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R92-216RESOLUTION NO. R92-~/~ A RESOLUTION- OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CiTY CLERK TO EXECUTE THE 1991/94 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND INTERNATIONAL BROTHERHOOD OF FIREMEN AND OILERS (I.B.F.& O,); A COPY OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DA?E. WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the citizens and residents of the City of Boynton Beach, Florida, to enter into an Agreement with International Brotherhood of Firemen & Oilers (I.B.F.& O.); and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section i. The Mayor and City Clerk are hereby authorized and directed to execute an Agreement between the City of Boynton Beach, Florida and I.B.F.& O., which agreement is attached hereto as Exhibit "A~. Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this /J day of December, 1992. CITY OF BOYNTON BEACH, mayor FLORIDA Commissioner ATTES%': Ci~' Clerk Corporate Seal ) oner C ~issi~r Authsig.doc IBF&O.AGR 12/16/~2 1991/94 AGREEMENT BETWEEN CITY OF BOYNTON BEACH, FLORIDA INTERNATIONAL BROT~'~RHOOD OF FIREMEN ~AND OILERS TABLE OF CONTENTS Article 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 Pkeamble ............................... Recognition ............................ Rights of Employees. . . Strikes ............. Non-Discrimination ..................... ~ity ............. ::::::::::::::::::::::: and~Overtime Clause ..................... Page 1 2 3 4 5 6 7 10 11 I8 23 29 31 32 34 35 38 4O 43 44 46 50 51 54 55 56 58 59 Section 1. This Agreement is entered into by the City of Boynton Beach, Florida hereinafter referred to as the "City" and the International Brotherhood of Firemen and Oilers, AFL-CIO, Local 1227 hereinafter referred to as the "Union". The general purpose of this Agreement is to set forth terms and conditions of employment and to promote orderly and meaningful labor relations for the mutual benefit of the City of Boynton Beach in its capacity as an employer, the employees, and the citi- zens of the City of Boynton Beach. The parties recognized that the best interest of the community and the Job security of the employees of the City depend upon the City's success in establishing and maintaining effective, proper and superior ser- vice to the community. -1- 10/1/91 ARTICLE 2 RECOGNITION Section 1. The City. hereby recognizes the International Brotherhood of ~iremen andOilers, Local 1227 as exclusive represen- tatives for the purpose of bargaining collectively with the City relative to salaries and other conditions of employment for all employees in t~e below described bargaining, unit. The Union recognizes its ~sponsibilities for representing the interests of Cit es, and ffecting their subject to the express forth in this Agreement. Section 2. The bargaining unit shall cons£s~ of the following: Included: Ail employees of the City of Boynton employed in the Public Works Department, utilities Department, Parks and Recreation Department, Street Department, Warehouse Department, the Greenskeeper, Golf Course Maintenance Mechanic (a.k.a. Golf Course Equipment Mechanic) end Golf Csrt Mechanic in the Golf Course Department and Lifeguards below Foreman level. Excluded: Ail part-time and seasonal employee, employees of the Police and Fire Departments, all clerical employees, all mana- gerial employees, all foremen, all supervisors, all technical employees and lifeguard captain. -2- 10/1/91 ARTICLE 3 RIGHTS OP EMPLOYR~S Section 1. The Employees in the bargaining unit shall have the right to join or assist the Union or to refrain from any such activity. Section 2. The City agrees to the preservation of employee rights as described in this Article. Nothing in the Agreement shall require an employee to become or to remain a member of the Union or to pay any monies to the Union. Section 3. Ail provisions of this Agreement shall be applied fairly, and equitably to all employees in the Bargaining Unit. Section 4. Employees may request a Union representative be pre- sent when they believe a meeting with a supervisor may lead to discussion which could form the basis of disciplinary action. -3- 10/1/91 ART'r CLE · Section 1. T~e Firemen and Oilers Union, AFL-CIO, Local 1227 or their member agents or designee, agree during the life of this Agreement that they shall have no right to engage in any work stoppages,_ slow down, strike,, or un~awful~ ~ picketing. 2. In the event Of a strike, work st0ppage or inter- ference With the operation and accomplishment ofthemission of the City Administration, a state or international representative of the Union shall promptly and publicly disavow such strike or work stoppage and order the employees to return to work and attempt to bring about prompt resumption of normal operations. The Union representatives shall notify the City 12 hours after commencement of such strike, what legitimate measures it has taken to comply with the provisions of this article. -4- 10/1/91 NON-DISCrIMINATION Section 1. The Employer and the Union agree that the basic intent of this Agreement is to provide a fair days work in return for a fair days pay to provide conditions of employment suitable to maintain a competent work force. The Employerand~the Union agree that all provisions of the Agreement shall be applied to all employees covered by it and the Employer and Union affirm their joint opposition to any discriminatory practices to the extent prohibited by law in connection with employment. Section 2. The Union agrees to support the City's Affirmative Action Program. -5- 10/1/91 ARTICLE REPRESENTATION OF THE CITY Section 1. The C~ty shall be represented by the City Manager, a person~or persons designated in writing to the Union by the City Manager. The City Manager shall have authority to execute an~ Ag~mement~m~behalf of the City, subject to approval by the Or -6- 10/1/91 UNION REPRESENTATION Section 1. The Union, as representatives of the employees in the bargaining unit covered by the Agreement, shall have the right to present its views to Management on matters of concern either orally or in writing. Section 2. The Employer agrees to recognize the officers, and stewards designated by the Union as agents of the Union. The Union shall furnish written notice to the City Manager's office of such Union office or stewardship prior to its becoming effec- tive. The Employer recognizes the right of the Union to designate seven (7) stewards and one chief steward from among the regular permanent employees in the specified divisions. Section 3. Non employee officials of the Union as designated hereinabove, shall, with proper notification, be admitted to the property of the employer for purposes of administering the Agreement. Union officials as designated above shall only be able to meet with employees in non-work areas (i.e., break areas) and during non-work time. -7- 10/1/91 Section 4. The department head will grant Union leave without pay for up to two officers or stewards of the Union for up to a total of thirty (30) days per year in order that they may attend conferences, seminars and similar events related to their repre- sentative function provided the leave does not effect a major project in the department. Section 5. The eight (8) stewards as designa%ed herein may be released with pay in the sole discretion of the supervisor for purposes of grievance handling and investigation, up to an accum- mulative total of 88 hours (11 hours per steward) pay per year. Hours may be transfered from steward to steward, provided