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2367 COS & Sanford FF/IAFF (EMT, FF, Paramedic)0�0 AGREEMENT BETWEEN CITY OF SANFORD AND SANFORD PROFESSIONAL FIREFIGHTERS LOCAL 3996 IAFF (Fire Fighter/EMT/Engineer and Fire Fighter/Paramedic) Effective October 1 201.9 to September 30 2422 AGREEMENT BETWEEN LOCAL 3996 IAFF (Fire Fighter/EMT/Engineer and Fire Fighter/Paramedic) Effective October 1, 201.9 to a member 30 2022 TABLE OF CONTENTS ARTICLE 1: PREAMBLE 4 ARTICLE 2: RECOGNITION 5 ARTICLE 3: PREVAILING RIGHTS, RULES, AND REGULATIONS .................................... 6 ARTICLE 4: NON-DISCRMNATION 8 ARTICLE' 5: STAFFING AND EQUIPMEN't ............................................................................. 9 ARTICLE 6: SCOPE OF DUTIES.............................................................................................. 10 ART10,11 7: MANAGEMENT IZIGHTSI I AR'FICLE 8: DISCIPLINIAND DISCHARGE 14 ........................................................................ ARTICLE 9: GRIEVANCE PROCEDURE ................................................................................ 15 ARTICLE 10: EDUCATIONAL, ASSISTANCE ........................................................................ 21 ARTICIJ-,3 11: INSURANCE, ....................................................................................................... 22 ARTICLE 12: VOTING AND CIVIC SERVICE ....................................................................... 23 ARTICLE'13: DRUG. ALCOIJOI., ANI) ME'DIC.Al,"I't,STING .............................................. 25 ARTICLE 14: UNION BUSINESS ............................................................................................. 29 ARTICLE' 15: BtJLLETIN BOARDS ......................................................................................... 31 ARTICLE 16: DISTRIBUTION AND SOLICITATION .............................................. ............ 32 ARTICLE' 17: DUE'S Dfl,'I)t,J(-,"I'IONS ......................................................................................... 33 ARTICLE 18: WORKER'S COMPENSATION AND LIGHT DUTY ...................................... 34 ARTICI-l" 19: PROMOTIONS .................................................................................................... 36 ARTICLE 20: MILITARY DUTY .............................................................................................. 38 ARTICLE, 21: SEVERABILITY ................................................................................................. 39 ARTICLE 22: WORK STOPPAG'ES .......................................................................................... 40 ARTICLE23: WAGES ............................................................................................................... 41 ARTICLE 24: H(.)t-,JRS Of'WORK AND OVERTIME 43 ............................................................. ARTICLE' 25: ('ALI, BACK PAY .............................................................................................. 44 ARTICLE 26: WORKING OUT" OF CLASSIFICATION 45 ......................................................... ARTICLE 27: PREk"I"'PTOR PAY .............................................................................................. 46 ARTI(I'LE 28: EDUCATION INCENTIVE 47 ARTICLE 29: RETIREMENT BENEFITS ................................................................................. 48 ARTICLE 30: PAID TIME OFIl . ................................................................................................. 49 Page 2 of'61 ARTICLE 31: HEIALTH AND WELLNESS PROGRAM ......................................................... 51 ARTICLE32: 1 IOLIDAYS ......................................................................................................... 52 ARTICLE33: SICK LEAVE ...................................................................................................... 53 ARTICLE 34: 13 R FA V f M F" N'l ................................................................................................. 54 ARTICLE 35: LEAVES OF ABSENCE WITHOUT PAY ........................................................ 55 36: RECERTIFICATION .......................................................................................... 56 ARTICLE37: TOBACCO USE .................................................................................................. 57 ARTICLE 38: ENGINEIER INCENTIVElz 0 Jo ARTICLE 39: SPECIALTY PAY ............................................................................................... 59 ARTICI..,E 40: 457 DFfl.."'RRED COMPENSA'T'ION PLAN ...................................................... 60 ARTICLE 41: ENTIRE AGREEMENT/DURATION ................................................................ 61 Page 3 of761 This Agreement is between the City of" Sanford, Florida, hereinafter called the "City- and the S;Iill*()]-(l 1)1-()I,(,Ssl()11;11 1"Irefit;11tcrs, Local 3996, lici-cliuificr callcd the "Union". Any reference to City of Sanford Personnel Rules and Regulations throughout this agreement shall mean the most current approved and adopted City of Sanford Personnel Rules and Regulations and Administrative Policies. Page 4 of 61 I. The City recognizes the Union as the exclusive bargaining agent for all employees in the job classifications included iii PERC Certification No. RC -2000-01. Currently included in the bargaining unit are all regular, full-time employees of the City of Samford in the classification of Fire Fighter/EIMT/Engineer and Fire Fighter/Paramedic. Employees in these classifications shall be covered by the terms of this Agreement unless excluded by mutual agreement of the parties, or excluded from the bargaining unit by PER('. Excluded from the bargaining unit are the Fire Chief, Deputy Fire Chief, Fire Marshal, Battalion Chief -Operations, Battalion Chief- EMS, Battalion Chief -Training, Fire Protection Inspector, Fire Lieutenant and all other City employees. Page 5 of 61 ARTICLE 3: PREVAILING RIGHTS, RULES, AND REGULATIONS 1. Except as otherwise provided herein, the wages, hours, and other conditions of employment of the bargaining unit employees shall be those specifically set forth or specifically incorporated by reference in this Agreement. 2. Except as modified by a specific provision of this Agreement, the Union agrees that the employees covered hereunder shall comply with all rules, regulations, policies, procedures, and operating bulletins ol"the City and the Fire Department, and any amendments thereto. 3. Should the City and/or the Department exercise this right to formulate, amend, revise, and/or implement any and all rules, regulations, policies, procedures, and/or operating bulletins, the City or the Department shall provide a courtesy copy of any new (or amended) rule, regulation, policy, procedure, or operating bulletin to the Union at least ten (10) calendar days prior to the effective date of implementation. Simultaneous with providing a courtesy copy to the Union, the City or the Department shall post at each lire station the new (or amended) rule, regulation, policy, procedure, or operating bulletin. -Posting'" may be accomplished through electronic mail, telecommunication, bulletin board posting, or any other appropriate means. 4. In the event the City or the Department exercises its right to issue a new (or amended) rule, regulation, policy, procedure, or operating bulletin, no bargaining unit employee shall be disciplined for violation of any such new or amended rule, regulation, policy, procedure, or operating bulletin until the City and/or the Department has informed the Union of its posting of such new or amended rule, regulation, policy, procedure, or operating bulletin in accordance with Page 6 of 61 the procedure set forth in paragraph 3 above. For the purpose of this Article, hand delivery or mailing to the Union President, Vice President, or Secretary/Treasurer shall be deemed service upon the Union. Mailing shall be effective upon deposit in the United States Mail by the City or the Department. Page 7 of 61 ARTICLE 4: NON-DISCRIMINATION 1. Neither the Union nor the City shall discriminate against or harass any employee on the basis of any status protected by applicable law or Union membership or non -membership. 