HomeMy WebLinkAbout02-19-2019 Item 9 - Fire Personnel Emergency Services Medical Evaluations Department Name: Fire
Cost Center: 8504
For Agenda of: February 19, 2019
Placement: Consent
Estimated Time: N/A
FROM: Keith Aggson, Interim Fire Chief
Prepared By: James Blattler, Administrative Analyst
SUBJECT: FIRE PERSONNEL EMERGENCY SERVICES MEDICAL EVALUATIONS
RECOMMENDATION
1. Approve a sole source five-year agreement with Med-Stop Medical Clinic, Inc. (Med-Stop)
authorizing Med-Stop to provide medical examinations to emergency fire personnel.
2. Authorize the Mayor to execute the agreement.
DISCUSSION
Due to the physical nature of the job, fire fighters (fire chief, deputy fire chief, battalion chiefs,
fire captains, fire engineers, firefighters) require annual physical exams to assess their health and
fitness levels to ensure they are fit for the arduous nature of their work. The fire department has
contracted with Med-Stop to conduct these physical exams since FY 2009-10 and the current
five-year agreement (Attachment A) is set to expire on February 18, 2019.
Med-Stop has been an ideal medical provider for the fire department . They have consistently met
the unique scheduling needs for fire personnel, are currently the worker’s compensation medical
provider for the entire City, have a geographic location that allows for limited response delays
fro m fire personnel when immediate response is needed and provide the same service to over
70% of the County’s fire agencies. For these reasons, along with the lack of a comparable cost-
effective provider, the City’s Finance department approved sole sourcing (Attachment B) a new
agreement with Med-Stop (Attachment C).
Staff recommends renewing the expiring contract with a new five-year agreement. The lengthy
term is recommended to avoid staff time required to negotiate new agreement terms and the
long-standing relationship has allowed Med-Stop to demonstrate its ability to deliver a quality
service.
Previous Council Action
In fiscal year 2013-14 Council approved the expiring five-year sole-source agreement with Med-
Stop to provide medical exams.
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Policy Context
Annual physical medical exams accomplish “Article 37 – Health and Fitness” in the current
Memorandum of Agreement (MOA) (Attachment D) between the City of San Luis Obispo and
The International Association of Firefighters (IAFF) Local 3523, which states that “The City, the
Department and the Union… shall continue to, work cooperatively to encourage and develop an
appropriate program to enhance physical fitness and to establish required physical standards to
be met by all employees.”
Additionally, t he National Fire Protection Association (NFPA), which sets standards for the Fire
Service in the United States, recommends through NFPA 1582 that fire departments “outline an
occupational medical program that will reduce risks and provide for the health, s afety, and
effectiveness of fire fighters operating to protect civilian life and property.”
Public Engagement
Annual medical examinations for emergency response personnel are a negotiated part of the
City’s MOA with the Fire Union and a best practice for all fire personnel. Because this is not a
community project or service, this agreement does not warrant any additional public engagement
efforts.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2018-19
Funding Identified: Yes
Fiscal Analysis:
Funding Sources Current FY Cost
Annualized
On-going Cost 1
Total Project
Cost 2
General Fund $24,893 $26,432 $132,160
State $0 $0 $0
Federal $0 $0 $0
Fees $0 $0 $0
Other: $0 $0 $0
Total $24,893 $26,432 $132,160
1 Annualized costs will vary based on consumer price index increases and the required exam
level of each firefighter, which changes based on age.
2 Total project cost is the estimated cost for the full five-year term of the agreement.
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The Fire Department has a budget appropriation of $28,500 for this service in FY 2018-19 and
no additional funding is required. Since the department is seeking approval for a five-year term,
the cost will be included in subsequent financial plan budget requests.
ALTERNATIVE
The Council could choose to seek an alternative occupational medical program for the Fire
Department. This alternative is not recommended by staff as alternatives would likely exceed the
costs of the current program and would involve significant staff time as the change would likely
invoke meet and confer requirements with the IAFF Local 3523 .
Attachments:
a - Medical Exam Agreement 2014-19_signed
b - Sole Source Justification_MedStop
c - Medical Exam Agreement 2019-2024, placeholder pending Med-Stop signature
d - Council Reading File - IAFF 3523 Memorandum of Agreement
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CITY OF SAN LUIS OBISPO
AGREEMENT FOR MEDICAL PROVIDER SERVICES
THIS AGREEMENT, is made and effective as of '2 {II? } lo J ~' ("Effective Date ")
between the City of San Luis Obispo Fire Department ("City") and Med-Stops Medical
Clinic , Inc ., a professional corporation ("Medical Provider").
RECITALS
WHEREAS, the City has the obligation to verify that its public safety employees
employed by the City Fire Department ("Public Safety Employees ") meet the physical
standards necessary to perform the responsibilities as required by their jobs; and
WHEREAS, the Medical Provider is a professional corporation employing duly
licensed physicians , physician assistants , nurse practitioners and other personnel who have
the expertise to perform medical evaluations to determine whether the Public Safety
Employees meet the physical standards necessary to perform their responsibilities as
required by their jobs ("Medical Evaluations"); and
WHEREAS , the City desires to engage the services of the Medical Provider as an
independent contractor to provide such Medical Evaluations, to interpret the results from
such medical evaluations , and to provide medical advice based on the results ofthose
medical evaluations ; and
Therefore , in consideration of the mutual covenants and conditions set forth herein ,
the parties agree as follows:
1. TERM
This Agreement shall commence on the effective date and shall remain and continue
in effect for five years .
2 . SERVICES TO BE RENDERED BY MEDICAL PROVIDER
(a) Medical Provider shall provide Medical Evaluations as requested by the City.
Medical Evaluations include any of the physical examinations , individual diagnostic studies
or immunizations listed on Exhibit A , attached hereto, and incorporated by reference .
Attached as Exhibit B is Medical Provider 's estimate of Medical Evaluations that Medical
Provider will provide based on information provided by the City about its current Public
Safety Employees.
(b) Within five (5) business days of the Medical Evaluation being completed ,
Medical Provider shall either provide a Clearance for Duty Certificate or notify the City that
a Clearance for Duty Certificate will not be provided , whichever is applicable in the
professional judgment of the Medical Provider. A Medical Evaluation deemed completed
the date that the Medical Provider examines the City's Fire Department public safety
employee or the date that all results from diagnostic studies are received by the Medical
Provider , whichever date is later.
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(c) ~ubject to federal and state privacy laws , Medical Provider shall take all steps
necessary to facilitate the transfer of the medical records of the Public Safety Employees
from any other medical provider identified by the City as having Public Safety Employees '
medical records to Medical Provider.
3. CITY'S OBLIGATIONS
(a) The City shall provide an Employee Medical Questionnaire ("EMQ ") to each
City employee requiring a medical evaluation and shall deliver the EMQ completed by the
City employee in a sealed envelope at least five (5) business days before the scheduled
Medical Evaluation .
(b) The City shall provide a City emplo yee 's job description to the Medical
Provider when requested by the Medical Provider.
4. PERFORMANCE STANDARDS
Services rendered under this Agreement by the Medical Provider shall be provided
by duly licensed, certified or otherwise authorized , and accredited personnel who shall
provide such services consistent with the scope of their license , certification or accreditation
and in accordance with generally accepted medical and surgical practices and standards
prevailing in the applicable professional community and all applicable requirements of
federal , state and local law.
5 . LIC ENS E S
Medical Provider acknowledges that all of its directors , officers , employees or agents
("Medical Provider 's Employees") that will participate in delivering a Medical Evaluation ,
interpreting a Medical Evaluation or rendering medical advice based on a Medical
Evaluation shall be licensed as required by the laws of the State of California and shall be in
good standing with both the Federal Government of the United States of America and the
State of California. Furthermore , Medical Provider 's Employees shall remain fully licensed
to practice medicine in compliance with the applicable law during the term of this
Agreement
6 . CITY MANAGE MENT
City 's Fire Chief shall represent City in all matters pertaining to the administration of
this Agreement, review and approval of all services rendered by Medical Provider, but not
including the authority to enlarge the scope of services rendered or to change the payment
due to Medical Provider .
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7. PAYMENT
(a) The City agrees to pay Medical Provider monthly , in accordance with the
payment rates and terms and the schedule of payment as set forth in Exhibit A, attached
hereto and incorporated herein by this reference as though set forth in full, based upon actual
services rendered. Medical Provider may adjust the payment rates annually effective
January 1, 2015 and annually thereafter in proportion to the change in the Los Angeles-
Riverside-Orange County Consumer Pr ice Index . However, in no event shall the annual
increase exceed three percent (3%). The indexes shall be for All Urban Consumers as
published by the Bureau of Labor Statistics.
(b) Medical Provider shall not be compensated for any services rendered in
connection with its performance of this Agreement which are in addition to those set forth in
Exhibit A or Exhibit B, unless such additional services are authorized in advance and in
writing by the City Manager. Medical Provider shall be compensated for any additional
services in the amounts and in the manner as agreed to by City Manager and Medical
Provider at the time City's written authorization is given to Medical Provider for the
performance of said services. The City Manager may approve additional work not to exceed
ten percent (10%) of the amount of the Agreement, but in no event shall such sum exceed
ten-thousand dollars ($1 0,000 .00). Any additional work in excess of this amount shall be
approved by the City Council.
(c) Medical Provider will submit invoices monthly for actual services performed.
In vo ices shall be submitted on or about the first business day of each month , or as soon
thereafter as practical , for services pro vided in the previous month . Payment shall be made
within thirty (30) da ys of receipt of each invoice as to all non-disputed fees. If the City
disputes any of Medical Provider 's fees , it shall give written notice to Medical Provider
within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE
(a) The City may at any time , for any reason , with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Medical Provider at
least one (1) da y prior written notice. Upon receipt of said notice , the Medical Prov ider
shall immediately cease all work under this Agreement, unless the notice provides
otherwise . If the City suspends or terminates a portion of this Agreement such suspension or
termination shall not make void or invalidate the remainder of this Agreement.
(b) Medical Provider may at any time , for any reason , with or without cause ,
suspend or terminate this Agreement, or any portion hereof, by serving upon the City at least
sixty days (60) day prior written notice.
(c) In the event this Agreement is terminated pursuant to this Section , the City
shall pay to Medical Provider the actual value of the work performed up to the time
termination , provided that the work performed is of value to the City . U pon termination of
the Agreement pursuant to this Section , the Medical Provider will submit an invoice to the
City pursuant to Section 7 .
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9. INDEMNIFICATION
(a) Indemnification for Professional Liability. When the law establishes a
professional standard of care for Medical Provider 's Services, to the fullest extent permitted
by law, Medical Provider shall indemnify, protect, defend and hold harmless City and any
and all of its officials, employees and agents ("Indemnified Parties") from and against any
and all losses , liabilities , damages , cost s and expenses , including attorney 's fees and costs to
the extent same are caused in whole or in part by any negligent or wrongful act , error or
omission of Medical Provider, its officers, agents , employees or sub-contractors (or any
entity or individual that Medical Provider shall bear the legal liability thereof) in the
performance of services rendered unde r this Agreement.
(b) Indemnification for Other Than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Medical
Provider shall indemnify , defend and hold harmless City, and any and all of its employees,
officials and agents from and against any liability (including liability for claims, suits ,
actions , arbitration proceedings , administrative proceedings, regulatory proceedings, losses ,
expense or costs of any kind , whether actual , alleged or threatened , including attorneys fees
and costs, court costs , interest, defense costs , and expert witness fees), where the same arise
out of, are of a consequence of, or are in any way attributable to, in whole or in part, the
performance of this Agreement by Medical Provider or by any individual or entity for which
Medical Provider is legally liable, including but not limited to officers , agents , employees or
sub-contractors of Medical Provider.
(c) General Indemnification Provisions . Medical Provider agrees to obtain
executed indemn ity agreements with provisions identical to those set forth here in this
section from each and every sub-contractors or any other person or entity involved by , for ,
with or on behalf of Medical Provider in the performance of this agreement. In the event
Medical Provider fails to obtain such indemnity obligations from others as required here,
Medical Provider agrees to be fully responsible according to the terms of this section.
Failure of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any r ights hereunder.
(d) This obligation to indemnify and defend City as set forth here is binding on
the successors , assigns or heirs of Medical Provider and shall survive the termination of this
agreement of this section .
10. INSURANCE
Medical Provider shall maintain prior to the beginning of and for the duration of this
Agreement adequate professional liability insurance coverage as required by law, and
Medical Provider further agrees that during the term hereof he shall maintain a policy of
malpractice insurance in the minimum amount of one (1) million per occurrence with an
aggregate amount of three (3) million. Medical Provider shall , upon execution of this
Agreement, provide City with proof of insurance . Such insurance during the term hereof
shall not be changed or terminated without at least thirty (30) days notice in writing to the
City.
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11. INDEPENDENT MEDICAL PROVIDER
(a) Medical Provider is and shall at all times remain as to the City a wholly
independent Medical Provider. The personnel performing the services under this Agreement
on behalf of Medical Provider shall at all times be under Medical Provider's exclusive
direction and control. Neither City nor any of its officers, employees , or agents shall have
control over the conduct of Medical Provider or any of Medical Provider's officers,
employees, or agents , except as set forth in this Agreement. Medical Provider shall not at
any time or in any manner represent that it or any of its officers , employees , or agents are in
any manner officers , employees , or agents of the City. Medical Provider shall not incur or
have the power to incur any debt, obligation , or liability whatever against City, or bind City
m any manner.
(b) No employee benefits shall be available to Medical Provider in connection
with the performance of this Agreement. Except for the fees paid to Medical Provider as
provided in the Agreement, City shall not pay salaries , wages , or other compensation to
Medical Provider for performing services hereunder for City. City shall not be liable for
compensation or indemnification to Medical Provider for injury or sickness arising out of
performing services hereunder.
12 . LEGAL RESPONSIBILITIES
The Medical Provider shall keep itself informed of State and Federal laws and
regulations which in any manner affect those employed by it or in any way affect the
performance of its service pursuant to this Agreement. The Medical Provider shall at all
times observe and comply with all such laws and regulations . The City, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Medical
Provider to comply with this Section .
13 . UNDUE INFLUENCE
Medical Provider declares and warrants that no undue influence or pressure is used
against or in concert with any officer or employee of the City in connection with the award,
terms or implementation of this Agreement , including any method of coercion, confidential
financial arrangement, or financial inducement. No officer or employee of the City will
receive compensation, directly or indirectly, from Medical Provider, or from any officer,
employee or agent of Medical Provide r , in connection with the award of this Agreement or
any work to be conducted as a result of this Agreement. Violation of this Section shall be a
material breach of this Agreement entitling the City to any and all remedies at law or in
equity.
14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member , officer, or employee of City , or their designees or agents , and no public
official who exercises authority over or responsibilities with respect to the services rendered
during his /her tenure or for one year thereafter , shall have any interest , direct or indirect, in
any agreement or sub-agreement, or the proceeds thereof, for work to be performed in
connection with the services rendered under this Agreement.
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15 . RECORDS
(a) All information gained by Medical Provider in performance of this
Agreement shall be considered confidential and shall not be released by Medical Provider
without City's prior written authorization . Medical Provider, its officers , emplo yees, agents ,
or sub-contractors, shall not without written authorization from the City Manager or unless
requested by the City Attorney, voluntarily provide declarations , letters of support,
testimony at depositions , response to interrogatories, or other information concerning the
work performed under this Agreement. Response to a subpoena or court order shall not be
considered "voluntary" provided Medical Provider gives City notice of such court order or
subpoena .
(b) Medical Provider shall promptly notify City should Medical Provider, its
officers , employees , agents , or sub -c ontractor be served with any summons, complaint,
subpoena, notice of deposition, request for documents , interrogatories, request for
admissions , or other discovery request , court order , or subpoena from any person or party
regarding this Agreement and the work performed thereunder. City retains the right, but has
no obligation, to represent Medical Provider and/or be present at any deposition, hearing, or
similar proceeding. Medical Provider agrees to cooperate fully with City and to provide the
opportunity to review any response to discovery requests provided by Medical Provider.
However, City 's right to review any such response does not imply or mean the right by City
to control , direct, or rewrite said response .
(c) The City hereby acknowledges that information obtained directly from the
City's employee during the course of a Medical Evaluation by Medical Provider is subject to
both federal and California state privacy laws.
(d) Medical Provider shall maintain all patient medical records relating to the
Medical Evaluations provided, in such form and containing such information as required by
federal , state and local law. Medical records shall be maintained in a current manner that is
legible , complete , organized, and shall permit effecti ve patient care and review by any third-
party medical provider. Subject to all applicable patient confidentiality laws , upon written
request, with at least five (5) business days to respond , Medical Provider shall provide to
City or its delegate , the City 's respective expenses , copies of the Public Safety Employees '
medical records for the purposes of conducting quality assurance and utilization review,
claims processing, verification and payment, resolving any grievances and appeals , and
other activities reasonably necessary for the proper administration of this Agreement
consistent with the law. Medical records shall be retained by Medical Provider for at least
five years following a medical evaluation and as required by law. This section survives
termination of the Agreement.
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16. NOTICES
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii) delivery
by a reputable document delivery service , such as but not limited to , Federal Express , which
provides a receipt showing date and time of delivery , or (iii) mailing in the United States
Mail, certified mail , postage prepaid, return receipt requested , addressed to the address of the
party as set forth below or at any other address as that party may later designate by notice:
To City :
To Medical Provider :
17. ASSIGNMENT
City of San Luis Obispo
Attn: Fire Chief
2160 Santa Barbara Ave.
San Luis Obispo , California 93401
Med-Stops Medical Clinic , Inc.
Attn: Brian Roberts , M.D.
