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Contract 2024-059ACollective Bargaining Agreement Between the International Association of Firefighters, AFL-CIO — Clermont Professional Firefighters Local 4350 And the City of Clermont, Florida October 1, 2024 through September 30, 2027 10/ 1 /2024 Table of Contents Article Description Page No. Preamble................................................................................ 1 Article 1 Recognition............................................................................ 2 Article 2 Prevailing and Management Rights ....................................... 3 Article 3 Non-Discrimination............................................................... 5 Article 4 Administrative Investigations................................................ 6 Article 5 Professional Standards and Disciplinary Action .................... 7 Article 6 Personnel Records.................................................................. 9 Article 7 Work Period and Work Shift ................................................. 10 Article 8 Overtime, Overtime Pay and Compensatory Time ................ 11 Article9 Extra Duty.............................................................................. 14 Article 10 Annual Leave......................................................................... 15 Article 11 Sick Leave.............................................................................. 16 Article 12 Bereavement Leave................................................................ 17 Article 13 Leave of Absence................................................................... 18 Article 14 Military Leave and Military Duty .......................................... 19 Article 15 Workers' Compensation/Injury Leave ................................... 20 Article16 Vehicles.................................................................................. 21 Article 17 Personal Day.......................................................................... 22 Article 18 Insurance................................................................................ 23 Article 19 Union Representatives and Business ..................................... 24 Article 20 Reduction in Work Force ....................................................... 26 Article 21 Dues Deduction...................................................................... 28 Article 22 Grievance Procedure.............................................................. 29 Article 23 Arbitration.............................................................................. 32 Article 24 Employee Educational Assistance ......................................... 34 Article 25 Physical Examinations........................................................... 35 U Table of Contents Article Description Page Article 26 General Provisions................................................................. 37 Article 27 Locker Room Facilities.......................................................... 38 Article28 Voting.................................................................................... 39 Article29 Wages..................................................................................... 40 Article30 Holidays................................................................................. 43 Article 31 Promotions............................................................................. 45 Article 32 Damage or Loss to Personal Property .................................... 46 Article33 Pension.................................................................................. 47 Article 34 Performance Evaluations....................................................... 48 Article 35 Uniforms and Equipment....................................................... 49 Article 36 Modified Duty Assignment.................................................... 50 Article 37 Smoking, Vaping and Tobacco Use ....................................... 52 Article 38 Health and Safety................................................................... 53 Article 39 Reduced Activity Period........................................................ 54 Article 40 Special Events........................................................................ 55 Article 41 Indemnification...................................................................... 56 Article 42 Severability Clause................................................................ 57 Article 43 Publication of the Agreement .................................... 58 Article 44 Complete Agreement .............................................. 59 Article 45 Duration................................................................. 60 SignaturePage...................................................................... Preamble This agreement is entered into by and between the City of Clermont hereafter referred to as the "City" or "employer" and the International Association of Firefighters, AFL-CIO, Clermont Professional Firefighters Local 4350 hereafter referred to as the "Union." The general purpose of this Agreement is to establish wages, hours and terms and conditions of employment for bargaining unit members and to provide an orderly procedure for the resolution of grievances. In this Agreement, the terms "Clermont," and "the City," refer to the employer, the City of Clermont and its Fire Department. The terms "bargaining unit member," "member," or "employee," refers to the full-time certified Firefighters employed by the City of Clermont in the classification of Firefighter, Firefighter/Inspector, Engineer and Fire Lieutenants. Uses of gender references, "he" and "she" are considered interchangeable. Article 1 Recognition 1.1 The City hereby recognizes the International Association of Firefighters, AFL- CIO Clermont Professional Firefighters Local 4350, as the sole and exclusive bargaining agent for the purpose of collective bargaining with respect to wages, hours and other conditions of employment for those employees of the City of Clermont working within the certified bargaining unit, as established by order of the Florida Public Employees Relations Commission (PERC). 2 Article 2 Prevailing and Management Rights 2.1 The Union recognizes the prerogative of the City, except as expressly abridged by any provision of this Agreement, to exercise exclusively all of the normal and inherent rights of management with respect to the Fire Department, including but not limited to, the right to determine the purpose of its constituent divisions, to set standards of service, and to exercise control and discretion over its organization and operations to ensure efficiency. It is also the right of the City to direct its certified Fire employees, to take disciplinary action for proper cause, and to relieve its certified Fire employees from duty, provided in so doing the provisions of this agreement are not violated. 2.2 The City reserves the right: A. To select and direct the work force in accordance with requirements determined by management. B. To establish and change individual work schedules and assignments. C. To assign and distribute available overtime work and to change work schedules in order to minimize overtime work. D. To make and enforce work performance standards. E. To make and change reasonable rules and regulations and to determine disciplinary action for the failure to obey such rules and regulations. F. To determine if a formal investigation/interrogation under FS 112.82 is warranted. G. To determine job descriptions. H. To make and enforce safety rules. I. To transfer and promote members. J. To determine the size and composition of the work force. K. To lay off bargaining unit members for lack of work or other legitimate reasons. K. To transfer, subcontract, and eliminate work. L. To regulate, control, change, or eliminate existing work procedures or equipment utilized for duty purposes. M. To suspend, discharge, demote, or otherwise discipline bargaining unit members for proper cause. N. To suspend provisions of this agreement during a time of declared emergency conditions, including but not limited to riots, civil disorders, hurricane or weather conditions, with the exception of the wage, benefit and damage or loss to personal property provisions. 2.3 The exercise of management rights shall not preclude bargaining unit members or their representatives from raising grievances should decisions on the above matters have the practical consequences of violating the terms and conditions of this collective bargaining agreement. 2.4 To the extent that exercise of the management rights described herein, modify or impact wages, hours or other terms and conditions of employment, the City agrees not to exercise such right without first affording the Union an opportunity to review and negotiate over the impact thereof. 4 Article 3 Non -Discrimination 3.1 There shall be no discrimination against any employee covered by this Agreement because of race, religious creed, color, national origin, sex/gender, age, disability, marital status, pregnancy, genetics, veteran status, political affiliation or sexual orientation and other protected classifications, as prohibited by State and/or Federal law. 3.2 There shall be no discrimination against any employee covered by this Agreement because of membership, non -membership or office held in the Union. 3.3 The City and the union oppose discrimination on the basis of age, race, religious creed, color, national origin, sex/gender, disability, marital status, pregnancy, genetics, veteran status, sexual orientation, or political affiliation, or any other protected classifications. However, the parties also recognize that the City has established an internal procedure to investigate and resolve alleged cases of discrimination that is in addition to existing and adequate procedures established by the State of Florida and the Federal Government. Accordingly, it is agreed that allegations of employment discrimination as described above cannot be processed through the contractual grievance/arbitration procedure. 5 Article 4 Administrative Investigations 4.1 Administrative investigations of bargaining unit members will be conducted in accordance with Florida Statute 112.80, ET. seq., known as the Firefighters' Bill of Rights. 4.2 The parties have incorporated by reference the statutory bill of rights in this Agreement to enable them to elect to invoke the grievance -arbitration procedure to remedy any alleged denial of rights, and not to effect any change in substantive rights under the statute as repeated herein. An employee may pursue enforcement of these rights through arbitration or in the courts, but if the bargaining unit member chooses to enforce these rights in court, the City is not obligated to arbitrate over these same issues. Should the referenced Statute be amended by legislature or court action during the course of this Agreement, the amendments will be incorporated and applied without further negotiation by the parties to this Agreement. The parties agree that alleged violations of Article 4 are not grievable. 4.3 No bargaining unit member shall be disciplined in any manner or otherwise discriminated against in regard to his/her employment or appointment, or be threatened with any such treatment, by reason of his/her exercise of the rights granted by the Firefighters' Bill of Rights. 4.4 If a bargaining unit member is the subject of an administrative investigation, he/she will be notified in writing. At the discretion of the Fire Chief he/she may be allowed to continue performing his/her regular duties or be reassigned to reasonable alternative departmental duty or placed on administrative leave with no loss of pay or benefits until such time as the investigation is completed and disciplinary action, if any, has been determined. Upon the completion of the investigative report, the bargaining unit member will be provided upon request and at no cost, a copy of the investigative report and supporting documentation. 4.5 The investigation findings under this Article will be classified as follows: A. Unfounded — The complaint is false or non-factual. B. Valid — There is sufficient information or evidence to substantiate the complaint. C. Invalid — There is insufficient information or evidence to prove or disprove the complaint. 