2. if and in the event, an employee elects to seek rernedy Im- alleged discrimination or harassment by the filing of complaint with EEOC. or KIM, then in that event., the subject of such complaint may not also be grieved. Page 8 of61 ARTICLES: STAFFING AND EQUIPMENT The City shall determine the identity, number, skill level, and type of personnel to be assigned the shifts, apparatus, and equipment. The City shall also determine the type and number of equipment and apparatus to be used in the provision offire and rescue services. Page 9 of 61 ARTICLE 6: SCOPE OF DUTIES 1. Bargaining unit employees shall be responsible for performing any and all job duties Calling within the generic scope of tire/rescue services. Additionally, bargaining unit employees may be tasked with performing unrelated duties as the need arises. Bargaining unit employees shall comply in a timely manner with all written and verbal orders given by superiors, even if such orders are alleged to be in conflict with this Agreement, unless such order clearly places the employee's life in unnecessary danger. Page 10 of 61 ARTICLE 7: MANAGEMENT RIGHTS 1. Except as specifically restricted by the provisions of this Agreement, the City has the sole and exclusive right to manage and direct any and all of its operations. Accordingly, the City specifically, but not by way of limitation, reserves the sole and exclusive right to: Determine the purpose and organizational structure of the Fire and Emergency Service; ii) Exercise control and discretion over the organization and efficiency of operations of the Fire and I'Ariergency Service, iii) Set minimum performance standards for service to be offered to the public; iv) Increase, reduce, change, modify or alter the size and composition of the work force; V) Determine the location, methods, means and personnel by which operations are to be conducted, vi) Change or modify duties, tasks, responsibilities or job descriptions due to operational requirements of the Fire and Emergency Service; vii) Transfer, assign, schedule employees in positions within the organizational structure of the City and the Fire and Emergency Service-, viii) Change or modify the number, types, and grades of'positions or employees assigned to an organization, unit, division, department, or project, ix) Decide the scope of the service; X) Hire, examine, classify and/or otherwise determine the criteria and standards of selection for employment, xi) Fire, demote, Suspend or otherwise discipline bargaining unit employees for just cause; Page 1 1 of 61 xii) Test employees pursuant to the provisions contained herein and/or the City's Drug Free Workplace Policy; xiii) Promote and/or otherwise establish criteria and/or procedures for promotions within and without the bargaining unit-, and determine the number and types of positions as well as the number and types of positions in each classification, grade, step or designation in any plan which is or may be developed by the City; xiv) Layoff and/or relieve employees from duty due to lack of work or lack of funding or any other reason in accordance with City policies; xv) Recall employees in accordance with City policies; xvi) Determine the starting and quitting time and the number of hours and shifts to be worked; xvii) Determine the allocation and content of job classifications; and determine all training parameters for all City positions, including persons to be trained and extent and frequency oftraining, xviii) Formulate and/or amend job descriptions; xix) Merge, consolidate, expand, curtail, transfer, or discontinue operations, temporarily or permanently, in whole or in part, whenever in the sole discretion of the City good business judgment makes such curtailment or discontinuance advisable, xx) Contract and/or subcontract any existing or future work; I xxi) Create, expand, reduce, alter, combine, assign, or cease any job; xxii) Determine whether and to what extent the work required in its operation shall be performed by employees covered by this Agreement; xxiii) Control the use of equipment and property of the City and determine the number and classitications of employees assigned to any shill, station or piece of equipment; xxiv) Determine the maintenance procedures, materials, facilities, and equipment to be used, and introduce new or improved services, maintenance procedures, materials, facilities and equipment; xxv) Take whatever action may be necessary to carry out the mission and responsibility of the City in unusual and/or emergency situations; Page 12 of 61 xxvi) Maintain the efficiency of the operations of the Department; xxvii) I -lave complete authority to exercise those rights and powers which are incidental to the rights and powers enumerated above. 2. The above rights ofthe City are not all-inclusive but indicate the type ofmatters of rights which belong to and are inherent in the City. Any of the rights, powers, and authority that the City had prior to entering into this collective bargaining agreement are retained by the City. If the City fails to exercise any one or more of the above functions from time to time, this will not be deemed a waiver of the C.ity's right to exercise any or all of such functions. Page 13 of 61 ARTICLE 8: DISCIPLINE AND DISCHARGE I. The City Manager, or his designee, may fire, suspend, demote. or otherwise discipline any bargaining unit employee for just cause. 2. In the event that a suspension, demotion or discharge action is taken against a bargaining unit employee, lie/she shall be furnished a written statement specifying the grounds that may exist for Such action. Additionally, the bargaining unit employee may be provided with an opportunity to discuss such action with the Fire Chief (or his designee) and/or the City Manager (or his designee) prior to such action becoming final. 3. All new hires shall serve a probationary period of at least one year. This probationary period may be extended at the discretion of the Fire Chief. Probationary employees may be separated From employment at any time, with or without cause. Probationary employees may not avail themselves of the grievance and/or arbitration provisions of this Agreement regarding any matter relating to the evaluation of their job performance or separation from employment. Page 14 of 61 Section 1. Bargaining unit employees will follow all written and verbal orders given by superiors, even if such orders are alleged to be in conflict with this Agreement. Compliance with Such orders will not pre.judice the right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution ofthe grievance. Section 2. A "grievance" is a claimed violation of this Agreement, including, but not limited to, the claim that a discharge or other disciplinary action violated a specific provision of this Agreement. No grievance will, or need be, entertained or processed, unless presented in the manner described herein, and unless filed in a manner provided herein within the time limit prescribed herein. Grievances are limited to claims which are dependent for resolution upon interpretation or application of'one or more express provisions of this Agreement. Section 3. Grievances will be processed in the following manner and strictly in accordance with the following stated time limits: STET ON IF: The aggrieved employee shall present his grievance in writing to the employee's Battalion Chief within ten (10) calendar days of the Occurrence of the event(s) which gave rise to the grievance on the prescribed grievance fowls, which shall be standard forms used throughout the grievance procedure. Upon receipt of the grievance, the employee's Battalion Chief shall forward a copy of the grievance 'to the Fire hief and the City's Personnel Director. The grievance shall be signed by the employee and shall state: (a) the date of the alleged events which gave rise to the grievance; (b) the specific Article or Articles and Sections of this Page 15 of 61 Agreement allegedly violated; (c) staternent of fact pertaining to or giving rise to the alleged grievance; and (d) the specific relief requested. The Battalion Chief shall, within ten (10) calendar days after presentation of the grievance, render his decision on the grievance in writing with copies to the Grievant, the Fire Chief, the Personnel Director, and the Union. 5'1'1;1' 'TWO: Any grievance which cannot be satisfactorily settled in STEP ONE above shall then be taken up with the Fire Chief or his designee. The grievance, as specified in writing in su-p ONF above, shall be filed with the Fire Chief within ten (10) calendar days after the due date for the Battalion Chiefs response in STU'll) ONFabove. I'lle Fire Chict"or his designee shall conduct a fact- finding meeting with the Grievant, his/her lAFF representative (if any), and the Battalion Chief. Thereafter, the Fire Chief shall issue his decision in writing on the grievance, with copies to the Grievant, the Personnel Director, and the Union within ten (10) calendar days after presentation of the grievance at the fact-finding meeting. STEP THREE: grievance rievance which cannot be satisfactorily settled in STFII TWO above shall then be taken tip with the City Manager or his designee. "Pile grievance, as specified in writing in STET ONE above, shall be filed with the City Manager within seven (7) calendar days after the due date to[- the Fire Chiefs response in STEP TWO above. 