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HomeMy Public PortalAboutCollective Bargaining Agreement Firefightersk t` THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF CRESTVIEW AND INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2680 FY 2012/2013/2014 a) Revised: / %Ct2e/C. `a0i2----- st TABLE OF CONTENTS PREAMBLE ARTICLE 1 — DEFINITIONS ARTICLE 2 PURPOSE AND INTENT ARTICLE 3— RECOGNITION ARTICLE 4—NO STRIKES AND LOCKOUTS ARTICLE 5 — DISCRINIINATION ARTICLE 6 — DUES CHECK -OFF INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2680 PAGE 5 6 7 8 9 10 11,12 AUTHORIZATION FOR DEDUCTION OF DUES (FORM) 13 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS INSTRUCTION TO STOP PAYROLL DEDUCTION OF DUES (FORM) 14 ARTICLE 7— SEVERABILITY AND SAVINGS CLAUSE 15 ARTICLE 8-PROBATION 16 ARTICLE 9— WAGES AND PROMOTIONS 17 ARTICLE 10 — INCENTIVE PAY 18 ARTICLE 11 — GRIEVANCE AND ARBITRATION PROCEDURE 19,20,21, 22,23 A. Grievance Procedure B. Arbitration Procedure ARTICLE 12 — MANAGEMENT RIGHTS 24,25 ARTICLE 13— UNRELATED WORK 26 ARTICLE 14— PERSONNEL FILES 27 ARTICLE 15— WORK RULES 28 23025v8 2 ARTICLE 16 - HEALTH AND LIFE INSURANCE 29 ARTICLE 17 TRAINING 30 ARTICLE 18- MILEAGE 31 ARTICLE 19- PAYMENT OF INSURANCE DEDUCTIBLE 32 ARTICLE 20- TRADING TIME 33,34 ARTICLE 21 - WORKERS ' COMPENSATION 35 ARTICLE 22- LEAVES OF ABSENCE 36 ARTICLE 23- OUTSIDE EMPLOYMENT 37 ARTICLE 24 - ACCOMMODATIONS AND MAINTENANCE 38 ARTICLE 25 - HOLIDAYS 39 ARTICLE 26 - PENSIONS 40 ARTICLE 27 - SECTION 125 PLAN 41 ARTICLE 28- DEFERRED COMPENSATION 42 ARTICLE 29- CALL BACK PAY 43 ARTICLE 30- UNIFORM AND FOOD ALLOWANCE 44 ARTICLE 31 - TOUR OF DUTY 45 ARTICLE 32- DISCIPLINARY ACTION AND DISCHARGE 46 ARTICLE 33- NO TOBACCO USE 47 ARTICLE 34- JOINT OCCUPATIONAL SAFETY AND HEALTH 48,49 ARTICLE 35- WORKING OUT -OF -CLASSIFICATION 50 ARTICLE 36- UNION BUSINESS 51,52 ARTICLE 37- PRINTING OF AGREEMENT 53 23025v8 3 .. ARTICLE 38- RULES OF CONSTRUCTION 54 ARTICLE 39 - DRUG TESTING 55 ARTICLE 40- WORK ATTIRE 56 ARTICLE 41 - LUNCH AND DINNER 57 ARTICLE 42- OVERTIME 58,59 ARTICLE 43- ENTIRE AGREEMENT 60 ARTICLE 44- TERM OF AGREEMENT 6L62 Changes Made 23025v8 4 PREAMBLE This Agreement is made and entered into by and between the City of Crestview, Florida, which is hereinafter referred to as the "Employer," and the International Association of Firefighters, AFL- CIO, and its Local Union No. 2680, hereinafter referred to as the "Union." It is the purpose of this Agreement to achieve and maintain harmonious relations between the Employer and the Union, to provide for equitable wages, hours, and other conditions of employment. Therefore, to ensure the stability of this Agreement, no new provisions shall be proposed during the term unless provided for elsewhere in the Agreement or such proposal is entertained by mutual agreement of the parties. No Change 230250 5 ARTICLE I DEFINITIONS (1) "Day" shall mean a calendar day unless otherwise specified in this Agreement. (2) "Shall" indicates a duty or responsibility where the obligation is mandated as defined by the collective bargaining agreement. (3) References to the male gender are intended to conform to traditional usage, and should be understood to include both males and females. No Change 23025v8 6 ARTICLE 2 PURPOSE AND INTENT SECTION 1. The purpose of this Agreement is to secure industrial peace and efficiency, enabling the Employer and its Union to provide continuing satisfactory services to the citizens of the City, to secure a healthy operation through efficient service and public satisfaction, to establish an orderly and peaceful procedure for the resolution of grievances, and to set forth a basic understanding relative to rates of pay, hours of work and conditions of employment, designed to achieve those goals at a reasonable cost. SECTION 2. The Union and management recognize that they are mutually dependent upon one another. Both are committed to public service and the success of that service. This success requires that both management and Union work together. The Employer, the Union and all employees are convinced that there is no reason why differences that may arise may not be peacefully and satisfactorily adjusted by sincere and patient efforts on the part of all. SECTION 3. The Union agrees that it will support the Employer in its efforts to (a) eliminate waste and damage; (b) conserve equipment and supplies; (c) improve standards of efficiency; (d) prevent accidents; and (e) strengthen good will between the Employer, its employees and the public. This section is intended to express the purpose of this Agreement, and nothing in this section shall be considered to improve liability for monetary damages on the Union in any action in which the Union would not otherwise be liable. No Change 230250 7 ARTICLE 3 RECOGNITION SECTION 1. The Employer hereby recognizes the Union as the sole and exclusive bargaining representative of the employees covered by this Agreement for the purpose of collective bargaining with respect to rates of pay, wages, hours of employment and other terms and conditions of employment as certified by the Florida Public Employees Relations Commission in case No. RC 00-2000-061, EL-2000-047. SECTION 2. The Union is recognized as the sole and exclusive bargaining representative of all members in the bargaining unit. SECTION 3. The Employer may, in its discretion, enter into collateral agreements with individuals regarding performance of duties outside the Fire Department, and in entering into such agreements, the Employer shall not be obligated to negotiate with the Union regarding wages, hours or other conditions of employment applicable to such other or additional duties. No Change 23025v8 8 ARTICLE 4 NO STRIKES AND LOCKOUTS SECTION I. No employee of the Fire Department covered by this agreement may participate in any strike against the Employer. Any violator is subject to the penalties provided within Chapter 447.507, Florida Statutes. It is expressly agreed as a sole exception to the prohibition against picketing found herein, that the Union and its members may engage in informational picketing as provided by law. SECTION 2. Furthermore, the City of Crestview agrees not to engage in a lockout of Employees. No Change 230250 9 ARTICLE 5 DISCRIMINATION SECTION 1. The Employer agrees not to discriminate against any employee for acting in behalf of, and/or for the membership in the Union. The Employer and the Union agree that there shall be no discrimination against any employee because of race, creed, color, age, sex, religion or national origin. SECTION 2. The Union agrees not to discriminate against any employee for non- membership in the Union or those Union members indicating a desire to resign from the Union. SECTION 3. With respect to Union membership or activities, both parties will respect the right of the employees, regarding their membership and participation in activities or choice not to join and support union activities as provided by Florida Statutes, Section 447.301. SECTION 4. A violation of this part is not subject to the contract's arbitration provision. No Change 2302 5v8 10 ARTICLE 6 DUES CHECK -OFF SECTION 1. Subject to the restrictions set forth in Section 447.303, Florida Statutes, the Employer agrees to deduct dues, weekly, from the earnings of its employees who have signed individual authorization cards, supplied