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HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-0721 Temp. Reso. No. 11826 05/13/10 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2010- / � A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE AGREEMENT WITH THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3080; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3080 FOR THE PERIOD FROM OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2012; PROVIDING FOR THE TRANSFER OF FUNDS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Agreement between the City of Tamarac and the International Association of Firefighters (IAFF), expired September 30, 2009; and WHEREAS, the City of Tamarac created a negotiating team to renegotiate the Agreement; and WHEREAS, the negotiating team consisted of the Special Counsel for Labor Robert Soloff, Director of Human Resources Maria Swanson, Fire Chief Mike Burton, Acting Operations Chief Percy Sayles; Fire Division Chiefs Jeffrey Moral and Thomas Sheridan, Battalion Chiefs Steven Stillwell, and Patrick Kendrick, Management and Budget Analyst Kareyann Ashworth, and others; and WHEREAS, the City of Tamarac and the IAFF have collectively bargained in good faith and have reduced said bargaining to an Agreement attached as Exhibit A; and WHEREAS, on May 19, 2010, the employees covered by this Agreement, ratified the Agreement; and Temp. Reso. No. 11826 05/13/10 Page 2 1 WHEREAS, it is the recommendation of the City Manager and the negotiating team to approve the Agreement; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to approve the Agreement and provide for its proper execution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and hereby made a specific part of this Resolution. All exhibits attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: That the City Commission approves the Agreement, attached as "Exhibit A" by and between the City of Tamarac and the International Association of Firefighters, Local 3080 for the period from October 1, 2009 through September 30, 2012. SECTION 3: That since the members of the Bargaining Unit ratified the Agreement on May 19, 2010, the appropriate City Officials are hereby authorized to execute said Agreement on behalf of the City of Tamarac. SECTION 4: That all appropriate budget transfers required to fund the provision of this Resolution are hereby approved. SECTION 5: All resolutions or parts in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso. No. 11826 05/13/10 Page 3 SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this c 6 day of May, 2010. ATTEST: 1 ecord of COMMISSION VOT MARION SWENSON, MAYOR TALABISCO C CITY CLERK DIST 1: COMM BUSHNEL DIST 2: COMM ATKINS-G!�)/� DIST3: COMM GLASSERDIST 4: VM DRESSLER-� I HEREBY CERTIFY that 67 1 have approved this RESOLUTION as to form. �. s ibe SAMU S. GOR CITY ATTORNEY 1 EXHIBIT A CONTRACT BETWEEN THE CITYOF TAMARAC F-iy,T O� THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS (IAFF) EFFECTIVE OCTOBER 1, 2009 THROUGH SEPTEMBER 30, 2012 TABLE OF CONTENTS TITLE ARTICLE # PAGE # Agreement 1 1 Recognition 2 2 Reopener Clause 3 3 Management Rights 4 4 Grievance Procedure 5 5-7 Arbitration 6 8 Check -off 7 9-10 Wages 8 11-13 Longevity Pay 9 14 Overtime Pay 10 15 Call-back Pay 11 16 Basic Work Week 12 17 Working out of Title 13 18 Vacation 14 19 Holidays 15 20 Medical Coverage 16 21 Sick Leave 17 22 On -the -Job Injury 18 23 Presumed Communicable 19 24 Diseases Wellness Program 20 25 Substance Abuse 21 26 Time Pool Bank 22 27 Leaves of Absence 23 28 Incentive Pay 24 29 Education Reimbursement 25 30 Program Bereavement Leave 26 31 TITLE ARTICLE # PAGE_## Uniforms 27 32-33 Termination of Benefits 28 34 Probationary Period/ 29 35 Employee (New Hire) Seniority 30 36 Personnel Reduction 31 37 Promotional Examinations 32 38-39 Promotional Probation 33 40 Union Business 34 41 Employee Rights 35 42 Rules and Regulations 36 43 Firefighters Bill of Rights 37 44 Drills and Training 38 45 Maintenance Day 39 46 Job Duties 40 47 Civil Suits 41 48 Bulletin Boards 42 49 Work Stoppages 43 50 Special Operations 44 51 Non -discriminations 45 52 Services to the Union 46 53 Civil Emergency 47 54 Severability Clause 48 55 Kelly Days 49 56 Assignment Pay 50 57 Terms of Agreement 51 58 ARTICLE 1 AGREEMENT 1.1 This Agreement is entered into by Tamarac, Florida, hereinafter referred to as the "City" and Local 3080 of the International Association of Firefighters hereinafter referred to as the "Union". It is the purpose of this Agreement to promote harmonious relations between the City and its employees and to establish an orderly and peaceful procedure in the settlement of differences which might arise and to provide for joint collective bargaining in the determination of wages, hours, and other conditions of employment for employees covered by this Agreement. ARTICLE 2 RECOGNITION 2.1 The City hereby recognizes the Union as the exclusive bargaining representative for all employees in the following appropriate unit: INCLUDED: All full-time Firefighters, Driver/Engineers, Lieutenants, Fire Inspectors, Logistics Officer (if certified), Captain 2 ARTICLE 3 REOPENER CLAUSE 3.1 The term of this Agreement shall be three (3) years beginning October 1, 2009 and ending September 30, 2012, 3.2 No other articles shall be opened for negotiations during the term of this Contract except those mutually agreed upon by the Union and the City. 3.2 The Union and the City agree to initiate collective bargaining by July 15th in the final year of the collective bargaining agreement. 3 ARTICLE 4 MANAGEMENT RIGHTS 4A It is the right of the public employer to determine unilaterally the purpose of each of its constituent agencies, set standards of services to be offered to the public, and exercise control and discretion over its organization and operations. It is also the right of the public employer to direct its employees, take disciplinary action for proper cause, and relieve its employees from duty because of lack of work or for other legitimate reasons. However, the exercise of such rights shall not preclude employees or their representatives from raising grievances, should decisions on the above matters have the practical consequence of violating the terms and conditions of any collective bargaining agreement in force or any civil or career service regulation. 4 ARTICLE 5 GRIEVANCE PROCEDURE 5.1 In a mutual effort to provide a harmonious working relationship between the parties to this contract, it is agreed and understood there shall be a procedure for the resolution of grievances involving the application or interpretation of this Contract and grievances involving discharge, suspension, or disciplinary demotion or terms and conditions of employment as provided by this Contract. 5.2 Every effort will be made by the parties to settle any grievance as expeditiously as possible. Failure to observe the prescribed time limits by either party shall result in the grievance proceeding to the next step of the grievance procedure with a written explanation attached. Any decision not appealed or any grievance settled, other than one settled through binding arbitration shall not constitute a precedent for the interpretation of this contract nor shall it be used as a basis for future decision. 5.3 Grievances shall be presented in the following manner: Step 1 The employee shall present the grievance to their immediate supervisor within ten (10) calendar days of the occurrence of the event(s) which gave rise to the grievance. Such contact shall be in writing using the "Official Grievance Form". The grievance form shall specify the exact article which has been violated and the specific remedy requested. A Union Official may accompany an employee through each step of the grievance procedure. The immediate supervisor shall render a decision in writing within ten (10) calendar days. Step 2 Any grievance which is not satisfactorily settled with the immediate supervisor shall be signed by a Union Official and forwarded to a Battalion Chief within ten (10) calendar days after the completion of Step 1. The Battalion Chief shall render a decision in writing within ten (10) calendar days (or such longer period mutually agreed upon). Step 3 In the event the employee is not satisfied with the disposition of the grievance in Step 2, he/she shall have the option to appeal the disposition to the Fire Chief or his/her designee within ten (10) calendar days after the close of Step 2. The appeal shall contain copies of all previous steps. The Fire Chief or his/her designee shall render his/her decision within ten (10) calendar days of the filing of the appeal (or such longer period mutually agreed upon). Step 4 In the event Step 3 does not satisfy the employee, then an appeal may be submitted to the City Manager or his/her designee within ten (10) calendar days after the close of Step 3. The City Manager or his/her designee shall render a decision within twenty (20) calendar days (or such longer period mutually agreed upon). 5.4 When a grievance is general in nature or is directly between the local union and the department and the City, then the written grievance shall be signed by a Union Official and shall be presented to the Fire Chief or his/her designee within the time limits provided for aggrieved employees or the representative of the local union. Thereafter, the grievance shall be processed in accordance with the procedures in Steps 3 and 4. 5.5 The parties desire to give this collective bargaining contract the maximum force and effect and do hereby agree that this grievance procedure shall be the sole and exclusive method of resolving any dispute concerning interpretation or application of any provision of this contract. In the event a grievance processed through the grievance procedure has not been resolved at Step 4 above, the arbitration procedure set forth in the Arbitration Article shall also apply, if invoked. 5.6 The union will not be required to process grievances for non -union employees 5.7 Transmission of grievance responses via facsimile requires telephonic notification prior to the transmission, subject to the receiving party agreeing to receive the response via facsimile. The receiving party will not unreasonably withhold agreement to the transmission of the response via facsimile. 5.8 The original submission of a grievance may not be submitted via facsimile and the original grievance form shall continue to be the official grievance, with applicable documentation and original signatures affixed thereon. 