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R13-117 I RESOLUTION R13 -117 2 3 A RESOLUTION OF THE CITY COMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5, RATIFYING THE AGREEMENT BETWEEN THE 6 CITY OF BOYNTON BEACH, FLORIDA AND THE 7 1 INTERNATIONAL ASSOCIATION OF 8 ' FIREFIGHTERS, LOCAL 1891 FOR THE PERIOD 9 OF OCTOBER 1, 2013 THROUGH SEPTEMBER 30, 10 2014, AND AUTHORIZING AND DIRECTING THE 11 MAYOR AND CITY CLERK TO EXECUTE THE 12 AGREEMENT; AND PROVIDING AN EFFECTIVE 13 DATE. ' 14 15 WHEREAS, the City of Boynton Beach and the International Association of 16 Firefighters, Local 1891 have successfully concluded negotiations for a one (1) year 17 contract; and 18 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in 19 the best interests of the residents and citizens of the City to ratify the Agreement and 20 execute the same. 1 211 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 221 231 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 241 25 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 26 ratified and confirmed by the City Commission. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does 28 hereby ratify the Agreement between the City of Boynton Beach and the International 29 ' Association of Firefighters, Local 1891 for the period of October 1, 2013 through 30 September 30, 2014, and authorizing and directing the Mayor and City Clerk to execute 31 the Agreement, a copy of said agreement being attached hereto as Exhibit "A ". 32 Section 3. This Resolution will become effective immediately upon passage. \ \apps3 city cbb \autoAData \189 \Items \181\2633 \3504 \Reso_ -JAI F_CBA_2013 -14 doc PASSED AND ADOPTED this g day of October, 2013. 2 3 CITY OF BOYNTON BEACH, FLORIDA 4, 6 ; or — Je aylor 7 8 � �/ 4 rr tea.' •��'•' 9 u. .r —W.•: : •• ay Si IR\ 12 Commissio er Da , . • T. Merker 1 3 14 t. 15 C immissi• -er — i 'chael M. Fi :atrick 16 l� t 17 i ►M., . �.. . 18 C. missioner — Joe Casello 19 ATTEST: 20 __1' 026171 2 i J /et M. Prainito, y MC 2; ity Clerk 24 25 26 (Corporate Seal) 1 \ \apps3 city cbb \autovData \189 \Items \181\2633 \3504 \Reno_- _IAFF_CBA_2013 -14 doc October 1, 2013 - September 30, 2014 COLLECTIVE BARGAINING AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA AND BOYNTON BEACH FIRE FIGHTERS AND PARAMEDICS, IAFF LOCAL 1891 OF THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL -CIO, CLC Ratified by Union f 0101' 1 g 2 G I3 Ratified by Commission IAFF -"� CITY (r* TABLE OF CONTENTS Article Title Pam -- Preamble 1 ADDENDA 1 Recognition 2 2 Discrimination 3 ADDENDUM "A" 3 Payroll Deduction of Dues 4 Post Accident 4 Union Time Pool 5 Drug and Alcohol 5 Representation of the Union 7 Testing Policy 6 Representation of the City 8 Page 71 7 Rules and Regulations 9 8 Hours of Work 10 ADDENDUM "B" 9 Working Conditions 11 Wages-2013-14 10 Uniforms and Safety Equipment 12 Page 75 11 Physical Exams & Immunizations 16 12 Group Insurance/Drug-Free Workplace 19 13 Operator's Insurance 22 ADDENDUM "C" 14 Wages. 23 Tuition Refund 15 Overtime and Call back ... 25 Program / Rules 16 Exchange Time 27 Page 78 17 Sick Leave 29 18 Compassionate Leave 33 19 Vacation 34 ADDENDUM "D" 20 Personal Time 36 Career Ladder and 21 Holidays 37 Promotional Criteria 22 Court Time 40 Page 86 23 Working Out of Classification 42 24 Education 43 25 Educational Supplemental Compensation... 45 INSPECTOR MOU 26 ParamediciSpecialty Team Assignment Pay.. 46 Page 91 27 Licenses & Registration Fees 49 28 Seniority List 50 29 Vacancies and Promotions 52 30 Bulletin Boards 53 31 Notification and Distribution. 54 32 Grievance Procedure 55 33 Prevailing Rights 58 34 Savings Clause 59 35 Appendices, Amendments & Additions 60 36 Successors 61 37 Compensatory Time 62 38 Management Rights ...... 63 39 Supplemental Retirement Insurance 65 40 Collateral Documents...... ....... .. ............ ..... 68 41 Duration. 69 --- Signature Page 70 IAFF Iii CITY _ _, PREAMBLE Section 1. This Agreement is entered into by and between the City of Boynton Beach, hereinafter referred to as the "City ", and the Boynton Beach Fire Fighters and Paramedics, IAFF Local 1891, of the International Association of Fire Fighters, hereinafter referred to as the "Union ". Section 2. It is the purpose of this Agreement to achieve and maintain harmonious relations between the City and the Union; to provide for equitable and peaceful adjustment of differences that may arise and to establish proper standards of wages, hours and other conditions of employment. 1 2013 -2014 IAFF'S 7 - CITY ARTICLE 1 RECOGNITION Section 1. The City hereby recognizes the Union as the sole and exclusive bargaining agent for all employees of the Fire Rescue Department except Chief of the Department, Deputy Chiefs, Fire Marshal, Assistant Fire Marshal, Fire Protection Engineers, Fire Inspectors, Staff Members hired under personal appointment contracts, and clerical personnel. Section 2. This recognition will be for the purpose of bargaining with the City with respect to wages, hours of work, and all other terms and conditions of employment. 2 2013 -2014 IAFF L CITY ARTICLE 2 DISCRIMINATION The City agrees not to discriminate against any employee for his/her activity on behalf of, or membership in, the Union. 3 2013 -2014 IAFF CITY (' a - ARTICLE 3 PAYROLL DEDUCTION OF DUES Section 1. The City agrees to deduct, once each pay period, dues and assessments in an amount certified to be current by the Treasurer of the Union from the pay of those employees who individually request in writing that such deductions be made. The total amount of deductions shall be remitted each month, by the City to the Treasurer of the Union. This authorization shall remain in full force and effect during the term of this Agreement or for 30 days after notification of the revocation of this authorization by the Union Treasurer. The Union will pay for this service in the form of a lump sum payment of $100.00 per contract year. Section 2. Any employee may revoke his/her dues deduction by forwarding their intentions to the Union Treasurer in writing. The Union Treasurer shall be responsible for notifying the City's Finance Department of such revocation. 4 2013 -2014 IAFF CITY ARTICLE 4 UNION TIME POOL Section 1. A. For the purpose of allowing officers of the Union or their designees to conduct union business and attend union functions, a Union Time Pool is established. Each contract year the City will credit the Union Time Pool with 240 hours of time to be used in increments of 2 hours or more. B. Between September 1 and September 15 of each year, bargaining unit members shall be permitted to donate hours of accrued vacation or comp time to be banked and subsequently used to permit designated union representatives to attend Union functions. Donations to this Union Time Bank shall be made by any bargaining unit member on a voluntary basis and on a designated submittal form. All donated time will be calculated and banked on an hour -to -hour basis. An accurate list of those employees donating to this time bank shall be maintained by the Union and administrative payroll, a copy of which will be provided to the Deputy Chief of Operations. Only those employees donating time 5 2013 -2014 IAFF / CITY L� shall be eligible to work in the absence of a Union Representative who is benefiting from this article. It shall be the Union's responsibility to coordinate with Management the provision of coverage and replacement of Union Representatives attending an approved function. C. All requests to use this time are subject to daily staffing requirements and must be approved by the Shift Commander. A maximum of four (4) Union Representatives may be allowed time off and each must follow departmental procedure when applying for time off described in this article. 6 2013 -2014 IAFF E CITY ARTICLE 5 REPRESENTATION OF THE UNION The membership of the Union shall be represented by the President of the Union or by a person or persons designated in writing to the City Manager by the President of the Union. The identification of representatives shall be made each year prior to April 1. The President of the Union, or the person or persons designated by said President shall have full authority to conclude a collective bargaining agreement on behalf of the Union subject to a majority vote of those bargaining unit members voting on the question of ratification. It is understood that the Union representative or representatives are the official representatives of the Union for the purpose of negotiating with the City. Such negotiations entered into with persons other than those as defined herein, regardless of their position of association with the union, shall be deemed unauthorized, and shall have no weight or authority in committing or in any way obligating the Union. It shall be the responsibility of the Union to notify the City Manager in writing of any change in the designation of the President or any certified representative of the Union. 7 2013 -2014 IAFF \;1 CITY Cb,e1/ ARTICLE 6 REPRESENTATION OF THE CITY The City shall be represented by the City Manager or a person or persons designated in writing to the Union by the City Manager. The person designated shall have full authority to negotiate an agreement on behalf of the City. It is understood that the City representative or representatives are the official representatives of the City for the purpose of negotiating with the Union. Negotiations entered into with persons other than those as defined herein, regardless of their position or association with the City, shall be deemed unauthorized and shall have no authority or weight in committing or in any way obligating the City. 8 2013 -2014 IAFF` - CITY ARTICLE 7 RULES AND REGULATIONS Section 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. Section 2. The City may adopt, change and modify rules and safety regulations necessary for the safe, orderly and efficient operation of the Fire Rescue Department as provided in this Article. Section 3. A Committee on Rules and Regulations shall be established for the Fire Rescue Department. This Committee shall be comprised of six (6) members, three (3) appointed by the City and three (3) will be from the Union Executive Board. This committee shall be charged with the duty of reviewing the published and proposed Fire Rescue Rules and Regulations and issuing advisory opinions to the Fire Chief. This Committee shall meet at least quarterly. Whenever the City changes work rules or issues new work rules, the Committee will be given at least fourteen (14) calendar day's prior notice, absent any emergency, before the effective date. 9 2013 -2014 IAFFA__ CITY �� ARTICLE 8 HOURS OF WORK Section 1. All employees covered under this Agreement presently working a 40 -hour workweek shall be scheduled 40 hours per week upon agreement between the Union and Fire Chief. Section 2. All shift employees covered under this Agreement shall work a 48- hour workweek, i.e., one (1) shift on duty and two (2) shifts off duty with a 24 hours Kelly day off during the 21 day work schedule. The one shift on duty will be from 7:30 am — 7:30 am the following day with the exception of battalion chiefs which will be from 7am -7am the following day. Section 3. It is agreed that neither the Union nor the City will propose for negotiations a reduction or increase in the 48 -hour workweek for a period of time corresponding to the term of this Agreement. Section 4. Based upon the special needs of the service and the public, shift employees may, voluntarily, on a temporary basis, be assigned by the Fire Chief or his designee to a 40 -hour work schedule in order to accomplish special projects or special assignments. 