the total does not exceed 88 hours. If the to~al hours used exceed 88, then stewards may be released without pay. Section 6. The membership of the Bargaining unit shall be repre- sented by the President of the Union or by a person or persons designated in writing to the City Manager. The President of the Union, or the person or persons designated shall have full authority to conclude a Collective Bargaiaing Agreement on behalf of the union subject to a majority vote of those members of the Bargaining unit voting On the question of ratification. It is -8- 10/1/91 understood that the Union representative or representatives are the official representative of the Union for the purpose of nego- tiating with the City. Such negotiations entered into with per- sons other than those defined herein, regardless of their position or 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 respon- sibility of the Union to notify the City Manager in writing of any changes in the designation of any certified representative of the Union. Section 7. There shall be created a Union time 9ool. Each employee shall beallowed to voluntarily contribute, during the months of October and April, annual leave for Union business. The City will notify employees of the time frame to sign up. This time may be used for Union business, including negotiations, upon request by the Union steward. A written request for the Union time pool shall be submitted to the department head or the designee in advance of the requested time off for attending con- ferences, seminars, Union negotiations, grievance investigation or hearings, etc. Time off shall be subject to the ability to maintain efficiency of the operation during the absence of this Union representative. -9- 10/1/91 BULLETIN BOARDS Section 1. The Union shall be provided space on bulletin boards at each location so designated by the Employer in the areas where unit employees normally are assigned to work for the use of the International Brotherhood of Firemen and Oilers Union, Local No. 1227. These bulletin boards shall heu~edf0r~posting union noti- A. Notices of Union recreational and social affairs. B. Notices of Union elect~ons and results of such elections. C. Notices of Union appointments and other official Union business. D. Notices of Union meetings. Section 2. All other information, including any notices con- taining any information other than purpose, date, time and place, may be posted on such designated areas and the Union shall fur- nish the City Manager's office with a copy. Ail costs incident to preparing and posting of Union materials will be borne by the Union. The Union is responsible for posting and removing approved material on its bulletin board and for maintaining such bulletin boards in an orderly condition. -10- 10/1/91 ARTICLE 9 (~IEVARCE Section 1. A'grievance is defined as a dispute or disagreement involving the application or interpretation of this Agreement. Issues or disputes which are not grievances as so defined shall not be subject to arbitration, but may be processed through the grievance procedure. The term "day" shall mean, employee work- day, Monday through Friday, exclusive of holidays recognized in this Agreement. section 2 No employee or group of employees may refuse to follow directions pending the outcome of a grievance. Employees in the bargaining unit will follow all written and verbal direc- tives, unless the employee has an objective basis to believe that his/her health and safety is threatened. Compliance with such directives will not in any way prejudice the employee,s right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the grievance. The parties agree that the grievance procedure shall be the sole and exclusive method for resolving any dispute involving the application or interpretation of this Agreement. However, grievances over rights provided for in this Agreement which are also explicitly provided for in the Civil Service Rules may be reviewed through the Civil Service procedures or this grievance procedure, but not both. 10/1/91 -11- Section ~. Ail grievance statements of appeal and answer must be in writing. Grievances not appealed to the next higher step within the prescribed time limits will be considered settled on the basis of the last answer by Management. Failure by Management to observe time limits for any step of the grievance procedure shall entitle the employee to advance the grievance to th~ next Step'. Grievance time limits may be extended by mutual written agreement of the uhion and the City. Section 4. Step Grievance and Appeal Procedure Steps 1. within Five (5) working days of the incident or the time which the employee should have had knowledge of it, he/she may initiate a written complaint with his/her i~ediate supervisor during regular working hours. He/she may have the Union Steward present if he/she desires. The discussion will include a description of the action requested and the basis for the request, within five (5) working days, the imme~iate supervisor shall respond with his/her decision in writing. -12- 10/1/91 Step 2. The written grievance should state the following: a) A statement of the Grievance and the facts upon which it was based. b) The Article and Section of this Agreement alleged to have been violated. c) The action, remedy, or adjustment requested. d) The signature of theaggrieved employee and date. If the complaint is not resolved in Step 1 within three (3) working days the employee may appeal to Step 2 to the Division Director. Within five (5) working days of receipt of the grievance, the Division Director will contact the aggrieved employee and schedule a meeting at the earliest convenience. The Division Director shall respond in writing within five (5) working days of the meeting. -13- 10/1/91 Step Step 4. If the complaint is not resolved in Step 2 within three (3) working days, the employee may appeal to Step 3 to the Department Director. Within five~(5] wQrking~-~aYs of receipt of the grievance, the. DepartmentDirector or his/her designee Will contact the aggrieved employee and schedule a meeting at the earliest convenience. ~The department d~ectoror~his/her designee shall respond in writing within five (5) working days of the meeting. In the event the employee is not satisfied with the disposition of the grievance by the department director, the employee shall have the right to appeal the decision to the City Manager within seven (7) work days of the date of issuance of the -14- 10/1/91 Step 5. department director's decision. Such appeal mus= be accompanied by the filing of a copy of the ori- ginal grievance, together with a letter signed by 'the employee requesting that the department direc- tor's dec~sion be reversed. The City Manager shall meet with the aggrieved employee and the Union representative if the Union President forwards a written request Outlining the merits of such a meeting. Otherwise the City Manager or his/her desSgnee may schedule a meeting to discuss the grievance. Evidence not presented by the employee at such meetings shall not be considered by an arbitrator if the grievance progresses to step 5. The City Manager or his/her designee shall render a decision in writing within ten (10) working days of the appeal or the meeting. In the event that a grievance is not settled under the foregoing steps of the grievance procedure, such ~ispute may be referred by either party to an impartial arbitrator to be appointed by mutual agreement of the parties. In case the City and the Union are unable to agree upon an impartial arbitrator