by the Union and satisfactory to the Employer, and to remit the same to the duly designated officer of the Union, until such time as the employee resigns his membership in the Union or otherwise revokes his dues deduction authorization in writing to the Employer. There shall be no deductions for fines imposed by the Union. SECTION 2. Members' dues payment s shall be deducted automatically, once the dues deduction authorization form attached is signed and on file with payroll. No other forms of authorization for payment or of stopping payroll deductions shall be recognized or honored. SECTION 3. The Union agrees that there shall be no liability on the part of the Employer for the collection of any unpaid dues which may be due the Union from any employee who, because of absence from work or termination of employment, has insufficient wages payable to him at the regular time the dues are to be deducted from which to make such deduction. The Union shall indemnify and save the Employer harmless against any and all claims, demands, suits, judgments, or other forms of liability or expense, including reasonable attorney's fees, that may be incurred or necessitated by reason of action taken or not taken by the Employer for the purpose of complying with any of the provisions of this Article. SECTION 4. The Employer shall not be required to collect Union dues in arrears. Any change in dues made by the Union will be made effective after a fifteen (15) day written notice by the Union to the employer and upon receipt of a new dues deduction authorization signed by the employees specifying the revised amount. 23025v8 11 SECTION 5. It shall be the Union's obligation to keep the Employer informed at all times, by certification of a responsible Union official, of the amount of Union dues and/or assessments deductible from the employee's pay and Employer will accept such certification and be entitled to rely upon its accuracy. No Change 23025v8 12 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 2680 AUTHORIZATION FOR DEDUCTION OF DUES I hereby authorize the City of Crestview to deduct from my wages each week, the weekly Local 2680 dues, and to transmit this amount to the Treasurer of Crestview Professional Firefighter, Local 2680, IAFF, by next business day following the payday. I understand that this authorization is voluntary and that I may revoke this authorization by giving notice to the City and to Crestview Professional Firefighters, Local 2680, IAFF, in writing. (Print Name) Social Security Number Signature Date No Change 23025v IAFF 1 13 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS INSTRUCTION TO STOP PAYROLL DEDUCTION OF DUES I hereby instruct the City of Crestview to stop deducting from my wages each week the weekly Local 2680 dues. (Print Name) Social Security Number Signature Date No Change 23025v8 IAFF2 14 ARTICLE 7 SEVERABILITY AND SAVINGS CLAUSE SECTION 1. In the event that any Article or Provision of this Agreement is found to be invalid or unenforceable, by reason of any legislation or judicial authority over which the parties have no amendatory power, the parties will bargain over the invalidated or unenforceable Articles or Provisions. All other Provisions of this Agreement shall remain in full force and effect for the term of this Agreement. Moreover, should any change in wages, hours, or working conditions be required as a result of any subsequently enacted legislation, judicial order, conciliation agreement, or other legal requirements, the City shall give the Union notice of the action it intends to take to comply with such requirement, shall meet and bargain over the impact with the Union, if requested, regarding the proposed action, and shall consider any position advanced by the Union in opposition to the proposed action. SECTION 2. Notwithstanding any other Provisions of this Agreement to the contrary, in the event that any Article, or Subsections thereof, of this Agreement shall be declared invalid by any court of competent jurisdiction, or by any applicable State or Federal law or regulations, or should a decision by any court of competent jurisdiction or any applicable State or Federal law or regulation diminish the benefits provided by this Agreement, or impose additional obligations on the City, the parties shall meet and negotiate on the Article or Subsections thereof affected. All other Provisions of this Agreement not affected shall continue in full force and effect. No Change 23025v8 15 ARTICLE 8 PROBATION SECTION I. All appointments into the City of Crestview Fire Department will serve a probation period of three (3) months for the purpose of eligibility for benefits. Employees completing the three (3) month probationary period for benefits eligibility will be entitled to annual and sick leave retroactive to the employee's original employment date. SECTION 2. Employees covered by this Agreement shall serve a three (3) month performance and suitability to City employment probationary period or until certified by the Florida Bureau of Fire Standards. SECTION 3. In the event the City ever employs an Apprentice Firefighter, they will be deemed to be on probation and are subject to dismissal at the discretion of the City. Apprentice Firefighters shall be paid at a lower grade until certified and shall serve a 90 day probation once certified. No Change 23025v8 16 ARTICLE 9 WAGES AND PROMOTIONS SECTION 1. The purpose of this Article is to provide a basis for the computation of straight time and overtime wages. The City pay records, practices and procedures shall govern the payment of all wages. SECTION 2. All employees will be paid on a twenty-one (21) day pay period. Bargaining unit members shall be scheduled to work 24 hours on duty and 48 hours off duty, for a total of 168 hours of scheduled time during each 21-day work period. Bargaining unit members who work more than one hundred fifty-nine (159) hours during a 21-day work period will be compensated for such additional hours at a minimum of one and one-half times the straight time in effect as set forth in the City's wage schedule. SECTION 3. The Bargaining unit member will receive an annual increase of three percent (3%) (Step) provided for each year of creditable service in accordance with Ordinance No. 866 Section 2-153 (1996 Pay Plan) and revised in Ordinance No. 1066 Section 2-153 adopted by the Crestview City Council on the 28th day of August, 2001. SECTION 4. Promotion pay increases will be determined by following the current pay schedule for rank involved and employee's years of service with the Fire Department. No Change 23025v8 17 ARTICLE 10 INCENTIVE PAY With the completion of the following education and certifications, bargaining unit members will receive the following incentive pay per month effective upon ratification date of this Contract.. Compensation for the following active Certifications are as follows: Education, Skill or Certification Fire Officer I $75.00 All Fire Service Special Rescue $75.00 Pump Operator $75.00 EMT $75.00 Fire Safety Inspector $75.00 Fire Instructor 1 or 2 $75.00 EMT Paramedic $100.00 Fire Investigator $75.00 Any Degree Held $150.00 Hazardous Materials Technician $75.00 The maximum compensation any bargaining unit member may receive under this Article, however; is $175.00 per month regardless of the number and type of Certifications and Education acquired. Change