10 2013 -2014 IAFF \14 CITY �� f ARTICLE 9 WORKING CONDITIONS Section 1. Fire Rescue personnel may be needed at any time to fight fires and /or render emergency medical care. But, to do so effectively, they need to be constantly prepared. The safety of our citizens depends as much on the fire fighters' ability to maximize the effectiveness of their equipment, as it does on the fire fighters' willingness to risk their lives to protect the lives and property of others. They must be ready to respond immediately to an alarm. Continuous training and equipment maintenance are required to ensure that the desired optimum response effectiveness is attained. Section 2. The Union pledges to support and participate in training, equipment maintenance, fire prevention programs, emergency medical service programs, and public education programs which have as their goal the increased efficiency of the City's fire protection and emergency medical service. Section 3. The City and the Union agree that employees will not be required to perform any task not related to their normal job description, other than routine station maintenance. Routine station maintenance shall be defined as any type of maintenance that is done on a scheduled basis, such as window cleaning, kitchens, living facilities, vehicles and safety equipment. 11 2013 -2014 IAFF CITY ARTICLE 10 UNIFORMS AND SAFETY EQUIPMENT Section 1. The City shall supply Fire Rescue Department personnel with uniforms, on an as- needed basis, provided through the warehouse. The issue will include - uniform shirts, uniform pants /shorts, jumpsuit, ball caps, T- shirts, Last Resort Belt, shorts, work jackets, job shirts, and patches as needed. Current placement of patches will apply. One (1) pair of boots or safety shoes and one pair of dress shoes, on an as- needed basis, will be issued. Department personnel will be provided with an option to purchase shoes or boots of their choice, providing that the shoes/boots comply with department safety and uniform guidelines and that a receipt be provided for reimbursement. The amount to be reimbursed will not exceed $125.00, the difference borne by the employee. Uniforms may be acquired on an "as- needed" basis through "quarter- master" system with the following being the general guidelines for quantities each fiscal year: 2 ea. uniform shirts (Class A) 1 ea. Class A tie 1 ea. uniform pants (Class A) 1 ea. Jumpsuit 3 ea. Uniform pants/shorts (Class B) (EMS pants) 3 ea. polo shirts 12 2013 -2014 IAFF `'' CITY_91?____ 1 ea. ball cap 1 ea. winter jacket 1 ea. pair of approved black boots or safety shoes 1 ea. pair of dress (Class A) shoes 2 ea. shorts 3 ea. T -shirts 2 ea. Long - sleeve tee shirts 1 ea. job shirts 1 ea. Last Resort belt with buckle Wide- brimmed hat Specialty patches as required New employees shall receive the above listed allocation. Section 2. The city shall provide members of the Technical Rescue and Dive Teams with any specialized uniform(s) and safety equipment items needed to perform the functions of those respective teams as agreed to by the department's Labor /Management Team. These uniform and safety equipment items will be issued in addition to the normal complement of standard uniform and safety equipment items listed in Section 1 of this Article. Section 3. All fire fighting safety equipment, as determined by Fire Rescue Department regulations shall be furnished by the City. The title to such equipment shall remain with the City. If standards of fire fighting safety equipment change, upon replacement of existing equipment, the replacement equipment will be National Fire Protection Association (NFPA) recommended. If the Fire Fighter needs a replacement of fire fighting safety equipment, he /she 13 2013 -2014 IAFF ►ill{ CITY___9T___ shall submit such request in writing through the chain of command. The Fire Rescue Department Safety Officer shall make a determination as to the appropriateness of such replacement. Once it is determined that a replacement is needed, the City shall have a maximum of four (4) weeks to replace the item, unless extenuating circumstances exist. The City shall notify the employee of the extenuating circumstances and of the approximate time the replacement item will arrive. Section 4. The City shall arrange for the repair or replacement of an employee's uniform, work clothing, prescription optical aids, watches or dentures which become damaged or lost, through no fault of the employee, while the employee is performing firefighting/ rescue duties, responding to emergency operations or when conducting training functions scheduled by the department. The City shall be exempt from payment for those amounts that are paid by Workers' Compensation. The request for repair or replacement must be submitted within three (3) months from the date of the occurrence. Section 5. Personnel may be responsible for expenses incurred in replacing lost, misplaced or damaged safety gear and clothing due to personal negligence, or intentional misuse, subject to review and recommendation to the Fire Chief by the Labor Management Team. 14 2013 -2014 IAFF \i// CITY_ Section 6. All Fire Rescue Department issued uniforms and equipment will be used exclusively while on duty or at scheduled departmental sanctioned events as determined by the Fire Chief. 15 2013 -2014 IAFF V' CITY_ ARTICLE 11 PHYSICAL EXAMS & IMMUNIZATION Section 1 A. The City shall provide a thorough physical examination, for each permanent member of the Fire Rescue Department. The exam will be conducted in accordance with the most current edition of N.F.P.A. 1582 as approved by the Labor Management Team. Appointments for those examinations will be made by the Fire Rescue Department administration and will correspond with the employee's on -duty time. B. It is the responsibility of the employee to ensure that the physical exam, as noted in Section 'A ", and all necessary follow -up testing be completed in a timely manner, as scheduled. Failure to do so, due to the importance of certification of fitness for duty, will result in the employee being placed in an unpaid leave status until such time as the full exam process is completed. Employees will be given opportunities to schedule appointments and/or associated medical tests while on duty. C. Pursuant to the Florida Worker's Compensation Act, F.S. 440, as 16 2013 -2014 IAFF__� -_" CITY amended from time to time, and the Firefighters Heart and Lung Bill, F.S. 112.18, as amended from time to time, expenses related to diagnostic testing for an employee's 'fitness for retum to duty', and expenses related to a duty - connected injury or illness will be the responsibility of the City. Section 2. The City shall provide for any immunizations or medical treatment as needed for protection from cuts or exposure to disease suffered in the line of duty. Section 3. Immunization A. The City shall provide an immunization schedule during the life of this Agreement for all members as a means of protection from the following: B. Hepatitis — Type B: Members who refuse to be immunized for Hepatitis Type B and who later contract that disease shall not be presumed to have contracted the disease while on duty. C. Hepatitis — Type A: Offered to all members of the department covered by this agreement as defined in N.F.P.A. 1582. Members who refuse to be immunized for Hepatitis Type A and who later contract that disease shall not be presumed to have 17 2013 -2014 IAFF V'� CITY contracted the disease while on duty. D. The City shall offer flu shots for all members as a means of protection from contracting the flu while working during flu season. Section 4. It shall be mandatory for the City to notify the employee when documentation exists that the employee was significantly exposed to a communicable disease in the line of duty only after such documentation is brought to the attention of the City. If an employee contracts a communicable disease as listed in Section 112.181 of the Florida Statutes, as amended from time to time, then it shall be presumed that the employee contracted that disease while on duty, except as stated in Article 11, Section 3 -B and 3-C. Record keeping and notification of known exposures shall be as required by Chapter 112.181 Florida Statutes, as amended from time to time. Section 5. In the interest of encouraging the concept of preventative medicine and physical fitness, the city agrees to provide full body scanning to union personnel as identified herein. In order to control cost, these scans will be offered after five (5) years of employment with BBFRD, and will be provided every five (5) to ten (10) years. This scan is not mandatory. 18 2013 -2014 IAFF Ve./ CITY_ ARTICLE 12 GROUP INSURANCE Section 1. A. Medical Insurance: The cost for all medical insurance premiums for eligible employees shall be borne by the City. Types of coverage currently in effect shall not be reduced. All policies shall be reviewed annually and modifications to the insurance plans may be made which benefit both the City and the union. The City will provide a minimum of thirty (30) days notice if it intends to exercise its right to re -open this section for negotiation. B. If the Union determines that it can provide more economical coverage than the City's principal medical insurance, the union may bargain for a dollar amount per bargaining unit member to be applied to insurance secured through the Union. The City agrees to re -open this section for negotiations at the discretion of the Union during the term of this contract. The Union will provide a minimum of thirty (30) days notice if it intends to exercise its right to re -open this section for negotiation. Section 2. Life Insurance: Members of the bargaining unit shall be covered by 19 2013 -2014 IAFF kV CITY cF- the same $10,000 term life and accidental death policy provided by the City to all employees. Members of the bargaining unit shall also be provided with an additional $25,000 term life and accidental death policy with the premium paid by the City. Section 3. Dental Insurance: The City will pay the premium for the employees and $7.00 per month of the premium for dependent family coverage. Section 4. Fiscal Responsibility. Both the City and the Union understand that the costs associated with providing additional benefits for employees have significantly increased over the past several years. It is the intent of the City and the Union to work together in order to find acceptable ways to reduce the City's expenses associated with providing additional benefits for employees. Section 5 A. Drug -Free Workplace. Both the City and the Union recognize that substance abuse is a widespread problem within our society. The Union will assist Fire Rescue Department employees in obtaining assistance and treatment, if alcohol and /or substance abuse are apparent. The Union endorses the Drug Free Workplace Policy of the City of Boynton Beach, and will cooperate fully with the City to continue with the implementation and enforcement of the policy. 20 2013 -2014 IAFF V/ L CITY ?C'' B. The policy and procedures for Post-Accident Drug and Alcohol testing is in effect and outlined in the attached Addendum "A ". Section 6. The City agrees, that for a full -time firefighter who is killed in the line of duty as per F.S.S. 112.191 (2)(f), as amended from time to time, or suffers a catastrophic injury, as defined in F.S.S. 440.02(37), as amended from time to time, and provided for in F.S.S. 112.191 (2Xg), as amended from time to time, or partially or totally disabled as provided for in F.S.S. 112.18, as amended from time to time, the City shall pay the entire premium for the employer's health insurance plan for the injured employee, the injured employee's spouse, and for each dependent child of the injured employee until the child reaches the age of majority or until the end of the calendar year in which the child reaches the age of 25 if the child continues to be dependent for support, or the child is a full -time or part-time student and is dependent for support. The term "health insurance plan" does not include supplemental benefits that are not part of the basic group health insurance plan. If the injured employee subsequently dies, the employer shall continue to pay the entire health insurance premium for the surviving spouse until remarried, and for the dependent children under the conditions outlined in this paragraph. 