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52 <br /> <br />31.4 HazMat Program Improvement <br /> <br />A. The parties agree that the Department is currently not in compliance with section 31.1. <br />The parties further agree to form a joint work group to explore solutions to improve Haz- <br />Mat program staffing. The parties agree to initiate meet and confer over revisions to this <br />section of the MOU no later than June 30, 2026. <br />B. During the first year of the MOU only, the number of on duty Haz-Mat team members <br />required per shift is five (5) and all members will be compensated at 5% above base rates <br />of pay when assigned to Station 2. When the Haz-Mat certified employees available are <br />not able to serve at Station 2 because there are multiple members of the same rank or <br />higher on duty, then up to five Haz-Mat Certified (HMC) employees on shift will be able <br />to receive 5% based on seniority. Any additional HMC team members who perform in the <br />Haz-Mat capacity will continue to be paid for work performed on an hourly basis at 5%. <br />The Union agrees that no grievance will be made regarding HazMat staffing when five (5) <br />members are not available after the full staffing policy algorithm is exhausted. <br />C. The parties agree to prioritize hazmat technician/specialist training with a concentration <br />on Firefighter EMT and Paramedics. Subject to Fire Chief approval, attendance of Haz- <br />Mat related training will be fully supported with tuition, backfill, eight-hour rate <br />compensation, and mandate protection. <br />D. Section 31.4 provision will automatically terminate as of June 30, 2026. <br /> <br />Section 32. Bargaining Waiver and Separability of Provisions <br /> <br />Except as provided in this MOU, each party to this agreement voluntarily waives its right to <br />negotiate during the term of this agreement with respect to any matter expressly covered by this <br />MOU or proposed by that same party during the negotiations leading to this MOU. <br /> <br />Should any provision of this MOU be rendered unlawful or unenforceable by any subsequent <br />legislative enactment, state regulation or by a court of competent jurisdiction only that provision <br />of the MOU shall be null and void, and all other provisions of the MOU shall not be affected and <br />shall remain in full force and effect. <br /> <br />Page 246 of 674