Made 18 ARTICLE 11 GRIEVANCE AND ARBITRATION PROCEDURE A Grievance Procedure: SECTION 1. A grievance is defined as an allegation made during the term of this Agreement that the Employer or Union member has violated a specific provision of this Agreement. Employees who are not members of the Union may utilize the Grievance Procedure established by this Article, but the Union is in no way responsible for non-members' utilization of this article. SECTION 2. No grievance shall be considered unless it is processed in complete accordance with the following steps: 23025v8 STEP 1. There shall be a discussion between the Grievant and the Senior Captain or Battalion Chief involved. STEP 2: if the grievance is not resolved in Step 1, the Grievant may, within five (5) business days of the alleged violation, reduce the grievance to writing on a grievance form and present it to the Fire Chief. The grievance form shall specify the basis of the Grievance, the particular Article, Section and Provision of this Agreement alleged to have been violated, shall contain a complete and detailed statement of the facts upon which the grievance is based, including date of occurrence, shall specify the proposed remedy, shall be signed and dated by the Grievant or (if applicable) by his Union representative. Grievances submitted which do not contain the above information shall be considered null and void. Upon receipt of the grievance, the Chief or his designee shall record the time and date of receipt, shall consider the written grievance, shall investigate the same to the extent he chooses, and shall resolve or deny the grievance in writing within ten (10) working days. 19 STEP 3. If the Grievant is dissatisfied with the decision rendered in Step 2, and the Grievant desires to further pursue the grievance, it shall present a letter of appeal to the City Clerk or his designee within ten (10) calendar days following the decision of the Fire Chief or his designee on the grievance in Step 2. The City Clerk or the City Clerk's designee shall consider the written grievance, investigate the same to the extent he chooses, and resolve or deny the grievance within fifteen (15) working days. SECTION 3. Submission to Arbitration. In the event any grievance which has been timely brought during the term of this Agreement under Section 2 of this Article cannot be satisfactorily adjusted in accordance with Section 2 of this Article, either the Grievant or the Employer may demand arbitration by filing a request with the Federal Mediation and Conciliation Service of the United States, with a copy to the other side by certified mail, return receipt requested, to submit the names of seven (7) approved arbitrators available to hear and decide the question involved. The party wishing to submit a grievance to arbitration must do so within twenty (20) working days of receipt by the Grievant of the decision in Step 3, or the right to pursue arbitration shall have been waived. Arbitration procedures shall be governed in accordance with Paragraph B of this Article. SECTION 4. The parties hereto acknowledge the importance of both the time limitations and the requirements for written grievances and appeals expressed in Sections 2, 3 and 4 of this Article, and no grievance shall be considered or deemed to exist that is not reduced in writing in the manner specified, timely filed and pursued at each step of the grievance procedure, and timely submitted to arbitration. A timely filed grievance not answered by management within the time limit prescribed shall be treated as a denial of the grievance and the grievance may be pursued to the next step of the grievance procedure. Time limits may not be extended except by a written mutual 23025v8 20 agreement signed by representatives of both parties, and the Employer's willingness to go through the grievance procedure and to submit the issue on the merits to an arbitrator shall not be interpreted as a waiver of any issue as to arbritrality. SECTION 5. Absent permission from the Employer, grievances must be processed outside of the scheduled working hours of any employee involved in the grievance. B. Arbitration Procedure: SECTION 1. Upon receipt of the list of arbitrators from the Federal Mediation and Conciliation Service, the parties shall flip a coin to determine who has the first strike. The party losing the coin flip shall strike a name from the list first; the other party shall strike second, and then each party shall in turn strike one name until only one name remains. This person shall be selected as an impartial Arbitrator. SECTION 2. If the parties do not agree upon a person to act as an arbitrator within thirty (30) days after receiving such list of names, either party, prior to making its third strike, may request the Federal Mediation and Conciliation Service ("FMCS") to submit a second list, from which names shall be stricken in accordance with Section 1. Nothing in this article shall prevent the parties from agreeing upon a mutually acceptable arbitrator other than one on a panel supplied by FMCS. SECTION 3. The grievance submitted to the arbitrator shall be based exclusively on the written grievance as submitted in Section 2, Step 2, of the Grievance Procedure. If on -duty personnel are subpoenaed to the arbitration hearing, they will be released from duty only for the time required to testify. No more than two employees will be released from duty at a time, unless the Employer authorizes the release of more than two; such authorization shall not be unreasonably withheld. SECTION 4. Any decision or award of the arbitrator shall be strictly limited to the interpretation of specific terms of this Agreement, and to a determination of (a) whether the 23025v8 21 grievance is arbitrable, and (b) whether the Employer violated a specific provision of this Agreement as alleged in the written grievance. The arbitrator shall not explicitly or implicitly change, amend, add to, subtract from, modify or alter or supplement any of this Agreement's terms and conditions, nor depart from its terms in rendering a decision. The arbitrator shall confine himself exclusively to the question, which is presented to him. The arbitrator's decision shall be final and binding upon both parties. SECTION 5. Each side shall bear the cost of its own witnesses and representatives. The cost of room accommodations shall be divided equally between the parties. The fees of the arbitrator shall be divided equally between the parties. Any party requesting a transcript will bear its own cost, unless otherwise agreed. SECTION 6. The arbitrator shall have no authority to substitute his judgment for that of the Employer on an issue of management discretion, to assess any compensatory or punitive damages, nor to impose as a remedy any back pay to any employees or individuals who are not grievants. No award of back pay to any grievant shall date back to a time prior to the date the grievance arose. All awards of back pay under this Agreement shall be offset by unemployment compensation benefits, workers' compensation benefits (except medical), any and all earnings which were or should have been earned by the grievant, and any other compensation from other sources during any period of unemployment for which back pay is awarded. SECTION 7. Subject to the constraints of the Fire Fighters' Bill of Rights, the Employer shall have the