283 Madonna Rd., Suite B
San Luis Obispo, California 93405
The Medical Provider shall not assign the performance of this Agreement, nor any
part thereof, nor any monies due hereunder, without prio r written consent of the City.
Because of the personal nature of the services to be rendered pursuant to this Agreement ,
only Medical Provider shall perform the services described in this Agreement.
18. NO THIRD PARTY BENEFICIA RIES
This Agreement shall not confer or be construed to confer any rights or benefits to
any person or entity other than the Parties .
19 . GOVERNING LAW
The City and Medical Provider understand and agree that the laws of the State of
California shall govern the rights, obligations, duties , and liabilities of the parties to this
Agreement and also govern the interpretation of this Agreement. Any litigation concerning
this Agreement shall take place in the municipal , superior, or federal district court with
jurisdiction over the City.
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20 . ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings , representations , and statements , oral or written, are merged into
this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party 's own
independent investigation of any and all facts such party deems material. Any future
modification or amendment to this Agreement must be in writing. The illegality, invalidity
or unenforceability of any provision , or part any provision, of this Agreement shall not affect
any other provisions of this Agreement, which shall continue in full force and effect.
21 . SEVERABILITY
If any provision of this Agreement , in whole or in part, or the application of any
provision in whole or in part, is determined to be illegal , invalid or unenforceab le by a court
of competent jurisdiction, such provis io n , or part of such provision, shall be severed from
this Agreement.
22. AUTHORITY TO EXECUTE THIS AGREE MENT
The person or persons executing this Agreement on behalf of Medical Pro v ider
warrants and represents that he/she has the authority to execute this Agreement on behalf of
the Medical Provider and has the authority to bind Medical Provider to the performance of
its obligations hereunder.
IN WITNESS HEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF SAN LUIS OBISPO
By :~~ Jan ar , Mayor
8
MEDICAL PROVIDER
By :~
(Signature)
/.)ll..l~~ ttz,~~ ~?.:>
(Name)
It s: /J1.--E:.~tj)C~/ OWI'J E ~
(Title) 1
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MED O STOP
DEPARTMENT OF MEDICAL SERVICES HEALTH
AND WELLNESS PROTECTION PROGRAM
EXHIBIT A: SLO CITY FIRE PRICE LIST (Updated 1/1/2014)
Physical Examination Charge Notes
PHYSICAL-Doctor's complete phys ical exam with review of
LEVEL II EXAM $127 Employee Medical Questionna ire (EMQ ). If phys ical exam , history or
j ob descri pt ion reveals the need t o ind ividua l diagnostic stud ies ,
notification of those stud ies will be made and t he c ost w ill not exceed
the amount itemized listed below .
REVIEW OF EMQ $53 EMQ review cha rged only on yea rs wi t h no phys ic al e xam
DMV PHYSICAL $50 When c ompleted with a scheduled phys ical.
DMV PHYSICAL $100 When completed without a scheduled phys ical.
INDIVIDUAL DIAGNOSTIC STUDIES
CHEST X-RAY (2-VIEW) $95
CHEST X-RAY (1-VIEW) $74
PULMONARY FUNCTION ,
PULSE OX ON ROOM AIR $74
RESTING EKG $90
TREADMILL $264
AUDIOGRAM $53
TITMUS I V ISION ACUITY N/C Includes near , far , color and peripheral testing .
BLOOD DRAW $11
CBC $26
CMP $26
LIP ID PANEL $26
PSA $74
Lead Panel $47
URINE DIP $11
URINALYSIS W / MICRO $16 If indicated .
INSECTICIDE EXPOSURE
PANEL $26
TB SKIN TEST $21
2N° TB SKIN TEST $16 For new employees only .
QFT GOLD $ As per County charges
IMMUNIZATIONS-NFPA 1582 touches on immunizations with recommendations not requirements. Cal
OSHA however does have requirements . If you choose to pursue vaccinations I have included them below.
Hepatitis A (2 shot series) $136 $68 EACH
Hepatitis 8 (3 shot series) $252 $84 EACH
Hepatitis A/8 Titers $52 $26 EACH
Varicella Zoster titer $25
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EXHIBIT-B
SERVICE COST ESTIMATES FOR 2014
Firefighters under age 35
Level I Exam for this age group (Note: Level II Physical Exam done every 3 years)
EMQ Review= $53
Tb Skin Test= $21
EKG= $90
Spirometry = $74
CBC = $26
UA-Dip = $11
CMP = $26
Lipids= $26
Total $327
Level II Physical Exam Cycle = add $12 7
(Plus $127 for Level II Exam , plus $53 Audiogram , minus $53 for EMQ)
You have seven <35 y/o with Level I only services = $2 ,289
You have one <35 y/o with Level I and II services = $ 454
Age group sub-total in 2014 = $2,743
Firefighters age 35-45
Level I Exam fo r this age group (Note: Level II Physical Exam done every 2 years)
EMQ Review = $53
Tb Skin Test= $21
EKG= $90
Spirometry = $7 4
CBC = $26
UA-Dip = $11
CMP= $26
Lipids= $26
Total $327
Level II Physica l E xam Cycle = add $127
You have eleven 35-45 y/o with Level I only services = $3,597
You have twelve 35 -45 y/o with Level I and II services = $5,448
Age group sub-total in 2014 = $9,045
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Firefighters age 46-49
Level I and II examination done every year
Level II Exam = $127
Tb Skin Test = $21
Audiogram = $53
Spirometry= $74
CBC = $26
UA-Dip = $11
CMP= $26
Lipids= $26
EKG= $90
Total $454
You have seven 46-49 y /o with Level I and II services.
Age group sub-total in 2014 = $3,178
Firefighters age 50+
Level I, II and III examination done every year. (Level III Exam = Treadmi l l)
Level II Exam= $127
Tb Skin Test = $21
Audiogram= $53
Spirometry= $74
PSA = $80
CBC = $26
UA-Dip = $11
CMP = $26
Lipids= $26
Treadmill= $264
Total $708
You have four 50+ y/o with Level I, II and III services.
Age group sub-total in 2014 = $2,832
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HAZMAT Cost Additions:
SLO City Fire has 6 members on the SLO County HAZMAT Team. The enhanced
HAZMAT Evaluations require a yearly Treadmill Test ($264) regardless of age.
In addition , there is a Lead Exposure Panel ($4 7) and an Insecticide Exposure
Panel ($26). Together this adds $337 each; times 6 Firefighters = $2,022.
City Fire Estimated Total Cost in 2014:
F irefighters under age 35 = $2 ,743
Firefighters age 35-45 = $9 ,045
Firefighters age 46-49 = $3 ,1 78
Firefighters age 50+ = $2 ,832
HAZMAT associated = $2,022
Total Cost Estimate 2014 = $19,820
* Please note -your costs may be higher, if the initial ev aluations indicate a need
for further testing and referrals to help assure good health and clearance for duty.
* * Please note -a few Firefighters with histories of positive TB skin tests may
require a QFT-Gold test done at the County Public Health Lab. We do not control
this price. We "pass-through" our cost for this service , to the City . Currentl y that
charge is about $62. Given the cost sav ed from the Tb Skin Test the net increase
in cost to the City is about $40 per Firefighter so affected.
Sincerely,
Brian Roberts , MD
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City of San Luis Obispo Sole Source Justification Form
Med-Stop Medical Clinic, Inc.
It is the policy of the City of San Luis Obispo to solicit quotations or bids for purchases of commodities or
services for specified dollar amounts and to select vendors on a competitive basis (See City of San Luis
Obispo Financial Management Manual, Section 201, Exhibit 201-B).
Pursuant to San Luis Obispo Municipal Code Chapter 3.24.060, certain acquisitions in which the products
or services may only be obtained from a single source may be purchased without engaging in bidding
procedures. Such Sole Source acquisitions must be justified in sufficient detail to explain the basis for
suspending the usual competitive procurement process and approved by the approving authority before
such a purchase is made.
1. What product or service is being requested? Why is it necessary?
Physical Examination services provided to Emergency Response Personnel. Due to the physical nature
of the job, firefighters (Fire Chief, Deputy Fire Chief, Battalion Chiefs, Fire Captains, Fire Engineer,
Firefighters) require annual physical exams to assess their health and fitness levels to ensure they are
fit for the arduous nature of their work. Such assessments are required per the labor group’s
memorandum of agreement.
2. Is this “brand” of product or services offered the only one that meets the City’s requirements? If
yes, what is unique about the product/services?
The medical personnel at Med Stop have long provided evaluations for local fire agencies, including
the past ten years for the City of San Luis Obispo. This experience has given Med-Stop the unique
ability to effectively evaluate the emergency response personnel’s ability to perform on the job.
Additionally, the location of the services provided is uniquely beneficial as it is located in the heart of
the City with easy access to main thoroughfares and highways. This allows the Fire Department to
continue service availability with limited response delays should their immediate response be needed.
3. Is the product or service proprietary or is it available from various dealers? Have you verified this?
While a medical evaluation is not proprietary, Med-Stop’s experience evaluating fire personnel
provides a unique skill that other potential medical providers don’t offer. Currently, Med-Stop
provides the same services to Cal Fire/San Luis Obispo County Fire, Cambria Fire, Five Cities Fire
Authority, Morro Bay Fire, South Bay Fire, Templeton Fire and the San Luis Obispo County Regional
Haz-Mat Team. This list captures nearly every fire agency in San Luis Obispo County.
4. Have other products/vendors been considered? If yes, which products/vendors have been
considered and how did they fail to meet the City’s requirements?
Due to the details provided in questions 2 and 3 the Fire Department has not considered other
products/vendors that could provide an equivalent service. The other potential product available that
is utilized by the two remaining local fire departments is a concierge type of service that is costlier
and would require meet and confer obligations as the evaluation is significantly different than what
is provided by Med-Stop.
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City of San Luis Obispo Sole Source Justification Form
5. Is the purchase an upgrade or addition to an existing system or brand of products adopted citywide?
If so, will purchase of this product avoid other costs as opposed to purchasing another product or
service (e.g., additional training required; data conversion; implementation of a new system; etc.)?
Purchase would be a continuation of an expiring contract and would avoid any transitional costs that
would be associated with a new provider.
6. Is this a request for services by a contractor with necessary, unique and critical knowledge of
established City systems or programs? If so, will using the contractor’s services avoid other costs
(e.g.: significant staff time in compiling information, data transfers, etc.)?
Yes, Med-Stop has had an established relationship with the City of San Luis Obispo for ten years and
has a unique understanding of the examination and records needs for the Fire Department.
Additionally, Med-Stop is the workers compensation Medical Provider. Utilizing any other potential
Medical Provider would result in additional costs and likely scheduling delays due to the 5-years’
worth of medical records for each employee that would be needed to be transferred to the new
medical provider. Additionally, Med-Stop is currently the City’s Workers Compensation medical
provider and a one-stop shop for medical evaluations and potential workers compensation claims
allows for significant efficiencies and cost savings.
7. What is the quoted price for the product or services and is it reasonable (based on other products
or services in the same field or based on historical pricing for the City for similar products or
services)?
The cost estimate for 2019 is $24,893 which is in-line with the pricing extended over the past 10 years.
This is also within the department’s budgeted amount for FY 2018-19 without a need to increase
budget for FY 2019-20.
Approved:
Daniel Clancy /s/
Daniel Clancy
Purchasing Analyst
Date: 1/16/2019
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AGREEMENT
THIS AGREEMENT is made and entered into in the City of San Luis Obispo on ,
by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City,
and MED-STOP MEDICAL CLINIC, INC., hereinafter referred to as Contractor.
W I T N E S S E T H:
WHEREAS, the City has the obligation to verify that its public safety employees employed by the
City Fire Department (“Public Safety Employees”) meet the physical standards necessary to perform the
responsibilities as required by their jobs; and
WHEREAS, the Contractor is a professional corporation employing duly licensed physicians,
physician assistants, nurse practitioners and other personnel who have the expertise to perform medical
evaluations to determine whether the Public Safety Employees meet the physical standards necessary to
perform their responsibilities as required by their jobs (“Medical Evaluations”); and
WHEREAS, the City desires to engage the services of the Contractor as an independent contractor to
provide such Medical Evaluations, to interpret the results from such medical evaluations, and to provide
medical advice based on the results of those medical evaluations; and
NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants
hereinafter contained, the parties hereto agree as follows:
1. TERM. The term of this Agreement shall be from the date this Agreement is made and
entered, as first written above, and shall remain and continue in effect for five (5) years.
2. SERVICES TO BE RENDERED BY CONTRACTOR.
(a) Contractor shall provide Medical Evaluations as requested by the City. Medical
Evaluations include any of the physical examinations, individual diagnostic studies or immunizations listed
on Exhibit C, attached hereto, and incorporated by reference. Attached as Exhibit D is Contractor’s estimate
of Medical Evaluations that Contractor will provide based on information provided by the City about its
current Public Safety Employees.
(b) Within five (5) business days of the Medical Evaluation being completed, Contractor shall
either provide a Clearance for Duty Certificate or notify the City that a Clearance for Duty Certificate will not
be provided, whichever is applicable in the professional judgment of the Contractor. A Medical Evaluation
deemed completed the date that the Contractor examines the City’s Fire Department public safety employee
or the date that all results from diagnostic studies are received by the Contractor, whichever date is later. Packet Pg. 86
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(c) Subject to federal and state privacy laws, Contractor shall take all steps necessary to
facilitate the transfer of the medical records of the Public Safety Employees from any other Medical Provider
identified by the City as having Public Safety Employees’ medical records to Contractor.
3. CITY'S OBLIGATIONS.
(a) The City shall provide an Employee Medical Questionnaire (“EMQ”) to each City
employee requiring a medical evaluation and shall deliver the EMQ completed by the City employee in a
sealed envelope at least five (5) business days before the scheduled Medical Evaluation.
(b) The City shall provide a City employee’s job description to the Contractor when requested
by the Contractor.
4. PERFORMANCE STANDARDS. Services rendered under this Agreement by the
Contractor shall be provided by duly licensed, certified or otherwise authorized, and accredited personnel who
shall provide such services consistent with the scope of their license, certification or accreditation and in
accordance with generally accepted medical and surgical practices and standards prevailing in the applicable
professional community and all applicable requirements of federal, state and local law.
5. LICENSES. Contractor acknowledges that all of its directors, officers, employees or agents
(“Contractor’s Employees”) that will participate in delivering a Medical Evaluation, interpreting a Medical
Evaluation or rendering medical advice based on a Medical Evaluation shall be licensed as required by the
laws of the State of California and shall be in good standing with both the Federal Government of the United
States of America and the State of California. Furthermore, Contractor’s Employees shall remain fully
licensed to practice medicine in compliance with the applicable law during the term of this Agreement.
6. CITY MANGEMENT. City’s Fire Chief shall represent City in all matters pertaining to the
administration of this Agreement, review and approval of all services rendered by Contractor, but not
including the authority to enlarge the scope of services rendered or to change the payment due to Contractor.
7. PAYMENT.
(a) The City agrees to pay Contractor monthly, in accordance with the payment rates and
terms and the schedule of payment as set forth in Exhibit C, attached hereto and incorporated herein by this
reference as though set forth in full, based upon actual services rendered. Contractor may adjust the payment
rates annually effective January 1, 2020 and annually thereafter in proportion to the change in the Los Angeles-
Riverside-Orange County Consumer Price Index. However, in no event shall the annual increase exceed three
percent (3%). The indexes shall be for All Urban Consumers as published by the Bureau of Labor Statistics.
(b) Contractor shall not be compensated for any services rendered in connection with its
performance of this Agreement which are in addition to those set forth in Exhibit C or Exhibit D, unless such
additional services are authorized in advance and in writing by the City Manager. Contractor shall be Packet Pg. 87
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compensated for any additional services in the amounts and in the manner as agreed to by City Manager and
Contractor at the time City’s written authorization is given to Contractor for the performance of said services.
The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the
Agreement, but in no event shall such sum exceed t welve-thousand and five-hundred dollars ($12,500.00).
Any additional work in excess of this amount shall be approved by the City Council.
(c) Contractor will submit invoices monthly for actual services performed. Invoices shall be
submitted on or about the first business day of each month, or as soon thereafter as practical, for services
provided in the previous month. Payment shall be made within thirty (30) days of receipt of eac h invoice as
to all non-disputed fees. If the City disputes any of Contractor’s fees, it shall give written notice to Contractor
within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
8. RECORDS.
(a) All information gained by Contractor in performance of this Agreement shall be considered
confidential and shall not be released by Contractor without City’s prior written authorization. Contractor, its
officers, employees, agents, or sub-contractors, shall not without written authorization from the City Manager
or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at
depositions, response to interrogatories, or other information concerning the work perfo rmed under this
Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Contractor
gives City notice of such court order or subpoena.
(b) Contractor shall promptly notify City should Medical Provider, its officers, employees,
agents, or sub-contractor be served with any summons, complaint, subpoena, notice of deposition, request for
documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from
any person or party regarding this Agreement and the work performed thereunder. City retains the right, but
has no obligation, to represent Contractor and/or be present at any deposition, hearing, or similar proceeding.
Contractor agrees to cooperate fully with City and to provide the opportunity to review any response to
discovery requests provided by Contractor. However, City’s right to review any such response does not imply
or mean the right by City to control, direct, or rewrite said response.
(c) The City hereby acknowledges that information obtained directly from the City’s
employee during the course of a Medical Evaluation by Contractor is subject to both federal and California
state privacy laws.