21 2013 -2014 IAFF CITY ARTICLE 13 OPERATOR'S INSURANCE Section 1. The City shall defend and hold harmless any employee covered by this Agreement, except any employee under the influence of alcohol, habit forming drugs, or malicious driving, who is sued as a result of any accident while on duty using City equipment. Section 2. The City shall not assign any voluntary off -duty services from bargaining unit employees where such service(s) will involve any direct duty related work such as firefighting or emergency medical services. This Article does not prohibit employees from volunteering their off -duty time to participate in events which have, as their ultimate goal, activities such as public education or public relations for the Fire Rescue Department, provided however that such volunteer service does not waive an employee's coverage under the provisions of Section 1 of this Article. 22 2013 -2014 IAFF ms`" CITY Cr ARTICLE 14 WAGES Section 1. Effective October 1, 2013, the following charts contain the current pay scales that are effective for shift and non -shift members of the Bargaining Unit. SHIFT EMPLOYEES Pay Hours Hourly Annual Hourly Annual Hourly Annual Grade Week Minimum Minimum Midpoint Midpoint Maximum Maximum Firefighter Prob 14P 48 $16.7339 $41,767.78 Firefighter 1 14 48 $17.5706 $43,856.16 522.4141 $55,945.69 $27.2577 568,035.25 Firefighter 2 15 48 518.4492 546,048.97 $23.5349 $58,743.06 $28.6206 $71,437.04 Firefighter 3 18 48 $19.3715 $48,351.42 $24.7116 $61,680.04 $30.0517 575,009.02 Lieutenant 23 48 520.9949 552,403.27 $28.4516 $71,015.16 535.9084 589,627.30 Captain 26 48 $22.0447 $55,023.43 $29.8742 $74,566.06 $37.7039 $94,108.86 Battalion Chief 28 48 $23.1469 $57,774.61 $31.3679 $78,294.35 $39.5890 $98,814.09 Paramedic/Sos altr Team Pav Paramedic $3.75 Over Hourly Base Rate (59,360.00 annual rate) Technical Rescue $0.75 Over Hourly Base Rate (51,872.00 annual rate) NON -SHIFT EMPLOYEES Pay Hours Hourly Annual Hourly Annual Hourly Annual Grade Week Minimum Minimum Midpoint Midpoint Maximum Maximum Firefighter Prob 14P 40 $20.0807 $41,767.78 Firefighter 1 14 40 $21.0847 $43,856.16 $28.8969 555,945.69 $32.7092 $68,035.25 Firefighter 2 15 40 $22.1389 $46,048.97 528.2419 558,743.06 534.3447 571,437.04 Firefighter 3 18 40 523.2459 548,351.42 $29.6538 $61,680.04 536.0621 $75,009.02 Lieutenant 23 40 $25.1939 552,403.27 534.1419 $71,015.16 543.0901 589,627.30 Captain 26 40 526.4536 $55,023.43 $35.8490 $74,566.06 $45.2446 $94,108.86 Battalion Chief 28 40 $27.7762 557,774.61 $37.6415 578,294.35 $47.5068 $98,814.09 CERTIFICATION INCENTIVE PAY Paramedic 54.50 Over Hourly Base Rate ($9,360.00 annual rate) Technical Rescue $0.90 Over Hourly Base Rate ($1,872.00 annual rate) Section 2. 23 2013 -2014 IAFF CITY Cr/ A. Effective October 1, 2013, each member of the bargaining unit shall receive a wage adjustment consistent with the increase in pay ranges identified in Section 1. B. Effective April 1, 2014, the wage adjustment of up to 5% will be frozen and will not be provided based on performance appraisal. Employees who reach and exceed the maximum salary cap shall receive no base -wage adjustment, and will not receive a lump sum payment equal to the amount they would receive based on the criteria included herein. Lump sum payments in accordance with this section shall be considered a salary disbursement included in W -2 holdings for the purpose of pension calculations. C. The table in Addendum "B" will be used as an administrative guide to wage adjustments and wage increases at annual evaluations and /or promotions through the ranks. Section 3. Any changes in the performance appraisal instrument will be made by the Labor Management Team. 24 2013 -2014 IAFF CITY ARTICLE 15 OVERTIME AND CALL BACK Section 1. CaII Back: Call back is defined as any time an employee is called into work when the employee is off duty, or when the work time is not contiguous with the employee's assigned shift. In the event of call back, the employee shall be paid for the actual time worked but not less than two (2) hours at a rate of pay one and one -half (1 1/2) times the employee's hourly rate inclusive of Certification Incentive Pay. The procedure for "Call- Back" will be in accordance with Labor /Management Team guidelines. The Chief can waive the above provisions if he/she believes the situation warrant. Section 2. Overtime: Overtime is defined as any time an employee is required to stay longer than his/her assigned 24 -hour shift by his/her supervisor. Overtime shall be paid at the rate of one and one -half (1 1/2) times the employee's hourly rate inclusive of Certification Incentive Pay. Employees who are in a duty status Tess than ten (10) minutes either before their shift or after their shift will not be eligible for overtime pay. Employees who are in duty status for ten (10) minutes or more either before their shift or after their shift must be so only with their supervisor's approval in order to be eligible for overtime pay at the overtime rate. Section 3. Employees who are renewing certificates, or who are attending classes not 25 2013 -2014 IAFF C-- CITY__9T___ required by the Chief or his/her designee, will not be compensated. Section 4. No employee covered by this collective bargaining agreement shall be eligible for overtime or call back following the use of more than 12 hours sick leave until they have returned to work for at least one full regular scheduled work day (24 hours for shift personnel or 10 hours for staff personnel). 26 2013 -2014 IAFF `tom" CITY Cr/ ARTICLE 16 EXCHANGE TIME Section 1. A. Employees covered by this Agreement may exchange their working shift or shifts and exchange their off -duty day or days with other employees. The shift officers of the employees who are exchanging time, shall not permit the exchange if it affects the normal operation of work, if call back is required, or if step -up pay is required. Exchange time shall require at least twenty -four (24) hours' notice to the Shift Commander except in the event of an emergency to the employee when the exchange of that employee does not affect the normal operation of that shift(s). B. Shift exchanges submitted prior to eight weeks (56 days) in advance will be tentatively approved. Upon 56 days in advance of the scheduled shift exchange, the exchange will automatically receive final approval unless the employee has been notified of a necessary cancellation. Any cancellation of a shift exchange will be in writing and received by the affected employee prior to the 56-day time frame. 27 2013 -2014 IAFF W CITY Section 2. For the purposes of this article, the ranks of Firefighter 1, Firefighter 2 and Firefighter 3 shall be referred to as "Firefighters "; and Lieutenants, Captains and Battalion Chiefs shall be referred to as "Officers ". Firefighters may only exchange time with other firefighters, the only exception being that Firefighter 3's may also exchange time with Lieutenants. Officers can exchange time with each other, as identified in departmental Standard Operating Guidelines. 28 2013 -2014 IAFF WL/ CITY_ ARTICLE 17 SICK LEAVE Section 1. Any employee incurring a non -duty sickness or disability shall receive sick leave with full pay provided the employee has accumulated hours. Employees covered under this Agreement shall be allowed twelve hours of sick leave per each month of service from their first day of employment, and shall continue to do so as long as they are employed. Unlimited accumulation of sick leave is authorized. Employees who have more than two hundred forty (240) hours of sick leave as of April 1 of the current year, may request to transfer, no later than April 1 up to one hundred (100) sick leave hours to vacation leave hours provided that accumulated sick hours shall not drop below 240 hours as a result of the transfer. Transfer of this time will be credited to the employee's vacation bank during the month of April. Section 2. Upon termination or retirement, unused sick leave shall be compensated at the rate of one -half (1/2) the total number of hours accumulated. Section 3. For every consecutive six -month period elapsing since the employee's last sick occurrence, shift employees shall receive 24 hours vacation time and 40 -hour employees shall receive 16 hours vacation time. 29 2013 -2014 IAFF l CITY Section 4. Employees covered under this Agreement will be required to provide a doctor's certificate which will include the date the employee was examined, the date he/she is medically cleared to return to work and under what restrictions the employee may return to regular and /or light duty if they are absent and take sick leave for more than two (2) continuous full shift days. Section 5. Sharino Sick Leave A. It shall be the policy of the City to permit an employee the opportunity of donating accrued sick leave time to a designated employee whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time, and when the employee has exhausted all accrued sick/vacation time. B. Extraordinary circumstances shall be defined as lengthy hospitalization, critical illness, or injury. C. When there appears to be a need to share sick leave in accordance with this Section, the Union Steward will prepare a list of bargaining unit members who are willing to contribute sick leave hours, confirmed through the Finance Department that the hours are available and submit the list to the Human Resources Office for 30 2013 -2014 IAFF \bir CITY proper charge to sick leave records. Time used will be used in the order listed on the appropriate form supplied by the Union Steward. D. Any donated sick time will not reflect as sick time taken by the employee; therefore, donated sick leave will not be counted against an employee's sick leave record. Section 6. Employees who call in sick, may retum to work during the remainder of their shift if they feel capable of performing their work duties. An employee who retums to work after calling in sick, must use a minimum increment of 12 hours of sick leave before they may return to work. Employees who leave work during shift due to illness must remain out for the remainder of the shift. Section 7. Light Duty. Employees may return to work with a Light Duty Certificate and /or a letter completed as set forth in Section 4 of this Article from their physician, provided there is work available within the Department, and that work would comply with the doctor's requirements. Availability of light duty assignments will be determined by the Fire Chief. Section 8. Permanent employees that have exhausted their accumulated sick leave and are still unable to return to work may draw against their annual leave account (vacation time). Such request must be made to the Fire Chief by the 31 2013 -2014 IAFF CITY employee, who in turn must notify the Human Resources Director on the appropriate form. Section 9. A. No more than five (5) working days, or forty (40) hours, whichever is greater, in any calendar year, may be taken for forty (40) hour employees, and two (2) shift days for shift employees, as sick leave because of illness within the immediate family. For the purpose of this Section, the "immediate family" shall consist of the employee's spouse, parents, children, or any family member residing with the employee for which the employee is the primary care giver. B. In the case of a prolonged, serious illness of the employee or an eligible family member, an employee should apply for FMLA as provided for in City policies. Employees requesting this family sick provision for other than the immediate family shall provide Administration with verifiable proof of primary care giver status prior to the use of this provision. 32 2013 -2014 IAFF CITY ARTICLE 18 COMPASSIONATE LEAVE Section 1. In the event of the death of a family member of an employee, the employee shall be granted one (1) shift day leave on a day of the employee's . choosing within two (2) weeks of the death. The employee shall be granted two (2) consecutive shift days leave on the days of the employee's choosing within two weeks of the death, if out of state travel for interment is required. "Family member" is defined as the employee's spouse, mother, father, stepfather, stepmother, foster parents, foster child, stepchild, mother -in -law, father -in -law, son -in -law, daughter -in -law, brother -in -law, sister -in -law, grandparents, spouse's grandparents, grandchildren, brother, sister, son or daughter. Verification of the death must be supplied to the City Human Resources Office. Section 2. Employees benefiting from this article are responsible for providing a verifiable written notice of death (i.e. obituary or copy of death certificate), to the fire department payroll clerk, within 30 business days of the last date of compassionate leave. Failure to do so will result in the rescission of previously paid leave, providing due process is followed with regard to disciplinary action. 