'file City Manager or his designee may conduct a meeting with the Grievant, his/her IAFF representative and appropriate Department managers. Thereafter, the City Manager shall issue his decision in writing on the Page 16 ol.'61 grievance, with copies to the Grievant, the Union, and the Department within ten (10) calendar days after the presentation of the grievance at this Step. Section 4. If the Union is not satisfied with the City Manager's decision in SITIT THRI'll," above, the Union, may request arbitration by hand delivery or by certified or registered mail of a written notice to the City Manager within seven (7) calendar days of receipt of the City Manager's written decision. Said written notice ofarbitration shall include a written statement of the position of the Grievant with respect to the issues upon which arbitration is being sought. Under no circumstances shall the issues to be arbitrated be expanded from the issues set forth in the original grievance filed as STEP ONE of the grievance procedure. The Union retains the sole and exclusive right to determine whether any particular grievance shall be forwardcd to arbitration, and the Union retains the right at any time prior to the issuance of a final Arbitrator's Award to withdraw a grievance with prejudice. Section 5. Within ten (10) calendar days from receipt of such notice of arbitration, the parties shall meet to select an arbitrator. In the event the parties cannot agree on an arbitrator, they shall, within five (5) calendar days, jointly request a list of nine (9) qualified arbitrators from the Federal Mediation and Conciliation Services. The Union and the City will alternately eliminate one at a time from said list of" names persons not acceptable, until only one (1) remains, and this person will be the arbitrator. The City and the Union will alternate in the right to first strike names in successive arbitrations, with the strike of the first arbitration panel to be determined by the toss of coin. Section 6. As promptly as possible after the arbitrator has been selected., lie/she shall conduct a hearing between the pat -ties and consider the grievance. The decision of the arbitrator Page 17 of 61 will be served upon the individual employee or employees involved, the City, and the Union in writing. The expenses of the arbitration, including the fee and the expenses of the arbitrator, and the appearance 1ee for the court reporter shall be shared equally by the parties. Any party desiring a transcript of the hearing shall bear the cost of its transcript unless both parties mutually agree to share the cost. Each party shall bear the expense of its own witnesses and of its own representatives for purposes of the arbitration hearing. Section 7. The arbitrator will confine his/her consideration and determination to the written grievance presented in STEP ONE of" the grievance procedure. The arbitrator shall have no authority to substitute his/her judgment lor that of management and/or to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereofor amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not subject to arbitration or which is not a grievance as defined in this Agreement; nor shall this Collective Bargaining Agreement be construed by the arbitrator to supersede applicable state and federal laws or City ordinances or resolutions, except to the extent as specifically provided herein. Section 8. The arbitrator may not issue declaratory opinions and shall confine himself/herselfeXCILISiVely to the question which is presented to him/her, which question must be actual and existing. The party filing the grievance and requesting arbitration shall, at all times, have the burden of proving by clear and convincing evidence that a specific provision of this Agreement was violated. Either party shall be entitled to seek review of the arbitrators decision in the Circuit Court. The parties agree that the standard of review of the arbitrator's decision shall Page 18 of 61 be whether the arbitrator had clear and convincing evidence to establish that the City or the Department violated a specific provision of this Agreement. Section 9. No decision of any arbitrator or of the City in one case shall create a basis for retroactive adjustment in any other cases. All claims for back wages shall be limited to the amount of wages that remain budgeted for the position of the particular employee involved, less any unemployment compensation and/or interim earnings that he/she received during the period involved. Section 10. It is agreed, with respect to the above wages or retroactive adjustment, that no arbitrator shall have the right to determine that back wages or other retroactive adjustment shall be awarded for a period in excess of four (4) months prior to the date of the grievance which is being ruled upon. Section 11. It is agreed, with respect to this grievance and arbitration procedure, that: (a) It is the intent of the parties that a grievance must be raised at the earliest possible time. Any grievance, in order to be entertained and processed, must be submitted in a timely manner by the Grievant. (b) Grievances not Submitted by the Grievant in a timely manner shall be conclusively barred on the merits following the expiration of" the prescribed time limit. Such a time-barred grievance may not be entertained or processed, and only facts disputed as to timing will be the subJect of any arbitration resulting from the matter. A grievance which is for any reason not the subject of a timely response by the City or by the Department shall require the Grievant to proceed to the next Step, and failure of the Grievant to proceed on a timely basis to the next Step shall bar the grievance. however, in any grievance proceeding, when the City or the Department fails to Page 19 ol.'61 give a timely response, the Grievant shall be given an additional two (2) calendar days to be added to the time limit required for his next filing. Section 12. Nothing in this Article shall be construed to prevent any employee from presenting his/her own grievance at STEPS ONE', TWO and/or THRET of this grievance procedure with whomever he/she wants to represent him. It is understood that either an individual, an attorney, or the Union may represent a Grievant, but Linder no circumstances shall more than one person represent the Grievant at any step of the grievance procedure. The t,.Jnion retains the sole and exclusive right to process and request any grievance pursuant to Section 4 (arbitration) of this grievance procedure. In the event the City is notified that the Grievant is representing himself/herselfor is otherwise not being represented by the (Jiiion, the City shall so notify the Union. The Union may monitor and attend such grievance steps but may not participate otherwise. Section 13. Where a grievance is general in nature in that it applies to a group of employees rather than a single employee, or if the grievance is directly between the Union and the Department or the City, such grievance shall be presented in writing directly to the Fire Chief within ten (10) calendar days of the occurrence of the events which gave rise to the grievance. The grievance shall be signed by one or more aggrieved employee or an officer of Local 3996, Thereafter, the grievance shall be processed in accordance with the procedures set lorth in STEPS TWO and THRI'T' above; provided, however, that the grievance must contain the detailed information required in STLT ONE above. Page 20 of 61 ARTICLE 10: EDUCATIONAL ASSISTANCE 1. Employees covered hereunder are eligible for participation in the City's educational assistaticc/tuition reimbursement program to the same extent that the program is available to other City employees except that they City shall pay for the full tuition cost of the paramedic program for bargaining unit members who are pursuing their Paramedic certification. 2. All other conditions pertaining to the City's educational assistance/tuition reimbursement program, including eligibility standards for participation, the amounts of reimbursement, and the liability for repayment, shall be governed by the guidelines set forth in the City's Personnel Rules and Regulations. The City shall have the unilateral discretion to determine whether a matter does or does not fall under the City's educational assistance/tuition reimbursement program. F'ach determination as to whcther or not a matter falls under the City's educational assistance/tuition reimbursement program shall be applied equally to management and bargaining unit members. Page 21 of 61 ARTICLE 11: INSURANCE 1. The City shall provide insurance for all bargaining unit employees and their dependents hi the same manner as all other City employees. The City shall also provide any additional insurance required by Florida law. Page 22 of'61 ARTICLE 12: VOTING AND CIVIC SERVICE I. Employees who are unable to vote during their off-duty holli"s (Inc to the location of their voting precincts and their work schedules may be 1)cri-nitted leave Nvith pay (not to exceed t\V0 1101,11-S) to enable thein to vote. TO (ILIalik' f01- such leave kith pay, the employee shall tile a w,ritten reL]LICSI \Vith the Deputy Fire Chief advising hin, of the reasons Im requesting leave and providing him/her \Nith conlirmation of'precinct location and v oter registration. Such request must be made at least seven (7) calendar days in advance. 2. 1 !pon receipt ofa timely in(] proper request in accordance with paragraph I above. the I)el)Llt\ Fire Chief Shall SChCdUIe the ClnI)Jo\'ee's N,ojillt! time: in such rr manner as to not inted'ere \\i(h operational requirements. It is Undcrstood that employees covered hereunder are normally mare of` their Upcorning, k\ork schedUIC. and, therefore, call vote by absentee ballot it' their mwk schedule causes a conflict with their ability to vote. It, thcreforc. is further Understood that there is no entitlement to leave with pay 16r voting and that operating, requirements ma\ Ill-CCILI(IC such tillIC off(eVell if prc� iously authorized h the Deputy Fire ('11jej). 