(d) Contractor shall maintain all patient medical records relating to the Medical Evaluations
provided, in such form and containing such information as required by federal, state and local law. Medical
records shall be maintained in a current manner that is legible, complete, organized, and shall permit effective
patient care and review by any third-party medical provider. Subject to all applicable patient confidentiality
laws, upon written request, with at least five (5) business days to respond, Contractor shall provide to City or
its delegate, the City’s respective expenses, copies of the Public Safety Employees’ medical records for the
purposes of conducting quality assurance and utilization review, claims processing, verification and payment,
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of this Agreement consistent with the law. Medical records shall be retained by Contractor for at least five
years following a medical evaluation and as required by law. This section survives termination of the
Agreement.
9. AMENDMENTS. Any amendment, modification, or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the Council or City Manager of
the City.
10. COMPLETE AGREEMENT. This written Agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral
agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall
be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon
the parties hereto.
11. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage
prepaid by registered or certified mail addressed as follows:
City City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Contractor Med-Stop Medical Clinic, Inc.
Attn: Brian Roberts, M.D.
283 Madonna Rd., Suite B
San Luis Obispo, CA 93405
8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that
each individual executing this agreement on behalf of each party is a person duly authorized and empowered
to execute Agreements for such party.
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and
year first above written.
CITY OF SAN LUIS OBISPO
____________________________________
By: Heidi Harmon, Mayor
CONTRACTOR
____________________________________
By: Brian Roberts, MD
Its: President/Owner
ATTEST:
____________________________________
City Clerk
APPROVED AS TO FORM:
____________________________________
City Attorney
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Exhibit A
GENERAL TERMS AND CONDITIONS
REQUIREMENTS
1. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages
and amounts specified in Exhibit B within 10 (ten) calendar days as a precondition to contract
execution.
2. Business Tax. The Contractor must have a valid City of San Luis Obispo business tax certificate
before execution of the contract. Additional information regarding the City's business tax program
may be obtained by calling (805) 781-7134.
CONTRACT PERFORMANCE
3. Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts,
all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the
work hereunder in compliance with any and all federal, state, county, city, and special district laws,
ordinances, and regulations.
4. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and
comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances,
regulations and adopted codes during its performance of the work.
5. Payment of Taxes. The contract prices shall include full compensation for all taxes that the
Contractor is required to pay.
6. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and
fees, and give all notices necessary.
7. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety
established by OSHA and the California Division of Industrial Safety.
8. Public and Employee Safety. Whenever the Contractor's operations create a condition hazardous to
the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and
maintain such fences, temporary railings, barricades, lights, signs and other devices and take such
other protective measures as are necessary to prevent accidents or damage or injury to the public and
employees.
9. Preservation of City Property. The Contractor shall provide and install suitable safeguards,
approved by the City, to protect City property from injury or damage. If City property is injured or
damaged resulting from the Contractor's operations, it shall be replaced or restored at the Contractor's
expense. The facilities shall be replaced or restored to a condition as good as when the Contractor
began work.
10. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged
for the performance of this work that only persons authorized to work in the United States pursuant
to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in
the performance of the work hereunder.
11. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will
not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in
employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation,
or religion of such persons.
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12. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done
hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire,
earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due
to federal government restrictions arising out of defense or war programs, then the time of completion
may, at the City's sole option, be extended for such periods as may be agreed upon by the City and
the Contractor. In the event that there is insufficient time to grant such extensions prior to the
completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated
damages that may have accrued for failure to complete on time, due to any of the above, after hearing
evidence as to the reasons for such delay, and making a finding as to the causes of same.
13. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and
acceptance by the City of the materials, supplies, equipment or services provided by the Contractor
(Net 30).
14. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain
that the services of the Contractor are being performed in accordance with the requirements a nd
intentions of this contract. All work done and all materials furnished, if any, shall be subject to the
City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its
obligations to fulfill its contract requirements.
15. Audit. The City shall have the option of inspecting and/or auditing all records and other written
materials used by Contractor in preparing its invoices to City as a condition precedent to any payment
to Contractor.
16. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not
acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with
the performance of the work hereunder. The Contractor further covenants that, in the performance of
this work, no subcontractor or person having such an interest shall be employed. The Contractor
certifies that no one who has or will have any financial interest in performing this work is an officer
or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder,
the Contractor shall at all times be deemed an independent contractor and not an agent or employee
of the City.
17. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify, protect and
hold the City and its agents, officers and employees harmless from and against any and all claims
asserted or liability established for damages or injuries to any person or property, including injury
to the Contractor's employees, agents or officers that arise from or are connected with or are caused
or claimed to be caused by the acts or omissions of the Contractor, and its agents, officers or
employees, in performing the work or services herein, and all expenses of investigating and
defending against same; provided, however, that the Contractor's duty to indemnify and hold
harmless shall not include any claims or liability arising from the established sole negligence or
willful misconduct of the City, its agents, officers or employees.
18. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the
contract, or its right, title or interest, or its power to execute such a contract to any individual or
business entity of any kind without the previous written consent of the City.
19. Termination. If, during the term of the contract, the City determines that the Contractor is not
faithfully abiding by any term or condition contained herein, the City may notify the Contractor in
writing of such defect or failure to perform. This notice must give the Contractor a 10 (ten) calendar
day notice of time thereafter in which to perform said work or cure the deficiency.
If the Contractor has not performed the work or cured the deficiency within the ten days specified in
the notice, such shall constitute a breach of the contract and the City may terminate the contract
immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have
any further duties, obligations, responsibilities, or rights under the contract except, however, any and
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all obligations of the Contractor's surety shall remain in full force and effect, and shall not be
extinguished, reduced, or in any manner waived by the termination thereof.
In said event, the Contractor shall be entitled to the reasonable value of its services performed from
the beginning date in which the breach occurs up to the day it received the City's Notice of
Termination, minus any offset from such payment representing the City's damages from such breach.
"Reasonable value" includes fees or charges for goods or services as of the last milestone or task
satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment
schedule; compensation for any other work, services or goods performed or provided by the
Contractor shall be based solely on the City's assessment of the value of the work -in-progress in
completing the overall workscope.
The City reserves the right to delay any such payment until completion or confirmed abandonment of
the project, as may be determined in the City's sole discretion, so as to permit a full and complete
accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the
compensation quoted in its proposal.
Contractor may at any time, for any reason, with or without cause, suspend or terminate this
Agreement, or any portion hereof, by serving upon the City at least sixty days (60) day prior written
notice.
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Exhibit B
INSURANCE REQUIREMENTS
The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the performance of the work
hereunder by the Contractor, its agents, representatives, employees or subcontractors.
Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1
(any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
4. Errors and Omissions Liability insurance as appropriate to the consultant's profession.
Minimum Limits of Insurance. Contractor shall maintain limits no less than:
1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage.
If Commercial General Liability or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this project/location or the general aggregate limit shall be
twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.
4. Errors and Omissions (Malpractice) Liability: $1,000,000 per occurrence / $3,000,000 aggregate
Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to
and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or
the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be
endorsed to contain, the following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as
respects: liability arising out of activities performed by or on behalf of the Contractor; products and
completed operations of the Contractor; premises owned, occupied or used by the Contractor; or
automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no
special limitations on the scope of protection afforded to the City, its officers, official, employees,
agents or volunteers.
2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance
as respects the City, its officers, officials, employees, agents a nd volunteers. Any insurance or self-
insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be
excess of the Contractor's insurance and shall not contribute with it.
3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit
is brought, except with respect to the limits of the insurer's liability.
4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the City.
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Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less
than A:VII.
Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing
maintenance of the required insurance coverage. Original endorsements effecting general liability and
automobile liability coverage required by this clause must also be provided. The endorsements are to be
signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be
received and approved by the City before work commences.
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Exhibit C
SLO CITY FIRE PRICE LIST 2019 (UPDATED 1/7/2019)
Physical Examination
Charge
Notes
LEVEL II EXAM
$140
PHYSICAL – Complete physical exam. Includes a Thorough review of past
medical history with a focus on pre-existing illness and injury that might
affect safe and effective job performance.
REVIEW OF EMQ $59 EMQ review charged only on years with no physical exam
DMV PHYSICAL $56 When completed with a scheduled physical.
DMV PHYSICAL $111 When completed without a scheduled physical.
INDIVIDUAL DI AGNOSTIC STUDIES
CHEST X-RAY (2-VIEW )
$106
CHEST X-RAY (1-VIEW )
$84
Follow up for a non-negative PPD Test
PULMONARY FUNCTION
$83
RESTING EKG
$100
No charge if Treadmill is done
TREADMILL STRESS TEST
$294
AUDIOGRAM
$59
TITMUS / VISION ACUITY
N/C
Includes near, far, color and peripheral testing.
BLOOD DRAW
$10
If drawn at MEDSTOP URGENT CARE CENTER
CBC
$29
CMP
$29
LIPID PANEL
$29
PSA
$83
LEAD EXPOSURE PANEL
$52
INSECTICIDE EXPOSURE PANEL
$29
URINE DIP
$11
URINALYSIS W/ MICRO
$11
If indicated.
TB SKIN TEST
$23
2ND TB SKIN TEST
$18
QFT GOLD
$70
Per what the County charges
IMMUNIZATIONS AVAILABLE
HEPATITIS A VACCINE SERIES
$152
(2-Shot series) $76 per Injection
HEPATITIS B VACCINE SERIES
$281
(3-Shot series) $93.67 per injection
HEPATITIS A/B TITERS
$58
$27.00 Each
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Exhibit D
SERVICE COST ESTIMATES FOR 2019
SERVICE COST ESTIMATES FOR 2019
Firefighters under age 35
Level I Exam for this age group (Note: Level II Physical Exam done every 3 years)
EMQ Review = $59
Tb Skin Test = $23
EKG = $100
Spirometry = $83
CBC = $29
UA-Dip = $11
CMP = $29
Lipids = $29
Total $363
Level II Physical Exam Cycle = add $140
(Plus $140 for Level II Exam, plus $59 Audiogram, minus $59 for EMQ)
Six Employees <35 y/o with Level I only services = $2,178
Seven Employees <35 y/o with Level I and II services = $3,521
Age group sub-total in 2019 = $5,699
Firefighters age 35 - 45
Level I Exam for this age group (Note: Level II Physical Exam done every 2 years)
EMQ Review = $59
Tb Skin Test = $23
EKG = $100
Spirometry = $83
CBC = $29
UA-Dip = $11
CMP = $29
Lipids = $29
Total $363
Level II Physical Exam Cycle = add $140
Thirteen Employees 35 – 45 y/o with Level I only services = $4,719
Five Employees 35 - 45 y/o with Level I and II services = $2,515
Age group sub-total in 2019 = $7,234
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Firefighters age 46-49
Level I and II examination done every year
Level II Exam = $140
Tb Skin Test = $23
Audiogram = $59
Spirometry = $83
CBC = $29
UA-Dip = $11
CMP = $29
Lipids = $29
EKG = $100
Total $503
Ten Employees 46 - 49 y/o with Level I and II services.
Age group sub-total in 2019 = $5,030
Firefighters age 50+
Level I, II and III examination done every year. (Level III Exam = Treadmill)
Level II Exam = $140
Tb Skin Test = $23
Audiogram = $59
Spirometry = $83
PSA = $83
CBC = $29
UA-Dip = $11
CMP = $29
Lipids = $29
Treadmill = $294
Total $780
Six Employees 50+ y/o with Level I, II and III services.
Age group sub-total in 2019 = $4,680
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HAZMAT Cost Additions:
SLO City Fire has 6 members on the SLO County HAZMAT Team. The enhanced
HAZMAT Evaluations require a yearly Treadmill Test ($294) regardless of age.
In addition, there is a Lead Exposure Panel ($52) and an Insecticide Exposure
Panel ($29). Together this adds $375 each; times 6 Firefighters = $2,250.
City Fire Estimated Total Cost in 2019:
Firefighters under age 35 = $5,699
Firefighters age 35 – 45 = $7,234
Firefighters age 46-49 = $5,030
Firefighters age 50+ = $4,680
HAZMAT associated = $2,250
Total Cost Estimate 2019 = $24,893
* Please note –costs may be higher, if the initial evaluations indicate a need for
further testing and referrals to help assure good health and clearance for duty.
** Please note – a few Firefighters with histories of positive TB skin tests may
require a QFT-Gold test done at the County Public Health Lab. We do not control
this price. We “pass-through” our cost for this service, to the City. Currently that
charge is about $70. Given the cost saved from the Tb Skin Test the net increase
in cost to the City is about $47 per Firefighter so affected.
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Term of Agreement:
January 1, 2018 to December 31, 2020
Memorandum of Agreement
Between The City of San Luis Obispo and
The International Association of Firefighters, Local 3523
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RESOLUTION NO. 10919 (2018 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING AND RATIFYING THE
MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS
OBISPO AND THE SAN LUIS OBISPO FIREFIGHTERS LOCAL 3523
FOR THE PERIOD OF JANUARY 1, 2018 THROUGH DECEMBER 31,
2020
WHEREAS, the International Association of Firefighters Local 3523 (Fire Union) is
committed to providing high quality service to the community and recognize the City's
commitment to fiscal responsibility in alignment with the City's Fiscal Health Response Plan;
and
WHEREAS, the Fire Union has agreed to a shared approach including modest salary
increases in exchange for employees paying more towards retirement costs; and,
WHEREAS, one-time funds are available in part due to out of county revenues generated
by Fire Union employees working to preserve the safety of local communities under threat of
fire, flood, or other natural disaster; and,
WHEREAS, the City Council is committed to providing competitive compensation to
recruit and retain well qualified employees, as provided in the City's adopted Compensation
Philosophy while also considering the long-term fiscal sustainability of changes in compensation.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo
as follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and
the Fire Union for the period of January 1, 2018 through December 31, 2020, attached hereto as
Exhibit "A" and incorporated herein by this reference, is hereby adopted and ratified.
SECTION 2. The Director of Finance shall adjust the appropriate accounts to reflect the
compensation changes as set forth in the Exhibit A.
SECTION 3. The City Manager and Human Resources Director are authorized to take any
and all necessary actions to implement this resolution.
SECTION 4. The City Clerk shall furnish a copy of this resolution and a copy of the
executed Memorandum of Agreement approved by it to: Jimmy Witt, International Association of
Firefighters, Local 3523, and Monica Irons, Director of Human Resources.
R 10919
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Resolution No. 10919 (2018 Series) Page 2
SECTION 5. This Resolution becomes effective immediately upon approval.
Upon motion of Council Member Rivoire, seconded by Vice Mayor Christianson, and on the
following roll call vote:
AYES: Council Members Gomez, Pease and Rivoire,
Vice Mayor Christianson and Mayor Harmon
NOES: None
ABSENT: None
The foregoing resolution was adopted this 17t', A— -V T--'- )Al
ATTEST:
w
s
Teresa Purrington
City Clerk
AS TO FORM:
11CRuistine Dietrick
Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this 25" day of 36,AV , 20 1
Teresa Purrington
City Clerk
R 10919
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Table of Contents
ARTICLE 1 - PARTIES TO AGREEMENT ...................................................................... 1
ARTICLE 2 - RECOGNITION .......................................................................................... 2
ARTICLE 3 - DUES DEDUCTION ................................................................................... 3
ARTICLE 4 - EMPLOYEE RIGHTS ................................................................................. 4
ARTICLE 5 - MANAGEMENT RIGHTS ........................................................................... 5
ARTICLE 6 - REPRESENTATIVE ROLE ........................................................................ 6
ARTICLE 7 - COMMUNICATION PROCESS ................................................................. 8
ARTICLE 8 - PROMOTIONAL OPPORTUNITIES .......................................................... 9
ARTICLE 9 - UTILIZATION OF CITY FACILITIES ........................................................ 10
ARTICLE 10 - GRIEVANCE PROCEDURE .................................................................. 11
ARTICLE 11 - SALARY ................................................................................................. 14
ARTICLE 12 - PARAMEDIC INCENTIVE PAY ............................................................. 17
ARTICLE 13 - STATION ONE CAPTAIN INCENTIVE PAY .......................................... 18
ARTICLE 14 - BILINGUAL PAY .................................................................................... 19
ARTICLE 15 - HAZARDOUS MATERIALS INCENTIVE PAY ....................................... 20
ARTICLE 16 - ABOVE GRADE SKILLS INCENTIVE .................................................... 21
ARTICLE 17 - URBAN SEARCH AND RESCUE INCENTIVE ...................................... 23
ARTICLE 18 - OVERTIME ............................................................................................ 24
ARTICLE 19 - EMERGENCY CALL BACK ................................................................... 27
ARTICLE 20 - WORK OUT OF GRADE ........................................................................ 28
ARTICLE 21 - STANDBY .............................................................................................. 29
ARTICLE 22 - EDUCATIONAL INCENTIVE ................................................................. 30
ARTICLE 23 - UNIFORM ALLOWANCE ....................................................................... 32
ARTICLE 24 - FIRE VEHICLE MECHANIC TOOL ALLOWANCE ................................ 34
ARTICLE 25 - INSURANCE .......................................................................................... 35
ARTICLE 26 - VACATION LEAVE ................................................................................ 39
ARTICLE 27 - LEAVE OF ABSENCE ........................................................................... 43
ARTICLE 28 - HOLIDAYS ............................................................................................. 44
ARTICLE 29 - BEREAVEMENT LEAVE ....................................................................... 46
ARTICLE 30 - SICK LEAVE .......................................................................................... 47
ARTICLE 31 - FAMILY LEAVE ..................................................................................... 49
ARTICLE 32 - WORKERS' COMPENSATION LEAVE ................................................. 51
ARTICLE 33 - MODIFIED WORK ASSIGNMENT ......................................................... 52
ARTICLE 34 - SAFETY ................................................................................................. 54
ARTICLE 35 - RETIREMENT ........................................................................................ 55
ARTICLE 36 - HOURS .................................................................................................. 58
ARTICLE 37 - HEALTH/FITNESS ................................................................................. 60
ARTICLE 38 - SALARY SURVEY CITIES ..................................................................... 61
ARTICLE 39 - LAYOFFS ............................................................................................... 62
ARTICLE 40 - WORK ACTIONS ................................................................................... 68
ARTICLE 41 - FIREFIGHTER RECRUITMENT ............................................................ 69
ARTICLE 42 - PROBATIONARY PERIOD .................................................................... 70
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ARTICLE 43 - RESIDENCY REQUIREMENT ............................................................... 71
ARTICLE 44 - STAFFING ............................................................................................. 72
ARTICLE 45 - SENIORITY BIDDING FOR STATION ASSIGNMENT .......................... 73
ARTICLE 46 - DISCIPLINARY PROCEDURE .............................................................. 79
ARTICLE 47 - FULL AGREEMENT ............................................................................... 85
ARTICLE 48 - SAVINGS CLAUSE ................................................................................ 86
ARTICLE 49 - RENEGOTIATIONS ............................................................................... 87
ARTICLE 50 - AUTHORIZED AGENTS ........................................................................ 88
ARTICLE 51 - TERM OF AGREEMENT ....................................................................... 89
APPENDIX A - CLASSIFICATION ................................................................................ 90
APPENDIX B - WORK SCHEDULE ILLUSTRATION ................................................... 91
APPENDIX C - SALARY RANGES ............................................................................... 92
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ARTICLE 1 - PARTIES TO AGREEMENT
This Agreement is made and entered into this July 17, 2018 by and between the City of
San Luis Obispo, hereinafter referred to as the City, and the International Association of
Firefighters, Local 3523, hereinafter referred to as Union or Local 3523.
