HomeMy WebLinkAbout(0115) CBA 2019-2022 CSC 52862.pdfCITY SECRETARY
CONTRACT NO,
COLLECTIVE BARGAINING
AGREEMENT BETWEEN
THE CITY OF FORT WORTH
AND THE
FORT NORTH PROFESSIONAL
FIREFIGHTERS ASSOCIATION,
GAFF LOCAL 440
EFFECTIVE JULY 1, 2019
EXPIRES SEPTE]VI ER 309 2022
I Er -El /ED
c3TCIV SERUAR m
n
1
TABLE OF CONTENTS
DEFINITIONS................................................................................................................................ 3
ARTICLE 1
INTENT AND PURPOSE....................................................................................... 6
ARTICLE2
RECOGNITION...................................................................................................... 7
ARTICLE 3
NON-DISCRIMINATION...................................................................................... 8
ARTICLE 4
MANAGEMENT RIGHTS..................................................................I.................. 9
ARTICLE 5
MAINTENANCE OF ,STANDARDS...................................................................
11
ARTICLE 6
ASSOCIATION BUSINESS LEAVE...................................................................
14
ARTICLE 7
INTERNAL COMMUNICATIONS ................................... :..................................
17
ARTICLE 8
PAYROLL DEDUCTION.....................................................................................
19
ARTICLE9
WAGES.............................................................................................................
20
ARTICLE 10
OVERTIME..........................................................................................................
22
ARTICLE 11
COMPENSATORY TIME OFF...........................................................................
24
ARTICLE 12
VACATION/HOLIDAY LEAVE........................................................................
25
ARTICLE 13
WORKING AGREEMENT..................................................................................
29
ARTICLE 14
GROUP HEALTH BENEFITS............................................................................
32
ARTICLE 15
RETIREE HEALTH BENEFITS..........................................................................
35
ARTICLE 16
SUPPLEMENTAL FIRE FIGHTER RETIREMENT PLAN ..............................
36
ARTICLE 17
STAFFING STANDARDS...............................................................................
37
ARTICLE 18
PROCEDURE FOR FILLING AND PROBATIONARY PERIOD FOR
BEGINNING POSITIONS IN THE FORT WORTH FIRE DEPARTMENT .......................
39
ARTICLE 19
APPOINTED POSITIONS.......:...........................................................................
45
ARTICLE 20
SECONDARY EMPLOYMENT.........................................................................
47
ARTICLE 21
DISCIPLINARY PROCEDURES........................................................................
48
ARTICLE 22
GRIEVANCES.....................................................................................................
51
ARTICLE 23
PERSONNEL FILE..............................................................................................
54
ARTICLE 24
MISCELLANEOUS.............................................................................................
55
ARTICLE 25
CHAPLAIN PROGRAM......................................................................................
56
ARTICLE 26
HEALTH AND SAFETY.....................................................................................
57
ARTICLE 27
PROMOTIONAL EXAM APPEAL PROCEDURES.................................59
ARTICLE 28
SICK AND FAMILY LEAVE.............................................................................
62
ARTICLE 29
EMPLOYEE APPRAISALS................................................................................
64
ARTICLE 30
INCENTIVE PAYS..............................................................................................
65
ARTICLE31
NOTICE................................................................................................................
69
ARTICLE 32
SUCCESSORS AND ASSIGNS..........................................................................
70
ARTICLE 33
SAVINGS CLAUSE & AMENDMENTS...........................................................
71
ARTICLE 34
DURATION AND TERMINATION...................................................................
72
APPENDIXA............................................................................................................................... 75
APPENDIXB............................................................................................................................... 84
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DEFINITIONS
"Agreement" refers to this Collective Bargaining Agreement between the City of Fort Worth and
the Fort Worth Professional Firefighters Association, IAFF Local 440.
"Anniversary Date" means the civil service date of commission as a fire fighter.
"Association" means the Fort Worth Professional Firefighters Association, IAFF Local 440, its
officers and agents authorized to act on its behalf.
"Backfill" means to fill a temporary staffing vacancy with either vacation relief personnel or with
overtime.
"Bargaining Unit" means all full time, permanent, paid members of the Fort Worth Fire
Department who were hired in substantial compliance with TLGC Chapter 143, or as modified by
the provisions of this Agreement. This definition excludes the Chief, non -certified employees,
retirees and fire fighter trainees.
"Base Pay" means a fire fighter's base salary (at step level) exclusive of any additional special
pays.
"Business Day" means Monday through Friday during normal business hours of 8:00 a.m. to 5:00
p.m. and shall not include any day when City Hall is not opened to the public for business.
"Calendar Day" means each day inclusive of weekends, and holidays.
"City" means the City of Fort Worth, Texas, acting by and through its authorized agents.
"City Manager" means the City Manager of the City of Fort Worth.
"Company" means a department apparatus and crew used to respond to emergencies in a first
responder's roles.
"Commission" means the Fire Fighters' and Police Officers' Civil Service Commission of the City
of Fort Worth.
"Commission Date" or "Date of Commission" n-eans the date a person takes the oath of service in
the Department.
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"Date of Hire" or "Hire Date" means the date a fire fighter trainee first attends Department
orientation and training.
"Fire Fighter" means any full time, permanent, paid member of the Fort Worth Fire Department
who was hired in substantial compliance with TLGC Chapter 143 or as modified by the provisions
of this Agreement. 'Phis definition excludes the Chief, non certified employees, retirees and fire
fighter trainees.
"Executive Board of Directors" or "Executive Board" means the members of the Association who
are duly elected or appointed and serve as members of the Executive Board of Directors of the
organization pursuant to its constitution and by-laws.
"Fire Department" or "Department" means the City of Fort Worth Fire Department.
"Fire Chief' or "Chief' means the Fire Chief of the Fort Worth Fire Department. The term is
synonymous with the term "department head" as used in the Local Goverm-nent Code Chapter 143.
"Fire Chief' or "Chiefs designee" means the Chief or the individual he or she designates to act
on his or her behalf.
"Fire Fighter Trainee" means an applicant who has been certified and accepted for employment
by the City for the sole purpose of attending the Department's training academy. A fire fighter
trainee shall be required to attend and successfully complete the Fire Department's training
academy requirements prior to becoming a fire fighter.
"Formal Administrative Investigation" means art investigation initiated or conducted by the Fire
Chief or officers specifically assigned to the investigation.
"Hours Worked" means all the time an employee is required to be on duty, on the employer's
premises or at aprescribed work -place. Fire fighters in Suppression shall have a maximum work
hours standard of 106 hours in a 14-day cycle.
"Local Government Code Ch. 143" or "Chapter 143" means those portions of the Fire Fighter and
Police Officer Civil Service Act, Texas Local Government Code Chapter 143 which are applicable
to the City.
"Local Government Code Ch. 174" or "Chapter 174" means the Fire and Police Employee
Relations Act, Texas Local Government Code Chapter 174.
"Party" or "Parties" means the City of Fort Worth or the Fort Worth Professional Firefighters
Association, IAFF Local 440, or both when used collectively.
"Personnel Rules and Regulations" or "PRRs" means the City's written policies applicable to fire
fighters, as authorized under Chapter 2 of the Code of the City of Fort Worth, Article V, entitled
"Human Resources," by Ordinance No. 11921, effective February 1, 1999, as amended from time
to time.
"Preempt" shall have the same meaning as supersede.
"Preliminary Investigation" means meetings, interviews, questions, and/or discussions on topics
that could possibly lead to a Formal Administrative Investigation, but conducted by officers in a
fire fighter's chain of command.
"Regular Rate" shall have the meaning established by the Fair Labor Standards Act, 29 USCA §
201 et seq.
"Shift" means a 24-hour shift in the Operations Division from 8:00 a.m. to 8.00 a.m., unless
otherwise specified.
"Staff Fire Fighter" or "Staff Personnel" means a fire fighter assigned to a 40-hour work week.
"Stanine" means nine evenly distributed groups of candidates who pass an exam.
"Suppression Fire Fighter" or "Suppression Personnel" means a fire fighter assigned to a 56-hour
workweek.
"TLGC" means Texas Local Government Code.
ARTICLE 1
INTENT AND PURPOSE
Section 1. Intent of the Parties.
This Agreement is entered into by the City of Fort Worth, Texas hereinafter referred to as the
"City" and the Fort Worth Professional Firefighters Association, IAFF Local 440 hereinafter
referred to as the "Association." It is the intent and purpose of this Agreement to achieve and
maintain harmonious relations between the Parties, and to establish benefits, rates of pay, hours of
work, and other terms and conditions of employment for all Bargaining Unit Members and to
provide for the equitable and orderly adjustments of grievances that may arise during the term of
this Agreement.
Section 2. Preemption.
To the extent that any provision of this Agreement conflicts with or changes any provision in
TLGC Chapter 143, or in any other statute, executive order, local ordinance, or rule adopted by
the City, or rule adopted by the Civil Service Commission, this Agreement shall supersede or
preempt, and will control over, any such provision, as authorized by Section 174.006 of the TLGC.
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ARTICLE 2
RECOGNITION
The City recognizes the Fort Worth Professional Firefighters Association, IAFF Local 440, as the
sole and exclusive bargaining agent for all fire fighters as that term is defined in this Agreement.
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ARTICLE 3
NON-DISCRIMINATION
Section 1. Non -Interference with Protected Rights.
Neither party shall discriminate against any fire fighter or fire fighter trainee on the basis of
membership or non -membership in the Association. Furthermore, the City shall not discriminate
against an Association member for carrying out the duties of the Association.
Section 2. Duty of Fair Representation.
The Parties acknowledge and recognize the Association's responsibility, as the exclusive
representative under Chapter 174, TLGC, to fairly represent all fire fighters, in the negotiation,
administration: and enforcement of this Agreement. Nothing in this Agreement will be construed
to impose on the Association any obligations to non-members of the Association greater than those
imposed by law.
ARTICLE 4
MANAGEMENT RIGHTS
The Association recognizes that the management of the City and the direction of the Department
are vested exclusively in the City, subject to applicable State and Federal laws and the terms of
this Agreement. In exercising its management rights, the City acknowledges the importance of
continuously providing quality fire protection and safety for its citizens.
These Management Rights include and give the City the ability to:
A. Direct the work of its employees to include the scheduling of overtime work.
B. Determine the number of classified positions in each rank in accordance to Section 143.021.
C. Hire, promote, demote, transfer, assign, and retain employees in positions within the City,
subject to Civil Service regulations and/or terms of this Agreement.
D. Reprimand, suspend, discharge or terminate employees, subject to Civil Service regulations
and/or the terms of this Agreement.
E. Maintain the efficiency of governmental operations.
F. Relieve employees from duties due to lack of work, subject to Civil Service regulations
and/or the terms of this Agreement.
G. Utilize the Department in emergency situations to protect life and property.
H. Determine the methods, processes, means, personnel, and staffing levels (subject to any
specific provisions of this Agreement) by which operations are to be carried out.
I. Determine personnel assignments, subject to the remaining specific provisions of this
Agreement.
J. Use civilians in the Department to perform duties which do not presently have certified
personnel in place except as specifically stated and do not require a sworn certified fire
fighter. In this regard, the City is authorized to use civilians for the following positions or
units:
1. FiscaI Management
2. Personnel Support (administrative staff)
3. Clerical Support
4. Delivery (supply)
5. Fire ServicesNehicle and Equipment Maintenance (Provided that existing certified
positions shall be maintained)
6. Industrial Sewing Technicians (Protective Clothing Repair)
7. Supply and Warehousing (Provided that existing certified positions shall be maintained)
S. Purchasing
9. Fire Photography
10. Fire Protection Engineers
11. Fire Protection Specialists
12. Revenue collection and Billing
13. Information Technology and Systems including CAD Administrator
14. Office of Emergency Management
K. Except as otherwise specifically provided in this Agreement, the City, acting through the
City Manager and the Chief, shall retain all rights and authority which by law it is their
responsibility to enforce.
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ARTICLE 5
MAINTENANCE OF STANDARDS
Section 1. Economic Benefits, Privileges, and Working Conditions.
All economic benefits, privileges, and working conditions which are lawfully in effect in the
Department as to matters subject to mandatory bargaining under TLGC Chapter 174, and enjoyed
by the fire fighters of the bargaining unit, or set forth in written City or Department policy, as of
October 1, 2018, shall remain unchanged for the duration of this Agreement, except as noted in
Section 2 of this Article. For the purpose of this Article, "written City or Department policy" means
City Ordinances, the City's PRRs, departmental SOPs, IOCs, Information Bulletins, Fire
Department Rules and Regulations, and any written documentation, the official approval of which
is by a substantially similar process as for those specifically referred to above. "Written City or
Departmental policy" also means memos from the Chief, an Assistant Chief or a Deputy Chief.
The City, acting through the City Manager or the Chief, shall retain all authority to make unilateral
changes to written Departmental policies that are considered management rights including those
outlined in Article 4 of this Agreement, without the prior consent of the Association.
Section 2. Amending Written Policies.
Written City or Department policies concerning economic benefits, privileges, and working
conditions may be implemented and or amended any time during the term of this Agreement with
the mutual consent of the City and the Association. To be enforceable, such amendment or
implementation must be in writing and signed by the Chief, if it concerns operational issues, or by
the City Manager or designee, if funding is involved, and the Association President or designee.
Any revisions to the City's PRRs applicable to members of this bargaining unit shall be intended
to clarify the organization, structure and readability of those PRRs, and not to make changes in
economic benefits, privileges or working conditions. Those proposed changes to the fire fighter
PRRs will be subject to the approval process set out in this section.
Section 3. Fire Department Intranet
All departmental SOPS, Information Bulletins, and Fire Department Rules and Regulations shall
be posted to the Department's Intranet Site. Any written documentation, the official approval of
which is by a substantially similar process as for those specifically referred to above, shall also be
posted to the Department's Intranei Site in a separate section designated for "Written City of
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Departmental Policy". "Written City or Departmental policy" also means IOCs or Memos from
the Chief, an Assistant Chief or a Deputy Chief.
Section. 4. Pension Changes,
A. Nothing in this Article shall be interpreted to abrogate or supersede the provisions of Chapter.
2.5, Art. 1, Section 2.5-1, et seq., of the City of Fort Worth Code (the Retirement Ordinance), or
Article 6243i of the Texas Revised Civil Statutes ("Article 6243i"), but this Article does
contractually require the City to provide certain advance notice to the Association, as specifically
provided for herein.
B. The City acknowledges that there were substantial changes made to the pension plan and
employees would like reassurances that no further changes will be made prior to calendar year
2022. The City fully intends to see the impacts of the FY22 risk -sharing mechanism before
considering further pension changes.
C. The City recognizes that due to the timing required to convene and receive input from all
employee groups and to have the data to analyze the impacts of the FY22 risk sharing mechanism,
additional pension changes are not expected to be made prior to the beginning of fiscal year 2022-
2023. The City retains the right to engage in processes to consider and make pension changes, if
necessary to protect the fund or its financial solvency.
D. If the City decides that further changes need to be made, the City will provide 180 days' notice
to the Association prior to taking any action that would reduce pension benefits for fire fighters
and during that 180 days, the City Manager will solicit input from affected employee groups
regarding such proposed changes.
E. In this article, the City has not bargained over pension benefits and has not included pension
benefits as a bargaining item by including this language in the CBA. Sections 1 and 2 of this
Article will not apply to fire fighter pension benefits and related contributions. Any dispute
between the City and the Association, or any fire fighter, will be brought and resolved through
judicial action in a court of competent jurisdiction, and not under the grievance provisions in this
Agreement.
Section 5. Departmental SOPS.
The Parties have considered and diseas,sed, prior to the effective date of this Agreement, certain
Departmental Standard Operating Procedures ("SOPs"). Those SOPs will be implemented,
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consistent with Section 2 of this Article as of the effective date of this Agreement, or as soon
thereafter as practicable. The Parties agree that this provision satisfies any duty or obligation to
engage in good faith collective bargaining as to those matters.
Section 6. Civil Service Commission Rules.
The City or the Civil Service Commission are not required to mail to any Commissioner, or the
Fire Chief, or to each branch fire station, a copy of any proposed or enacted change to the rules
promulgated by the Civil Service Commission. Any proposed or enacted changes to the rules
promulgated by the Civil Service Commission shall be emailed to all members of the Department.
This provision specifically preempts TLGC 143.008(e) (1) and (3).
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ARTICLE 6
ASSOCIATION BUSINESS LEAVE
Section I. Association Business Leave Pool.
At the beginning of the first pay period of each calendar year during this Agreement, the City will
allocate 1684 hours of equivalent work -time hours to be utilized for an agreed Association
Business Leave ("ABL") Pool (the "Pool"). At the end of each calendar year during this
Agreement, unused ABL hours up to 425 will carry over and must be used prior to the end of the
next payroll year. All allocations must be used on a first -in, first -out basis. ABL shall be charged
to the Pool at the rate of one (1:1) hours contributed to the Pool for every one (1) hour used based
on the employee's work schedule leave accrual.
If the Chief declares an emergency, he or she may order the Association President or any
Association fire fighters on Association Business Leave time to report to work for the duration of
the emergency. ABL will be counted as hours worked for the purpose of calculating overtime.
ABL hours may be used for the following: (a) representing members at a disciplinary hearing (to
the extent such representation is permitted by law, or in this Agreement, and allowed by
Department policy) or grievance meetings; (b) administering the terms of this Agreement; (c)
attending meetings of the Association's Executive Board; (d) attending regular business meetings
of the Association; (e) attending other Association meetings, training programs, seminars,
workshops, and conferences, and (f) for the time an Association negotiating team member spends
preparing for, formally scheduled collective bargaining negotiating sessions with the City. ABL
hours may not be used unless a member is scheduled to work.
All Association Business Leave must be posted on Telestaff (or other personnel system then in
use) in accordance with the timelines regarding vacation leave. Association Business Leave shall
not be subject to vacation quotas.
Section 2. Association Board of Directors.
Within thirty (30) Calendar Days after the execution of this Agreement, the Association shall
notify the Chief in writing as to the names of the Association's Board of Directors (to include
disciplinary representatives). The Association shall thereafter promptly notify the Chief of any
change in the composition of its Board of Directors. To the extent that any designated member(s)
of the Association's Board of Directors is otherwise scheduled to work, the member shall be
permitted to attend the monthly Association membership meetings and the regularly scheduled
Association Board meetings and, any specially called Board mcetings. Use of thin leave ,iliall not
require the Chief to backfill these positions.
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Section 3. Compliance.
A fire fighter who is eligible to use ABL hours may elect to exchange time in lieu of using ABL
hours. Any fire fighter exchange of time in lieu of using ABL hours shall be properly documented
and in compliance with all local, state and federal rules and regulations, including SOP S 1302 R4
that is in effect on the effective date of this Agreement, or as revised pursuant to Article 5 of this
Agreement.
Section 4. Union Officers.
The City agrees to allow up to two (2) fire fighters elected as a union officer of the International
Association of Fire Fighters (IAFF), Texas State Association of Fire Fighters (TSAFF), or Local
440 to be assigned to a schedule that is nxutually agreeable with the Fire Chief in order for such
fire fighter to carry out his/her official duties. The Chiefs decision to approve time off is binding
and not appealable and not subject to the grievance procedures outlined in Article 22 of this
Agreement. No such agreement shall be for more than 90 days and such extensions thereafter as
may be agreed to by the Chief.
The schedule of any such of the two (2) above -mentioned union officers shall include the ability,
if necessary, to take time off without pay for no more than 50% of their scheduled hours in a
month. The fire fighter's remaining scheduled hours may be fulfilled by working their Regular
hours or through a combination of other approved leave types including but not limited to
Vacation, Holiday, Personal Holiday, Sick, Exchange of Time, or Association Business Leave. A
union officer's use of Sick Leave shall be subject to the parameters of Article 28 Section 1 of this
Agreement as it pertains to excessive unscheduled leave.
Such bargaining unit members elected as a union officer will be required to attend all Department
required training sessions applicable to the fire fighter's position.
Section 5. Collective Bargaining Negotiating Sessions.
The City agrees to release with pay each member of the Local 440 bargaining team for each
formally scheduled collective bargaining negotiating session if they are scheduled to work. Prior
to the first scheduled bargaining session the Association President shall provide the City with a
list of up to seven (7) bargaining team members eligible to be released. This paid tulle will begilr
15
at least thirty (30) minutes prior to the scheduled start of and ending no sooner than thirty (30)
minutes after the conclusion of, each collective bargaining negotiating session.
Section 6. Other• Associations.
This Article does not prevent the prior practice of the Chief allowing leave time to be awarded
for other employee associations.
I
ARTICLE 7
INTERNAL COMMUNICATIONS
Section 1. Email Communication.