3. Ali employee called 601- 1 led or summoned to appear as i JLH. or subpoen, Itiless (including depositions or inectinos with attorneys) on behalf'ol'the ( 'ity. or as a I-CA11t 01' pert'orming, their normal (ILItiCS Oil IjeIlajf*()j'jjje ('It\r, shall be granted ICI\'C OfabSenCe wjtjj pa\ from scheduled dLlt\' (tor actual tillIC Utilized) and shall be paid in accordance \N ith this agreement Sh0UId the S111-11)oella. interview, or deposition occur k� Ili le offduty, upon presentation of'suninlons Or SLIbIlOCIla to his/her Commanding Officer. Any Ices received [Or jury duty or witness service Page 23 of 61 kvhile the employce is in full pay statLIS sliall he remitted to the City. To qualify flor paid leave of absence Iorjury dLItN! or witness service, the employee 111USt SUbmit a written Leave RcqLICSI Form to his Cornmandinj.,,, Officer and the Fire Chief (in addition to the summons or subpoena) t'()r appropriate approval. 4. Leave with p% I*or appearance as a \\itness sJ1,111 not he oranted when the emplovee is the detcndant in a criminal proceeding. iscrigaged in personal litigation ofam nattil-C, L- or is an adveSC party to the City in anyprocecdim, 5. The Citv shall continue its existing policies with respect to military leave 1`6r bargaininl� Unit C111PIONVeS Servillo in the Armed Forces, i 1 17 including the National (Juard. Page `4 ol'61 ARTICLE 13: DRUG, ALCOHOL, AND MEDICAL TESTING 1. The City, the Union, and the employees covered hereunder mutually agree that employee Substance and alcohol abuse constitutes a danger to the employee, fellow employees, and the general public. It is Further agreed that the safety of public property and equipment and the image of the City and its employees are placed in jeopardy if an employee is involved in substance or alcohol abuse. 1) Accordingly, the LInion and the employees covered hereunder agree that the City shall have the right and authority to require employees to submit to drug and alcohol testing to detect the presence ofany controlled substance, narcotic, drug, or alcohol as a part of any physical and/or psychological examination for the purpose ot'determining an employee's fitness for duty or otherwise in accordance with City and Departmental policy and practice. 3. 1f a bargaining unit member is involved in an accident while driving a City vehicle, or sustains work-related injuries as a result of an accident wherein medical treatment beyond first aid is provided, the City shall require the bargaining unit member to submit to drug and/or alcohol testing. The Alcohol/Drug screen is to commence immediately after the employee receives initial physician administered medical treatment and according to the Current City of' Sanford time parameters as outlined in the Personnel Rules and Regulations 4. Further, the City shall also have the right and authority to require employees to Submit to substance and alcohol testing based on circumstances that indicate reasonable suspicion to believe that the employee is under the influence of a controlled substance, narcotic, drug, or alcohol; suffers from substance or alcohol abuse; or is in violation of any City, Departmental, or Page 25 of 61 state rule, regulation, or law regarding the use of such substance or alcohol. The City shall have -reasonable suspicion" under this paragraph if it possesses information upon which the suspicion is based is reliable. S. (Jpon reasonable suspicion that an employee has been on duty or has reported for duty with any controlled substance, narcotic, drug or alcohol in his system; the City Manager, the Human Resources Director, the Fire Chief or their designee may order an employee to submit to any type of toxicology or alcohol testing determined appropriate. Any testing administered under this Article shall be administered in accordance with such professional standards as have been adopted by the City. 6. Employees who are using any over-the-counter drugs or medications or any drugs or medications lawfully prescribed by a physician must provide this information to the City physician, and/or other City designated entity obtaining a sample at the time a sample is provided. 7. Employees who refuse to comply with the provision of this Article, including but not limited to refusing to report for drug or alcohol testing at the time and place directed or providing an altered sample, will be subject to disciplinary action up to and including dismissal. 8. Employees may request Union representation during any of the testing procedures, provided that the Union representative does not in any manner interfere with, or delay, the testing procedures or jeopardize the security ofthe tests. 9. The City and the Union encourage employees to voluntarily enter a rehabilitation program. The parties agree that the City has the sole authority to establish, maintain and/or continue a City approved/sponsored rehabilitation program and that any approval for an employee to enter any rehabilitation program may be limited by the City to one opportunity during an Page 26 of 61 employee's employment. An employee may be allowed to voluntarily enter City approved/sponsored rehabilitation program, assuming that the employee has had no history of Substance influence or use and that no disciplinary action is pending (and further that the employee has done nothing for which he/she could be subject to disciplinary action) at the time of such request. 10. 11" an employee is allowed to enter a City approved/sponsored rehabilitation program in accordance with the preceding paragraph, then, upon successful completion of rehabilitation (as determined by a City designated physician) the employee shall be returned to his/her regular duty assignment or the equivalent thereof if cleared by the physician. If follow-up care is prescribed after treatment, such may be imposed by the City as a condition of continued employment. 11. Immediately upon an employee's discharge from a rehabilitation program, the employee will provide the City with documentation of the follow-up care requirements as well as permission for the City to ascertain whether the employee has been and/or is abiding by the program requirements. Moreover, the parties agree that entry into such a rehabilitation program shall be deemed to constitute reasonable suspicion that the employee has in his/her system or is using controlled substances, narcotics, drugs or alcohol, and that, accordingly, the employee may be subject to four (4) appropriate testing procedures, as required by management, for a period not to exceed 12 months from the date that the employee returns to duty. Should an employee refuse to submit to testing in accordance with the provisions of this paragraph, to voluntarily enter a City approved/sponsored rehabilitation program, to successfully complete and otherwise comply with the requirements of such program, to comply with the requirements of any follow-up care, or, Page 27 of 61 should the employee test positive for drugs, controlled substances, narcotics or alcohol during the aforesaid 12 month period, the employee shall be immediately dismissed. 12. The City retains the absolute right to determine whether the specific circumstances of positive test results warrant discharge or a lesser disciplinary action. The failure ofthe City to impose a particular disciplinary action in one situation will not prejudice the City's right to impose Such (or a different) disciplinary action in another situation. Similarly, the lailure of the City to extend an opportunity to enter a City approved/sponsored rehabilitation program to an employee will not prejudice the City's right to extend an opportunity in another situation. 13. Notwithstanding any other provision of this Article, the City reserves the right to administer random drug testing unless Such drug testing is declared unlawful tinder federal and/or Florida law. Page 28 of 61 ARTICLE 14: UNION BUSINESS 1. The President of the Local Union or his/her designee (alternate) shall represent the Union. It shall be the responsibility of the Union to notify the City in writing of any change of the designation of the President or his/her designee. (Neither the President nor his/her designee will be recognized by the City unless the Fire Chief and the human. Resources Director receives such written notification.) 2. It is the City's position that bargaining unit employees, Union officers, and Union representatives shall be paid by the City only when they perform assigned fire and rescue duties and/or work directed by the City. To the extent that these employees wish to perf'orm, Union duties (such as negotiations, grievance processing, attending Union conventions, etc.) during their normal work schedules, they may utilize annual leave or shift exchange, provided, however, that they comply with the rules otherwise applicable to annual leave and shift exchanges. 