33 2013 -2014 IAFF CITY ARTICLE 19 VACATION Section 1. The following plan outlines the vacation leave policy for both the 40 -hour employees and the Fire Rescue Department shift (48 -hour) employees. Vacations will be picked on a seniority basis and can be taken in increments of 12 or 24 hours, one shift at a time. Section 2. Each employee shall earn vacation leave, accumulated in hours, for each full year of continuous service as outlined below. Employees on initial one -year probation are not eligible to take vacation for the first six months. Vacation will be accrued in accordance with the following schedule: Vacation Accrual Policy (40 -hour work -week) Years of Service Vacation Days Vacation Hours DOE until First Anniversary 12 96 Beainnina of 2 near until Fourth Anniversary 15 120 Beainnina of 5"' year until Eiahth Anniversary 18 144 Beainnina of eyear until Eleventh Anniversary 20 160 Beainnina of 12 year until Fifteenth Anniversary 22 176 Beainnina of 16 year until Twentieth Anniversary 24 192 Beainnina of 21 year and thereafter 25 200 Vacation Accrual Policy (48 -hour work-week) Years of Service Vacation Days Vacation Hours DOE until First Anniversary 5 120 Beainnina of 2 year until Fourth Anniversary 6 144 Beainnina of 5`" vear until Eiahth Anniversary 7 168 Beainnina of 9 _year until Eleventh Anniversary 8 192 Beainnina of 12 year until Fifteenth Anniversary 9 216 Beainnina of 16"' year and after 10 240 34 2013 -2014 IAFF In computing vacation leave earned, no increments will accrue for any pay week that includes three or more days of leave of absence without pay. For uniformed members of the Fire Rescue Department no increments will accrue for any 21 day work schedule that includes four or more days of leave of absence without pay. Employees may accrue vacation leave to a maximum of the leave earned in the most recent two employment years, and, in addition, will include hours earned as referenced in Article 17, Sick Leave, Section 3. Section 3. For special "one time" kind of events, employees will be allowed to accumulate more than two years earned accrued vacation with the prior approval of the Chief. Such approval must be received at a time prior to the two (2) year maximum accrual that is equal to the extra accrual that is requested. Maximum accrual will be limited to three (3) years eamed vacation. Example: An employee may accrue 12 shift days in two years. The employee requests two additional days beyond the maximum. The employee must submit his/her request for the two additional days four months prior to his /her 12 -shift day maximum for approval to extend the 12 days to 14. Section 4. Personnel requesting vacation time on the same day will not be approved if the issuing of the vacation time results in call back. 35 2013 -2014 IAFF / CITY 9.V..' ARTICLE 20 PERSONAL TIME Section 1. Any employee covered by this Agreement shall be able to use his /her vacation time, or compensatory time at a minimum of two (2) hours and at a maximum of twelve (12) hours, providing that hours are not fractionalized for personal reasons while on duty. Section 2. This privilege shall be available only when such use will not be detrimental to the efficient/normal operation of the Fire Rescue Department as determined by the Chief or his/her designee. Section 3. Efficient/normal operating levels shall be determined by minimum staffing as determined by the Fire Chief. Section 4. Seniority will not be a factor in granting personal time. No grievance procedures will be available to any employee regarding this Section. 36 2013 -2014 IAFF CITY ARTICLE 21 HOLIDAYS Section 1. The following days shall be considered holidays: New Year's Day, Martin Luther King Jr. Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day and the Friday that follows Thanksgiving, Christmas Day and Christmas Eve. Any additional holidays declared by the City shall be added to the above list. Any employee covered by this Agreement, in pay status, at the time the holiday occurs, if assigned to a 24- hour shift, shall receive 12 -hours pay for each holiday. Forty -hour employees will follow the same holiday schedule as all non -shift employees. Section 2. If an employee covered by this Agreement wishes, the employee may receive the above (Section 1) holiday pay, (with the exception of Labor Day which will be paid as a regular holiday), at straight time in one lump sum on the last pay period in August of each year. The individual employee will sign and have in the Finance Department, the first week of the current contract, a form as follows: 37 2013 -2014 IAFF CITY_t' ANNUAL DEFERRED HOLIDAY PAY REQUEST CONTRACT YEAR 1 DO WANT MY HOLIDAY PAY DEFERRED SIGNATURE NOTE: Those who do want their holiday pay deferred, hereby authorize the City to withhold their 10 paid holidays, (Labor Day the exception), until the last pay period in August , with all proper withholdings taken out. They also understand that at no time during this period under any circumstances, except if no longer covered under the bargaining unit, will they be eligible to receive any deferred monies until the last pay period in August. I DO NOT WANT MY HOLIDAY PAY DEFERRED SIGNATURE PRINT NAME DATE DEADLINE: September 30 38 2013 -2014 IAFF____ CITY Newly hired employees to the Fire Rescue Department shall have one week from date of employment to sign up for the holiday pay option. The holiday pay will be based on the number of holidays remaining in the contract year. 39 2013 -2014 IAFF CITY ri ARTICLE 22 COURT TIME Section 1. Any employee covered by this Agreement who is summoned or subpoenaed to appear in a court of law, while off duty, as a result of his/her employment as a member of the Fire Rescue Department, will be paid for his/her court time at the rate of one and one -half (1 1/2) times his/her current hourly rate, excluding travel time, provided the Fire Chief is given prior notification so that the Chief has the opportunity to schedule such appearance during regular duty hours. The employee will receive a minimum of three (3) hours pay, and the employee shall return all fees received from the Court to the City. Should such summons or subpoena require the employee to appear on a day that they are on duty, then the pay of this Section shall be waived by the employee. Section 2. Any employee covered by this Agreement who is required by a court of law to appear for jury duty during a day when they are on duty, shall return all fees received from the court to the City, excluding travel expenses. The employee shall notify the Fire Chief upon receipt of a summons for jury duty. Section 3. An employee who has been instructed to remain on standby for court appearance purposes during the employee's off -duty hours shall be paid one -half the straight time hourly rate for each hour on standby up to a maximum 40 2013 -2014 IAFF 4-' CITY of eight (8) hours of standby duty in any one day. A minimum payment of one (1) hour straight time shall be paid for all standby assignments. When an_employee is required to standby for eight (8) hours, the employee shall receive four (4) hours plus one (1) additional hour at straight time. If an employee does go to court he will be paid for the court time indicated in Section 1 and not receive any standby time pay. 41 2013 -2014 IAFF_ V CITY ARTICLE 23 WORKING OUT OF CLASSIFICATION Section 1. Any employee covered by this Agreement, who is assigned the duties and /or responsibilities of a range above his/her current classification in the absence of their direct supervisor, shall be compensated for holding that higher position at a rate of pay equivalent to five percent (5 %) for each rank worked out of class, except when assigned as a Lieutenant in which case the FF3 shall be compensated for holding that higher position at a rate of pay equivalent to eight percent (8 %). When assigned, the employee shall accept the duties and responsibilities of the position. The internal ranking of Fire Fighter 1, 2, and 3 shall be considered as one classification (Fire Fighter) only for purposes of this Article. Section 2. Higher classification assignment shall, with the Chief's discretion as to ability, be made on a rotating basis in order to afford all employees an equal opportunity to gain experience in the next higher position. The Chief, or designee shall make official notification to the acting party. This notification shall be logged as part of daily permanent records. Section 3. Assignments will not be changed so as to intentionally avoid payment. 42 2013 -2014 IAFF__ _ CITY ARTICLE 24 EDUCATION Section 1. All employees covered by this Agreement shall be permitted to attend schools or classes while on duty, using personal time as defined in Article 20, for the purpose of obtaining the education required for advancement or the updating of skills and knowledge, provided that such leave will not reduce the manpower of any shift below acceptable limits or result in overtime, as determined by the Shift Commander. Such leave will be on a rotating basis. Section 2. The City shall pay, upon completion of classes, in accordance with the Boynton Beach Fire Rescue Department Tuition Refund Program, attached as Addendum "C ". The provisions of this article and addendum that relate to reimbursement for General Education Core Courses and Degree Program Core Courses other than those specified in the Career Ladder (Addendum MD ") have been suspended since 10/01/2011. Section 3. The City shall provide an opportunity for sending members of the Fire Rescue Department covered by this Agreement, not to exceed funds established in the City budget, to approved out -of -town training classes. A list of classes shall be posted so each employee will have the opportunity to request the class or classes of his/her choice. Those attending shall be entitled to travel 43 2013 -2014 IAFF CITY pay in accordance with City policy. Section 4. Employees will be allowed to use on -duty time, without Toss of vacation time, for classes necessary to remain certified in their current classification, or for classes required by the City. 44 2013 -2014 IAFF__ _ CITY ARTICLE 25 EDUCATIONAL SUPPLEMENTAL COMPENSATION Section 1. Fire Rescue Department Employees covered by this Agreement will be eligible for a monthly education incentive payment not to exceed the supplemental compensation limits set forth in applicable Florida Statute, FSS 633.382, as amended from time to time, and the corresponding regulations in the Florida Administrative Code. Section 2. The City will match the incentive payment as provided in Section 1. Section 3. In the event that the incentive payment, as referenced in Section 1, is discontinued or adjusted for any reason, the City's contribution will not change and will remain consistent with the amount provided on 10/01/2013, throughout the term of this contract. 45 2013 -2014 IAFF '7 CITY ARTICLE 26 PARAMEDIC /SPECIALTY TEAM ASSIGNMENT PAY Section 1. A. Employees holding a valid and current Paramedic certificate in accordance with the Florida Statutes and who perform active Paramedic duties as assigned by the Fire Chief and Medical Director will receive $9360.00 per year. This amount will equate to an hourly rate of $3.75 per hour ($4.50 per hour for 40 -hour employees), over and above the base rate of pay, which will not be included in the employees maximum. This assignment pay shall be considered a salary disbursement included in W -2 holdings for the purpose of pension calculations. B. An employee holding a valid and current Paramedic certificate in accordance with Florida Statutes who could perform the duties as assigned by the Fire Chief and the Medical Director, but who is inactivated, either by choice or administrative direction, as an active Paramedic and is not on assignment as a Paramedic by the Fire Chief, will no longer receive the annual Paramedic incentive pay as noted in Section 1 (A). 