Subject to the Department SOPs, the City's rules and regulations, (particularly the
Administrative Regulation regarding "Electronic Communications Use Policy"), and the
applicable provisions of this Agreement, the Association may utilize electronic
communications ("e-mail") to communicate with Association members regarding matters of
general interest of the Association in accordance with the following restrictions and
limitations:
a. The City will grant access to the ZZ_CFD distribution group for the use by the
Association's Executive Board to communicate with its members only the following:
1. Meeting notices and agendas; and
2. Notices advising members to review information on the Association's
website, but not including specific links to the Association's website.
b. The Association Board members may use the City e-mail system to
communicate on Association business among themselves. Individual Association
members may not use the e-mail system to advocate for or against issues, campaign for
one's self or others or promulgate personal issues as Association business.
Section 2. Specific Subjects Only.
Association e-mail communications shall relate solely to the following subjects:
a. Recreation and Social Affairs or other non -political activities of the
Association
b. Association Meetings
C. Association Elections
d. Reports of Association Committees
C. Rulings or policies of the State or National Association, without added
commentary
f. Legislative Enactments and Judicial Decisions Affecting Public Employee
Labor Relations, without added commentary
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Section 3. Prohibited E-mail Subjects.
Association e-mail communications shall not contain any political commentary, any
solicitation for membership in, or financial contributions to, any labor organization, special
interest organization, or political action organization, or any derogatory or offensive
propaganda or commentary which reflects negatively upon the City, its officials, its employees,
City employee associations or groups, or upon citizens of the City.
On a case -by -case basis, the Chief or Chiefs designee may consider requests from individual
fire fighters for approval to distribute e-mail communications regarding solicitations for fire
fighters {or their families} needing financial assistance or other forms of assistance.
ARTICLE S
PAYROLL DEDUCTION
Section 1. Payroll Deductions.
The City shall biweekly deduct an amount fiorn the pay of each individual fire fighter who has
voluntarily authorized such deduction for remittance to the Association. The amount of pay
deducted from each member of the Association shall be an amount authorized by the Board of the
Association. The deduction amount shall remain constant until the City is notified in writing, by
paper or electronic form by an authorized member of the Board to change the deduction amount.
The Association may change the amount of the deduction with thirty (30) Calendar Days' notice
to the City in writing. The total amount of deduction and a list of each member's total deduction
shall be remitted by the City to an account specified by the Board of the Association within ten
(10) business days from the date the amount is taken from the member's pay. After execution of
this Agreement, fire fighters who wish to join the Association will complete the appropriate City
paper or electronic form to authorize the biweekly deduction amount. Any individual member of
the bargaining unit wishing to voluntarily withdraw authorization for deductions or change the
amount of their deduction must personally complete the appropriate paper or electronic form as
required by the City.
Section 2. Deduction Fees.
All amounts deducted pursuant to this Article shall be paid to the legally designated representative
of the Association in accordance with the procedures and costs established by the City Finance
Director. The current cost structure of $0.05 per deduction shall be maintained until such time as
the cost is changed to reflect a more accurate assessment of cost. The City Finance Director has
the sole discretion to establish charges for deductions. The cost of deductions is subject to annual
review. The actual cost shall not exceed $0.10 per deduction for the duration of this Agreement.
The cost per deduction shall be no more than the cost applied to other employee associations.
Section 3. Indemnification.
The Association shall defend the City and hold the City harmless against any and all claims,
demands, suits or other forms of legal action that may arise out of, or by reason of, any actions
taken by the City, or any employee of the City in complying with provisions of this Article. The
Association and the City shall jointly select and direct counsel retained for such defense, and the
Associadon straw raithei assist and cooperate witli the City c uiiiig said ueieiise.
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ARTICLE 9
WAGES
Section 1. Payment.
Subject to all of the other provisions of this Agreement, the wages of the fire fighters covered by
this Agreement shall be paid, during the four (4) year term of this Agreement, in accordance with
the wage rates, terms, and conditions described in the structured pay plan attached in Appendix A,
which is incorporated by reference. Annual step pay increases reflected in Appendix A for eligible
fire fighters shall continue through the one-year evergreen period as stated in Article 33 of this
Agreement or until such time as a new agreement is reached, whichever comes first.
Section 2. Wages.
In summary, wages will be paid according to the following schedule, as shown in Appendix A,
during the term of this Agreement:
FY 2018-2019: Beginning with the pay period that begins on July b, 2019, during FY
2018-2019; 2% across-the-board + annual step pay increases
described in the structured pay plan attached in Appendix A for
those fire fighters eligible on their applicable anniversary date.
FY 2019-2020: Effective on the first full pay period after October 1, 2019, for FY 2019-
2020; 3% across-the-bo ard + annual step pay increases described in
the structured pay plan attached in Appendix A for those fire fighters
eligible on their applicable anniversary date.
FY 2020-2021: Effective on the first full pay period after October 1, 2020, for FY 2020-
2021; 4% across-the-board + annual step pay increases described in
the structured pay plan attached in Appendix A for those fire fighters
eligible on their applicable anniversary date.
FY 2021-2022: Effective on the first full pay period after October 1, 2021,for FY 2021-
2022; 4% across-the-board + annual step pay increases described in
the structured pay plan attached in Appendix A for those fire fighters
eligible on their applicable anniversary date.
For those occasions when a fire fighter's anniversary date occurs the same day when an across-
the-board base pay increase is implemented, the order of implementation wilt be the across-tlie-
board base pay increase, then the step increase.
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Section 3. Preemption.
This Article shall preempt any contrary provisions including those set forth in TLGC 143.041(b),
TLGC 143.041(c), 143.042, 143.044, and 141.032 and any local ordinances, exceutive orders, or
rules adopted by the City or Commission, it being expressly agreed and specifically so provided
under the authority of TLGC 174.005 and 174.006.
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ARTICLE 10
OVERTIME
Section 1. Emergency Call Back Overtime.
Emergency Call Back Overtime ("ECOT") is a "premium pay" and shall always be paid at time
and one half (1 %2) of the regular rate of pay. Whenever a fire fighter is called back to work for an
emergency after the fire fighter's regular working hours (due to an emergency situation as declared
by the Chief), the fire fighter shall be eligible for ECOT and shall be paid a minimum of four (4)
hours overtime. Fire fighters shall be paid in this manner for all hours worked during the callback
until the fire fighter's duty day begins, in which case, the additional compensation will cease.
Hours worked that are paid as ECOT premium pay do not count as hours worked for the purpose
of calculating eligibility for regular or voluntary overtime.
No firefighter may be required to work more than 72 continuous hours except under the provisions
of Section 1.
Section 2. Mandatory Overtime (Force -Hire).
Mandatory/forced-hire overtime shall be paid as ECOT premium pay. Hours worked that are paid
as ECOT premium pay do not count as hours worked for the purpose of calculating eligibility for
regular or voluntary overtime.
Section 3. Voluntary Overtime (CSOT).
When a fire fighter volunteers to work, and is selected to work, on an apparatus in order to meet
daily staffing requirements, resulting in hours worked beyond an employee's regularly scheduled
work hours, but not caused or initiated by an emergency, those additional hours will be defined as
Constant Staffing Overtime (CSOT) and paid as Regular Overtime (FLSA). The term "Apparatus"
as used in this Article, refers specifically to active service status Battalion Chief vehicles, Safety
Officer vehicles, Shift Commander vehicles, fire engines, fire quints, fire ladders, AARF
companies, brush trucks, two -person emergency vehicles and HazMat Squads, hours worked
beyond a fire fighter's regularly scheduled work hours, other than as described in Sections 1 and
2, will be paid as Regular Overtime.
Section 4. Regular Overtime (FLSA).
The Association recognizes that the City cornpensates Scippression fire fighters as allowed in 20
U.S.C. §107(k) ("Section 7(k)") of the Fair Labor Standards Act, as amended. Regular overtime
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for a Suppression fire fighter is defined as hours worked in excess of 106 hours in a 14-day pay
cycle. Regular Overtime for a Staff fire fighter is defined as hours worked in excess of 40 hours in
a 7-day work week. The use of Sick (S), and Family (F), leave will not count as hours worked for
purposes of calculating eligibility for regular or voluntary overtime.
Section 5. Vacation Relief patio.
The number of vacation relief personnel utilized. on a daily basis shall not exceed 20% of the total
necessary to satisfy minimum daily staffing requirements. The minimum daily staffing
requirement includes: all fire companies staffed as prescribed in Article 17 "Staffing Standards,"
six Battalion Chiefs, one shift tech, one duty paramedic, two SCBA staff, one safety officer, and
one shift commander.
The minimum daily staffing requirement as of July 1, 2019 is 240.
Changes to the minimum daily staffing requirement during the duration of this Agreement (e.g.,
the construction of new fire stations) will alter the vacation relief staffing maximum as the 20%
threshold is applied to the new minimum daily staffing number.
The vacation relief staffing percentage may be exceeded for up to ninety days for new fire station
construction delays.
Section 6. Preemption.
This Article shall preempt any contrary provisions including those set forth in TLGC 142.0015,
and any local ordinances, executive orders, or rules adopted by the City or Commission, it being
expressly agreed and specifically so provided under the authority of TLGC 174.005 and 174.006.
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ARTICLE 11
COMPENSATORY TIME OFF
As permitted by the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 207(o), the City may
compensate fire fighters, if requested by the fire fighter, with compensatory time in lieu of
overtime compensation required by the FLSA, 29 U.S.C. § 207 subject to the discretionary
approval of the Chief. The Parties agree that if compensatory time is granted, it shall be
administered in accordance with the City's Personnel Rules and Regulations applicable to fire
fighters and shall comply with state and federal law. The use of the term "fire fighter" in this
Article shall not be construed as affording the right of time -and -one-half remuneration (whether
overtime or compensatory time) except as provided by FLSA, 29 U.S.C. § 213 and TLGC
142.0015(e). This Article preempts Section 142.0016 TLGC only to the extent of any
inconsistency with that section.
24
ARTICLE 12
VACATION/HOLIDAY LEAVE
Section 1. Vacation Leave.
Vacation leave for sworn fire fighters shall be accrued according to the following chart:
Staff or 8-Hour Day Employees
Suppression or 12-Hour Day
Employees
Maximum
Accrual Rate Per
Maximum
Accrual Rate Per
Sworn Service
Accrual Per
Pay Period
Accrual Per Year
Pay Period
Time
Year (Hours)
(Hours)
(Hours)
(Hours)
Fire fighter with
120
4.62
180
6.93
1 year of service
Fire fighter with
5 years of
136
5.23
204
7.85
service
Fire fighter with
10 years of
144
5.54
216
8.31
service
Fire fighter with
15 years of
160
6.15
240
9.23
service
Fire fighter with
20 years of
184
7.08
276
10.62
service
Section 2. Vacation Time Management.
The authorized number of allotted vacation positions can be exceeded if approved by the Chief or
designee. There will be no fewer than 36 suppression vacation slots per day except under a declared
emergency. Floating days shall not be included in this number.
Under the direction of the Chief or designee, Battalion Chiefs are responsible for managing
vacations and other leave time for their battalion/shift to provide the most effective emergency
response capability possible.
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Section 3. Vacation Leave Transfer.
Fire fighters may transfer accrued vacation leave (no other type of leave may be transferred) into
a non -civil service employee's Short Term Sick Leave/Family Leave account or into a civil service
employee's Sick or Family Illness Leave account in order to ensure continuing income for an
employee who must be absent from work due to a major personal illness or injury or due to an
immediate family member's major illness or injury which requires the presence of the employee.
In the event of conflict, the PRRs policy for Vacation Leave Donations shall apply. Donated leave
will not count toward any minimum required leave usage provisions listed in this Article.
Section 4. Holiday Pay and Accrual.
Time accrued for all holidays shall be based on either an eight (8) hour day for Staff Personnel or
a twelve (12) hour day for Suppression Personnel.
Suppression Personnel shall be paid for hours worked (eight or sixteen depending on shift) on a
holiday (as defined below) at time and one half (1 112) holiday rate. For purposes of this Article,
only, holiday rate means an individual's step rate within their rank. Suppression Personnel shall
accrue twelve (12) holiday hours for each holiday observed unless the fire fighter is in a no -pay
status.
Staff Personnel shall be paid for hours worked on a City -recognized holiday (except as modified
by Section 5 of this Article) at time and one half (1 %2) holiday rate. Staff Personnel who work on
the City -recognized holiday shall accrue eight (8) holiday hours.
If the City -recognized holiday falls on a ten (10) hour staff person's off day, he or she shall accrue
eight (8) holiday hours. Staff personnel shall be allowed to move their regular day off with
supervisor approval.
If a fire fighter (suppression or staff) is scheduled to work on a holiday (actual or City -recognized)
and is absent for any reason he or she shall be charged the requested leave time if available and
accumulate the appropriate holiday hours for his or her position.
Section 5. Holidays.
Department personnel are grantcud eight (8) lholidayti per year.
N
City -recognized holidays may not always align with the actual holiday day and are: New Year's
Day, M.L.K. Day, Memorial Day, Independence Day, Labor Day/9-11 Remembrance Day,
Thanksgiving Day, Day after Thanksgiving, and Christmas Day. As per the City's PRRs, the City
may officially recognize a holiday on a day which is not the actual holiday.
Suppression Personnel and any Staff Personnel who are required by their position to work on the
actual holiday shall receive Holiday Pay and accrue Holiday Hours for work on that actual holiday,
regardless of when it is recognized by the City. Suppression Personnel and those Staff Personnel
not included above, shall follow only the official City -recognized holiday schedule.
Fire fighters arc also granted one (1) Personal Holiday per year (eight (8) hours per year for Staff
Personnel and twelve (12) hours for Suppression Personnel).
Section 6. Vacation/Holiday Accumulation and Use.
A fire fighter, during the initial twelve (12) month probationary period, may petition the Chief in
writing for a waiver to use accrued leave, for the specific purpose of taking leave for the
bereavement of the death of an immediate family member, as defined in the Personnel Rules and
Regulations, and that request will not be unreasonably denied.
There shall be no limit on maximum accumulation of vacation or holiday time. Vacation hours
are available for use after twelve (12) months from date of hire. Upon separation of employment,
fire fighters shall receive payment of all accrued vacation and holiday time, except that fire fighters
who terminate from the City within twelve (12) months from their date of hire shall not be paid
for accrued vacation. time.
Fire fighters may accrue unlimited personal holiday hours, including any specially granted by the
City Manager, and those hours accrued after the effective date of this Agreement will not be subject
to any time limitations for usage. Fire fighters who terminate employment for any reason will not
receive payment for any unused personal holiday hours upon separation from the City nor shall
fire fighter personal holiday hours be part of any future leave sell back. Personal holiday time may
only be taken in minimum increments of fifteen (15) minutes.
After- one year from a fire fighter's hire date a fire fighter may begin using vacation time.
Beginning the first full calendar year after commission date, Fire fighters are required to use two
(2) weeks (120 hours for 56-hour suppression personnel and 80 hours for 40-hour staff personnel)
accrued holiday time and/or vacation time per calendar year. Failure to use the minimum required
leave will result in the difference between the amount used and the minimum required leave usage
y being declucled rro1Taccumulatedvacation7'leave at the begiimng otiuie next calendar year.
27
A fie fighter who is not able to use two (2) weeks of accrued holiday and/or vacation time in a
calendar year due to illness or injury may petition the Chief or designee in writing for a waiver of
this requirement. The Chief or designee will provide a written ruling on the request to the petitioner
within five (5) calendar days of receipt of the request. The Chief or designee's decision will be
final. Decisions resulting in a waiver to the requirement will be forwarded to the City Human
Resources Department for implementation. Sending a request or response via email shall qualify
as a writing.
Unless otherwise approved by City Council, fire fighters may not participate in the City's yearly
vacation leave and/or accrued holiday leave sell back program (when implemented by the City
Council).
Section 7. Reopener Provision For Changes in Leave Structure.
In the event that the City changes, or proposes to change, its current leave structure as set forth
herein during the term of the agreement, the City shall be entitled to reopen Collective Bargaining
negotiations with the Association to discuss any proposed changes, The parties agree that those
negotiations may result in changes in some leave benefits in order to provide similar leave benefits
for all City employees. If Collective Bargaining negotiations are reopened as provided herein, they
will be limited to such differences in the current leave structure and the proposed new leave
structure that the City identifies, in writing, 30 days before the beginning of the reopened
negotiations. Such reopened Collective Bargaining negotiations must be completed within 60 days
after the face-to-face negotiations begin, unless the Association and the City agree, in writing, to
extend the negotiations.
Any Agreement between the Association and the City that results from the reopened Collective
Bargaining negotiations, will not be effective unless and until it is approved by the City and the
Association pursuant to the requirements of Article 32 of this Agreement.
Section 8. Preemption.
This Article shall preempt any contrary provisions including those set forth in TLGC 142,0013,
and any local ordinances, executive orders, or rules adopted by the City or Commission, and
specifically preempts Section 142.0013(c) to the extent that section can be read to obligate the City
to provide any fire fighter any additional vacation days, holidays or days in lieu of vacation days
or holidays granted to any other municipal employees in a labor agreement, it being expressly
agreed and specifically so provided under the authority of TLGC, 174.005 and 17/4.006.
28
ARTICLE 13
WORKING AGREEMENT
Section 1. Substitutions.
Any fire fighters of the bargaining unit, who are injured or sick and have depleted his or her
accrued leave benefits, to the limits stated in Section 4131 of the Working Agreement Rules,
Regulations and Procedures, may self -arrange or make a request to the Association for one or
more fire fighter(s) of the bargaining unit to substitute for him or her. Substitution personnel
working for another fire fighter under this provision need not be of the same classification as the
fire fighter receiving the Working Agreement benefit, provided there are sufficient eligible fire
fighters on -duty to fill those positions requiring specific classifications.
a. This Section shall cover a member for a maximum cumulative period of up to 24
months during a fire fighter's career.
b. No fire fighter of the bargaining unit shall be eligible to receive benefits under this
Section after qualifying for retirement under the then -current City retirement program
as codified in 6243i of the Texas Revised Civil Statutes and Sections 2-201---2-235 of
the City's Code of Ordinances (as amended) and any relevant rules promulgated by the
board of the Employees Retirement Fund.
c. The disabled fire fighter's personnel record shall reflect continuous service with the
City; the record shall not recognize a break in the fire fighter's years of service as a
result of availing him/herself of substitutes under this Section.
d. Under no circumstances shall a fire fighter who is using substitutes under this Section
be allowed to perform non -department related work.
The City understands that the Association's Working Agreement and Rules,
Regulations and Procedures promulgated subject to this Article will include provisions
concerning donations of time by fire fighters not certified to work in Operations, and
will provide, in substance:
Fire fighters not certified to work in Operations may donate up to 16 hours, as adjusted
for pay rates, in lieu of working one 24 hour shift. This adjustment shall be calculated
by Fire Department payroll personnel.
Example: Step 7 Fire Captain (staff) 40 hour rate — $40.05
Step 5 Fire fighter (operations 24 hour shift) = $512.64
29
Therefore: $512.64/$40.05 = 12.80 hours donated by Captain not certified to work
Operations.
f. Accrued time of the member receiving benefits shall be used when a substitute is
unavailable to work the shift.
Section 2. Substitution Approval.
All substitutions contemplated herein are subject to the Chief s or his or her designee's, approval
as defined or limited by 29 C.F.R. 553.31. Nothing in this Article shall abrogate the Chiefs ability
to determine a fire fighter's fitness for duty or any other eligibility criteria of the Department.
Section 3. Compliance with Federal Law.
The City has agreed to facilitate its fire fighter's shift exchanges, recognizing that a fire fighter's
choice to do so is at the fire fighter's sole option and for the fire fighter's convenience. There is no
incentive, encouragement, benefit or promise of any reward or advantage by or on behalf of the
City in connection with this option. Notwithstanding any provision of this Agreement, the City
may make any changes in policies or practices necessary to comply with state and federal law and
regulations, including but not limited to 29 C.F.R. 553.31, as to the City's involvement, regulation,
or approval of fire fighter participation in this voluntary option.
Section 4. Rules.
The Association may promulgate internal Working Agreement Rules, Regulations and Procedures
subject to this Article. The City has informed the Association that it has no objections to the
Association's Working Agreement, Rules, Regulations and Procedures, and the modifications
made as of the effective date of this Agreement.
Section 5. Defense.
The City shall defend all claims against the Association (and its Executive Board, if named), with
counsel of the City's choice, which arise directly from the implementation of the specific terms
in this Article and shall pay any and all claims finally adjudicated based thereon involving joint
liability of the City and the Association. This provision does not preelude the IA iationi iorll
retaining its own defense counsel, at its expense, and the City shall reasonably cooperate with
30
counsel designated by the Association to participate. The City's obligation to defend and/or pay
does not extend to liability based on the rules, regulations and procedures, or administrative
practices of the Association, which are the sole prerogative of the Association.