3. Dues paying bargaining unit members may donate Lip to three (3) hours of their PTO, using the approved City form, to the Union'T'ime Pool (ITIT) per fiscal year when the balance drops below 120 hours. The 3 hour donation will not count against the 48 hour donation of PTO as detined in Article 30 Section 8. t Jpon request froin the I.Jnion ])resident, the City will debit the LVIT balance for the number Of hours requested Ior a designated Union officer or member approved by the Union Executive Board to attend union conferences, seminars, convention, or other legitimate events approved by the Fire Chief or Deputy Fire Chief. Upon written request of the Union President, the City shall provide a list of the fund balance on September 30 of each year. Under no circumstance shall use of the UTP result in overtime cost to the City. flours in the UTP Page 29 of 61 shall carryover from year to year. The Union shall hold the City harmless for any errors and indemnify the City from any lawsuits, judgements, or other liability in connection with the UTP. Page 30 of 61 : 0 1 : I I . The Union shall have the use of each bulletin board existing on the date of this agreement; Such use is riot to exceed thirty six (36) inches by forty-eight (48) inches of the area of each Such bulletin board. 2. The Union may use the designated bulletin board(s) for posting notices of Union meetings, notices of Union elections and results, minutes of Union meetings, copies of the Union's constitution and by-laws and amendments thereto, notices of Union recreational, social, and business functions, conventions, names of Union officials and changes thereto, copies of this Agreement, and notices of dues increases. 3. The Union shall post no material which may be characterized as political (other than internal Union elections), which may encourage insubordinate behavior, which would impair the operations of the Fire Department, which is obscene, inflammatory, derogatory, or demeaning of City or Departmental officials or operations. All materials posted on the Union bulletin boards (or the alternate space provided on the Department's bulletin boards) will be signed by the Union President, or other [Jnion oft -icer, or member of the L`xecutive Board. A copy of all materials to be posted shall be provided to the Fire Chief, the Deputy Fire Chief, or their designee, prior to posting. Material not authorized by this Article may be removed by the City. Page 31 ol'6 t ARTICLE 16: DISTRIBUTION AND SOLICITATION The Union, its members, agents or representatives, or any person or persons acting on its behalf` shall not engage in: (A) soliciting non -Unit employees of the City during working hours; and (13) soliciting or distributing recruitment literature during working hours in areas where the actual work of City employees is performed, such as offices, warehouses, fire or police stations, and any similar public installations. Page 32 of 61 ARTICLE 17: DUES DEDUCTIONS Any member of the union, who has submitted a properly executed written dues authorization card or statement to the City may have his/her dues in the union deducted from his/her wages. Dues shall be deducted during the first and second pay period per month, and, shall, thereafter, be transmitted to the union or its designated depository. The City, however, shall have no responsibility or liability fior the improper deduction of any dues. Further, the union shall hold the City harmless for any errors in the administration of the dues deduction system. It shall be the responsibility of the union to notify the City of any change in the amount of dues to be deducted at least 60 days in advance of said change. Under no circumstances shall the City be required to deduct union fines, penalties, or non-uniform assessments from the wages of any member. 2. Any authorization for dues deduction may be canceled by the employee upon thirty (30) days written notice to the City with a copy to the Union. 3. When an employee quits, is discharged, or is laid oil. any unpaid dues owed to the union will be deducted from the employee's last paycheck. 4. The City may deduct from the payment made to the union the following expenses of administering the bookkeeping system related to the retention and transmittal of funds: (a) Thirty-five cents ($.35) per employee for each new enrollment. 5. No deduction shall be made from the pay of an employee during any payroll period in which the employee's net earnings for the payroll period are less than the amount of dues to be paid. Page 33 of 61 ARTICLE 18: WORKER'S COMPENSATION AND RESTRICTED DUTY 1. Compensation for employees injured on the job or in the course of performing his/her official City duties shall be governed by the Florida Workers Compensatioii Law and applicable City and Departmental policies. 2. An employee injured on the job or in the course of performing his/her official City duties may, in the City's discretion, he assigned to a temporary "restricted duty" assignment subject to and in accordance with applicable City and Departmental policies. The phrase -restricted duty" is defined within this Article as meaning that the employee was assigned to work at least a 40 hour work week. 3. The Departmental Restricted Duty policy written and effective in 2017 also is fully applicable to all bargaining unit met-nbers. 4. If a bargaining unit member becomes pregnant, she shall immediately iril'orril the Fire Chief. (a) The pregnant employee shall provide her job description to a physician of her choice. Tlie pregnant employee shall ensure that her physician informs the City of any basic job duties which the pregnant employee cannot perforin. The pregnant employee maintains the burden, throughout her pregnancy, to ensure that her physician provides the City with updates on the pregnant employee's medical condition and her ability to perform her basic job duties. (b) The City shall review the medical information and determine whether the pregnant employee can continue to perform shift work, with or without modification of her basic job duties. Page 34 ol'61 (c) If the City, in its discretion, determines that the pregnant employee cannot perform shift work, the pregnant employee will be eligible for restricted duty assignment, as determined by the City. The pregnant employee maintains the burden to inform her physician of her jab functions in her restricted duty assignment. The City will review any restrictions placed on the pregnant employee by her physician. (d) The City has the discretion to determine that a pregnant employee is not eligible Im restricted duty assignment. In the event the City makes such a determination, the pregnant employee can exercise all rights afforded her under the Family and Medical Leave Act (FMLA) and in accordance with applicable City policy. (e) In the event that a pregnant employee is assigned to restricted duty, the City has the discretion (subject to City review of all medical information provided by the pregnant employee's physician) to determine the amount of hours per week that the pregnant employee shall work on restricted duty. The assignment of work hours for restricted duty assignment shall not exceed 53 hours per week. (1) In the event that the City exercises its discretion to place a pregnant employee on restricted duty assignment, the City will allow the pregnant employee to work on a modified hourly rate to enable her to receive her normal average bi-weekly income with no reduction in accrued leave or benefits. This provision is not applicable once the pregnant employee is no longer on restricted duty assignment. (g) Upon notifying the Fire Chief of her pregnancy, the pregnant employee shall provide her physician with a full release which authorizes her physician to release all medical information to the City related to the employee's pregnancy. Page 35 o1*61 Promotions to positions within the bargaining unit shall be made based upon merit, as determined by the Fire Chicf, which includes: qualifications, training, education, knowledge, skills, abilities, .job performance, work history, and disciplinary history, as well as scoring on any written, oral or practical testing. Candidates who take the written, oral and/or practical testing shall be placed on a promotional list in order of their final aggregate scores, ranked highest to lowest. Promotions From said list shall be made by the Fire Chief, with the Fire Chiefhaving the discretion to select each promotional candidate from the top seven (7). As names are selected from the list, the remaining names will move up and the top seven (7) will be re-evaluated I`6r promotion. 2. The Department will provide at least thirty (30) days written notice of any promotional testing processes and the location of where the test will be administered. 3. The Department shall make available for a candidate a copy of all possible testing sources that will be utilized as reference materials for testing purposes. 4. The Department will provide at least sixty (60) days written notice in the event that it decides to change (from the previous promotional examination) reference materials to be used I'm- testing purposes. S. In order to be an eligible candidate for promotion to Lieutenant, a bargaining unit member must possess the following qualifications as of the date of the close of the promotion application process: Page 36 of 61 (a) Five (5) years of service in firefighting and rescue work at the Sanford Fire Department, and (b) 30 credit hours frorn a college or university and State of Florida Fire Officer I certification. 