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ARTICLE 2 - RECOGNITION
Pursuant to Government Code Section 3500 et seq. and City Resolution No. 6620 (1989
Series), the City hereby recognizes the International Association of Firefighters, Local
3523, as the bargaining representative for purposes of representing regular and
probationary employees, occupying the position classifications set forth in Appendix A, in
the Fire Unit with respect to their compensation, hours and other terms and conditions of
employment for the duration of this Agreement.
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ARTICLE 3 - DUES DEDUCTION
The City shall deduct dues from City employees and remit said dues to the Union on a
monthly basis for the duration of this Agreement, which dues shall not include
assessments.
Monthly dues deduction additions and/or deletions shall be recorded by the City's Finance
Director or designee and a notification of all dues transactions shall be sent monthly to
the Union Treasurer.
The Union shall hold the City harmless from any and all claims and will indemnify it against
such claims and any unusual costs.
The Union shall refund to the City any amount paid to the Union in error, upon
presentation of supporting evidence.
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ARTICLE 4 - EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate in the activities of
employee organizations of their own choosing for the purpose of representation on all
matters of employer-employee relations including but not limited to, wages, hours and
other terms and conditions of employment. Employees of the City also shall have the
right to refuse to join or participate in the activities of employee organizations and shall
have the right to represent themselves individually in their employment relations with the
City. No employee shall be interfered with, intimidated, restrained, coerced or
discriminated against because of the exercise of these rights.
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ARTICLE 5 - MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the
mission of its constituent departments, commissions and boards; set standards of service;
determine the procedures and standards of selection for employment and promotion;
direct its employees; take disciplinary action; relieve its employees from duty because of
lack of work or for other legitimate reasons; maintain the efficiency of governmental
operations; determine the methods, means and personnel by which government
operations are to be conducted; determine the content of job classifications; take all
necessary actions to carry out its mission in emergencies; and exercise complete control
and discretion over its organization and the technology for performing its work.
This provision is not intended to, and does not restrict, the rights conferred upon the Union
by Government Code Section 3500, et seq.
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ARTICLE 6 - REPRESENTATIVE ROLE
Members of any recognized employee organization may, by a reasonable method, select
not more than five (5) employee members of such organization to meet and confer with
the Municipal Employee Relations Officer and other management officials (after written
certification of such selection is provided by an authorized official of the organization) on
subjects within the scope of representation during regular duty or work hours without loss
of compensation or other benefits. The employee organization shall, whenever
practicable, submit the name(s) of each employee representative to the Municipal
Employee Relations Officer at least two working days in advance of such meeting.
Provided further that no employee representative shall leave his or her duty or work
station or assignment without specific approval of the department head or other
authorized City management official. If employee representatives cannot be released for
good reason, the date of meeting will be rescheduled to a mutually acceptable day.
Union Time Bank
1. Union time bank hours are intended for use by eligible Local 3523 Executive
Board members to conduct official union business.
2. Union members will donate a total of 440 hours per year (inclusive of
carryover time) of vacation time, holiday time, and compensatory time off
(CTO) to a union time bank.
3. The maximum number of hours donated by a union member to the time
bank shall not exceed 12 hours per year.
4. Any hours remaining in the time bank on June 30th of each year shall be
carried over to the next year. If no hours were used in the previous year
and the maximum hours remain in the time bank, no additional donations
by members shall be authorized in the upcoming year.
5. During the first full pay period in July each calendar year, Local 3523
President along with the Executive Board and the Senior Accountant or
designee shall determine the number of hours remaining in the Union time
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bank. That number shall be subtracted from the maximum number of time
bank hours of 440 hours. The difference between the actual number of
hours and the 440 hours maximum will be divided by the number of Local
3523 represented employees. Each 56-hour per week employee shall
contribute an equal number of leave hours and each 40-hour per week
employee will donate 70% of the amount donated by 56-hour per week
employees to be debited by the City to maintain 440 hours in the time bank.
6. Donation of hours shall be non-revocable and not returned to the members.
7. Requests for time off that would use time from the bank must be authorized
by the Executive Board and is subject to final approval per department
policies and procedures. Approval for suppression personnel must be
authorized in advance by a Battalion Chief and approval for non-
suppression personnel must be authorized in advance by the Fire Marshal
or designate.
8. Vacancies created by approved requests that affect constant staffing, may
be filled through mandated overtime.
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ARTICLE 7 - COMMUNICATION PROCESS
Pursuant to City Resolution 6619 (1989 Series) the City agrees with the Union to improve
communications and provide for the following:
A. Monthly Conferences
There will be a monthly meeting between the department head and management
member(s) and a least two (2) union representatives to discuss problems or other
subjects of mutual interest. Minutes of the meeting will be maintained to reflect
topics discussed, actions to be taken, the party responsible for any action and the
expected completion date.
B. Quarterly Meetings
Two to four representatives of the Union, the City Manager (or designee),
department head (or designee), and management representative(s) designated by
the City will meet quarterly if there are issues of concern to the parties. No issues
will be brought to this quarterly meeting without first having been discussed with
the department head at a scheduled monthly meeting.
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ARTICLE 8 - PROMOTIONAL OPPORTUNITIES
Announcements for promotional opportunities for members of the Union will list testing
and scoring processes that will be followed. Once defined, testing and scoring processes
will not be modified.
There will be no banding on promotional exams and, if a candidate is by-passed during
the selection process, that person will be given a written reason by the Fire Chief as to
why s/he was by-passed. The City agrees to an opener to discuss the promotional
process if the Fire Chief goes below the top three (3) candidates in making his selection
on promotional exams two (2) or more times during the term of this contract.
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ARTICLE 9 - UTILIZATION OF CITY FACILITIES
A. Local 3523 shall be allowed to use Fire Department facilities for official Union
activities. The Union will notify the Chief or his/her representative of any upcoming
meetings. The Union will follow any sign-up procedures for room availability the
Department has in place. Scheduling of the facilities usage would be conducted
so as not to conflict or interfere with normal operation of departmental business.
In lieu of any conflicts in availability or a denial by the Chief, it will be presumed
that the Union will have the OK of the Chief to use the facility. Activities would
include but would not be limited to: General Membership meetings, Board of
Directors meetings, Negotiation Team meetings, and various special committee
meetings.
B. Facilities would include, but would not be limited to: conference room, training
room, and second floor common areas.
C. Local 3523 understands that e-mail sent over the City network is public record.
With this acknowledgement, the City gives the Union the right to use the computers
and the e-mail system. This right may be revoked at any time or for any reason.
This revocation must be done in writing and must be delivered in person to a San
Luis Obispo Firefighters’ Board member.
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ARTICLE 10 - GRIEVANCE PROCEDURE
A. A grievance is an alleged violation, misinterpretation or misapplication of the
Employer-Employee Resolution, the Personnel Rules and Regulations, any
memorandum of agreement with an employee association or any existing written
policy or procedure relating to wages, hours or other terms and conditions of
employment excluding disciplinary matters.
B. Any employee may file and process a grievance by providing the time, place and
circumstances of the action prompting the grievance. Employees may be
accompanied by a representative at each step of the process. If a specific action
to be grieved affects several employees, those employees may consolidate their
grievance and be represented.
C. Each Grievance shall be handled in the following manner:
1. The employee who is dissatisfied with the response of the immediate
supervisor shall discuss the grievance with the supervisor's immediate
superior. If the matter can be resolved at that level to the satisfaction of the
employee, the grievance shall be considered terminated.
2. If still dissatisfied, the employee may immediately submit the grievance in
writing to the department head for consideration, stating the facts on which
it was based, including the provision of the rules, regulations or agreement
said to be violated, and the proposed remedy. This action must take place
within fifteen business days of the occurrence of the grievance. The
department head shall promptly consider the grievance and render a
decision in writing within fifteen business days of receiving the written
grievance. If the employee accepts the department head's decision, the
grievance shall be considered terminated.
D. If the employee is dissatisfied with the department head's decision, the employee
may immediately submit the grievance in writing to the human resources director
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within five business days of receiving the department head's decision. The Human
Resources Director shall confer with the employee and the department head and
any other interested parties and shall conduct such other investigations as may be
advisable.
E. The results or findings of such conferences and investigations shall be submitted
to the City Manager in writing within fifteen business days of receiving the
employee’s written request. The City Manager will meet with the employee if the
employee so desires before rendering a decision with respect to the complaint.
The City Manager’s decision shall be in writing and given to the employee within
fifteen business days of receiving the Human Resources Director's results and
findings. Such decision shall be final unless the employee desires a review of the
decision.
F. If the employee desires a review of the decision the procedure is as follows:
1. Hearing Officer (for employees represented by SLOPOA or IAFF, Local
3523)
a. The employee will have five business days following receipt of the
City Manager’s decision to submit a written request to the Human
Resources Director for review of the decision. The Human
Resources Director will obtain a list of five potential hearing officers
from the State Mediation and Conciliation Service. Then following a
random determination of which party (city or appellant) begins,
parties shall alternately strike one name from the list until only one
remains.
b. Within 30 business days, the hearing officer shall review the record
and conduct a hearing on the matter. Within ten business days the
hearing officer shall render a decision which shall be final.
c. Any dispute regarding the eligibility of an issue for the grievance
process may be appealed through the process ultimately to the
hearing officer who shall decide on the eligibility prior to ruling on the
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merits.
d. Any fees or expenses of the hearing officer shall be payable one-half
by the city and one-half by the Union. All other expenses shall be
borne by the party incurring the expense.
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ARTICLE 11 - SALARY
A. Rules Governing Step Increases
The rules governing step increases for employees covered by this MOA are included in
the current Salary Resolution with the following modification: The Fire Chief shall be
authorized to reevaluate employees who reach the top step in their pay range. An
employee who is not performing up to standard for the top step shall be notified in writing
that the department head intends to reduce him/her one step unless his/her job
performance improves significantly within a 60-day period. Unless the employee's job
performance improves to an acceptable level by the end of 60 days, the pay reduction
shall then become effective. The top step may be reinstated at any time upon
recommendation of the department head. If the Fire Chief deems it necessary to again
remove the top step during the same fiscal year, he/she may make the change at any
time with three business days written notice.
For the position of Firefighter, the salary range consists of six steps (1 through 6). Steps
2 through 5 equal 95% of the next highest step, computed to the nearest one dollar. Step
1 equals 90% of step 2.
Step 5 = 95% of Step 6
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 90% of Step 2
Each salary range for all other positions in the unit consists of five steps (1 through 5).
Steps 1 through 4 equal 95% of the next highest step, computed to the nearest one dollar.
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 95% of Step 2
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Each across-the-board percent salary increase shall raise the top step of the range by
that percent. The highest step of each successive salary range shall be 2.63% above the
highest step of the next lower range. After all highest steps of salary ranges have been
established, each highest step shall be rounded off to the nearest dollar and the remaining
steps established in accordance with the above formula. Employees who are eligible for
advancement to the top two steps must receive at least a "competent" rating on their most
recent performance evaluation prior to or coincident with their being eligible for
advancement by time in grade. Competent is defined as "Performance meets standards
of a qualified employee."
Step progression for Firefighters will be subject to existing personnel standards, with the
timing for progression being one-year for each step.
B. Salary Provisions for Term of Agreement
Salary increases will be effective the first day of the first full pay period in the month listed
below:
• March 2018 1%
• July 2019 2%
• July 2020 2%
The salary ranges for the term of this agreement are listed in Appendix C.
C. "Y" Rating
An employee who is not performing up to established job standards may be "Y" rated,
freezing her/his salary until such time as there is an improved job performance. The
department head shall give 60 days written notice to any employee s/he intends to "Y"
rate, giving the employee an opportunity to correct any deficiencies. A "Y" rating
procedure shall not result (then or later) in the employee being frozen below the next
lower step of the new range.
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D. Payday
Payroll will be disbursed on a bi-weekly schedule. Payday will be every other Thursday.
This disbursement schedule is predicated upon normal working conditions and is subject
to adjustment for cause beyond the City's control.
E. Lump Sum Payments
The following lump sum, taxable payments are part of a comprehensive settlement with
the Fire Union and will be made to all members employed by the City on the effective
date of the payments that are to be effective the first full pay period following the dates
listed below:
• Council Adoption of Agreement $2,000
• December 1, 2019 $1,300
• December 1, 2020 $1,300
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ARTICLE 12 - PARAMEDIC INCENTIVE PAY
The City shall pay a twelve percent (12%) pay incentive of the monthly top step Firefighter
base salary, prorated to a bi-weekly amount, to those Firefighters, Engineers, or Captains
assigned to EMT Paramedic duties by the Fire Chief. This pay incentive is effective the
first full pay period following paramedic certification and assignment.
Paramedics required to recertify shall be granted four (4) hours training time per month
for six (6) months prior to the recertification. Such hours shall be scheduled by the
Department during the normal working day.
The Paramedic incentive shall be considered the same as base pay when determining
the starting salary upon promotion to Captain.
Probationary Firefighters are not eligible to act as paramedics in the first six months of
their probationary period. After that point in their probationary period, they may be
allowed to do so, but only after a consultation with the Fire Chief or his/her designee, a
Union Officer, and the Paramedic Coordinator.
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ARTICLE 13 - STATION ONE CAPTAIN INCENTIVE PAY
Fire Captains regularly assigned to Station One shall receive $57.69 bi-weekly pay
incentive, to compensate for the additional Station One workload. Mandatory
assignments to Station One for Captains shall not exceed two consecutive years.
Employees are eligible for this incentive the first full pay period following eligibility.
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ARTICLE 14 - BILINGUAL PAY
Employees, with the exception of Battalion Chiefs, certified as bilingual in Spanish
through the testing process shall receive a bilingual payment of $35 per pay period.
Additional languages may be approved by the City based upon demonstrated need.
Employees are eligible for this incentive the first full pay period following qualification.
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ARTICLE 15 - HAZARDOUS MATERIALS INCENTIVE PAY
Safety employees, with the exception of Battalion Chiefs, certified as Hazardous Materials
(Haz Mat) Specialists or Technicians and assigned to the Haz Mat Team by the Fire Chief
shall receive incentive pay equal to four percent (4%) of the top step Firefighter base
salary effective the first full pay period following assignment. The Department will support
a 6 person Haz Mat Team (2 per shift). Haz Mat Technicians will be expected to certify
as Haz Mat Specialists within 12 months of joining the team in order to continue receiving
the incentive pay.
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ARTICLE 16 - ABOVE GRADE SKILLS INCENTIVE
A. The City shall pay four percent (4%) pay incentive of base rate of pay to those
Firefighters, Engineers, or Captains who become qualified to serve and function at
the next higher classification above their current rank. Employees are eligible for
this incentive the first full pay period following qualification/certification through the
testing and task booking process as outlined in the Department Training Manual
and General Operations Manual sections 502.01, 502.02, and 502.03. Also
contained in these references are the requirements for refresher training and skills
maintenance to remain qualified/certified to serve in these acting capacities.
Biennial (occurring every two years) recertification is required to maintain or
reinstate an Above Grade Skills Incentive. This program is administered by the
Department Training Officer (the Deputy Fire Chief) or other employee selected by
the Fire Chief.
B. Individuals who are qualified/certified at more than one higher classification (e.g.
an employee of the Firefighter rank who is Acting Engineer and Acting Captain
qualified) shall only receive one Above Grade Skills incentive (four percent).
C. An individual receiving this incentive who declines to work in the classification for
which they are receiving the incentive, will have their incentive removed and be
required to recertify in order to receive the incentive again. The decision to remove
the incentive is reserved to the Chief and subject to appeal to the Chief by the
affected employee.
D. Relief Engineer certification is not eligible for the incentive.
E. Employees who are “actors” as of the date of adoption of this memorandum of
agreement by Council, will be considered eligible for this incentive. Recertification
will be required within twelve months of that date.
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F. Effective upon Council Adoption, Firefighters, Fire Engineers, and Fire Captains
that are receiving Above Grade Skills Incentive and who have been temporarily
promoted filling a long-term vacancy in accordance with General Order 201.05
(vacancies greater than 60 shifts) are eligible for an additional one percent (1%)
not to exceed five percent (5%) pay during the temporary promotion. This
additional 1% incentive is effective the first full pay period following the date of
assignment.