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ARTICLE 14
GROUP HEALTH BENEFITS
Section 1. Coverage and the Provider.
a. On May 1, 2018, the Association and the City entered into a Healthcare Contract
that obligates the Association to take appropriate steps to create and administer a Trust and Local
440 Benefit Plan for Recruits, Fire Fighters, Future Retirees, Pre -Medicare Retirees and eligible
spouses and dependents. The Healthcare Contract and all successor Healthcare Contracts will be
negotiated between the City and the Association and must be ratified by a majority of the members
of the Association and approved by the City Council before any such Healthcare Contract will be
effective. Such Healthcare Contracts may extend beyond the term of this or any successor
Collective Bargaining Agreement.
b. All capitalized terms used in this Article that are defined in the Healthcare Contract
shall have the same meaning as stated in the Healthcare Contract.
C. The Association will continue to operate a Trust pursuant to the terms of the
Healthcare Contract.
Section 2. Active Fire Fighters as Future Retirees
a. The parties acknowledge that the Association does not represent current Retirees,
that is, those former City fire fighters who retired from the City before May 1, 2018. However,
the parties acknowledge that the Association represents active Fire Fighters who may retire from
the City after May 1, 2018. Those persons are referred to in this Article as "Future Retirees."
b. The parties also recognize that the Association does not represent Recruits.
However, through the Healthcare Contract, the Association and the City have agreed to certain
responsibilities relating to Recruits, including that such Recruits will be covered by the Local 440
Benefit Plan and that the City's Contributions to the Local 440 Benefit Plan will include funds to
be used by the Trust created by the Association to provide healthcare coverage for Recruits. Those
obligations are set out in the Healthcare Contract and neither party can file a grievance under this
CBA, asserting that, with respect to Recruits, the other party has failed to perform a duty or
obligation set out in this CBA or the Healthcare Contract.
C. Active Fire Fighters and Future Retirees shall no longer have any access to the
City's health plan as described in the following paragraphs, either as an active Fire Fighter or as a
32
Future Retiree, so long as the Association continues to offer a healthcare plan through the Trust
referred to in this Amended Article.
i. The Association agrees to provide a healthcare plan through the Trust to
Recruits, Fire Fighters, Retirees and Future Retirees and eligible spouses and
dependents, and persons employed by the Association or the Trust specifically to
administer the Trust until they become eligible for Medicare. The City and the
Association agree that the City has no obligation to provide a healthcare plan to
Recruits, Fire Fighters, Retirees, or Future Retirees, so long as the Association
continues to offer a healthcare plan through the Trust referred to in this Article.
The City will make Trust Contributions in accordance with the terms of the
Healthcare Contract, and any successor Healthcare Contracts.
ii. The City agrees to provide a health insurance plan for every Medicare -
eligible Future Retiree. The City agrees to provide a health insurance plan for every
Medicare -eligible spouse of a Future Retiree. The plan shall be at the same cost to
the Future Retiree as that offered at that time to other similarly -situated non -fire
fighter retirees of the City who have reached the minimum age for Medicare
eligibility, so long as the benefit continues to be offered to other retirees of the City.
At any point in the future that the City contracts with the Association to expand the
Trust to provide a health insurance plan for Retirees who have reached the age at
which they are eligible for Medicare, the Future Retiree will be required to
transition to the Trust plan coverage.
iii. This Article is binding on Future Retirees, eligible spouses and dependents
for as long as this Agreement is in effect, and the provisions of the attached
Healthcare Contract are binding on Fire Fighters, Future Retirees, eligible spouses
and dependents for the period of time set out in the Healthcare Contract, and that
term may extend beyond the term of this Collective Bargaining Agreement.
iv. The Parties agree that the City has no liability for any services rendered or
claims paid or not paid by or through coverage provided by the Trust with respect
to any claim incurred during the term of this Agreement. Every Future Retiree
waives his or her right to sue the City regarding the level of coverage or subsidy, if
any, to be provided by the City through its contributions to the Trust. The Parties
agree that every Future Retiree also waives the right to sue the City regarding the
subsidy, if any, to be provided by the City, if the Trust plan discontinues, and the
Future Retiree resumes coverage with the City. However, this provision does not
preclude the Future Retiree benefitting from a court ruling in favor of non -fine
fighter retirees participating in the City's plan regarding such subsidy. The Parties
33
further agree that the resumption of coverage for every Future Retiree shall be
subject to the payment of the applicable premium, provided such premium and the
City's subsidy of the coverage is provided on substantially the same terms as that
which the City provides to similarly -situated City employees or retirees.
Section 3. Trust Contributions.
The Parties agree that the amount of City Contributions will be determined by the calculations and
terms set out in the Healthcare Contract between the City and the Association.
Section 4. Employee Assistance Program and Other Insurance.
The City shall continue to provide an Employee Assistance Program and basic and supplemental
life and AD&D insurance, at employee expense, for all active fire fighters similar to that provided
to all other City employees and subject to change at any time in the future.
Section 5. Incorporation into Successor Collective Bargaining Agreement
a. The parties hereby agree that Appendix B, the Healthcare Contract is incorporated
into this Collective Bargaining Agreement..
b. This Article will remain in full force and effect until the 30"' day of September, 2027,
unless, before that date, it is superseded by a new Collective Bargaining Agreement between the
parties. If the Current Collective Bargaining Agreement between the parties expires, including the
evergreen year, on September 30, 2023, the parties specifically and purposefully agree that the terms
of this Article will survive the expiration of that Collective Bargaining Agreement.
Section b. Preemption.
This Article shall preempt any contrary provisions set forth in Ch. 2, Art. V, See. 2-190 of the Fort
Worth Code and Chapter 175 of the Texas Local Government Code provided however that nothing
herein shall be construed or interpreted to preempt Section 2-190(c) or (d) or otherwise require the
City to subsidize health care coverage for any individual who is not otherwise eligible for a
subsidy.
34
ARTICLE 15
RETIREE HEALTH BENEFITS
Section 1. Fire Fighters Hired Since January 1, 2009.
For the sole benefit of fire fighters hired on or after January 1, 2009, the Association may establish
a tax exempt IRS Compliant 501(c)(9) Voluntary Employee Beneficiary Association (VEBA). The
$1.6 million set aside pursuant to the 2010 Collective Bargaining Agreement shall be deposited in
the Association's VEBA within 30 days of the, legal creation of the trust and evidence of
appropriate governance. Mechanisms for additional member contributions will be evaluated for
the next contract cycle.
Section 2. Preemption.
This Article shall preempt any contrary provisions set forth in Ch. 2, Art. V, Sec. 2-190 of the Fort
Worth Code, and Chapter 175 of the Texas Local Government Code, provided however that
nothing herein shall be construed or interpreted to preempt Section 2-190(c) or (d) or otherwise
require the City to subsidize health care coverage for any individual who is not otherwise eligible
for a subsidy.
35
ARTICLE 16
SUPPLEMENTAL FIRE FIGHTER RETIREMENT PLAN
The City and the Association, upon mutual agreement, reserve the right to reopen negotiations to
consider the establishment of a Supplemental Fire Fighter Retirement Plan (SFRP). It is the intent
of the Association to establish a defined contribution retirement plan to supplement benefits, and
the City is willing to discuss their proposal. There shall be no City contributions on behalf of the
fire fighters' benefits in the SFRP.
cm
ARTICLE 17
STAFFING STANDARDS
Section 1. Assignments.
Fort Worth Fire Department management reserves the right to assign any employee to any position
within the Department. Final authority to determine an employee's assignment rests with the Fire
Chief. This Article in no way inhibits the authority of the Fire Chief to make assignments as
deemed necessary for the effective and efficient operation of the Department.
Section 2. Four -Person Staffing.
The City shall continue its practice of staffing with four (4) persons (consisting of: one (1) officer,
one (1) engineer, and two (2) fire fighters), active service status Engine companies and Truck
companies, including quints (as commonly recognized apparatus by the Association and
Department), Hazmat Squad, and ARFF companies (maintaining the existing practice of one four -
person crew per ARFF company). These apparatus may be temporarily reduced to three (3)
persons, yet remain in active service, if a fire fighter assigned to work on an apparatus is off duty
using available leave or for reasons involving assigned departmental business that include but are
not limited to attending training, serving as an instructor, taking a drug test, etc. for up to five (5)
hours including travel time. This practice may be used once daily per apparatus.
Section 3. Two -Person Companies.
In order to maximize staffing and equipment resource efficiencies and better scale response levels
to match specific incident requirements, the Chief may implement utilization of two -person
emergency response companies as part of fixture departmental growth plans. Two -person
companies can only be utilized to supplement existing four -person companies at specific stations
where call volumes or other factors necessitate service expansion. These two -person companies
shall not replace any existing four -person companies and shall be staffed with an Officer and an
Engineer. Stations which house these units, when such units are constantly staffed, shall have a
Captain and Lieutenant assigned on each shift. Two -person companies shall utilize smaller
emergency vehicles. .These units shall not be dispatched to structure fires as a structural
firefighting unit or to perform any structural firefighting duties. Under unusual circumstances
where these two -person crews may encounter a life -threatening situation, including arriving at a
structure fire, prior to any other units, crews may perform rescue functions if necessary. The
number and location of two -person emergency response companies is at the full discretion of the
Chief subject to the conditions set forth in this Article.
37
Section 4. Meacham Airport.
The primary apparatus at Meacham Airport is excluded from the staffing standards noted above.
ARFF apparatus at Meacham Airport may be staffed solely with a minimum of two (2) ARFF
certified fire fighters. If staffed as a two -person company it shall consist of an Officer and an
Engineer.
Section 5. Utilization.
This Article shall not affect the City's or the Chief s rights to set, determine, change, or modify
the number, locations, service status, or utilization of fire stations, facilities and apparatus.
38
ARTICLE 18
PROCEDURE FOR FILLING AND PROBATIONARY PERIOD FOR BEGINNING
POSITIONS IN THE FORT WORTH FIRE DEPARTMENT
Section 1. Recruitment.
The Chief will determine when the following procedures, outlined in this Article for the filling of
entry positions in the Department, will take place. Recruitment for fire fighter candidates shall be
a cooperative effort between the Department and the Human Resources Department. In all cases,
recruitment efforts will be publicized and recruitment notices will be posted on the City's Job
Announcement web page. Recruitment may be conducted on a continuous or periodic basis. The
Department may test at different locations, but all testing shall be conducted simultaneously for
the particular eligibility list being established. A candidate may be tested only once for a specific
eligibility list.
Section 2. Eligibility.
Eligibility to become a fire fighter will be determined by a candidate's ability to meet the minimum
standards established in the Local Civil Service Commission Rules, The Association shall be
afforded the opportunity to assign representatives as unpaid proctors during the physical ability
test and distance run. Candidates must meet all minimum standards and requirements to be eligible
for future licensing by Texas Commission on Fire Protection. A candidate roust not be younger
than eighteen (1 S) years and must not have reached thirty-six (36) years of age by the date that the
entry-level test required of that candidate is administered.
Section 3. Selection Criteria.
The selection of a candidate to be a fire fighter shall be based primarily upon the candidate's
suitability to serve as a fire fighter and including consideration of scores from the selection process.
The Chief shall make the final hiring decision. The rule of three shall not apply. All testing and
selection procedures shall be designed and intended to identify the most suitable applicants and to
exclude those candidates who are deemed not likely to possess the characteristics and abilities to
be successful in the performance of work required of a fire fighter. All candidates shall be required
to pass an entry-level written test intended and designed to measure the candidate's suitability and
ability to perform the duties of a fire fighter. The minimum passing grade on the examination is
70 percent, which will be implemented no later than the first entry-level fire fighter examination
following the execution of this Agreement. The Association sllali be afforded the oppor witty to
assign representatives as unpaid proctors during testing.
The candidate characteristics for which additional points shall be added to a passing test score and
the point values for such characteristics are as follows:
5 points for military veterans with honorable discharge per DD 214
Five (5) points is the maximum cumulative number of additional points which shall be added to a
candidate's passing test score for any combination of such characteristics. In order for points to be
given for Military service, the candidate must provide proof of an honorable discharge by
presenting a DD 214 at the time of application or submitted a minimum of 24 hours prior to the
entrance test.
In the event a candidate who is called to active military service prior to being hired or disqualified
was in a stanine that other candidates were hired from, that candidate shall be added to the stanine
currently being considered or the next stanine to be considered for the next class hired if the
candidate reapplies (completes a new application) within one hundred eighty (180) days of being
released from active duty, provided that the next stanine to be considered is created within 24
months from the date of the candidate's reapplication.
Section 4. Processing Candidates.
Candidates with passing test scores on the entry-level test will be placed on an eligibility Iist in the
order of their overall eligibility scores (test score plus additional points). An eligibility list will be
divided into stanines based on the eligibility scores of candidates who pass the entry-level test. All
candidates within a stanine shall be considered to have an equivalent eligibility score. Candidates
with eligibility scores that span two stanines will be placed in the higher stanine. Candidates may
not be hired from an eligibility list that is created after an existing active eligibility list has been
established until the existing list has been exhausted or has expired. All candidates within a stanine
must be processed and either recommended for hire or rejected before candidates from a lower
stanine may be considered. Candidates will be referred by the Human Resources Department to
the Department by stanine. An eligibility list may be effective for either -a maximum of twelve (12)
months, or until a specified number of candidates for academy classes are selected from a list,
whichever event occurs first. The conditions that will determine when an active list may be closed
inust be included on the announcement notifying candidates of the test. Any eligibility list created
under this Article that is in effect at the time this Agreement expires, including the end of any
"evergreen" provision, will remain in effect until the eligibility list expires, according to the terms
under which it was created. This includes the last entry-level eligibility list ihat was created while
the previous Collective Bargaining_Agreement was in effect.
us]
Section 5. Selection Process.
The Department will determine those candidates who are most suitable to be hired as fire fighters
based on a structured and job -related selection process. The selection process will include testing
for physical ability; personal characteristics linked to the performance of essential job functions,
decision -making, communication skills, and interpersonal skills. The Department will utilize
interview boards (e.g. review boards), polygraph examinations, drug screens, background reviews,
and personal references to assess candidates as long as the methods have been reviewed by the
Human Resources Department and found to be objective and job -related and applied consistently
in processing candidates. Pass/fail scores, rating scales or point scores currently in use as of the
date of ratification of this Agreement shall continue to be used for each selection method in the
selection process. A candidate must complete and pass each selection method in the entry-level
hiring process in order to continue in the process.
The point system currently in use as of the date of ratification of this Agreement for the Interview
Board's personal history interview shall continue to be used for the selection process:
Candidates are rated in the following ten (10) categories:
1. Decision Making
2. Maturity
3. Initiative
4. Communication Skills
5. Interpersonal Skills
6. Attitude
7. Self -Discipline
8. Responsibility
9. Stability
10. Ethics
Each member of the Interview Board may score the candidate on a scale from zero (0) to ten (10).
All scores by the Interview Board shall be within 3 points of one another per category. The total
score per Interview Board member stands alone as long as the 3 point rule is met in each individual
category. Candidates scoring 0-3 in any category are considered less suitable to be hired as fire
fighters for that category. Candidates scoring 4-7 in any category are considered suitable to be
hired as fire fighters for that category. Candidates scoring 8-10 in any category arc considered
more suitable to be hired as fire fighters for that category. The overall total for each interview
41
board member shall equal the sum of all scores in each category. The total score may range from
0 to 100 per interview board member. Then all interview board members' scores shall be added
together for the candidate's final score, which may range from 0-500. Any candidate scoring
below 300 points for a 5 member board, for their final score (240 points for a 4 member board,
180 points for a 3 member board) shall not be considered for hiring by the Fire Chief as they have
been scored below the suitable for hiring range.
Nothing in this Article shall prevent the City, including the Interview Board, from complying with
EEOC regulations or guidelines, nor shall this Article be interpreted to create a private right of
action to an EEOC discrimination claim.
Any candidate needing a reasonable accommodation in order to complete a step in the process will
be afforded an opportunity to request that accommodation from the Human Resources Director.
The Human Resources Director or designee will grant or deny the request.
Any interview or review boards used in the selection process shall consist of one (1) member with
one (1) alternate appointed by the Association and additional members (and their alternates)
appointed by the Chief. Each additional member shall also have an alternate. Interview or review
boards shall not have fewer than three (3) or more than five (5) members on each. Membership of
the interview board will not change during a hiring period unless a member is unable to serve, in
which case his or her alternate shall serve. If needed, any trained alternate may serve as an alternate
for any original board member. In the case of incapacitation, termination or resignation of the
primary or alternate member, one additional alternate may be added after receiving training. In
order to serve, each board member must have prior interview board experience and shall have
received Human Resources training prior to their appointment. Alternates may be appointed prior
to obtaining the required human resources training. Observation of an actual interview board
session (i.e., a full day of interviews) shall satisfy the interview board experience requirement.
Section G. Hiring Process.
Upon completion of the selection process, a total final score, as described in Section 5 from the
Interview Board will be calculated by the hiring process administrator for each candidate based on
the rating or point standards established for the various selection methods. The hiring process
administrator shall be appointed by the Chief. Candidates will be ordered by final score and
grouped into batches of ten (10) based on the candidates' final score. In the event of a tie score,
the ticbreak number drawn at the time of the entry-level test shall be used to rank candidates within
a batch. The candidates will then be submitted to the Chief by batch (highest scoring batch, first)
but without any associated scores or rankings. The Chief may consider signed, written iiiforniatioll
provided by any of the participants in the selection process as to any candidate when making a
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final decision to make a conditional offer of employment to a candidate. The Chief shall hire each
candidate in a batch in order unless a valid reason exists to reject the candidate. The Chief must
either hire or reject each candidate in a batch before the next batch can be presented to the Chief
for consideration. As each candidate is hired, the order in which they are hired will be documented
and this order will be used to establish the final tie breaking criteria for future promotional tests.
The hiring process administrator will evaluate the scores, written documentation, and justification
of the Interview Board for passing over and selecting candidates. The hiring process administrator
may elect to submit the cases which they believe involve inconsistencies in the application of
hiring standards to the Civil Service Director or designee for review. The Civil Service Director
or designee will review the case and may also review the scores and written documentation on any
selected and passed -over candidates to insure consistency and fairness in the selection process and
compliance with applicable law.
Those cases which the Civil Service Director or designee believes conflicts with applicable law or
are deemed to be inconsistent in the application of hiring standards will be considered for
reinstatement in the process after the Civil Service Director or designee confers with the Fire Chief.
The Fire Chief will have the final authority for reinstatement or removal of a selected candidate
based on fair and consistent objectives. Following this review, the Chief will complete the hiring
process.
Section 7. Candidate Hold Over.
If an eligibility list expires or is closed prior to the next class, the Department may retain any
candidate's name that was processed or being processed prior to the expiration of the eligibility
list from the last stanine from which candidates were considered for hiring to be included in the
next available class if such class begins within ninety (90) days of the expiration date. Processing
is defined as the applicant having attended the first orientation meeting in the hiring process.
Section 8. Probationary Period.
All new hires and rehires will serve a probationary period from the date of hire until completion
of Academy training and one year following being commissioned as a Fort Worth fire fighter.
During the probationary period, a probationary employee may be terminated without civil service
appeal rights. Upon completion of the probationary period, the employee will have full civil
service protection, except as modified or abridged by this Agreement.
"Leave for probationary fire fighters will be based upon length of continuous service from date of
hire. Probationary fire fighters will be eligible to use available sick leave after six (6) months of
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service from the date of hire. Probationary fire fighters will be eligible to use available vacation,
personal, holiday and family leave after one (1) year of service ftom the date of hire. Probationary
fire fighters who terminate after one (1) year of service from the date of hire will be paid for any
accrued but unused vacation time.
Section 9. Changes in Process.
The Commission may implement changes in the process or procedures set forth herein if the City
Manager and the Executive Board of the Association approve a Memorandum of Agreement
setting forth the changes deemed necessary to address problems or needs that arise after the
effective date of this Agreement.
Section 10. Preemption.
This Article shall preempt any contrary provisions set forth in TLGC 143.021 (c), 143,023 (b),
143.025 (b), (h), (i), 143.026, 143.027 and any local ordinances, executive orders, or rules adopted
by the City or Commission, it being expressly agreed and specifically so provided under the
authority of TLGC 174,005 and 174.006.
Section 11. Defense.
With regard to this Article only, the City shall defend all claims against the Association (including
its executive board, if named) and will pay any and all claims finally adjudicated 'involving joint
liability of the City and the Association, with counsel of the City's choice. This provision does not
preclude the Association from retaining its own defense counsel, at its expense, and the City shall
reasonably cooperate with counsel designated by the Association to participate.
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ARTICLE 19
APPOINTED POSITIONS
Section 1. Assistant Chiefs.