6 OFFICIAL GRIEVANCE FORM Before completing this form, carefully read the provisions of Article 5 in the Contract. Type or print clearly. Use additional paper if necessary. NAME RANKSTATION/SHIFT GRIEVANCE TYPE: INDIVIDUAL CLASS ACTION (start at Step Three)_ STEP ONE: MUST BE PRESENTED TO IMMEDIATE SUPERVISOR WITHIN TEN (10) DAYS OF OCCURRENCE, SUPERVISOR MUST RESPOND WITHIN TEN (10) DAYS OF RECEIPT. Briefly describe situation: Article/Section Violated: Remedy Requested: Supervisor's response/explanation Date Received, Date Answered: _ Signature: RESOLUTION: ACCEPTED REJECTED Signature: STEP TWO: MUST BE PRESENTED TO BATTALION CHIEF ("BC") WITHIN TEN (10) DAYS OF SUPERVISOR'S RESPONSE, BC MUST RESPOND WITHIN TEN (10) DAYS OF RECEIPT. Battalion Chief's response/explanation: Date Received: Date Answered: Signature; of Union Official if INDIVIDUAL GRIEVANCE: RESOLUTION. ACCEPTEDREJECTED Signature: STEP THREE: MUST BE PRESENTED TO THE FIRE CHIEF WITHIN TEN (10) DAYS OF BC'S RESPONSE. FIRE CHIEF MUST RESPOND WITHIN TEN (10) DAYS OF RECEIPT, Fire Chief's response/explanation: Date Received: Date Answered: Signature of Union Official if CLASS ACTION GRIEVANCE: RESOLUTION: ACCEPTED REJECTED Signature: STEP FOUR: MUST BE PRESENTED TO THE CITY MANAGER OR DESIGNEE WITHIN TEN (10) DAYS OF FIRE CHIEF'S RESPONSE. CITY MANAGER/ DESIGNEE MUST RESPOND WITHIN TWENTY (20) DAYS OF RECEIPT, City Manager's response/explanation: Date Received: Date Answered: Signature: RESOLUTION: ACCEPTED_ REJECTED Signature: ARBITRATION MUST BE FILED WITHIN 15 DAYS OF CITY MANAGER'S ANSWER. Request for Arbitration submitted on _ by (Signature of authorized Union Representative). Arbitration request received on by (Signature of authorized City Representative). 7 ARTICLE 6 ARBITRATION 6.1 In the event a grievance processed through the Grievance Procedure set forth in Article 5 has not been resolved, the grievant may submit the grievance to arbitration within fifteen (15) administrative working days after the City Manager or his/her designee renders a written decision on the grievance. Arbitrator may be one impartial person mutually agreed upon by the parties. In the event parties are unable to agree upon said arbitrator within ten (10) administrative working days, the parties shall jointly request the Federal Mediation and Conciliation Service or American Arbitration Association to furnish a panel of seven (7) persons resident in Florida from which each party shall have the option of alternatively striking names thus leaving the seventh (7) which will give a neutral or impartial arbitrator. 6.2 The parties shall make their choice of the impartial arbitrator within five (5) administrative working days after the receipt of the panel from the Federal Mediation and Conciliation Service or the American Arbitration Association. 6.3 The City and the employee (or the Union) shall attempt to mutually agree in writing as to the statement of the grievance to be arbitrated prior to the arbitration hearing and the arbitrator, thereafter, shall confine his decision to the particular grievance thus specified. In the event the parties fail to agree upon the statement of the grievance to be submitted to the arbitrator, the arbitrator will confine its consideration and determination to the written statement of the grievance presented in Step 1 of the Grievance Procedure. 6.4 The arbitrator shall have no authority to change, amend, add to, subtract from or otherwise alter or supplement this contract or any part thereof or amendment thereto. The arbitrator shall have no authority to rule upon any matter which is stated in this contract not to be subject to arbitration, nor shall this Collective Bargaining Agreement be construed by the arbitrator to supersede or be in conflict with applicable laws in existence at the time of signing of this contract except to the extent as specifically provided herein. In the event there is a dispute concerning whether or not there is a conflict with applicable laws, it shall be submitted to Arbitration. 6.5 The decision of the arbitrator shall be final and binding. 6.6 Each party shall bear the expense of its own witnesses and of its representatives. The impartial arbitrator's fee and related expenses and expense of obtaining a hearing room, if any, shall be paid by the losing party. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share the cost. 6.7 For the purposes of this Article, administrative working days shall mean Monday through Friday ARTICLE 7 CHECK -OFF 7.1 Any member of the Union who is covered by this Agreement and who has submitted a properly executed dues deduction card in accordance with the below -prescribed format may, by request in writing, have his/her membership dues in the Union deducted from his/her wages. Dues shall be deducted bi- weekly and shall be transmitted to the Union within thirty (30) days. If an employee does not have a payroll check due him/her, or if the check is not large enough to satisfy the deduction, no collection shall be made from the employee for that month. 7.2 The City shall have neither responsibility nor liability for any monies once sent to the Union, nor shall the City have any responsibility for the improper deduction of dues. The Union shall hold the City harmless against any and all claims made and against any suits instituted against the City on account of this Article. 7.3 The Union shall notify the City of the amount of Union dues. Such notification will be certified to the City in writing over the signature of an authorized officer of the Union. 7.4 It shall be the responsibility of the Union to notify the Finance Director, in writing, of any change in the amount of dues to be deducted at least (30) days in advance of said change. Under no circumstances shall the City be required to deduct initiation fees or Union fines, penalties or assessments from the wages of any member. 7.5 Any member of the Union may, on thirty (30) days' notice to the City and the Union, request that the City cease deducting from his/her wages. A Union official (President, Vice President, Secretary Treasurer, or District Vice President) shall verify by a form to be provided in this Contract that the member has notified the Union of the request to cease deducting dues. 7.6 A request for dues deduction must be submitted to the City on the following form: M AUTHORIZATION FOR DEDUCTION OF IAFF DUES I hereby authorize the City of Tamarac to deduct from my wages, bi-weekly, the current normal IAFF dues and to transmit this amount to the Treasurer of the Local 3080, International Association of Firefighters. I understand that this Authorization is voluntary and that I may revoke at any time by giving the City notice in writing. Signature Date Payroll/Social Security Number form: A request to the City to cease dues deduction must be submitted to the City on the following INSTRUCTIONS TO STOP PAYROLL DEDUCTION OF IAFF DUES I hereby instruct the City of Tamarac to stop deducting from my wages bi-weekly the current normal dues for Local 3080, International Association of Firefighters. I have notified Local 3080 of the revocation. Signature Date Payroll/Social Security Number I that Signature VERIFICATION OF NOTICE TO UNION REGARDING DUES DEDUCTION has notified the Union of his/her wages. Date to of the IAFF Local 3080 verify ARTICLE 8 WAGES 8.1 Firefighter, Fire Inspector, Driver Engineer, Lieutenant, Captain. The pay plan for Firefighters, Fire Inspectors, Driver Engineers, Lieutenants and Captains is attached as Appendix A. The pay plan incorporates the ten percent (10%) paramedic pay previously specified in Article 50 and the five percent (5%) EMT incentive pay previously specified in Article 24. Current inspectors who are not EMTs shall be paid five percent (5%) below the hourly rate listed in the pay plan. The pay plan includes an additional five percent (5%) adjustment in the pay rate for those employees who are permanently assigned to a 40 hour work week. Employees are required to meet all of the job qualifications of the particular step prior to being advanced to the next step. Required experience will be calculated from the effective date of advancement from the prior step. A step increase shall become effective upon the date that all requirements have been met. Employees currently in a step who do not meet all job qualifications may remain in that step; however, they shall not be eligible for advancement to the next step unless they meet all qualifications of the current step and the next step. 8.2 Eligibility for Firefighters to move from the initial hiring step, i,e. the probationary step include: the successful completion of probation, as determined by the Fire Chief, including Paramedic Precepting Program, demonstrated proficiency in Fire Operations by passing Minimum Company Standards Evaluation. Effective October 1, 2009, until probationary Firefighter/Paramedics successfully complete the Paramedic Precepting Program and pass all Minimum Company Standards Evaluations, as determined by the Fire Chief, their hourly pay shall be 5% below Step 1 of the Firefighter Paramedic Pay Plan. 83 Eligibility for Fire Inspectors to move from the initial hiring step, i.e. the probationary step include: the successful completion of probation, as determined by the Fire Chief and demonstrated proficiency in Fire Operations by passing Minimum Company Standards Evaluation, 8.4 Eligibility requirements* for Firefighters and Fire Inspectors to move from one step to the next step includes: one (1) year in the current step, and three additional (3) credits" in a Fire Science or EMS Program in non -elective course requirements at the National Fire Academy, the State Fire Academy, other accredited educational institution, or training facility approved by the Fire Chief. It is the parties' understanding that accredited educational institutions only include colleges and universities which are accredited by recognized, well established entities. MO: One (1) year in the current step and one (1) additional course" in the following specific areas (for credit or certificate): Apparatus Operations, Incident Command, or Safety Officer, as approved by the Fire Chief. If a Firefighter or Fire Inspector fails to achieve an educational requirement at the time of an annual step increase, and subsequently achieves the educational requirements after an additional year has passed, he or she may be placed in the step commensurate with their years of experience, effective the date both the educational and time -in -step requirements were both met. 8.5 Eligibility requirements* for Driver/Engineer to move from one step to the next step include: One year as Driver/Engineer in the previous step and successful completion of the educational requirements for Firefighter Step 10. KE One year as a Driver/Engineer in the previous step and three (3) additional credits** in a Fire Service or EMS Program in non -elective course requirements at the National Fire Academy, the State Fire Academy, other accredited educational institution, or training facility approved by the Fire Chief. It is the parties' understanding that accredited educational institutions only include colleges and universities which are accredited by recognized, well established entities. •0 One year as a Driver/Engineer in the previous step and one (1) additional course'"* in the following specific areas (for credit or certificate): Incident Command or Safety Officer, as approved by the Fire Chief. If a Driver/Engineer fails to achieve an educational requirement at the time of an annual step increase, and subsequently achieves the educational requirements after an additional year has passed, he or she may be placed in the step commensurate with their years of experience, effective the date both the educational and time -in -step requirements were both met. * Employees who have obtained a State of Florida Fire Officer 1 Certification, an Associates or Bachelor's Degree in Fire Science or EMS, or an equivalent number of credits necessary to meet the requirements of Firefighter Step 10 are deemed to have met the requirements for the eligibility requirements as specified in 8,4 and 8.5. Otherwise, educational requirements are considered to be either three (3) credits in a Fire Science or EMS Program in non -elective courses at the National Fire Academy, the State Fire Academy, other accredited educational institution, or training facility approved by the Fire Chief or one (1) additional course per firefighter step and can be acquired at any time prior to the advancement to the next step. It is the parties' understanding that accredited educational institutions only include colleges and universities which are accredited by recognized, well established entities. ** Each step requires the separate completion of three (3) credits or one course that is different and in addition to the credits or courses used to meet the requirements of a previous step. EMT or Paramedic credits shall not be used to satisfy the non -elective course requirements. Employees must obtain a "C" or better for non -elective course credits to be applied. 