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ARTICLE 17 - URBAN SEARCH AND RESCUE INCENTIVE
The City shall pay $75 bi-weekly for three employees, at the rank of Firefighter, Engineer
or Captain, who are members of the SLO County Urban Search and Rescue Team in
good standing who attend monthly Team drills and maintain currency in all technical skill
areas. Employees are eligible for this incentive the first full pay period following
qualification. In addition, these employees will act as trainer/subject matter expert for
technical rescue disciplines for recurring advanced technical rescue training within the
Fire Department.
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ARTICLE 18 - OVERTIME
A. Firefighters, Fire Engineers and Fire Captains assigned to 24-hour shift duty shall
receive overtime pay at time-and-one-half computed at their base salary for those
hours worked in excess of regularly scheduled shifts.
Pay incentives included in this calculation of MOA Overtime include:
• Above Grade Skills Incentive
• Bilingual Pay
• Education Incentive
• HazMat Incentive
• Holiday (quarterly cash out)
• Paramedic Incentive
• Station 1 Captain Incentive
• USAR Incentive
B. Battalion Chiefs shall be considered exempt and not eligible for overtime payment
or any return-to-work minimum payments, except as described below, in Article
19, or specifically authorized by the Fire Chief due to extraordinary circumstances.
Extraordinary shall be defined as an actual emergency requiring a Battalion Chief
to return to work. It does not include administrative meetings, etc. In general,
Battalion Chiefs are expected to work the hours necessary to successfully carry
out their duties and frequently must return to work or attend meetings and events
outside their normal working hours.
C. Pursuant to Article 18.3 of the 2016-17 MOA, the City conducted an internal review
of whether the Battalion Chief classification is exempt or non-exempt under Fair
Labor Standards Act and an analysis of FLSA overtime in light of the Flores v. City
of San Gabriel decision. This confirms the City’s determination that the Battalion
Chiefs meet the legal requirements for exemption from FLSA overtime and that the
City’s implementation of the dual calculation method, as described in the letter to
Local 3523 dated October 6, 2017, addresses the FLSA compliance requirements
announced in the Flores decision.
D. Firefighters, Fire Engineers and Fire Captains assigned to 24-hour shift duty are
assigned to work (one hundred ninety-two (192) hours in a twenty-four (24) day
pay cycle. Employees in these classifications who work more than one hundred
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eighty-two (182) hours during a pay cycle, shall be paid time and one-half (1 1/2)
for all hours worked in excess of one hundred eighty-two (182) hours worked in
the twenty-four day pay cycle. Paid time off shall be counted as time worked when
calculating this overtime pay.
E. All non-safety personnel shall receive overtime pay at time-and-one-half computed
at their base salary for all hours worked in excess of forty (40) hours per week
including holiday, sick leave and vacation unless they elect to receive
compensatory time off at time and one-half.
F. Pay incentives included for non-safety personnel in this calculation of MOA
Overtime include:
• Bilingual Pay
• Education Incentive
• Work out of Grade Pay
G. All overtime shall be authorized in writing by the Fire Chief prior to being
compensated.
H. All overtime shall be paid to the nearest quarter hour worked where no minimum
is authorized.
I. Overtime Call Back (Firefighters, Fire Engineers and Fire Captains): Overtime call
back shall be as follows:
First Option – Rank for rank including a minimum of four paramedics
Second Option – Certified Acting Personnel
Third Option – Mandatory staffing that ensures adequate paramedic and
officer coverage
Prior to a mandatory call back for paramedic coverage, Captains with paramedic
certification will be offered the opportunity to work as a Paramedic.
J. Battalion Chiefs – Administrative Leave.
In recognition of these requirements and the 24-hour staffing requirements of Fire
Departments, Battalion Chiefs shall be afforded flexibility in managing their work
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load and time and are eligible to take a maximum of 72 hours per calendar year of
Administrative Leave. Battalion Chiefs will earn 72 hours of administrative leave
the pay period that January 1st falls into and such leave may be taken at any time
during the year. Administrative leave hours shall be pro-rated on a monthly basis
(the rate of 6.0 hours per month) when a Battalion Chief is hired during the year.
There shall be no carryover of such leave from year to year or any payoff for
unused leave except that during the month of December employees may request
up to 40 hours of unused administrative leave to be paid in cash the pay period
that January 1st falls into provided that total administrative leave taken and paid
does not exceed 72 hours during the calendar year.
K. Battalion Chiefs – Shift Coverage.
Shift Fire Battalion Chief absences will be covered by an off-duty Fire Battalion
Chief, through the Call Back options listed below.
A Fire Battalion Chief working shift continuation or shift coverage for another Fire
Battalion Chief will receive a stipend at the rate of 1.275% of base pay for each
hour worked. Effective upon Council Adoption, the stipend rate will increase from
1.275% to 1.5% of base pay for each hour worked. Fire Battalion Chiefs continue
to be overtime exempt and will perform all other additional work without additional
compensation except as described above under “Administrative Leave”.
L. Battalion Chiefs – Call Back
Shift coverage call back shall be as follows:
First Option – Rank for rank
Second Option – Certified actors.
Third Option – The Deputy Fire Chief or Fire Chief may temporarily act as
Battalion Chief in situations that would otherwise require mandatory
overtime.
Fourth Option – Mandatory rank for rank.
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ARTICLE 19 - EMERGENCY CALL BACK
A. Firefighters, Engineers and Captains who are unexpectedly called back to work
after completing their shift and having left the worksite shall be paid a 4-hour
minimum guarantee at time and one half.
B. Non-safety personnel shall receive a minimum of 4 hours at time and one-half for
emergency call back or time and one-half for hours actually worked, whichever is
larger.
C. Employees who are called back as defined above shall receive the minimum
provided by this article or pay for the work performed, whichever is larger.
D. Battalion Chiefs who are unexpectedly called back to work after completing their
shift shall be paid the shift coverage stipend of 1.275% for actual time worked but
do not receive a call back minimum.
Effective upon Council Adoption, Battalion Chiefs who are unexpectedly called
back to work after completing their shift and having left the worksite shall be paid
a four-hour minimum at the shift coverage stipend rate of 1.5% for the four-hour
minimum or actual time worked, whichever is greater.
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ARTICLE 20 - WORK OUT OF GRADE
Non-Safety Employees temporarily assigned to work in a higher classification will receive
one step additional pay but in no case more than the top step for the higher classification
under the following conditions:
1. The assignment exceeds eight (8) consecutive work days in which case the step
increase becomes effective on the ninth (9th) work day.
2. The person being temporarily replaced is on extended sick or disability leave or the
position is vacant and an examination is pending.
3. Employees not eligible for the step increase (under 10 days) shall receive
compensation on the following basis:
Hours Worked Compensation Earned
0-5 hours, 59 minutes 0
6-11 hours, 59 minutes 1 hour, paid at ST
12-24 hours 2 hours, paid at ST
Battalion Chiefs temporarily assigned as the acting Fire Chief on their days off will be
eligible for compensatory time off on the following basis:
Hours Assigned CTO Earned
0-5 hours 59 minutes 0
6 hours – 11 hours 59 minutes 1 hour, paid at ST
12-24 hours 2 hours, paid at ST
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ARTICLE 21 - STANDBY
A. Employees below the rank of Fire Marshal/Battalion Chief on standby shall be
compensated one hour's pay for each eight (8) hour incident with a minimum of
two (2) hours straight time pay for each assigned standby period.
B. The Fire Vehicle Mechanic shall receive thirty-five dollars ($35.00) for each week
day and forty dollars ($40.00) for each weekend day and holiday when assigned
to standby. For return to work as part of a standby assignment, the City will
guarantee either two (2) hours of pay in cash at straight time or pay at time and
one half for time actually worked, whichever is greater.
Standby Periods: During Fire Season (typically June-October), whenever fleet is
supported by reserve units, or when any other need arises; as mutually agreed
upon by the Fire Chief or designee and Fire Vehicle Mechanic.
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ARTICLE 22 - EDUCATIONAL INCENTIVE
The City agrees to an educational incentive pay plan with the following provisions:
A. Basic Benefits.
Educational incentive pay shall not start for one year after employment with the
City of San Luis Obispo, but credit will be given for approved education obtained
prior to that time. The basic benefit will consist of $46.16 bi-weekly for possession
of an A.A., or equivalent degree from an accredited community or junior college;
and $92.31 bi-weekly for a B.A. or equivalent degree from an accredited four year
college or university. Total incentive pay shall in no case exceed $92.31 bi-weekly.
B. Job Related Fields.
Degrees must be in fields which are directly job related and if not, at least 30
semester units leading toward the appropriate degree with a grade of "C" or better
must be included.
C. Application and Approval.
Application for the incentive pay shall be made by the employee to the department
head at least 30 days before the date the payment of the incentive pay is to be
effective. Approval of the department head and the Human Resources Director
shall be required.
D. Unsatisfactory Performance.
In the event an employee receiving the incentive pay is not performing up to the
established standards set for the job, the department head with the concurrence
of the City Manager, may suspend payment of the incentive pay until such time as
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the employee's work performance comes up to the standard level, in the opinion
of the department head and concurred in by the City Manager.
E. Non-Applicability.
It is the City's intention not to pay the educational incentive for any degree which
is required for the position held by the employee. Educational incentives shall not
be paid for education received on City time. The education incentive shall be
removed if the employee is promoted to a position which does not entitle employee
to such incentive.
F. Tuition and Books.
Employees who have completed their initial probation period may participate in the
City’s Tuition Reimbursement Program at the current reimbursement rate.
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ARTICLE 23 - UNIFORM ALLOWANCE
A. Positions designated by the Fire Chief that are required to wear an approved
uniform to promote the department’s public image shall receive an annual
allowance of $1,000 paid semi-annually to be spent on the purchase and
maintenance of department-approved uniforms. Said allowance shall be paid
directly to each eligible employee on the first full pay period of July and of January.
Positions designated by the Fire Chief as only requiring occasional usage, such as
the Fire Vehicle Mechanic, shall receive $500 paid semi-annually to be spent on
the purchase and maintenance of department-approved uniforms. Said allowance
shall be paid directly to each eligible employee on the first full pay period of July
and of January.
The Fire Chief or his/her designated representative shall conduct an inspection at
least once a year to ensure that each employee has the minimum number of
uniforms and that all uniforms meet department standards regarding safety and
appearance. Employees whose uniforms do not meet standards may be subject
to disciplinary action.
B. A uniform allowance cash advance of one (1) year will be given to new employees
for purchase of their uniforms. If the employee severs employment with the City
or is terminated within one (1) year, the cash advance shall be deducted from the
employee's last paycheck.
C. Where the agreement refers to uniform standards, it shall mean the following: The
Fire Chief shall establish and maintain a set of standards for the maintenance, care
and wearing of employee uniforms. Such standards shall be on file in the Fire
Chief's office, in each fire station, and in the Human Resources Director's office.
D. Employees will be responsible to purchase and maintain health/fitness clothes,
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including appropriate athletic footwear. Appropriate health/fitness clothing will be
determined through agreement between the Union and the Department.
E. Damaged Uniform Reimbursement
1. The City shall reimburse the cost in excess of ten ($10.00) dollars, for
repairing or replacing Department approved uniforms which are damaged
within the course of employment. No reimbursement shall be made if the
damage was due to negligence on the part of the employee. At the time of
damage, the employee will submit a report documenting where and how the
uniform was damaged.
2. The Fire Chief shall determine the use and extent of wear of damaged
items. Replacement amounts shall be prorated. The Department will
establish administrative regulations consistent with this section.
F. The City will bear any additional costs resulting from City mandated changes in
required uniform items during the term of this agreement.
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ARTICLE 24 - FIRE VEHICLE MECHANIC TOOL ALLOWANCE
The Fire Vehicle Mechanic classification is eligible to receive a tool allowance of $1,000
per year for tool replacement, tool purchase, and/or tool updates. The allowance will be
included in the employee’s first full pay period in January each calendar year. Eligible
employees hired after the annual tool allowance is provided, will receive a prorated tool
allowance, based on his/her start date.
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ARTICLE 25 - INSURANCE
A. Health Flex Allowance
Employees electing medical coverage in the City’s plans shall receive a health flex
allowance, as defined by the Affordable Care Act (“ACA”) and shall purchase such
coverage through the City’s Cafeteria Plan. If the health flex allowance is less than
the cost of the medical plan, the employee shall have the opportunity to pay the
difference between the health flex allowance and the premium cost on a pre-tax
basis through the City’s Cafeteria Plan. If the premium cost for medical coverage
is less than the health flex allowance, the employee shall not receive any unused
health flex in the form of cash or purchase additional benefits under the Cafeteria
Plan. Less than full-time employees shall receive a prorated share of the City’s
contribution. The current monthly health flex allowance shall be:
Employee Only $ 539.00
“Grandfathered” Employee Only $ 892.00 (with no cash back)
Employee Plus One $1,066.00
Family $1,442.00
Employees hired prior to October 18, 2016 that elect employee only medical
coverage will receive the health flex allowance listed above for employee only
“grandfathered” coverage. If the premium cost for medical coverage is less than
the health flex allowance, the employee shall not receive any unused health flex in
the form of cash.
Effective in December 2018 (for the January 2019 premium), December 2019 (for
the January 2020 premium), and December 2020 (for the January 2021 premium),
the City’s total Cafeteria Plan contribution shall be modified by an amount equal to
one half of the average percentage changes for family coverage in the PERS
health plans available in San Luis Obispo County. For example: if three plans are
available and the year-to-year changes were +10% + 15% + 20% respectively, the
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City’s contribution would be increased by 7.5% (10% + 15% + 20% ÷ 3 = 15% x
½). The employee only “grandfathered” amount will not adjust.
B. PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit program. The City
shall contribute an equal amount towards the cost of medical coverage under the
Public Employee’s Medical and Hospital Care Act (PEMHCA) for both active
employees and retirees. The City’s contribution toward coverage under PEMHCA
shall be the statutory minimum contribution amount established by CalPERS on
an annual basis. The City's contribution will come out of that amount the City
currently contributes to employees as part of the Cafeteria Plan provided to
employees in their various MOA's. The cost of the City's participation in PERS will
not require the City to expend additional funds toward health insurance beyond
what is already provided for in the various bargaining agreements. In summary,
this cost and any increases will be borne by the employees.
C. Conditional Opt-Out
Employees who at initial enrollment or during the annual open enrollment period,
complete an affidavit and provide proof of other minimum essential coverage for
themselves and their qualified dependents (tax family) that is not qualified health
plan coverage under an exchange/marketplace or an individual plan, will be
allowed to waive medical coverage for themselves and their qualified dependents
(tax family). The monthly conditional opt-out incentives are:
Opt Out $200
“Grandfathered” Opt Out $892 (hired prior to 10/18/2016)
The conditional opt-out incentive shall be paid in cash (taxable income) to the
employee. The employee must notify the City within 30 days of the loss of other
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minimum essential coverage. The conditional opt-out payment shall no longer be
payable, if the employee and family members cease to be enrolled in other
minimum essential coverage. Employees receiving the conditional opt-out
amount will also be assessed $16.00 per month to be placed in the Retiree Health
Insurance Account. This account will be used to fund the City's contribution toward
retiree premiums and the City's costs for the Public Employees' Contingency
Reserve Fund and the Administrative Costs. However, there is no requirement
that these funds be used exclusively for this purpose nor any guarantee that they
will be sufficient to fund retiree health costs, although they will be used for
negotiated employee benefits.
D. Dental and Vision Insurance/Dependent Coverage
Employee’s participation in the City's dental and vision plans is optional.
Employees who elect coverage shall pay the dental and/or eye premium by payroll
deductions on a pre-tax basis through the City’s Cafeteria Plan.
E. Long-Term Disability Insurance
Safety employees are covered for Long Term Disability Insurance through the
Union’s plan. All non-safety employees in this bargaining unit shall be covered
under the City’s Long Term Disability Insurance Program. Non-safety employees
shall pay the LTD premiums by payroll deduction on a pre-tax basis through the
City’s cafeteria plan.
F. Life Insurance – Battalion Chiefs
Fire Battalion Chief’s shall have term life insurance coverage in the amount of
Thirty-Five Thousand Dollars ($35,000). Ten Thousand Dollars ($10,000) shall be
paid by the employee through the City’s Cafeteria Plan and Twenty-Five Thousand
($25,000) shall be paid by the City.
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G. Representation on a Medical Plan Review Committee
The Union shall actively participate in the Medical Plan Review Committee. Such
committee shall review medical plans and may recommend alternative medical
plans, including those offered by PERS.
H. Reservation of Rights
During the term of this agreement, the City reserves the right to modify the terms
of the Cafeteria plan and the use of health flex allowance and the conditional opt-
out incentive should there be future mandates under the ACA, Cafeteria Plan rules,
or the City’s obligations under the ACA or other laws. Any action taken in
accordance with this reservation of rights will be subject to the meet and confer
process.
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ARTICLE 26 - VACATION LEAVE
A. Each incumbent of a 40-hour and 56-hour a week line-item position shall accrue
vacation leave with pay at the following rates:
40-hour per week
Years of
Service
Annual
Vacation
Accrual Days*
Annual
Vacation
Accrual Hours
0 to 5 years 12 days 96 hours
5 to 10 years 15 days 120 hours
10 to 20 years 18 days 144 hours
20+ years 20 days 160 hours
56-hour per week
Years of
Service
Annual
Vacation
Accrual Days*
Annual
Vacation
Accrual Hours
0 to 5 years 7 days 168 hours
5 to 10 years 8 days 192 hours
10 to 15 years 9 days 216 hours
15 to 20 years 10 days 240 hours
20+ years 11 days 264 hours
*One day is equivalent to eight (8) hours for a 40-hour per week line-item position
and 24 hours for a 56-hour per week line-item position.