Persons appointed by the Chief to the rank of Assistant Chief shall meet the requirements of TLGC
143.014(e) as of the effective date of this Agreement, and this Article.
Section 2. Deputy Chiefs.
The Fire Chief may have up to six (b) appointed Deputy Chiefs. Organizationally, the Deputy
Chief classification will be immediately below the classification of Assistant Chief and
immediately above the classification of Battalion Chief. The rank of Deputy Chief shall be filled
by persons meeting the requirements of TLGC 143.014(e) as of the effective date of this
Agreement, and this Article.
All promotions to any position in the classification of Deputy Chief shall be made by discretionary
appointment of the Chief. The Chief will not be required to make promotions within any specific
time. The Chief may, in his sole discretion, use any additional process or assessment procedure in
making appointments to the deputy chief positions. Appointment to the rank of Deputy Chief shall
be by mutual consent of the Chief and the appointee.
Section 3. Rights of Assistant Chiefs and Deputy Chiefs.
Any fire fighter appointed to the classification of Assistant Chief or Deputy Chief may be demoted
to the same or equivalent classification the fire fighter held prior to appointment at the exclusive
discretion of the Chief, and shall have no right to appeal such a demotion. Any Assistant Chief or
Deputy Chief so demoted shall have no right to prior notice, a statement of charges, or to file a
grievance or other complaint. Neither the Commission nor an Arbitrator shall have the jurisdiction,
power, or authority to investigate or review such demotion or to alter the terms of such demotion.
Any fire fighter appointed to the classification of Deputy Chief shall be afforded the same
protections as Assistant Chiefs in regard to TLGC 143,014 (g) and 143.014 (h).
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Section 4. Deputy Chief and Assistant Chief Pay.
The base pay for the ranks of Deputy Chief and Assistant Chief shall not be controlled by TLGC
Chapter 143 and specifically 143.041(b). Such personnel shall be exempt from overtime
con-pensation to the extent permitted by state and federal law.
Section 5. Preemption Provision.
This Article shall preempt any contrary provisions set forth in TLGC 143.014(b)(g) and (h),
143.021(b), 143.021(c), 143.034, 143,036, 143.037, 143.041 and 142.0015(b)-(e), and any local
ordinances, executive orders, or rules adopted by the City or Commission, it being expressly
agreed and specifically so provided under the authority of TLGC 174.005 and 174.006.
ARTICLE 20
SECONDARY EMPLOYMENT
Section 1. On -Duty.
Fire fighters shall not engage in secondary employment while on -duty, except with the knowledge
and consent of the Chief or designee and in accordance with Department rules.
Section 2. Conflict of Interest.
Fire fighters shall not engage in any secondary employment that constitutes a conflict of interest
with the Department or the City, or where the secondary employment interferes with the ability of
the fire fighter to proficiently perform all assigned duties, tasks, and training requirements.
Section 3. Good Conduct Required.
Fire fighters shall at all times be governed by the ordinary and reasonable rules of good conduct
and shall not commit any act tending to bring reproach or discredit on themselves, the Department,
or the City.
Section 4. Registration.
The Chief retains his or her authority to implement a registration system for off -duty employment
in accordance with the provisions of this Article.
Section 5. Limitations.
This Article shall not be construed to authorize unlimited, unilateral or unconditional secondary
employment while on duty.
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ARTICLE 21
DISCIPLINARY PROCEDURES
Section 1. Compliance with TLGC 143.
All disciplinary action shall comply with the applicable provisions of Chapter 143 of the TLGC as
of the date of ratification of this Agreement. This Article provides options in addition to those
included in Chapter 143.
Section 2. Suspension Options.
A fire fighter who is suspended from duty for up to a maximum of ten (10) calendar days may
submit a request to the Chief to forfeit either his or her accumulated paid vacation or holiday leave
in lieu of the suspension. The fire fighter must make the request to use paid leave in lieu of
suspension to the Chief within 24 hours of receipt of notice of the disciplinary action. The request
may be granted at the discretion of the Chief. If a fire fighter is permitted by the Chief to forfeit
his or her paid leave in lieu of all or part of a disciplinary suspension, the disciplinary action is not
appealable. Forfeited time shall not apply to annual leave use requirements. Under an agreement
reached under Section 143.052(g) of the TLGC, the Chief and the fire fighter may agree to forfeit
accrued leave for all or part of a disciplinary suspension through a reduction in the fire fighter's
accrued leave.
A fire fighter cannot make the request to use paid leave in lieu of suspension, as referred to in the
preceding paragraph, if the fire fighter is suspended from duty for an arrest for driving while
intoxicated or boating while intoxicated.
Section 3. Appeals.
Any fire fighter who chooses to appeal a disciplinary suspension as provided under Chapter 143
of the TLGC may be charged with the suspension days before the appeal is resolved.
Section 4. Formal Administrative Investigation.
In the event of a Formal Administrative Investigation of alleged misconduct by a fire fighter that
could result in disciplinary action against that person, the fire fighter shall be notified in writing
that he or she is the subject of a Formal Administrative; investigation and the allegations against
the fire fighter at least thirty-six (36) hours prior to the subject fire fighter's initial interrogation by
the Chief or officers assigned to the investigation. The fire fighter who is the subject of a Formal
Administrative Investigation shall be entitled to have a representative present at his or her
interrogation or any subsequent meeting with the Chief or designee.
Section 5. Preliminary Investigations.
Meetings, interviews, questions and/or discussions, including those that could possibly lead to a
Formal Administrative Investigation, conducted by officers in the fire fighter's chain of command,
are considered as Preliminary or fact finding Investigations, and may be initiated at any time, and
without notice or requirement for representation. This does not prohibit the officers in the fire
fighter's chain of command from allowing the affected fire fighter representation if so requested.
Section 6. Felony Convictions.
Conviction of a felony shall terminate the employment of a fire fighter without right of
administrative appeal.
Section 7. Misdemeanors.
A fire fighter shall notify the Chief or designee through the chain of command within 48 hours of
the fire fighter's arrest for a Class A or Class B misdemeanor or felony; official charge for a Class
A or Class B misdemeanor; felony indictment; and the conviction, acquittal, or dismissal related
thereto.
Section 8. Disciplinary Suspensions.
Before the Fire Chief makes the final determination of terms of a fire fighter's disciplinary
suspension, the Chief will offer the Association an opportunity to meet with the Chief. This
meeting will be for informational purposes only and the decision regarding the disciplinary
suspension is in the Chiefs sole discretion.
The Chief or designee shall not be required to deliver in person a written statement of suspension
to the fire fighter being suspended. The written statement of suspension shall be deemed to have
been delivered to the fire fighter when the written statement of suspension (1) is hand -delivered to
y i r
the suspended fire fighter by the Chief or designee; or (2) is delivered to ne suspended fire
fighter's attorney with signed receipt. If the City attempts in good faith to deliver the written
49
statement as provided herein, but such attempts are unsuccessful, the written statement may be
mailed by certified mail to the last known address of the suspended fire fighter. Service is complete
upon mailing, and the suspension shall be automatically appealed consistent with Chapter 143 of
the TLGC.
Section 9. Diversion.
In the event that a fire fighter's criminal case is successfully admitted into a diversion program, the
Fire Chief may cease further disciplinary action against the fire fighter for conduct related to the
conduct that was the basis of the underlying criminal charge that led to the admission into the
diversion program. if the fire fighter successfully completes the diversion program. the Fire Chief
may rescind any related discipline previously administered and restore the fire fighter back to
his/her position prior to any related discipline received including but not limited to all back pay,
allowances, and emoluments of that office.
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ARTICLE 22
GRIEVANCES
Section 1. Grievances.
A grievance is defined as any dispute, claim, or complaint involving the interpretation, application
or alleged violation of any provision of this Agreement. Except as may be otherwise provided in
this Agreement, all disciplinary action shall be in compliance with the applicable provisions of
Chapter 143 of the TLGC, as of the date of ratification of this Agreement, and is not subject to the
terms under this Article. The Association or any bargaining unit member may file a grievance
under the terms of this Agreement. Each grievance shall be submitted on a form agreed to by the
parties and must include (1) a brief statement of the grievance and the facts or events on which it
is based; (2) the section(s) of the contract alleged to have been violated; (3) the remedy or
adjustment sought; (4) the steps taken by the grievant to resolve the issue; (5) for maintenance of
standards or past practice grievances, the specific right or practice that is the basis of the complaint;
and (6) the bargaining unit member's signature or, if filed by the Association, the signature of the
Grievance Committee Chairman or local Association President.
Section 2. Procedure.
Notice
Notice or delivery of anything in writing required under this Article shall be accomplished by
confirmed receipt (or Read Receipt) email, to the Chief, or designee, or the Association President,
as applicable.
Step 1
A fire fighter who is aggrieved must file a grievance with an Association Grievance Committee
member within thirty (30) calendar days of the date upon which the fire fighter knew of or should
have known of the facts or events giving rise to the grievance. A copy of the notice of receipt of
the grievance shall be forwarded to the Chief by the Association Grievance Committee within
fifteen (15) calendar days of receipt of the grievance. The Grievance Coinmittee shall within
fifteen (15) calendar days of receipt of the grievance determine if a grievance exists. If the
grievance is denied by the Committee, a member of the Committee shall notify the grievant within
fifteen (15) calendar days of the day of the denial. The grievant may appeal in writing to the
Executive Board of the Association within fifteen (15) calendar days of notification of denial of
the grievance. The Executive Board shall have fifteen (15) calendar days to make final
determination of the appeal. if the Association determines that no grievance exists, the Grievance
Committee Chair shall notify the Chief or designee in writing that no further proceedings will be
51
necessary. If the Association determines that the grievance is valid, it shall process the grievance
on behalf of the fire fighters) by forwarding the written grievance to Step 2 of this procedure.
Step 2
Any grievance found to be valid by the Association shall be submitted to the Chief or the designee
within fifteen (15) calendar days of the Step 1 ruling. After receipt of the grievance, the Chief or
designee shall: within fifteen (15) calendar days of receipt of the grievance submit his or her
response in writing to the Association President.
Step 3
If the grievance is not resolved at Step 2, the Association shall have fifteen (15) calendar days
from receipt of the Chief's decision to submit the matter to arbitration. The arbitration procedure
will be implemented by the Association notifying the Chief in writing of their intent to submit the
grievance to arbitration.
Step 4
If a grievance is submitted to arbitration, the City and the Association may, within fifteen (15)
calendar days of such request, mutually agree to a neutral arbitrator. If the parties are unable to
agree on such an appointment, the City and Association shall, within fifteen (15) calendar days,
jointly request a list of seven (7) arbitrators from the American Arbitration Association or the
Federal Mediation and Conciliation Service. Within fifteen (15) calendar days following receipt
of the list of arbitrators, the parties shall select an arbitrator by each party in turn striking one name
from the list until only one (1) name remains. The remaining individual on the list shall serve as
the arbitrator. The arbitrator so selected shall, through the agency selected, be promptly notified
of his or her selection and the parties in agreement with the arbitrator shall select a time, place and
date for the hearing of the grievance.
a. Within thirty (30) calendar days after the conclusion of the hearing, the arbitrator shall
issue a written opinion and ruling with respect to the issues presented, a copy of which
shall be mailed or delivered to the Association and the City.
b. With respect to the application, interpretation and enforcement of the provisions of this
Agreement the decision of the arbitrator shall be final and binding on the parties of this
Agreement.
c. The arbitrator's authority shall be limited to the interpretation and application of the
terms of this Agreement and/or any supplement thereto. The arbitrator shall have no
jurisdiction or authority to modify or to establish new provisions as to the present
Agreement, or to arbitrate away, in whole or in part, the previsions or amendrrrents
thereof.
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d. The cost of the impartial arbitrator shall be borne by the losing party. In the event of a
composite decision, the arbitrator shall determine the portion of such cost to be borne
by each party. If a transcript of the proceedings is requested, then the party so
requesting shall pay for such transcript, unless otherwise agreed to by the parties.
e. Each party shall be responsible for the cost of the attendance of its witnesses at the
contract grievance hearing.
f. If the final date of any response and/or filing period falls upon a City Holiday (observed
date), Saturday or Sunday, then the due date will fall on the next business day.
Section 3. Time Limits.
All time limits set forth in this Article may be extended by mutual consent and in writing, but if
not so extended they must be strictly observed. In the event the Association fails to meet the time
limits at any step of the procedure the grievance shall be considered resolved and no further action
shall be required. Failure by the City to meet the time limits at any step shall be considered a
denial of the grievance and shall automatically allow the grievance to proceed to the next step.
Section 4. Election of Remedies.
It is specifically and expressly understood that filing a grievance under this Article that has as its
last step final and binding arbitration constitutes an election of remedies and any appeal of an
arbitrator's decision in this procedure shall be strictly and solely limited to the grounds that the
arbitrator exceeded their authority and jurisdiction as provided under this Agreement; that the
decision of the arbitrator was procured by fraud or collusion or that the arbitrator's decision is
based upon a clear and manifest error of law.
Section S. Costs.
Each party shall be responsible for the costs of the attendance of its own witnesses at a contract
grievance hearing. Nothing in this Agreement shall prevent the Association from charging non-
members reasonable fees and expenses for representation, in accordance with its by-laws and other
applicable law.
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ARTICLE 23
PERSONNEL FILE
A fire fighter, with or without his or her designated representative, shall be entitled to review and
copy the contents of his or her department personnel folder, upon request, during normal business
hours. In the event an investigation is currently in progress, materials pertaining to that
investigation shall not be available until the investigation is completed. This does not authorize a
fire fighter to review or copy materials deemed confidential by TLGC Section 143.089(g),
provided however, that if any such material from prior complaints or investigations is considered
by the Chief, either as to the truth of current allegations, or the degree of punishment, such
materials shall be available for review under this Article. A fire fighter must schedule a time at
least 36 hours in advance with the Assistant Chief or Deputy Chief over the Office of Professional
Standards or a designee, and any copying of the department personnel folder shall be onsite and at
the fire fighter's expense.
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ARTICLE 24
MISCELLANEOUS
Section 1. Fire Station Air Conditioning Systems.
Control of station heating, ventilation and air conditioning systems will be at the discretion of the
on duty station officer subject to management and oversight by the Chief or designee.
Section 2. Fire Department Committees.
The Association may be afforded the opportunity to assign a voting representative to committees
established and assembled by the Department at the discretion of the Fire Chief.
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ARTICLE 25
CHAPLAIN PROGRAM
Section 1. Appointment as Chaplain.
A minimum of one fire fighter shall be appointed by the Chief for duties as the Department
Chaplain. Individuals appointed as Chaplain provides guidance and counseling for job related
problems, including counseling with immediate family members, and will assist where possible
when fire personnel are injured, ill, or deceased. The Chaplain will perform other related duties
as requested by the Chief.
Section 2. Vehicle Usage.
Individuals appointed as Chaplain shall use his or her personal vehicle and shall be reimbursed for
mileage at the current City mandated rate.
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ARTICLE 26
HEALTH AND SAFETY
Section 1. General.
The City and the Association agree that qualified and responsible fire protection and safety,
including rescue and first responder emergency medical service is the primary purpose of the
Department. In order to provide such protection and service to the community, the City and the
Association agree to maintain the highest reasonable standards of safety and health in the
Department, and the Parties intend to eliminate, as much as possible, injuries, illness and death in
the fire service. This Article does not modify or limit the management rights of the Department
or Chief.
Interpretation of this Article shall be subject to the Article 22 Grievance process only in so far as
up to Step 3, which shall be modified by substituting the term "mediation" for "arbitration." The
same changes shall apply to Step 4; however all references to arbitration services, as well as
subparts (a)-(f), shall not apply.
Section 2. Annual Fire Department Physicals.
Written complaints received by the Association concerning Physicians conducting yearly physical
exams shall be forwarded to the Human Resources Benefits office to initiate a foinnai complaint
and investigation against the Physician.
Section 3. City of Fort Worth Wellness Program.
Fire fighters are not eligible to receive any monetary or leave benefits from participation in the
City of Fort Worth's Wellness Program.
Section 4. Physical Fitness Equipment.
The City shall provide weight training and cardiovascular trailing equipment and will make
reasonable efforts to maintain them in working order.
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Section 5. Personal Protective Equipment.
The Department shall issue and maintain a set of bunker gear for each fire fighter. Prior to a change
in vendor for Personal Protective Equipment (PPE) a wear test shall be conducted by fire fighters
in Operations. The Department shall issue upon request to all assigned 56-hour operations
personnel an additional set of gloves and a hood. Nothing in this section shall be construed to
require the City to provide an additional set of gloves or a hood for any fire fighter who has two
or more sets of either.
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ARTICLE 27
PROMOTIONAL EXAMINATIONS AND APPEALS
Section 1. Release of Promotional Exams' Study Materials and Test Dates.
The posted study materials list for each rank shall include the corresponding promotional
examination date.
Section 2. Promotional Examination
By 5PM the next business day after the examination, the City shall publish the raw scores with
three (3) columns for each corresponding name. The first column will contain the individual's
raw score on the test. A second column will contain the individual's accrued seniority points as
of the test date. Finally, a third column will contain the total of each individual's raw score plus
the seniority points. All lists shall be sorted according to the appropriate tie breakers. The same
columns will be included on the eligibility list from the examination. The failure of the City to
meet the time deadline set out in this section will not be grounds to invalidate the eligibility list
or results of that examination, nor to invalidate any promotional decision based on the resulting
eligibility list fiom that examination.
Any eligibility list created under this Article that is in effect at the time this Agreement expires,
including the end of any "evergreen" provision, will remain in effect until the eligibility list
expires, according to the terms under which it was created.
Section 3. Procedures and Authority.
On request, a promotional candidate will be allowed to review his or her promotional test and the
correct answers, source material and examination grading. The test may be reviewed only once,
except as described below in Section 4. The review and appeal period shall begin the second
business day after the date of the exam. All appeals must be filed no later than 7 business days
after the date of the exarn. A candidate may appeal a test item by stating in writing why the graded
correct answer is wrong or another answer is clearly more correct than the graded correct answer.
A candidate's test item appeal will be submitted by the Human Resources Department without the
names of the appellants, to a board of three fire fighters, two appointed by the Chief and one
appointed by the Association ("Review Board"). This Review Board will review each appealed
question and make a written recommendation as to the validity of the appeal and appropriate
remedy. If the Review Board and Human Resources Department are in agreement as to the validity
of the appeal and appropriate remedy, their decision shall be final and binding. The Commission
shall review all written recommendations and rule on all appeals and remedies in which the Review
Board and the Human Rcsources Department are in disagreement. The Coninlissior► will be
provided with the candidate's appeal, the recommendation of the Review Board and the
59
justification for the correct answer by the Civil Service Director or designee. The Commission
will rule on the validity of the appeal based on the documentation provided without oral argument.
All test items will be graded with either one best answer correct, multiple answers correct or all
answers graded correct. The Commission's decision on test item appeals on which they rule shall
be final.
Section 4. Exam Answer Key Error Procedures.
If the keyed -as -correct answer to any question in a promotional exam is determined by the test
preparer or the City to be incorrectly keyed -as -correct, any test -taker who gave an answer to the
question that was something other than the answer that was intended to be the correct answer will
be given a 5-business-day window to review only that question at issue and file an appeal regarding
only that question. For example, if the answer key for an exam stated that the correct answer to
Question 1 was "A" but the answer key should have stated that the correct answer to Question 1
was "B," any person who answered the question with an answer other than "B" will be allowed 5
business days to review that question and file an appeal. No other additional appeal regarding this
examination will be allowed, and no untin-rely appeal will be considered. Any appeal filed within
this time period will be reviewed by the Review Board and Human Resources and, if the Review
Board and HR agree that the appeal is or is not valid, based on the procedure in this Article, there
will be no further appeal from that decision. If the Review Board and HR disagree, then the appeal
will be decided by the Civil Service Commission. In the event of an incorrectly keyed question,
Human Resources will promptly notify all test -takers of the issue and notify those individuals of
the beginning and ending dates for the 5-business-day time period to review the question and file
an appeal.
Section 5. Reopener
During the term of this Agreement, the City may reopen Collective Bargaining negotiations with
the Association to implement a promotional process for the Battalion Chief Rank that differs from
that set out in TLGC Chapter 143 and this Agreement. The promotion process shall only be
comprised of objective evaluation components and shall not include a traditional assessment
center. This promotional process shall include a multiple choice examination of at least 100
questions and no more than 200 questions.
Any additional objective evaluation component(s) may include one or more of the following:
1. Open book component
2. Tactical exercise with an objective task -oriented checklist limited to Yes or No
checkboxes
If Collective Bargaining negotiations are reopened as provided herein, they will be limited to
discussions surrounding that topic, and will also include discussions of modifications to applicable
review and appeal procedures for promotional examinations set out in this Article.