46 2013 -2014 IAFF_!I CITY scr- Section 2. A. Employees selected to serve on the Special Operations (SPOPS) Team, inclusive of the Dive Rescue Team members, in accordance with criteria set forth by the Department and who perform SPOPS and Dive Rescue duties as assigned by the Fire Chief will receive $1,872.00 per year. This amount equates to an hourly rate of $0.75 per hour $0.90 per hour for 40 -hour employees) over and above the base rate of pay, which will not be included in the employees maximum. This assignment pay shall be considered a salary disbursement included in W -2 holdings for the purpose of pension calculations. B. Employees who receive an unsatisfactory evaluation will be removed from the SPOPS and /or Dive Rescue Team until their evaluation is satisfactory or above. C. An employee who is serving as an active member of the SPOPS and Dive Rescue Team, but who is inactivated, either by choice or administrative direction, as an active member of the SPOPS Team 47 2013 -2014 IAFF � CITY Cr and is not on assignment as a team member will no longer receive the incentive as noted in Section 2A. 48 2013 -2014 IAFF !Xi' CITY ARTICLE 27 LICENSES & REGISTRATION FEES The City shall pay the fee for any license required by the State or City, such as EMT renewals or certificates. In the event of any changes required by law regarding driver's license requirements for firefighters, the City shall pay the initial fee only for such license changes. All subsequent renewal of such license fee shall be the responsibility of the employee. 49 2013 -2014 IAFF CITY ARTICLE 28 SENIORITY LIST Section 1. The Fire Rescue Department shall establish a seniority list and it shall be updated on January 1st of each year. Such list shall be posted thereafter on the bulletin board at each Fire Station, and shall be considered correct unless objection is raised within thirty days of the posting. After thirty days, it shall stand approved, unless documented evidence is presented to justify changes or adjustments. Section 2. Employee's seniority is established from the date of approval for employment by the City of Boynton Beach Fire Rescue Department. If two or more members are employed on the same date the seniority standing shall be determined by the original entrance test score for the Fire Rescue Department, the higher score placed higher on the list. If the test scores are the same, the date of application for employment with the Fire Rescue Department will determine the seniority status, the earlier date being placed higher on the list. Section 3. Layoffs and staffing cutbacks for collective bargaining agreement members shall be determined by the seniority list. The collective bargaining agreement member with the highest fire department employee number on the seniority list will be laid off first and so on up the list. In the event of layoffs and /or 50 2013 -2014 IAFF \>Y CITY cutbacks, the City agrees to notify the union president in writing, no later than two (2) weeks prior to said action. Employees who are laid -off shall have recall rights for a period of twelve (12) months and shall be recalled in the reverse order in which they are laid -off, i.e., last laid -off will be first recalled. No new employees will be hired into any classification covered by this collective bargaining agreement while a laid -off employee has recall rights. 51 2013 -2014 IAFF_ CITY r ARTICLE 29 VACANCIES AND PROMOTIONS Section 1. Budgeted promotional vacancies occurring in any position within the certified bargaining unit will be filled in the following manner: 1. Posting of the vacancy; 2. Acceptance of applications; 3. Scheduling of promotional examination; 4. Establishment of an eligibility list; 5. Interview and Selection. Any such vacancy shall be offered within thirty (30) days of the establishment of the appropriate eligibility list. Section 2. Minimum requirements for promotional opportunities and the promotional process are as outlined in the "Career Ladder' (Addendum "D"). Any changes to this Career Ladder will be made by the Labor Management Team. 52 2013 -2014 IAFF / CITY ARTICLE 30 BULLETIN BOARDS The City shall furnish at each fire station space for bulletin boards for the purpose of Union notices. Any notice or item placed on the bulletin board shall bear on its face the legible designation of the person responsible for placing such notice or item on the board. A 3' x 4' space is hereby approved. The Union is to supply the bulletin boards. 53 2013 -2014 IAFF_ _ CITY 1?7-- ARTICLE 31 NOTIFICATION AND DISTRIBUTION Section 1. The Union Secretary's name shall be placed on a routing slip to receive copies of the agendas and minutes of all regular and special meetings of the City Commission. Section 2. The Union will be provided with a copy of departmental Rules and Regulations and Standard Operating Guidelines, and will be provided with updates as they become available. 54 2013 -2014 IAFF_ `_ _ CITY ARTICLE 32 GRIEVANCE PROCEDURE Section 1. Grievances or disputes that may arise, including the interpretation of this Agreement, shall be settled in the following manner: A. "Business days" are defined as Monday through Friday, 8:00 A.M. - 5:00 P.M., excluding City holidays. Step 1. The aggrieved employee shall within ten (10) business days of the occurrence which gave rise to the grievance, submit a letter and signed petition to the Union Grievance Committee, which is made up of the Union Executive Board. The Union Grievance Committee shall determine if a grievance exists. If in its opinion no grievance exists, no further action is necessary. Step 2. If a grievance does exist, the Committee shall within twenty (20) business days of the event giving rise to the grievance, with the physical presence of the aggrieved employee, present the grievance to the Chief or his designee for adjustment. Step 3. If the grievance has not been settled within ten (10) business days from the date of submission to the Chief or his designee, the grievance may then be submitted to the City Manager for adjustment. The City Manager, prior to making a decision on the grievance, may conduct a predetermination conference 55 2013 -2014 IAFF_ CITY Tr' and require the grievant to submit to an inquiry regarding the substance of the grievance. The City Manager may be assisted by the City Attomey. The grievant may be assisted by a union representative or counsel of his/her choice. The inquiry by the City Manager may be tape- recorded. In the case of grievances involving disciplinary action, all matters in defense or in mitigation of the proposed disciplinary action shall be raised by the grievant. Step 4. If the grievance has not been settled by the City Manager within ten (10) business days from the date of the predetermination conference, the grievance may then be submitted to arbitration. Step 5. If the grievance has not been satisfactorily resolved within the above procedure, the Union may request a review by an impartial arbitrator, provided such request is filed in writing with the City Manager no later than ten (10) business days after the City Manager's response is due in Step 4. The parties will attempt to mutually agree upon an arbitrator. If this cannot be done within fifteen (15) business days, an arbitrator from a list provided by the Federal Mediation and Conciliation Service shall be used. The parties agree to accept the Arbitrator's award as final and binding upon them, subject to the following: The arbitrator shall have jurisdiction and authority to decide a grievance as defined in this Agreement. The arbitrator shall have no authority to add to, 56 2013 -2014 IAFF \IIV CITY subtract from, modify or alter this Agreement or any part thereof or any amendment thereto. It is contemplated that the City and the Union shall mutually agree in writing as to the statement of the matter to be arbitrated prior to the hearing, and if this is done, the arbitrator shall confine his/her decision to the particular matter thus specified. In the event of the failure of the parties to so agree on a statement of the issue to be submitted, the arbitrator will confine his/her consideration to the written statement of the grievance presented in Step 3 of the Grievance Procedure. Each party shall bear the expense of its witnesses and of its own representatives. The parties shall bear equally the expense of the arbitrator. The party desiring a transcript of the hearing will bear the cost. Copies of the arbitrator's award shall be furnished to both parties within thirty (30) days of the hearing. Section 2. The Union reserves the right to represent or not represent employees who are not members of the Union, as provided by law. Section 3. This article is intended to provide for "rights" arbitration, i.e., resolution of disputes which impact upon or affect wages, hours and terms and conditions of employment. This article is not intended to provide for "interest" arbitration. 57 2013 -2014 IAFF \ Qi' CITY ARTICLE 33 PREVAILING RIGHTS All job rights and benefits heretofore authorized or permitted by the City Manager or Fire Chief and continuously enjoyed by employees covered by this Agreement and not specifically provided for or abridged by this Agreement shall continue in full force and effect for the term of this Agreement. Except as specifically provided in this Agreement, this Agreement should not be construed to deprive any employee of benefits or protection granted by the Laws of the State of Florida or Ordinances and Resolutions of the City of Boynton Beach in effect at the time of the execution of this Agreement. Provided, however, nothing in this Agreement shall obligate the City to continue practices or methods which are unlawful or unsafe. 58 2013 -2014 IAFF_ /_ _ CITY_9tL ARTICLE 34 SAVINGS CLAUSE If any provision of this Agreement, or the application of such provision, should be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining provisions of this Agreement shall remain in full force and effect. 59 2013 -2014 IAFF_ CITY C6fr ARTICLE 35 APPENDICES, AMENDMENTS AND ADDITIONS All appendices, amendments and additions to this Agreement shall be numbered or lettered, dated and signed by the responsible parties, and shall be subject to all other provisions of this Agreement. 60 2013 -2014 IAFF_/ CITY ARTICLE 36 SUCCESSORS This Agreement shall be binding upon the successors and assigns of the parties hereto, and no provisions, terms, or obligations herein contained shall be affected, modified, altered or changed in any respect whatsoever by any change of any kind in the ownership or management of either party hereto. 61 2013 -2014 IAFF_____ CITY ARTICLE 37 COMPENSATORY TIME Section 1, Employees who participate in required educational and/or required training activities as approved by the Fire Chief or designee who are unable to attend those classes "on shift" due to scheduling difficulties, and take those classes and /or training on their off duty time, shall be eligible to receive compensatory time. Additional compensatory time can be granted for persons approved for special projects and events as directed by the Fire Chief or designee. All compensatory time will be earned at the rate of time and one half, with a cap of one hundred twenty (120) hours. When an employee earns compensatory time his/her account will be credited with the appropriate time in'/ hour increments. If an employee's compensatory time bank balance falls between ninety six (96) and one hundred twenty (120) hours, that employee will no longer be eligible to eam compensatory time (they will only be eligible to earn overtime pay) until the balance falls below ninety six (96) hours. Section 2. During the implementation for this contract year, all compensatory time eamed through July 1, 2014 through September 30, 2014 must be used by September 30, 2014 or the employee will be paid any remaining balance of his/her unused compensatory time in the first full two (2) week paycheck in October. 