B. An incumbent is not eligible to use accrued vacation leave until after the completion
of the sixth calendar month of service since the benefit date.
C. An employee who leaves the City service shall receive payment for any unused
vacation leave.
D. Department Heads shall be responsible for arranging a vacation schedule, first
with the needs of the City as the determining factor and, second, insofar as
possible, with the wishes of the employee.
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E. All employees in this unit may accrue a maximum of vacation time not to exceed
twice their annual rate.
F. All employees in this unit are eligible in December, to request payment for up to
150 hours of unused vacation leave provided that an employee’s attendance
practices are satisfactory. If an employee reaches the annual accrual cap before
December, the employee will be able to request vacation payment one other time
during the year, in addition to the December cash out. However, no more than
150 hours of unused vacation leave will be paid out in any calendar year.
G. Vacation Use (Firefighters, Fire Engineers, Fire Captains):
1. Vacation shall be selected by seniority based on shift assignment for shift
employees and by seniority for non-shift employees. The employee with the
most seniority shall select first, with the following choices made in descending
order of seniority.
2. First choice vacation shall be made during November/December each year.
The first choice shall be a minimum of four (4) shifts off within one (1) cycle.
3. Employees have the right to two (2) employees off on vacation per shift; except
on New Year’s Day only one employee shall have the right to be off on
vacation. On Christmas, Christmas Eve, and Thanksgiving holidays no
vacation will be granted that results in a mandatory of personnel. Additional
vacation slots may be available if personnel are available to fill the shift without
causing mandatory overtime.
4. Employees have the right to unscheduled vacation as provided in the current
departmental Operations Manual (G.O. 204.01).
5. Time off by Battalion Chiefs is not included in the determination of the number
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of employees on vacation per Section G (4) above.
6. If an employee's first choice vacation is changed by direction of the
department, such change shall not cause an employee to lose vacation that
may be accrued above twice the annual rate maximum. In this case, the
employee will have the ability to cash out their vacation per Section F above.
7. If an employee must cancel vacation for good reason, as defined by
management, the employee will have the ability to cash out their vacation per
Section F above.
8. Employees may cancel scheduled vacation for any reason with a minimum of
15 days advance written notice to the Fire Chief or his/her designated
representative. Maximum vacation accruals will not be waived for vacation
canceled pursuant to this section.
9. Any cancelled scheduled vacations will continue to be available for re-selection
by other employees.
Departmental General Operations 204.07 shall be modified as follows:
If approval is granted for vacation cancellation by the Fire Chief, the Battalion Chief
on the shift affected will direct the appropriate Captain to make notification of the
dates available to the platoon. Selection of available dates will be handled as a
second choice vacation pick, selection may consist of any or all days remaining
available. All selections made from the cancelled days will be recognized as
scheduled vacation. Filling the cancelled days will start with the next person below
on the seniority list (person below the person who is canceling). Filling the
cancelled days will continue until all the days have been filled or all the personnel
on that shift have been able to review and select the remaining available vacation
shifts.
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H. Vacation Use (Battalion Chiefs)
1. Coordination of the Battalion Chief’s first, second and third choice vacation
selection will be carried out by the Fire Chief. Battalion Chiefs will make
their written scheduled vacation requests during the November 1st to
December 30th period and will coordinate the availability of one Battalion
Chief between themselves. Battalion Chief scheduled vacation selections
will not be based on shift employees’ vacations. The Fire Chief will consider
and approve the request.
2. Unscheduled vacations will be made in writing to the Fire Chief and will
require the availability of one Chief Officer and relief personnel which may
include voluntary overtime. All unscheduled vacations must be approved
by the Fire Chief. (Mandatory overtime is not allowed for unscheduled
vacation.)
3. If an employees’ scheduled vacation is changed by direction of the
department, such change shall not cause an employee to lose vacation. In
this case, the employee will be able to exercise the ability to cash out their
vacation per Section F above.
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ARTICLE 27 - LEAVE OF ABSENCE
Leave without pay for up to one week per year may be granted by the Department Head
up to 40 hours per year for non-shift employees and 56 hours per year for shift employees.
When possible, such leave requests shall be in writing and approved in advance. All
other leave of absence requests shall be handled in accordance with Section 2.36.460 of
the Personnel Rules and Regulations.
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ARTICLE 28 - HOLIDAYS
A. The following days of each year are designated as paid holidays:
January 1 - New Year's Day
Third Monday in January - Martin Luther King Day
Third Monday in February - President’s Day
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September - Labor Day
November 11 - Veteran's Day
Fourth Thursday in November - Thanksgiving Day
Friday after Thanksgiving
December 25 - Christmas
One-half day before Christmas
One-half day before New Year's
Two Floating (8 hour) Holidays (non-shift employees only)
When a holiday falls on a Saturday, the preceding Friday shall be observed.
When a holiday falls on a Sunday, the following Monday shall be observed.
B. Each employee on 24-hour shift duty shall earn 145.6 hours of holiday leave
annually, in lieu of fixed holidays. The holiday leave shall be advanced to the
employee effective the payroll period that January 1st falls within. Such holiday
leave may be taken off by the employee as provided in the current departmental
Operations Manual (G.O. 204.03).
Each calendar quarter, an employee has the option of receiving payment for one-
fourth (1/4) of his/her advanced holiday leave. Any holiday leave remaining as of
December 31st of each year will be paid to the employee at the straight time rate
the payroll period that January 1st falls within.
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If an employee terminates for any reason, having taken off hours in excess of
his/her prorated share, the value of the overage will be deducted from the
employee's final paycheck.
C. Floating (8 hour) holidays for non-shift employees shall be accrued on a semi-
monthly basis and added to the vacation accrual. Use, carry-over, accumulation,
etc., of such vacation shall be subject to the same rules and procedures that cover
all accrued vacation.
Effective January 2019, the two floating holidays (16 hours) for non-shift
employees will be provided in a floating holiday leave bank the pay period that
January 1st falls within rather than being accrued on a semi-monthly basis.
Employees will have the ability to use floating holiday leave hours at any point
during the calendar year. Unused floating holiday leave will not be carried over
year to year but can be taken through December 31st of each year.
If an employee terminates for any reason, having taken off hours in excess of
his/her prorated share of the floating holiday, the value of the overage will be
deducted from the employee's final paycheck.
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ARTICLE 29 - BEREAVEMENT LEAVE
At each employee's option, absence from duty due to the death of a member of the
employee's immediate family, meaning spouse/domestic partner, child, brother, sister,
parent, parent-in-law, step-parent, step-brother, step-sister, grandparent, or any other
relative living in the same household, provided such leave as defined in this section shall
not exceed five (5) working days or the shift equivalent (56 hrs.) from each incident. The
employee may be required to submit proof of relative's death before being granted sick
leave pay. False information given concerning the death of relationship shall be cause
for discharge.
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ARTICLE 30 - SICK LEAVE
Sick leave is governed by Section 2.36.420 of the Municipal Code. Each incumbent of a
line-item position shall accrue sick leave with pay at the rate of twelve days (96 hours) or
the shift equivalent (134.4 hours) per year of continuous service since the benefit date.
Upon retirement the employee may choose: 1) a payout of the employee’s accumulated
sick leave balance based on years of service according to the following schedule, 2) to
convert a portion or all of the employee’s sick leave balance to service credit in
accordance with CalPERS regulations, or, 3) a combination of these two options.
Upon termination by death of the employee a percentage of the dollar value of the
employee’s accumulated sick leave will be paid to the designated beneficiaries according
to the following schedule:
1. Death - 50% Such payment shall be made within seventy-two hours of notice to
the City of an employee's death.
2. Retirement and actual commencement of PERS benefits:
a. After ten years of continuous employment (for all employees except Battalion
Chiefs) - 10%
b. After twenty years of continuous employment (for all employees except
Battalion Chiefs) - 15%
c. After twenty years of continuous employment (Battalion Chiefs only) – 20%
d. After twenty-five years of continuous employment (Battalion Chiefs only) – 25%
e. After 30 years of continuous employment (Battalion Chiefs only) – 30%
3. Job-related disability retirement and actual commencement of PERS benefits (for
all employees except Battalion Chiefs) - 75% with a maximum of 1000 hours payoff
(75% of 1333.3 accrued hours.)
4. Job-related disability retirement and actual commencement of PERS benefits (for
Battalion Chiefs only) - 50% with a maximum of 750 hours payoff (50% of 1,500
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accrued hours.) Any balance of sick leave that remains after payoff will be forfeited.
Sick leave cannot be used to postpone the effective date of an industrial disability
retirement.
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ARTICLE 31 - FAMILY LEAVE
A. An employee may use up to 48 hours (67.2 hours for shift employees) of sick leave
per calendar year if required to be away from the job to personally care for a
member of his/her family.
B. An employee may take up to seven (7) days (56 hours) of sick leave per calendar
year or the shift equivalent (78.4 hours) if the family member is part of the
employee's household and is hospitalized. The employee shall submit written
verification of such hospitalization.
C. For purposes of this article, a family member is defined as spouse or registered
domestic partner, child, brother, sister, parent, parent-in-law, step-parent, step-
brother, step-sister, grandparent, or any other relative as defined by Labor Code
Section 233 and/or Assembly Bill 1522.
D. The amounts shown in A, B, and C above are annual maximums, not maximums
per qualifying family member.
E. In conjunction with existing leave benefits, unit employees with one year of City
service who have worked at least 1,250 hours in the last year may be eligible for
up to 12 weeks of Family/Medical Leave within any 12-month period.
Family/Medical leave can be used for:
• A new child through birth adoption or foster care (maternal or paternal
leave).
• A seriously ill child, spouse or parent who requires hospitalization or
continuing treatment by a physician.
• Placement of an employee's child for adoption or foster care.
• A serious health condition which makes the employee unable to perform the
functions of his or her position.
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This leave shall be in addition to leave available to employees under the existing
four-month Pregnancy Disability Leave provided by California law. Paid leave, if
used for family leave purposes or personal illness, will be subtracted from the 12
weeks allowed by the Family/Medical Leave Program. Employees must use all
available sick, vacation, compensatory time, holiday, and administrative leave prior
to receiving unpaid Family/Medical Leave.
Employees on Family/Medical Leave will continue to receive the City's contribution
toward the cost of health insurance premiums. Only City group health insurance
premiums will be paid by the City.
If an employee does not return to work following Family/Medical Leave, the City
may collect the amount paid for health insurance by the City during the leave.
There are two exceptions to this rule.
1. The continuation of a serious health condition of the employee or a covered
family member prevents the return.
2. Circumstances beyond the employee's control. Further details on
Family/Medical Leave are available through the City's "Guide to
Family/Medical Leave Program".
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ARTICLE 32 - WORKERS' COMPENSATION LEAVE
Any employee who is absent from duty because of on-the-job injury in accordance with
state workers' compensation law and is not eligible for disability payments under Labor
Code Section 4850, shall be paid the difference between his base salary and the amount
provided by workers' compensation law during the first 90 business days of such disability
absence.
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ARTICLE 33 - MODIFIED WORK ASSIGNMENT
A modified work assignment is generally administrative in nature and may require the
individual to sit at a desk, operate a computer, drive a vehicle, and engage in minimal
walking. The employee may receive work assignments in one or more of the
Department’s program areas: Administration, Training, Hazard Prevention, Technical
Services, Disaster Preparedness, Emergency Response, or Communications. The
schedule is typically 40 hours a week with the employee working under the supervision
of the Fire Chief, Deputy Fire Chief, or a Battalion Chief. Depending upon the employee’s
limitations, abilities, and the needs of the Department, s/he may be assigned to shift work.
There are two methods for placing a person on modified duty:
1. At the employee’s request during a recovery period (minimum of two weeks)
due to an off-duty injury or illness.
2. At the request of the City because of a Worker’s Compensation injury.
Off-Duty Injury - An employee notifies the Fire Chief that s/he would like to be placed on
a 40-hour modified duty administrative work assignment. The Fire Chief, or designee,
would review the temporary modified work restrictions provided by the employee’s doctor.
The Department typically has a variety of tasks that a person might be assigned to work
on. In accordance with past practice, as long as a legitimate modified work assignment
is available (minimum of two weeks), the Fire Chief will accommodate this request.
Worker’s Compensation Injury - An employee is on Worker’s Compensation injury leave
is provided temporary modified work restrictions and the Fire Chief knows of a possible
modified work assignment. The Fire Chief, or designee, would notify the employee of the
modified work assignment available. Employees on Worker’s compensation certified by
a doctor for a modified work assignment may lose benefits if they refuse available
modified work assignment based on Worker’s compensation law.
Once an employee is released to light-duty, a Personnel Action Form is initiated and all
leave balances (Holiday, Vacation, Sick Leave, etc.) are changed to reflect a 40-hour
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work week. It should be noted that any leave taken during this light-duty period is taken
at the 40-hour work week accrual rate and no FLSA is given.
The employee would transfer to a modified work assignment as soon as the employee
has completed his/her FLSA period (the FLSA period runs concurrent with the A shift’s
schedule).
To ensure all FLSA provisions are met, the hours previously worked in the pay period will
be reviewed with the employee prior to setting up the work schedule. Once the employee
has received a doctor’s release to return back to full-duty and it has been approved by
the Fire Chief, the employee will return to their appropriate shift on their next scheduled
work day, assuming this return schedule does not trigger overtime in excess of regular
FLSA overtime. If excess overtime would be triggered, the employee will return to work
on the earliest date that will not trigger excess overtime.
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ARTICLE 34 - SAFETY
The Union and the City agree to address Departmental and citywide safety concerns
through the City's Safety Committee and the Communication Process outlined in
Article 7.
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ARTICLE 35 - RETIREMENT
A. PERS Contracts
1. “Classic Members First Tier” sworn members hired before July 1, 2012
and non-sworn members hired before December 6, 2012.
The City agrees to provide the Public Employees' Retirement System's
(PERS) Safety 3% at age 50 plan to all sworn personnel and the 2.7% at
age 55 plan to all non-sworn personnel. The 3% at age 50 plan includes
the following amendments: Post Retirement Survivor Allowance,
conversion of unused sick leave to additional retirement credit, the 1959
Survivor's Benefit, one-year final compensation, Military Service Credit, and
Pre-Retirement Optional Settlement 2 Death Benefit. The 2.7% at 55 plan
includes the following amendments: 1959 survivor's Benefit, conversion of
unused sick leave to additional retirement credit, one-year final
compensation, Military Service Credit and Pre-Retirement Optional
Settlement 2 Death Benefit.
2. “Classic Members Second Tier” sworn members hired on or after July 1,
2012 and non-sworn members hired on or after December 6, 2012.
The City agrees to provide the PERS Safety 3% at age 55 plan to all sworn
personnel and the 2% at age 60 plan to non-sworn personnel using the
highest three year average as final compensation. The 3% at age 55 plan
includes the following amendments: Post Retirement Survivor Allowance,
conversion of unused sick leave to additional retirement credit, the 1959
Survivor’s Benefit, Military Service Credit, and Pre-Retirement Optional
Settlement 2 Death Benefit. The 2% at age 60 plan includes the following
amendments: 1959 survivor’s Benefit, conversion of unused sick leave to
additional retirement credit, Military Service Credit, and Pre-Retirement
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Optional Settlement 2 Death Benefit.
3. “New Members Third Tier” sworn and non-sworn employees hired after
January 1, 2013. PERS determines who are “New Members” within the
meaning of the California Public Employees’ Pension Reform Act (PEPRA).
The City will provide the PERS 2% at age 57 retirement plan for sworn
personnel and 2% at age 62 retirement plan for non-sworn personnel, using
the highest three-year average as final compensation.
B. Member Contributions
1. “Classic Members First and Second Tier”
Effective the first full pay period in July 2013, employees began paying the
full member contribution required under the plan for first and second tier
sworn (9%) and non-sworn (8% and 7% respectively) personnel and the
City discontinued its payment of the member contribution. For purposes of
this Article, employee contributions are based on salary and special
compensation as defined by PERS.
Effective the first full pay period in July 2019, all sworn and non-sworn
personnel shall contribute 1.5% in addition to the employee contribution
defined in the paragraph above. Effective the first full pay period in July
2020, all sworn and non-sworn personnel’s additional contribution shall
increase to 3%, in addition to the employee contribution defined in the
paragraph above. These additional contributions are in accordance to the
provisions of AB 340, §7522.30 and §20516.
All of the employee contributions are made on a pre-tax basis as allowed
under Internal Revenue Service Code Section 414 (h) (2).
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2. “New Members Third Tier”
Effective on their date of hire, new members will pay 50% of the normal
cost, as determined by PERS.
Effective the first full pay period in July 2019, all sworn and non-sworn new
members shall contribute 1.5% in addition to the employee paying 50% of
the normal cost. Effective the first full pay period in July 2020, all sworn and
non-sworn employees’ contribution shall increase to 3%, in addition to the
employee paying 50% of the normal cost. These additional contributions
are in accordance to the provisions of AB 340, §7522.30 and §20516.
All of the employee contributions are made on a pre-tax basis as allowed
under Internal Revenue Service Code Section 414 (h) (2).
C. Contract Amendment with PERS
The City will submit a contract amendment to PERS requesting the employee
contributions effective July 2019 and 2020 (1.5% and 3% respectively) be
considered contributions to the employees account. PERS currently requires a
secret ballot election among the employees affected to change the employees’
rate of contribution. The contract cannot be amended if a majority of the affected
members vote to disapprove the proposed plan. In the event a secret ballot is
required by State Law and the Fire membership does not vote to approve the
contract amendment, the additional contributions will still be required in
accordance to the provisions of §20516(f). In this case the additional contributions
would not be credited to the employee’s PERS account as a normal contribution.