Such reopened Collective Bargaining negotiations must be completed within 60 days after the
face-to-face negotiations begin, unless the Association and the City agree, in writing, to extend the
negotiations. Any Agreement between the Association and the City that results from the reopened
Collective Bargaining negotiations, will not be effective unless and until it is approved by the City
and the Association pursuant to the requirements of Article 32 of this Agreement.
Section 6. Preemption Provision.
This Article shall preempt any contrary provisions set forth in TLGC Chapter 143, including
TLGC 143.021(c), 143.029, 143.032, 143.034, 143.036, and 143.037, 143.041 and 142.0015(b)-
(e), and any local ordinances, executive orders, or rules adopted by the City or Commission, it
being expressly agreed and specifically so provided under the authority of TLGC 174.005 and
174.006.
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ARTICLE 28
SICK AND FAMILY LEAVE
Section 1. Restrictions.
It is expressly understood and agreed that sick and family leave shall be utilized only in cases of
bona fide incapacitation, illness or injury of the employee or eligible family member. There is no
right to use sick and family leave for personal convenience or extra time off, or to burn excess
leave prior to retirement. No employee shall engage in any outside employment, trade or
occupation while off work when utilizing sick leave.
A fire fighter is not eligible to work voluntary overtime until 30-days after using more than the
following amounts of leave time:
• For 56 hour personnel:
Individuals using more than 96 hours of combined sick and/or family time during the
preceding 180-day period.
• For 40 hour personnel:
Individuals using more than 60 hours of combined sick and/or family time during the
preceding 180-day period.
A firefighter may appeal this exclusion from being eligible to work voluntary overtime in writing
to their respective chain of command for cases where the leave usage can be justified. Such appeal
must be filed after the fire fighter has used 72 or more hours (52 or more hours for 40-hour
personnel) but before the expiration of the 30-day overtime exclusion period. The Chief or
designee will decide the appeal within seven (7) business days, and there is no further appeal from
that decision. A fire fighter shall not be,entitled to back pay for any overtime opportunities missed
if the appeal is approved.
The department retains the right to alter assignments and work schedules including for the use of
excessive unscheduled leave.
Section 2. Disability Accommodation.
The parties agree that, in the event that a fire fighter with a documented disability is adversely
affected by the requirements stated in Section 1 of this Article concerning restrictions from
voluntary overtime, beyond that experienced by fire fighters without a documented disability, the
City agrees to engage in an interactive process with such firelighter with a disability to determine
what, if any, reasonable accommodation is needed to make the applicable requirements and
62
consequences for sick leave usage no more burdensome on a fire fighter with a disability than they
are on a fire fighter without a disability
Section 3. Protection of Medical Information.
The medical records of all Bargaining Unit members as described in this Article shall be kept in
confidence and shall be maintained in compliance with the City of Dort Worth Administrative
Regulation D-10, Protection of Medical Information.
Section 4. Family Medical Leave Act.
Leave use which qualifies under the family Medical Leave Act (FMLA) must be supported by an
approved medical certification and appropriate supporting information as required by the City's
FMLA Policy. Employees have fifteen (15) calendar days to provide the approved medical
certification for medical leave which qualifies under the City's FMLA Policy.
Section 5. Reopener Provision For Changes in Leave Structure.
In the event that the City changes its current Ieave structure as set forth herein during the teen of
this Agreement, the City shall be entitled to reopen Collective Bargaining negotiations with the
Association to discuss any proposed changes. The parties agree that those negotiations may result
in changes in some leave benefits in order to provide similar leave benefits for all City employees.
If Collective Bargaining negotiations are reopened as provided herein, they will be limited to such
differences in the current leave structure and the proposed new leave structure that the City
identifies, in writing, 30 days before the beginning of the reopened negotiations. Such reopened
Collective Bargaining negotiations must be completed within 60 days after the face-to-face
negotiations begin, unless the Association and the City agree, in writing, to extend the negotiations.
Any Agreement between the Association and the City that results from the reopened Collective
Bargaining negotiations, will not be effective unless and until it is approved by the City and the
Association pursuant to the requirements of Article 32 of this Agreement.
63
ARTICLE 29
EMPLOYEE APPRAISALS
Section 1. Evaluation of Competencies.
Fire fighters shall be graded semi-annually on each of the applicable competencies (using the star
system) with no commentary required, However, Battalion Chiefs and above are required to
prepare appropriate commentary to develop the supervisory and management shills of their team
members.
Section 2. Job Objectives.
The Job Objectives section of the City evaluation shall not be used for fire fighters.
64
ARTICLE 30
INCENTIVE PAYS
Section 1: Education
1.1 Firefighters who have completed their initial probation period and have obtained an
Associates, Bachelors, Masters, or Ph.D. degree shall receive educational incentive pay.
Education pay shall be authorized for successful completion of one of the aforementioned
degrees at an accredited college or university. An accredited college or university is an
educational institution approved by the Southern Association of Schools or its regional
counterparts, or a technical training school or college approved by the Accrediting Commission
of Career Schools or Colleges of Technology. An eligible fire fighter must comply with the
City's Human Resources' administrative rules and the Personnel Rules and Regulations
regarding the payment of this Education Incentive Pay.
1.2 Educational incentive pay shall be paid monthly, on the first paycheck of every month,
according to the following rates:
A. Associates Degree — One percent (1.00%) of Step 1 I firefighter monthly pay.
B. Bachelors Degree — Two percent (2.00%) of Step I 1 firefighter monthly pay.
C. Masters Degree — Two and one-half percent (2.50%) of Step 1 I firefighter
monthly pay.
D. Ph.D. — Three percent (3.00%) of Step 11 firefighter monthly pay.
Section 2: Bilingual Skills Pay
2.1 Firefighters that successfully pass the language proficiency test, administered by Human
resources, shall receive bilingual skills pay.
2.2 Bilingual skills pay shall be paid monthly, on the first paycheck of every month, according
to the following rates:
A. Verbal proficiency — One and six -tenths percent (1.60%) of Step 11 firefighter
monthly pay, or
B. Verbal and written proficiency — two percent (2.00%) of Step I 1 firefighter
monthly pay.
Section 3: EMT Certification
3.1 Firefighters holding certification for successful completion of a Texas state approved or
National Registry approved EMS course shall receive certification pay.
3.2 Certification pay shall be paid monthly, on the first paycheck of every month, according to
the following rates:
A. EMT Basic — One and one -quarter percent (1.25%) of Step I firefighter
monthly pay.
B. EMT Intermediate — One and three quarter percent (1,750/) of Step 11
firefighter monthly pay.
65
C. EMT Paramedic or Licensed Paramedic - Four percent (4.00%) of Step I 1
firefighter monthly pay unless the firefighter has opted out of the Paramedic
Program. To be eligible, the fire fighter must be eredentialed by the Office
of the Medical Director.
Section 4: TCFP Certification
4.1 Firefighters holding certification for successful completion of an approved Texas
Commission on Fite Protection (TCFP) course shall receive certification pay.
4.2 Certification pay shall be paid monthly, on the first paycheck of every month, according to
the following rates:
A. TCFP Basic Certification — Zero percent (0.00%) of Step 11 Firefighter
monthly pay.
B. TCFP Intermediate Certification -- One-half of one percent (0.50%) of Step
11 firefighter monthly pay.
C. TCFP Advanced Certification — One percent (1.00%) of Step 1 I firefighter
monthly pay.
D. TCFP Master Certification — One and one half percent (1.50%) of Step I l
firefighter monthly pay.
Section 5: Specialized Duty Assignments
Firefighters assigned to the specialized duties listed below shall be paid monthly, on the first
paycheck of every month, according to the following rates:
Seven and nine -tenths percent (7.90%)
Executive Assistant Chief
of Step 11 firefighter monthly pay.
Program Chiefs
Five and one-half percent (5.50%) of
Up to 10 positions
Step I 1 firefighter monthly pay.
- Program Coordinator
Three and 15 one -hundredths percent
- Section Manager
(3.15%) of Step I I firefighter monthly
Up to a total of 20 Program
pay.
Coordinator and Section Manager
positions, combined
- Fire Inspector
Two and eight -tenths percent (2.80%) of
- Fire Investigator
Step I I firefighter monthly pay.
- Public Educator
- hazardous Materials Instructor
- Aircraft Rescue Fire Fighting Instructor
- Specialty Instructor
- Swift Water / Underwater Instructor
- Technical Rescue Instructor Two and eight -tenths percent (2.80%) of
- Training Academy Instructor Step 1 I firefighter monthly pay.
- Wildland Instructor
- Hazardous Device (Bomb) Technician
- Hazardous Materials Technician -Fire
Prevention
- Hazardous Materials Responder
- Aircraft Rescue Fire righting Responder
- Hazardous Materials Responder
Battalion Chief
- Hazardous Materials Responder —
Deputy Chief
- Swift Water / Underwater Responder
- Technical Rescue Responder
- Wildland Responder
- PIO Responder
- Professional Standards Investigator
- Working Agreement Secretary/Records
Manager
Section 6: Limitations on Incentive Pays
One and six. -tenths percent (1.6%) of
Step 11 firelighter monthly pay.
7.1 If eligible, a Firefighter may receive more than one (1) of the Incentive Pays set out in
this Article, according to the following guidelines:
7.2
A. The higher dollar amount of either: One (1) Education pay, based on the
highest level of degree received; or One (1) TCFP certification pay based on
highest level of certification obtained;
B. Either bilingual skills pay (1. Verbal; or 2. Verbal and Written);
C. One (1) EMT certification pay based on highest level of certification
obtained; and
D. Up to three (3) Specialized Duty Assignment pays.
Section 7. Effect of ATB Raises
The parties to this Agreement understand that the effect of basing the Incentive Pays set
out in this Article on a percentage of Step 11 fire fighter pay, as set out in Appendix A, means that
as across-the-board ("ATB") raises take effect, the Incentive Pays will increase a corresponding
amount. References in this Article to percentages of "Sten 11 firefighter monthly nav" shall mean
the amount set out in the salary schedule attached to this Agreement as Appendix A for the
applicable fiscal year, or evergreen year.
67
Section 8: Qualifications and Eligibility for Incentive Pays
The additional pays for Education, Bilingual Skills, EMT Certification, TCFP
Certification, and Specialized Duty Assignments, set out in this Article are referred to collectively
as "Incentive Pays." These Incentive Pays will be effective on July 1, 2019 and will be based on
the salary schedule that is attached to this Agreement as Appendix A. The qualifications and
eligibility for the Incentive Pays set out in this Article will be contained in one or more
departmental Standard Operation Procedures ("SOPs") and will be considered to be written
Department policies concerning operational issues that can be amended by the procedure set out
in the first two sentences of Article 5, Section 2 of this Agreement. The amounts of such Incentive
Pays will not be stated in the applicable SOPs.
Section 9. Training for Specialized Duty Assignment Pays.
In the case of Specialized Duty Assignment pays, the Fire Chief can extend the 180-day
licensing or certification requirement in any Assignment Pay SOP if the Department has not made
the necessary training available for the certification or license needed to receive the applicable
assignment pay, or if there are any other delays in obtaining the designated requirements that the
Fire Chief determines are not the fire fighter's fault. If the Fire Chief does not extend the 180-day
licensing or certification requirement, the Fire Chief can stop the fire fighter's assignment pay
until the training or licensing is completed.
Section 10. New Incentive Pays
The Fire Chief can add new Specialized Duty Assignments that will receive Incentive Pay, and
can set the amount of such pay. The qualifications and eligibility for such new Specialized Duty
Assignment pays will be contained in one or more departmental Standard Operating Procedures
("SOPs"), according to the requirements of Section 8 of this Article.
Section I1: Preemption
As authorized by TLGC 174.005 and 174.006(a), this Article shall preempt and prevail
over any conflicting state or local civil service provisions including those set forth in TLGC
143.042(c).
ARTICLE 31
NOTICE
Except as otherwise provided herein, any notice, demand, request or other communication
hereunder given or made by either Party to the other shall be in writing and shall be either hand
delivered (with written receipt obtained) or deposited in the United States mail, postage prepaid,
certified snail, return receipt requested, addressed to the Parties hereto at the respective addresses
set out below, or at such other address as they may provide by written notice to the other Party. II
mailed, a written attachment of the document shall be e-mailed via the City e-mail system to either
the Chief or the Association President.
A. If to City:
City Manager
City of Fort Worth
200 Texas Street
Fort Worth, TX 76102
B. If to Association:
President
Fort Worth Professional Firefighters Association - Local 440
3855 Tulsa Way
Fort Worth, Texas 76107
ARTICLE 32
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the successors and assignees of the parties hereto during
the term of this Agreement and no provisions, terms or obligations herein contained shall be
affected, modified, altered or changed in any respect whatsoever by any change of any kind in the
City Council, management or Charter of the City, or by any change of any kind in the Executive
Board, management or Constitution and By -Laws of the Association.
70
ARTICLE 33
SAVINGS CLAUSE & AMENDMENTS
Section 1. Savings Clause.
Should any provision of this Agreement be found to be inoperative, void or invalid by a court of
competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect
for the duration of this Agreement, it being the intention of the parties that no portion of this
Agreement or provision herein shall become inoperative or fail by reason of the invalidity of any
other portion or provision. Such invalidated provision(s) shall be the subject of irmnediate
negotiations between the parties in order to attempt to negotiate a substitute provision. This Article
does not extend the City's statutory obligation to negotiate.
Section 2. Amendments.
Either party may propose an amendment to this Agreement at any time during the duration of the
Agreement, and both parties agree to meet and confer on the proposed amendment. The
Agreement may be amended by mutual agreement of the parties via either reopening the
Agreement or via an attached Memorandum of Understanding, after ratification and City Council
approval.
Section 3. Memorandum of Understanding.
The parties may accomplish a clarification or interpretation of this Agreement by a Memorandum
of Understanding approved by the Association's Executive Board, the City Manager, and signed
by the authorized representatives.
71
ARTICLE 34
DURATION AND TERMINATION
Section 1. Term of Agreement.
A. This Agreement shall be effective as of July 1, 2019, after approval by the City
Council after ratification by the membership of the Association. It shall remain in full force and effect
until the 30"' day of September, 2022, or until such time as it is superseded by a new agreement
between the parties, whichever occurs later; provided however, that in no event shall any part of this
Agreement continue in effect after September 30, 2023. Only specific provisions which are cited in
this Agreement are not subject to this evergreen provision
B. The provisions of this Agreement do not apply to any.fire fighter who separates
from City employment before the effective date of this Agreement or before the effective date of
any specific provisions hereof.
Section 2. Funding Obligations.
The City presently intends to continue this Agreement each fiscal year through its term, to pay all
payments due, and to fully and promptly perform all of the obligations of the City under this
Agreement. All obligations of the City shall be paid only out of annual fiscal year revenues and funds
lawfully available and legally unrestricted therefore and appropriated for such purpose by the City
Council, in compliance with the Texas Constitution, Article XI.
Section 3. Voter Disapproval of the Crime Control Prevention District.
A. In the event the voters of the City, at a duly called election concerning the
continuation, dissolution or repeal of the Crime Control and Prevention District, rescind the
authority for the Crime Control and Prevention District sales and use tax, the monetary obligations
of the City under this Agreement shall terminate on the date of the canvass of such election.
B. In the event of action by the City Council under the prior paragraph, the Parties
shall convene for the purpose of negotiating contract changes in the context of lost funding, but all
other obligations of the Agreement shall otherwise continue unless agreed amendments are
approved by both Parties.
72
Section 4. City Council Authority.
This Agreement does not impair the authority of the City Council to determine the number of
authorized positions in the Department, or to change the classification of positions.
Section 5. Successor Agreement.
Negotiations for a successor agreement to this Agreement shall begin no later than October 1,
2021.
73
IN WITNESS WHEREOF, THE PARTIES HAVE CAUSED THIS AGREEMENT TO BE
SIGNED BY THEIR DULY AUTHORIZED REPRESENTATIVES ON THIS Iff-4ay of rune,
2019.
CITY OF FORT WORTH
Davi Q ke, City Manager
Valerie Washington, Assistant City Manager
Approved as to Form and Legality:
i
Christopher A. Troutt, Sr. Asst. tity Attorney
f 0 �y'®4
Attested by:
ary Kayser,
Fort Worth Professional Firefighters Association, IAFFLocal 440
Michael Glynn, President
Fort Worth Professional Firefighters
Association, IAFF Local 440
74
75
CITY OF FORT WORTH
Fire Civil Service classifications
KnTF_5:
httncx ihr }3raN lmxan (ATTkI Pa5>teue Pnmuegr
F y 2018.2-19 - a 1.f k. Pni D.6ig 30, G. 2019('In 13)
PV 2019.2010 lWa 1ff i. Fi l Pay Pn bd,f F1' 200302P
F 5'Mo. 2-21 4W. PIPMi.i r. i PlSr .d of F1'2010.2021
1'V 2021.201E 40M'= Pliati.Y Fiat P, PedAw T 2021.201E
sun-l'Pm pf,Aulirn fmn unhmgn a=1.m5'. sir 1=I.a mod— wer en..... i.,itlu: slop2-2rn1 uNi,els.ry uf,'mw'd..im1).0r.elc,
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Slm.kfCmlzizT: T& n•`nSiirk (UT] r•4xM1irh u 1.4v llk 5lep lieuSy Rnie
Stzo liUF� ih hdid.T ow�rimer>nfrrFlre rarda paid al L2 of llrc slry ll�nR•le fur '
nvk' eno etit rm izn4adids .
CITY OF FORT \NORTH
Fire Civil Smice Classifications
€)FPUTY CHIEF b]ininnlnF 4.873 10,158 126,693 1 43.51 1 48.88 65.26 21,75
Y0711532 B]nxinluln 5 fi52 12,246 146,954 50.46 52.99 75.70 25.21
ASSISTANTCHIEF Miu ilPlllm
Y0811027 Alnxilnllnk
'FRAINFES 1 1535 3326 39915 13.71 20.56 6.85
Y1711026 I--
2i OTFS:
Arms Iha D. d lixrcnu(XI Ilc) Pay 9... Mc d-p
FY'2u1F-]"I 1.00'b FJl�cliax Prriad l3tgiiuim ff July 42n 19 IPPI115)
f]'. -2020 3.w; YRMilx rni Pxv Ptlinl ofFl 2019-2a10
fl'2U1mui 4.W1 FReclinxr tpav Pmod of F1'Imo-2a11
P]'2021.2022 4.WM OWN, F'in(Pay PnlVd ofFl2011.2933
51v1 =Ifs..0 uaumiSandlnsy, Slrp I Step 1- 2.d aeudralnan of Cmmii+sim IJ9e. elr.
Af sisl,snl Cinef= and � -poly [Tiers aec �wv ai n Slep PIm 'Ihe Firc4fiisfdMmrvnexrlu pay •ennun .nF..hne bel.seen 1ha elidnueu nial mnismvn of the k'+y R.v1yx
As!ifl�nl fiii�f•nd lkpwy ['hief eaiarysmlye change• wneingeid upmehnrtgr• to Ot1Ksd Fn�pkYTe klsunusee_
Rile eal.�la<iMsa 40hnrtthcdnle.k'n Payl'mwi hlmlldyudilr¢wal <nlss ve •ppmtanlime,
SG hatr MUSnla', Pm Fay Pariad. hlonlhlyud Mm�•I snit nrr •Pi"n+imalionv_
d9.Ilagr Shcie�flla
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sib rtg ARcli
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4,873 10.559 €26 693 6091 1 68A1 1 91.37 30.46
5,652 12,246 146,954 70.65 1 74.11L 105.99 35.13
5.475 11,862 142,341 68.43
6.351 13,760 165,120 79.38
1535 3,326 39 915 19.19 28,78 9.59
5 m11Muly Ram; Ilse h— sale ofa atry inapayacW.3nle lye a 40 hau.f
Sk..11"1,QL Tha o _Jar i)rale nldrhu l..sstllt 51ep "—IV Rnle.
Sle HOF: Thrhdlymxhinu sale f Fi.era raid.. in nf1h m,it-4. R-fo
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C1'1'Y OF FORT NORTH
Fire Civil Service Classifications
Salary Schedule for FY 2019-2020
FI€LEFIGHTElt
5lnr!
1
2,161
4,682
56,183
19.29
25.65
29.94
9.61
Y01/1032
1
2
2,269
A 913
58958
20.21
25.65
30,37
10.12
2
3
2381
5,159
61,909
21.26
25.65
3L89
10.63
3
4
2 500
5 418
65,011
22.33
25.65
33,49
1 I,16
4
5
2,704....