62 2013 -2014 IAFF__ _ _ CITY__?F_ ARTICLE 38 MANAGEMENT RIGHTS Section 1. The Union and the bargaining unit employees recognize and agree_that the City has the exclusive right to manage and direct the various departments of the City. Accordingly, the powers and authority which the City has not specifically abridged, delegated, or modified by the express provisions of this Agreement are retained by the City. Therefore, the City specifically, but not by way of limitation, reserves the exclusive right to determine the mission of the City and its various departments, divisions and other units of organization. The City specifically reserves the sole and exclusive right(s) to decide the scope and method of service; to hire and /or otherwise determine the criteria and standards of selection for employment; and to fire, demote, suspend, or otherwise discipline for just cause. Any right or privilege of the City not specifically relinquished by the City in this Agreement shall remain with the City. Section 2. The City Commission has the sole authority to determine the purpose and mission of the City and the amount of budget to be adopted. Section 3. If at the discretion of the City Manager, it is determined that civil emergency conditions exist, i.e., riot, civil disorder or natural disaster, the provisions of this Agreement may be suspended for good cause by the City Manager during the time of such emergency, provided that the Union is notified as soon as is practical and further provided that wage rates 63 2013 -2014 IAFF W-- CITY and monetary fringe benefits shall not be suspended. Section 4. The Union and the City Jointly recognize the need to perform the highest quality and level of fire rescue services for the citizens of, and visitors to, Boynton Beach in the most efficient manner possible, and hereby agree, in the best interest of both, that the employees of the Fire Rescue Department will be best served by attaining maximum efficiency and productivity. Therefore, the parties hereto agree to use their best efforts to create and maintain an atmosphere in which every employee's efforts are aimed toward these objectives and will cooperate to these ends. 64 2013 -2014 IAFF Niv CITY ARTICLE 39 SUPPLEMENTAL RETIREMENT INSURANCE Section 1. Establishment of the Boynton Beach Firefighters Retirement Insurance Fund Local 1891 shall establish its own retiree insurance benefit fund (hereinafter referred to as "the Fund ") to provide full or partial health and welfare insurance premiums on behalf of employees of Boynton Beach Fire Rescue (The Department) who retire on or after October 1, 2005, and meet certain other established eligibility requirements. Any and all eligibility requirements and benefits provided will be determined solely by the board of Trustees of the Boynton Beach Firefighters Retirement Insurance Fund. All employees covered by this agreement shall be eligible to participate in the Fund as are non - covered members who participate in the Firefighter's Pension Plan. Section 2. City Contribution of Funds 2010. Effective October 1, 2010, the City will increase on behalf of each employee, a contribution equal to one -half (0.5 %) percent of the current gross annual payroll of active department members (for an accumulative total of 3.0% per year). The base pay rate is set forth in the Collective Bargaining Agreement between Local 1891 and the City of Boynton Beach and in the Boynton Beach Pay Plan at the time the contribution is made. Section 3. In subsequent years, throughout the term of this contract, the City will contribute an amount derived from the cumulative amount not paid to employees from the inception of the 65 2013 -2014 IAFF CITY ?yr- Fund on October 1, 2005. Section 4. Annual Payment of Funds In subsequent years, the annual contribution, an amount derived from the cumulative amount not paid to employee's shall be remitted to the Fund by October 15, and every October 15 thereafter, provided that the department has received a written invoice for said benefits. Failure to submit a written invoice shall not bar the Union from receipt of said funds, but shall allow the City thirty (30) days to provide the funds, which shall be retroactive. The City shall pay the annual contribution on behalf of each employee in pay status on October 1 2013, and every October 1, thereafter. Accompanying the contribution, the City shall provide a list of all department members for whom payment was made. Section 5. Termination of Fund It is understood and agreed that the contribution to the Fund, as provided in this article, was negotiated and agreed to by the parties in lieu of a wage increase, and is intended to survive as long as Local 1891 is certified as the Bargaining Representative of employees employed by the Department. In the event of termination of Fund, the wage increase specified in this article shall be added to each employee's then current base annual pay, as such base pay rate is set forth in the Collective Bargaining Agreement and the City of Boynton Beach Pay Plan at the time of termination of the Fund. 66 2013 I A F F \V[/ CITY Section 6. Indemnification The Union shall indemnify, and hold the City harmless against any claim, demand, suit, or liability, and for all legal costs arising in relation to the implementation, or administration, of the Fund, except to the extent that the City's acts or omissions give rise to its own liability. 67 2013 -2014 IAFF___ _ _ CITY ?)k"'1..' ARTICLE 40 COLLATERAL DOCUMENTS A. The collective bargaining agreement does not exist in a void. Provisions of the Personnel Policy Manual (PPM), the Administrative Policy Manual (APM), Department Rules and Regulations, and other policies established by resolution or ordinance (collectively referred to as collateral documents), may be applicable to bargaining unit members unless the terms of said collateral documents conflict with the terms of a specified article in this agreement, in which case the terms of this Agreement shall prevail. Specific applicable collateral documents will be discussed and approved by the Labor Management Team. B. The City will provide draft revisions of collateral documents to the union for review to ensure that said documents are not in conflict with, and do not impact policies relied upon by the union and absent in this agreement. C. Nothing herein shall be interpreted to preclude the right of the Union or City to impact bargain, subject to applicable law. 68 2013 -2014 IAFF CITY ARTICLE 41 DURATION This Agreement shall be in force and effect from October 1, 2013 through September 30, 2014. Either party can provide notification to the other, no later than February 1, 2014, expressing a desire to negotiate a new agreement. Upon receipt of such notification the parties shall arrange to meet, no later than March 1, 2014, and promptly and regularly thereafter, for the purpose of negotiating a new contract, and only those items included in the notices shall be subject to negotiation. If all issues are not resolved by September 30, 2014, this Agreement shall remain in force and effect until all issues have been resolved in accordance with Chapter 447, Part II, Florida Statutes, as amended from time to time, provided that all monetary benefits are subject to appropriation by the City Commission. 69 2013 -2014 IAFF__ CITY 0a-. Agreed to this r • day of 0 C d , 2013, by and between the respective parties through the authorized representatives of the Union and the City. BOYNTON BEACH FIGHTERS AND PARAMEDICS, IAFF, LOCAL 1891: itness President 7 _51/1 4 .r, , / Witness _ S cretary )11-1-e-t CITY OF BOYNTON BEACH BY: . ' itness yor / Witness ow Al ,ri y I- k --,!' etc rxf Approved as to Form and Correctness: 1LJLJ Ci anager City Attorney GAT Y O, r 70 <n � T° N 2013 -2014 IAFF f CITY 3,- UNION CONTRACT — ADDENDUM "A" POST ACCIDENT DRUG AND ALCOHOL TESTING POLICY Post Accident Testing. If a bargaining unit member is involved in an accident in which the member was driving a City owned vehicle, and any one of the following occurs: an individual dies, an individual suffers a bodily injury and immediately receives medical treatment away from the scene of an accident, one or more vehicles incurs disabling damage as the result of the occurrence and is transported away from the scene by a tow truck or other vehicle and under any circumstances when the bargaining unit member is issued a traffic citation. Disabling damage means damage that precludes departure of any vehicle from the scene of the occurrence in its usual manner. Disabling damages includes damage to vehicles that could have been operated but would have been further damaged if so operated. Disabling damage does not include damage that could be remedied temporarily at the scene of the occurrence without special tools or parts; a flat tire with no spare available, minor scrapes/scratches to the exterior of the vehicle; or damage or headlights, taillights, turn signals, horns or windshield wipers that make them inoperative. An order to submit to post accident testing can be made by a Battalion Chief (Shift Commander) or any chief officer within the division. Any bargaining unit member ordered for a 71 2013 -2014 IAFF '- CITY1F__ post accident drug test may, at the member's option be accompanied to the testing by a Union Representative. The Union Representative shall act as a quiet observer to the testing procedure and shall not interfere with the testing procedures or direct questions or comments to the testing personnel. Refusal to submit to an order for post accident drug testing, or intentionally delaying a post accident drug test can result in termination, however, nothing herein shall abrogate a bargaining unit member's right to challenge the results of the drug test. Accident Drug and Alcohol Testing Procedure Employee or supervisor will contact Risk Management to report the incident as outlined in APM 12.01.02. Notification will include identification of employee as driver in a motor vehicle accident requiring drug and alcohol testing. Supervisor and employee will proceed to primary or altemate collection site for mandatory testing, following initial medical evaluation and treatment for any injuries sustained. Primary collection site for drug and alcohol testing is: U.S. Healthworks 1786 NW 2" Avenue Boca Raton FL 33432 Phone: 561- 368 -6920 Hours of Operation: 8:00 A.M. - 6:00 P.M., Mon. through Fri. 72 2013 -2014 IAFF iY/ CITY C?"--', 8:00 A.M. - 12:00 P.M. Noon Saturday Laboratory performing testing is: Clinical Reference Laboratory, Lenexa, Kansas Medical Review Officer is: Donald Bucklin, MD 2111 East Highland, #B245 Phoenix, AZ 85016 Phone: 1- 800 -340 -3810 After Hours post- accident testing is done on -site by contacting Mobile Drug Testing Experts of FL, Inc. at 1 -877- 256 -4021. If a motor vehicle accident occurs, and injuries are sustained, when neither primary nor alternate site is available, the employee and supervisor will make an appointment and report to the primary or alternate side as soon as the site is open or available, following medical evaluation and treatment for injuries sustained. Failure to report for mandatory testing may result in Toss or reduction in workers' compensation benefits and disciplinary action. The designated doctors, labs, MRO and collection sites may change from time to time. The Risk Management Department will notify the Fire Rescue Department of possible new contacts. The Fire Rescue Department Labor Management Team will approve any changes in designated doctors, labs, MRO's, and collection sites. Changes will be 73 2013 -2014 IAFF CITY ?)0-'' added to this procedure in Addendum "A" of the Union Contract. 