4.6 A complete copy of the investigative report and supporting documentation, if requested, will be provided to the bargaining unit member and placed in the Fire Department's Administrative Investigation File. The report summary and discipline, if any will be placed in the personnel file. 31 Article 5 Professional Standards and Disciplinary Action 5.1 It is a statutory right of the City to establish rules and standards of performance and to discipline employees in accordance with those standards. When discipline is applied, the City shall, when possible, use a system of "progressive discipline" that uses an appropriate form of corrective action to obtain its intended purpose, which is to correct inappropriate conduct. However, the Union and City recognize that there are instances where the employee's conduct is such that progressive discipline is not warranted or required and discipline, up to and including discharge can be imposed by the City. Employees will not be discharged or disciplined without proper cause. A. Supervisory personnel are delegated the authority and responsibility for the proper direction, effectiveness, efficiency, conduct, and discipline of subordinate personnel assigned to them, subject to review by the Fire Chief. B. Prior to any disciplinary action being taken, management will address as appropriate to determine the applicable facts and evidence which would support or not support the need for disciplinary action. The circumstances will determine the need for a formal investigation and the extent therof. If an investigation is reasonably expected to result in disciplinary action involving suspension, demotion, or termination, such investigation will be conducted in accordance with Article 5 of this Agreement. 5.2 Counseling: All Supervisors are responsible for counseling employees when necessary to improve performance. Counseling is not considered discipline and is not subject to the grievance process. Supervisors shall document the written counseling on the city's Corrective Action form and Written Counseling records are considered public records and shall be maintained in the employee's personnel file. 5.3 Discipline may take the form of: A. Reprimand: Recorded admonishment of a deficiency or poor performance. B. Suspension: An unpaid period of time of not less than one shift and not more than two full pay periods (28 days). However, if the bargaining unit member has been suspended as the result of an administrative investigation into pending criminal charges, the bargaining unit member may be suspended until a final court disposition is rendered. C. Demotion: Reclassification from one position to another one of lower pay. rl D. Termination: A complete and irrevocable severing of the employment relationship. 5.4 If a bargaining unit member who is suspended pending final court disposition of criminal charges, is convicted or pleads guilty or nolo contendere to any criminal charge that disqualifies him/her from service as a Firefighter under Florida Statutes, he/she shall be terminated and shall not be entitled to any back pay or benefits. 5.5 If a bargaining unit member who is suspended pending final court disposition of criminal charges is convicted, pleads guilty or nolo contendere to or plea bargains to a misdemeanor offense that does not disqualify him/her under Florida Statutes, the bargaining unit member shall not be entitled to any back pay or benefits upon return to full duty. 5.6 All disciplinary action taken toward non -probationary bargaining unit members is subject to grievance. 5.7 Bargaining unit members shall be required to observe and comply with written regulations governing their employment as set forth in Department Operating Guidelines and written communications issued by the Department or the City, including the City's Employment Policies Manual, to the extent that such rules or directives are not in conflict with this Agreement. 5.8 No disciplinary action will be taken for violation of a rule or regulation until seventy-two (72) hours after posting or distribution of the rule or regulation. 5.9 Documentation by supervisors of incidents, acts, or behavior potentially leading to disciplinary action is essential. Record keeping must identify dates, times and circumstances. The affected bargaining unit member shall be notified by their Supervisor within a reasonable time when such data is being created and retained, which could result in disciplinary measures to provide the opportunity for correction prior to discipline being issued. 5.10 If disciplinary action is proposed that includes termination, demotion, or suspension without pay, the bargaining unit member will be provided a copy of the final investigative report (if applicable), and upon request, all other facts and evidence obtained. All members are provided an opportunity to discuss the proposed discipline with the Fire Chief or his/her designee in a pre -disciplinary hearing prior to the effective date of such action. The bargaining unit member will be given notice of the pre -disciplinary hearing no less than five (5) calendar days prior to the hearing. 5.11 Within fourteen (14) calendar days of the conclusion of the pre -disciplinary hearing, the Fire Chief shall notify the bargaining unit member of his/her final decision in respect to the form of discipline, if any. H.' Article 6 Personnel Records 6.1 The bargaining unit members' official personnel files are to be maintained in the City's Human Resources Department. 6.2 With the exception of those exemptions noted in Florida Statutes, records in the bargaining unit members' personnel files are public records and available for inspection. The release and disclosure of any records in these files will be under the authority of the City Clerk. 6.3 Bargaining unit members shall have the right to inspect and make copies of their personnel files at no charge. The records shall be made available during regular business hours. 6.4 Bargaining unit members shall be notified within a reasonable time frame when any personnel file record has been released in accordance with the public records laws. Documentation noting the date and identity, if known of the individual/organization requesting the personnel file record shall be placed in the personnel file. 6.5 The City agrees that a bargaining unit member shall have the right to include in his/her personnel file a written refutation of any material he/she considers to be detrimental. The employee's written refutation must be provided to the Fire Chief within thirty (30) days of the employee's receipt of the alleged detrimental information. 9 Article 7 Work Period and Work Shift 7.1 The work period for twenty-four hour bargaining unit members shall be twenty- one (21) consecutive days as provided for in Section 7 (k) of the Fair Labor Standards Act. The work period for eight (8) hour bargaining unit members shall be seven (7) consecutive days. 7.2 The work schedule for twenty-four (24) hour bargaining unit members shall be twenty-four (24) continuous hours on duty starting at 8:00 a.m. followed by forty- eight (48) continuous hours off duty. An eight (8) hour bargaining unit member's work schedule shall consist of five (5) days on and two (2) days off with their starting and ending times determined by the Fire Chief. A 40 hour employee's workweek shall consist of five (5), eight (8) hour workdays with an unpaid lunch break, or four (4), ten (10) hour workdays with an unpaid lunch break, per work week. 7.3 As noted in Article 2.2.B. of this Agreement, the City has the right to change individual work schedules (starting and ending times and days on/off) as needed. The City will give as much advance notice as possible when adjustments are made. 7.4 Each eight (8) hour bargaining unit member will be entitled to a one (1) hour unpaid lunch break. The time period for the breaks must be approved by the bargaining unit members' supervisor prior to the bargaining unit member taking the break. 7.5 Whenever a shift rotation occurs or a bargaining unit member rotates to a new shift, bargaining unit members shall be entitled to at least the number of hours equal to one scheduled shift of off -duty time prior to returning to work. 7.6 The bargaining unit members shall have the opportunity to bid by seniority for shift and/or station in accordance with Department Operating Guidelines. Seniority shall be based on the department's Time in Grade Seniority List (Article 27.9). The City retains the right to determine the number of slots available on each shift and override shift pick selections. 7.7 Twenty-four (24) hour bargaining unit members shall have one (1) twenty-four (24) hour shift off unpaid every twenty-one (21) days ("Kelly Day"). The City will give as much advance notice as possible when scheduling adjustments are made. 10 Article 8 Overtime, Overtime Pay and Compensatory Time 8.1 Overtime is defined as time worked in excess of one hundred fifty-nine (159) hours in a twenty-eight (28) day period as provided for in Section 7(k) of the Fair Labor Standards Act for twenty-four (24) hour bargaining unit members and in excess of forty (40) hours in a seven (7) day period for eight (8) hour bargaining unit members. 8.2 For the purposes of computing overtime, compensatory leave, sick leave, bereavement leave, annual leave, holiday leave, military leave, jury duty and any other absence from work while on a paid status will not be considered time worked. 8.3 Overtime must be assigned or authorized by management; an employee is not entitled to assign or approve overtime for him/herself. Overtime shall be scheduled at the discretion of management in accordance with department policies, procedures/guidelines, and procedures herein, except in instances of a declared emergency. 8.4 Anytime hiring of overtime or additional personnel is found by management to be necessary. Hiring for overtime shifts shall be handled in accordance with Department Operating Guidelines. 8.5 Members cannot be removed from the Mandatory Staffing Overtime program. 8.6 Anytime a person(s) is sent home prior to the end of their overtime shift the department will utilize the policy of last hired/first sent home as long as operational needs are met. 8.7 No member who is required by the department to be on duty pursuant to mandatory overtime, shall move from their current spot on the staffing overtime program, even if it is greater than twelve (12) consecutive hours. 8.8 Special event hiring will be paged out and hiring shall be done no sooner than 10 minutes after the page. The member on their Kelly day or highest on the list will be hired for the position, providing they meet the following requirements: rank for rank and based on certification(s) necessary for the position to be filled. Anytime overtime or need for additional personnel cannot be filled rank for rank the next lower rank or qualified person shall be offered the time in accordance with Department Operations Guideline. Working special events will not cause movement on the staffing overtime program unless hours worked are twelve (12) consecutive hours or greater. 8.9 Any person(s) on Kelly day who signs up to work overtime will have first choice for filling overtime positions. If more than one person on a Kelly day signs up to work, the person higher on the appropriate staffing overtime program will have the 11 priority in filling the position. If person(s) on Kelly day refuse overtime, overtime shall be filled according to appropriate staffing overtime program. 8.10 When hiring for projected overtime, the position will be paged out and hiring shall be done no sooner than 10 minutes after the page. Members will go into the staffing program and sign up for specific vacancies they want to work. If no one signs up after 10 minutes, the position will be filled as a mandatory vacancy for the first projected shift only. 8.11 For immediate vacancies, the Battalion Chief will look at the staffing overtime program and use it to fill the vacancy. Members on their Kelly day or highest on the overtime list will be hired for the vacancy. If there is a need to fill the immediate vacancy, the Battalion Chief shall page out the vacancy and fill it no sooner than 10 minutes. If the need to fill the vacancy still exists after 10 minutes the position will be filled as a mandatory vacancy. 