right to require employees to divulge to it any information or knowledge, direct or secondary, that they may have concerning any aspect of the employment relationship between the Employer and any employee or employees in investigations relating to grievances, to the end that the Employer shall be able to fully and completely evaluate all such matters and shall be able to carry out 23025v8 22 all of its functions on the basis of the best information available. Whenever the employee is subjected to interrogation the Employer must follow the constraints of the Firefighter Bill of Rights. SECTION 8. The Union shall have the right to file and pursue grievances: 1. In behalf of itself as to, and only as to, contract rights running to the Union as entity, such as those provided to the Union in the Article V on dues check -off. 2. In behalf of individual employees who personally sign the grievance document, as to contract rights running to those employees individually. SECTION 9. The right of the individual employee to present and pursue grievances under this Article, without representation by the Union, is preserved inviolate, subject only to such limitations as may be contained in Chapter 447, Florida Statutes SECTION 10. A unit employee shall not at any time refuse any instruction or order given to him or her on the ground that the instruction or order violates this Agreement or otherwise is improper. A Firefighter may, in a non -emergency situation, bring to his supervisor's attention that the particular action is in violation of the Agreement. To the contrary, each employee shall at all times accept and promptly execute all instructions and orders given, reserving the right to grieve the matter, if grievable, and seek redress by such means. The sole exception to this Section shall be a situation in which unreasonably risking his life or that of others, or risking great bodily harm to himself or others beyond the risk taken by persons similarly employed as a matter of exception in the profession. If the employee relies upon this exception, he proceeds at his peril and may be discharged or disciplined if unable to prove the risk described. No Change 23025v8 23 ARTICLE 12 MANAGEMENT RIGHTS SECTION 1. The employee organization agrees that the City has and will continue to retain, whether exercised or not, the right to operate and manage its affairs in all respects; and the powers of authority which the City has not officially abridged, delegated or modified by the express provisions of this Agreement are retained by the City. The rights of the City, through its management officials, shall include, but shall not be limited to, the right to determine the organization of City government; to determine the purpose of each of its constituent departments; to exercise control and discretion over the organization and efficiency of operations of the City; to set standards for service to be offered to the public; to direct the employees of the City, including the right to assign work and overtime; to hire, examine, classify, promote, train, transfer, assign, and schedule employees in positions with the City; to suspend, demote, discharge, or take other disciplinary action against employees for just cause; to increase, reduce, change, modify or alter the composition and size of the work force, including the right to relieve employees from duties because of lack of work or funds; to determine the location, methods, means, and personnel by which operations are to be conducted, including the right to determine whether goods or services are to be made or purchased; to establish, modify, combine or abolish job pay positions; to change or eliminate existing methods of operations, equipment or facilities. Changes to department policy on promotions for union members shall be negotiated prior to change. SECTION 2. The City has the sole authority to determine the purpose and mission of the City, to prepare and submit budgets to be adopted by the City Council. SECTION 3. The City shall enforce and comply with the provisions of this Agreement so as not to violate the City Charter or any Ordinance or Regulation thereof. 23025v8 24 SECTION 4. The exercise of such rights shall not preclude the employee organization from raising grievances, should decisions on the above matters have the practical consequence of violating the terms and conditions of this collective bargaining agreement or any City Ordinance and/or Regulation or the City Charter. SECTION 5. Nothing contained herein shall be construed to constitute a waiver by the employee organization of its right to negotiate over the impact of managerial decisions on all terms and conditions of employment. SECTION 6. Management shall use as guidelines set forth in various NFPA, NIOSH, OSHA, ANSI, Florida Statutes and City Ordinance in the management of the Fire Department. Changes made 23025v8 25 ARTICLE 13 UNRELATED WORK SECTION I. No employee shall be assigned any duties which are unrelated to fire fighting, fire prevention, rescue, salvage, overhaul work, care and maintenance of fire fighting equipment and apparatus or any other similar related work. In addition, no such employee shall be assigned any duty, which is unrelated to that required to maintain the quarters in which he/she is employed in a clean, safe and sanitary manner. The following Fire Department positions: Senior Captain, Captain, Lieutenant and Firefighter will perform preventative hydrant maintenance and be responsible for fire flow testing in accordance with ISO standards. SECTION 2. Supplies deemed necessary by the Chief to maintain fire apparatus and living quarters will be provided by the Employer in sufficient quantities. No Change 23025c8 26 ARTICLE 14 PERSONNEL FILES SECTION 1. All Employees covered by this agreement shall have immediate access to their individual personnel files by prior appointment with the Fire Chief. All Items contained in such file shall be available for review. Within forty-eight hours after entry in to the employees file, a copy of any item that would be considered negative toward the employees' efficiency evaluation or formal reprimands shall be sent to the affected employee. SECTION 2. Formal reprimands without further penalty more than fifteen (15) months old, and those with additional penalty more than three (3) years old, will not be considered for purposes of promotion, transfer or special assignments. All members have the right to review their master personnel file and identify all such documents. Upon concurrence of the Deputy Chief and Administration that such documents have been appropriately identified, they will be placed in an envelope, sealed, and initialed by the member. The envelope will be placed in the member's personnel file and will be opened only in the event that the member is in the future, subject to discipline or access is deemed necessary by the City or other legal or administrative proceedings. No Change 23025v8 2% ARTICLE 15 WORK RULES SECTION 1. It is understood and agreed that the duties performed by members of the bargaining unit cannot always be covered by job descriptions and, therefore, members of the bargaining unit may be required to perform duties in addition to those listed within the job descriptions. SECTION 2. Bargaining unit members can be requested to work as an emergency Dispatcher (Fire only) off of his/her scheduled shift on a