74 2013 - 2014 IAFF tC/ CITY Cr ADDENDUM 'B' WAGES - STEP PLAN 10/01/2010 Annually Hourly 10/01/2013 Annually Hourly FF Prob. 39951.96 FF Prob. step 1 $ 40,55124 $16.2465 step 1 $41,767.78 $16.7339 1.5000% $5992794 10/01/2010 Annually Hourly 10/01/2013 Annually Hourly FF1 FF1 step 1 $ 42,578.80 $17.0588 step 1 $43,856.16 $17.5706 step 2 $ 44,707.74 $17.9118 step 2 $46,048.97 $18.4492 step 3 $ 46,943.13 $18.8073 step 3 $48,351.42 $19.3715 step 4 $ 49,290.28 $19.7477 step 4 $50,768.99 $20.3401 step 5 $ 51,754.80 $20.7351 step 5 $53,307.44 $21.3572 step 6 $ 54,342.54 $21.7719 step 6 $55,972.82 $22.4251 step 7 $ 57,059.67 $22.8604 step 7 $58,771.46 $23.5462 step 8 $ 59,912.65 $24.0035 step 8 $61,710.03 $24.7236 step 9 $ 62,908.28 $25.2036 step 9 $64,795.53 $25.9597 step 10 $ 66,053.70 $26.4638 step 10 $68,035.31 $272577 10/01/2010 Annually Hourly 10/01/2013 Annually Hourly FF2 FF2 step 1 $ 44,707.74 $17.9118 step 1 $46,048.97 $18.4492 step 2 $ 46,943.13 $18.8073 step 2 $48,351.42 $19.3715 step 3 $ 49,290.28 $19.7477 step 3 $50,768.99 $20.3401 step 4 $ 51,754.80 $20.7351 step 4 $53,307.44 $21.3572 step 5 $ 54,342.54 621.7719 step 5 $55,972.82 $22.4251 step 6 $ 57,059.67 $22.8604 step 6 $58,771.46 $23.5462 step 7 $ 59,912.65 $24.0035 step 7 $61,710.03 $24.7236 step 8 $ 62,90828 $25.2036 step 8 $64,795.53 $25.9597 step 9 $ 66,053.70 $26.4638 step 9 $68,035.31 $272577 step 10 $ 69,356.38 $27.7870 step 10 $71,437.07 $28.6206 10/01/2010 Annually Hourly 10/01/2013 Annually Hourly FF3 FF3 step 1 $ 46,943.13 $18.8073 step 1 $48,351.42 $19.3715 step 2 $ 49,290.28 $19.7477 step 2 $50,768.99 $20.3401 step 3 $ 51,754.80 $20.7351 step 3 $53,307.44 $21.3572 75 2013 -2014 IAFF )i(l/ CITY 90..' step 4 $ 54,342.54 $21.7719 step 4 $55,972.82 $22.4251 step 5 $ 57,059.67 $22.8604 step 5 $58,771.46 $23.5462 step 6 $ 59,912.65 $24.0035 step 6 $61,710.03 $24.7236 step 7 $ 62,908.28 $25.2036 step 7 $64,795.53 $25.9597 step 8 $ 66,053.70 $26.4638 step 8 $68,035.31 $27.2577 step 9 $ 69,356.38 $27.7870 step 9 $71,437.07 $28.6206 step 10 $ 72,824.20 $29.1764 step 10 $75,008.93 $30.0517 10/01/2010 Annually Hourly 10/01/2013 Annually Hourly LT LT step 1 $ 50,876.96 $20.3834 step 1 $52,403.27 $20.9949 step 2 $ 53,420.81 $21.4026 step 2 $55,023.43 $22.0447 step 3 $ 56,091.85 $22.4727 step 3 $57,774.61 $23.1469 step 4 $ 58,896.44 $23.5963 step 4 660,663.33 $24.3042 step 5 $ 61,841.27 $24.7761 step 5 663,696.51 $25.5194 step 6 $ 64,933.33 $26.0150 step 6 $66,881.33 $26.7955 step 7 $ 68,180.00 $27.3157 step 7 $70,225.40 $28.1352 step 8 $ 71,589.00 $28.6815 step 8 $73,736.67 $29.5419 step 9 $ 75,168.45 $30.1156 step 9 $77,423.50 $31.0191 step 10 $ 78,926.87 $31.6213 step 10 $81,294.68 $32.5699 step 11 $ 82,873.21 $33.2024 step 11 $85,359.41 $34.1985 step 12 $ 87,016.87 $34.8625 step 12 $89,627.38 $35.9084 10/01/2010 Annually Hourly 10/01/2013 Annually Hourly Capt. Capt. step 1 $ 53,420.81 $21.4026 step 1 $55,023.43 $22.0447 step 2 $ 56,091.85 $22.4727 step 2 $57,774.61 $23.1469 step 3 $ 58,896.44 $23.5963 step 3 $60,663.33 $24.3042 step 4 $ 61,84127 $24.7761 step 4 $63,696.51 $25.5194 step 5 $ 64,933.33 $26.0150 step 5 $66,881.33 $26.7955 step 6 $ 68,180.00 $27.3157 step 6 $70,225.40 $28.1352 step 7 $ 71,589.00 $28.6815 step 7 $73,736.67 $29.5419 step 8 $ 75,168.45 630.1156 step 8 $77,423.50 $31.0191 step 9 $ 78,926.87 $31.6213 step 9 $81,294.68 $32.5699 step 10 $ 82,873.21 $33.2024 step 10 $85,359.41 $34.1985 step 11 $ 87,016.87 $34.8625 step 11 $89,627.38 $35.9084 step 12 $ 91,367.72 $36.6057 step 12 $94,108.75 $37.7039 76 2013 -2014 IAFF CITY 10/01/2010 Annually Hourly 10/01/2013 Annually Hourly B/C B/C step 1 $ 56,091.85 $22.4727 step 1 857,774.61 $23.1469 step 2 $ 58,896.44 $23.5963 step 2 $60,663.33 $24.3042 step 3 $ 61,841.27 $24.7761 step 3 $63,696.51 $25.5194 step 4 $ 64,933.33 $26.0150 step 4 $66,881.33 826.7955 step 5 $ 68,180.00 $27.3157 step 5 $70,225.40 $28.1352 step 6 $ 71,589.00 $28.6815 step 6 $73,736.67 $29.5419 step 7 $ 75,168.45 $30.1156 step 7 $77,423.50 $31.0191 step 8 $ 78,926.87 $31.6213 step 8 $81,294.68 $32.5699 step 9 $ 82,873.21 $33.2024 step 9 $85,359.41 $34.1985 step 10 $ 87,016.87 $34.8625 step 10 $89,627.38 $35.9084 step 11 $ 91 ,367.72 $36.6057 step 11 $94,108.75 $37.7039 step 12 $ 95,936.10 $38.4359 step 12 $98,814.18 $39.5890 77 2013 -2014 IAFF Vt/ CITY UNION CONTRACT — ADDENDUM "C" BOYNTON BEACH FIRE - RESCUE DEPARTMENT TUITION REFUND PROGRAM In order to assist employees who wish to attain additional training or education, the City of Boynton Beach Fire- Rescue Department hereby establishes a Tuition Refund Program that reimburses employees a percentage of tuition and textbook costs at an accredited institution, as approved by the U.S. Department of Education, Office of Postsecondary Education. In order to be eligible for the Tuition Refund Program, an employee must be a full -time career status employee with at least one (1) year of employment prior to the starting date of the class. The employee must submit a tuition refund application at least ten (10) calendar days prior to the initiation of the class in order for reimbursement to be considered. Applications should be submitted to the Deputy Chief The applications will be reviewed by the Deputy Chief to determine whether the course work is eligible. Under the guidelines of the Tuition Refund Program, employees may take two (2) English courses, two (2) Humanities, two (2) Social Science, and one (1) Math, as part of a General Educational Program. Additional course work will be evaluated in terms of the specific course and the individual's specific job assignments. Applicants for tuition refund should explain the connection between the course work and their job assignments. In order to assist employees to attain degrees, the Deputy Chief will review specific degree goals and determine 78 2013 -2014 IAFF_A CITY__ whether the degree is in a Fire, EMS, or Administrative related field accepted by the Bureau of Fire Standards and Training (ref: F.S.S. 633.382, as amended from time to time). If the degree program is approved, specified required courses in the degree program will be eligible for tuition reimbursement. This permits employees to plan their educational program. Employees should be encouraged to apply as far in advance as possible for course work so that they can be informed of their eligibility. if an employee feels that the Deputy Chief has made an error in their determination, he /she may ask the Fire Chief to reconsider the decision by supplying additional information as to the direct applicability of the classes to the employee's current position. The Fire Chief will then reconsider the original application with the further information. The Fire Chief's decision is final. Any decision relating to this program is not subject to the grievance procedure. When an employee completes the approved course work, it is their responsibility to submit copies of the grades and the tuition receipt to the Deputy Chief. The reimbursement procedure will consist of the following: 100% reimbursement when a grade of "A" or "B" is eamed, and 50% reimbursement when a grade of "CA is earned, plus the cost of the textbooks (workbooks not included) used for the course(s), providing a receipt is provided and the textbook is in re- usable condition. If the institution only gives credit or no credit, a credit grade will be accepted as satisfactory completion and equal to a grade of "A ". It takes approximately two (2) to four (4) weeks from the Fire - Rescue Department receipt of the grades and tuition 79 2013 -2014 IAFF CITY_W__ receipts before a separate check is prepared and given to the employee. Employees receiving aid, or who have a scholarship, as well as employees qualifying for benefits under the G.I. Bill or other State or Federal programs, are eligible for municipal reimbursement of only the difference (if any) between what they receive from these other sources and what is eligible for reimbursement under this program. The maximum amount of credit hours eligible for payment in a semester is twelve (12) semester hours or fifteen (15) quarter hours. In the case of employee enrollment in a private college or university, the City will pay only an amount equivalent to the current tuition charged by the State (public) colleges and universities. The provisions of this article and addendum that relate to reimbursement for General Education Core Courses and Degree Program Core Courses other than those specified in the Career Ladder (Addendum "D ") have been suspended since 10/01/2011. EMPLOYMENT OBLIGATION: An employee will be expected to remain with the City of Boynton Beach Fire - Rescue Department for at least one (1) year following completion of courses for which he/she has received a refund. If the employee resigns, retires, or terminates within the one (1) year period, he/she shall reimburse the City for tuition refund benefits applicable to courses completed during this period. Reimbursements shall be payroll deducted from the employee's final paycheck. 80 2013 -2014 IAFF � �140-' CITY TUITION REFUND PROGRAM PROGRAM RULES BOYNTON BEACH FIRE- RESCUE DEPARTMENT OBJECTIVE: To improve service to the public by promoting a program encouraging Fire - Rescue employees to obtain additional training and education, which may improve their effectiveness, improve their performance in their current position, and prepare them for increased responsibility. BENEFITS: Employees whose applications are approved will be entitled to a refund of tuition and textbook costs upon successful completion of each approved course. The reimbursement will be 100% for a grade of "A" or "B ", 50% when a "C" is obtained, plus the cost of the textbooks (workbooks not included) used for the course(s), providing a receipt is provided and the textbook is in re- usable condition.. If the institute only gives credit or no credit, a credit grade will be accepted as satisfactory completion and equal to a grade of "A ". ELIGIBILITY: All full -time employees of the City who by the starting date of class, have completed one (1) year of service and have received a "Satisfactory" or better Employee Performance Evaluation prior to the beginning of the course work are eligible to apply. Guidelines for establishing course work are as follows: (a) All basic core courses as required by the college will be approved for all eligible 81 2013 -2014 IAFF_ _ CITY employees. (b) Life experience credit will not be approved for tuition refund. (c) Degree programs, which relate directly to the employee's current position, will be approved. Once degree approval is granted, all courses specifically required will be approved. (d) For those employees who have been approved for a degree program, all general educational courses specifically required by the school will be approved. (e) All other course work will be considered on a course -by- course determination. Employees receiving financial aid or a scholarship, as well as employees Qualifying for benefits under the G.I. Bill or other State or Federal Programs are eligible for reimbursement under this program. The maximum amount of credit hours eligible for payment in a semester is twelve (12) semester hours or fifteen (15) quarter hours. The City will pay an amount equivalent to the current tuition charged by the State (public) colleges and universities. The rater's overall evaluation on the Employee Performance Evaluation conducted immediately preceding the beginning of classes must be °Satisfactory" or better for the employee to be eligible for tuition refund unless the course work for the employee receiving a Tess than "Satisfactory" evaluation relates to the area of weak performance. In addition, any employee placed on suspension or on restricted sick leave during a six -month period prior to the beginning of a course will not be eligible. 82 2013 -2014 IAFF 1�' CITY_ The tuition refund program covers tuition, books and laboratory fees only. It does not cover registration, taxes, gas, food, or other costs. Employees should also be reminded that after having received tuition refund, that they are under a one (1) year employment obligation with the Boynton Beach Fire Rescue Department; the amount of the tuition refunded will be deducted from the employee's final paycheck. 83 2013 -2014 IAFF" CITY C:?)