5,859
70,300
24,14
25.65
36.21
12.07
5
6
2,838
6,150
73,796
25.34
26.61
38,01
12.67
6
7
2,838
6,150
73,796
25.34
26.61
3901
12.67
7
8
2 838
6 150
73 796
25.14
26.61
39,01
12.G7
8
9
2,838
6,150
71796
25.34
26.61
39.01
12.67
9
10
2,922
6,330
75,959
26.08
27.39
39,13
13.04
14
1 11
1 3,004
6,508
78,101
26.82
28.16
4023
13.41
F OTF:S:
An.es II><• nrera }xressez Ir1T[is)Pay Raise I'.rq-rusbe
F1'2p194M 7N.- IRMiar Pn id f3egmng)dgb.2019(PPR 1 f2
F)'2019-202V 3.0 . IRMi" Filsl Pay PmW d IN 2019-2020
FY202-21 4.%-n JE tiar Fufl Po-y Pm.d of F1' 20204021
FY2.n-2022 4.IX-4 fAmne rM Pay M w nF F12021-1022
SIu1-1'P- yaelwlim finalSrainn6acaJcm). 61tp 1-1,,•nu. ersan of Camp M,, Rnr, Sup 2=2M mni-r 4C.-im DNa.ele.
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2 161
A 682
56,193
27,01
35.91
40.52
13.51
2,269
4,913
58,958
28.34
35.91
4252
14.17
2,381
5 159
61 908
29.7b
35.91
44.64
14.88
2,500
5,418
65 011
3 €.26
35,91
40.88
15.63
2,704
5,858
70,300
33.80
35.91
50.70
16.90
2,839
6,150
73,796
35,49
37.25
53.22
IT74
2,838
6,151)
73,796
35,48
3725
5322
.17.74
2 838
6,150
73 796
35.48
37.25
53.22
]7.74
2 838
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73,795
35.48
37.25
53,22
17.74
2 922
G 330
7S 959
36.52
38.34
SA.78
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3004
6508
78I01
37.55
39.A3
56.32
1 18.77
42.52
42.62
45.10
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CITY OF TORT WORT11
Aire Civil Service Classifications
Salary Schedule for TY 2019-2020
DEPUTY CHIEF Minimum 4 873 10,558 126.693 43.51 48.88 65.26 21.75
Y07/1532 Maximum 5,652 12,246 146,954 50,46 52.99 75.70 25.23
AS51$TANT CHIFF 144ini2unm
Y09/1021 Maxi1n11n1
'IRAINEES 1 1535 3326 39915 13.71 .,,.:.:_.:..,,,:.;�::' 20.56 6,85
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Ty 2a20-2021 4.00°6 Eneeiiee V'-Vey PmM dFY 2010-2021
TY 2021-2022 4.W°6 ElFreli+x Fuel Pay Pnicd n(Pl'2021-2022
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40Haul.Sslicdule, , ,
kerFaY
Monthly
Anndel
Step#IotJrl i�Ciing
Hmly Step
P�r1uiE
Rafe Rate .:
o HOB
4 873 10 S58 126,693 60.91 68.43 9137 30A6
5,652 1 12,240 - 146,954 70.65 74,18 ]05.98 35.31
5 475 11,862 142 34l 68 43
6 35l 13 760 1G5 120 79.38
1 535 3 326 39.915 M 19 - 28.78 91.59
sen xmnheale:'y1x n�1y ram eie mer in. r.rsaa,dn [.6 n w hrvp
51en rrawlrel'1': JM mxA i0x (01) rate slid, u F tithe Slep llaely Nale.
SIe ALL: Thehdidny med3me+ele for Fire ranks paidallR ofthe 8fep]laeh'F4<f
..vhin m.(:rty rcmpilaw111elida.
CITY OF I O12T WORTH
Fire Civil Service Classificnfions
Salary Schedule for FY 2020-2021
Nf2TPi:
A-1h lb -I h1<ueuea{ATI191 Puy aaise R.m AV
Pl-E018.2019 2M0h hll'n1i,e Pnbd fkglmnp 11114. 2019(PPa 5y1
4'1' 2019-20E0 Elfnlivx Fell 4Ly Prliod Nil' 2019-2020
P7'10E0-EOE] 4.0U: F.Ifxlis'x foal Puy Period NFS- E020-i021
PT 2029-20E2 4A1P1 Plf 6.F I Pey PrrWd of PY 2021-E022
S1asa—upnl g1aJluainlfnn tninm5andumP:n,i= 1s1 aNdamary of CMr nitsittl 1)i1 mIp 2= 1,i vmitenan NCmnJutim ntl e. arc
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.s W.nl Chie fand D v,dy Chiefcah�ranw dw —ilpltl aplmelunges1ot3emal GPIy'xe S11-1-.
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CITY OF FORT WORTH
Fire Civil Sul -vice Classifications
Sala€y Schedule for FY 2020-20ZI
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1 12,246
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1 50,46
152.99
75.70
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12,246
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35.33
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11,862
142341
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CITY OF FORT WORTH
Fire Civil Service Classifications
Salary Schedule for FY 2021-2022
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CITY OF FORT WORTH
Fire Civil Service Classirteations
Salafy Schedule for FY 2021-2022
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84
41 CITY SECRETARY
RECEIVED COINRACTc10.._5a
pl1G 21 2419
CITY GC F0117 V+14RFFl )
G;TY SECRUARY
This Healthcare Contract ("Agreement") is entered into between the City of Fort Worth
(the "City") and the Fort Worth Professional Firefighters Association (the "Association") as an
addendum to the 2018-2022 Collective Bargaining Agreement between the Parties and any
successor collectively bargained agreements between the Parties. The Association and the City
collectively are referred to herein as the "Parties."
WHEREAS, the City currently makes contributions for Recruits, fire Fighters, Pre -
Medicare Retirees, Medicare Retirees and their eligible spouses and dependents to participate in
the City's Healthcare Plans; and
WHEREAS, the Association has proposed that the City agree to allow the Association to
continue to provide a separately administered and funded healthcare plan for the Covered
Populations, as defined below with the City retaining coverage obligations for Medicare
Retirees; and
WHEREAS, the Association intends to continue to operate a tax-exempt Trust (the
"Trust") for the purpose of funding a healthcare plan to the Covered Populations; and
WHEREAS, the Association's proposal requires the City to continue to contribute an
amount of money as calculated by the City to be placed in the Trust periodically; and
WHERE, AS, although the City may continue to offer some benefits to some or all of the
Covered Populations to the extent such benefits are not available under the Trust, the Trust will
be the only avenue for the Covered Populations to obtain those benefits that are provided or
offered by the Trust; and
WHEREAS, for each full or partial calendar/plan year in which this Agreement remains
in effect, the City will be relieved from, and the Trust will be solely responsible for, providing a
healthcare plan for members of the Covered Populations who would have qualified for coverage
under the City's Healthcare Plan during that year.
NOW, THEREFORE, in consideration of the mutual promises and agreements
contained herein, including the recitals set forth above, the Parties agree as follows:
Seet.ion 1. Definitions.
a. "Board of Trustees" means the governing body of the Trust as detailed in the
Trust Agreement, attached hereto as Exhibit A.
b. "Business. Day" shall mean a day on which Fort Worth City Hall is open to the
public and shall exclude Saturdays, Sundays, and City holidays.
C. "City Contributions" means fiends provided by the City for purposes of
subsidizing healthcare benefits of the Covered Populations. Such contributions may not be used
for voluntary benefits. ft does not include money deducted from the pay of active Fire Fighters
or Recruits for healthcare premiums that is remitted to the Trust for the Local 440 Benefit
Plan(s).
d. "City Healthcare Plan" means the healthcare plan that the City offers to retired
employees, eligible spouses and dependents, as amended from time to time.
C. "City Subsidy" means the rate table reflecting each plan design for actives, retires,
spouses, dependents and each combination thereof a developed for the City's Healthcare Plan
each year.
f "Code" means the Internal Revenue Code of 1986, as amended, and regulations
adopted thereunder. The tern. includes any subsequent amendments to or successors of those
statutes or regulations.
g. "Covered Populations" means Recruits, Fire Fighters, Future Retirees, Pre -
Medicare Retirees, Eligible Spouses, and Eligible Dependents eligible to receive healthcare and
other benefits under this Agreement. ne term does not include Medicare Retirees. The term
also does not include any Pre -Medicare Retiree, whether single or part of a married couple, who
has chosen to not enroll in the Local 440 Benefit Plan, nor their eligible spouse and eligible
dependents.
h. "Effective Date" means May 1, 2018.
i. "Eligible Dependent" means a legal dependent (other than an Eligible Spouse)
who would be eligible for coverage on the City's Healthcare Plan due to the person's
relationship to a Recruit, Fire Fighter, Future Retiree, or Pre -Medicare Retiree.
j. "Eligible Spouse" means a legal spouse who would be eligible for coverage on
the City's Healthcare Plan due to the person's relationship to a Recruit, Fire Fighter, Future
Retiree, or Pre -Medicare Retiree.
lc. "Fire Fighter" rneans any active employee and rnernber of the bargaining unit
represented by the Association.
1. "Future Retiree" means any Fire righter who had not retired before the
ratification of the initial Agreement in 2018 and is thereby governed by the terms of the 2014
Collective Bargaining or successor agreements and retires from the City on or alter the Effective
Date.
in. "Health Savings Account Plan" or "HSA Plan," also known as a high deductible
healthcare plan, means one in which a participating member pays a higher -than -normal
deductible in exchange for a lower premium cost and, in the case of the City's USA Plan,
incorporates a health savings account funded with pre-tax contributions by the participant and/or
emnlover with the balance in the account for use in paying qualified medical e ilet-,sels it)
accordance with the Code.
2
n "Local 440 Benefit Plan" shall mean the plan provided to the Covered
Populations under this Agreement, which will include medical, pharmacy, and dental benefits,
and may include other benefits and products related to physical or mental health.
o "Medicare Retiree" means any former Dire Fighter who retired from a position
within the bargaining unit represented by the Association before the Transition Date and who, as
of the Transition Date, meets the age requirement for Medicare or is otherwise eligible to receive
current Medicare benefits. The term includes an Eligible Spouse or Eligible Dependent of a
Medicare Retiree.
P. "Post -Transition Claims" means all claims incurred on or after the Transition
Date that are the responsibility of the new plan. Hospitalizations or other inpatient treatments
commenced on or after the Transition Date shall be considered to be Post -Transition claims.
q. "Pre -Medicare Retiree" means any former Fire Fighter who retired rom a
position within the bargaining unit represented by the Association before the Transition Date and
who as of the Transition Date had not yet met the age requirement to be eligible for Medicare.
r. "Recruit" shall mean any employee of the City of Fort Worth who is participating
in a City of Fort Worth Fire Fighter Training Academy and who is covered by this Healthcare
Contract as a condition of employment and will be represented by the Association upon
graduation, both as a consequence of Texas Local Government Code 174.001 et seq.
S. "Third -Parry Administrator" or "TPA" means an organization that processes
medical or healthcare claims or certain aspects of employee benefit plans offered by the Trust
and the Local 440 Benefit Plans).
t. ""Transition Date" means the date of January 1, 2019 on which coverage for
Recruits, Fire Fighters, Future Retirees, Pre -Medicare Retirees, Eligible Spouses, and Eligible
Dependents shifted to the Trust in accordance with Section 5.
Section 2. Coverage and the Provider.
a. The Association and the City entered into the initial Agreement in 2018 to
obligate the Association to take appropriate steps to create a Trust that would administer a
healthcare plan for the Covered Populations and allow the Trust formed by the Association to
otter a dental plan and other voluntary benefits that may include vision, disability, and life
insurance. All of the Covered Populations who are eligible to participate in the Local 440
Benefit Plan(s) will be excluded from the City's Healthcare Plan's offerings with the exception
of benefits identified in Section 2.c.
b. The City shall allow the Trust to participate as a sub -organization under the City's
dental plan so long as the plan mirrors the City's exactly, the cost is hilted ,separately to the
Trust, and the arrangement is reasonable for all parties.
3
C. The City shall continue. to provide an Employee Assistance Program to Fire
Fighters and Recruits and their Eligible Spouses and Eligible Dependents, if provided by the City
to other active employees and their eligible spouse and dependents.
d. The City shall continue to provide to active Fire Fighters and Recruits coverage
under basic life insurance at the City's expense if provided by the City to other active employees.
e. In accordance with the requirements of the Code, the City shall continue to
administer any Health Savings Accounts and Flexible Spending Accounts (respectively, "HSA"
and "FSA") for eligible Fire Fighters, Recruits, and Pre -Medicare Retirees if provided by the
City to other active employees. All third -party administration costs related to administering
IISAs and FSAs for eligible members of the Covered Populations will be deducted from the City
Contributions as detailed below.
f. Benefits described in Sections 2.b through 2.d are subject to change or
discontinuation at any time in the discretion of the City. Availability to Covered Populations
shall be contingent on benefits being available to other active City employees.
Section. 3. The Trust.
a. The Association shall continue to operate a tax-exempt trust (the "Trust") in
compliance with all State and Federal laws and with the sole purpose to fund and administer the
Local 440 Benefit.Plan(s) for the Covered Populations. The Trust must obtain Internal Revenue
Service approval for the Trust to function as a tax-exempt, non-profit entity, provided, however
that such approval is not a prerequisite to execution or implementation of this Agreement or the
transition of Covered Populations to the Local 440 Benefit Plan(s).
b. The Trust is prohibited from providing benefits to any persons outside of the
Covered Populations contemplated by this Agreement. However, the Parties acknowledge and
agree that a future, mutually agreed healthcare contract and/or collective bargaining agreement
may expand the concept of Covered Populations and allow the Association and/or Trust to
provide a healthcare plan or other benefits for Medicare Retirees, their eligible spouses and
dependents, or others.
C. The instrument governing the Trust shall be consistent with the form and content
of the 'Trust Agreement attached as Exhibit A. The Trust shall limit investment options to those
authorized by the Trust's drily adopted Investment Policy Statement, which shall be provided to
the City for approval at least 30 days before adoption. The Trust shall prevent prohibited
transactions such as loans and excess compensation.
d. The Trust shall not compensate any member of the Covered Populations for
managing the Trust; however, this provision does not prohibit the Board of Trustees from hiring
p en- ber li-isons who have the limited 1C3p.^.:islr'.:ity Of explaining plan beneiiis, add essm vpCrr
enrollment questions, and directing participants to appropriate vendors for issue resolution. In
4
addition, this provision does not prohibit the Board of Trustees from hiring and compensating an
appropriate number of staff who are not members of the Covered Populations to manage the
affairs of the Trust.
C. Expenditures from the Trust for travel, training, and conferences for the purpose
of fulfilling the Board of Trustees' responsibilities to the Local 440 Benefit Plan(s) shall be
limited to destinations in the United States. Where feasible or practical, the Trustees shall
participate in organizations and meetings located in the Dallas -Fort Worth area of Texas to
minimize travel and related expenses. All travel and training shall comply with a formal Travel
and Training Policy adopted by the Board of Trustees that places appropriate limits on
frequency, duration and cost of travel.
f. The City recognizes that the Trust will incur administrative expenses, including
broker and benefit -administrator fees, related to providing lealthcare coverage, and Trust assets
may be used for purposes of paying such expenses. All administrative expenses shall be
accounted for separately and / or disclosed on Schedule C of Form 5500.
g. The City also recognizes that the Association may offer certain health and
wellness related voluntary benefits that may be administered as part of the Trust. Any provision
by the Association of voluntary benefits may be included in the Trust but must be funded and
accounted for separately from. the City Contributions.
h. The Association will invite an employee of the City designated by the City
Manager to participate as an ex ex-officio member at all regular and specially called meetings of
the Board of Trustees; however, said designee will not have a voting position or assume any
fiduciary responsibility for the City in the management of the Trust or administration of the
Local 440 Benefit Plan(s). The ex-officio member will be given at least 30 days advance notice
of any regularly scheduled meeting, and at least seven days advance notice of any special
meeting, and receive a copy of all materials provided to the Board of Trustees related to the
management of the Trust in the same aianner as other Trustees.
i. Initially, the Trust will cover, at a nhinimum, all of the Covered Populations who
would be eligible for coverage under the City's Healthcare Plan as of the "Transition Date. For
future years, the "Trust will cover, at a minimum, all of the Covered Populations who would be
eligible for coverage as determined by the City each year. All other healthcare plan decisions,
including but not limited to, the level of coverage, who is covered (with or without City subsidy
as determined by this Agreement), and the amount to be paid by the Covered Populations, will be
made by the Trust, provided the level of coverage meets the requirements of minimum essential
coverage under section 4980H of the Code or any successor thereto. The Association and the
Trust acknowledge and agree that the City is not taking any claims risk, and that the sole
responsibility of the City is to pay the agreed -upon City Contributions. All decisions related to
the healthcare and related benefits for the Covered Populations will be made by the Trust.
Under no circumstances shall any action or decision of the Association or the Trust, including
but not lintited to providing additional subsidies to participants in the Local 440 Rengflt
Plan(s), "be consh'aGRI vr hur-i'l etc d to adtei- the lib it;ations of the Ciij, io ihe Covet-edl
Populations in the event of'a return to the City's Ilealtheare Plaits under Section il.
5
j. The "Trust, either directly or through its advisors, shall: (1) contract for fiduciary
liability coverage, that includes coverage for errors and omissions of the Trustees with a
minimum annual coverage amount of $1,000,000.00; (2) contract with a licensed trust company
or other financial institution to hold the Local 440 Benefit Plan(s) assets in the name of the Trust;
(3) contract with a third party administrator (""I:'PA") who is duly licensed and in good standing
in the state of Texas to administer the Trust, which may include the payment of claims; (4) put in
place a fidelity bond with coverage in an amount that is equal to $500,000 covering all persons
who handle the Local 440 Benefit PIan(s) assets.
k. Funds transferred by the City to the Trust pursuant to the 2014 Collective
Bargaining Agreement ("CBA") Article 15, as amended, or any successor CBA, must be
segregated from other Trust funds and used for the sole benefit of participants who were hired on
or after January 1, 2009, and who subsequently retired from the City.
1. The Association agrees that every duty or obligation of the Trust that is stated in
this Agreement, including, but not limited to, the obligations to indemnify, hold harmless and
defend the City, is also a duty or obligation of the Association. If the Trust fails or refuses to
tirnely perform any such duty or obligation, the City may require the Association to take action
to satisfy such duty or obligation, and the Association can satisfy the Trust's duty or obligation
by either fully performing that duty or obligation itself, or by causing the Trust to fully perform
the duty or obligation.
in. The Association shall retain all responsibility and liability for the collective
bargaining obligations incidental to funding for the Trust and their obligations under the
"appointing fiduciary" doctrine with regard to any Trustee appointed or elected by the
Association.
Section 4. City Contributions and Adjustments to Paymcnts from City.
a. All of the City Contributions will be used only for the purposes of providing
benefits to the Covered Populations that are permitted under the rules and regulations of the
Internal Revenue Service adopted pursuant to Code Section 501(c)(9).
b. For purposes of determining the City subsidy level for each plan, it will be
assumed that:
i. The City's HSA Plan and its successors is equivalent to the Association's
HSA plan; and
ii. The City's Health Center Plan and its successors is equivalent to the
Association's non-I-ISA plan.
C. The City Subsidy will reflect the amount that the City would have contributed
(excluding amounts paid by employees) for each enrolled member of the Covered Populations
had they enrolled in the City Healthcare Plan = The subsidy rate for each City _N_ealti care Plan
M.
will be computed annually and used to determine the City Contributions for the corresponding
Local 440 Benefit Plan.
d. The City Subsidy for calendar year 2019 was calculated based on the City
actuary's 2018 plan year rate schedule for General Employees, Police, and Fire Actives and
Retirees, plus 3%. In subsequent years, the City Subsidy shall be based on an actuary's rate
workup for the upcoming plan year that is supported by monthly paid claims and administration
costs for General Employees and Police. Changes to the City Subsidy for purposes of calculating
the City Contributions in calendar years after 2019 will be limited to an annual increase or
decrease of +/- 3%. In the event that, during the terns of this contract, either the General
Employees or Police are no longer part of the City's Healthcare Plan, both parties agree to
negotiate in good faith the basis of the new base calculation for the City Subsidy, and the +/- 3%
limitation will not apply. Upon mutual agreement of the new City Subsidy, the City
Contributions in future calendar years will be limited to an annual increase or decrease of +/-
3 %.