6. Any bargaining unit member who is promoted to Lieutenant shall receive a minimum of ten (10) percent wage increase. Page 37 of 61 ARTICLE 20: MILITARY DUTY The City shall continue in effect its existing practice with respect to military leave for bargaining unit members who are serving in the armed forces, including the National Guard, and who are required by such forces to attend duties which conflict with scheduled working time. Page 38 of 61 /_1i 1 0 , . If any provision of this Agreement is 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 for the term of this Agreement. In the event any provision of this Agreement is lawfully declared invalid, the parties shall meet within a reasonable period of time to attempt to negotiate a mutually satisfactory replacement provision. 'I'he Union and the City agree to reopen any provision of this Agreement ifthere is federal or state legislation enacted that adversely impacts the City's ability to pay wages or benefits contained in this Agreement. Page 39 of 61 ARTICLE 22: WORK STOPPAGES 1. There shall be no strikes, lockouts, work stoppages, slowdowns, sick-outs, picketing oi'the residence of public officials, or other job actions or refusal to perform assigned work by the employees covered under this Agreement. 2. The parties agree that any employee who participates in or promotes any of the al"orementioned activities may be discharged or otherwise disciplined by the City. Nothing herein shall restrict the City from levying dift'erent disciplinary actions against different employees based on their involvement in activities prohibited hereunder. 3. The Union recognizes that the City and the employees covered hereunder are responsible for and engaged in activities which are the basis of the health and welfare of the City's citizens and, therefore, any violation of this Article would give rise to irreparable damage to the City and the public at large. For the purpose of this Article, it is agreed that the Union shall be responsible and liable for any act by its agents, representatives, and/or officers, which act constitutes a violation oil' this Article, unless the Union has publicly disavowed such action and publicly demands its cessation. Page 40 of 61 ARTICLE 23: WAGES 1. For Fiscal Year 2019-2020, employees covered hereunder shall receive wage increases in. accordance with the following: A. ETfective the first full payroll period after October 1, 2019, each employee covered hereunder shall receive a wage increase as set forth in Exhibit A retroactive to the first full payroll period of Fiscal Year 2019-2020. B. The City agrees to pay bargaining unit employees 1/., of the paramedic incentive who are currently certified by the State of* Florida as Paramedics and the remaining paramedic incentive when cleared to practice within Seminole County by the Medical Director, a $8,900 "Paramedic Incentive" per year during Fiscal Year 2019-2020 retroactive to the first Full pay period in 1, iscal Year 2019-2020, a $9,200 ""Paramedic Incentive per year during Fiscal Year 2020-2021, and a $9,500 "Paramedic Incentive" per year during l'iscal Year 2021-2022. While the "Paramedic Incentive" is not included in the base pay lor the grade and step in the salary classification pay, the '*Paramedic Incentive" shall be counted as "compensation" and treated as part of base pay solely for retirement purposes, C. Effective the first full payroll period after October 1, 2020, each employee covered hereunder shall receive a wage increase as set forth in Exhibit A. 1). FIffective the first full payroll period after October 1 2021, employees covered hereunder shall receive wage increase as set forth in Exhibit A. Page 41 of 61 2. Should the City Commission approve a lump SLIM (holiday) cash bonus for all City employees, the bargaining unit employees covered hereunder shall be eligible to receive such ILIIIIP sum (holiday) cash bonus on the same terms and conditions as applicable to other employees. 3. Management shall give any bargaining unit employee written notice that he/she is not performing at a "Meets Performance" level. Management shall give this written notice to the bargaining unit member no later than three months prior to the bargaining unit member's evaluation date. If the bargaining unit employee does not improve to at least a "Meets Performance" level by the end of the fiscal year, the bargaining unit employee shall not be entitled to receive any wage increase. 11' the bargaining unit employee receives an overall rating of "Performance Improvement Required" on the annual evaluation, he/she shall not receive a wage increase for the following fiscal year. If any bargaining unit employee does not qualify for the wage increase, management shall perl'ol-In Subsequent evaluations at three-month intervals until such point that the employee's evaluation improves. Management shall authorize Such a bargaining unit employee, who improved his/her performance to a "Meets Performance" level, to receive part or all of the wage increase. Any adJL1StMC1ItS Will not be retroactive. 4. 'file wage increases described in Sections 1, 2, 3, and 4 above shall be tile only wage increases ofany kind for Fiscal Years 2019-2020, Fiscal Year 2020-2021, and Fiscal Year 2021- 2022 021-2022 for employees covered hereunder. There shall be no wage adjustments, grade, or step movement for bargaining unit members after September 30, 2022 until negotiated between the City and the Union. Page 42 of 61 I . Bargaining unit employees shall be assigned to twenty-four hour shifts. 2. The current Department practice (as of September 30, 2006) regarding the calculation of overtime hours I*or bargaining unit employees shall remain in eft'ect I'c)r the term of this Agreement. 3. The current Department practice (as of September 30, 2006) regarding the selection of bargaining unit employees to work overtime shall remain in effect for the term of this Agreement. Page 43 of 61 F-113 1. Call-back pay is provided to compensate an employee required to return to work at certain times outside of his/her regularly scheduled shift. Eligibility for call-back pay is as follows: (a) Except as provided in subparagraphs (b) and (c) below, any employee who is off-duty and required to return to work on an unscheduled basis shall be eligible for call- back pay. (b) Any employee who is on duty and is instructed to remain on duty shall be ineligible for call-back pay but eligible for compensation for time actually worked. (c) Any employee required to continue working after completion of his/her regularly scheduled shift shall be ineligible for call-back pay but shall be paid for time actually worked. (d) Any employee eligible for call-back pay shall be paid for the actual hours worked, with the minimum guarantee of Ibur (4) hours pay. Call-back pay begins at the time designated by the Department for the employee to commence his/her duties. Call- back pay concludes at the time that the Department releases the employee from his/her assigned duties. Page 44 of 61 ARTICLE 26: WORKING OUT OF CLASSIFICATION In the event that a bargaining unit member is assigned to work out of classification, the bargaining unit member shall be entitled to receive, in addition to the normal rate of pay previously received, $2.00/per hour for the actual time worked out of classification. 2. Any bargaining unit member who qUalifics for wages pursuant to this Article shall be paid bi-weekly for qualifying hours during the pay period. Page 45 of 61 ARTICLE 27: PRECEPTOR PAY 1. Paramedic preceptors shall be entitled to receive $2.00/per hour additional compensation for each hour of'preceptor duties actually worked. The Fire C.hiel'or his designee shall retain the ultimate discretion to determine all time which qualifies for preceptor pay. 2. Any bargaining unit member who qualifies for preceptor pay pursuant to this Article shall be paid bi-weekly for qualifying hours worked during the pay period. Page 46 of 61 below: ARTICLE 28: EDUCATION INCENTIVE 1. Bargaining unit members are entitled to receive an Education Incentive as set forth a. Associate of Arts (AA) or Associate of Science (AS) degree -= $500.00; or b. Bachelor of Science Degree (BS) = $1,000.00; or C. Masters Degree = $1,500.00. 2. Bargaining unit members shall only receive I. , Iducation Incentive for the highest amount applicable for their individual level of education. For example, a bargaining unit member who possesses a Bachelor of Science degree is eligible to receive a $1,000.00 Education Incentive and not the cumulative amount 01'$1,500.00 ($500.00 AS degree + $1,000.00 BS degree). The maximum amount of Education Incentive for each bargaining unit member shall be capped at $1,500.00. 3. [,ven though the f"ducation Incentive is not included in the base pay for the grade and step in the salary classification pay, the F.'ducation Incentive shall be counted as compensation for retirement purposes. Page 47 of 61 1. The City shall continue to provide the employees covered hereunder with retirement benefits pursuant to the City's retirement program that are currently in effect. The City will abide by all ordinances and statutes governing the City's retirement program. 