within fifteen (15) days after the .15- 10/1/91 conclusion of Step 4, then on application of either party petition may be made to the Federal Mediation and Conciliation Service in Washington, D.C. to supply the parties apanel of arbitrators. The parties will select an arbitrator from the panel by alternatelystriking names from the panel. The -~ remaining, arBitrator shall be designated hereunder, ~ to whom the grievance shall be submitted. Section 5. The arbitrator shall only have Jurisdiction and the authority to apply and 'interpret the provisions of this Agreement. He/she shall not have Jurisdiction or authority to alter or change in any way the provisions of this Agreement and shall confine his or her decision solely to the issue of interpretation or application of the Agreement presented. The decision of the arbitrator on any matter within his/her Jurisdic- tion shall be final and binding on the Union, the City, and the employees covered by the Agreement unless the award is contrary to existing law or public policy, or is clearly erroneous as determined by a reviewing court. Section 6. The hearing shall be informal and the strict rules of evidence shall not apply. -16- 10/1/91 Section 7. The arbitrator's fee and expenses shall be divided equally by the parties. In the event of a settlement, the arbitrator's fee and expenses shall be borne equally by the par- ties, unless ~hey agree otherwise. Section 8. Either party to this Agreement desiring transcripts of the arbitration hearings shall be responsible for the cost of such transcripts. -17- 10/1/91 ARTIrT~ lQ BASIC WORK WEEK AND OVERTIME Section 1. The basic work week shall consist of forty (40) hours, unless otherwise specified. The City Manager will establish and may change the basic work week and hours of work best suited to meet the needs of the department and to provtd~e superior ser- vice to the community. Nothing in this Agreement shall be construed as a guarantee or limitation of the number of hours worked per week. Task Assignment ISanitation) A. Employees shall be held responsible for satisfactory completion of a daily task assignment. B. Circumstances may arise which prevent task completion within the work day. In that event management may direc= crews to complete the route(s) that same day. C. Crews who have completed their own routes may be asked to assist on other routes in order to maintain essential service to the con~unity. Overtime compensation for employees that work these assignments will be determined in accordance with Section 2 of this article. Trash personnel assigned to Garbage (4-10 hour day) may leave after working the assigned hours for that day, and if assigned to garbage for three ($) days in a work week, will be paid 10 hours each day, or hours worked each day~_wl~hever is greater. Personnel normally assigned tar~ (4-10 hour day) must report to work 3 days ~ut of~he work week to retain task status, or be on approved vacation or administrative leave. If an employee assigned to garbage reports in sick for 2 days out of the work week, he/she must report in for duty on wednesday of that pay period. If an employee is out sick for 3 days or more in a pay period, he/she will be paid and sick leave will be charged based on 8 hour increments. D. Ail task runs shall be equalized as closely as possible, as determined by the Public works Director. 10/1/91 -18- Section 2. Ail authorized a~d approved work performed in excess of forty (40) hours in any one work week shall be considered as overtime and shall be paid at the overtime rate of one and one- half time the employees straight time race of pay. Employees who regularly work a =eh (1~) hour task system shall receive ten (10) hours pay for each observed holiday, Employees who regularly work an eight (8) hour task system day shall receive eight (8) hours pay for each observed holiday. Employees who work on a holiday shall receive compensation as provided in Article 18, Section 3. Section 3. Employees shall be required to work overtime as directed unless excused by supervision. In the event any employee is required to work approved overtime, he/she shall not be requested to use annual leave nor be placed in a "leave without pay" status during the basic work week in order to com- pensate or offset the overtime hours worked or to be worked. Section 4. An employee called back to work after having been relieved and having left the assigned work station, or called in before his/her regularly scheduled work time, shall be paid a minimum of two (2) hours pay at the rate of pay one and one-half (1~) times his/her basic hourly pay. Employees shall be paid for the actual hours worked for all hours worked in excess of the two (2) hour minimum. -19- 10/1/91 Section $. Where the Utility Department is a seven day con- tinuous operation, employees will have two (2) consecutive days off after'comp!eting,.their regu!ar!yschedul,ed five day work week. Section 6. supervisors will provide no less than two (2)- hours advance notice to employees prior to assignment of scheduled overtime. Section 7. For purpose of overtime computation; holidays, vaca- tions, and sick leave shall be considered as time worked. Funeral leave, Jury duty, annual military leave and other absen- ces from duty on active pay status shall not be considered as time worked for purposes of overtime computation. Section 8. STANDBY TIME -- In order to provide coverage for ser- vices during off-duty hours, it may be necessary to assign and schedule certain employees to standby beeper duty. A standby beeper duty assignment is made by a department director or his/her designee who requires an employee on his/her off-duty time, which may include nights, weekends or holidays, to be available for work due to an urgent situation. The employee shall receive sixty dollars ($60) for this beeper duty per week. -20- 10/1/91 Section 9. Full-time regular ;employees, who work eight (8) hours or more in any scheduled work day shall have a fifteen (15) minute break twice a day - one during the first four (4) hours of work and one during the second four (4) hour period. Regular employees working less than eight (8) hours in any scheduled work day shall have one fifteen (15) minute break during the scheduled work day. Section 10. For employees that have a scheduled lunch break, the lunch period shall start when released by your supervisor. Employees working out in the field shall be permitted to return to their work areas (10) ten minutes prior to lunch break for clean-up. Travel time to and from the Job site shall not be counted as part of the lunch period, and stopping for personal business shall not be permitted. Employees working out in the field shall be permitted to return to their work areas at the close of the work day fifteen (15) times for the purpose of clean-up, putting up equipment. minutes prior to punch-out paperwork preparation, and Section 11. Employees cannot be in a work status more than seven minutes prior or seven minutes after regular work day unless they have their supervisor's approval. Each e~ployee must be advised of the official start and ending time of their department work day. -21- 10/1/91 For purpose of overtime, the City will follow the Department of Labor 7/8 minute rule. This-rule means that an employee would not b~ eligible for overtime,~ntil he has been on the Job for more than seven minutes, i.e., at the start of the 8th minute they would then receive 15 minutes at the overtime rate as outlined above. Likewise if they work 23 minutes theywould be paid at 30 minutes overtime or if they work 22 minutes they would be paid for 15 minutes at time and a half. This procedure will be followed if an employee reports to work late. The employee shall be marked as tardy using the same 7/8 rule. Section 12, It is understood that the clock designated by an employee's supervisor to record arrival and departure shall be the clock against which timely reporting for work is measured.