C. The City Contributions will be limited to members of the Covered Populations
who would otherwise be eligible to participate in the City's Healthcare Plan as determined by the
City 'for each plan year. For example, the parties understand and agree that if the City decides to
discontinue coverage for working spouses, the Trust can continue to cover such persons under
the Local 440 Benefit Plan(s), but the City Contributions will not include any money attributable
to the cost of coverage for working spouses during the time that working spouses would not
otherwise be eligible for coverage under the City's Healthcare Plan.
f. In order to calculate the City Contributions, on a monthly basis, the City will
(i) inultiply the City Subsidy times the number of actual enrollees in the corresponding Local
440 Benefit Plan; and (ii) make the following adjustments;
. i. The City Subsidy for the 2019 plan year was reduced by 13.3% and in
each future year, the then -current subsidy will be reduced by 15.2%. The intent of these
reductions is to ensure the City does not pay more to provide coverage for Covered
Populations under the Local 440 Benefit Plan(s) than it would under the City's
Healthcare Plans with such percentages reflecting the fact that a iilember of the Covered
Populations generally costs the City less than the hypothetical "average" City Healthcare
Plan participant. The percentages are calculated on the basis of annualized 2017 claims
projections for the Covered Populations;
ii. The City Contributions will be reduced by the third -party administrative
costs and/or insurance premiums associated with any benefits and services that the
Covered Populations continue to receive from the City, including, but not limited to, life
insurance, HSA and FSA administration, and Employees' Assistance Program;
iii. Deduction of the City's annual HSA contributions beginning in
plan/calendar 2019; and
rA
iv. The City Contributions will be reduced by any additional administrative
and premium costs incurred by the City as a result of the Covered Populations being
removed and excluded from the City's Healthcare Plans, thereby reducing the number of
covered lives and increasing the City's per -covered -life cost for its remaining plan
participants; such costs include but are not limited to those associated with third -party
administration, pharmacy benefit management, voluntary dental insurance, and voluntary
disability insurance.
The actual amount of the City Contributions shall be calculated each month to reflect the actual
number of participants in the Local 440 Benefit Plan(s) who would have been eligible for
coverage in the City's Healthcare Plan during that plan year and who are enrolled in the Local
440 Benefit Plan(s) as of the first day of the month.
g. While this Agreement is in effect, if the City adopts reference -based pricing,
resulting in quantifiable reductions in the City Subsidy, the City will negotiate in good faith with
the Association to maintain the City's Contribution without regard to these savings. That
notwithstanding, if the City adopts reference -based pricing, the 3%-I-- corridor described in
Section 4d shall continue to apply.
h. In the event that the City determines it is necessary to deposit funds into the
City's active or retiree healthcare funds to restore fiind balance or to adopt a mid -year
supplemental appropriation due to the cost of excess claims, the City is not responsible for
malting a similar supplemental appropriation to the Local 440 Benefit. Plan. Since the Trust
solely controls the Local 440 Benefit Plan, City Contributions will be limited to the calculations
outlined in Section 4 and the Trust will be responsible for ensuring the sustainability of the plan
design based on that City Contribution.
i. The Association will be responsible for confirming the eligibility and actual
participation/enrollment of the Covered Populations and reporting such information to the City
on a timely basis. The Association shall provide affidavits, as requested by the City, from
mennbers of the Covered Populations to verify whether they would be eligible for coverage or
not under the City's healthcare Plan, including for non -working retirees or retiree spouses, to
support the monthly calculation of the City Contribution. If the City is otherwise performing a
dependent audit of its other health plans, the Trustees may elect to include the Trust's health care
plans in such dependent audit programs, provided that the City gives 60 day advance notice to
the Trust and the Union of the upcoming dependent audit. If the Trustees elect not to participate
in the City's dependent audit verification program, the Trust shall establish its own dependent
verification audit program on the same timeline or intervals as the City's health plans.
j. The City will directly bill the Trust for the City's actual costs for each item listed
below unless the parties mutually agree by a separate letter agreement to allow compensation for
administrative costs in another manner. The City shall allow payments from the Trust to be made
in egUal parts for the remaining months of the Local 440 Benefit Plan(s) year in which the bill is
sent.
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i. Direct expenses of the City paid to a third party in facilitating the
implementation and on -going operation of the Local 440 Benefit Plan(s), including but
not limited to, technology, file interfaces and legal costs;
ii. For 2019, the City's required contributions to HSA accounts with the
amount billed to the Trust reduced by a prorated amount reflecting the number of months
that the member of the Covered Populations was on the City's Healthcare Plan.
ill. Members of the Covered Populations will not be eligible for participation
in the City's Wellness Program in 2019 or beyond because a primary intent of the
Program is to reduce and control claim costs for participants on the City's self -funded
healthcare plan.
lc. Since fewer than 100% of all retirees eligible to participate in the Local 440
Benefit Plan have waived their rights to access to the City Healthcare Plan, the City and the
Association agree that the City will continue to offer the City Healthcare Plan to those individuals
who did not choose to participate in the Local 440 Benefit Plan so long as they are eligible.
The parties have agreed to an annual reconciliation of the costs of retirees who remain covered by
the City Healthcare Plan instead of the Local 440 Benefit Plan, namely for coverage of-
(i) any Pre -Medicare Retiree who did not choose to enroll in the Local 440
Benefit Plan and remained on or enrolled in the City Healthcare Plan; and
(ii) any Retiree who is part of a married couple (one of whom is Medicare -
eligible and one of whom is not Medicare -eligible) that has chosen to not
enroll the Pre -Medicare spouse in the Local 440 Benefit Plan and, as a
result, will have split coverage for those two spouses between City
Medicare and the City Healthcare Plan.
The annual reconciliation of costs shall be done as follows:
No later than 180 days after the end of the plan year, City will determine the
claims incurred and amounts actually paid by the City under the City's Healthcare Plan
for the calendar year. The City will also determine any employer and employee premium
payments owed for such coverage period.
After reconciling the premium payments and claims incurred and paid by the
City's Healthcare Plan (not otherwise paid by the City Healthcare Plan's stop -loss
carrier), the City will remit to the Trust any surplus employer/employee premiums, if
any, in excess of the claims incurred (and actually paid by the reconciliation date).
In the event that for a particular calendar year claims exceed the annual
employer/employce premiums associated with any rnennber of Ibis frrorinS the City will
J
not pay to the Trust any surplus premiums for that calendar year, and instead will
E
withhold from future premiums otherwise payable to the Trust (payable at least 30 days
after the reconciliation is provided to the Local Association and Trustees of the Trust) a
sum of money equal to the amount by which the adjusted claims paid exceeded the
premiums collected for the group. In determining the adjusted claims costs, only claims
yip to the aggregate and individual stop -loss attachment rates / factors established by the
Local 440 Benefit Plan for the year in which the claims were incurred shall be included.
Any reimbursement amounts received via third -party reimbursements /
subrogation claims shall first reimburse the City for any retained claims in excess of the
Association's stop loss limits (not credited in the previous paragraph). If additional
reimbursements are available, the Association Healthcare Plan will be credited for that
amount to the year in which the claims were incurred, rather than when the
reimbursements were paid and resulting adjusting payments between the parties shall be
included in the next subsequent annual adjustment following the subrogation claim
reimbursement.
1. In the event of a dispute, controversy or claim arising out of or relating in any
way to this Agreement, the complaining Party shall notify the other Party in writing thereof.
Within thirty (30) days of such notice, management -level representatives of both Parties shall
meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not
be resolved within thirty (30) days after such notice, the Parties will attempt to resolve any
disputed issues through mediation, using a mediator whose principal office is in the Dallas -Fort
Worth metropolitan area. If the Parties cannot agree to a mediator, the choice of mediator will be
determined by a coin toss. If the Parties cannot resolve the disputed issues through mediation, the
Parties may, but are not required to, submit the disputed issues to binding arbitration. The
demand for arbitration by either Party shall be made within a reasonable time after the claim,
dispute or other matter in question has arisen, and in no event shall it be made after two years
from when the aggrieved Party knew or should have known of the controversy, claim, dispute or
breach. If the disputed issues are submitted to arbitration, the City and the Association may,
within ten (10) calendar days after the Parties both have agreed to subunit the inatter to arbitration,
mutually agree to a neutral arbitrator whose principal office is in the Dallas -Fort Worth
metropolitan area. If the Parties are unable to agree on such an appointment, the City and
Association shall, within five (5) calendar days, jointly request a list of seven (7) arbitrators from
the American Arbitration Association or the Federal Mediation and Conciliation Service. Within
ten (10) calendar days following receipt of the list of arbitrators, the Parties shall select an
arbitrator by each Party in turn striking one name from the list until only one (1) name remains.
The remaining individual on the list shall serve as the arbitrator. The Party who makes the first
strike will be determined by a coin toss. The arbitrator so selected shall be promptly .noti lied of
his or her selection through the agency selected, and the Parties and the arbitrator shall agree on a
time, place and date for the hearing of the arbitration. The selected agency's rules will govern the
progress of the case. The laws of the state of Texas shall be applied in any arbitration
proceedings, without regard to principles of conflict of laws. The losing Party at arbitration will
be responsible for paying the prevailing Party's arbitration -related costs, including the arbitrator's
and agency's fees. However, each Party shall be responsible for paying its own attornev's fees.
If the Parties agree to arbitration, arbitration will be deemed tol be final and binding, and an
election of remedies. Any appeal of an arbitrator's decision in this procedure shall be strictly and
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solely limited to the grounds that the arbitrator exceeded their authority and ,jurisdiction as
provided under this Agreement; that the decision of the arbitrator was procured by fraud or
collusion or that the arbitrator's decision is based upon a clear and manifest error of law. The
parties agree that, in the event either party declines to participate in binding arbitration, venue for
any dispute arising under this Agreement shall be in the state District Courts of Tarrant County,
Texas. The parties further agree that this Agreement is subject to Subchapter 1, Chapter 271,
Texas Local Government Code.
M. The City can review, on an annual basis, its workers' compensation medical and
pharmacy claims made by Recruits and Fire Fighters and, if the City determines that its claims
experience with workers' compensation claims has resulted in increased workers' compensation
medical and pharmacy costs for what have traditionally been considered to be a normal disease
of life, and not a workers' compensation -covered illness, the City can require that the City and
the Association re -calculate the City's Contributions on a prospective basis.
n. The City Contribution will be made to the Trust no later than seven (7) Business
Days following each published City payday for active employees. The City Contribution will be
made to the Trust no later than seventh business day of each month for Retirees covered by the
Local 440 Benefit Plan. The Trust will be required to receive payment of the City Contributions
via electronic or wire transfer.
o. The City will include Retirees covered by the Local 440 Benefit Plan in the
monthly enrollment file to the Employees' Retirement Fund.
p. The Trust and the City shall cooperate to reconcile contributions as needed, which
shall generally include at least one reconciliation per pay period. Any overpayments or
underpayments discovered in the reconciliation process will be resolved in the next City
Contribution cycle. However, this provision does not preclude later resolution if it cannot be
resolved by the next period or if the error is discovered later than the next pay period.
q. If the City is delinquent in remitting the City Contributions, beginning on the
fourteenth (10) Business Day following each published City payday, the City shall pay the
Trust simple interest at the rate of 0.0137% per calendar clay on the owed balance until the City
Contribution owed for that month is paid in full. This daily amount is equivalent to five percent
(5%) per atnium. No interest will attach to any partial delinquency (limited to 3% of
contribution) associated with correction of errors identified during the reconciliation process.
r. All costs direct -billed to the Trust by the City shall be remitted to the City within
30 (thirty) days of the date of the invoice.
S. If the Trust is delinquent in remitting payments to the City for directly invoiced
services, beginning on the thirty-first (30) calendar day, including City holidays and weekends,
following the invoice date, the Trust shall pay the City simple interest at a rate of 0.0137% per
calendar day on the owed balance until the Trust payment owed for that month is paid in full.
This daily aanno,unt is equival.er.t to g',e per^ lit (S%) per aiuiiiiii.
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t. The City will make deductions from payroll for Recruit and Fire Fighter
contributions to the Trust for benefits being received through the Local 440 Benefit Plan(s).
Where required, written authorization from the Covered Populations to allow for a pre-tax
deduction pursuant to the City's Healthcare Plan under Code Section 125 will be provided to the
City prior to the time deductions are made. The Parties will determine a procedure that
facilitates this process, allows for pre-tax deductions where appropriate, and minimizes the
administrative burden on the City.
U. The Trust shall have sole responsibility for contracting with the Fort Worth
Employees' Retirement Fund to collect premiums fi•om Pre -Medicare Retirees and remit the
fiends to the Trust, unless otherwise mutually agreed or if it becomes necessary for the City to
assume responsibility because the Fort Worth Employees' Retirement Fund is unable to perform
the necessary transactions. This sole responsibility shall include any necessary exchanges of data
in order to cause the premiums to be collected.
V. City Contributions associated with Article 15 of the collective bargaining
agreement intended to benefit tire fighters hired on or after January 1, 2009, shall be accounted
for separately within the Trust and used exclusively for the intended purpose.
Section 5. Transitions and On -Going Communication.
a. The Trust shall handle open enrollment for participants, and coordinate with the City as
appropriate for any necessary payroll deductions or other items related to the on -going
operations of the Trust. The City may communicate with participants with regard to any City
administered benefit plans and any other matter related to the City's relationship with the
Covered Populations, The Trust, in consultation with the City as appropriate, will develop any
joint communications necessary for the operations of the Trust. Otherwise, the Trust and
Association will be responsible for communications with participants, including all materials
related to summary plan descriptions, plan documents, and other similar items, All such
documents shall be subject to review by the City's ex officio trustee no later than fourteen (14)
days prior to distribution. The purpose of this review is to ensure accuracy of information
regarding City participation and to prepare for City administration of certain benefits and payroll
withholding consistent with this Agreement.
b. Unless otherwise agreed in this Agreement, the Association represents to the City
that member education, question responses and problem resolution will be the ultimate
responsibility of the Trust, which may engage the TPA and/or the broker hired by the Trust to
perform such tasks.
C. Within twelve (12) months or Transition Date, the Trust will provide the City
written notice from any applicable regulating agency that all required actions/approvals are in
place, or that approval is not required.
d. The standard transition processes applicable in the insurance industry when a self
insr:.ed ennployer changes tivriA one 11Cu11i plan to another VY 111 apply. All most-11MEML1o11
Claims shall be the responsibility of the Local 440 Benefit Plan.
IN
C. Members of the Covered Populations on COBRA coverage (offered pursuant to
Federal requirements) as of the Transition Date will remain on the City's Healthcare Plan. For all
COBRA coverage (pursuant to Federal requirements) for the Covered Populations initiated on or
after that Transition Date, the Local 440 Benefit Plan(s) will have responsibility for meeting all
COBRA notification and coverage requirements.
f. For 2019, any amount of deductibles and out-of-pocket expenses incurred by
members of the Covered Populations tinder the City's Healthcare Plan prior to the Transition
Date, will be applied toward calculating that men-iber's meeting of deductibles and out-of-pocket
limits on the Local 440 Benefit Plan(s) on and after the 'Transition Date. The City will coordinate
with the City's selected healthcare providers, currently United HealthCare and OptumRx, to
provide data on deductibles and out-of-pocket expenses incurred under the City's Healthcare
Plan prior to the Transition Date.
g. The City shall have no financial or advisory responsibility for the tax
consequences to the Covered Populations who move from the City's high -deductible plan to the
Association's basic plan. The City shall have no financial responsibility to provide a
reimbursement to the Trust for HSA contributions invoiced to the Trust for those participants on
a City high deductible plan prior to the Transition Date who do not elect a high deductible plan
with the Local 440 Benefit Plan(s).
h. Since the City collects premiums for 26 pay periods to cover 12 plan months,
there is a potential for mismatch of revenues and expenditures during the transition year. Prior to
finalization of the Transition Date, the City and the Association will agree to equitably split the
pay periods that exceed two per month to reflect the proportion of the year covered by each plan.
Section 6. Open Enrollment and Data Exchanges
a. The City shall provide necessary data files only to the Trust's TPA to accompany
each of the City Contributions, including Recruit and Fire Fighter payroll deductions. The
Association and/or 'Trust shall be responsible for all data rile interfaces with other vendors. All
data files must meet the City's specifications for use in the City's payroll system. An illustrative
flow chart outlining this process. is attached as Exhibit B but may be modified by mutual
agreement from time to time to reflect the needs of the City or the Trust.
b. Per the Internal Revenue Service, only the employer is allowed to maintain a 125
Plan authorizing pre-tax payroll deductions. Therefore, in order for the participants to snake pre-
tax premium contributions through payroll deductions, the Local 440 Benefit Plan(s) will be
offered to Recruits and Fire Fighters udder the City's 125 plan.
C. The Trust shall provide to the City specific plan design, premium information and
education materials for the Local 440 Benefit Plan(s) no later than sixty (60) calendar days prior
w Liic beginning of I c t111tEal operf cnrollmenit pedo-I and of each subNegl. ei-A City open
enrollment period. Plan selection data following the Trust's open enrollment will be provided by
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the Trust to the City within thirty (30) calendar days of the conclusion of each open enrollment
or by December 1 of each year, whichever is earlier.
d. The Trust shall be responsible for the administration, and management of open
enrollment for Pre -Medicare Retirees and coordinating such open enrollment with the City of
Fort Worth Employees Retirement Fund ("ERF") for the deduction of premiums from the benefit
payments made by the ERF to Pre -Medicare Retirees.
C. The Trust shall be responsible for developing all required employee/retiree benefit
notices and customized communications necessary for open enrollment and other
cominunications as needed or requested.
f The Association and the Trust are responsible for exchanging accurate and
complete required information with the City during the open eiu•ollment period for any of the
Covered Populations. The Association and the Trust are also responsible for exchanging
accurate and complete required information with the ERF in connection with any amounts that
must be deducted from retirement benefits to pay premiums for the Local 440 Benefit Plan(s).
Section 7. )Reporting Responsibilities
a. The Trust is anticipated to be deemed a component unit of the City, as defined by
the Governmental Accounting Standards Board ("GASB"), and will be reported and
administered as such.
b. The Trust shall operate on a fiscal year that coincides with the fiscal year of the
City of Fort Worth, which is currently October 1 through September 30.
C. The Trust shall operate the Local 440 Benefit Plan(s) on a plan year that coincides
with the plan year of the City of Fort Worth, which is currently January 1 through December 31.
d. Annually, the Board of Trustees shall engage an external auditor who is a licensed
Certified Public Accountant and qualified to review audited financial statements of the Trust.
The audit shall be conducted in a inanner that provides compliance with auditing standards
acceptable to both the City and Trust for purposes of complying with their respective regulatory
obligations. Any finding resulting from the annual external audit, including a material weakness
or significant deficiency shall be forwarded to the City along with a corrective action plan
simultaneous with the submission of the audited financial statements.
C. The Trust shall submit the audited financial statements that are necessary for the
City's Comprehensive Annual Financial Report ("CAFR") by January I" of each year for the
previous fiscal year.
i. All financial statements and reports shall be prepared in compliance with
Governmental Accounting Standards Board pronouncements; and the 'Trust
shall be responsible for implementation of any new GASB pronouncements
issued subsequent to the Effective Date of this Agreement.
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ii. The Trust shall use the City's determined rneasureznent date for GASI3
calculations and submit an annual actuarial calculation in compliance with
GASB pronouncements to the City four (4) months from the measurement
date.
f Within 90 days of any request by the City, the Board of Trustees shall provide to
the City the necessary data for the City to prepare an actuarial valuations of the medical and
pharmacy costs for the Covered Populations that distinguish between active and retired
participants, including Incurred But Not Reported claims (IBNR). In the event that the City is
required to prepare a separate valuation for the Local 440 Benefit Plan in order to satisfy the
City's auditor, the cost will be billed directly to the Trust following the provision of a cost
estimate to the "Trust prior to the commencement of the work.
g. The Ex-Officio Trustee appointed by the City shall have access to the same
financial information about the Trust's operations as other Trustees, including access to the
financial records, contracts, or other operating aspects of the Trust. To the extent feasible, the
City's Internal and External Auditor shall rely on the work performed by the Trust's independent
auditor with regard to the Trust's financial statements and related activities. To the extent such
work performed is insufficient, the City shall provide notice to the Trust of the additional records
/ or financial reports to be reviewed by the Trust's auditor, or the additional records necessary for
the City's auditor to review any financial activity of the Trust.
h. The Trust shall provide an Annual Report as noted in the Trust document that
includes information required by the US Department of Labor incidental to the Trust's annual
Form 5500 filing.
i. Within 90 days after the conclusion of the Plan year, the Trust and the City shall
share through a mutually agreeable third -party full claims data from the respective TPAs
including, but not limited to, medical, pharmacy, and dental benefits. The purpose will be to
evaluate the success of reference -based pricing and any future applicability to either the Trust's
or the City's Healthcare Plan.
j. Within 90 days after the conclusion of Plan years 2020 and 2021, the Trust shall
provide to the City unidentified claims by Current Procedural Terminology (CPT) code in order
to analyze differences in claims experience by group in preparation for future City Contribution
calculations for subsequent Collective Bargaining Agreements.
k. The Board of Trustees shall be responsible for compliance with all Federal and
State legal requirements applicable to the Trust, including but not limited to reporting
obligations, privacy and security obligations, and fiduciary duties.