volunteer basis only. In the event where all resources have been exhausted, a volunteering bargaining unit member required to work as a Dispatcher shall be called from the volunteer Dispatcher overtime list on file with the dispatch supervisor SECTION 3. It is understood management has the right to move personnel among stations: But it must be done on a Annual basis, unless personnel issues are involved (on a case by case basis). Change Made 23025v8 28 ARTICLE 16 HEALTH AND LIFE INSURANCE SECTION 1 The City will make available the same health and life insurance programs on a group basis to bargaining unit employees as are made available to all other non -managerial City employees. The City reserves the right to reduce or increase the benefits payable under coverage's, to alter or cease any coverage's, to raise or lower any "out-of-pocket" amounts and to raise or lower any deductibles and otherwise determine the coverage to be made available and the premium costs of the same, provided that such benefits, coverage's, amounts and deductibles remain the same as those made available to all other non -managerial City employees. SECTION 2. The City will make contributions towards the cost of such insurance for bargaining unit members, in the same amounts as it makes for all other City employees. Bargaining unit members will pay a share of the total premium through deductions from payroll, for the cost not paid by the City. SECTION 3. The Union will be notified of any change in insurance carriers, nature or scope of coverage or amount of coverage and increased amounts to be paid by employees under this Article and has the right to impact bargain over these issues. No Change 23025v8 29 ARTICLE 17 TRAINING SECTION I. When employees attend required training, they will be compensated in accordance with the provisions of the Fair Labor Standards Act. SECTION 2. Training will be deemed to be required only when an employee is given a direct order by the Fire Chief or his designee to attend training. Thus, if the City merely advises employees of available training courses and offers to pay all or part of course tuition, but does not order an employee to attend the courses, any employee attending courses will be engaged in voluntary training, and thus will not be engaged in compensable work hours. SECTION 3. The Employer shall pay unit members overtime for attending mandatory educational courses or courses that are required for their next level of promotion — if such courses are taken in addition to the satisfaction of a full schedule in accordance with the Fair Labor Standards Act. SECTION 4. Formal training may include refresher training and shall comply with Chapter 11 of the City's personnel manual. Dependent upon the finances available, the City may pay for an employee to attend a recertification training course or, at its discretion, conduct a recertification training course at no cost to the employee. With respect to recertification training, employees will be placed on training leave and permitted to attend the training provided that staffing does not fall below the minimum manning required and the employee complies with Chapter 10 of the City's personnel manual. SECTION 5. Training leave will be granted for that period of time that occurs during the scheduled work day, subject to staffing levels. No Change 23025v8 30 ARTICLE 18 MILEAGE SECTION 1. Employees who are ordered to report to another station after reporting to their regular duty station, and use their personal vehicle for transportation to the other station, will be eligible for mileage reimbursement at the rate as prescribed in Section 112.061, Florida Statutes, for the number of miles driving the most direct and shortest route from their regular duty station to the other assigned station. This rate changes from time to time, and it is agreed that it shall be changed as may be necessary during the term of this Agreement without collective bargaining on the subject. Station 1 to Station 3 is 2.2 miles; Station 1 to Station 2 is 4.9 miles; Station 2 to Station 3 is 2.7 miles. SECTION 2. Mileage will not be paid for the trip from the employee's home to the employee's assigned place of duty, or from the assigned place of duty to the employee's home. SECTION 3. Any bargaining unit member required by the Employer to use their personal vehicle for city business in mandatory education will be reimbursed in accordance with Section 112.061 Florida Statutes. No change 23025v8 31 ARTICLE 19 PAYMENT OF INSURANCE DEDUCTIBLE SECTION 1. In the event a bargaining unit member is found to be at fault in any accident while operating a city owned motor vehicle or equipment in a non -emergency situation, it will be the responsibility of the bargaining unit member to reimburse the City of Crestview the amount of the deductible on the City's insurance coverage. If the bargaining unit member is unable to pay the entire deductible at once, the deductible may be paid by payroll deduction installments approved by the Fire Chief and the City Clerk. SECTION 2. A bargaining unit member who is operating a city motor vehicle or equipment according to departmental safety standards during an emergency situation and is involved in an accident shall not be responsible for paying the amount of the insurance deductible to the City. SECTION 3. In the event that the City does not pay the insurance deductible for an accident referenced in this article, the Union Member will not be responsible for paying the deductible to the City. No Change 23025v8 32 ARTICLE 20 TRADING TIME SECTION 1. Time changes may be voluntarily undertaken between two (2) bargaining unit members upon approval of the employee's Battalion chief., Approval for voluntary time changes will not be unreasonably withheld. SECTION 2. The responsibility for arrangement for the repayment of such time rests with the employees involved. SECTION 3. No obligation shall be placed upon the City of Crestview for repayment of time voluntarily traded or repaid between employees. SECTION 4. Time change shall be submitted 24 hours prior to the change date and time,. Exception will be addressed on a case by case basis with approval by the Fire Chief or his Designee. All swaps should be completed within 90 days but may be extended an additional 90 days upon request by both parties to the Battalion Chief SECTION 5. Time changes are allowed between union members, or with Senior Captains as long as a Battalion Chief is on Duty. SECTION 6. No Trading Time Change will be unreasonably denied. SECTION 7. If the person that is supposed to work is unable to work, it is that person's responsibility to arrange for someone to work in their place that meets the requirements. that arc required. They will notify the Senior Fire Officer on duty as soon as they can, but prior to 0700 hours of the change. The new person will call the Senior Fire Officer and advise them when they will be at work. The person who was supposed to work will be charged Annual Leave until their 23025v8 33 replacement arrives. If they are not able to obtain a replacement or cannot do so in a timely manner (report to work no later than 0830), They will be charged 24 hours without pay (unless it is an issue of Workers Compensation or documented illness of the employee and a Doctor's excuse is provided) and the city shall pay overtime for a replacement worker Change Made 