-If, at any time, that clock is deemed inoperative, the immediate supervisor will advise employees of the clock which will be uti- lized in lieu of it. -22- 10/1/91 Section 1. of his/her day begins. employee is An employee shall notify his/her immediate supervisor illness within one (1) hour after his/her normal work This procedure shall be followed for each day the unabte to work unless prior approval is granted by department management, wherein the emptoyeenotifies his/her supervisor of the length of time he/she will be absent. Section 2. Sick leave will be granted upon approval of the department director for the following reaeons: A. Employee's health, or up to five (~S) days per year for illness of immediate family member. B. Medical~ dental, or optical treatment which is necessary during working hours. C. Quarantine due to exposure to contagious disease. D. In connection with workmen,s Compensation as stated in City's Rules and Regulations. Section 3. No employee shall be entitled to sick leave in the excess of the amount of such leave accumulated to his/her credit. Employees may accumulate unlimited sick leave. Section 4. An employee making a departmental transfer will retain any unused sick leave. -23- 10/1/91 Section 5. For all employees employed as of September $0, 1991, employees (or their beneficiaries in the case of death) that have attained permanent Civil Service status and are regular employees will have pay~ent made for unused sick leave at the rate of one half (½) of the total number of hours accumulated, not taken, upon termination in good standing, hired after October 1, 1991, Servic~ or retirement, or death. Employees that have attained permanent Civil payment made specified in the, table'below, for unused sick leave a~"the~ ~ate ~'' upon termination in death. Percent of Continuous Years of Service AccumuI~t~d Sick Leave Less than 5 full years More than 5 full ~ears, but less then 10 full years ~0% More then 10 full years, but less than 15 fulT years More than 15 full years, but less than 20 full years 20% Upon retirem~nt from City service $0% (Retirement ~hall include normal retirement, disability retire- ment, or ea=~y ,,retirement as defined in the appropriate Pension Plan). Section 6. Unused sick the currently scheduled A. leave may be accrued unlimited, work week of forty (40) hours. based on Sharing Sick Leave 1) It shall be the policy of the City to permit an employee who has a minimum of 120 hours sick leave the opportunity of donating accrued sick leave time to a designated employee whenever extraordinary cir- -24- 10/1/91 2) 3) cumstances mequ.ire th~designated employee to be absent from work for a lengthy period of time, and when the employee has exhausted all accrued sick and vacation leave. Extraordinary circumstances shall be defined as lengthy hospitalization, critical illness, or injury. When there appears to be a need to share sick leave in accord with Section A.2, bargaining unit members who are willing to contribute sick leave hours, con- firm through the Finance Department tha~ the hours are available and submit a Personnel ACtion form to the Personnel office for proper charge ~o sick leave records. Section 7. No employee shall be placed on restricted sick leave under Civil Service Rule XI, Section 4, Paragraph E unless that employee has had a counseling session with his/her Director or Department Head. During that counseling session, the employee will be informed of the reasons being considered for restricted sick leave. At that time, the employee Will be given an oppor- tunity to explain the sick days taken, however, the Department Director shall have the sole discretion to place the employee on restricted sick leave. When an employee is placed on restricted sick leave, the employee will be notified in writing of that -25- 10/1/91 fact. An employee placed on restricted sick leave shall be re- evaluated in three months. If no violation is noted the employee shall be removed from restricted sick leave status. If not re- evaluated within five (5) working days after the three ($) month period the employee will be automatically removed from restricted sick leave. The employee shall receive a letter removing him/her from restricted sick leave. Section 8. WORKERS' COMPENSATION: Whenever an employee is totally disabledlfrom duty for a period of no more than seven (7) calendar days because of an injury determined to be compensated under the provisions of the Worker's compensation Act, he shall be entitled to full regular pay. If the period of disability is greater than seven (7) calendar days, the employee will be eligible to receive a sum of money up to an amount equal to the difference between his worker's compen- sation check and his normal net take home pay. The injured employee will be eligible to receive the salary supplement for a period not to exceed three (3) months from date of injury. At the end of the three months, or sooner, the City Manager, Department Head, and Personnel Director will review the case for a determination of pay status. If continuation of the salary supplement is granted it can be at any rate determined equitable by the reviewing committee, but not to exceed an amount equal to the net take home pay. In no case will the salary supplement be extended beyond six (6) months from date of injury. 10/1/91 -26- After six (6) months from date of injury, the injured employee may elect to receive accrued sick leave and after exhausted, vacation leave, in accordance with his regular hourly wage, to the extent that his combined sick leave or vacation leave, City supplement (if less than the, full amount authorized) and workers' compensation benefits equal his regular weekly net take home salary. The employee must contact the payroll clerk to qualify for the combined check. It is incumbent on the employee to make application for disabi- lity in accordance with the pension plan they are members of, or the insurance plan they are covered under. Failure to do this automatically cancels the additional City benefits. If the appropriate disability plan denies the claim, the addi- tional City salary supplement benefit will be cancelled. If the appropriate disability plan accepts the claim, the salary supple- ment will be cancelled after issuance of the disability pension check or at the end of the time duration outlined above, which ever comes first. If an employee who is receiving Worker's Compensation payment along with City ~upplement, sick or vacation leave, is found to be working or receiving compensation for his services elsewhere, during this period, he will be subject to reimburse the City for all medical expenses and supplement, sick or vacation pay taken and be subject to dismissal. -27- 10/1/91 Section 9. LIGHT DUTY - Employees may return to work with a Light Duty Certificate and/or letter from their physician pro- vided there is work available within the Department that would comply with the doctor's re~/uirements. If there, is no such work available theemployee will remain on sick leave status until he/she has a full'release to return to work from his/her doctor. -28- 10/1/91 ~TICLE 12 ~NERALLEA~ Section 1. with