8.12 A mandatory staffing overtime program will be kept separate from the overtime list. When the department hires mandatory overtime vacancies, vacancies will be filled using the Mandatory List. When a person accepts mandatory overtime, he will move to the bottom of the Mandatory List. 8.13 Any person on annual leave, sick leave, personal day, Kelly day, or training leave will not be assigned mandatory overtime until returning to their next shift. Mandatory overtime will be assigned to the next person on the Mandatory List. 8.14 The Fire Chief has the authority to waive the requirements of Article 9.4 — 9.13 in the event of an actual or pending emergency. 8.15 Overtime worked shall be compensated at one and one-half (1.5) times the bargaining unit member's regular rate of pay as defined in the Fair Labor Standards Act. 8.16 In lieu of receiving cash for overtime worked in excess of one hundred and fifty- nine (159) hours in a twenty-one (21) day period or forty (40) hours per workweek, as applicable, employees may request compensatory time. A. Equivalent compensatory time for each overtime hour worked based on Article 9.17 of this Agreement will be credited to the employee at the end of the work period in which the overtime was worked. Records related to accrual and use of compensatory time are maintained by the Finance Department. B. The maximum accrual of compensatory time is seventy-two (72) hours for twenty-four (24) hour shift employees and forty (40) hours for eight (8) hour shift employees. When an employee has reached his/her maximum accrual, the City will include payment for any subsequent overtime in the employee's paycheck. 12 C. A bargaining unit member who has accrued compensatory time and requested use of this compensatory time shall be permitted to use such time off within a reasonable period after making the request, if such use does not unduly disrupt the operations of the department. The minimum time period for use of compensatory time is four (4) hours for twenty-four (24) hour shift employees and one (1) hour for eight (8) hour shift employees. D. Bargaining unit members may use compensatory time accrued in conjunction with the use of vacation leave. E. Upon termination of employment, for whatever reason, the remaining balance of accrued compensatory time will be paid to the terminated employee (or his/her designated beneficiary or estate in the case of the employee's death) at the rate of pay in effect for him/her at that time. 13 Article 9 Extra -Duty 9.1 Extra -Duty time is defined as any time a bargaining unit member is called into work or assigned to work outside when he/she is off duty. If the call -out consists only of telephone calls, the actual time of the call will be paid, without regard to a minimum time. Extra duty hours paid will be considered time worked for purposes of overtime calculation in the work period in which the hours occurred. 9.2 If the situation that created the extra duty is no longer in effect, the member working will be given the option of working to obtain a minimum of four (4) hours. 9.3 If the situation that created the extra duty is no longer needed prior to the start of the shift/situation and the member is notified less than one (1) hour prior to the start of the extra duty, the department shall allow the option of the four-hour rule. It is the member's option to remain and complete the four (4) hours or leave when the extra duty is no longer required. 9.4 The four-hour minimum rule does not apply to meetings. 9.5 On call duty is defined as off -duty time when a bargaining unit member is ordered by the Fire Chief, or his/her designee, to be readily available and prepared to perform actual work when the need arises during off -duty hours. Members in an on call status shall receive a weekly supplement of at least $100.00, or the same amount as provided to non -union employees of the City, whichever is greater, which shall be added to his/her base annual salary during the week he/she is on call. If a bargaining unit member is called out for duty, the bargaining unit member will be compensated in accordance with Article 9.1. 14 Article 10 Annual Leave 10.1 Bargaining unit members are entitled to the following: Twenty-four (24) hour shift bargaining unit members may not use their available accrued annual leave in increments less than four (4) hours per shift. Years of Service 24-Hour Emplovee 0-4 4.61 hours 5-9 5.54 hours 10-14 6.93 hours 15-19 8.31 hours 20 and over 9.23 hours 10.2 The maximum amount of annual leave that bargaining unit members may accumulate is as follows: Emplovee Tv_pe Maximum 8 hour 320 hours 24 hour 400 hours 10.3 In the event that the City changes the annual leave benefits available to all other employees, the respective leave benefits will remain unchanged for bargaining unit members, unless the change is mutually agreed to by the Union and the City. 15 Article 11 Sick Leave 11.1 Bargaining unit members are entitled to sick leave on a biweekly basis in accordance with the following schedule: Years of Service 24-Hour Emnlovee Less than 1 Year 2.31 hours More than 1 Year 4.62 hours 11.2 In the event that the City changes the sick leave benefits available to all other employees, the respective leave benefits will remain unchanged for bargaining unit members, unless the change is mutually agreed to by the union and the City. 11.3 All twenty-four (24) hour shift personnel shall be limited to using sick leave in one —hour increments. The City's Sick Leave Policy shall apply to all members employed on an eight (8) hours work schedule. LG Article 12 Bereavement Leave 12.1 Bargaining unit members are entitled to up to twenty-four (24) hours of bereavement leave upon approval of the Fire Chief in the event of a death of a family member. The member shall submit proof of death before compensation is approved. 12.2 Family members are defined as the employee's children, parents, parents -in-law, brothers, sisters, grandparents, grandparents -in-law, grandchildren, great grandparents, great grandchildren, aunts, uncles, and current spouse, step- children, step-parents, step parents -in-law, step -brother, step -sister, step - grandparents, step -grandchildren, sisters-in-law, brothers-in-law, sons-in-law, and daughters-in-law. 12.3 If additional time off is necessary, annual leave or compensatory leave may be used, with the approval of the Fire Chief. 17 Article 13 Leave of Absence 13.1 All applications for leave of absence must be submitted in writing and approved by the Fire Chief and the City Manager. Decisions regarding leaves of absence are not subject to the grievance or arbitration procedures. 13.2 Upon termination of leave of absence, the bargaining unit member shall return to the same job classification and rate of pay in effect at the beginning of the leave of absence. If the member was on a leave of absence for medical reasons, he/she must provide medical documentation indicating his/her ability to perform the essential functions of the job duties. 13.3 The bargaining unit member will not lose any credited service with the City, if the leave of absence period is less than three (3) months. If the leave of absence period is longer than three (3) months, the bargaining unit member will not receive any credited service for the entire leave of absence period. 13.4 Where applicable, any medical leave will run concurrent with leave taken pursuant to the Family and Medical Leave Act. 13.5 The City's Employment Policies Manual shall govern the procedures and timeframes for a leave of absence. 18 Article 14 Military Leave and Military Duty 14.1 Military leaves shall be granted in accordance with the City's Employment Policies Manual and Florida and Federal Law. 14.2 Except in an actual or declared emergency recall to duty, the bargaining unit member shall give thirty (30) calendar days notice, or as much notice as possible to his/her supervisor that his/her military duty will occur on the specific dates. 19 Article 15 Workers' Compensation/Injury Leave 15.1 The City provides workers' compensation insurance, in accordance with Florida Statutes, and through its carrier will provide medical and compensation benefits to employees who sustain an injury as a result of and arising out of employment by the City. Initial determination as to whether an injury is compensable will be made by the carrier. Disputes concerning compensability of injury or type or amount of compensation shall be resolved through existing legal process as defined by Florida Statute and shall not be subject to grievance under this Agreement. 15.2 Members recognize a duty to promptly report any injury occurring while on the job, and to cooperate in providing any information necessary to process a claim. 15.3 The City is entitled to select the physician who will examine or reexamine the injured employee; however, the injured employee is entitled to a one-time change in physicians per claim, subject to the approval of the workers' compensation carrier and applicable Workers' Compensation law. 15.4 While on a job connected injury or disability leave, bargaining unit members shall be entitled to all benefits as provided in this Agreement. 15.5 A bargaining unit member who receives a job related injury shall be paid injury leave at full pay until Workers' Compensation begins. 15.6 Upon payment of the maximum injury leave available, bargaining unit members shall be required to use accumulated personal leave to make up the difference between the workers' compensation payments and the bargaining unit members' regular wages. 15.7 Bargaining unit members taking leave pursuant to this Article shall use any available Family and Medical Leave. 20 Article 16 Vehicles 16.1 The City shall equip fire apparatus in such a manner as to allow bargaining unit members to perform the duties and responsibilities of their position. The Fire Chief shall determine the type of equipment to be used. 16.2 All maintenance, repairs, fuel costs, and insurance for fire department vehicles shall be the responsibility of the City. 16.3 If a bargaining unit member feels that a vehicle or other equipment is unsafe as defined in the Departmental Operating Guidelines, he/she shall immediately inform his/her supervisor. 16.4 Bargaining unit members shall not be required to perform major repairs on vehicles or facilities. However, bargaining unit members are expected to perform daily checks and schedule preventative maintenance as prescribed by Department Guidelines and Policy. 16.5 Bargaining unit members required to use their personal vehicles in the performance of any assigned duties shall be reimbursed per the City's Travel Procedures. 16.6 Bargaining unit members assigned to certain positions may be allowed to drive City vehicles home, based on specific authorization by the City Manager. In the event a member is transferred to a position that does not require the use of a take home vehicle, the member's use of a take home vehicle shall cease. Members shall be required to use such vehicles in accordance with the City's Take Home Vehicle Policy in effect at the time unless otherwise stipulated in this Agreement. 21 Article 17 Personal Day 17.1 Bargaining unit members are entitled to the 2 personal days per calendar year. 17.2 In the event that the City alters the personal day(s) benefits available to all other employees, the respective personal day(s) benefits will remain unchanged for bargaining unit members, unless the change is mutually agreed to by the union and the City. 22 Article 18 Insurance 18.1 The City agrees to provide the same health, dental and life insurance benefits to bargaining unit members as are provided to all City employees. The cost for such insurance to bargaining unit members shall be the same as charged to all City employees. The City shall have no obligation to bargain over changes to insurance or the effects of such changes during the term of this agreement as long as the bargaining unit members are provided the same insurance benefits and wellness program (including additional opportunities provided to firefighters such as Life Scan and physical agility testing) as all City employees. 18.2 The City shall provide life insurance or death benefits for each bargaining unit member in accordance with Florida Statutes. 