Res 2023-121R/Approving a meet and confer agreement between the San Marcos professiona Firefighters association local #3963 and the city of San Marcos.

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2023-2026 Meet and Confer Agreement Between the San Marcos Professional Firefighters Association and the City of San Marcos, Texas ARTICLE 17 DURATION OF AGREEMENT Section 1. Term of Agreement This agreement shall become effective after ratification pursuant to Texas Local Government Code Section 142.114 in a secret ballot election conducted by the recognized Firefighter Association by a majority of the votes cast at the election favoring ratifying the agreement by only the Firefighters in the association eligible to vote, and upon approval by majority vote of the City Council after compliance with any procedural or publication requirements imposed by Charter. The Agreement shall continue in effect until September 30th of the final year of the agreement, unless otherwise provided herein. Section 2. Additional Option Year This agreement may be extended by mutual agreement. An initial meeting will be held by November 15th of the third year of the Agreement to discuss possible extension of the agreement by one year. A decision shall be reached by January 151 of the third year to extend the agreement or negotiations for a new agreement will move forward. Upon mutual agreement to extend this agreement, all provisions of this Agreement will remain in full force and effect, subject to the provision of this Article, during the additional year of this Agreement, which will end on September 30, 2026. Section 3. Notice and Renegotiation The City and the Association shall begin negotiations by February 11t of the final year of the agreement, unless otherwise mutually agreed by both parties. Section 4. Funding Provision The City presently intends to continue this Agreement each fiscal year through its term, to pay all amounts due, and to perform the obligations of the City under this Agreement fully and promptly. All obligations of the City shall be paid only out of current revenues or any other funds lawfully available for those obligations, including tax revenues, reasonably anticipated and appropriated for such purpose by the City Council in compliance with the Texas Constitution, Article 11, Sections 5 and 7. In making funding determinations in the second and subsequent fiscal years of this Agreement following ratification, the City Council may consider operational and administrative costs including its debt service obligations, the increases in other employee personnel costs, and the obligations arising under this Agreement. If at any time it is determined by the City that it would not be able to meet its financial obligations hereunder after considering the above listed factors, the Association and the City may mutually agree to renegotiate the financial provisions of this Agreement. If sixty (60) calendar days after these negotiations begin, no agreement has been reached; this Agreement shall terminate and be null and void in its entirety. In the event the City Council fails to appropriate funds in any fiscal year of this Agreement in an amount sufficient to meet City obligations hereunder this Agreement shall terminate and shall be null and void in its entirety on the first date that such funding is not met pursuant to this Agreement. If at any time during the term of this Agreement, or any extension thereof: A. The electorate of the City subjects the Government of the City to a rollback election; and, because of such rollback election, the City suffers a reduction in revenues due to a reduction in the tax rate, the Association agrees to reopen the salary and other compensation provisions of this Agreement for the purpose of renegotiating the same; or the actual sales tax revenue is less than 3.5% of adopted budget, measured quarterly, the City and Association agree to reopen the salary and other compensation provisions of this agreement for the purpose of renegotiating the same. B. Under the City's financial policy, this action is similar to phase 3 actions the City will take throughout the City to mitigate budgeted sales tax shortfalls. Refer to The City of San Marcos Financial Policy, Section V (G): The following is a summary of phase classifications and the corresponding actions to be taken. Revenue will be monitored on a quarterly basis, with action being taken in the month following the completed Page 27