8.6 The requirements for a member to move to the rank of Lieutenant or Captain include the successful completion of the competitive promotional process and selection by the Fire Chief. Lieutenants and Captains are eligible for a one step increase after each year of service in the step, until reaching the maximum step. 8.7 The educational requirements in Article 8 are the responsibility of the employee and shall not be compensable time unless, in the sole and exclusive discretion of the Fire Chief, courses are scheduled for on -duty training. 8.8 Employees who were eligible for and received the 2.5% longevity adjustment in the previous contract will continue to receive the 2.5% additional pay for the term of this contract. 8.9 A Firefighter who is promoted to Driver/Engineer or Lieutenant shall be placed at the Driver/Engineer Step 1 or the Lieutenant Step 1, respectively, of the classification specified in Appendix A, or at the next 12 higher step which provides an increase of at least five (5) percent to his/her pay specified in Appendix A. A Driver/ Engineer who is promoted to Lieutenant shall be placed at the Lieutenant Step 1 of the classification specified in Appendix A, or at the next higher step which provides an increase of at least five (5) percent to his/her rate of pay specified in Appendix A. A Lieutenant who is promoted to Captain shall be placed at the Captain Step 1 of the classification specified in Appendix A, or at the next higher step which provides an increase of at least five (5) percent to his/her rate of pay specified in Appendix A. 8.10 An employee who meets the requirements for and is promoted to any position, and subsequently does not meet the requirements for the position will be demoted to his/her former position or the next lowest position in which a vacancy exists and for which the employee meets the requirements, effective thirty (30) days after the date that the employee does not meet his/her position's requirements. This thirty (30) day period will begin after the employee returns from long-term FMLA or military leave, if applicable. An additional extension of thirty (30) days may be requested and will be provided by the Fire Chief if the employee can show he or she is making good faith efforts to meet the requirements. A demoted employee shall be placed at the next lower step for the position to which they are moving in Appendix A which provides a decrease of at least five (5) percent to his/her pay rate. In order for the demoted employee to be subsequently considered for promotion, the demoted employee must be eligible for, take and pass the promotional exam, and be placed on the promotional list in accordance with Article 32. 8.11 The Pay Plan effective October 1, 2009, October 1, 2010, October 1, 2011 is specified in Appendix A. 8.12 An employee of record on January 1, 2011 who has completed one (1) year of service in the maximum Step of his or her position on that date, shall receive a lump sum payment of 2.5% of the employee's annual pay (calculated from his/her Pay Flan rate in Appendix A) in the first paycheck after January 1, 2011. 8.13 An employee of record on January 1, 2012 who has completed one (1) year of service in the maximum Step of his or her position on that date, shall receive a lump sum payment of 2.5% of the employee's annual pay (calculated from his/her Pay Plan rate in Appendix A) in the first paycheck after January 1, 2012. 13 ARTICLE 9 LONGEVITY PAY 9.1 Longevity will be paid as additional pay through the regular payroll process every two weeks. Longevity pay will be calculated based on the number of years of continuous service with the Fire Rescue Department. Years Percentage $ 1% 9 1% 10 2% 11 2% 12 3% 13 3% 14 4% 15 4% 16 and each year thereafter 5% 14 ARTICLE 10 OVERTIME PAY The City and the Union agree to the following: 10.1 In the event that the need for overtime should occur in the Fire Rescue Department because of vacations, sickness, or other conditions, overtime shall be paid at the rate of one -and -one-half (1-112) times the regular rate of pay for hours worked in excess of the firefighter's average work. Paid sick leave used during City's standard two (2) week pay period shall not count as hours worked for purposes of calculating overtime. 10.2 Overtime is caused when one or more of these three conditions are not met: a) All in-service vehicles must be staffed with a company officer or acting company officer from the current promotional list or an acting company officer from the Rescue Supervisor list for transport units. The Battalion Chief or acting Battalion Chief may also assign other shift members to Rescue Supervisor to act as a company officer. There must be two lieutenants on duty working in the capacity of lieutenant per shift. b) One Driver/Engineer on duty working in that capacity. c) One certified paramedic who has passed paramedic preceptorship on each rescue unit. Except as specified in this article, current overtime assignment practices will continue to the extent that circumstances are the same. If an employee accepts an overtime assignment for less than twelve (12) hours, then he shall not lose his position on the overtime list. He shall still be able to accept another overtime assignment of up to twenty-four (24) hours before moving to the bottom of the overtime list. Employees who were not contacted will not lose their positions on the list. 10.3 Except for mutuals, personnel shall not be scheduled for more than thirty-six hours of continuous on - duty status, unless the Fire Chief or his designee specifically approves. 10.4 The Union is responsible for maintaining accurate overtime rosters for: Captain, Lieutenant, Driver/Engineer, Firefighter, Fire Inspector, until Telestaff is operational. 10.5 Overtime assignments will be made on a position for position basis, Le. the same rank or those on the promotional list or those on the acting list for the rank which caused the need for the overtime. Employees on the Rescue Supervisor list shall work out of title as acting company officer on transport units. 10.6 Non -shift employees shall be compensated at one -and -a -half times their regular rate of pay for hours worked (or where paid leave, except sick leave, is granted by the City) in excess of forty (40) hours during the workweek. Paid sick leave shall not count as hours worked for purposes of calculating overtime. 15 ARTICLE 11 CALL-BACK PAY 11.1 All Fire Rescue Department employees covered by the terms of this Agreement who are called back to work from off duty, for a work -related reason, shall be paid at least three (3) hours call-back pay at one and one half times the employee's regular rate of pay. 11.2 The Chief or his designee shall be the authorized agent to initiate/terminate the call-back for personnel. 11.3 Reporting to work early or being held over after a work shift e.g. being required to work for a period of time which is outside the normal shift but contiguous to the normal shift, is not a call-back and is not subject to call-back pay. In ARTICLE 12 BASIC WORK WEEK 12.1 The normal work week for the term of this contract shall be no more than an average of forty-eight (48) hours. 12.2 Employees regularly scheduled to work a 24 hour shift shall do so, commencing at 0800 hours, with 48 hours of regularly scheduled time off after the completion of each shift. 12.3 The normal work week for personnel not assigned to a forty eight (48) hour work week shall be forty (40) hours. 12.4 Except for mutuals, personnel shall not be scheduled for more than thirty-six hours of continuous on - duty status, unless the Eire Chief or his designee specifically approves. 12.5 The City will endeavor to provide as much notice as is reasonably possible prior to implementing a change in shift or a change from shift to a 40 hour work week. 12.6 Members of the bargaining unit, whose normal work week is 48 hours and who are temporarily assigned by the Chief to a 40 hour work week to accomplish an operational need of the department (except light duty or remediation) which is outside of their shift and is for a period of time in excess of 40 hours will receive an additional 5% pay over their base rate of pay for the duration of the operational assignment. 17 ARTICLE 13 WORKING OUT OF TITLE 13.1 Except as otherwise set forth below, when an employee is assigned to work in a higher classification, he/she shall be paid an additional one dollar and fifty cents ($1.50) per hour for the higher classification. 13.2 Members who are on current lists for positions of Driver, Lieutenant and Captain shall work out of title in those positions, as assigned. Members who are on the Rescue Supervisor list shall work out of title as acting company officers on transport units, as assigned. The Battalion Chief or acting Battalion Chief may also assign other shift members to Rescue Supervisor to act as a company officer. Members who are on the acting Driver Engineer list shall work out of title as such, as assigned. 13.3 Personnel not on a promotional list may be assigned to work out of title when an on -duty employee takes unscheduled leave, 13.4 A shift supervisor is the Lieutenant or Captain assigned on a temporary basis to coordinate and oversee the operation of the shift for the period assigned. An employee assigned as a Shift Supervisor will receive additional compensation as outlined in 13.1. 