23 Article 19 Union Representatives and Business 19.1 The City shall recognize the officers of the Clermont Firefighters Union, Local 4350 as the official representatives of the Union, and shall consider them the sole contact with Union members in regard to the terms and conditions of employment and contract matters, subject to bargaining. 19.2 The Union will be permitted to use the training room or any other city meeting facility, if available, at no cost between 8 a.m. — 5 p.m. Monday through Friday for meetings of Local 4350. For meetings scheduled outside of normal business hours, the fire department training room may be used, if available, at no cost providing arrangements have been made in advance in accordance with normal scheduling procedures. Other than those acting in official capacity as union representative, no employee covered by this Agreement may attend Union meetings during his/her scheduled work hours unless specifically authorized by the Fire Chief or his designee. 19.3 Wall space, equivalent to approximately one-third (1/3) of the fire station's bulletin board space, and/or department -wide electronic communications will be allowed as approved by the Fire Chief for the purpose of posting notices and announcements pertaining to Union business. 19.4 The Union shall not post any material that is obscene, defamatory or that impairs the operation of the Department or the City. Any intentional violation of this provision by the Union may result in the privilege of such use of the bulletin board being withdrawn. 19.5 The Union shall be permitted to use the City's electronic mail system and telephone to transmit information related to Local 4350 to bargaining unit members provided such communications do not unduly interfere with City work. Said electronic mail shall also be available for review by appropriate City officials. The Union and Unit members shall not transmit any material which would violate the City's Computer Network Guidelines and Procedures. 19.6 The Union shall be granted up to one (1) hour during new firefighter orientations to explain jointly with a management officer the provisions of this agreement and the functions of the Union. 19.7 The City shall allow such internal Union business as membership recruitment, campaigning for union office, distribution of literature, and all other Union activities not prohibited by city policy during reduced activity periods. 19.8 The City shall allow the Union to continue to raise, collect and obtain monies benefiting a mutually agreed upon charitable organization and to present those 24 monies as a joint effort between the City of Clermont and the Union. Times and locations of collections shall be approved by the Fire Chief or his designee. 25 Article 20 Reduction in Work Force 20.1 Layoff - In the event of a layoff for any reason, regular full-time employees shall be laid off in inverse order of seniority. A. "Seniority" for purposes of this Article is defined as the length of uninterrupted time since the most recent hire by the City. B. Seniority is earned within the Department and also within the City. Departmental seniority will be given first consideration; if departmental seniority is equal (in terms of date), then City seniority will govern. C. Employees in temporary status will be laid off first, followed by employees in probationary status. No permanent employee shall be laid off while another person in the same class is retained on an emergency, temporary or probationary basis by the City. 20.2 Exceptions to Layoff - If the Fire Chief should find that a specific employee should be retained despite a lower seniority because of special skills, abilities or training that are essential to the efficient operation of the department or the organizational unit, the Chief shall submit a written request to the City Manager that sets forth in detail the specific skills, abilities or training possessed by the member and the reasons the member is essential to the effective operation of the department. A copy of the request will also be delivered to the Local 4350 Executive Committee at the same time as submitted to the City Manager. Absent formal objection by the union through the grievance process and upon approval of the City Manager, the member may be retained. 20.3 Alternatives to Layoff - Any member scheduled to be laid off shall be offered an alternate position if qualified and if a suitable vacancy exists. A member may not "bump" another permanent employee from his/her position in order to avoid layoff. 20.4 Notice of Layoff - Prior to notification of those affected, the names of all bargaining unit members scheduled for layoff will be provided to the City Manager and to the Executive Committee of Local 4350. Such notice will include information of job class and seniority of those affected and will reference any request for out -of -seniority as provided in 21.2, above. Absent formal objection by the union through the grievance process and upon approval by the City Manager, layoff notices will be sent to the bargaining unit members affected. Bargaining unit members shall be notified in writing by the Fire Chief of their layoff at least fourteen (14) calendar days prior to the effective date of the layoff. 26 20.5 Recall A. Members in layoff status shall retain recall rights for twelve (12) months from the date of layoff. The names and seniority dates of laid -off members shall be placed on a recall list and a copy of the list shall be provided to the union. B. Members shall be recalled in order of seniority as shown on the recall list determined at the date the initial layoff occurred. The member with the greatest seniority shown on the recall list shall be recalled first. If, after the City has provided notice of recall in accordance with this Article to each of the members on the recall list, vacancies exist because laid off members have refused recall or failed to respond to notice within the time allotted, the recall list shall be deemed exhausted and the City shall fill vacancies through its ordinary hiring process. 20.6 Members will be provided notice of recall and must follow the procedures defined below in order to protect recall rights. A. Notice of recall shall be given to the member by first class mail sent to the most recent address contained in his/her personnel records. B. A member who receives a notice of recall and desires to return to work must respond to the City's Human Resources Department no later than fourteen (14) calendar days following his/her receipt of the recall notice. A laid off member who fails to notify the Human Resources Department in accordance with this section shall lose recall rights. C. A member must report fit for duty within fourteen (14) calendar days (or less if approved by the Fire Chief) following his/her notification to the Human Resources Department of his/her desired return to work. A laid off member who does not report fit for duty in accordance with this section shall lose recall rights. 20.7 Seniority does not accrue during layoff, nor does the member accrue time off or other benefit eligibility. Upon recall, a member's seniority shall be counted from the member's former hire date, less the period of layoff. 20.8 In the event of a layoff, special consideration will be given to individuals eligible for Veterans' preference in accordance with State law and City policy. 27 Article 21 Dues Deduction 21.1 The City agrees that upon receipt of a voluntary individual notice for any bargaining unit member, the City shall deduct from his/her pay, dues commencing with the second pay period after receipt of such notice. Revocation shall be in writing and shall be effective commencing with the second pay period after receipt of such notice of revocation. 21.2 Dues shall be deducted each designated pay period and those monies shall be remitted to the Clermont Firefighters Union, Local 4350 reasonably thereafter. 21.3 The Union will initially notify the City as to the amount of the dues to be deducted. Such notification shall be to the City in writing over the signature of the president or vice-president of Local 4350. 21.4 Changes in the amount of the union dues to be deducted will be certified to the City in the same manner and shall be done thirty (30) calendar days in advance of the effective date of such change. 21.5 The Union agrees to indemnify and hold harmless the City, its agents, employees and officials from and against any claims, demands, damages or causes of action (including but not limited to claims based upon clerical or accounting errors) or any nature whatsoever, asserted by any person, firm or entity, based on or relating to any payroll deduction required or undertaken under this Article, and agrees to defend at its sole expense any such claims against the City, or it agents, employees or officials. The term" officials" as used herein includes elected or appointed officials. 28 Article 22 Grievance Procedure 22.1 The purpose of this Article is to establish processes for the fair, expeditious and orderly adjustment of grievances or disagreements between the City of Clermont, the Clermont Fire Department and Local 4350 and its bargaining unit members solely involving the interpretation or application of this Agreement. A grievance is a dispute, claim, or complaint filed by a Bargaining Unit employee or the Union arising under the Terms of this Agreement. Grievances are limited to matters of interpretation or application of the provisions of this Agreement. Any grievance filed shall contain a complete statement of the grievance, reference to the provision, or provisions of the Agreement alleged to have been violated and state the remedy or correction requested. The City need not entertain or process under this Article, and may refuse to entertain, any disputes, claims, or complaints not meeting this definition. 22.2 Any formal grievance filed shall be in writing and shall set forth the provision or provisions of this Agreement alleged to have been violated and the facts pertaining to the alleged violation(s) and the date of the violation(s). The grievance shall be signed by the grievant and an Officer of Local 4350. Grievances submitted which do not contain the above information and/or are incomplete, shall be amended by the grievant within five (5) calendar days of the original filing to state the required information. The necessity of filing an amendment shall not affect the timeliness to the extent that the grievance is substantially complete. 22.3 Nothing in this section shall be construed to prevent a bargaining unit member from presenting, at any time, his/her own grievance without representation. 22.4 A bargaining unit member who wishes to submit a grievance must submit a grievance in writing within fourteen (14) calendar days after the occurrence of the matter from which the grievance arose. A grievance not appealed to the next step within the time limits established by this procedure shall be considered settled on the basis of the last answer provided by management. 22.5 In advancing grievances, the grievant bargaining unit member(s) or Local 4350 and management may call a reasonable number of witnesses to offer testimony. Either party may call witnesses as needed. Hearings shall be continued to facilitate appearance of witnesses who are Department employees, whose presence would otherwise conflict with Department needs. 