pay to of death(s) Ba=gaining unit employees shall be granted time off arrange and/or attend funeral services in the even= in the immediate family as defined in Section 2 of this Article. Proof of death will be required. Such time off will not exceed five (5) working days for out of state and three (3) consecutive working days for in state. At the employees option, five (5) working days out of state funeral leave may be taken in two (2) segments of not less than two (2) days each, provided that all five (5) days are taken within a sixty (60) day period, and documentation establishing out of state travel related to the death is provided to the Personnel Director. Section 2. The employees immediate family is defined as an employee's husband, wife, son, daughter, son-in-law, daughter-in- law, father, mother, father-in-law, mother-in-law, brother, sister, grandparents, foster parents, foster child, step-mother or step-father or step-child of a permanent employee. Section 3. Funeral leave shall not be charged to vacation, com- pensatory time, or sick leave. -29- 10/1/91 Section ¢. The City Manager may grant additional leave under this section which shall be debited against the emgloyees annual or sick leave time or may be leave without pay. -30- 10/1/91 .,ARTICLE MILITARY ~EAV~ Section 1. All employees in the City service who are members of the military reserve units and who must attend annual training sessions are entitled to leave of absencewith full pay. The City of Boynton Beach pursuant to Florida Statute 115.07 - Officers and Employees Leaves of Absence For Reserue Or Ouard Training, will grant up to seventee~ (17) calendar days with pay each year in order that such employees may ful~fill their military obligations. Full-time permanent employees in the City service who are called to perform military service will be granted leave of absence without pay for such service in accordance with the provisions of Public Law 93-508, Section 2021 - Right to Re-employment of Inducted Persons; Section 2024 - Right of Persons Who Enlist or are Called to Active Duty; reserves. -31- 10/1/91 ~T~CLE 1¢ Section 1. LEAVE WITHOUT PAY~ -- A regular employee may be granted'leave of absence without pay fora period not to exceed one (1) year for sickness, disability or other good and sufficient reason~hi~chare considered to be in the best,interest of the City z / Such,~leave ~shall =equtrethe prior approval of the Department Head/Personnel Director and the City Manager. Employees t~hatare~n approved leave of absence without pay will be responsible for paying all their benefits, i.e., insurance, etc. Except under unusual circumstances, voluntary separation from the City service in order to accept employment not in the City ser- vice shall be considered as insufficient reason for approval of a request for leave of absence without pay. If for any other reason, leave of absence without pay is given, such leave of absence may subsequently be withdrawn and the employee recalled to service. Ail employees on leave of absence without pay are subject to applicable provisions of these rules. -]2- 10/1/91 A~T~CLE 15 JURY DUTY Section 1. An employee who is legally summoned to serve on a jury or as a subpoenaed witness in a case relevant to the City shall be permitted absence with pay for the time required from such duty. Section 2.~_ . : If an employee is called for Jury duty he/she shall promptly. , ~ notify his/her immediate supervisor within five ($) days of receipt of the summons. Section 3. In the event a holiday shall occur during the period of the employee Jury duty, he shall receive pay for such holiday. Section 4. The employee shall be required to provide the depart- ment director with proof of Jury duty service, before compen- sation is approved. Section 5. Payment for Jury duty will be made as follows: JURY DUTY/WITNESS FEES - Ail pay granted under this sec- tion must be approved by the City Manager. Leave with pay may be authorized in order that regular employees may serve required Jury duty or a subpoena issued by a court of law to appear as a witness on cases relevant to the City, provided that such leave is reported in advance to the Personnel Dlrec=or. In order for the employee to receive their regular pay for such leave the employee mus= deposit the money which he receives for Jury duty or as a witness with the City Finance Department for those days that coincide with his/her regular work schedule. Employees can keep only travel expense monies. Employees subpoened as witnesses in cases unrelated to City business may take vacation leave in order to receive pay. 10/1/91 -33- ARTI~.~ 16 MAINTENANCE OF CONDITIOI~ Section 1. Except as provided herein, the City's Civil Service Rules and Regulations shall remain in effect for the duration of this Agreement. Changes to these Rules and Regulation? WhiCh reflect standing policy, minor changes, and changes which do not impac~ ~n members of this unit may be made by the City uP0n noti- ficati0n to the Union. No further cost of living adjustment increases will be granted after expiration of this Agreement, unless the parties negotiate a new Agreement. -34- 10/1/91 ARTICLE 17 SENIORITY Section i. For the purpose of this contract, "seniority" shall be defined as the employees length of continuous service with the City of Boynton Beach. The City and the Union recognize the value of an experienced work force and agree that an.employee's seniority shall be considered, along with the needs of~the City, when~affecting decisions on vacations, promotions, end shifts. Section 2. Layoff and recall of employees shall be handled in accordance with the app~icable provisions of the Civil Service Rules and Regulations. Section 3. Budgeted and promotional vacancies occurring in any position within this bargaining unit will be filled in accordance with the applicable provisions of the Civil Service Rules and Regulations. Section 4. The City shall announce promotional examinations in advance. Whenever a vacancy in the bargaining unit is to be filled, job announcements for that vacancy will be advertised internally for 10 working days. Applicants from within the City employee work force desiring to fill such a vacancy shall apply in writing by filling out the appropriate application. -35- 10/1/91 Section Certification and selection for entrance positions: The Personnel Director as soon as feasible shall certify from the. , appropriate eligible list the three (3) persons who stand highest thereon, giving their names and examination grades. Whenever a group of three (3) e%lg~le? is c~rt!fied, one of~ siderati0n. Only under Y to 'the Personnel the three (3) names of eli- gibles be pased over~ A re~est of-this type s '~ ' · hatl,:be sub- mitted in writing by the Depa=tment Head to the PerSsnnel Director giving specific reasons for rejecting each of the names on the list of eligibles for the next three (3) eli- gibles whose standing is the next highest on the list. Eligibles not selected shall be returned to the register in accordance with their respective grades. Such eligibles shall be recertified in groups considered a total of three times and then removed from the eligible list. If more than -- one vacancy exists, certification will be as outlined above with one additional name added for each vacancy. In the case of identical scores the eligibles will be submitted as tied and considered one position of the three positions sub- mitted. -36- 10/1/91 Certification and selec~ion for promotional positions: The Personnel Director Shall as soon as feasible certify