19 ARTICLE 14 VACATION 14.1 Personnel assigned to a 48 hour work week covered by this Contract shall accrue paid vacation time as follows: (a) 0 - 60 months employment: 12 hours for each completed month of service. (b) 61 - 120 months employment: 16 hours for each completed month of service. (c) Over 120 months employment: 18 hours for each completed month of service. (d) Over 240 months employment: 20 hours for each completed month of service. 14.2 Personnel assigned to a 40 hour work week shall accrue paid vacation time for such periods as follows: (a) 0 60 months of employment: 8 hours for each completed month of service. (b) 61 -120 months of employment: 10 hours for each completed month of service. (c) Over 120 months of employment: 12 hours for each completed month of service. (d) Over 240 months employment: 14 hours for each completed month of service. 14.3 Vacation leave may be accumulated but not in excess of 500 hours. Vacation leave in excess of the above amount shall be forfeited at the end of the calendar year. 14.4 Any employee who is separated from the service (resignation, death, retirement including entering DROP, or discharge) shall be compensated in cash up to 400 hours of accrued and unused vacation time at his/her regular rate of pay at the time of separation, provided he/she has been approved for benefits by the City Manager, 14.5 Schedules for vacation shall be subject to the approval of the Fire Chief or his designee and shall be based upon the needs of the Department. 14.6 Personnel assigned to a 48 hour work week shall take a minimum of 96 hours of scheduled vacation leave each calendar year after the first year of employment. Ninety-six (96) hours of vacation leave shall be scheduled by September 301" of each year, for the next calendar year. Failure to take vacation leave of 96 hours shall result in the unused balance (i.e. the difference between the 96 hours minus the actual hours used) of vacation leave being forfeited at the end of the calendar year, unless the Fire Chief allows some carry over for exceptional reasons and upon conditions designated by the Fire Chief, 14.7 All vacation leave or compensatory leave for employees who are scheduled to work 48-hour work weeks must be taken in blocks of 12 hours, commencing either at 0800 hours or 2000 hours, or in 24 hour blocks, commencing at 0800 hours. Vacation and compensatory leave may be approved in 4-hour blocks at the end of the requesting employee's prior shift only if leave slots are available for the next shift. All vacation and compensatory leave for employees who are scheduled to work a 40-hour workweek must be taken in half-hour increments. 14.8 Requests for vacation or compensatory leave in blocks of 4 hours or 6 hours for educational purposes may be granted, with the pre -approval of the Fire Chief. 14.9 If two or more members independently agree to any mutual exchange agreement, it must be in one hour blocks, subject to prior approval by the Battalion Chief. Mutual exchanges shall be permitted on a position for position basis, i.e. the same rank and between employees who are eligible and approved to work in the same capacity. Mutual exchanges shall not incur any costs to the City. A member shall only utilize a maximum of two (2) mutual exchanges in a 24 hour shift. 19 ARTICLE 15 HOLIDAYS 15.1 All employees covered by this Contract, that are assigned to a 48Whour work week when a holiday occurs, shall receive, in addition to his/her regular pay, eleven (11) hours pay at his/her rate for each of the following holidays: NEW YEAR'S DAY MARTIN LUTHER KING'S BIRTHDAY PRESIDENT'S DAY MEMORIAL DAY INDEPENDENCE DAY LABOR DAY VETERAN'S DAY THANKSGIVING DAY DAY AFTER THANKSGIVING CHRISTMAS EVE CHRISTMAS DAY All employees on a 40 hour work week, covered by this Agreement, shall receive each holiday as a paid day off. 15.2 All employees covered by this Contract shall be allowed twenty-four (24) hours of personal leave accumulated on October 1 of each fiscal year. Personal leave must be scheduled and approved in advance, except for emergencies. Such leave must be taken in the fiscal year which it is awarded. Failure to take this personal leave within the specified time frame shall result in forfeiture of same. 15.3 All accrued holiday pay as of December 1st of each year will be paid in one (1) lump sum on the first pay day in December to all shift personnel. 15.4 All employees who are scheduled to work during a holiday, and who incur any unscheduled leave shall not be entitled to holiday pay for that holiday. All employees scheduled to work a holiday and who incur unscheduled leave between 2100 hours and 0800 hours during that scheduled shift shall be entitled to the holiday pay only for the number of hours worked during that portion of the shift for that holiday. 20 ARTICLE 16 MEDICAL COVERAGE PROGRAM 16.1 The City shall provide group health insurance for its regular full-time employees, covered by this Agreement, subject to the following conditions: The City may establish, change, supplement and implement the City health insurance program, including but not limited to changes in the Company, benefits, and all costs related thereto. The only exception to the foregoing sentence is that if the City Exercises its right to implement any such changes, it will provide reasonable notice and discuss with the Union the explanation of changes and reasons therefore. The City agrees that it will continue as in the past to include the Union in the selection process for any insurance coverage contemplated by this Article. 16.2 The cost of medical benefits paid by employees during calendar year 2010 shall be as follows: United Healthcare HMO PAID BY EMPLOYEE MONTHLY Employee only $ 45.22 Employee + Spouse $ 225.36 Employee + Child(ren) $ 195.38 Family $ 245.44 United Healthcare POS PAID BY EMPLOYEE MONTHLY Employee only $ 94.74 Employee + Spouse $ 236.08 Employee + Child(ren) $ 204.64 Family $ 257.10 United Healthcare PPO PAID BY EMPLOYEE MONTHLY Employee only $ 84.34 Employee + Spouse $ 210.16 Employee + Child(ren) $ 182.20 Family $ 228.88 16.3 Retirees may continue to participate under the medical insurance program provided by the City, subject to City requirements including paying the full insurance premiums for medical insurance coverage. 16.4 In the event a member is killed in the line of duty or suffers a catastrophic injury as defined in F.S. 440.02 (2002), the City will compensate the member and/or the surviving spouse and dependent children in accordance with F.S. 112.191. 21 ARTICLE_17 SICK LEAVE 17.1 Sick leave time will be earned at the rate of twelve (12) hours for each month of service based on a forty-eight (48) hour work week. (There will be no limit to the amount of sick leave days accumulated.) Sick leave shall be granted for the following reasons: A. Personal illness or physical incapacity to such an extent as to be rendered thereby unable to perform the duties of his/her position. B. Attendance upon members of the family within the household of the employee whose illness requires the care of such employee. C. Enforced quarantine when established by the Department of Health or other competent authority for the period of such quarantine. 17.2 An employee who is absent from work due to an illness or disability may be required to submit a physician's statement of physical illness. When deemed necessary, the Department Head may require proof of any illness. 17.3 An employee hired prior to October 1, 1994, may receive compensation for accrued sick leave based upon the amount accrued by the employee as of September 30, 1994. An employee whose accrued sick leave as of September 30, 1994 is 480 hours or more, may receive compensation for accrued sick leave in excess of 288 hours anytime during his/her employment with the City, or at retirement at the following rate: ACCUMULATED HOURS % OF BUY BACK 288 hours - 564 hours 25% 555 hours - 930 hours 50% Over 930 hours 100% Employees who have accumulated more than 480 hours as of September 30, 1994 may not be paid for any accumulation beyond their accrued levels as of September 30, 1994. 17.4 Any employee of the bargaining unit who uses no sick time between October 1 and March 31 of any fiscal year shall accumulate twelve (12) hours of vacation leave. Any employee of the bargaining unit who uses no sick time between April 1 and September 30 of any fiscal year shall accumulate twelve (12) hours of vacation leave. 1f any employee uses no sick time at all during any fiscal year, he shall accumulate twelve (12) additional hours for a total of 36 hours for the year. 17.5 All employees assigned to a forty hour work week shall accumulate sick leave at the rate of eight (8) hours per month. 22 ARTICLE 18 ON-THE-JOB INJURY 18.1 Any employee who is disabled in the course of his/her tour of duty with the City of Tamarac's Fire Rescue Department, which disability would be compensated under the Worker's Compensation Statutes shall be compensated under the Worker's Compensation provisions, as set forth in F. S. Chapter 440, as amended. 18.2 An employee, as covered under this contract, shall be paid his/her full salary during the first average Firefighter work week (48 hours) during his/her absence as a result of the work related injury, to include the time lost on the date or shift during which the injury occurred. 18.3 If an employee is unable to return to work after the first week, the City will supplement the employee's Worker Compensation benefits so that the employee shall receive a total of eighty-five percent (85%) of his/her gross hourly rate of pay until such a time as the employee returns to work (either full duty or light duty), terminates, or retires, whichever occurs first. The Worker's Compensation benefit shall be paid directly to the employee, in accordance with applicable law. The remaining portion shall be paid by the City to the employee in compliance with applicable law. 18.4 Whenever an employee is injured on the job and is on disability leave and becomes physically able to perform some useful light duty work for the City, he/she may be required to do so as a condition to receiving the benefits specified in this Article. Light duty work shall be consistent with the employee's medical limitations and will first be sought within the Fire Rescue Department. If it is not available in the Fire Rescue Department, it may be provided in any other Department. All employees assigned to light duty shall normally work five (5) — eight hour days. All outside employment by employees receiving Worker's Compensation benefits shall require approval by the Fire Chief. 