2012-157s:llegallour documentslordinances1121fire meet and confer ordinance 2012 ord.doc
ORDINANCE NO. 2012-157
AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING A FIRST
AMENDMENT TO THE MEET AND CONFER AGREEMENT BETWEEN THE CITY OF
DENTON AND THE DENTON FIRE FIGHTERS ASSOCIATION, IAFF LOCAL 1291; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") lawfully approved a Meet and Confer
Agreement ("Base Agreement") between the Ciry and the Denton Fire Fighters Association,
IAFF Local 1291 ("Association") on September 22, 2009; and
WHEREAS, said Base Agreement has the effective dates of October 1, 2009, through
September 30, 2012; 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 "First Amendment to Meet and Confer Agreement" to amend and extend the
Base Agreement for Fiscal Years 2012-2013 and 2013-2014 with the option to terminate the
Base Agreement by mutual agreement prior to commencement of Fiscal Year 2013-2014; and
WHEREAS, the City and the Association have mutually agreed in the First Amendment
to Meet and Confer Agreement to amend Article 9, Section 3 regarding compensation
calculations for Fire Fighter, Fire Driver, Fire Captain, and Fire Battalion Chief; and
WHEREAS, the City and the Association have mutually agreed in the First Amendment
to Meet and Confer Agreement to amend Article 9, Section 4 regarding funding obligations; and
WHEREAS, the City finds that is in the best interest of the citizenry to accept the First
Amendment to Meet and Confer Agreement; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The First Ameridment to the Meet and Confer Agreement is approved
hereby and the City Manager, or his designee, is hereby authorized to execute a First
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 First
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.
s:llegal\our documenislordinances\12\fire meet and confer ordinance 2012 ord.doc
PASSED AND APPROVED this the %� day of � , 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: �
FIRST AMENDMENT TO
MEET AND CONFER AGREEMENT
THIS FIRST AMENDMENT TO THE MEET AND CONFER AGREEMENT
BETWEEN THE CITY OF DENTON AND DENTON FIRE FIGHTERS ASSOCIATION,
IAFF Local 1291 effective the 1 st 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."
RECITALS
SECTION 1. 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;
SECTION 2. Whereas the Base Agreement will expire September 30, 2012, and the Parties
desire to extend the Base Agreement by amending Article 14 in the Base Agreement to provide
for an additional two (2) years for Fiscal Years 2012-2013 and 2013-2014 with the option to
terminate the Base Agreement by mutual agreement prior to the commencement of Fiscal Year
2413-2014;
SECTION 3. Whereas the Parties intend to update Article 9 as part of their Amendment;
SECTION 4. 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:
TERMS of AGREEMENT
SECTION 1. Amendment Continuing Contract.
Article 14 TERM OF AGREEMENT of the Base Agreement is hereby amended to read as
follows:
ARTICLE 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, 2014. The Parties hereby extend all the
remaining sections, paragraphs, sentences, clauses, and phrases of the Base Agreement
and sha11 remain in full force and effect except those more specifically amended below.
However, this Agreement may be reviewed by the Parties and may be terminated by
mutual agreement of the Parties as of September 30, 2013. If the Association or City
intends to exercise the option to terminate by mutual agreement, it must notify the other
Party in writing by May 31, 2013, of its request to terminate.
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 ranlcs 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
ranlc of the 12 comparator cities as specified in this contract, plus five percent (5%). The
recommendation will propose that the minimum and m�imum 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 m�imum 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
lawfi�lly available for those obligations, including tax revenues reasonably anticipated at
equal or higher total gross amounts as were collected in fiscal year 2011-2012, 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.
�
The foregoing instrument has been duly negotiated, reviewed and approved by each of the
signatories indicated below:
THE DENTON FIRE FIGHTERS ASS
(Ratified by the DFFA Membersh}� on,
:
:
�
ATION, IAFF Local 1291
of �� �./,� , 2012)
SOCIATION
SECRETARY, DENTON FIRE FIGHTERS ASSOCIATION
CITY OF DENTON, TEXAS �
(Approved by Denton City Council on �^ of 2012)
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BY: � - Dated: �� �-r � 7 / Z
GE RG C. CAMPBELL
CITY MANAGER
:
:
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ALTE S
ITY SE TARY
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ROSS CHADWICK
FIRE CHIEF
APPROVED AS TO LEGAL FORM:
BY: ��.
ITA BURGES
CITY ATTORNEY
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Dated: �'�� p�Q,a