\7- BOYNTON BEACH FIRE RESCUE DEPARTMENT TUITION REFUND PROGRAM APPUCATION LAST NAME FIRST NAME INITIAL DATE In1 I, 1 DIVISION SHIFT EMPLOYEE d DATE OF ENTRY 1 1 1 1 1 1 1 COURSE IINPCIWATION Sdwol/Clty: Term/Year: Course (Name & Numbers Credit Hours: Course (Name & Number): Credit Hours: Course (Name & Number): Credit Hours: EDUCATIONAL OBJECTIVE 0 Non p 2 yr. Degree E 4 yr. Degree o Gradu.0 Degree TITLE OF DEGREE SOUGHT FIELD OF SPECIAUTATION MAJOR 11 11 APPROVAL I intend to remain In the employ of the Boynton Beach Flo Rescue DepaMeent for at beet one (1) year following the completion d approved comm a& In the event that my employment Is isrminated for any reason within one (1) year of course aarrplellon. I agree to reimburse the City of Boynton Beach for tuition . benettts applicable to courses during such period. EMPLOYEE SIGNATURE DATE ' !certify that the above named employee has received a actor or better score on t*lher most recant performance evakeatton prior to submission of thle application. I recommend that Ihls applicant be approved for tuition refuted for the coureework listed above. Fnu F (Ott DESIGN RE A'1VRE DATE I / / 13,1Matenak Reason: DEPARTMENT HEAD SIGNATURE DATE ! 84 2013 -2014 IAFF CITY BOYNTON BEACH FIRE RESCUE DEPARTMENT SUBJECT: TUITION / EDUCATION REIMBURSEMENT CITY SERVICE OBLIGATION DATE: May 1,1999 The intent of reimbursing an employee is to provide an Inoentive to seek post- hiring education and trebling, which subsequently Improves seMoe delivery to the public, enhanoes performance levels, and prepares employees for increased responsibitty wlth the Boynton Beach Fire Rescue Department. An employes welding remuneration In the form of tuition and all other costs associated with 1Ire and EMS-rated training and educational programa, including travel ousts, agrees to a one -year employment obligation to the extent that the funds received must be returned M the event that the obligation Is not met This city service obligation requires that an employee be expected to remain with the Boynton Beach Re Rescue Department for at toast one (1) year foliowkng completion of courses for vat** he/she has reosi ed a refund If the employee resigns, retiree, or terminates within the one (1) year period, he/she shah reimburse the City for all funds received app cable to courses completed during this period. Unless other financial arrangements are made, reknbursements shat be payroll deducted from the employees final paycheck. This policy is dmelstent with the Boynton Beach Fire Resume Department's The underaigned Boynton Beach Fire Rescue Department employee hes read and fully understands the provision of this policy as set forth In this dooument without exception. Employee Name Employee Signature Date Witness (BBFRD Chief Moor) Date NOTARY: . _ 85 - 2013 - 2014 IAFF CITY UNION CONTRACT — ADDENDUM "D" CAREER LADDER - Boynton Beach Fire Rescue Department MINIMUM REQUIREMENTS (Probationary FF through Battalion Chief) Probationary Firefighter (FFIProb.) [Hire date through 12 months] PREREQUISITE: - Certified Florida Firefighter - Certified Florida Emergency Medical Technician or Paramedic REQUIRED TO BE PROMOTED TO FIREFIGHTER 1: • Successful completion of the Probationary Firefighter Manual ( "Green Book ") • Successful completion of FFI Performance and Written Examinations • Successful completion of the annual evaluation process for Probationary Firefighters and appointment by the Fire Chief. Fireflghterl (FF1) PREREQUISITE: - Successful completion of all requirements for Probationary Firefighter - Minimum of one (1) year of service with BBFRD REQUIRED TO BE PROMOTED TO FIREFIGHTER 2: • Certified Florida Paramedic with Dept. "Active Paramedic" status • Successful completion of FFII Performance and Written Examinations Flreflghter2 (FF2) PREREQUISITE: - Successful completion of all requirements for Firefighter I - Minimum of three (3) years of service with BBFRD - Certified Florida Paramedic with Dept. "Active Paramedic" status 86 2013 -2014 IAFF CITY_ TO ATTAIN FFII / OPERATOR ENGINEER STATUS: • Successful completion of FFP 1302 Fire Apparatus Operator (or equivalent) • Successful completion of FFP 1301 Fire Service Hydraulics (or equivalent) • Successful completion of BBFRD- sanctioned Aerial Apparatus Course (40 -hour minimum) or FSCFC 703 • Successful completion of BBFRD Apparatus, Hydraulics, and Aerial Operation Performance and Written Examinations REQUIRED TO BE PROMOTED TO FIREFIGHTER 3: • Certified Florida Paramedic with Dept. "Active Paramedic" status (effective 10/01/06) • Successful completion of FFP 1810 Fire Service Strategy and Tactics 1 • Successful completion of FFP 2720 Company Officer Leadership • Successful completion of FFP 1740 Instruction and Methodology • Successful completion of FFP 2120 Building Construction for Fire Service • Complete a Pre- Incident Plan on a City Target Hazard (to be pre - approved) • Complete Fire Inspection / Prevention Packet with a BBFRD Asst. Fire Marshal or Complete FFP 1505 Fire Prevention Practices and FFP 1540 Private Fire Protection Systems 1 Firefighter 3 (FF3) [Minimum requirement to serve as Acting Lieutenant] PREREQUISITE: - Successful completion of all requirements for Firefighter II -Must attain Operator /Engineer status as described under FF2 - Minimum of five (5) years service with BBFRD. Required time will be reduced by one (1) year with an acceptable, job - related Associate or Bachelor Degree - Certified Florida Paramedic with Dept. "Active Paramedic" status (effective 10/01/06) (Paramedic requirement does not impact Firefighter III / EMT's promoted prior to 10/01/06 in terms of functioning as an Acting Lieutenant.) 87 2013 -2014 IAFF j_ CITY REQUIRED TO BE PROMOTED TO LIEUTENANT: • Successful completion of BBFRD Officer Candidate School which will include, but is not limited to: - Department Policies, EMS Protocols, SOG's, Rules and Regulations - Labor- Management Relationship and Collective Bargaining -The Changing Workforce and Dealing with Change - Diversity, Sexual Harassment, and Discrimination Training - Technical Report Writing and Report Quality Assurance - Performance Evaluation Training - Customer Service - Coaching, Counseling, and Disciplinary Action - Budget Analysis and Preparation • NIMS Compliant per department standards. • Successful completion of Lieutenant promotional examination /assessment and appointment by the Fire Chief. Lieutenant (Lt.) [Minimum requirement to serve as Acting Capt. / Battalion Chief] PREREQUISITE: (Eligibility criteria necessary to sit for the Lt. Promotional Exam) - Successful completion of all requirements for Firefighter III - Certified Florida Paramedic with Dept. "Active Paramedic" status (effective 10/01/06) (Paramedic requirement does not impact Lieutenant / EMT's promoted prior to 10/01/06 in terms of functioning as an Acting Captain) - Minimum of six (6) years service with BBFRD. Required time will be reduced by one (1) year with an acceptable, job - related Associate or Bachelor Degree - Minimum one (1) year as a FF3 with BBFRD Promotion is based on successful completion of Lieutenant promotional examination / assessment, and appointment by the Fire Chief. REQUIRED TO BE PROMOTED TO CAPTAIN: • Successful completion of BBFRD Officer Candidate School (as noted above). • Successful completion of FFP 2780 Fire Service Administration • Successful completion of any 2000 or 3000 Level Personal Management Course (minimum 40 hours) • NIMS Compliant per department standards. • Successful completion of Captain promotional examination / assessment and appointment by the Fire Chief. 88 2013 -2014 IAFF CITY Captain (Cant.) PREREQUISITE: [Minimum criteria necessary to sit for the Captain Promotional Exam] -Must meet all requirements for Lieutenant - Certified Florida Paramedic with Dept. "Active Paramedic" status (effective 10/01/06) (Paramedic requirement does not impact Captain/ EMT's promoted prior to 10/01/06 in terms of functioning as an Acting Battalion Chief) - Minimum of nine (9) years service with BBFRD. Required time will be reduced by one (1) year with an acceptable, job - related Associate or Bachelor Degree - Minimum of one (1) year as a Lieutenant with BBFRD Promotion is based on successful completion of Captain promotional examination / assessment process and appointment by the Fire Chief. REQUIRED TO BE PROMOTED TO BATTALION CHIEF: • Successful completion of BBFRD Officer Candidate School (as noted above). • Completion of certified Incident Command Course. • NIMS Compliant per department standards. • Completion of Human Resource Course (3000 level minimum). • Successful completion of Battalion Chief promotional examination /assessment and appointment by the Fire Chief. Battalion Chief (BC) [Shift Commander] PREREQUISITE: [Minimum criteria necessary to sit for the Battalion Chief Promotional Examination] -Must meet all requirements for Captain. - Certified Florida Paramedic with Dept. "Active Paramedic" status. - Minimum of twelve (12) years service with BBFRD. Required time will be reduced by one (1) year with an acceptable, job - related Bachelor Degree. - Minimum of three (3) years as a Captain with BBFRD. PROMOTIONAL CRITERIA (For Lieutenant, Captain and Battallon Chief) A. Posting for a position will include date, time, and location of the exam, reference materials, exam and methodology. This announcement will be posted at least sixty 89 2013 -2014 IAFF CITY Cr _ (60) days prior to the test date and will include all necessary information relating to the application process and deadlines. B. Establishment of an eligibility list, to include time duration that the list is in effect. An eligibility list will be in effect for a period of two (2) years unless adjusted by mutual agreement. C. The Fire Chief has the option to select any one of the top three (3) candidates for promotion to an existing vacancy. Candidates that are not selected for promotion may be provided with an interview to discuss the reason(s) for not being selected, upon request of the candidate. D. Any employee who successfully passes a promotional examination shall have a credit for continuous service added to their final score which shall be computed as follows: One -fourth (1/4) point shall be added for each full year of uninterrupted service. E. The City shall provide one copy, at each station, of all reference material for promotional examinations at the posting of notification. The reference material shall remain in the Fire Station(s) F. Any such vacancy shall be offered within thirty (30) days of the establishment of the appropriate eligibility list. The Boynton Beach Fire Rescue Labor Management Team hereby approves this Career Ladder incorporated into the collective bargaining agreement 2002 -05 as Addendum "D ". (Revised 01/17/2013 — Effective 01/17/2013) o // G1 20! 3 Fire Chief Date to I j 201' IAFF, Local 1891 Union President Dat 90 2013 -2014 IAFF CITY BOYNTON BEACH FIRE RESCUE DEPARTMENT TO: Dean Kinser, President I.A.F.F. 1891 FROM: Kevin R. Carter, Fire Chief SUBJECT: Letter of Understanding Firefighter Contract Article 38, Shift Fire Inspectors DATE: March 20, 2000 (Revised 10/01/08) (Revised 10/01/10) (Revised 10/01/13) It is the intent to of this Letter of Understanding to clarify negotiated issues regarding contract Article 38, Shift Fire Inspectors. By virtue of this letter, and through attrition, we agree to eliminate the aforementioned article in its entirety according to the following criteria: 1) The article entitled Shift Inspectors will no longer be a part of the Collective Bargaining Agreement. 2) The existing inspector (Capt. Chris. Wandell will continue to serve as fire inspector as directed by the Fire Marshal, providing he maintains all necessary certifications. In the event it is determined that additional bargaining unit members are likewise affected, this Letter of Understanding applies to all members in a similar position. 3) The current 5% pay (based on his September 30, 1995 pay) will change to an incentive pay equal to the existing rate, (i.e. from a % -based incentive to a strict dollar figure). This incentive pay, once established, will not increase. This change will be effective upon ratification of the 1999 -2002 Agreement. 4) If, for any reason, the inspector is no longer certified or no longer willing to serve as an inspector, his position will not be filled by another department member, nor will he be able to re -enter into the position. 91 2013 -2014 IAFF_ " CITY The September 30, 1995 salary of the individual is: *Chris Wandell - $676.80 wkly (5% = $33.84 wkly; $67.68 biwly; $1,759.68 yrly) FOR THE C TY: ' , -� K vin ' . Carter Fire Chief Dat e , FOR THEE O 1 t/2013 Dean Kinser, resident Date WITNESS: ?9 -41)-Q- (2)2-82M- 10//40/3 Date 92 2013 -2014 IAFF