18.5 A member, during their duty period, who presents with chest pain or chest discomfort, possible cardiac issues, respiratory issues, or in the opinion of a treating paramedic has any other potentially serious medical emergency, will have their carbon monoxide levels assessed in the field, and recorded, as soon into the treatment as practicable, in addition to any other assessment and treatment as defined in local medical/trauma protocols, procedures and standard of care. In the event the member is no longer on duty, AND has responded to an emergency incident within the prior 24 hour period, the member is authorized and encouraged to have their carbon monoxide levels assessed in the field, or at the treatment facility, as soon into the treatment as practicable, in addition to any other assessment and treatment as defined in local medical/trauma protocols, procedures and standard of care. 23 ARTICLE 19 PRESUMED COMMUNICABLE DISEASES 19.1 Recognizing the Firefighters increased risk to communicable, deadly diseases on the job, the City agrees to the following: A, An employee who contracts AIDS, Hepatitis, or Cancer, will be entitled to be compensated as in the "ON-THE-JOB INJURY", Article 18. 24 ARTICLE 20 WELLNESS PROGRAM 20.1 The Wellness Program will commence at 1600 hours. On Saturday and Sunday, times may vary as directed by Battalion Chief. 20.2 The Wellness Program, medical evaluation program and physical performance program shall be reviewed by a committee composed of two (2) representatives of the Bargaining Unit, two (2) representatives of Administration and these four (4) shall choose a fifth member. 20.3 The committee shall make recommendations annually by March I" with respect to the following: a. Maintaining and replacing necessary equipment or gear including funding recommendations for such; and b. The Wellness Program. 20.4 An employee, during his/her period of employment, may be required to undergo periodic medical examinations to determine his/her physical and mental fitness to perform his/her job. Such periodic medical examinations shall be at the expense of the City. 20.5 Participation in the Wellness Program shall be mandatory. 20.6 All 48-hour employees, other than those medically unable to do so, shall participate in the Wellness Program for at least (1) hour per shift. Those employees assigned to a forty (40) hour work week, other than those medically unable to do so, shall participate in the wellness program for one (1) hour per day, two (2) days per week. 20.7 Physical examinations shall be voluntary for members who were hired on or before February 1, 2004. Members hired on or after February 1, 2004 and members who are on the Special Operations Team shall undergo a mandatory physical examination. Employees who undergo mandatory physical examinations will be compensated for their time and the physical examination will be scheduled at the discretion of the City. 20.8 For those members who undergo mandatory physical examinations, the examining physician will initially discuss the results with the unit member and thereafter, will furnish a written confirmation to the Fire - Rescue Chief that the unit member was examined and the unit member can or cannot perform the essential job requirements of: ■ the member's job classification ■ the Special Operations assignment. 20.9 The annual physical examination shall be performed by a Fire Rescue Physician which shall be chosen mutually between the City and the Union. 20.10 The record of the annual physical examination shall be retained by the examining physician. 20.11 The City and the Union mutually agree to strive for a healthier and safer environment for all. This would include but not be limited to providing annual employee Fit test for HEPA and SCBA masks, having influenza and/or other vaccines available, and providing tuberculosis screening as recommended through national, state and local guidelines. Both parties agree to continually pursue other items, for healthcare (firefighters) workers. 25 ARTICLE 21 SUBSTANCE ABUSE ARTICLE 21.1 The City and the Union recognize that employee substance and alcohol abuse may have an adverse impact on City government, the image of City employees, and the general health, welfare and safety of the employees and the general public at large. Therefore, the parties agree that the City of Tamarac Drug and Alcohol Free workplace policy shall be adhered to by all members of the bargaining unit. The City has required all non -bargaining employees to comply with the policy set forth herein. The City of Tamarac shall have the right and authority to require employees to submit to toxicology and alcohol testing designed to detect the presence of any controlled substance, narcotic, drug or alcohol. 21.2 It is understood and agreed that the tests conducted under this Article shall be administered in a purely employment context only as part of the City's legitimate inquiry into the use of any controlled substance, narcotic, drug or alcohol by its employees. 21.3 All tests shall be conducted in medical laboratories using recognized technologies. In the event an employee's test is positive, a second test shall be conducted to verify the results. If the employee so requests, he/she shall be given a copy of the test results after the employer has received same. 21.4 The results of such test may result in appropriate disciplinary actions, up to and including dismissal, in accordance with the applicable provisions of the City Code, the City Personnel Rules, the City's Drug and Alcohol Free Workplace Policy, and/or the Departmental Rules and Regulations. 21.5 The parties agree that any employee's refusal to submit to toxicology or alcohol testing in accordance with the applicable provisions of the City Code, the City Personnel Rules, the City's Drug and Alcohol Free Workplace Policy, and the Departmental Rules and Regulations shall be subject to disciplinary action up to and including the termination of their employment. 21.6 The City agrees to create an Employee Assistance Program (EAP) and to fund it during the term of this Agreement. 21.7 The Union agrees to comply with the drug and alcohol testing provisions of the Workers' Compensation Law of Florida, as amended. The Union recognizes that the Law provides for drug testing as a part of an examination relating to an on the job injury. 21.8 The City agrees to provide yearly briefings which will cover all aspects of the Drug and Alcohol Free Workplace Policy and employees will be given the opportunity to ask any questions they may have concerning the Policy. All employees covered by this agreement shall be given copies of the City of Tamarac Drug and Alcohol Free Workplace Policy. 26 ARTICLE 22 TIME POOL BAND 22.1 Upon Union notification to the City of an employee with a long-term illness/injury, the employee will be put on a 40 hour work week during the time period in which the employee is drawing time from the Time Pool Bank. 22.2 Said employee will use one (1) month's time of his/her sick leave (or vacation upon exhaustion of sick leave), and then will become eligible to draw time from the time pool, if approved by the Union Time pool Committee. The Time Fool will provide up to two (2) months time per member incident. 22.3 After the two (2) months' time pool leave, the employee must use up all his/her accrued time before being eligible for a leave of absence without pay. Such Leave may be approved for at least a year on a monthly basis based upon the physician's letter that the employee cannot return to work at this time but is still recuperating. 22.4 Upon Union notification to the City of a time assessment of Union member(s), the City will begin the necessary payroll deductions. The City will document and record the employee deduction and accumulation of hours in the time pool. The City will forward a monthly statement to the Union. 22.5 The Union shall promulgate rules and guidelines to administer this article in compliance with all legal requirements to ensure non-discrimination. 27 ARTICLE 23 LEAVES OF ABSENCE 23.1 Leaves of absence without pay for a period not to exceed forty-five (45) days may be granted to an employee with regular status for any reasonable purpose by the City Manager or his/her designee. Such leaves may be renewed or extended for any reasonable purpose not to exceed one (1) year. 23.2 Any employee may, upon request, be granted a leave of absence without pay by the City Manager or his/her designee for educational purposes at an accredited institution when it is related to his/her employment. The period, not to exceed one (1) year may be renewed at the request of the employee. 23.3 Leaves of absence, with or without pay, may also be granted to employees by the City Manager or his/her designee if it is determined that it is for educational purposes to attend conferences, seminars, briefing sessions or other job -related activities of a similar nature which are intended to improve or upgrade individual skill or professional ability. 23.4 Any employee who is a member of the National Guard or Military Reserve Forces of the United States and who is ordered by the appropriate authorities to attend a prescribed training program or to perform other duties, shall be granted a leave of absence with pay as provided by Florida Statutes, 23.5 Any employee who is on duly authorized paid leave of absence will continue to maintain all benefits including seniority, and health benefits. All job -related benefits will cease when an employee's leave of absence is in excess of thirty (30) days. Any member may elect to continue hospital and/or personal insurance plans by personally making future payments for this coverage. 23.6 No employees shall accrue seniority, vacation or sick leave credits while on an authorized leave of absence. Upon reinstatement, these benefits will be at the level they were at the beginning of the leave and will accrue at the same rate as prior to the authorized leave. 23.7 The City shall comply with the Family and Medical Leave Act W., ARTICLE 24 INCENTIVES 24.1 Incentives will be paid as additional pay through the regular payroll process every two weeks as detailed in Article 24.2, 24.2 Incentives for the following educational achievements or certifications will be paid in the regular paycheck every two weeks. A. Florida Fire Instructor - $650 ($25 in the regular paycheck every two weeks). B, Employees meeting the qualifications below shall receive only one of the following: 1. Associates Degree in either Fire Science, EMS, or Nursing or any combination of the three - $1,560 ($60 in the regular paycheck every two weeks). 2. Bachelor's Degree in a major accepted by the State for supplemental firefighter's compensation - $2,600 ($100 in the regular paycheck every two weeks). 3. Those members who have received the maximum allowable ($2,570) for an Associate's degree shall continue to receive $2,570 ($98.85 in the regular paycheck every two weeks) through the last paycheck issued in December, 2010, 4. Those members who received more than $1,560 but less than $2,570 in 2006 for an eligible Associate's Degree shall continue to receive the same actual dollar amount as they received in December 2006, divided equally in their regular paycheck every two weeks through the last paycheck issued in December, 2010. Those members who earned their degree during the 2006 fiscal year and who received pro-rata incentive pay in December 2006 shall receive the annualized amount of their 2006 incentive pay divided equally in their regular paycheck every two weeks through the last paycheck in December, 2010, C. Employees achieving their educational milestone or certification shall be paid the incentive effective the payroll period that the milestone was reached or certification awarded. 