from the appropriate eligible list for each vacancy, the names and scores of the three persons who stand highest on the eligible last. Only under unusual conditions satisfac- tory to the appointing authority, who is the City Manager, shall the names, of the eligibles be passed over. Requests to by-pass the names of the three highest persons on the list shall he submitted in writing by the Department Head giving specific reasons why the persons whose names appear highest on the list should be by-passed. The Personnel Director then shall certify the name of the next three highest on the list to the Department Head. If all three employees are passed over under the provisions outlined in the preceding paragraph they shall be notified in writing by the Personnel Director prior to the certifications of the next three names highest on the list. -]7- 10/1/91 ARTICLE HOLIDAYS Section t. The following holidays shalt be observed in accor- dance with Civil Service Rules and Regulations, Rule XI, Section 2 (Legal Holidays): New Year'~s Day, Martin Luther King, Jr. Day, President. s Day; Memoriat~ay, Independence'Day, Labor' Day, veteran's Day,~Thanksgtv!ng Day,~Day afte~Thanksgiving, Christmas Eve, and Christmas Day~ In addition~ the employee may take his or her birthday but with notice to thei~ supervisor. Birthdays that fall on a weekend may be taken on Friday or Monday with prior notice. If taken, the birthday will be charged as a vacation day. Holidays are not cumulative or interchangeable. Section 2. For each observed holiday, a full-time employee shall be entitled to eight (8) hours pay at the employee's regular rate of pay, except where employees are normally scheduled to work a ten (10) hour day. They shall receive ten (10) hours pay. Section 3. A full-time employee required to work and who actually works on an observed holiday shall receive straight time pay for hours worke~ in addition to that payment provided in Section 2. -38- 10/1/91 Section 4. The City will make every reasonable effort to sche- dule Sanitation employees assigned to the Task System off on all holidays. In this connection, the Sanitation employees who are scheduled off may be scheduled to work on Wednesday of the week the holiday falls. Section 5. Employees on vacation, annual military leave, Jury duty, sick leave, funeral leave, and other absences from duty, but on active pay status on the day the holiday is observed must use the holiday on the same day that it is earned. Holidays that occur during vacation leave shall not be charged against such vacation leave. Section 6. Holidays falling on a Saturday shall be observed the preceding Friday. Holidays falling on Sunday shall be observed the following Monday. -39- 10/1/91 LETTER OF UNDERSTANDING 1991/94 AGREEMENT Article 18, section 3 of the contract curre~iy reads: Fa ectlon 3. A full'time employee required to work and who actually works o.n an observed holiday shall receive straight time worked in addition to that payment provideb~' --in ~-~~v..s~-~ ~.~P'a'Y for hours Will be corrected to read: A hours, ~ to wc~rk and who~ actually Section Wan~a Stimpson, Business ~gent FOR IBF&O Date: ~-/~ /~/ Carrie Parker, Assistan~ City Manager For City of Bo!rnton Beach, Florida Date: ~'~. /~- /~/ -- VACATION Section 1. Employees in the bargaining unit will continue to be covered by the Boynton Beach Civil Service Rules and Regulations relating to vacations. The following outlines the vacation leave 9olicy for the 40 hour employee: Plan A: The following language and schedule apply toatl ~ull time employees with an employment date prior to October~l, 1991. Each full time employee shall earn vacation leave a~.therate of one working day per month during the first year of service. Each employ~ shall, at the end of each year thereafter, ~be!~Fedited with additional vacation days (accumulated in hours)~for each full year of continuous services as outlined in the chart below. The number of days/hours credited per year will not increase after ~he 21st year of service unless the included chart is amended. Employees on initial one year probation are not eli- gible to take vacation for the first six months, vacation may be accrued in accordance with the following schedule: -40- 10/1/91 PLAN A VACATION ACCRUAL POLICY IBased on %0 hour work week1 Years of Service year years years 4.years 5y~a~s years years years 10 13 years 21 & after Vacation Days Vacation Hours 12~ 96 1~ 120 15 120 ~6 128 1'7 136 18 144 20 160 22 176 192 2~ vacation leave may be taken as earned subject to the,approval of the department head who shall schedule vacations so as to meet the~operating requirements of the department. Employees may accrue vacation leave to a maximum of the leave earned in the most recent two employment years, vacation leave accrued during January 1 - December 31 may exceed this stated policy, however, any amount over the allowable maximum that has not been used during that (January 1 - December 31) will be for- feited as of December 31. -41- 10/1/91 Plan B. The following langua~e~andschedule apply to all full time employees with an employment date of October 1, 1991 and thereafter. Each full time employee shall earn vacation leave at the rates shown in the schedule outlined in this Section B. Each employee shall at the end of each year be credited with addi- tional vacation days (acCumulated in hours) for each full year of continuous service as noted in the chart below. The number of days/hours credited per year will no= increase after the 20th year of service unless the schedule is amended. Employees on their initial one year probation are not eligible to take vaca- tion for the first six months of employment. Vacation may be accrued in accordance with the following schedule: PLAN B VACATION ACCRUAL POLICY (Based on 40 hour workweek) Years of Service 1 year 2 years but less than $ 5 years but less than 10 10 years but less than 20 20 years and after vacation Days Vacation Hours 6 48 12 96 15 120 17 136 20 160 -42- 10/1/91 ARTICLE 20 WAGES Section-1. Ail employees in-theBargaining Unit will receive a 2% (two percent) cost-of-living Salary adjustment effective October 1, 1992 and a 2% (two percent) cost-of- living adjustment effective March 1, 1993. Section 2. Due to budgetary constraints, no automatic 5% step plan (merit pay) increase shall be~authorized for fiscal year 1992/93. -43- 9/17/92 ARTICLE 2l SAFETY AND I{EALTH Section 1. The City shall comply with all State and Federal regulations pertaining to the occupational safety of the members of this bargaining unit. Section 2. Employees in classifications/positions where it is warran=ed, will receive one (1) Pair of safety shoes per year. The City/Safety Committee will be responsible for deciding which positions require the wearing of safety shoes based on OSHA stan- dards and recommendations. Management shall determine the type and quality of such shoes. The employees designated to receive shoes will be reimbursed one hundred percent (100%) of the price of safety shoes up to the following amounts: A. Shoes - standard and iow quarter $50.00 B. Boots $60.00 C. Electrical/Non-conductive $60.00 D. Welders $60.00 If the employee wishes to be reimbursed, at the above scheduled rate, for the cost of safety shoes, the employees must purchase the shoes at a vendor designated by the City. The City will bid both the shoe van and a fixed store prior to designating a ven- dor. The employee must submit a receipt for proof and amount of purchase. This will obligate the employee to work each day in safety shoes. -44- 10/1/91 Section 3. Those emgloyees of the Beach Patrol who are assigned lifeguard duties will be 9rovided adequate 9rotection from the sun and weather by the City. The City agrees to 9rovide masks or goggles,'sunsc~een lotion, bathing suits, and winter Jackets as required by'the degartment for those assigned actual Beach Patrol duties. Sectlon4.'