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ARTICLE 36 - HOURS
A. Employees assigned to a 24-hour shift schedule, shall work a shift schedule which,
over a period of one year, shall average approximately fifty-six (56) hours per
week.
For purposes of illustration only, a copy of the shift schedule pattern is set forth in
Appendix B.
The Department shall give no less than 15 days’ notice prior to changing a shift
assignment for non-emergency reasons.
A work shift is defined as a work period of twenty-four (24) hours, commencing at
0800 hours and continuing until the next day, ending at 0800 hours (8 a.m. to the
following 8 a.m.)
Within each work shift the work day will be from 0800 to 1700 hours. The work
day will be divided as follows:
08:00 – 12:00 Captain’s Priority
12:00 – 13:00 Lunch
13:00 – 17:00 Chief’s Priority/Captain’s Priority
The intent of Captain’s Priority is to create a productive schedule providing latitude
for necessary classes, rewards and individual’s priorities. Included in Captain’s
Priority is vehicle and station maintenance, fitness training and Captain’s projects
8-12 daily. Holidays and weekends are also Captain’s Priority times. In the event
a Chief’s priority needs to be scheduled during Captain’s priority time, every effort
will be taken to provide an equal amount of Captain’s priority time on that shift or
the earliest available shift.
B. Shift Exchange - The Fire Chief or his/her representative may authorize employees
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covered by this Agreement to exchange shift assignments with other department
employees of equal rank or qualifications for the position. Anyone working more
than 72 consecutive hours must contact the Battalion Chief for confirmation that
reasonable rest has been achieved.
C. Vacation Exchange – The Fire Chief or his/her representative may authorize
employees covered by this Agreement to exchange vacation leave with other
department employees of equal rank or qualifications for the position.
D. Early Relief - The Fire Chief or his/her representative may authorize employees
covered by this Agreement to relieve another department employee of equal rank
or qualifications for the position prior to the end of the scheduled shift.
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ARTICLE 37 - HEALTH/FITNESS
The City, the Department and the Union are desirous of implementing measures to
promote the well-being of employees and reduce the incidents of preventable accidents,
illnesses, and disabilities, and have, and shall continue to, work cooperatively to
encourage and develop an appropriate program to enhance physical fitness and health
and to establish required physical standards to be met by all employees. The parties
have agreed to implement the physical fitness program outlined in the "Health and Fitness
Maintenance Program".
The Union recognizes that it is the policy of the City to hire non-smokers in the Fire
Department. The Union further recognizes there is a fire department policy concerning
smoking in departmental facilities and vehicles. The parties agree that smoking poses
health risks to non-smokers as well as smokers.
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ARTICLE 38 - SALARY SURVEY CITIES
Cities to be used for review of salaries shall include:
• Davis
• Monterey
• Napa
• Petaluma
• Pleasanton
• Salinas
• Santa Barbara
• Santa Cruz
• Santa Maria
It is agreed that, during the negotiations to produce a successor Agreement, either party
may propose changes to the above list of cities. A revised, mutually agreed upon list,
may be used during the negotiations to produce a successor Agreement.
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ARTICLE 39 - LAYOFFS
In accordance with Personnel Rule 2.36.280, the City Council of San Luis Obispo shall
determine when layoffs are to occur. The human resources Director shall be responsible
for the implementation of a layoff order of the City Council in accordance with the
procedures outlined below:
A. After determining a layoff is needed within the Union, the order of layoffs shall be
as follows:
1. Temporary and contract employees, in the order to be determined by the
appointing authority;
2. Probationary employees (promotional probation excluded), in the order to
be determined by the appointing authority;
3. For regular employees within the Union, layoffs shall be governed by
seniority and job performance. Seniority is established by time in service
within the Union. That is, the last employee hired into the bargaining unit
shall be the first employee laid-off. Job performance categories shall be
defined as follows.
Category 1:
Performance that is unsatisfactory, below standard, needs improvement,
unacceptable or does not meet minimum standards.
Performance defined by this category is evidenced by an employee’s two
most recent performance evaluations with an overall rating that falls within
the lowest two categories of the performance appraisal report.
Category 2:
Performance that is competent, superior, meets expectations, meets
performance standards, exceeds performance standards and expectations,
or is outstanding.
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Performance defined by this category is evidenced by an employee’s two
most recent performance evaluations with an overall rating that falls within
the top two to three performance categories of the performance appraisal.
A regular employee being laid off shall be that employee with the least
seniority in the Union and who is in the lowest job performance category.
Employees in Category 1 with the lowest seniority will be laid off first,
followed by employees in Category 2. Should the two performance
evaluations contain overall ratings that are in the two different categories as
defined above, the third most recent evaluation overall rating shall be used
to determine which performance category the City shall use in determining
order of layoffs.
4. Transfer to another department in lieu of layoff is authorized, upon approval
of the department heads, if there is a vacancy and the employee meets the
minimum job requirements.
B. Laid-Off Employees on Re-employment List
1. The names of employees who have been laid-off shall be placed on the
appropriate Re-employment List. The recall of employees will be in reverse
order of layoff, depending upon City requirements.
2. Names of employees laid-off shall be placed on a re-employment list for a
period of two years. They will be offered re-employment only once before
being removed from the list for the job they held before being laid-off. Re-
employment lists shall be used for filling those classes requiring
substantially the same minimum qualifications, duties and responsibilities
of the class from which the layoff was made.
C. Appointment of Laid-Off Employees to Vacant Class
1. An appointing authority may, with the approval of the Department Head and
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the human resources Director and in agreement with the employee, appoint
an employee who is to be laid-off to a vacancy in a vacant class for which
he or she is qualified. He/she will still remain on the re-employment list for
the job from which he/she was laid-off.
D. Employee Reassignments (bump back procedure) for IAFF Local 3523
1. Employees who have been promoted during their service with the City may
bump back in their career series to a position they formerly held, if there is
an employee in the lower classification with less seniority than the employee
who wants to bump back. Seniority for the purpose of this section shall
mean time in service, as a regular employee, within the Union. For
example, an employee attempting to bump back to Engineer from Captain
would utilize his/her combined time within the Union, firefighter, engineer or
captain, in determining whether or not he/she had more seniority than an
individual in the Engineer classification. The intent is to have the last person
hired into the Union be the first person to be laid-off.
2. Reassignment rights may be exercised only once in connection with any
one layoff and shall be exercised within 20 calendar days from the date of
the notice of the layoff, by written notice from the employee.
3. The bumping right shall be considered exercised by the displacement of
another employee with lesser total seniority or by the acceptance of a
vacant position in the class with the same or lower salary.
4. Employees who are reassigned (bump back) are to be placed on an open
re-employment list for the position they have vacated.
5. Employees on layoff shall be offered re-employment in the inverse order of
layoff, provided no intervening factors have occurred which essentially
change the ability of the employee to perform the offered employment.
E. The City will notify recognized employee organizations of the effective date of any
reduction in force concurrent with the notice to the affected employee(s) pursuant
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to F, below.
F. Notice of layoff to Employees
1. An employee to be laid-off shall be notified in writing of the impending action
at least thirty (30) calendar days in advance of the effective date of the
layoff. The notice shall include the following information.
a. Reason for layoff.
b. Effective date of layoff.
c. Employee rights as provided in these rules.
G. Removal of Names from Re-employment Lists
1. The human resources Director may remove an employee’s name from a re-
employment list if any of the following occur:
a. The individual indicates that he/she will be unable to return to
employment with the City during the life of the list; or
b. The individual cannot be reached after reasonable efforts have been
made to do so. The City shall utilize certified mail when contacting
individuals; or
c. The individual refuses one re-employment offer at his/her previous
job. Individuals shall have ten (10) days to respond to the offer of re-
employment and an additional thirty (30) days to return to work.
H. Employee Rights and Responsibilities
1. In addition to others identified herein, employees affected by these
procedures shall have the following rights:
a. Through prior arrangement with his/her immediate supervisor an
employee who has been notified of his/her impending layoff shall be
granted reasonable time off without loss of pay to participate in a pre-
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scheduled interview or test for other employment.
b. An employee who has been laid-off shall be paid in full for his/her
unused accrued vacation leave and holiday leave on the effective
date of the layoff.
c. When an individual is reemployed he/she shall be entitled to:
1) Retain his/her seniority date.
2) Accrue vacation leave at the same rate at which it was
accrued at the time of the layoff.
3) Have any unused sick leave reinstated.
4) The same retirement package prior to layoff, assuming that
the employee has not withdrawn his/her PERS funds. If an
employee has withdrawn funds, he/she will be reinstated to
the retirement package which is currently in effect for all newly
hired employees unless the employee notifies PERS within 90
days that he/she wishes to redeposit the withdrawn funds.
2. An individual reemployed into the job from which he/she was laid off shall
be assigned to the same salary range and step he/she held at the time of
the layoff. An individual reemployed into a job classification other than the
classification from which he/she was laid off shall be assigned to the salary
range of the new classification at the amount closest to the salary he/she
earned at the time of the layoff.
3. When an individual has been reemployed after a layoff by bumping back to
a lower job classification prior to being laid-off, he/she will be placed on a
re-employment list for the higher job classification held prior to bumping
back.
4. A probationary employee who is reemployed shall be responsible for
completing his/her probationary time commitment. Similarly, an individual
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who is reemployed shall complete, upon return to the job, the same work
time he/she would have had to work at the time of the layoff to attain a
higher vacation leave accrual rate or to become eligible for a salary step
increase.
5. The intent of the layoff policy is to have the last hired the first laid off.
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ARTICLE 40 - WORK ACTIONS
Participation by an employee in a strike or a concerted work stoppage shall be deemed
to pose an imminent threat to public health or safety and is unlawful, furthermore, it shall
terminate the employment relation. Provided however that nothing herein shall be so
construed as to affect the right of any employee to abandon or to resign his employment.
1. Employee organizations shall not hinder, delay, interfere with, nor coerce
employees of the City to hinder, delay, or interfere with, the peaceful performance
of City services by strike, concerted work stoppage, cessation of work, slow-down,
sit-down, stay-away, or unlawful picketing.
2. In the event that there occurs any strike, concerted work stoppage, or any other
form of interference with or limitation of the peaceful performance of City services
prohibited by this Article, the City, in addition to any other lawful remedies or
disciplinary actions, may, by action of the Municipal Employee Relations Officer
cancel any or all payroll deductions, prohibit the use of bulletin boards, prohibit the
use of City facilities, and withdraw recognition of the employee organization or
organizations participating in such actions.
3. Employee members of any employee organization shall not be locked out or
prevented by management officials from performing their assigned duties when
such employees are willing to perform such duties in the customary manner and
at a reasonable level of efficiency.
Any decision made under the provisions of this Section may be appealed to the City
Council by filing a written Notice of Appeal with the City Clerk, accompanied by a complete
statement setting forth all of the facts upon which the appeal is based. Such Notice of
Appeal must be filed within ten (10) working days after the affected employee organization
first received notice of the decision upon which the complaint is based, or it will be
considered closed and not subject to any other appeal.
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ARTICLE 41 - FIREFIGHTER RECRUITMENT
A. The Chief, in consultation with the President of the Local 3523, will determine the
type of Firefighter recruitment to be conducted (e.g. entry level, lateral, paramedic,
etc.) based on the operational needs of the department. A current eligibility list
will be maintained and firefighters will go through the approved department
academy, as set forth in General Operations 501.03.
B. Firefighter Apprentices will be allowed to apply for entry-level firefighter positions
outside the limitation on the number of applications to be accepted. For a given
recruitment, if the number of applications received by the City for entry-level
firefighter positions is to be limited, the limit will not be less than 100.
C. For new entry-level firefighters, the State Fire Marshal's Firefighter I certification
will be required. For new entry-level firefighter paramedics, a minimum of
Firefighter I Academy certification is required. All other employment standards
remain the same.
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ARTICLE 42 - PROBATIONARY PERIOD
All appointments to classifications listed in Appendix “A”, including promotional
appointments, shall be subject to a probationary period of one year. The probationary
period may be extended if further employee evaluation is deemed necessary for up to six
months upon the written recommendation of the Fire Chief and the written approval of the
Human Resources Director.
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ARTICLE 43 - RESIDENCY REQUIREMENT
All shift personnel must live within one hundred and twenty (120) miles travel distance
from the City limits to their permanent residence.
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ARTICLE 44 - STAFFING
A. The number of authorized positions in the Fire Department represented by the
Local 3523 is 3 Battalion Chiefs, 12 Fire Captains, 15 Fire Engineers, 12
Firefighters, 1 Fire Vehicle Mechanic, 3 Fire Inspectors, 1 Hazardous Materials
Coordinator. A minimum of 24 Paramedics within the ranks of Captain, Firefighter,
and Engineer is authorized. One Paramedic Captain (included as one of the 24
Paramedics) will be assigned per shift. If it becomes necessary for the City to
exercise its management right to change those staffing levels, the City
acknowledges its responsibility to meet and confer with the Union on the impacts
of any such changes.
B. Constant Staffing provides for a mandated minimum of fourteen (14) Firefighters
on-duty every day including the Battalion Chief. Nothing in this section precludes
the Fire Chief from hiring additional full-time staff to meet Constant Staffing
minimum requirements. Mandated overtime will be used to maintain the fourteen
(14) per day minimum.
Adjustments to daily staffing: Events and/or community risk levels may require the
Fire Chief to increase the mandated minimum staffing level to be maintained.
C. There will be no reserve program implemented during the term of this agreement.
D. The present status of the Apprentice Program does not impact on the bargaining
unit integrity. The City recognizes its obligations to meet and confer on any future
impacts of the Apprentice Program on the bargaining unit.
E. In the absence of the Battalion Chief, the Fire Chief or Deputy Chief may act as
Battalion Chief as described in Emergency Operations Section 517.00 “Draw
Down”.
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ARTICLE 45 - SENIORITY BIDDING FOR STATION ASSIGNMENT
A. Intent
Utilize seniority in rank as an empowerment tool for employees in the ranks of BC,
Captain, Engineer, and Firefighter to determine “bid staffing.”
B. Definitions
Bid Staffing: The station and shift assignment awarded to an individual based on
his/her rank and assignments at the time of the bid.
The bid staffing process is defined below. Each member will remain in their
selected bid staffing assignment until they choose to utilize their bid for a vacant
position, agree to a mutual, or are distributed based on department need as
described below.
C. Bid Procedure
In the event of a new permanent Firefighter, Fire Engineer or Fire Captain vacancy
and upon determination by the Chief to fill the vacancy, the bid spot shall be
declared vacant and available for bid from members of the same rank.
1. Bid selection will be based on seniority in rank using the department’s
master seniority list.
2. Probationary firefighters will not be included in the bid process until the
completion of probation.
3. Each member will only be allowed to accept one bid per 180-day period
(once every six months).
4. After a bid has been closed, any remaining vacancies shall not be filled for
30 days.
5. Bid assignments requiring movement from one shift to another will begin
the first day of the first full F.L.S.A. period following selection.
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6. An employee’s voluntary request to move from one shift to another to fill a
vacant bid spot may be granted with less than 15 days’ notice of the start of
the FLSA period.
D. Process
1. Battalion Chiefs shall be the first to bid.
2. The President and Vice President of Local 3523 will have the opportunity
for the second and third bid selection during each term as president or vice
president. Once that bid has been used, future bids during the remaining
term will be based on seniority in rank.
3. The remainder of the bid selection will follow department seniority with the
most senior member selecting first. The order of selection shall be by rank
in the following order: Captains, Engineers, and then Firefighters
4. Probationary firefighters will not be included in the station selection process
until they have completed their probationary period. Upon completion of
firefighter probation if their current assignment is vacant, that vacancy will
go out to bid selection for the entire department.
E. Mutual Bid
Upon request from two members of equal rank and specialty skill designation for
a mutual exchange of their bid assignments, the Battalion Chief, Company
Officers, and a union representative of the members making the request shall meet
and evaluate the request for approval or denial. If the request for the mutual is
accepted those employees involved will have used their one bid for the year. If the
request for mutual exchange is denied, the applicants can utilize the IRC for review
of that decision.
To ensure equity throughout the entire bid process, mutual transfers are subject to
the following additional requirements:
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1. The bid transfer must be effective for a minimum of 12 months.
2. If within that 12-month period either party involved separates or promotes,
the remaining party must comply with the following:
a. The original station occupied by the person vacating will be put up
for bid, and the remaining parties can bid for that position. If the
mutual member is unsuccessful in obtaining that bid, then that
member returns to his/her previous assignment, and recovers bid
rights after the remainder of the 12-month period.
F. Distribution
Each crew will have a Paramedic assigned to it from the ranks of the Engineer or
Firefighter. Captains may fill into the paramedic pool if there are not enough
Paramedics within the Firefighter/Engineer rank. Each shift will have one of the
three Paramedic Coordinators. Paramedic Coordinators will be a minimum 2-year
commitment and only vacated voluntarily or as determined by the Fire Chief. The
Captain taking the position of Paramedic Coordinator would not be the primary
paramedic on their selected crew except for extenuating circumstances (e.g. a
shortage of paramedics). Each shift will have paramedics evenly distributed
depending on the size of the paramedic pool (example: pool of 24, 8 medics per
shift). No bid staffed crews shall have three bid-assigned paramedics if any other
crew does not already have two bid-assigned paramedics. Seniority will be used
to determine which personnel are moved to and from crews with paramedic staffing
insufficiencies.
Hazardous Materials Team Members will be evenly distributed to ensure at least
one Hazardous Materials Team Member is assigned to each shift. Seniority will be
used to determine which personnel are moved to and from shifts with Hazardous
Material Team Member staffing insufficiencies.