2. The City and the union mutually agree that all Chapter 175 excess premium tax revenues accumulated and received in the future shall be used to reduce the unfunded actuarial liability ofthe City's Samford Firefighters Retirement System pension plan as long as such liability exists, and thereafter shall be applied to reduce the City's annual required contribution to the plan. 3. All new employees covered hereunder hired on or after October 1, 2017, shall be enrolled in the Florida Retirement System. Employees hired before October 1, 2017 may elect to remain in the City's Sanl'ord Firefighters Retirement System pension plan as allowed by law. Page 4R of 61 1. Effective the last pay period ending in December, 2006, all vacation and personal hours accrued to that point will be converted to paid time oft' (PTO) hours at a one to one ratio. 2. F"ffective the pay period beginning December 30, 2006, all bargaining unit employees shall no longer accrue vacation, sick or personal time. 3. Effective the pay period beginning December 30, 2006, all paid time oil-' by bargaining unit employees will utilize PTO whether scheduled or unscheduled notwithstanding Article 33. 4. l"Iffective January 1, 2007, all bargaining unit employees shall begin accruing personal time off (P'1'0) on a monthly basis at the following rate based upon the years of service with the Sanford Fire Department. Zero through ten (0-10) years of service will accrue twenty- four hours oll'l)'1'0per month. F.leven through fiftecri (11-15) years of service will accrue twenty- six hours of PTO per month. Sixteen through twenty (16-20) years of service will accrue twenty- eight hours of PTO per month. Twenty-one years of` service or more will accrue thirty hours of PTO per month. 5. The maximum payout of PTO at retirement or resignation, in accordance with the vacation pay out provisions of" the City of Sanford Personnel Rules and Regulations in effect on the effective date of this Agreement, will be 500 hours. 6. Beginning the end of fiscal year 2007/2008, and occurring on an annual basis at the end of each fiscal year. PTO hours will be reviewed. Upon review, the maximum PTO accrual allowed by any bargaining unit employee will be 720 hours. Beginning at the end of' fiscal year 2020, and Occurring on an annual basis at the end of each fiscal year thereafter, bargaining unit Page 49 of 61 members who have completed ten (10) years ol" service through nineteen(19) years of service at the time of payout and exceed the 720 PTO hours will be provided a payout of Lip to twenty-four (24) hours cash at their current rate of pay near the end of the fiscal year. Bargaining unit members who have completed twenty (20) years of service or greater at the time of payout and exceed the 720 PTO hours, will be provided a payout of up to forty-eight (48) hours cash payout at their current rate of pay near the end of the Fiscal year. After the cash conversion, if there are still hours above the 720, those hours will be removed from the employees' accruals on the next normal business day. 7. In the event that scheduled time off is cancelled due to an unplanned significant event as declared by the City, then the City agrees to extend the PTO accrual review deadline, referenced in paragraph 6, to three times that of the actual event, 8. Fffective March 25, 2013, each bargaining unit employee may donate Lip to 48 11TO hours in accordance with the sick leave donation provisions of the City ol'Sant'ord Personnel Rules and Regulations in effect on the effective date of this Agreement. 9. U11ective January 22, 2007, a Kelly day program will begin. Any bargaining unit employee who has three or more years of service with the Sanford Fire Department shall receive tell paid 24 hour shills ("Kelly days") off per year. Any employee who has less than three years of service with the Sanford Fire Department shall receive five 24 hour shifts ("Kelly days-) oil' per year. Any newly hired employees will be assigned to the Kelly shift schedule and begin their scheduled Kelly days from that point in the schedule receiving only the remaining Kelly days for that fiscal year schedule. The schedule assignment and the conditions of the rotation list shall be approved by the Chief. A Kelly day is defined as a management scheduled paid ]cave of 24 hours under current practices. Page 50 of" 61 ARTICLE 31: HEALTH AND WELLNESS PROGRAM The City and the LJnion have mutually agreed to institute a wellness program for the members of the Sanford Professional Fighters Local 3996. The wellness program's main goal is to identify any cardiac conditions that may be considered dangerous to the health of the member and to aid that member is seeking treatment for such. The Union members shall be required to submit to all parts of the physical evaluation in compliance with current NEPA standards. It is understood and agreed by the City and LJnion that the City will follow the current NFPA standards in regards to testing only. PROGRAM CONTENTS Drug Testing: The City and the [Jnion agree that drug testing is not part of this program as the City already has a drug testing policy. Record Keeping and C'onfidential Information: The City and the Union understand and agree the City shall not maintain any of the medical questionnaires or records of any [Tnion member. The Vendor will maintain all records as confidential per current I I IPAA requirements. This provision is not to be construed as a release to obtain medical information. Duty Status Reporting: The City and Union agree that the Vendor will only provide "not able to perform essential functions of employee's position" status report on any UJnion member after testing. No specific detail as to what medical problem the Union member has will be shared with the City and the City will not request such information as per I llPAA and the terms of this agreement. Any deviations or changes in this program shall not occur unless mutually agreed upon through the collective bargaining process or without written agreement by both parties. Page 51 of 61 ARTICLE 32: HOLIDAYS 1. Any bargaining unit employee who works on the shift commencing at 08:00 a.m. on any Friday following Thanksgiving, Christmas, New Year's Day, Martin Luther King Day, Memorial Day, Independence Day and Labor Day during this Agreement shall qualify for holiday pay for the holiday actually worked. In addition to the amount of pay typically to be received for working that shift, a bargaining unit employee shall receive an additional amount of "2 their normal rate ol"pay for all hours actually worked on the above holidays between 08:00 a.m. and midnight (a maximum of 16 hours at an additional '/,- times normal rate of'pay). 2. Any bargaining unit member who works on the shift commencing at 08:00 a.m. on any Thanksgiving and Christmas eve will be compensated as follows: In addition to the amount of pay typically to be received for working that shift, a bargaining unit employee shall receive an additional amount of 1/2 of their normal rate of'pay tor all hours actually worked between 08:00 a.m. and 08:00 a.m. the following day (a maximum of" 24 hours as an additional '/2 times normal rate of pay). Page 52 of 61 ARTICLE 33: SICK LEAVE F'Nective December 31, 2006, each bargaining unit members sick time hours will be frozen at the current number of hours accrued. 2. Effective January 1, 2007, any bargaining unit member retiring under the guidelines l'or retirement in accordance with the retirement Provisions of the City ol'Sanford Personnel Rules and Regulations in effect on the effective date of this Agreement shall receive LIP to 1009 hours of their accrued frozen sick time paid out at that employee's rate of pay as of September 29, 2006. 3. The City may, at any time, pay Out bargaining unit employees' sick time accruals Of LIP to 1.009 hours at that bargaining unit member's September 29, 2006 rate of pay before retirement. 4. Effective January 1, 2007, bargaining unit employees may utilize their accrued frozen sick time for unscheduled sick time beyond 48 hours ofconCUrrent sick absence. The first 48 hours of each such instance would remain PTO, compensation time or leave without pay. S. 1.11lective no later than April 1, 2007, bargaining unit employees shall receive a short term disability benefit, for the term ofthis contract, which will provide Im 150 calendar days of 60% of weekly base earnings up to a maximum of $1,750.00 per week to begin after a 30 calendar day elimination period has been reached. This benefit is subject to the terms and conditions presented by the private carrier. Page 53 of 61 ARTICLE 34: BEREAVEMENT 1. E'rnployees covered hereunder shall be entitled to receive two consecutive shifts with pay for bereavement leave for the death of an immediate family member, as defined by the City of Sanford Personnel Rules and Regulations. The employee's time off from work because of a death in the family must actually be taken immediately following the death in order to receive payment. 2. In case of death of other relatives, as defined in the City of Sanford Personnel Rules and Regulations, employees may request one shift with pay for bereavement leave. The Fire Chief, or his designee may exercise his discretion to grant or deny a bereavement leave request I'm other relatives. 