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2014-257s:\legal\our documen4s\ordinances\14\fire meet and confer 3rd amendmerit.dOC • ' �' ` • � � , �, � , �' �,' � � . . ... � . ► � � R � • � � • • • : ! � � . � �' � , • , � , � , � . • . �; . . �, � . � . WHEREAS, the City of Denton ("City") lawfully approved a Meet and Confer Agreement (66Base Agreement99) between the City and the Denton Fire Fighters Association, IAFF Local 1291 (66ASSOClatlOri") on September 22, 2009; and WHEREAS, under the terrns 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 66Third Amendment to Meet and Canfer Agreement99 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 ta 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 ta the agreement attached hereto and made a part of this ordinance for all purposes. SECTION 2. This ordinance shall be effective imrnediately upon its passage and approval. �,.. PASSED AND APPROVED this the ��`� � day of ��;;� �'�'�� _,� �, 2014. ��' ��, �� , ,� c � �� r r �, � � �c�R— w. �. . . �� 1. ��. � �.. . l� �� R� . $J � � B 1 . � . � ��. . -,. . . a ,�_w_____. s:Uegal\our documents\ordinances\14\fire meet and confer 3rd amendment.dOC . ��r;� �, . � . �� , � � , � BY: _ ��_ �� ' � v� --�--� ' 1 � 1 � � , � # . , . THIS THIRD 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 Octaber, 2009, (66Base Agreement99) by and between The Denton Fire Fighters Association, IAFF Local 1291 and the City of Denton, Texas, a Texas Municipal Carporation, 215 East McKinney, Denton, Texas 76201, hereinafter referred to as 66City99 and the 66ASSOC1at10ri" and the City and the Association collectively referred to as the 66g a".}le^J,99 A1 �� Whereas the Parties entered a Meet and Confer Agreement effective October 1, 2009 referred to as the 66Base Agreement99 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 cantinues 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 cantinues 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 ane (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 pravides for amendment, the Parties mutually intend ta 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: �1i:'I°IC'LL; 14 TERM OF �1C�ltL��I{N'�' This Agreement shall have an effective date af 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 Ci�ty 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. 2 The foregoing instrument has been duly negotiated, reviewed and approved by each of the signatories indicated below: THE DENTON FIRE FIGHTERS ASSOC'lr"LTION, IAFF Local 1291 (Ratified by the DFFA Mc;rzzl��•�i�i�a �� ; ��l' �,F,,�' s� f,�%� ,�``- , 2014) � � �,.� � r �t ��' �f �`� �, ' � '� ,., � r ? $ "� ,-� �' � I �" a � ��'..1. Y� . � .. -� �w. .� � . �a _� �'F�I;��Y s��:i�� l', DE� �"�� FIR.E FI�'�� l'�11�� ASSOCIATION By: � ��C;"�Lri"AR`�, 1�ENTON FIRE FIGHTERS ASSUC;IA"1'lUN CITY OF DENTON, TEXAS (Approved by Denton City Council on ��"�� " ;��'�� s��tl 14} � �' � f y .'`'p� �'� �' � _„�� R,, � � � ,° . BY: �;�� .�, ..� . ,�..�..�.._ Dated: ,� L ;� � �,� � _ _� ��,�::.__ GF`�� ". CAMPBELL CITY MANAGER � BY: � � `��.� � � Dated: �_ � . — � _� �1�. i�l�^C�, °� ��AL�` �� ' 5��,� GTARY EY: �.�� a CHADWICK � ACTING FIRE CHIEF :��'• � � • � •� BY: �� "��,,,� ��y� � �T'1�'A �L�T��a[��,� CITY ATTORNEY 3