22.6 The formal grievance procedures are as follows: 29 Step One • The bargaining unit member and/or Clermont Firefighters Union, Local 4350, shall file the grievance, in writing, with the Fire Chiefs Office within fourteen (14) calendar days of the occurrence of the event giving rise to the grievance. • An Assistant Chief will conduct a meeting within fourteen (14) calendar days of receiving the grievance or any amendment, if applicable with the grievant and his/her requested representative, unless an Assistant Chief chooses to grant the requested relief without further proceedings. The grievant shall not be represented by an elected official of the City, the City Attorney or his/her staff, or any person not affiliated with Union Local 4350. An Assistant Chief shall notify the grievant and the Union of his/her decision, in writing, within fourteen (14) calendar days after the meeting date. Step Two • If the grievance is not resolved to the grievant's satisfaction as rendered by Step One, the bargaining unit member and/or the Union may forward the grievance, in writing, to the Fire Chiefs Office within fourteen (14) calendar days of receipt of the notification from an Assistant Chief. The Fire Chief shall conduct a meeting within fourteen (14) calendar days with the grievant and his/her requested union or legal representative, unless the Fire Chief chooses to grant the requested relief without further proceedings. The grievant shall not be represented by an elected official of the City, the City Attorney or his/her staff, or any person not affiliated with the Union Local 4350. The Fire Chief shall notify the grievant and the Union of his/her decision, in writing, within fourteen (14) calendar days after the meeting date. Step Three • If the grievance is not resolved to the grievant's satisfaction as rendered by Step Two, the bargaining unit member and/or the Union may forward the grievance, in writing, along with a letter describing the details as set forth in 23.1 to the City Manager's Office requesting a meeting within fourteen (14) calendar days of receipt of the notification from the Fire Chief. • The City Manager shall conduct a meeting within fourteen (14) calendar days with the grievant and his/her requested union or legal representative, unless the City Manager chooses to grant the requested relief without further proceedings. The grievant shall not be represented by an elected official of the City, the City Attorney or his/her staff, or any person not affiliated with the Union Local 4350. The City Manager shall notify the grievant and the kill Union of his/her decision, in writing, within fourteen (14) calendar days after the meeting date. 22.7 Grievance discussions at Steps One and Two shall be conducted during the grievant's normal duty hours. The aggrieved bargaining unit member shall suffer no loss of pay or benefits for time required for such meetings. 22.8 All class action grievances shall be filed at Step Two. 22.9 The aggrieved bargaining unit member and the Union shall be given at least two (2) calendar days notices of the grievance meetings provided herein. 22.10 If any grievance is not satisfactorily resolved by the procedure outlined in the Article, the Union may proceed to arbitration according to Article 24. 22.11 New hire probationary bargaining unit members shall not have the right to grieve discipline or discharge. 22.12 It is agreed that a bargaining unit member may file a grievance/appeal, in accordance with the personnel rules, regulations, and/or ordinances of the City of Clermont. Bargaining unit members may only choose one grievance/appeal process. The decision to use any City of Clermont grievance/appeal process is irrevocable and precludes the bargaining unit member from filing any grievance under the provisions of this Agreement. 31 Article 23 Arbitration 23.1 If any grievance is not satisfactorily disposed of by the grievance procedure outlined in Article 22, the bargaining unit member or Union may give notice of intent to arbitrate by written notice, hand delivered or by certified mail, return receipt requested, postmarked or hand delivered within fourteen (14) calendar days after the receipt of the Step Three decision. Said written notice shall include a statement of facts upon which the case is submitted, including a statement of the position of the Union with respect to the arbitral issues. 23.2 Within fourteen (14) calendar days of the receipt of such notice, a letter shall be directed by the Union to the Federal Mediation and Conciliation Service requesting a list of arbitrators. Within seven (7) calendar days of receipt of the list of arbitrators, a Union Representative and a representative of the City shall meet to select an arbitrator. The Union and the City will alternately eliminate one name at a time from the list until only one name remains and that person shall be the arbitrator. The City and the Union shall alternate in the rights to first strike names in successive arbitrations. 23.3 As promptly as possible, the arbitrator shall conduct a hearing between the parties and consider the subject matter of the dispute. The decision of the arbitrator will be served upon the bargaining unit member, the City and the Union, in writing. A. Any party may be represented at the hearings by counsel or any other representative. B. The hearing shall be conducted by the Arbitrator in a manner that will most expeditiously permit full representation of the evidence and arguments of all parties. The parties shall make every effort to conclude the hearing within one (1) day. C. Each party shall bear the costs of preparing and presenting its own case. Each party desiring a record of the proceedings shall pay for any costs thereof. In the event both parties agree to have a record of any type made of the hearing, said parties may share equally the cost of any such service. 23.4 The power and authority of the Arbitrator shall be strictly limited to determination and interpretation of the explicit terms of the Agreement as herein expressly set forth. He shall not have the authority to add or subtract from or modify any said terms of the Agreement; to limit or impair any right that is reserved to the City, the Union, or bargaining unit members; to establish or change any wage or rate of pay that has been agreed to in the Agreement. 23.5 No decision of any Arbitrator in one case shall create a basis for retroactive adjustment of any other case. 32 23.6 The Arbitrator may, under the powers granted by the terms of this Agreement, direct any remedy permitted by the Florida Arbitration Code. 23.7 The decision of the Arbitrator is final and binding on both parties and the grievance shall be considered permanently resolved. Review shall not be precluded pursuant to the Florida Arbitration Code. 23.8 The expenses of the Arbitrator shall be split equally by the parties. Each party shall make arrangements for and pay the witnesses that are called by it. 33 Article 24 Employee Educational Assistance 24.1 The City will reimburse bargaining unit members for the cost of tuition, books and fees under the following conditions: A. The course must be applicable to the employee's field of work or of such nature and quality to directly contribute to the employee's value and potential growth in Public Safety/Fire Rescue. B. The course must be pre -approved by the Fire Chief and the City Manager and is subject to budgetary constraints. C. Only specific courses for a specific semester will be approved. Blanket approval of courses will not be granted. D. The course must be a part of a degree seeking program and be at a nationally or regionally accredited institution. E. Reimbursement shall be made upon completion of the approved course and submission of the course final grade. 24.2 Effective Contract Approval date, the City will reimburse bargaining unit members for the cost of tuition, books and fees based on state college/university rates up to a maximum of one thousand five hundred ($1,500) dollars per fiscal year in accordance with the schedule outlined in the Employment Policies Manual. 24.3 Bargaining unit members who resign from the City before the completion of one (1) year of service from the date of their last course reimbursement must pay back to the City any money received during that one (1) year period. 34 Article 25 Physical Examinations 25.1 Bargaining unit members are required to successfully complete a physical examination on an annual basis and are subject to a fitness for duty physical examination when necessary. The physical examination provider must certify to the City that the firefighter is medically qualified to perform all functions of a firefighter, in accordance with the guidelines set forth by the Florida State Fire Marshal Bureau of Fire Standards and Training and NFPA 1582. Refusal to complete all components of an annual physical examination shall be grounds for termination. 25.2 The annual physical examination will follow the current edition of NFPA 1582 guidelines and will include at a minimum the following: medical examination, height and weight, blood pressure, lab tests including, urinalysis and metabolic blood panel, audio screening, EKG at rest or stress (upon recommendation by the physician), a chest x-ray as stated in NFPA 1582 and a Tuberculosis test. The cost of the annual physical examination by the City's designated physical examination provider will be paid by the City. 25.3 The Tuberculosis test results must be read within the time frame specified by the physician. If the test results are not read within the specified time frame, the bargaining unit member will be required to receive another Tuberculosis test at the bargaining unit member's cost. If the Tuberculosis test is not completed within 30 days of the physical examination, the bargaining unit member will be required to undergo another complete physical examination at the bargaining unit member's cost. 25.4 Scheduling of the annual physical examination will be at the discretion of the Department and during normal scheduled work hours, when possible. Time spent at examinations which the City requires to be taken outside regular work hours will be considered hours worked for purposes of calculating overtime. 25.5 The City may require a member to undergo a physical or mental examination by a physician selected by the city, at the City's expense, whenever there is a reasonable belief, based on fact, that the member's fitness for duty is in question, and shall determine the nature and extent of such "fitness for duty" physical or mental examination. 25.6 All physical, health, and mental examination results will be maintained in separate medical files maintained in the City's Human Resources Department. In accordance with Florida Statutes, records contained in the bargaining unit member's medical files may be exempt from disclosure pursuant to public records laws. However, any release of medical file information in accordance with Florida Statutes will be under the authority of the City Clerk. 35 25.7 All physical examinations will be conducted by a provider designated by the City. However, bargaining unit members may select their own physician to perform the same annual physical examination, including testing and lab work, with the approval of the City. The physical examination must be completed according to NFPA 1582, Standards on Comprehensive Occupational Medical Program for Fire Departments. If the bargaining unit member's personal physician performs the annual physical examination, the City will reimburse the bargaining unit member for the cost of the physical examination up to the amount charged by the City's designated physical examination provider. In addition, the personal physician will have to complete the standard physical examination results form and send to the City. 36 Article 26 General Provisions 26.1 Bargaining unit members who are on duty shall be furnished with parking facilities at the Fire Department to the extent available. Said parking facilities shall be furnished at no cost to the bargaining unit member. 26.2 Prior to the implementation of any new and/or revised regulations, procedures, departmental operating guidelines or personnel policies affected by this contract, the City shall provide the new or revised items to the Union prior to implementation. This does not impact the Union's right to impact bargain on the change. 26.3 All bargaining unit members are subject to drug/alcohol testing in accordance with the City's Drug Free Workplace Program. 26.4 Bargaining unit members may request an annual HIV Antigen test to be performed at a facility designated by the City. Results of such tests shall be kept confidential. 26.5 The probationary period for new bargaining unit members is one (1) year and successful completion of all probationary phase testing; however, the period may be extended by the Fire Chief at his/her discretion for additional observation. 26.6 A bargaining unit member may, subject to prior approval of the Fire Chief, and review by the City Manager (within 14 calendar days), accept and be employed in an occupation off -duty, which is not in violation of Federal or State Laws or rules and regulations of the Department, providing that such employment shall not interfere with or adversely affect the performance of assigned duties. A bargaining unit member may not, however, engage in off -duty employment which is contrary to his/her medical restrictions. 