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incidents above the first responder level. To accomplish this, the Department will staff each shift with up to <br />five (5) Hazardous Materials Specialists. <br />31.1 Hazardous Materials Staffmg and Assignments <br />A. The parties have agreed to maintain the "Company" concept of the Haz-Mat team (i.e. Captain, <br />Engineer, Firefighter/Paramedic and Firefighter). The maximum number of Haz-Mat team <br />members per shift is five (5). Four (4) of the team members (Haz-Mat Captain, Engineer, <br />Firefighter/Paramedic and Firefighter) are assigned to the designated Haz-Mat station. The fifth <br />team member, determined by Department seniority, is not rank specific and may be assigned to <br />the Haz-Mat station based on organizational need using the bid process whenever possible. <br />B. The four (4) team member positions (Haz-Mat Captain, Engineer, Firefighter/Paramedic, and <br />Firefighter) at the designated Haz-Mat Station will only be filled and back-filled by Haz-Mat <br />Team members or individuals holding the appropriate Haz-Mat certification. <br />C. Procedures regarding staffing, assignments, training, withdrawal and other Haz-Mat specific <br />topics are included in the Department's Haz-Mat program policy. <br />31.2 Compensation <br />Personnel assigned to the Hazardous Materials Response Team will be compensated at five percent (5%) <br />above their respective base rates of pay, subject to MOU Section 5.1. <br />31.3 Withdrawal Process <br />A Haz-Mat team member as defined in Section 31.1 shall be permitted to withdrawal from the Haz-Mat <br />program following one (1) year of Haz-Mat service and with the approval of the Fire Chief. Withdrawal <br />from the Haz-Mat program is governed by the Department's Haz-Mat program policy. <br />Section 32. Bargaining Waiver and Separability of Provisions <br />Except as provided in this MOU, each party to this agreement voluntarily waives its right to negotiate <br />during the term of this agreement with respect to any matter expressly covered by this MOU or proposed <br />by that same party during the negotiations leading to this MOU. <br />Should any provision of this MOU be rendered unlawful or unenforceable by any subsequent legislative <br />enactment, state regulation or by a court of competent jurisdiction only that provision of the MOU shall <br />be null and void, and all other provisions of the MOU shall not be affected and shall remain in full force <br />and effect. <br />44 <br />