FIRE FIGHTERS ASSOCIATION, IAFF Local 1291
(Ratified by the DFFA Membership on
2014)
By:
PRESlt),)y NT, DENTON FIRE FIG'HTERS ASSOCIATION
By:
SEC;"1 ETARY, DENTON FIRE FIGHTERS ASSOCIATION
CITY OF DENTON, TEXAS
(Approved by Denton City Council on �-h d4-'of W(2014)
J
BY: Dated:
GEORGE'C. 6kM-PBELL'
CITY MANAGER
BY: Dated:
JI—F� IF '- ALTERS)INsI.ETARY
BY:
eO SSCiiA--DWICK--
ACTING FIRE CHIEF
F-11' 19 9 '10] LIV a bxlyy t6i 0•
BY:
A BUR61IS-St
CITY ATTORNEY
3