29 ARTICLE 25 EDUCATION REIMBURSEMENT PROGRAM 25.1 The City shall budget $30,000 per fiscal year to reimburse employees for approved job related courses started within that fiscal year. Approval of courses shall come from the Fire Chief. 25.2 An employee who wishes to obtain education reimbursement shall complete the Course/Program Pre -Approval Form. It is the employee's responsibility to submit the completed form to their immediate supervisor, and receive the Fire Chief's written approval, within two weeks from the start of the course. 25.3 If the employee fails to provide the required information to their immediate supervisor by the above referenced deadline, educational tuition reimbursement may be denied. 25.4 To receive the education reimbursement payment for the approved course/training, the employee must submit an itemized receipt of the tuition and appropriate costs, along with evidence of the satisfactory completion of the course/training, to the City within sixty (60) days of completing the course. 25.5 The City shall reimburse employees at the per credit hour of undergraduate or graduate tuition rate approved by the Florida Board of Regents for Florida Atlantic University, up to a fiscal year maximum of $2,500 per employee, subject to the budgeted amount in 25.1. The City shall pay for the appropriate costs of the courses, including tuition for lab courses and textbooks. Textbooks and accompanying CID Rom disks, and other publications paid for by the City shall be returned to the City upon completion of the course in order to be eligible for reimbursement. The City shall not pay for late registration fees, miscellaneous supplies, travel time or travel expenses and cost of transcripts. 25.6 Any course which results in a state certification shall not be reimbursable until state certification is awarded. 25.7 If an employee does not pass a course with a grade of "C" or better, or withdraws from a course, the employee shall not be eligible for the educational reimbursement. 25.8 All education reimbursements an employee receives from the City may be subject to taxation per applicable laws. 25.9 If an employee voluntarily terminates prior to two (2) years from completion of the course(s), the City shall be reimbursed for all expenses. The City shall deduct this amount from the employee's final paycheck. 25.10 Employees shall receive educational reimbursements in accordance with this Article up to the amounts allowed per Article 25.1 and Article 25.5 If at the end of the fiscal year, budgeted funds described in Article 25.1 remain uncommitted and available, then employees who have otherwise eligible educational expenses except that they exceeded the maximum amount in Article 25.5, shall be eligible to receive an additional educational reimbursement which exceeds that maximum amount. This additional educational reimbursement amount shall be calculated proportionately based on the employee's eligible educational expense over the maximum and the remaining budgeted funds, but shall not exceed either of these amounts. 30 ARTICLE 26 BEREAVEMENT LEAVE 26.1 In the event of a death in the immediate family of an employee on a 48 hour work week, the employee shall be granted up to one (1) twenty-four (24) hour shift off with pay. An additional twenty-four (24) hour shift will be granted for an employee who travels over 250 miles to attend the service. 26.2 Immediate family shall be defined as employee's spouse, children, mother, father, sister, brother, step parents, step grandchildren, grandmother, grandfather, father or mother-in-law, grandchildren, son or daughter-in-law, brother or sister-in-law and; upon proof, any person in the general family whose ties would normally be considered immediate family and living within the same household. 26.3 The City reserves the right to require documentation supporting approval of bereavement leave after the employee returns to work. 26.4 Applications may be made to the Fire Chief and/or his/her designee for extension of bereavement leave. The compensation for this additional leave will be paid from any accrued leave time available (sick leave, personal leave, vacation leave), at the employee's choice. 26.5 Employees assigned to a 40 hour work week shall be granted three (3) working days of bereavement leave with pay in the event of a death in the immediate family within the State of Florida. Five (5) working days will be granted in the event of a death, which requires the employee to travel over 250 miles to attend the service. 3t ARTICLE 27 UNIFORMS 27.1 The City shall supply as needed to each member, at no cost to the member: a. Dress Uniform: Short sleeve and long sleeve, button shirt with Fire Rescue Patch, white for Lieutenants, Captains, and Inspectors, blue for all others. Dark blue pants Black belt Badge Nametag Collar Insignia, if applicable Paramedic or EMT patch (except for long sleeve button shirt) b. Daily Uniform; Short sleeve polo type shirt, with Fire Rescue and Union embroidery in chest and TAMARAC FIRE RESCUE on back Dark blue pants Black belt Blue baseball style cap with approved Union logo C. Work Uniform: Blue or white short and long sleeve T-shirt with approved Union logo Dark blue pants Black belt d. Turn -out Gear: Helmet Coat Pants Boots Gloves Hood Suspenders SCBA Mask e. Miscellaneous: Blue winter jacket Grey or Blue sweatshirt with approved Union logo Jumpsuit Where specified above under multiple lists, one item may serve to complete more than one uniform. Whenever possible, components shall be approved for structural firefighting under the appropriate NFPA standard. 27.2 Any member who loses or fails to take proper care in safeguarding his/her equipment shall replace the equipment at his/her own expense. Personal equipment damaged in the course of performing required job duties may be considered for replacement up to an amount of $100.00 after presenting report of breakage or damage to the Department. Personal equipment is defined as glasses, watches, knives, rescue or fire tools, and wedding bands. All lost or misplaced City issued equipment, clothing or uniforms will be replaced by the employee. 32 27.3 All employees shall wear ANSI approved black safety shoes or boots. The City shall choose the vendors and make available at least eight (8) shoe styles, which shall include traditional work shoe and boot styles, for individual employee selection. 33 ARTICLE 28 TERMINATION OF BENEFITS 28.1 Vacation time, sick leave, holiday time and overtime (compensatory time) that has been performed and is in an accumulated status, will be compensated in accordance with applicable contract provisions by check upon termination or entry into the DROP provided at least two weeks written notice of termination or entry into the DROP has been provided to the City or on the next payday at the option of the employee. If two weeks written notice has not been provided to the City, the final payment shall be processed with the next scheduled payroll. 28.2 The City shall be entitled to withhold all or a portion of the final check pending the member's return of all City property in his/her custody including, but not limited to, Fire Rescue Department equipment, health insurance cards, and City identification cards. 34 ARTICLE 29 PROBATIONARY PERIOD/EMPLOYEE (NEW HIRE) 29.1 The probationary period for all new employees shall be one year from the date of employment as a Firefighter. An employee shall be formally reviewed once after three months, six months and nine months from date of hire. These reviews shall in no way affect the employee's salary, but rather shall be a means of notifying the employee, supervisor and City Manager of the employee's progress. 29.2 At any time during the Probationary Period, the Fire Chief or City Manager may terminate the employee. Any termination prior to expiration of the probationary period shall be final and not subject to the Grievance Procedure and Arbitration Procedure in this Agreement. 29.3 Upon the conclusion of the Probationary Period if the Fire Chief and City Manager recommend continuance of employment, the employee shall be given regular status. 29.4 The probationary period may be extended once for a period of up to six (6) additional months at the sole and exclusive discretion of the Fire Chief with the approval of the City Manager or his/her designee. 29Z Notwithstanding any provision of this Agreement, job benefits for probationary employees in the area of leave shall be consistent with the leave provisions in this Agreement. 29.6 Probationary employees are not eligible to do mutual exchanges or use vacation leave during the first six (6) months of their employment with the City except to attend an approved educational course. Probationary employees will be eligible for mutual exchanges and routinely scheduled overtime after the first six (6) months of their employment with the City, and after successful completion of the precepting program. 35 ARTICLE 30 SENIORITY 30.1 Each employee shall have seniority standing in the Fire Rescue Department equal to the employee's total length of continuous service with the City of Tamarac Fire Rescue Department. 30.2 Seniority as defined in this article shall be used in the pick of vacations and to determine any matters involving seniority, which are utilized in this contract. 30.3 Any "ties" identified as a result of the use of this article shall be broken by the use of the following criteria: 1. Original Date of Employment If the same: 2. Date employee signed the Conditional Offer of Employment If the same: 3. Date and, if applicable, time employment application was received by Human Resources Department If the same: 4. Date application was signed by the employee. 30.4 The Human Resources Department annually will publish a seniority list by September 1$' 36 A_RT_ICLE_31 PERSONNEL REDUCTION 31.1 In the event of personnel reduction, employees shall be laid off in the inverse order of their seniority in the Tamarac Fire Rescue Department. If more than one (1) classification is affected, an employee laid off from a higher classification shall be given an opportunity to revert to the next lower classification, provided that he/she is fully qualified to perform the work in that lower classification. 31.2 Employees shall be recalled from layoff in accordance with their seniority in the Tamarac Fire Rescue Department. No new employee shall be hired as a Firefighter until all employees on layoff status in that classification have had an opportunity to return to work; however, such employees may be required to pass a pre -employment medical examination at time of recall. No laid off employees shall retain recall rights beyond twelve (12) months from date of layoff, 31.3 An employee being recalled shall be notified by certified mail (return receipt) and shall have fifteen (15) working days from the date of mailing of notice to respond affirmatively. If the City fails to receive an affirmative response, the employee shall be removed from the recall list and the City shall have no further obligation to the employee. 