26.7 An Overtime List will be maintained for the firefighter, engineer, and fire lieutenant job classifications. Overtime will be filled in accordance with the Department Operating Guidelines. 26.8 The City agrees to provide on -duty training for bargaining unit members when said training is required by the Fire Chief, Medical Director or the State of Florida. Training will be provided in traditional (in -person) as well as online formats. Efforts will be made to offer multiple opportunities to attend and/or obtain the required training or re -certification. Should the member fail to attend the training sessions offered by the City (with the exception of being on Kelly Day or leave previously approved prior to training being announced/scheduled), the member shall be responsible to obtain the training while off -duty at his/her cost. The City shall comply with the FLSA. 37 Article 27 Locker Room Facilities 27.1 The City agrees to provide and maintain locker room facilities for bargaining unit members, as appropriate. 27.2 Said locker room facilities shall consist of, but not limited to, the following: lockers and showers. 27.3 An agent of the City shall have the right to inspect a bargaining unit member's locker space without permission of the bargaining unit member or proper authority of law. All reasonable attempts will be made to conduct the search in the presence of a bargaining unit representative. The City shall be financially responsible for reimbursing a bargaining unit member for loss or destruction of property by an Agent or employee of the City during said inspection, excluding the locking device if the bargaining unit member was given the opportunity to open said locker. Article 28 Voting 28.1 During a primary, special or general election, a bargaining unit member who is registered to vote, who did not have the opportunity to vote during early voting, and whose hours do not allow sufficient off -duty time for voting, shall be allowed to use their annual leave or compensatory leave for this purpose. 28.2 Where the polls are open two (2) hours before or after the regularly scheduled work period, it shall be considered sufficient time for voting. 39 Article 29 Wages 29.1 The following pay scales shall be effective during the duration of this contract: 1 st full pay period of Fiscal Minimum Maximum Year 2025- Oct. 5, 2025 Annual Annual Firefighter $50,251.69 $82,533.48 Engineer $60,154.76 $100,956.90 Firefighter/Inspector $60,154.76 $100,956.90 Fire Lieutenant $66,250.96 $112,062.16 Oct. 6, 2025 — Oct. 4, 2026 Minimum Maximum Annual Annual Firefighter $51,759.24 $86,621.11 Engineer $60,154.76 $100,956.90 Firefighter/Inspector $60,154.76 $100,956.90 Fire Lieutenant $66,250.96 $112,062.16 Oct. 5, 2026 - Sept. 19, 2027 Minimum Maximum Annual Annual Firefighter $53,312.02 $90,952.16 Engineer $60,154.76 $100,956.90 Firefighter/Inspector $60,154.76 $100,956.90 Fire Lieutenant $66,250.96 $112,062.16 The annual hours for Firefighters, Engineer and Fire Lieutenants shall be 2496 hours. The annual hours for Firefighter/Inspectors shall be 2080 hours. 29.2 The only add on or assignment pay that will be paid to bargaining unit members is Working Out of Classification. Bargaining unit members who are required by management to work in a higher classification due to a supervisor's absence shall be compensated an additional 5% for all hours worked in the higher classification. 29.3 Fixed percentage adjustments shall replace the previously utilized merit - based adjustments in this contract. The application of fixed percentage adjustments as opposed to merit -based adjustments will be subject to negotiation in the next contract period. 29.4 Effective the first full payperiod of the Fiscal Year 2025, all bargaining unit members shall receive a 15% pay increase, 4% effective the first full payperiod of FY 2026, and 4% effective the first full payperiod of 2027. Bargaining unit members will receive a lump sum for the 40 remainder of their adjustment if they reach the pay scale maximum. 29.5 Bargaining unit members who have specified certifications shall be eligible to receive incentive pay in accordance with the requirements outlined in the department's operating guidelines. Bargaining unit members who do not complete the necessary re -certification requirements necessary to maintain these certifications shall not be paid the incentive pay amounts. The incentive pay shall be equal to 1/26th of the annual amounts and paid to bargaining unit members bi-weekly in their regular paychecks, commencing with the first pay period after eligibility has been established. Incentive pay is included in the calculation of the bargaining unit member's FLSA hourly pay rate, however, it is not subject to merit and other pay increases. Effective upon contract adoption (or after eligibility is established following the inception of the incentive program), the qualified certifications an annual/ bi- weekly amounts as follows: Lead Field Training Officer (One per shift) $1,500/$57.69 Should the City authorize an additional command officer for each shift, the Lead Field Training Officer incentive shall sunset upon implementation of the position. Personnel receiving the Lead Field Training Officer incentive at that time shall be eligible to receive the Field Training Officer incentive until the next rotation identified in the incentive guideline. Field Training Officer (Fire, Tech Rescue, or EMS) $1,000/$38.46 Surface Water Rescue Technician $750/$28.85 Special Operations Coordinator $1500/$57.69 Child Safety Seat Technician* $600/$23.08 Technical Rescue Team Members $1,500/$57.69 *Effective 9/30/2025, the Child Safety Seat Technician incentive program will sunset. Technical Rescue Incentives Members are eligible for one of the following incentives based on qualifications. The member shall be compensated for the highest incentive he or she is qualified according to department operating guidelines. 41 Effective October 1, 2024, all current bargaining unit members receiving the SO, SOC, Hazardous Materials Technician and Confined Space/High Angle Rope Rescue Technician incentives will be adjusted to the new Technical Rescue Incentive program. For the duration of the contract, members who are currently grandfathered into old incentive programs will be eligible to either remain status quo or participate in the new incentive program. At the end of this contract, all grandfathered incentive programs will sunset. Ladder Truck Company Certified $750/$28.25 Technical Rescue Operations Certified $1,200/$46.15 Technical Rescue Technician Certified Paramedic $2,000/$76 Effective the beginning of the first full pay period after contractual approval $11,000/$423.08 effective October 1, 2024 through September 30, 2027. Safetv Officer Staffing Bargaining unit members shall be eligible for a 5% daily stipend when the department staffs Safety 101. The 5% will only be assessed for hours worked when the member is assigned to the unit and the unit is staffed appropriately according to department operating guidelines. Should the City authorize an additional command officer for each shift, the 5% stipend for staffing Safety 101 shall sunset upon implementation of the position. 42 Article 30 Holidays 30.1 The following days shall be observed as official holidays for bargaining unit members: First Day of January (New Year's Day) Third Monday of January (Martin Luther King Day) Last Monday in May (Memorial Day) The Fourth of July First Monday in September (Labor Day) November 1 la' (Veterans' Day) Fourth Thursday in November (Thanksgiving) Friday after Thanksgiving December 24a' (Christmas Eve) December 25a' (Christmas Day) Bargaining unit members will become eligible for any additional holiday adopted by the City. 30.2 When an official holiday falls on a Saturday, eight (8) hour bargaining unit members shall observe the holiday on the Friday immediately preceding the holiday. When an official holiday falls on a Sunday, the eight (8) hour bargaining unit members shall observe the holiday on the first Monday after the holiday. Twenty-four (24) hour bargaining unit members shall observe the holiday on the actual holiday. 30.3 Holiday pay shall be paid in the following manner: A. All bargaining unit members on a twenty-four (24) hour schedule who meet the Holiday Pay eligibility requirements outlined in Article 32.3.C. of this Agreement shall be paid Holiday Pay equivalent to eight (8) hours at the bargaining unit member's regular rate of pay. In the event that the observed holiday falls on the bargaining unit member's regularly scheduled day off, the member may request and, with the Fire Chiefs approval, be given eight (8) hours off with pay in the same pay period, instead of being paid the holiday pay. 43 B. All bargaining unit members who are required to work on an official holiday and do not qualify for the overtime premium as noted in Article 9 of this agreement shall be paid for all hours worked on the holiday at the rate of one and one-half (1.50) times the bargaining unit member's regular rate of pay. In addition, the bargaining unit member must meet the Holiday pay eligibility requirements outlined in Article 32.3.0 of this agreement. This provision does not apply when employees are compensated for special events as outlined in Article 44. C. To be eligible for Holiday Pay, a bargaining unit member must meet the following requirements: 1. Must be a full-time employee 2. Must work on any scheduled shift seventy-two (72) hours prior to and seventy-two (72) hours after the holiday as well as the day of the holiday, if scheduled, or the bargaining unit member must be in an approved pay status on any scheduled shift not less than seventy-two (72) hours prior to and seventy-two hours after the holiday, if scheduled. Pay status shall include -members on paid annual, sick, or comp time, as well as leave due to workers' compensation and/or personal days. D. A bargaining unit member who reports in on the scheduled shift seventy-two (72) hours prior to and seventy-two (72) hours after the holiday as well as the day of the holiday and was unable to complete their shift due to illness, injury or emergency, shall be considered to have worked that day. 44 Article 31 Promotions 31.1 Promotions shall be conducted as provided in the Department's Operating Guidelines. 31.2 Bargaining unit members promoted shall receive a pay increase to either the pay scale minimum noted in Article 29 of this agreement or equivalent to five (5) percent, whichever is greater. 31.3 The probationary period (12 months) for a promoted member may not be extended more than two (2) consecutive three (3) month periods. 31.4 If the promoted member does not successfully complete the probationary period, the member shall be reassigned to his/her position previously held. The member's rate of pay will be adjusted to the rate of pay prior to the promotion. All merits and any other adjustments incurred during the probationary time will be applied to the pre -promotion pay rate. 45 Article 32 Damage or Loss to Personal Property 32.1 The City shall reimburse a bargaining unit member for loss or damage to personal property specifically noted in this article in the performance of his duty, subject to the procedures and restrictions set forth in the following paragraphs. No reimbursement shall be made if loss or damage results from carelessness, negligence or misuse on the part of the bargaining unit member. A. Lost or damaged corrective eyewear shall be reimbursed 100% of the cost of repair or replacement per bargaining unit member per incident not to exceed $200.00. The maximum amount of reimbursement for the cost of repair or replacement of watches, wedding rings or medical identification bracelets shall be $200 per bargaining unit member per incident. B. Report of the loss of or damage to personal property must be made within the shift in which the loss or damage occurs or within a maximum of 3 calendar days if mitigating circumstances such as an injury prevent the bargaining unit member from reporting at the time of loss. Such report must include an explanation of how, when, and under what circumstances the loss occurred, and provide the brand name, original cost, and age of the item for which reimbursement is requested. The bargaining unit member's supervisor is responsible for investigating and making a recommendation to the Fire Chief concerning the claim. C. To receive reimbursement, the bargaining unit members must provide a receipt for the replacement article and, if possible, the remains of the broken item. 46 Article 33 Pension 33.1 The City agrees to continue providing pension benefits to bargaining unit members in accordance with the City of Clermont Firefighters Pension Plan (Plan) in effect as approved by the pension board and City Council. 