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HomeMy WebLinkAboutUkiah Valley Fire District 2017-11-15C(91A- N 1. i 7 i - l y& Ukiah Valley Fire District and City of Ukiah Employee Transfer Agreement This Agreement is made and entered on NOVEIN f3 E P. /s , 2017, in Ukiah, California, by and between the Ukiah Valley Fire District ("District"), a county fire district organized under Health and Safety Code Sections 13800 et seq., and the City of Ukiah ("City") a general law California municipal corporation in order to achieve standardization and equality of status, seniority, compensation and benefits amongst the staff of the Ukiah Valley Fire District and the staff of the City of Ukiah Fire Department. WITNESSETH: WHEREAS, on August 24, 2017 the District and the City entered into a Joint Powers Agreement ("JPA") to maximize the use of existing resources and to coordinate the delivery of fire, medical, and other emergency services at a high level of service; and WHEREAS, in furtherance of the goals and purposes of the JPA the parties anticipate that many employees of the District (the "Transferring Employees") will end their District employment and become employed by the City through attrition, promotion and negotiation with Labor representatives; and WHEREAS, the parties desire to achieve standardization and equality of status, seniority, compensation and benefits among the City staff and the Transferring Employees effective upon transfer of employment as provided herein; NOW, THEREFORE, the Parties, for and in consideration of the mutual benefits, promises, and agreements set forth herein, AGREE as Follows: Employment of Transferring Employees by City Effective December 17, 2017 ("Effective Date"), Transferring Employees are to be employed by the City under the terms and conditions of the City's Collective Bargaining Agreements with I.A.F.F. 3686. Transfers of existing employees will follow and comply with the terms and conditions of this agreement. The following provisions relate to the continuing obligations pertaining to the employees transferred by the District to the City: In accordance with the applicable Collective Bargaining Agreements and Civil Service Rules, the City agrees to treat all employment service with the District as equivalent of service with the City for purposes of employment status, seniority, and benefits relating to wages, hours, and terms and conditions of employment that are associated with seniority with the City. In the event this Agreement is terminated and any employee is transferred back to the District as its sole employer, all employment with the City will be treated by the District as the equivalent of service with the District for the same purposes referenced above. 1 If a Transferring Employee's base salary being earned at the time of transfer to the City was greater than the top range/control point band for the comparable classification in the City, such employee's salary shall not be reduced, but the employee shall be placed at a retained salary rate until such time as the salary range/band for the classification with the City meets or exceeds the salary of the employee. All sick leave and vacation hours accrued by Transferring Employees at the time of transfer to the City shall be transferred with the Transferring Employees. If employees are transferred back to the District, all sick leave and vacation hours shall be transferred with the employees. If during the term of the Agreement, a payout of accrued vacation and/or compensation time earned is made for a Transferring Employee upon termination, retirement, death, or other reason, such payout shall be paid by each entity as defined in the Joint Powers Agreement budget percentage process. Transferring Employees will be brought under the City's self-insured health insurance plan and the City agrees to allow Transferring Employees credit for time served upon retirement from the City. The District shall continue to pay pre -funding of the benefits, service costs or any other associated costs ("Retiree Costs") of any retiree health insurance plan for retired Employees. Utilization of Transferring Employees While on the Effective Date the City will become the employer of Transferring Employees in addition to the City's existing employees, the utilization of employees to achieve the goals and purposes of the Agreement for Shared Management of Fire Departments ("JPA") and to satisfy legal requirements imposed on the District under Health and Safety Code Sections 13800 et seq. shall be subject to the Powers and Duties of the Fire Executive Committee as provided in Sections 5 and 6.A of the JPA and, where legally required, the concurrence of the District Board of Directors. Workers' Compensation Claims and Insurance The City shall not be responsible for the payment of insurance coverage, claims, or benefits to any District Employee or Transferring Employee arising out of their employment with the District prior to the date of transfer. The District agrees to fully indemnify and hold the City, its officers, employees and agents harmless from any claim, benefit, expense or cost incurred for such employees. Volunteer Coverage Volunteer personnel shall not be included in the City's workers' compensation program but shall remain under a separate policy of insurance naming the District as the employer. The provider of such coverage will be chosen by the District Board. 2 Termination Upon termination of The Joint Powers Agreement, in order to provide fire protection services in the District, the District agrees to offer, not require, reinstatement of all Transferring Employees. Upon termination of The Joint Powers Agreement, the District intends to offer any Transferring Employees that accepted job positions with the City in accordance with this Agreement, the following: a. The employee's status upon reinstatement must be equivalent to the status he would have had if he were employed by the District during the term of his employment with the City so that there will be no break or lapse in service. b. If the employee accepts the offer of reinstatement and was covered by the Collective Bargaining Agreement between the District and the Ukiah Valley Fire District Employees Association prior to being transferred to the City, that employee shall be reinstated with the District under the terms and conditions of employment covered by said Collective Bargaining Agreement, except for base salary. The employee's base salary shall be the base salary the employee is earning with the City at the time of reinstatement with the District. c. If a Transferring Employee accepts the offer of reinstatement and was covered by the Collective Bargaining Agreement between the District and Ukiah Valley Fire District Employees Association prior to being transferred to the City, that employee shall be reinstated with the District under the terms and conditions of employment covered by said Collective Bargaining Agreement. d. If the employee accepts the offer of reinstatement and was not covered by a Collective Bargaining Agreement with the District prior to being transferred to the City, that employee shall be reinstated under the terms and conditions of employment that existed with the District. e. In the event the District is prevented from reinstating any of the Transferring Employees, or some of them, the Transferring Employees who cannot be reinstated with the District will remain employees of the City subject to applicable collective bargaining agreements and Civil Service Rules. This Agreement does not create any third party beneficiary employment rights. f. Except for any costs, demands, claims, or other liability associated with any action, if any, filed against the City under its Collective Bargaining Agreements, the District agrees if any costs, demands, claims, or other liability, if any, arises from the above items the District intends to offer its former employees, that the District shall be solely responsible for such liability and holds the City harmless therefrom. WHEREFORE, the District and the City have entered this Agreement on the date first written above. 3 UKIAH VALLEY FIRE DISTRICT CITY OF UKIAH By: D.C. Carp; ster President of the Board of Directors AGREED: UKIAH VALLEY FIRE DISTRICT EMPLOYEES ASSOC. By: Striresident ATTEST: Steph., 'e Abba, Clerk of the Board 4 By: G7/ O. Brown, Mayor By: IAFF LOCAL 3686 ATTEST: 71 vti D• tvv°h'4) Kristine Lawler, City Clerk