1. Prior to the Transition Date and thereafter on an annual basis, no later than
January I st the Board of Trustees shall provide to the City certificates of coverage for the fidelity
bon d, and fiduciary coverage that shall UAII(Me. 11"'tblllly coverage for Tiust�',e5, aJ well 215 ally
15
errors and omissions coverage protecting the assets of and participants in the Local 440 Benefit
Plan(s) and the Trust.
M. The Board of Trustees shall notify the City within thirty (30) calendar days of the
date on which the 'Trust receives a complaint or grievance tiled by a member of the Covered
Populations related to the Trust's coverage or benefits, or of any notice, investigation or inquiry
from a state or federal government agency regarding the Trust or its operations.
n. The Board of Trustees shill notify the City within three (3) Business Days of the
date on which the Board first becomes aware of any actual or alleged theft or misappropriation of
Trust assets.
Section 8. Coverage if Trust Fails to Provide Coverage.
a. The Parties agree that if the Trust is unable to provide healthcare coverage at any
level for any of the Covered Populations, at any time, for any reason, the Covered Populations
will be eligible to resume participation in the City's Healthcare Plan on a prospective basis after
the City is notified by the Association and the City establishes an administratively feasible
effective date for the return of the Covered Populations to the City's Healthcare Plan (tile
"Return Effective Date"). The cost to the Covered Populations, will be based on the then -existing
rates for similarly -situated employees, and eligible spouses and/or dependents. Any subsidy of
the cost for coverage under the City's Healthcare Plan will be based upon the rules governing
such type of coverage that are in place at the Return Effective Date.
b. If any of the Covered Populations become eligible to return to the City's
Healthcare Plan, under the circtunstance described in paragraph 8(a), above, the City shall have
no liability for, nor be required to pay for, any healthcare received by the Covered Populations
prior to the Return Effective Date.
C. If any of the Covered Populations will be eligible to return to the City's
Healthcare Plan, tinder the circumstance described in paragraph 8(a), above, and the City has
already paid to the Trust the City Contributions for that member of the Covered Populations for
the month that includes the Return Effective Date, the member of the Covered Populations will
not be entitled to rejoin the City's Healthcare Plan, until either: (1) the member of the Covered
Populations or the Trust repays the City the amount of money paid by the City, by or on behalf
of the member of the Covered Populations, for that member of the Covered Populations'
healthcare coverage for that month; or (2) the first day of the next month of eligibility, provided
that the member of the Covered Populations pays the City in advance all amounts owed for
coverage under the City's Healthcare Plan for that month. If a member of the Coveted
Populations does not make such financial arrangement to return to the City's Healthcare Plan,
the member of the Covered Populations shall no longer be eligible for City healthcare coverage,
until the next open enrollment for the City's Healthcare Plan.
d. Prior to the re -enrollment of any member of the Covered Populations, the Trust
snail provide all necessary diata i iclud-xig a liilnirnuai Of ilie p tot' twenty-foull 111011ln5 of
16
claims, enrollment census, COBRA coverage enrollees, and all Trust records for such rnen-ber of
the Covered Populations.
Section 9. Legal.
a. The Trust will comply with all applicable state and federal laws. Without limiting
the foregoing, this includes HIPAA, COBRA, and PPACA. The Association shall retain all
responsibility and liability for the collective bargaining obligations incidental to funding for the
Trust and their obligations under the "appointing fiduciary" doctrine with regard to any Trustee
appointed or elected by the Association.
b. Because on -going administration of the City's Healthcare Plan and benefits plans
and the Local 440 Benefit Plan(s) may necessitate the sharing of protected health information, or
PHI, the City, the Association, and the Trust will execute one or more business associate
agreements, in substantially the form attached hereto as Exhibit C, that allow for mutual access
of PHI in accordance with federal law.
Section 10. INDEMNIFICATION
a. THE CITY IS NOT RESPONSIBLE (INCLUDING FIDUCIARY
RESPONSIBILITY) FOR ANY OF THE ACTIONS OF T HE ASSOCIATION OR THE
TRUST. THE TRUST SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE
CITY FROM ANY AND ALL LIABILITY THAT RELATES IN ANY WAY TO THE
OPERATION OF THE TRUST OR PROVIDING HEALTH CARE BENEFITS TO THE
COVERED POPULATIONS. WITHOUT LIMITING THE FOREGOING, THE TRUST
SHALL DEFEND, INDEMNIFY, AND HOLM HARMLESS THE CITY FROM ANY
AND ALL LIABILITY RELATING TO CLAIMS THAT ARE THE RESPONSIBILITY
OFTHE TRUST.
IN THE EVENT THE TRUST HAS INSUFFICIENT ASSETS TO PERFORM ITS
OBLIGATIONS, UNDER THIS AGREEMENT, THE ASSOCIATION WILL DEFEND,
INDEMNIFY, AND HOLM HARMLESS THE CITY FROM ANY AND ALL LIABILITY
THAT RELATES IN ANY WAY TO THE OPERATION OF THE TRUST OR THE
ASSOCIATION.
b. THE ASSOCIATION, AT ITS SOLI+, COST AND EXPENSE, HEREBY
AGREES TO DEFEND, INDEMNIFY, PROTECT, AND HOLD HARMLESS THE CITY
AND THE CITY'S OFFICERS, RE PRE, SLNTATIVES, AGENTS EMPLOYEES, AND
SERVANTS (COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY
AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, LIENS, CAUSES OF
ACTION, SUITS, JUDGMENTS AND EXPENSES (INCLUDING, BUT NOT LIMITED
TO, COURT COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF
ANY NATURE, KIND OR DESCRIPTION ARISING OR ALLEGED TO ANISE BY
REASON OF ANY CLAIM, CAUSE OF ACTION OR LOSS: (1) RELATING TO ANY
DECISION MADE OR ACTION TAKEN BY THE ASSOCIATION, T11E TRUST. OIL
THE BOARDS OR OFFICE, RS OIL EITHER; (2) BY REASON OF ANY OTHER CLAIM
17
WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE
OCCASIONED IN WHOLE OR IN PART BY ANY ACT OR OMISSION RELATED TO
THE HEALTHCARE PLAN ON THE PART OF THE ASSOCIATION, THE TRUST OR
ANY .OF SUCH PARTIES' BOARD OR OFFICERS, REPRESENTATIVES, AGENTS,
SERVANTS, EMPLOYEES, OR CONTRACTORS, INCLUDING THE TPA AND ANY
BROKER HIRED BY THE ASSOCIATION, TRUST, OR TPA; (3) RELATING TO ANY
HEALTHCARE, SERVICES RENDEREID, EXPENSES INCURRED, OR PREMIUMS
OWED PRIOR TO THE EFFECTIVE DATE OF A MEMBER OF THE COVERED
POPULATIONS' RETURN TO THE CITY'S HEALTH PLAN; (4) FAILURE OF THE
TRUST OR ASSOCIATION TO COMPLY WITH ALL APPLICABLE STATE AND
FEDERAL LAB'S; AND (5) RELATING TO THE INSOLVENCY OF THE TRUST, OR
THE TRUST HAVING INSUFFICIENT FUNDS IN THE TRUST TO PAY PREMIUMS
OR COVER THE COST OF CARE FOR ANY MEMBER OF THE COVERED
POPULATIONS.
C. Each member of the Covered Populations eligible to enroll in the Local 440
Benefit Plan(s), at each open enrollment, whether administered by the City or the Trust,
shall be required to acknowledge and agree to the following as a condition of enrolling in
the Local 440 Benefit Plan(s):
I AGREE AT MY SOLE COST AND EXPENSE, TO DEFEND, INDEMNIFY,
PROTECT, AND HOLD HARMLESS CITY AND THE CtTY'S OFFICERS,
RE PRESENTAITVES, AGENTS EMPLOYEES, AND SERVANTS (COLLECTIVELY,
"INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS,
LIABILITIES, (DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS,
JUDGMENTS ARID EXPENSES (INCLUDING, BUT NOT LIMITED TO, COUR-0-
COSTS, ATTORNEYS' FEES AND COSTS OF INVESTIGATION), OF ANY NATURE,
KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE BY REASON OF ANY
CLAIM, CAUSE OF ACTION OR LOSS: (1) RELATING TO ANY CLAIM BY ME, MY
ELIGIBLE SPOUSE OR DEPENIDENT(S) THAT THE DECISION TO PARTICIPATE
IN THE LOCAL 440 BENEFIT PLAN(S) IS UNENFORCEABLE, VOID OR VOIDABLE
AS TO ME OR SUCH ELIGIBLE SPOUSE OR ELIGIBLE DEPENDENT; (2)
RE, LATING TO ANY HEALTHCARE SERVICES RENDERED TO, EXPENSES
INCURRED BY, OR PREMIUMS OWED BY ME, MY ELIGIBLE SPOUSE OR
I+ELIGIBLE DEPENDENT(S) WHILE COVEREID UNDER THE LOCAL 440 BENEFIT
PLAN(S); (3) RELATING TO ANY DECISION MADE OR ACTION TAKEN BY THE
TRUST, OR ITS BOARD OF TRUSTEES OR OFFICERS CONCERNING THE LOCAL
440 BENEFIT PLAN(S) CONCEIVING ME, MY ELIGIBLE SPOUSE OIL
DEPENDENT(S); (4) BY REASON OF ANY OTHER CLAIM WHATSOEVER
RELATED TO THE LOCAL 440 BENEFIT PLAN(S), OF ANY PERSON OR PARTY
CONCERNING ME, MY ELIGIBLE SPOUSE OR DEPENDENT(S), CAUSED OR
ALLEGED TO BE CAUSED, IN WHOLE OR IN PART, BY ANY ACT OR OMISSION
OF THE ASSOCIATION, THE, TRUST OR ANY OF SUCH PARTIES' BOARD OF
TRUSTEES OR EI THER'S OFFICERS, REPRESENTATIVES, AGENTS, SERVANTS,
EMPLOYEES, OR CONTRACTORS.
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If any action or proceeding shall be brought by or against the City or any indemnitee in
connection with any such liability or claim, the Association, on notice from the City, or any
indemnitee, shall defend such action or proceeding at the expense of the Association, by or
through attorneys reasonably satisfactory to the City.
The City and the Association agree that, with respect to any legal limitations now or
hereafter in effect and affecting the validity or enforceability of the indemnification obligations
under this Section, such legal limitations are made a part of the indemnification obligation and
shall operate to amend the indemnification obligation to the minimum extent necessary to bring
the provision into conformity with the requirements of such limitations, and as so modified, the
indemnification obligation shall continue in full force and effect.
The Association agrees to notify City promptly of, and in any event no later than the fifth
(5"') Business Day after the receipt of any claim or lawsuit brought in connection with any claim
made relating to the Agreement, the Trust, the benefits provided to any member of the Covered
Populations through the Trust, or healthcare services provided to any member of the Covered
Populations pursuant to coverage provided (or supposed to be provided) under this Agreement
and/or by or through the Trust. The Association and the Trust agree to make their officers,
Board members, representatives, agents, (including TPAs and consultants) and employees
available to City, at all reasonable times, for any statements and case preparation necessary for
the defense of any claims or litigation.
Section 11. Preemption. This Agreement shall preempt any contrary provisions set forth in
Ch. 2, Art. V, See. 2-190 of the Fort Worth Code and Chapter 175 of the Texas Local
Government Code, provided however that nothing herein shall be construed or interpreted to
preempt Section 2-190(c) or (d) or otherwise require the City to subsidize health care coverage
for any individual who is not otherwise eligible for a subsidy.
Section 12. 'Perin of this Agreement.
a. This Agreement (Appendix B of the 2018-2022 CBA) shall be effective upon the
Effective Date and shall remain in effect regardless of the expiration or termination of the current
CBA, and regardless of whether a new CBA is executed by the 30°i day of September, 2023.
b. This Agreement shall remain in fill force and effect until September 30, 2027 , or
until such time as it is superseded by a new agreement between the Parties, whichever occurs
earlier; provided however, that in no event shall this Agreement continue in effect after September
30, 2027. This provision notwithstanding, indemnifications required by this Agreement in Section
10 shall survive the expiration or termination of this Agreement.
Section 1.3. Miscellaneous Provisions
a. Contract Construction. The Parties acknowledge that each Party and its counsel
have reviewed and revised this Agreement and that the normal rules of construction to the effect
that any at-ribi_guities are to be resolved against the dralting party shall not he employed in the
interpretation of this Agreement or exhibits hereto,
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b. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall not in
any way be affected or impaired.
C. Force Majeure. If either Party is unable, either in whole or part, to ful#ill its
obligations under this Agreement due to acts of God; strikes, lockouts, or other industrial
disturbances; acts of public enernies; wars; blockades; insurrections; riots; epidemics; public
health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board,
department, commission, or agency of the United States or of any state; declaration of a state of
disaster or of emergency by the federal, state, county, or City government in accordance with
applicable law; issuance of a Level Orange or Level Red Alert by the United States Department
of Homeland Security; any arrests and restraints; civil disturbances; or explosions; or some other
reason beyond the Party's reasonable control (each a "Force Majeure Event"), the obligations so
affected by such Force Majeure Event will be suspended only during the continuance of such
event.
d. Fiscal Funding Limitation. In the event no funds or insufficient funds are
appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal
period for payments due under this contract, then the City will immediately notify the
Association of such occurrence and this Agreement shall be terminated on the last day of the
fiscal period for which appropriations were received without penalty or expense to the City of
any kind whatsoever, except to the portions of annual payments herein agreed upon for which
funds shall have been appropriated.
e. Right to Audit. The Association and the Trust agree that the City's designated
independent auditor shall, until the expiration of three (3) years after final payment under this
Agreement, have access to and the right to examine any directly pertinent books, documents,
papers and records of the Trust involving transactions relating to this Agreement. The Trust
agrees that the City's designated independent auditor shall have access during nonnal working
hours to all necessary facilities and shall be provided adequate and appropriate workspace in
order to conduct audits in compliance with the provisions of this section. The City shall give the
Association and the Trust reasonable advance notice of intended audits.
f No Third -Party Beneficiaries. The provisions and conditions of this Agreement
are solely for the benefit of the City, the Association, the Trust, members of the Covered
Populations, and their lawful assigns or successors, and are not intended to create any rights,
contractual or otherwise, to any other person or entity.
g. Venue and Jurisdiction. Should any action, whether real or asserted, at law or in
equity, arise out of the execution, performance, or attempted performance of this Agreement,
venue for said action shall lie in the state district courts, Tarrant County, Texas.
h. Applicable Law, This Agreement shall be construed under and in accordance
with Texas law to the extent not otherwise preempted by ERISA (or other applicable federal
law). A y y l
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i. Notices. Notices to be provided hereunder shall be sufficient if forwarded to the
other party by hand -delivery or via U.S. Postal Service certified mail, postage prepaid, to the
address of the other party shown below:
If to City:
If to Association:
City of fort Worth IAFF Local 440
Attn: Asst. City Manager of HR and Benefits Attn: President
200 Texas Street 3855 Tulsa Way
Fort Worth, Texas 76102 fort Worth, Texas 76107-3345
j. Paragraph Headings. The paragraph headings contained herein are for the
convenience in reference and are not intended to define or limit the scope of any provision of this
Agreement.
k. Assignment and Successors. The Association shall not assign or subcontract all
or any part of its rights, privileges, or duties under this Agreement without the prior written
consent of the City. Any attempted assignment of this Agreement without the City's prior
written approval shall be void and constitute a breach of this Agreement.
If City grants consent to an assignment, the assignee shall execute a written agreement with the
City and the Association under which the assignee agrees to be bound by the duties and
obligations of the Association under this Agreement. The Association and Assignee shall be
Jointly liable for all obligations under this Agreement prior to the assignment. If the City grants
consent to a subcontract, the subcontractor shall execute a written agreement with the
Association referencing this Agreement under which the subcontractor shall agree to be bound
by the duties and obligations of the Association under this Agreement as such duties and
obligations may apply. The Association shall provide the City with a fully executed copy of any
such subcontract.
1. Compliance with Laws, Ordinances, Rules and Regulations. The Association and
the Trust, their officers, agents, servants, employees, and subcontractors, shall abide by and
comply with all laws, federal, state and local, including all ordinances, rules and regulations of
the City. It is agreed and understood that, if the City calls to the attention of the Association or
the Trust any such violation on the part of the Association, the Trust or any of either's officers,
agents, servants, employees, or subcontractors, then the Association or Trust shall immediately
desist from and correct such violation. This section shall survive the expiration or termination of
this Agreement.
in. Counterparts. This Agreement may be executed in one or more counterparts and
each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall
together constitute but one and the same instrument,
ii, Breacl-/Terminatlnn/01,,port�!nity to Cure. if either Tarty coma itc a n- a terial
breach of this Agreement, the non -breaching Party must give written notice to the breaching
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Party that describes the breach in reasonable detail. The breaching Party must commence curing
such breach within fourteen (14) calendar days after the time the breaching Party receives such
written notice and complete the cure within fourteen (14) calendar days from the date of
commencement of the cure. If the breaching Party does not substantially cure such breach within
the stated period of time, the non -breaching Party may, in its sole discretion, and without
prejudice to any other right under this Agreement, law, or equity, terminate this Agreement by
giving written notice to the breaching Party; provided, however, if the breach is not reasonably
susceptible to cure by the breaching Party within such fourteen (14) day period, the non -
breaching Party shall not exercise its option to terminate this Agreement so long as the breaching
Party has commenced to cure the default within such fourteen (14) day period and diligently
completes the work within a reasonable time without unreasonable cessation of the work to
complete the cure.
o. Amendment. No amendment, modification, or alteration of the terms of this
Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof,
and duly executed by the Parties.
P. Signature Authority. Each person signing this Agreement hereby warrants that he
or she has the legal authority to execute this Agreement on behalf of his or her respective party,
and that such binding authority has been granted by proper order, resolution, ordinance or other
authorization of the entity. The other party is fully entitled to rely on this warranty and
representation in entering into this Agreement.
q. Governmental Powers. The Association and the Trust agree and understands that
the City does not waive or surrender any of its governmental powers by execution of this
Agreement.
r. Non -Waiver. The failure of either Party to insist upon the performance of any
term or provision of this Agreement or to exercise any right herein conferred shall not be
construed as a waiver or relinquishment to any extent of the City's, the Association's, or the
Trust's right to assert or rely on any such term or right on any future occasion.
S. Entire Agreement. This written instrument (together with any attaclunents,
exhibits, and appendices) constitutes the entire understanding between the Parties concerning the
work and services to be performed hereunder, and any prior or contemporaneous, oral or written
agreement that purports to vary from the terms hereof shall be void.
t. Compliance with State Anti -Boycott Law. The Association and the Trust
acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is
prohibited from entering into a contract with a company for goods or services unless the contract
contains a written verification from the company that it: (1) does not boycott Israel; and (2) will
not boycott Israel during the term of the contract. The terms "boycott Israel" and "company"
shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government
Code. By signing this Agreement, the Association (tied the Trust each certifies that its
sig arfatlre Provides !vritten verification to the Ci?y that the Assvciativn and the -D-fist' (1) dreg
not hoycott Israel; and (2) ivill not boycott Israel during the terns of this Agreement.
PAP)
IN WITNESS WHEREOF, THE PARTIES HAVE CAUSED TO HAVE THIS AGREEMENT
TO BE SIGNED BY THEIR DULY AUTHORIZED REPRESENTATIVES ON THIS ZjX--
DAY OF t, /' 20
CITY OF 4ORT NORTH FORT WORT11 PROFESSIONAL
FIREFIGHTERS ASSOCIATION, LOCAL 440
Valerie Washington
Assistant City Manager
APPROVED AS TO FORM
AND LEGALITY:
Christopher Troutt
�Mich�aelGl�ynn,resident `
TRUST
By;,,"�'� --z
Naive: M ehael Glynn
Title: President — Local 440
Senior Assistant City Attorney
Attest:'
Mary Kayser, C etak
M&C
Date Approved
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By execution hereof, I acknowledge and agree on behalf of the Fort Worth Firefighters Local
440 Healthcare Trust (the "Trust")
that I have legal authority to bind the Trust,
A that I have reviewed the Trust Agreement and understand the same
that I hereby bind and commit the Trust to compliance with the terms of the Trust
Agreement
}> that I have reviewed the Healthcare Contract between the City of Fort Worth and the Fort
Worth Professional Firefighters Association (the "Agreement")
that I understand the Trust's rights, responsibilities, and duties under the Agreement
and
9 that I hereby bind and commit the Trust to compliance with the Agreement.
TRUST:
Name; Nfichael Glynn
Title: President --- Local 440
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Assistant City Manager Date
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