34 ARTICLE 21 WORKER'S COMPENSATION The City will provide bargaining unit employees Worker's Compensation benefits under the conditions set forth in the Florida Statutes Section 440 et seq. SECTION 1. All bargaining unit members shall be responsible to immediately report to their supervisor all injuries that occur on the job. If the accident occurs on a weekend or during a holiday it should be reported upon reporting to work the next duty day. Delay in reporting injuries may cause the complication of the injury and delay recovery and payment of such employee workman's compensation benefits. SECTION 2. Bargaining Unit members will be permitted to donate sick leave in accordance with City of Crestview Resolution No. 02-08 and Chapter 10 of the City's Personnel Manual. No Change 23025v8 35 ARTICLE 22 LEAVES OF ABSENCE The Union accepts Chapter 10 (Leaves of Absence) in the City of Crestview Employee Personnel Manual dated 5-09-08 in its entirety, except sick leave shall be accrued at the rate of 12 hours per month. Bereavement Leave will be 2 shifts off. The Union is to be notified before any changes are made in Chapter 10, to allow for Impact Bargaining on items not covered by the contract. Change Made 2 3025v8 36 ARTICLE 23 OUTSIDE EMPLOYMENT SECTION 1. Bargaining unit members are not prohibited from engaging in other employment during their off -duty hours. However, employment with the City of Crestview shall be considered the primary employment. No employee may engage in outside employment that interferes, or tends to interfere, with the interest of the City or the duties of the bargaining unit member. SECTION 2. Bargaining unit members who seek outside employment shall notify the Fire Chief or his designee the name of the part time employer, address and phone number. SECTION 3. Bargaining unit members agree that outside employment will not bring disgrace upon the City of Crestview or the Crestview Fire Department. No Change 23025v 37 ARTICLE 24 ACCOMMODATIONS AND MAINTENANCE SECTION 1. The City shall continue to provide the following, including but not limited to furniture, kitchen supplies, telephones, cooking equipment, laundering equipment, television, and radios in good working order. Future Fire Stations shall be constructed in accordance with NFPA standards for firefighter bunkroom space. SECTION 2. Any repairs or replacement to items covered in this article will be completed immediately or within an acceptable timely manner, 60 days if funding allows. The Union President, the Chief and one additional representative of the Clerk's office shall jointly determine if the damage was due to fair wear and tear or misuse. The Union or Union member agrees to pay 50% of repair/replacement cost due to misuse. In the event it is determined that an individual Union Member(s) was responsible for willfully damaging any item referenced in this article, that individual(s) shall be responsible for one hundred percent (100%) of the replacement cost. The Union is not responsible for damages caused by non -union members. No Change 23025v 38 ARTICLE 25 HOLIDAYS SECTION 1. The City will provide bargaining unit employees with personal holidays in accordance with Section 9.07 of the City of Crestview Personnel Manual. New Years Day Martin Luther King Jr. Day President's Day Good Friday Memorial Day Independence Day September 11 Veteran's Day Thanksgiving Day Friday after Thanksgiving Day Christmas Eve Christmas Day SECTION 2. If the City creates a holiday in excess of twelve (12) in the year the bargaining unit will receive the newly created holiday. Included in this shall be if and when September 11 `'' becomes a recognized holiday by the Federal Government, Labor Day will be added into the above listed holidays without negotiation. SECTION 3. Bargaining Unit Members will be paid 11.2 hours of their individual base pay if they are not at work during a contracted holiday. Any bargaining unit member required to work on a contracted holiday shall receive compensation at the rate of two (2) times their regular rate of pay for actual hours worked up to seventeen (17) hours. (Holiday pay plus regular pay). No Change Actual holiday - Day that is worked is paid instead of City observed day. 23025v8 39 ARTICLE 26 PENSIONS The City of Crestview's Police Officers' and Firefighters Retirement Plan shall define the Pension benefits for the bargaining unit. No Change 23025v8 40 ARTICLE 27 SECTION 125 PLAN SECTION 1. The City will make available a Section 125 plan on a group basis to bargaining unit employees to the same degree that such a plan is provided to other non -managerial City employees. SECTION 2. Eligible participating bargaining unit employees will pay the full administration cost for their participation in the plan. SECTION 3. The City reserves the right to terminate or alter provisions of the Section 125 plan or any part thereof for unit members on the same terms as all other City employees, with prior notice. SECTION 4. The wages of employees for pension contributions and pension benefit purposes will be based on the gross wages, before the Section 125 redirection. SECTION 5. Nothing herein, nor in the Section 125 plan, except requirements established by the Internal Revenue Service governing the administration of such plans, shall affect the provisions for Health and Life Insurance under Article 13. No Change 23025v8 41 ARTICLE 28 DEFERRED COMPENSATION SECTION I. Bargaining unit employees may participate in the Deferred Retirement Option Program in a manner consistent with Florida law and the Ordinances of the City of Crestview. No Change 23025y8 42 ARTICLE 29 CALL BACK PAY A bargaining unit member called back to work during his scheduled work period shall be entitled to "Call Back" pay for actual time worked, but in no instance will the member be compensated for less than two (2) hours if called back to work between 7:01 A.M. and 8:59 P.M. or for no less than three (3) hours if called back to work between 9:00 P.M. and before 7:00 A.M. Call back pay is computed at the member's regular rate of pay. Overtime involving call back shall be calculated on a work period basis and only the time the employee physically works in excess of his specified work week hours shall be paid or the employee may be given equivalent compensatory time. No Change 23025v8 43 ARTICLE 30 UNIFORM AND FOOD ALLOWANCE SECTION 1. Employer agrees to continue paying the thirty dollars ($30.00) food and clothing allowance per month for each employee. No Change 23025v8 44 ARTICLE 31 TOUR OF DUTY SECTION 1. A normal duty day will be from 0700 hours to 1700 hours, with a one -hour lunch to be taken between the hours of 1100-1300 hrs. With the exception of lunch being interrupted by emergency/service calls. Requirements after 1700 hours will be limited to that necessary to keep the apparatus and equipment in the state of readiness and/or for proficiency training. SECTION 2. An exception to a normal Tour of Duty is during all City contracted holidays, Saturdays beginning at 07:00 am and Sundays, after vehicle checkouts have been accomplished and with the understanding that the on duty shift has a duty to act for emergency and service calls Change Made 23025v8 45 ARTICLE 32 DISCIPLINARY ACTION AND DISCHARGE SECTION 1. During the first three (3) months of their employment with the Fire Department, all employees are considered to be probationary, meaning in part that they are subject to discipline, up to and including dismissal, without recourse to the Grievance and Arbitration process. SECTION 2. The following is a non-exclusive list of cause which shall be deemed just reasons for severance of the employment relationship; 1. Drinking or being under the influence of intoxicant, narcotics controlled substances or hallucinogens during duty hours. 