37 ARTICLE 32 PROMOTIONAL. EXAMINATIONS 32.1 Promotional examinations will be scheduled by the Director of Human Resources or designee. All examinations shall cover matters which will test the knowledge, skills and abilities of the candidates to efficiently and effectively perform the duties of the position to be filled. 32.2 Announcements for promotional examinations shall include eligibility requirements, application procedure, date of examination, and a list of the source material to be used in the development of the written examination. Announcements of promotional examinations shall be posted in each Fire Station no less than ninety (90) calendar days prior to the date of the examination. 32.3 Promotional examinations will be scheduled at least once every two (2) years or when a promotional list is depleted. The Driver/Engineer examination will be given in 2010 and every two years thereafter, prior to June 301h. The Lieutenants examination will be given in 2011 and every two years thereafter, prior to June 30`h. The Captain examination will be given in 2011 and every two years thereafter, prior to June 301h. 32.4 Promotional examinations may be composed of the following components: an assessment center, practical demonstration of skills, a written test and/or an oral review board; provided that there will at least be a written test or a written portion of an assessment center. 32.5 All promotions shall be made by using the competitive examination process outlined in this Article. 32.6 Each component of the testing process will be valued at 100 points. Each component shall require a passing score of 70%. The final score shall be based on the total score of all components divided by the number of components. 32.7 The written test will be drawn from not more than four (4) recognized Fire Department texts, Tamarac Fire Rescue Departmental Policies and Operational Guidelines and current departmental medical protocol manuals. 32.8 The Human Resources Department will notify each candidate of his/her score and the candidate will be provided an opportunity to review his/her examination packet and score. The Human Resources Department's inability to contact any individual candidate will not delay or interrupt the promotional process. Candidates will have ten (10) calendar days from the notification date to examine with Human Resources staff their examination packet and score. 32.9 A promotional list shall be compiled from the list of employees that earn a passing score on each component of the examination, and will be in effect until a new promotional list is posted in accordance with this Article. 32.10 All promotions shall be made from the existing promotional lists. The Fire Chief shall have the sole and exclusive discretion to promote any one (1) of the top three (3) candidates on a promotional list. If a candidate is being passed over for promotion, the Fire Chief shall meet with the candidate and advise the candidate of the reason(s) he/she is being passed over for promotion. 32.11 When a promotion is made from the top three (3) candidates on a promotional list, the next ranked candidate shall be moved up on the list to provide a pool of the top three candidates from which a selection may be made. 32.12 Candidates on a promotional list may voluntarily and permanently remove themselves from that promotional list by submitting a written request to the Fire Chief. IN 32.13 If fewer than three (3) candidates are on a promotional list, for whatever reason, the Fire Chief may at his sole and exclusive discretion, either make promotions from that promotional list or consider that promotional list depleted and schedule a new promotional examination. 32.14 Eligibility for taking the examination for the following positions within the Bargaining Unit: A. Driver/Engineer 3 years of service as a firefighter with Tamarac Fire Rescue and successful completion of Apparatus Operation course approved by the Fire Chief. B. Fire Lieutenant 5 years of service with Tamarac Fire Rescue, a State of Florida Fire Officer 1 Certification and a State of Florida Paramedic Certificate or 3 years of service with Tamarac Fire Rescue and a Degree in Fire Science (either Associates or Bachelors) and a State of Florida Paramedic Certificate. Any person promoted to Lieutenant after September 30, 2006 must possess and maintain the following: 1) A State of Florida Paramedic Certificate and 2) either a State of Florida Fire Officer 1 Certification or a Degree in Fire Science (either Associates or Bachelors). C. Captain 3 years of service with Tamarac Fire Rescue as a Lieutenant, a State of Florida Paramedic Certificate, an Associate's or Bachelor's Degree in Fire Science; or EMS with a State of Florida Fire Officer I Certification, or related field with a State of Florida Fire Officer I Certification. Any person promoted to Captain must possess and maintain a State of Florida Paramedic Certificate. 32.15 Veteran's preference shall be granted in accordance with all Federal and State Statutes and regulations. 32.16 The City may establish acting Driver/Engineer and Rescue Supervisor lists. 32,17 Eligibility for testing for the acting position for Driver/Engineer and Rescue Supervisor (in addition to requirements in 32.18): A. Driver/Engineer 3 years of service as a firefighter with Tamarac Fire Rescue and successful completion of Apparatus Operation course approved by the Fire Chief. B. Rescue Supervisor 3 years of service with Tamarac Fire Rescue and a State of Florida Paramedic Certificate, 32.18 The examination for the acting Driver/Engineer position shall include a practical evaluation of operating the apparatus which will be graded on a "pass -fail" basis. The examination for the Rescue Supervisor position will include a written component and an evaluation of EMS skills and fire ground operations which will be graded on a "pass -fail" basis. 32.19 The City will give acting Driver/Engineer or Rescue Supervisor examinations as necessary. Acting Driver/Engineer or Rescue Supervisor lists may be used as outlined in Article 10 and Article 13. 39 ARTICLE 33 PROMOTIONAL PROBATION 33A An employee receiving a promotion from a lower to a higher position shall be placed on a six (6) month probation period at the time of promotion. The Fire Chief or designee shall prepare an Employee Performance Appraisal and Development Plan Form after two (2), four (4) and six (6) months and make his/her recommendations to the City Manager or his/her designee for regular status in the position. 33.2 If at any time during the probationary period, a promoted employee does not perform satisfactorily, he/she shall be returned to his/her original classification. In the event his original classification is occupied, the last employee promoted to fill that classification shall be returned to his/her previous position. 33.3 The probationary period may be extended once for a period of six (6) additional months at the sole and exclusive discretion of the Fire Chief with the approval of the City Manager or his/her designee only in situations where the probationary employee could not be evaluated. .M ARTICLE 34 UNION BUSINESS 34.1 District Vice -President and/or designee shall be granted time off to perform their Union functions, including attendance at arbitration hearings, conventions, conferences and seminars. The Union shall inform the City, in writing, of the names and rank of its officers and of its negotiating team within five (5) days after their appointment/election, Time off for Union business is subject to each of the following conditions: (a) A written request including reason, time and location is submitted to Department Management at least forty-eight (48) hours prior to the time -off period. (b) Sufficient staffing is available in the regular shift to properly staff the department during the absence of the local Union official. (c) Employees of equal rank shall have the right to exchange shifts when the change does not interfere with the operation of the Fire Department. 34.2 Time off as provided in this Article for local Union officials shall not exceed a combined total of twelve (12) twenty-four (24) hour shifts being 288 hours total for the conduct of Union business in any one (1) fiscal year. 34.3 Any Union member designated by the District Vice -President may attend Union business after agreement in writing by the Fire Chief. 34.4 Time spent on authorized Union business or otherwise permitted under this Article, will not be counted as hours worked for computation of overtime. 34.5 Time off as provided in this Article may be used by elected firefighter pension board trustees for attendance at firefighter pension board meetings, and conferences or seminars approved by the firefighter pension board. The City will provide up to two (2) twenty four hour shifts per fiscal year per elected trustee for this purpose. The Union will provide up to two (2) twenty four hour shifts per fiscal year per elected trustee for this purpose. Time used in each fiscal year by each elected trustee shall be divided equally between the City and the Union. 34.6 All leave requests for Union business or leave as otherwise permitted under this Article must be signed by the Union District Vice -President before approval, 34.7 Up to two (2) members of the negotiation team may attend collective bargaining negotiation sessions while on duty as long as such attendance does not result in any overtime and no units are removed from service. 41 ARTICLE 35 EMPLOYEE RIGHTS 35.1 Employees within the bargaining unit shall have all of the rights provided for in Florida State Statutes including any and all administrative and judicial interpretations of said Statutes including the right to join and participate in an employee organization, to negotiate collectively, to be represented in the determination of grievances, and engage in activities not prohibited by law. In accordance with Florida Statute 447, it is the intent of both parties to promote harmonious and cooperative relationships between the parties, both collectively and individually, and to protect the public by assuring, at all times, the orderly and uninterrupted operations and functions of the City. 42 ARTICLE 36 RULES AND REGULATIONS 36.1 The Union agrees that its members shall comply with all Fire Rescue Department Rules and Regulations, including those relating to conduct and work performance. 36.2 A current copy of the Rules and Regulations shall be available for review in the City's Intranet. 