33.2 The Union agrees to allow the City to use 100% of all future Chapter 175 annual distributions. 33.3 Bargaining unit members shall contribute the following percent of their salary toward the normal pension cost of the Plan: Effective 10/1/24 — 6.5% Effective 10/1/25 — 7.5% Effective 10/1/26 — 7.5% - however if the city's minimum required contribution stated in the most recent actuary report prior to 10/1/26 states more than 35% after chapter 175 monies are applied, then employee contributions shall increase to 8.5%. 33.4 All pension changes will be effective upon pension board and City Council approval and will not revert back to any prior service and will only affect future retirees beginning the first payroll date after adoption. 33.5 Effective 10/1/2024, the Deferred Retirement Option Plan (D.R.O.P) will increase from five (5) years to eight (8) years. 47 Article 34 Performance Evaluations 34.1 Bargaining Unit members will receive an annual performance evaluation in accordance with the city's schedule outlined in the Employment Policies Manual. 48 Article 35 Uniforms and Equipment 35.1 The City will provide uniforms and shoes to all bargaining unit members who are required to wear such uniforms and shoes in the performance of their duties at no cost to the member. The uniforms and shoes may be purchased by bargaining unit members with the annual uniform allotment established by the Fire Chief for each bargaining unit member from the City's designated provider. However, the bargaining unit member shall be responsible for any applicable clothing fringe benefit federal income taxes. The Fire Chief shall determine the style of uniform and shoes worn by the members. 35.2 Any uniforms provided by the City which are damaged or destroyed while a member is acting in the performance of their duties, shall be replaced by the City within a reasonable period of time at no cost to the member. 35.3 The City shall provide all equipment necessary to safely and effectively perform the duties and responsibilities of a sworn Firefighter at no cost to the member. The Fire Chief shall determine what equipment is necessary. 35.4 When it is determined that a bargaining unit member is at fault due to willful destruction, being careless or engaging in other behavior resulting in loss or damage to City property, in addition to any other applicable disciplinary actions an assessment may be made in accordance with the following schedule: A. If the loss/damage is the first occurrence within a one year period, the percentage assessed shall be 50% of the cost of repair or replacement, not to exceed two hundred and fifty dollars ($250.00). B. If the loss/damage is the second or subsequent occurrence within a one year period, the percentage assessed shall be 100% of the cost of repair or replacement, not to exceed the city's insurance deductible or $500 whichever is lesser. Prior to assessing a fee, the employee will have the opportunity to review the incident with the Fire Department's Safety Committee. Due to extenuating circumstances at the time of loss or damage, the member's supervisor may recommend to the Fire Chief that the assessment be waived. 35.5 Upon termination of employment or transfer from the department, the bargaining unit member shall return all uniforms and equipment issued to him/her in like condition as when issued, with the exception of reasonable wear and tear. If bunker gear is not returned, the employee shall be assessed a prorated cost of the gear based on age of gear, on his/her last paycheck in accordance with FLSA guidelines. 49 Article 36 Modified Duty Assignment 36.1 If a bargaining unit member is temporarily unable to perform the essential functions of his/her job due to a non -work related injury/illness, a written request for a modified duty assignment may be submitted. There shall be no modified duty status allowed a member unless, at the Fire Chief s sole discretion and in collaboration with Human Resources and the City Manager, it is determined that a necessary modified duty work opportunity exists within the Fire Department. In the event there is no modified duty work available in the Fire Department, the City Manager may approve modified duty status for work in other departments of the City. 36.2 If such an opportunity is available, the Fire Chief shall inform the bargaining unit member in writing of any modified duty assignment(s) and the physical capabilities required for their performance. 36.3 Upon the request of the Fire Chief, the bargaining unit member shall present this modified assignment information to the treating physician and obtain, at his/her expense, a written evaluation of the bargaining unit member's capacity to perform the essential functions of the assignment. The medical evaluation must be in sufficient detail to satisfy the Chief. The Chief reserves the right to request a second opinion from a City -selected physician at the City's expense if any doubt exists concerning the member's current ability to perform the modified duties. 36.4 Any modified duty assignment shall be administered by the City in accordance with applicable law, including but not limited to the Americans with Disabilities Act. Modified duty may be ended at the will of the City at any time in accordance with applicable law, and shall not be subject to the grievance/arbitration provisions of this Agreement. 36.5 In the event a bargaining unit member suffers an on-the-job illness or injury that is compensable under Workers' Compensation, he/she shall be given preference for a light duty assignment over a member suffering a non -work related condition if there are insufficient necessary light duty work opportunities available. The process for obtaining and granting such an assignment shall be the same as noted above in Sections 40.1 — 40.4. 36.6 In cases where the light duty will extend beyond two pay periods, 24-hour personnel qualifying for light or modified duty for a personal or work -related injury shall be assigned to an 8-hour duty work cycle (M-F, 8-5) and shall be temporarily assigned as an 8-hour employee under the following conditions: • The temporary assignment shall begin at the start of the next pay period after being assigned to light duty (for work -related injury) and extend 6111 through the end of the pay period when the employee is released to full duty. • The effective hourly rate for light duty (for work -related injury) shall be equivalent to the member's total base salary annual earnings at the current fire shift hourly rate (e.g. multiplying the member's 24-hour hourly rate by 2496 and then dividing by 2,080). • All eligible incentives will remain in effect during this time. • While temporarily assigned, the member's vacation and sick leave shall accrue at the same rate as other 8-hour city employees, and use of leave shall be hour for hour. • 24-hour personnel separating from employment while on modified duty status shall have all benefits and unused leave paid out at the 24-hour fire shift hourly rate. • Unusual circumstances outside what is described above may be approved by Fire Chief and City Manager. 36.7 A bargaining unit member performing a modified duty assignment will be paid only for time actually worked and at his/her regular straight time rate of pay. No additional or overtime hours may be worked when a member is performing a modified duty assignment. Members may utilize accumulated and available sick, vacation, or personal time to make up a loss in pay if the modified assignment does not require at least eighty (80) hours in a biweekly pay period. 51 Article 37 Smoking, Vaping and Tobacco Use 37.1 It is understood that smoking and other forms of tobacco use or vaping of any product is a known hazard to the health of employees, including members of the bargaining unit. In an effort to improve the health of bargaining unit members and to decrease the costs associated with treating tobacco related illnesses, bargaining unit members are required to adhere to the City's Smoking and Tobacco Use Policy in effect at the time unless otherwise stipulated in this Agreement. 37.2 Employees Hired after October 1, 2015 must be tobacco (all forms) free for 1 year prior to employment and must remain tobacco (all forms) free for the duration of their employment. 37.3 Employees hired prior to October 1, 2015 shall abide by the City's Smoking and Tobacco Use Policy. 52 Article 38 Health and Safety 38.1 It is the goal of the City and the Union to maintain the highest standards of workplace safety in the Fire Department in order to minimize accidents, injuries, illness and death in the fire Service. In an effort to accomplish this goal, the City agrees to the formation of a Fire Department Safety Committee that will be in compliance with the requirements as set forth in Florida Statutes 633.810. 38.2 All bargaining unit members shall be required to pass the annual physical agility test. The physical agility test shall be conducted in accordance with Department Operating Guidelines. 53 Article 39 Reduced Activity Period 39.1 Subject to operational needs, there shall be a period of reduced activity on each shift which should normally run from 1700 to 0700. During the reduced activity period, on -duty employees shall be in uniforms as required by the departmental operating guidelines and be ready to respond immediately to calls. After 1700, the on -duty crew shall complete the station duties for the day not yet completed before the reduced activity period, as well as other duties which the Fire Chief, or his/her designee, determines are necessary to be completed before the end of the shift. 54 Article 40 Special Events 40.1 "Special events" are defined as those events included in the Special Events list maintained by Parks & Recreation on the Recreation Collective folder. The Fire Chief or his designee will review the public safety impact of each of these events and shall determine, if Fire and/or Emergency Medical Services (EMS) resources are needed. 40.2 Bargaining unit members working a special event will be considered to be on duty. 40.3 Bargaining unit members who work the Special Event outside of their regularly scheduled shift and do not qualify for the overtime premium noted in Article 9.17 of this contract shall be paid for all hours worked the Special Event at the rate of one and one-half times (1.5) the bargaining unit member's regular rate of pay. 40.4 The hours worked during the special event will be considered time worked for purpose of overtime calculation in the work period in which the special event occurred, in accordance with the Fair Labor Standards Act. 40.5 Compensation earned while working special events shall be considered pensionable and is taxable. 40.6 Special events duty shall be assigned in accordance with Article 2 Prevailing and Management Rights 2.2; Article 27 General Provisions 27.9 Extra Hour Opportunities; Article 9 Overtime, Overtime Pay and Compensatory Time, and any and all articles applicable in the collective bargaining agreement effective January 24, 2017. Article 10 Extra -Duty shall not apply. Voluntary and mandatory special event assignments shall be paid in the same manner, in accordance with items 45.3 through 45.5. 40.7 If a special event detail is advertised and unfilled and where minimum staffing allows, personnel shall be moved from available in-service units prior to issuing a mandatory overtime call out. Personnel who are considered scheduled for the current shift and reassigned to the special event shall not be eligible for the special event premium. 