2. Dishonesty. 3. Fighting on duty. 4. Willful violation of a publicized employment rules or regulations. 5. Insubordination. 6. Failure to abide by prescribed standards as to personal appearance. 7. Habitual tardiness. SECTION 3. Discipline shall be accomplished in a constructive, progressive manner, so as to rehabilitate and correct an offender, if at all possible. SECTION 4. The types of disciplinary actions that may be taken will include documented verbal counseling, written reprimand, suspension with pay, suspension without pay, probation or termination. The type of disciplinary action to be taken shall be consistent with the severity of the conduct and whether it is a repeat offense. No Change 46 ARTICLE 33 NO TOBACCO USE The Union agrees to abide by the no tobacco use policy adopted by the Crestview Fire Department effective on August 31,2004. 230250 No Change 47 ARTICLE 34 JOINT OCCUPATIONAL SAFETY AND HEALTH SECTION I. It is the Employer's and the Union's intention and desire to obey the laws of the State of Florida with reference to matters of safety and health. SECTION 2. The Union and the unit employees will at all times cooperate with the Employer in its efforts to comply with all of its legal obligations by reporting any unsafe conditions to management in a prompt and efficient manner. SECTION 3. The Employer and its Employees will use their best reasonable efforts to maintain all gear and equipment used by them in first class condition. SECTION 4. The Employer will meet at mutually convenient times with the Union representatives to discuss matters of mutual concern relating to safety and health, in order that it may have benefit of the Union suggestions. SECTION 5. The Union and Employer accept the Standard on Fire Department Infection Control Program NFPA 1581 2000 Edition in its entirety. SECTION 6. The Union and Employer accept Florida Administrative Code 4A-62.003 Section 3 (2 in — 2 out rule) and its entirety. SECTION 7. The Employer will provide a Workplace Safety Committee and Safety Coordinators in compliance with Florida Statutes 633.810. SECTION 8. Firefighters shall not he required to perform non -emergency duties such as fire hose testing and hydrant test flowing when temperatures reach 95 degrees (Fahrenheit) or heat index of 95 degrees (Fahrenheit), or wind chill of 35 degrees. Excluded from this is pre -fire planning, all firefighters have a duty to act in case of fires, accidents, EMS calls and other emergencies and during calls for service. They also have a requirement to act to restore vehicles and 23025v8 48 equipment to a response condition. During high temperatures and low temperatures indoor work shall be accomplished such as pre -planning, training and other types of paperwork or efforts. SECTION 9. Employee Assistance Program. (See attachment). The Employer will establish an Employee Assistance Program for all employees who may require assistance with problems of a personal nature, which program shall be subject to the following conditions: I. Prior to the implementation of the program a detailed cost of services, methods and procedure will be agreed upon between Local and the City with respect to all aspects of the program. No new or additional services, methods and procedures will be implemented without the agreement of both the Local and the City. 2. Participation in the Employee Assistance Program will be voluntary, and no employee will be ordered, coerced, or in ally way intimidated in order to require the employee to utilize the services provided under the program, or any other services in strict confidence, and no such information shall be disclosed in any proceedings involving the employee or between the parties without the consent of the Local and the employee involved. 3. Any information or communication whatsoever relating to the employee's participation in the program, or obtained as a result of an employee's participation in the program or in connection with the use of the program, shall be kept in strict confidence, and no such information shall be disclosed in any proceedings involving the employee or between the parties without the consent of the Local and the employee involved. No Change 23025v8 49 Blue Options For Large Groups Health Benefit Summary Plan 1562 Benefits for Covered Services Mental Health/Substance Dependency Mental Health (PCY) Inpatient Hospital Facility Services (per admit) In -Network (Option I/Option 2) Out -of -Network Outpatient Office Visit In -Network Specialist Out -of -Network Amount Member Pays 30 Inpatient days, 20 Outpatient visits $600 Copayment/$1,000 Copayment CYD + 50% Coinsurance $30 Copayment CYD + 50% Coinsurance Substance Dependency (Lifetime Max) Inpatient Hospital Facility Services (per admit) In -Network (Option I/Option 2) Out -of -Network Outpatient Office Visit In -Network Specialist Out -of -Network $2,500 $600 Copayment/$1,000 Copayment CYD + 50% Coinsurance $30 Copayment CYD 50% Coinsurance ARTICLE 35 WORKING OUT -OF -CLASSIFICATION SECTION I. A Bargaining unit member, who accepts the responsibilities of a higher position/rank above the rank he/she normally holds, shall be at the rate of the higher position/rank as follows: No Change 23025v8 1. Firefighter to Lieutenant F05/current step to F06/current step, if not certified as a Lieutenant. 2. Firefighter to Lieutenant F05/current step to F07/current step, if he/she is Certified as a Lieutenant. 3. Lieutenant to Captain — Grade 7 of current step to Grade 8 of current step. 50 ARTICLE 36 UNION BUSINESS SECTION 1 . The Employer will consider requests from Union officers to engage in Union business or activity, and may approve same at the discretion of the Fire Chief. Time off granted for such purposes shall be without pay, unless it is covered by pool time. Such time off shall not be unreasonably withheld. SECTION 2. The Employer and Bargaining Unit will schedule negotiating sessions at times, which are mutually convenient and endeavor to agree to meeting during their on -duty time, although those employees will remain on call during the negotiations. SECTION 3. The Employer agrees to permit one (I) bulletin board at each station for the purpose of displaying official Bargaining Unit business or activities. It is, however, agreed and understood that materials to be posted shall be submitted to and initialed by the Fire Chief for his/her review in advance, and materials which are derogatory, abrasive, abusive, intemperate in language, not related to Bargaining Unit business, or which are factually inaccurate, may not be posted and may be removed. It is however agreed and understood that materials to be posted shall be submitted to and initialed by the Battalion Chief or Standby Chief. SECTION 4. The Bargaining Unit may meet for up to two (2) hours once per month at Station 3 provided the meeting in no way interferes with operations at the discretion of the Shift Commander. Additional meetings are subject to approval by the Shift Commander. Such