--The city'Shall make available~immun'izat£o~ ~hots for t~tnus~anddlghther±~for all membersofthe bargaining unit as requested o~ a volunta~ basis. -45- 10/1/91 ARTICLE 22 GENERAL PROVISION Section 1. The City agrees to furnish the Union with 50 copies of this Agreement at no charge. Section 2. Except in the case of negligence or misuse all employees requested to furnish tools for their Job shall receive replacement tools for tools broken in performance of the City,s work provided they furnish the City with a list of their personal tools approved by their department head. Tools stolen from their assigned City owned vehicle or City property shall be replaced if there was not negligence in their loss. Section 3. The City shall pay the total medical, hospitaliza- tio~, and dental insurance premiu~ for all regular employees. The employees will pay the full cost of medical, hospitalization, and dental insurance for their dependents, except for fiscal year 1991/92 when the City shall contribute $7.00 (seven dollars) per month for family dental insurance premium. Existing, or com- parable, coverage with no decrease in benefits shall remain in effect for the duration,of this Agreement. For FY 92/93 and FY 93/94, no family dental insurance premium co-payment shall be made by the City, unless the City Commission authorizes the same in the annual budget for those fiscal years. -46- 10/1/91 Section 4. The employee shall be allowed to place written responses in their personnel file and/or departmental work file when =hose responses relate to material placed into the personnel file which has been prepared by the supervisors (ie., repri- mands, written comments). Section 5. A personnel file for all City employees is maintained by the City Personnel Department, If a request is made to review an employee's ~er~onnel file by someone other than the Department Personnel, staff Or C%ty M~ager's office, a notice will he sent to the employee notifying %lm/her of such a request. :hat upon request, a member shall have the own personnel records and shallhave~the r~gh~ to make duplicate copies of his/her, records at no expense.~!~he ~City will purge personnel files in accordance with appropriate_Florida State Statutes. The employee file maintained by thePersonnel Department shall be the official file for each employee. Effective October 1, 1991, prior disciplinary actions, beyond a three [$) year time frame, recorded on the employee personnel file that are not pertinent to the particular action being considered, shall not be referred to in any current disciplinary action. -47- 10/1/91 Section ~. Tuition Reimbursement - The City will provide reim- bursement for tuition and books for any full time permanent (completed their year's probation),employee who choose to attend an accredited-college or university. Employees meeting this criteria will initially pay and be reim- bursed by the City upon presentation of documented completion of the course. The employee who attains a grade of "A" or better will receive 100%; a grade of "B" or better, seventy five percent (75%); or a grade of "C" or better, fifty percent (50%) of the tuition and books for the course. In the event that the course is a mandatory pass/fail course, a grade of "passing" shall be treated the same as a "C". Employees will receive no compen- sation for a grade below Courses must lead to a degree in the field of discipline that may, in the opinion and with the approval of comittee, enhance the member's performance in their department. The committee to review the validity of the course and degree progrem for which the reimbursement is applied will be made up of the employee,s Department Head, Personnel, and Finance Directors. Approval for participation in the reimbursement program should be made prior to enrolling in the course. The committee will forward the recommendation to the City Manager who will have the final appro- val for payment. Employees are eligible for a maximtml of $750 per fiscal year on a first come basis, but in no case will reim- bursement funds be approved that exceed the budgeted allowance. 10/1/91 -48- This benefit will not be retroactive and will only cover classes taken in the fiscal year applied for. (see Civil Service Rules Regulations, RUle XI, Section 6) -49- 10/1/91 ARTICLE 23 SAVINGS CLAUSE Section 1. If any article or section of the Agreement should be found invalid, unlawful~ or not enforceable, by reason of any existing or subsequently enacted legislation or by Judicial authority, all other articles and sections of this Agreement shall~-- remain in full force and effect for the duration of this AgreemenT. -50- 10/1/91 Al~TImr.m 24 DUES DEDUCTION~ Section 1. FOr all union business, employees covered by this agreement should contact the union office, located at 410 NE 3rd Street, P.O. Box 449, Boynton Beach,'FL 33425-0449, (407) 7~?-2~66. Effeutive~immedia~ely,~emp~toy~es'covere~byt~is- Agreement ~ma¥~n,t,he prescribed form~ authorize.payroll deduc- tions for the purpose of paying Local 1227 dues. Employees shall receive copies of the form from their Union office. Section 2. The Union will initially notify the City as to the amount of dues. Such notification will be certified to the City in writing over the signature of an authorized officer of the Union. Changes in Union membership dues will be similarly cer- tified to the City and shall be done at least one (1) month in advance of the effective date of such change. To revoke the payment of Union dues, the employee shall go to the Union office and Union staff shall prepare and mail notice of such change to the City's Finance Department. Section 3. Dues shall be deducted each pay period and remitted monthly and the funds shall be remitted along with a list of employees contributing to the Treasurer of Local 1227 within fif- teen (15) days after the end of the month. The Union will indem- nify, defend, and hold the City harmless against any claims made or suits instituted against the City on account of payroll deduc- tion of Union dues. 10/1/91 Section 4. For the purpose of putting this article into effect, the Union will furnish forms for such individual authorization, reading as follows: (see attached) -52- 10/1/91 NOTICE TO EMPLOYER AND UNION' AUTHORIZATION FOR DEDUCTION/DISCONTINUATION OF UNION I hereby authorize my employer to deduct from my salary each pay period my Union dues, as certified to the employer by the Union, and to transmit this amount to the Treasurer of the Union. I understand that this authorization is voluntary and I may revoke it at any time by giving my employer and the Union thirty (30) days advance notice in writing. Date Job Title Signature Name Printed Social Security No. -53- ARTI~r.