36.3 These shall be updated annually as a minimum or as needed by the Fire Chief, 36.4 At mutually agreeable times, representatives of the Union and Management shall meet upon the request of either party for the purpose of discussing any matter of mutual interest. The Fire Chief agrees to advise the DVP or designee of any change in rules or regulations prior to implementation of same. 36.5 All Rules and Regulations affecting hours, wages, or working conditions, if amended, shall be subject to collective bargaining (F.S. 447). 43 ARTICLE 37 FIREFIGHTERS BILL OF RIGHTS 37.1 The City and the Union agree to fully comply with all provisions of the "Firefighters Bill of Rights" in accordance with Florida Statutes and a copy of those provisions shall be included in the Tamarac Fire Rescue Department Rules and Regulations, 44 ARTICLE 38 DRILLS/TRAINING 38.1 The Fire Chief shall have the sole responsibility for the training of members within the Fire Rescue Department. The Training Officer, designated by the Fire Chief, will post training, classes, and drill schedules. 38.2 Drills and/or classes typically will be between 09:30 hours to 16:00 hours Monday through Friday, as is currently practiced, however drills may occur from 0800 hours to 23:00 hours as special circumstances occur. 38.3 No drills on holidays. 38.4 No more than one complete physical drill in full bunker gear per twenty-four hour tour. 38.5 Physical drills at the Fire Academy will be no longer than eight (8) hours. 38.6 Drills shall be suspended or modified when in the opinion of the Company Officer, after consultation with the shift supervisor or Battalion Chief, the weather conditions pose a hazard to the well being of the participants. 38.7 The City reserves the right to establish minimum training standards. These standards shall be established by the Fire Chief. 38.8 Company Officers shall be assigned the responsibility of ensuring that training standards are accomplished. 45 ARTICLE 39 MAINTENANCE DAY 39.1 As a guideline for twenty-four (24) hour shift employees, the normal work day for all routine activities, i.e., - vehicle maintenance, station maintenance, and all other similar activities - shall begin at 0800 and end at 1600, (with the exception of training, vehicle readiness, and service readiness and/or capability). 46 ARTICLE 40 JOB DUTIES 40.1 It is understood by the parties that the duties enumerated in job descriptions are not always specifically described. The City agrees that it will not require new tasks and duties to be performed which are not inherent in the nature of the work or do not fall within the skills and other factors common to the position. 40.2 Whenever there is proposed change in the job description of a classification or position within this bargaining unit, the City shall discuss with Union the proposed changes. If the Union is not satisfied with the proposed changes, it may in writing within ten (10) days of the conclusion of the discussion stated above, request a hearing before the Director of Human Resources. This hearing shall be held at a mutually agreeable time within thirty (30) days of the hearing request. If either party is not satisfied, the differences shall be resolved pursuant to bargaining in accordance with F.S. 447, The City agrees not to require any employee hired prior to October 1, 1994 to become a Paramedic, except as outlined in Article 32. 40.3 Personnel covered by this contract shall not be required to perform lawn maintenance. ARTICLE 41 CIVIL SUITS 41.1 The City agrees to defend and hold harmless, any member covered by this Agreement, and automatically undertakes the defense of any member employee against civil damage suits arising from performance of duties while within the employee's scope of employment and will file proper and appropriate counter suits. ARTICLE 42 BULLETIN BOARDS 42.1 The City shall furnish one (1) bulletin board per station for the exclusive use of Local 3080, International Association of Firefighters, for posting of bulletins, notices and other Association materials. Any notice or item placed on the bulletin board shall bear on its face the legible designation of the District Vice President (DVP) of Local 3080 or his designee by official seal, stamp or signature, 49 ARTICLE 43 WORK STOPPAGES 43.1 The Union agrees that its members will not engage in strikes, slow downs, boycotts, stoppage of work, refusal of assignments, or any interference with efficient management and operation of the Fire Rescue Department and the City. 43.2 It is recognized by the parties that the activities enumerated in Paragraph 1, are contrary to the laws of the State of Florida and the City shall be entitled to seek and obtain legal and/or equitable relief in any court of competent jurisdiction. all ARTICLE 44 SPECIAL OPERATIONS 44.1 The City has the sole and exclusive discretion to establish a Special Operations Team. UI ARTICLE 45 NON-DISCRIMINATION 45.1 No employee covered by this Agreement will be discriminated against by the City and/or the Union with respect to any job benefits or other conditions of employment accruing from this Agreement because of Union membership or non -Union membership. Further, no employee covered by this Agreement will be discriminated against by either party to this Agreement because of race, sex, national origin, color, age, disability, marital status, political affiliation, familial status, sexual orientation or religion. 52 ARTICLE 46 SERVICES TO THE UNION 46.1 Upon publication, the City shall provide one copy of this Agreement to each member. 46.2 Upon publication, the City agrees to provide one (1) copy each to the Union, without charge: 1) proposed budget, 2) final budget, 3) year-end financial statement. 53 ARTICLE 47 CIVIL EMERGENCY 47.1 If, a civil emergency condition is declared by the Governor including but not limited to strikes, work stoppages, riots, civil disorders, hurricane conditions, or similar occurrences, the provisions of this Agreement may be suspended by the City Manager or designee during the time of the declared emergency, provided that pay, insurance and pension benefits shall not be suspended. 54 ARTICLE 48 SEVERABILITY CLAUSE 48.1 Should any provision of this collective bargaining agreement, or any part thereof, be rendered or declared invalid by reason of any existing or subsequently enacted legislation, or by any decree of a court of competent jurisdiction, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. The parties agree to immediately meet and confer concerning any invalidated provision(s). 55 ARTICLE 49 KELLY DAYS 49.1 This article applies only to those employees assigned to a twenty-four (24) hour shift. A twenty-one (21) day, three (3) Platoon rotating cycle on twenty-four (24) continuous hours of duty, with one (1) normally scheduled tour of duty (Kelly Day) off every seventh (7th) shift, shall be maintained for the term of this agreement. "Kelly Days" shall be bid on the basis of seniority for each platoon on an annual basis during August of each year for the following calendar year (starting January 2"d) 49.2 After the initial selection, if it is necessary to adjust the "Kelly Day" assignments, such an adjustment shall be made by the Battalion Chief in order to balance the number of members off on any given day. In the event of an intra-shift balancing of personnel, the Battalion Chief shall, in his/her sole discretion, determine the day from which the balancing shall occur. Once that day is selected, the Battalion Chief shall make a reasonable effort to offer selection to the senior employees in the affected rank on that day. The impacted employee will be afforded one opportunity to take any given day off (one 24-hour shift) they choose, using their own accumulated leave, without regard to the number of leave slots available. This opportunity will sunset at the end of six months from the date of the first new Kelly Day, or the end of the calendar year, whichever comes later. Such opportunity would not be available on a recognized Holiday as defined in Article 15, unless the impacted employee had that holiday as their assigned Kelly Day before the adjustment. An employee whose Kelly Day changes as a result of their own promotion will not be eligible for this opportunity. 49.3 The Fire Chief has the right to adjust the "Kelly Day' schedule in order to balance the rank and number of employees off on any given day. Nothing in this Article is intended to limit the City's sole and exclusive right to adjust the "Kelly Day" schedule in order to balance the number of employees off on any given day. 49A In the event that there is a "Kelly Day" vacancy due to retirement, promotion, shift transfer, resignation, termination or any other reason, the Battalion Chief may, at his/her sole discretion, approve an employee's request for a one-time "Kelly Day" exchange. 49.5 In the event of a shift change, employees who have their shift changed due to the needs of the City shall have the right to re -bid their Kelly Days within their prospective shifts. In the event that an employee requests a change of Kelly Day or shift exchange, he or she shall not have the right to re -bid and/or subsequently bump another employee's assigned Kelly Day or create an overtime situation that the City is responsible for such costs. Shift transfers resulting from the promotion of an employee will not be considered as being for the needs of the City for the employee promoted. 49.6 Any employee may mutually exchange Kelly Days with any other employee who is eligible and approved to work in the same capacity subject to the approval of the Battalion Chief, as long as minimum staffing levels are maintained and overtime is not incurred as a result of the mutual exchange. Kelly Day exchanges shall not incur costs to the City. There will be no permanent exchange of Kelly Days due to employee request after the initial annual bid. 56 ARTICLE 50 PARAMEDIC ASSIGNMENT PAY 50.1 All assigned Paramedics will be paid as paramedics as established in Article 8, Wages. Any paramedic removed from assignment for more than 30 days will be paid as an EMT in accordance with Article 8, Wages. For the life of this agreement, no assigned paramedic will lose their assignment and pay unless he/she voluntarily leaves the assignment or is removed for cause. 50.2 All recertification requirements shall be the sole responsibility of the paramedic and EMT. The City will reimburse the employee for the continuing education costs incurred, in accordance with Article 25, as long as the employee has been pre -approved to attend the course by the Fire Chief or his/her designee. Attendance will be during the employee's own time and will not be compensated by the City. 57 ARTICLE 51 TERM OF AGREEMENT 51.1 This Agreement shall be effective this 1st day of October, 2009 and shall remain in full force and effect until and including September 30, 2012. DATED this day of , 2010. ATTEST: ATTEST: Y*�/JAv . 6li//a- APPRO ED AS tO F M SAMUE REN CITY -ATTORNEY CITY OF TAMARAC BETH TALABISCO MAYOR This � fti. day of , 2010 JE`FFREY4-. (MILLER CITY MANAGER ThisZt`�' day of ;�� r , 2010 ROBERT D. 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