3. The Fire Chief, or his designee, may exercise his discretion to grant or deny a request of*a bargaining unit member to use additional accrued leave time consecutively to the use of bereavement leave. Page 54 of 61 ARTICLE 35: LEAVES OF ABSENCE WITHOUT PAY The Fire Chief, in his discretion, may approve a written request for a leave of absence. The decision of the Fire Chief shall be final and binding on the employee and shall not be subject to the grievance procedure or any other form of appeal. Page 55 ol61 ARTICLE 36: RECERTIFICATION It is agreed and understood that compliance with state recertification requirements is the responsibility of the individual employees covered hereunder. To the extent feasible, the Department will make a good -faith effort to make appropriate recertification courses available during normal duty hours at Departmental facilities. Page 56 of 61 ARTICLE 37: TOBACCO USE It is understood that smoking and/or the use of` any and all tobacco products is a known hazard to the health of employees, including members of the bargaining unit. The purpose ofthis article is to reduce the number of health insurance claims related to the use of tobacco products. It is agreed that the following policy regarding the use of tobacco products shall be adhered to: Smoking and the use of tobacco products is prohibited when in contact with, or in the view of, the general public; 2. Smoking and the use of tobacco products is prohibited in all fire/rescue vehicles, and in areas of the fire department; All employees hired after February 1, 2001, will abstain from the use of tobacco and tobacco products both on -duty and off-duty. Page 57 ot'61 fl?flcctive October 1, 2019, engineer incentive pay in the amount of $48.08 per two week pay period shall be paid to all bargaining unit employees who successfully complete an engineer program that is to be developed by the department's SOP committee and approved by the C."hief. 2. Effective October 1, 2008, and each October thereafter, bargaining unit employees who have successfully completed the engineer program must pass a recertification test, to be developed by the department's SOP committee and approved by the Chief, to continue to receive the engineer incentive pay in the amount of $48.08 per two week pay period. 3. While the -Engineer Incentive" is not included in the base pay for the grade and step in the salary classification pay, the *Engineer Incentive" shall be included in the base pay and shall be counted as compensation for retirement purposes. Page 58 of'61 ARTICLE 39: SPECIALTY PAY 1. Effective October 1, 2007, specialty pay in the amount of $29 per two week pay period shall be paid to all bargaining unit employees who successfully complete the five Operational Level Courses of. Rope Rescue, Trench Rescue, Confined Space Rescue, Vehicle & Machinery Rescue, and Emergency Building Shoring or Structural Collapse. 2. E'ff,ctive October 1, 2007, additional specialty pay in the amount of $29 per two week pay period shall be paid to all bargaining unit employees who successfully complete the four Technical Level Courses of. Rope Rescue, Trench Rescue, Confined Space Rescue, and Vehicle & Machinery Rescue. 3. While the "Specialty Pay" is not included in the base pay for the grade and step in the salary classification pay, the "Specialty Pay" shall be included in the base pay and shall be counted as compensation for retirement purposes. Page 59 of 61 T! i1dr,111 11 11E, Effective March 1, 2007, bargaining unit employees of local lAFF 3966 shall be afforded the opportunity to enter a retirement program governed by the Internal Revenue Code 457. It is however understood the City will make available the IAFF Financial Corporation 457 Plan as either the sole option, or one of the options that bargaining unit employees may participate in. Bargaining unit employees will be entitled to transfer 457 plan assets to the plan of choice without penalty from the City. Page 60 oi'61 ARTICLE 41: ENTIRE AGREEMENT/DU RATION The parties acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by both parties after the exercise of that right and opportunity are set forth in this Agreement. The parties hereto may commence negotiations, under applicable law, on any succeeding agreement to take effect upon termination of this Agreement. 2. This Agreement shall become effective upon ratification by the bargaining unit members I and approval by the City Commission and shall expire on September 30, 2022. The wage increases described in Article 23 shall be retroactive to October 1, 2019, upon execution of this contract by the City. There shall be no wage adjustments, grade, or step movement for bargaining unit members after September 30, 2022 until negotiated between the City and the Union. SANFORD PROFESSIONAL FIREFIGHTERS LOCAL 3996, IAFF By: Title: Date: 2. Page 61 of 61 CITY OF SANFORD Title: - Date: Exhbit A r ...it ,,;, , !, rr 5% 4% 3% Bunson FIREFIGHTER/PARAMEDIC 1,182.82V1,802.92 1,230.13 COOPER Giraldo FIREFIGHTER/EMT/ENGINEER 1,148.37 1,577.09 1,230.13 FIREFIGHTER/PARAMEDIC Jansen FIREFIGHTER/EMT/ENGINEER 1,148.37 1,577.09 1,230.13 2,146.33 Alvarez FIREFIGHTER/EMT/ENGINEER 1,913.94 1,607.71 1,254.02 1,705.63 Carbacas FIREFIGHTER/EMT/ENGINEER 1,913.94 1,607.71 1,254.02 DeJesus FIREFIGHTER/EMT/ENGINEER 1,913.94 1,607.71 1,254.02 Moyer FIREFIGHTER/EMT/ENGINEER 1,913.94 1,607.71 1,254.02 Rebera FIREFIGHTER/EMT/ENGINEER 1,913.94 1,607.71 1,254.02 Bonilla FIREFIGHTER/EMT/ENGINEER 1,971.37 1,655.95 1,291.64 Howington FIREFIGHTER/EMT/ENGINEER 1,971.37 1,655.95 1,291.64 Margagliotti FIREFIGHTER/EMT/ENGINEER 1,971.37 1,655.95 1,291.64 Swetitsch FIREFIGHTER/EMT/ENGINEER 7971.37 1,655.95 1,291.64 Dixion FIREFIGHTER/EMT/ENGINEER 1,971.37 1,655.95 1,291.64 Irwin FIREFIGHTER/EMT/ENGINEER 1,971.37 1,655.95 1,291.64 Johnson FIREFIGHTER/EMT/ENGINEER 1,971.37 1,655.95 1,291.64 Norsen FIREFIGHTER/EMT/ENGINEER 1,971.37 1,655.95 1,291.64 Ward FIREFIGHTER/EMT/ENGINEER 1,971.37 1,655.95 1,291.64 Acevedo FIREFIGHTER/EMT/ENGINEER 2,030.52 1,705.63 1,330.40 DeJesus FIREFIGHTER/EMT/ENGINEER 2,030.52 1,705.63 1,330.40 Doherty FIREFIGHTE R/EMT/ENGINEER2,030.52 1,705.63 1,330.40 Szymczyk Thompson FIREFIGHTE R/EMT/ENGINEER FIREFIGHTER/EMT/ENGINEER 2,030.521,705.63 2,030.52 1,705.63 1,330.40 1,330.40 Anderson FIREFIGHTER/EMT/ENGINEER 2,030.52 1,705.63 1,330.40 Render FIREFIGHTER/EMT/ENGINEER 2,030.52 1,705.63 1,330.40 BUFFKIN FIREFIGHTER/EMT/ENGINEER 2,030.52 1,705.63 1,330.40 LEMMON FIREFIGHTER/EMT/ENGINEER 2,030.52 1,705.63 1,330.40 BURKS FIREFIGHTER/EMT/ENGINEER 7083.83 1,750.41 1,365.32 TOBOLSKI FIREFIGHTER/EMT/ENGINEER 2,083.83 1,750.41 1,365.32 SCHNEIDER FIREFIGHTER/EMT/ENGINEER 2,145.72 1,802.41 1,405.88 MEDLOCK FIREFIGHTER/EMT/ENGINEER 2,176.66 1,828.40 1,426.15 JACKSON FIREFIGHTER/EMT/ENGINEER 2,274.40 1,910.50 1,490.19 JOHNSON FIREFIGHTER/EMT/ENGINEER 2,274.40 1,910.50 101,538.2538.25CARTER 1,490.19 GREEN FIREFIGHTER/EMT/ENGINEER 2,347.76 FIREFIGHTER/EMT/ENGINEER 2,665.68 6.55DOUGLAS FIREFIGHTER/EMT/ENGINEER FIREFIGHTER/EMT/ENGINEER 2,751.61 2,751.61 2.86O'ROURKE 2.86BRUCE Exhibit A FIREFIGHTER/EMT/ENGINEER 3,382.31 6.09 Bunson FIREFIGHTER/PARAMEDIC 1,182.82V1,802.92 1,267.03 COOPER FIREFIGHTER/PARAMEDIC 2,091.44 1,370.31 JAKUSOVAS FIREFIGHTER/PARAMEDIC 2,146.33 1,406.28 HERTKO FIREFIGHTER/PARAMEDIC 2,146.33 1,802.92 1,406.28 BenderFIREFIGHTER/PARAMEDIC 2,030.52 1,705.63 1,330.40 BOONE FIREFIGHTER/PARAMEDIC 2,210.10 1,856.49 1,448.06 Kellogg FIREFIGHTER/PARAMEDIC 2,091.44 1,756-81 1,370.31 Thompson,D. FIREFIGHTER/PARAMEDIC 2,091.44 1,756.81 1,370.31 DANIELS FIREFIGHTER/PARAMEDIC 2,146.33 1,802.92 1,406.28 William— I FIREFIGHTER/PARAMEDIC 2,091.42 1,756.79 1,370.30 .COLUCCIO FIREFIGHTER/PARAMEDIC ---2�-151 2091.44 1,756.81 1,370.31 KELLEY FIREFIGHTER/PARAMEDIC 1 .07 1,806.90 1,409.38 HUBBARD FIREFIGHTER/PARAMEDIC 2,385.34 2,003.69 1,562.88 DALRYMPLE FIREFIGHTER/PARAMEDIC 2,246.91 1,887.40 1,472.17 MILIAN FIREFIGHTER/PARAMEDIC 2,501.64 2,101.38 1,639.08 SHEPPARD FIREFIGHTER/PARAMEDIC 2,068.31 1,613.28] BRANDY FIREFIGHTER/PARAMEDIC —2,462.27 2,665.68 2,239.17 1,746.55 ROHNER FIREFIGHTER/PARAMEDIC 2,665.68 2,239.17 1,746.55 RIPPLE FIREFIGHTER/PARAMEDIC-- 3,026.59 2,542.34 1,983.02 JONES FIREFIGHTER/PARAMEDIC 2,885.88 --2,424-14 1,890.83 IMOYE FIREFIGHTER/PARAMEDIC 3,026.59 . 2,542.341 1,983.02 IDENMARK IFIREFIGHTER/PARAMEDIC 3,075-06 2,583.05 2,014.78 Exhbit A MCGANN FIRE LIEUTENANT 2,708.51 2,275.15 1,77 11 4.62 FROST FIRE LIEUTENANT 3,491.62 2,932.96 2,287.71 MURPHY FIRE LIEUTENANT 3,243.28 2,724.36 2,125.00 SLAPA FIRE LIEUTENANT 3,026.77 2,542.48 1,983.14 AUBUCHON FIRE LIEUTENANT 3,174.38 1---2,666.48 2,07'9.86 HALL FIRE LIEUTENANT 4, 75.38 GAFFERT FIRE LIEUTENANT 2,932-96 2,463.68 1 1,921.67 HAMPTON FIRE LIEUTENANT 3,196.90 2,685.40 2,094.61 LUDWIG, JR FIRE LIEUTENANT 3,124.41 2)624.51 2,047.12 MUSSELMAN FIRE LIEUTENANT 2,582.54 2,169.33 1,692.08 KIMMIG FIRE LIEUTENANT 2,708.51 2,275.15 1,774.62 HINSON FIRE LIEUTENANT 3,151.21 2,647.02 2,064.67 A d O n m O D S LA _-I W r j W �J D -i (n d d D Z d^ T W p C W W m T f7 m w C C ro O �' O ro, O S' y"� d f7 b w G) m O C ) m Z x d T W �J S m (D O 3 s ro a 0 O 'x' e a o o ro m C C7 m Z V1 N r Z (� T� T O_ ro 3 N N O_ to O O ,roti, a`` 4" K a to of M r yr x ro n ro v, O_ w -� ro ro M a m W d O p cn O Z p ,� O. 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