~e 25 PEI'~ION Section 1. Employees will continue to participate in the employees pension plan of the City of Boynton Beach Ordinance No. 88-43, as amended. A copy of the plan's annual actuarial valuation report will be provided to the Union, in its entirety, upon request from the Union. -54- 10/1/91 ARTICLE 26 DURATION Section 1. Upon formal ratification by the Union, adoption by City Commission and signing by the parties, this Agreement shall become effective as of October 1, 1991, and remain in full force and effect until 30, 1994, except~ ~or during FY 92/93 and FY 93/94, 1 adjustment and step plan and/or merit plan shall be reopened for negotiations. Either party shall notify the other in writing, not prior to March 1st of each fiscal year mentioned above, expressing a desire to negotiate the reopening of Article 20. If not notified by May 1st of each fiscal year mentioned above, the current contract language shall remain in effect until the next fiscal year. Initial proposal and negotiations shell commence within sixty (60) days from receipt of notice by either party. -55- 10/1/91 ARTICL~ 27 Section 1. The City will issue a newly-hired employee the following uniforms thirty (30) days after starting work: 5 green short-sleeve or long-sleeve work shirts 5 green work pants 5 tees shirts Section 2. Employees have been furnished a uniform and must wear their uniform to work. Bargaining unit members are being given a sufficient number of uniforms to make a neat, clean appearance at work every day. Bargaining unit members will not be allowed to start work each day unless they are in full uniform. Employees must purchase additional uniforms if necessary to comply with this Section unless the uniform is replaced pursuant to Section 6 of this Article. Section 3. Bargaining unit members agree to maintain the uni- forms and to hem the pant leg properly. (There will be no cutting orripping of raw, unfinished edges, rolling up, stapling or scotch taping.) -56- 10/1/91 Section 4. The City Manager,. in his/her sole discretion, may permit employees in certain classification to wear shorts. When worn, shorts must be neatly tailored from the uniform pants and hemmed without frayed edges or cuts, and must fall within four (4) inches of the kneecap. During the term of~ this Agreement and thereafter, the City Manager in his/her sole dis~retion may change the decision made under this Sec. tton and, the Union agrees to waive any bargaining over such changes. Section 5. Bargaining unit members will be entitled to a reissue. Reissue of uniforms on an annual basis consists of three work pants and three work shirts, w~th an option of two T- shirts for every work shirt. (This option is determined by the employee's needs.) Section 6. Uniforms destroyed or damagedwhile being worn on the Job will be replaced provided a memo outlining the cause of the damage is provided. Ail issues being replaced must be turned in for the new issue and recorded. Section 7. Bargaining unit members agree that they will not wear the uniforms any other place except to and from work, and at work. City uniforms are not to be worn on outside Jobs, to be given to non-City employees, or worn in any public places that serve alcoholic beverages. '57- 10/1/91 ARTICLE ~28 SUBSTANCE ABUSE Section 1. There will be a drug testing program established during the life of this contract and approved by the City Commission. Once approved by the City Commission, the drug testing program~wi!l apply to all members of this bargaining unit. -58- 10/1/91 ARTICLE 29 MANAGEMENT RIGHTS Section 1. Except -- and only to the extent -- that specific provisions of this Agreement expressly provide otherwise, it is hereby mutually agreed that the City has and will continue to retain, the right to organize, plan, direct, control, operate, and manage its affairs and those of its employees in whatever manner it deems appropriate in each and every respect. The par- ties to this Agreement hereby agree that, in construing this sec- tion, the legal principle that "the expression of one item is the exclusion of another" shall not apply. Rather, full effect shall be given to the intention of the parties that management shall retain all constitutional, ordinance, inherent, common law, or other rights except to the extent specific provisions of this Agreement expressly provide otherwise. The Union recognizes the prerogatives of the City to operate and manage its affairs in all respects; and the powers and authority which the City has not abridged, delegated or modified by this Agreement are retained by the City. The rights reserved to the sole discretion of the City shall include, but not be limited to, the right: A. To determine the purpose and mission of the City and all its employees, to determine the amount of budget to be adopted, and to exercise control and discretion over the organization and operation of the City in all respects, -59- 10/1/91 including the right to determine whether goods or ser- vices are to be made, provided or purchased and to decide, the design and maintenance of the depar=ments, facilities, supplies, and equipment. B. To maintain economic stability. C. To change or eliminate existing methods of operation, equipment, or facilities, and to adopt and implement technological changes or improvements including, but no= limited to, vehicles, and all other materials or supplies. D. To determine the methods, income, and personnel by which such operations are to be conducted including the right to contract and sub-contract existing and future work. E. To select, hire, test, classify, promote, train, assign, retain~ evaluate, lay-off, schedule, and determine the qualifications of all employees. F. To suspend, demote, discharge, reprimand, or take other disciplinary action against employees for Just cause. G. To determine the organization of City government. H. To determine the purpose and extent of each of its constituents, departments and positions therein. I. To set standards for service to be offered to the public, and standards for the performance of duties of Job assignments. -60- 10/1/91 Ne TO manage and direct the work of the employees of the City, including the right to assign work and overtime. To establish, determine, implement and maintain effec- tive internal security practices. To determine the number, type and grades of positions or employees assigned to an organizational unit, department or project. To determine lunch, rest periods, and clean-up times, of hours be posted, and will not be altered in the midst of normal pay periods. To adopt orenforce cost or general improvement programs. In a civil emergency, to use personnel in any lawful manner. Section 2. If, in the sole discretion of the City, it is deter- mined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, hurricane conditions, tor- nado, or other emergency conditions, the provisions of this Agreement may be suspended by the City during the time of the declared emergency. -61- 10/1/91 Section 3. Delivery of City services in the most efficient, effective manner as determined by the City, is of 9aramount lmgortance. Accordingly, the Union agrees that it will instruct its members t~ work diligently in performing the duties assigned and as instructed by the City of Boynton Beach. Section 4. The Boynton Beach City Co~lssion has the sole authority to determine the purpose and mission of the City government and the amount of the budget to be adogted by the Cl=y government. -62- 10/1/91 ARTICLE 30 PROBATIONARY PERIOD Section 1 to a probationary period of one (1) year. All newly hired or~rehired.employees shall be subject Section 2. Ail promoted employees shall be subject to a proba- tionary period of six (6) months. 10/1/91 Agreed to this ~day of 1992, by and between the respective parties throUgh the authorized representatives of the Union and the City. INTERNATIONAL BROTHERHOOD OF FIREMEN AND OILERS Witness By: president Witness CITY OF BOYNTON BEACH, FLORIDA By: Witness Mayor Witness ATTEST: City Clerk Approved as to Form and CorreCtness: City Attorney City Manager -64-