All corrections to completed bids will take place with the Battalion Chief and a shop
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steward to make sure that paramedics, paramedic coordinators, and hazardous
materials team members are represented on all three shifts.
Individuals bidding for assignment as the Station 1 Captain shall be subject for
interview by the Shop Steward and the appropriate Battalion Chief prior to bid
selections being finalized.
Individuals working out of grade will work at the station at which the vacancy is
occurring. Selection of the individuals who will work out of grade is to remain
consistent with existing policies. Vacancies created by promotion or retirements
are to be filled by the newly promoted individuals once the bid has been completed.
Administration of the Fire Department recognizes and supports the premise that
placing employees at stations of their preference is typically beneficial. The Fire
Department Administration needs a degree of flexibility to accomplish the following
goal:
1. Allow for mentoring
2. Conflict resolution
Station bid adjustments by Fire Department Administration shall be accompanied
by written justification as to the perceived need.
After initial placement, movement of personnel shall be for a maximum period of
six months. At the end of this six-month period, the effected personnel shall return
to their station of choice, unless otherwise articulated in writing citing reasons for
moves for more than six months or for permanent relocation.
Except in extraordinary circumstances no movement of personnel will be initiated
during the months of November and December.
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When movement of personnel is initiated by the Department and is not due to any
fault of the individual(s), the Department will honor all approved time off requests
based on prior commitments by the moved employee.
G. Issue Resolution Committee
Intent:
The intent of the Issue Resolution Committee is to resolve staffing issues at the
lowest possible level with structured collaboration.
Committee membership:
The Issue Resolution Committee (IRC) will consist of two members from
management. The President of Local 3523 will appoint two members from the
employee’s bargaining unit. A fifth member will be chosen by the above four
members. The Fire Chief or the labor President can substitute the members from
management and labor, respectively, for cause.
Issue Resolution:
Local 3523, through their Board of Directors, or Fire Department Administration,
through the Fire Chief, can bring issues to the Committee. Ideally, the IRC will
convene within five business days of receipt of an issue of concern or a question
of process. Issues will be decided based on the information presented to the
committee. Issues or questions will be considered resolved by a vote of 4 out of 5
committee members.
The IRC will review the overall program as it relates to program and department
goals annually or as needed. When appropriate based on the subject matter,
unresolved issues will be addressed at the next contract negotiations.
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The IRC will attempt to resolve issues of a personnel nature, i.e. station placement,
or an interpretation of the process, as they come up. If the committee cannot
resolve an issue, the Fire Chief will resolve the issue.
By mutual agreement of Local 3523 and Fire Department Administration, this
program can be discontinued at any time.
All committee members performing the duties of this committee while off duty will
be compensated (at straight time), hour for hour.
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ARTICLE 46 - DISCIPLINARY PROCEDURE
A. Purpose
The efficient operation of the San Luis Obispo Fire Department (SLOFD) is
dependent on a well-disciplined, cohesive organization. The City and Association
agree that occasions will occur when an employee’s performance and/or behavior
must be reviewed in order to ensure that the mission of the department is not
adversely impacted. The authority for disciplinary action is outlined in the City of
San Luis Obispo’s Personnel Rules and Regulations, 2.36.320. The Personnel
Rules and Regulations will take precedent if there is a conflict between those Rules
and Regulations and this Policy or if not addressed herein.
B. Investigations
It is the responsibility of the Fire Chief, all Chief Officers, and all Company Officers
to maintain discipline and carry out the directive of the department. Any incident or
behavior which does not conform to City and Fire Department policies/procedures
shall be disciplined in the most appropriate manner.
1. When the Fire Chief or any Chief/Company Officer either observes or is
reasonably made aware of an incident that may warrant punitive discipline,
he/she must first determine whether an investigation is necessary. Prior to
conducting an investigation of an incident, the Fire Chief or a
Chief/Company Officer should consult with the Human Resources Director,
as appropriate. The investigation shall be conducted in a fair, objective and
impartial manner under the rules set forth in the “Weingarten Rule”.
2. When any employee is under investigation and subjected to questioning by
his or her commanding officer or any other member of the department that
could lead to punitive action, the questioning shall be conducted under the
following conditions. For the purpose of this chapter, punitive action means
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any action that may lead to dismissal, demotion, suspension, reduction in
salary, permanent written reprimand, or transfer within the Department for
purposes of punishment. Transfer within the Department for the good of the
Department or a notice to correct are excluded from the definition of
punitive.
Section B shall not apply to any questioning of an employee in the normal
course of duty, counseling, instruction, or informal verbal admonishment by,
notice to correct, or other routine or unplanned contact with, a supervisor or
any other employee, nor shall this section apply to an investigation
concerned solely and directly with alleged criminal activities.
a. The questioning shall be conducted at a reasonable hour, preferably
at a time when the employee is on duty or during the normal waking
hours for the employee, unless the seriousness of the investigation
requires otherwise. If the questioning does occur during off-duty time
of the employee being interrogated, the employee shall be
compensated for any off-duty time in accordance with regular
department procedures.
b. An employee under investigation has the right to request the rank,
name, and command of the officer in charge of the questioning, the
questioning officer, and all other persons to be present during the
questioning. All questions directed to the employee under
questioning shall be asked by and through no more than two
investigators at one time.
c. The questioning session shall be for a reasonable period taking into
consideration the gravity and complexity of the issue being
investigated. The person under questioning shall be allowed to
attend to his or her own personal physical necessities.
d. The employee under investigation shall not be subjected to offensive
language, or conduct, or threatened with punitive action, except that
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an employee refusing to respond to questions or submit to
questionings shall be informed that failure to answer questions
directly related to the investigation or questioning may result in
termination. No promise of reward shall be made as an inducement
to answering any question. The employer shall not cause the
employee under questioning to be subjected to visits by the press or
news media without his or her express consent nor shall his or her
home address or photograph be given to the press or news media
without his or her express consent.
e. The complete questioning of an employee under investigation may
be recorded. If the City records the questioning, the employees shall
be provided a copy of the tape upon request. The employee being
interrogated shall have the right to bring his or her own recording
device and record the questioning. If the employee exercises this
right, the City shall be provided a copy of the tape upon request.
f. Employees who have criminal charges pending regarding an incident
under investigation may assert their constitutional rights during the
investigation. Nevertheless, any employee refusing to cooperate in
an investigation is subject to disciplinary action including termination.
g. Employees shall be informed of their right to have a representative
present during questioning which may reasonably lead to punitive
disciplinary action. A reasonable time to obtain the representative
shall be given to the employee. The representative shall not be a
person subject to the same investigation. The representative shall
not be required to disclose, nor be subject to any punitive action for
refusing to disclose, any information received from the employee
under investigation.
h. In accordance with State Law, no employee shall be compelled to
submit to a lie detector test against his or her will. No disciplinary
action or other recrimination shall be taken against an employee
refusing to submit to a lie detector rest, nor shall any comment be
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entered anywhere in the investigator’s notes or anywhere else that
the employee refused to take, or did not take, a lie detector test, nor
shall any testimony or evidence be admissible at a subsequent
hearing, trial, or proceeding, judicial or administrative, to the effect
that the employee refused to take, or was subjected to, a lie detector
test. For the purpose of this section, “lie detector” means polygraph,
deceptograph, voice stress analyzer, psychological stress analyzer,
or any other similar device, whether mechanical or electrical, that is
used, or the results of which are used, for the purpose of rendering
a diagnostic opinion regarding the honesty or dishonesty of an
individual.
i. No employee shall have his/her assigned locker searched except 1)
in his/her presence, or 2) with his/her consent, or 3) where he/she
has been notified that a search will be conducted and has failed to
respond within a reasonable timeframe, or notwithstanding the
above, 4) when a valid search warrant has been obtained.
C. Post Investigation/Pre-Discipline Procedure
1. Upon the conclusion of an investigation, those conducting the investigation
shall forward the complete investigation to the Fire Chief who in consultation
with the Human Resource Director or designee shall determine the level of
discipline that is most appropriate. The following constitutes the levels of
progressive discipline:
Non-Punitive Corrective Action
a) Oral counseling;
b) Oral reprimand with written documentation;
c) Notice to Correct – 1 year in file;
d) Transfer (within the Department) for the good of the Department (i.e.
safety, cohesion).
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Punitive Discipline
e) Official Reprimand – permanent;
f) Suspension/Reduction in compensation;
g) Transfer (within the Department) for purposes of punishment;
h) Demotion;
i) Termination.
Note: Deviations from progressive discipline may occur whenever the
circumstances warrant that one or more steps in the progressive disciplinary
process be skipped. For example, suspension or termination may occur as
the first level of discipline in appropriate circumstances.
2. Disciplinary action will be handled as outlined in 2.36.330 of the Personnel
Rules and Regulations
3. Corrective action is final.
D. Post-Discipline Appeal Rights
The Post-Discipline procedures will be in accordance with, Sections 2.36.340 and
2.36.350 of the Personnel Rules and Regulations except, however, for employees
represented by SLOFA, Local 3523, Section 2.36.340, C shall be modified to
provide that appeals of disciplinary suspensions of two days or less shall have at
the employee’s request the right of appeal to either the City Manager or to the
Personnel Board, provided the appeal to the Personnel Board is supported in
advance by the Executive Board of SLOFA, Local 3523. Appeals of discipline in
excess of two days shall be made to a hearing officer as set forth in section
2.36.340 B. Appeals to the Personnel Board will be heard in accordance with
Personnel Rules and Regulations Section 2.36.350 – Disciplinary action –
Hearings.
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Note: If the provisions of Sections 2.36.340C in the future are modified to reduce the
threshold for suspensions to the City Manager or to alter the appeal process
applicable to members of SLOPOA, the same provisions will be extended to SLOFA,
Local 3523.
E. Personnel File
The employee must be given the opportunity to review and sign any document
adverse to his/her interests prior to its placement in his/her personnel file.
At reasonable times and at reasonable intervals, upon the request of an employee,
during usual business hours and with 24-hour notice, with no loss of compensation
to the employee, permit that employee to inspect their personnel files that are used
to have been used to determine that employee’s qualifications for employment.
If, after examination of the employee’s personnel file, the employee believes that
any portion of the material is inappropriately or mistakenly placed in the file, the
employee may request, in writing to the Human Resource Director, that the
inaccurate or inappropriate portion be corrected or deleted. Any request made
pursuant to this subdivision shall include a statement by the employee describing
the corrections or deletions from the personnel file requested and the reasons
supporting those corrections or deletions. At the employee’s request, the Human
Resources Director shall hold an informal hearing to determine the final disposition
of any documents in dispute pursuant to this section. At the hearing, the employee
and City appointing authority may present evidence and argument in support of
their respective positions. The Human Resource Director’s decision as to the
disposition of the request is final with no further administrative appeal.
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ARTICLE 47 - FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on all
negotiable issues between the City and the Union. This Agreement supersedes all
previous Memoranda of Understanding or Memoranda of Agreement between the City
and the Union except as specifically referred to in this Agreement. During the life of this
Memorandum of Agreement, should either party desire to modify its terms or to meet and
confer with respect to matters within the scope of representation, such party shall request
in writing to meet and confer on such item(s), which item(s) shall be specified in writing.
During the life of this Memorandum of Agreement, either party may refuse such a request
without explanation, and no unilateral action may be taken on the matter within the scope
of representation during the term of this agreement.
Should the City wish to take action on a matter which relates primarily to matters not
within the scope of representation, but impacts matters within the scope of representation,
it shall provide notice to the Union and afford the opportunity to meet and confer on the
impact of its decision(s). If a conflict arises between the MOA and General Operations or
any other policy and procedure, the MOA shall prevail.
Should the City propose to consolidate, merge, and/or contract out the Fire Service
function, it will give notice to the Union and meet and confer on any aspects of the
proposal which fall within the scope of representation.
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ARTICLE 48 - SAVINGS CLAUSE
If any provision of this Agreement should be held invalid by operation of law or by any
court of competent jurisdiction, or if compliance with or enforcement of any provision
should be restrained by any tribunal, the remainder of this Agreement shall not be affected
thereby, and the parties shall enter into a meet and confer session for the sole purpose
of arriving at a mutually satisfactory replacement for such provision within thirty (30) day
work period. If no Agreement has been reached, the parties agree to invoke the provision
of impasse under City Resolution 6620.
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ARTICLE 49 - RENEGOTIATIONS
Pursuant to Resolution No. 6287, (1989 Series): If either party wishes to make changes
to this agreement, that party shall serve upon the other its written request to negotiate as
well as its initial proposals for an amended Agreement. Such notice and proposals must
be submitted to the other party by September 1, 2020. If notice is properly and timely
given, negotiations shall commence no later than October 1, 2020.
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ARTICLE 50 - AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Agreement:
A. Local 3523’s principal authorized agent shall be the President (email:
president3523@gmail.com, mailing address: 2160 Santa Barbara Avenue, San
Luis Obispo, California 93401; telephone: (805) 550-0191.
B. Management's principal authorized agent shall be the Human Resources Director
or his/her duly authorized representative (mailing address: 990 Palm Street, San
Luis Obispo, California 93401; telephone: (805) 781-7250).
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APPENDIX A - CLASSIFICATION
CLASSIFICATION CODE SALARY RANGE
Firefighter 6040 612
Fire Engineer 6020 615
Fire Vehicle Mechanic 6030 616
Hazardous Materials Coordinator 6165 617
Fire Captain 6010 621
Fire Inspector I 6198 626
Fire Inspector II 6200 630
Fire Inspector III 6202 633
Fire Battalion Chief 5010 505
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APPENDIX B - WORK SCHEDULE ILLUSTRATION
The City affirmatively restates its intent to apply the 7(k) exemption under the Federal
Labor Standards Act (FLSA) to this work schedule. For purposes of illustration only, the
shift schedule pattern for employees working a fifty-six (56) hour work week consists of
eight (8) twenty-four (24) hour on-duty periods within a twenty-four (24) day cycle which
is worked in accordance with the following chart:
X = 24-hour on-duty period
O = 24-hour off-duty period
SCHEDULE: XXOOOOXXOOOOXXOOOOXXOOOO
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APPENDIX C - SALARY RANGES
Salary Range Listing - January 1, 2018 - December 31, 2020
Date: March 2018
Title Annual Step 1 Annual Step 2 Annual Step 3 Annual Step 4 Annual Step 5 Annual Step 6
FIRE BATTALION CHIEF 111,722$ 117,598$ 123,786$ 130,312$ 137,176$ 144,404$
FIRE CAPTAIN 87,178$ 91,754$ 96,590$ 101,660$ 107,016$
FIRE ENGINEER 74,594$ 78,520$ 82,654$ 86,996$ 91,572$
FIRE FIGHTER 61,984$ 68,874$ 72,488$ 76,310$ 80,314$ 84,552$
FIRE INSPECTOR I 62,660$ 65,962$ 69,420$ 73,086$ 76,934$
FIRE INSPECTOR II 69,524$ 73,190$ 77,038$ 81,094$ 85,358$
FIRE INSPECTOR III 75,140$ 79,092$ 83,252$ 87,646$ 92,248$
FIRE VEHICLE MECHANIC 76,440$ 80,470$ 84,708$ 89,154$ 93,834$
HAZARDOUS MATERIALS COORD 89,856$ 94,588$ 99,554$ 104,806$ 110,318$
Date: July 2019
Title Annual Step 1 Annual Step 2 Annual Step 3 Annual Step 4 Annual Step 5 Annual Step 6
FIRE BATTALION CHIEF 113,958$ 119,964$ 126,282$ 132,938$ 139,932$ 147,290$
FIRE CAPTAIN 88,920$ 93,600$ 98,514$ 103,688$ 109,148$
FIRE ENGINEER 76,050$ 80,054$ 84,266$ 88,712$ 93,392$
FIRE FIGHTER 63,206$ 70,226$ 73,918$ 77,818$ 81,926$ 86,242$
FIRE INSPECTOR I 63,934$ 67,288$ 70,824$ 74,542$ 78,468$
FIRE INSPECTOR II 70,928$ 74,672$ 78,598$ 82,732$ 87,074$
FIRE INSPECTOR III 76,648$ 80,678$ 84,916$ 89,388$ 94,094$
FIRE VEHICLE MECHANIC 77,948$ 82,056$ 86,372$ 90,922$ 95,706$
HAZARDOUS MATERIALS COORD 91,650$ 96,486$ 101,556$ 106,912$ 112,528$
Date: July 2020
Title Annual Step 1 Annual Step 2 Annual Step 3 Annual Step 4 Annual Step 5 Annual Step 6
FIRE BATTALION CHIEF 116,246$ 122,356$ 128,804$ 135,590$ 142,714$ 150,228$
FIRE CAPTAIN 90,688$ 95,472$ 100,490$ 105,768$ 111,332$
FIRE ENGINEER 77,610$ 81,692$ 85,982$ 90,506$ 95,264$
FIRE FIGHTER 64,480$ 71,630$ 75,400$ 79,378$ 83,564$ 87,958$
FIRE INSPECTOR I 65,182$ 68,614$ 72,228$ 76,024$ 80,028$
FIRE INSPECTOR II 72,358$ 76,154$ 80,158$ 84,370$ 88,816$
FIRE INSPECTOR III 78,156$ 82,264$ 86,606$ 91,156$ 95,966$
FIRE VEHICLE MECHANIC 79,534$ 83,720$ 88,114$ 92,742$ 97,630$
HAZARDOUS MATERIALS COORD 93,496$ 98,410$ 103,584$ 109,044$ 114,790$
Summary of Changes: 1% COLA
Summary of Changes: 2% COLA
Summary of Changes: 2% COLA
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