meeting shall not be unreasonably denied. During contract negotiations the Union contract committee may meet three (3) times a month at Station 3 to facilitate the Collective Bargaining. SECTION 5. Pool time will be permitted for the President or his/her designee of the Bargaining Unit provided such leave does not cause overtime. Bargaining Unit members may 23025v5 51 contribute vacation time voluntarily, provided that all donated time is submitted to the Finance Director no later than the last pay period in December of each year. The Bargaining Unit shall maintain all records of pool time accrual and usage. The Bargaining Unit shall notify payroll during the same pay period that the pool time is used. The City is held harmless. Pool time used is to be rounded to the nearest hour when it is reported to payroll. No change 23025v8 52 ARTICLE 37 PRINTING OF AGREEMENT The City will furnish three (3) copies of this Agreement to the Union. No Change 23025v8 53 ARTICLE 38 RULES OF CONSTRUCTION Notwithstanding any other term or provision of this Collective Bargaining Agreement, it is expressly agreed that this Collective Bargaining Agreement shall not, in any of its parts, be construed by any arbitrator or court in any way which supersedes or preempts applicable Federal or State Laws, and Statutes, or the City of Crestview Charter. In any grievance arising under the Collective Bargaining Agreement, the arbitrator, in rendering his award, shall be bound by and shall apply the foregoing standard contained in this paragraph. No Change 23025v8 54 ARTICLE 39 DRUG TESTING SECTION 1. The Parties will observe the City's policy on drug testing. SECTION 2. The City agrees to impact bargain with the Union over any unilateral changes in the cutoff levels due to advances in technology or other considerations that impact the identifi- cation of the substances tested. No Change 23025v8 55 ARTICLE 40 WORK ATTIRE SECTION I: All union members will be allowed to wear black cargo shorts with black tennis shoes and socks either white or black and departmental issued shirts or Union T-Shirts for work attire year-round. The Union members are allowed to purchase work related items (at no cost to the city) that will aid in their efforts during medical calls, vehicle extractions, wild land and structural firefighting, so long as approved by NFPA, and as long as preapproved by the Chief. The city will not be responsible for replacement of these items if damaged or lost, SECTION 2: The black or appropriate color cargo shorts and black tennis shoes will be purchased by union member. Union T-shirts and shorts style will be approved by Fire Chief or his designee and cannot be unreasonably denied. SECTION 3: Union members may wear IAFF union logo lapel pin no larger than 1/2 inch on golf shirts on the left collar. SECTION 4: During special details such as parades and public functions, shorts may not be worn. Change Made 23025v8 56 ARTICLE 41 LUNCH AND DINNER SECT ION 1 . Union members may eat at any appropriate eating establishment as determined by the Chief once a week for mid -day meal as a crew. SECTION 2. Crews may call ahead anytime and order food for takeout from any location within the City and send one person to pick-up the food in a response vehicle as long as minimum manning levels are maintained at each Station. SECTION 3. Subject to minimum manning levels, Union members may take Sunday Brunch in lieu of a breakfast and lunch period. SECTION 4. Food pick up shall be once a shift by each station either precooked or for cooking at a station. No change 23025vg 57 ARTICLE 42 OVERTIME SECTION 1. The city agrees to pay overtime compensation to bargaining unit members in accordance with the Fair Labor Standards Act and the City Personnel Policy, Chapter 9.03. SECTION 2. The scheduled overtime (3 hours) per week will be compensated Regardless of employee time off (sick or annual leave). (1) There will be three separate overtime lists, one each for A Shift, B Shift and C Shift. (2) Each List shall be maintained in a separate box clearly labeled by Shift. A - A Shift List: Personnel assigned to C Shift will be the first ones contacted for overtime support for A Shift. B - B Shift List: Personnel assigned to A Shift will be the first ones contacted for overtime support for B Shift. C - C Shift List: Personnel assigned to B Shift will be the first ones contacted for overtime support for C Shift. 230250 (3) Each box will be kept in the following manner: A - by Shift B - Alphabetically to start C - Log person's name, rank, contact numbers D - Log date and time contacted for overtime, either worked or reason not working, with who contacted them with date and time. E - Log date and time contact was attempted if contact not made and who made the attempt. F - Move the person to rear of the box regardless if contact is made or not. G - Valid reasons to not work overtime are only: child care, doctor's appointment, out of town, etc...have to work a 58 " part- time job is not a valid reason. H_ If no one is able to work from the primary shift support list, use the next list of the shift off duty for the period of overtime needed. (4) The Senior Fire Officer on duty is responsible for arranging overtime support. No change 23025v8 59 ARTICLE 43 ENTIRE AGREEMENT SECTION I. This Agreement constitutes the entire agreement between the Employer and the Union. The parties acknowledge that during the 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 the parties after the exercise of that right and opportunity are set forth in this Agreement. If, at any time during the term of this Agreement, the parties arrive at any agreement which adds to, deletes, or waives any of the terms of the Agreement, it will be reduced to writing and signed by both parties. SECTION 2. This contract constitutes the entire agreement and understanding between the parties and shall not be modified, altered, changed or amended in any respect except on mutual agreement set forth in writing and signed by both parties. No Change 230250 60 ARTICLE 44 TERM OF AGREEMENT SECTION 1. With the exception of Article 9, Wages and Promotions, this Agreement shall be in full force and effect from the date of ratification through 11:59 p.m. September 30, 2014. SECTION 2. If proper notice has been given by either party pursuant to Section 1, but no new or successor agreement has been reached, then this Agreement will stay in effect until a new contract is ratified. Any items riot listed on an itemized statement of desired changes will not be open to negotiation with respect to the new contract. SECTION 3. Upon written notice to be delivered to the bargaining representative of the employer or union, each party may reopen three (3) articles, in addition to Article 9, Wages and Promotions, to be negotiated for the fiscal years of 201 1-2012, 2012-2013 and 2013-2014. Written notice to reopen any Article pursuant to this Article is to be provided by the party seeking to reopen the respective Article(s) by May 1, 2012 for the fiscal year of 2012-2013. Subject to SECTION 1 above, the entire contract is open for negotiation beginning May 1, 2014 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers and representatives. FOR THE CITY OF CRESTVIEW BY: ATTEST: Change Made 61 IAFF LOCAL 2680 INESS BY: Q� COMMITTEE MEMBER E BY• Note: Term of Contract - 3 Years 23025v8 COMMITTEE MEMBER a I i