40.8 This agreement does not include special event hours that are directly paid by the vendor. 40.9 Management reserves the right to utilize on duty staffing to cover events scheduled not to last more than six (6) hours. 6SI Article 41 Indemnification 41.1 When the City may legally do so, the City shall furnish to bargaining unit members legal counsel and defense in accordance with F.S.S. 768.28(5) and (9). To the extent permitted by law, no bargaining unit member shall be held personally liable in tort for any injuries or damages suffered as the result of any act, event or omission of action in the scope of his/her employment or function, unless such employee acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, public safety or property. we Article 42 Severability Clause 42.1 If any article or section of this Agreement should be held invalid by operations of law or by any tribunal of competent jurisdiction, or, if compliance with or enforcement of any article or section should be restrained by such tribunal, the remainder of this agreement shall not be affected thereby. 42.2 The parties shall enter into collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement for such article or section. 57 Article 43 Publication of the Agreement 43.1 The Union shall be responsible for printing and distributing the necessary number of copies of this Agreement to the bargaining unit members. 43.2 The Union and the City agree to execute duplicate originals of this Agreement. 58 Article 44 Complete Agreement 44.1 This Agreement constitutes the entire Agreement and understanding between the parties and subject to applicable law. This Agreement shall not be modified, altered, changed, or amended in any respect except upon the mutual agreement set forth in writing and signed by the authorized representatives of both parties. Furthermore, this Agreement supersedes any and all previous agreements and understandings between the parties, either written or orally. 59 Article 45 Duration 45.1 This Agreement shall be in full force and effect upon ratification by the bargaining unit members and approval by the City Council. Such ratification and approval shall be made immediately following finalization of this Agreement. 45.2 This Agreement shall continue in full force and effect until midnight of September 30, 2027. 45.3 Upon expiration of this Agreement, the terms and conditions of employment of the bargaining unit members shall be governed by the status quo doctrine except that the pay increases outlined in Article 29 shall not be effective after the expiration of this Agreement. Pay increases after the expiration of this Agreement will be subject to negotiations and valid for active members at the time of contract approval. 45.4 Unless specifically stated herein, all changes shall be effective the beginning of the first pay period after contract approval (with the exception of merit pay increases). ZO NEGOTIATING TEAM FOR THE CLERMONT PROFFESSIONAL FIREFIGHTERS UNION LOCAL 4350 Bryan Bull-, President Brian Davis, Treasurer Jeffrey Ty CMS ice esident " A., — Luke Brear, Secretary NEGOTIATING TEAM FOR THE CITY OF CLERMONT Brian M. is, City Manager Nadine Klinger, Hum Resources Director Davi zell, Fire Chief Fre ick Casler7 �ire Chief Kevin Hoey, Assistant `F re Mef THIS AGREEMENT APPROVED UPON ADOPTION BY THE CITY COUNCIL OF THE CITY OF CLERMONT ON THE IOTH DAY OF SEPTEMBER, 2024. Tim Mur�Ima r ATTEST: Tracy Ackroyd Howe, City Clerk 10/y2024 Collective Bargaining Agreement Between the International Association of Firefighters, AFL-CIO — Clermont Professional Firefighters Local 4350 And the City of Clermont, Florida October 1, 2024 through September 30, 2027 10 1 2024 Table of Contents Article Description Page No. Preamble................................................................................ 1 Article 1 Recognition Article 2 Prevailing and Management Rights ....................................... 3 Article 3 Non-Discrimination............................................................... 5 Article 4 Administrative Investigations................................................ 6 Article 5 Professional Standards and Disciplinary Action .................... 7 Article 6 Personnel Records.................................................................. 9 Article 7 Work Period and Work Shift ................................................. 10 Article 8 Overtime, Overtime Pay and Compensatory Time ................ 11 Article9 Extra Duty.............................................................................. 14 Article10 Annual Leave......................................................................... 15 Article 11 Sick Leave.............................................................................. 16 Article 12 Bereavement Leave................................................................ 17 Article 13 Leave of Absence Without Pay .............................................. 18 Article 14 Military Leave and Military Duty .......................................... 19 Article 15 Workers Compensation/Injury Leave .................................... 20 Article16 Vehicles.................................................................................. 21 Article17 Personal Day.......................................................................... 22 Article18 Insurance................................................................................ 23 Article 19 Union Representatives and Business ..................................... 24 Article 20 Reduction in Work Force ....................................................... 26 Article 21 Dues Deduction...................................................................... 28 Article 22 Grievance Procedure.............................................................. 29 Article 23 Arbitration.............................................................................. 32 Article 24 Employee Educational Assistance ......................................... 34 Article 25 Physical Examinations........................................................... 35 10/1/2024 Table of Contents Article Description Page Article 26 General Provisions................................................................. 37 Article 27 Locker Room Facilities.......................................................... 39 Article28 Voting.................................................................................... 40 Article29 Wages..................................................................................... 41 Article 30 Holidays................................................................................. 44 Article31 Promotions............................................................................. 46 Article 32 Damage or Loss to Personal Property .................................... 47 Article33 Pension................................................................................... 48 Article 34 Performance Evaluations....................................................... 49 Article 35 Uniforms and Equipment....................................................... 50 Article 36 Modified Duty Assignment.................................................... 51 Article 37 Smoking and Tobacco Use .................................................... 53 Article 38 Health and Safety................................................................... 54 Article 39 Reduced Activity Period........................................................ 55 Article 40 Special Events........................................................................ 56 Article 41 Indemnification...................................................................... 57 Article 42 Severability Clause................................................................ 58 Article 43 Publication of the Agreement .................................... 59 Article 44 Complete Agreement ............................................. 60 Article 45 Duration................................................................. 61 SignaturePage...................................................................... 10/1/2024 Preamble This agreement is entered into by and between the City of Clermont hereafter referred to as the "City" or "employer" and the International Association of Firefighters, AFL-CIO, Clermont Professional Firefighters Local 4350 hereafter referred to as the "Union." The general purpose of this Agreement is to establish wages, hours and terms and conditions of employment for bargaining unit members and to provide an orderly procedure for the resolution of grievances. In this Agreement, the terms "Clermont," and "the City," refer to the employer, the City of Clermont and its Fire Department. The terms "bargaining unit member," "member," or "employee," refers to the full-time certified Firefighters employed by the City of Clermont in the classification of Battalion Chief, Fire Captain EMS, and Fire Captain Training. Uses of gender references, "he" and "she" are considered interchangeable. Article 1 Recognition 1.1 The City hereby recognizes the International Association of Firefighters, AFL- CIO Clermont Professional Firefighters Local 4350, as the sole and exclusive bargaining agent for the purpose of collective bargaining with respect to wages, hours and other conditions of employment for those employees of the City of Clermont working within the certified bargaining unit, as established by order of the Florida Public Employees Relations Commission (PERC). K Article 2 Prevailing and Management Rights 2.1 The Union recognizes the prerogative of the City, except as expressly abridged by any provision of this Agreement, to exercise exclusively all of the normal and inherent rights of management with respect to the Fire Department, including but not limited to, the right to determine the purpose of its constituent divisions, to set standards of service, and to exercise control and discretion over its organization and operations to ensure efficiency. It is also the right of the City to direct its certified Fire employees, to take disciplinary action for proper cause, and to relieve its certified Fire employees from duty, provided in so doing the provisions of this agreement are not violated. 2.2 The City reserves the right: A. To select and direct the work force in accordance with requirements determined by management. B. To establish and change individual work schedules and assignments. C. To assign and distribute available overtime work and to change work schedules in order to minimize overtime work. D. To make and enforce work performance standards. E. To make and change reasonable rules and regulations and to determine disciplinary action for the failure to obey such rules and regulations. F. To determine if a formal investigation/interrogation under FS 112.82 is warranted. G. To determine job descriptions. H. To make and enforce safety rules. I. To transfer and promote members. J. To determine the size and composition of the work force. K. To lay off bargaining unit members for lack of work or other legitimate reasons. K. To transfer, subcontract, and eliminate work. L. To regulate, control, change, or eliminate existing work procedures or equipment utilized for duty purposes. 3 M. To suspend, discharge, demote, or otherwise discipline bargaining unit members for proper cause. N. To suspend provisions of this agreement during a time of declared emergency conditions, including but not limited to riots, civil disorders, hurricane or weather conditions, with the exception of the wage, benefit and damage or loss to personal property provisions. 2.3 The exercise of management rights shall not preclude bargaining unit members or their representatives from raising grievances should decisions on the above matters have the practical consequences of violating the terms and conditions of this collective bargaining agreement. 2.4 To the extent that exercise of the management rights described herein, modify or impact wages, hours or other terms and conditions of employment, the City agrees not to exercise such right without first affording the Union an opportunity to review and negotiate over the impact thereof. 4 Article 3 Non -Discrimination 3.1 There shall be no discrimination against any employee covered by this Agreement because of race, religious creed, color, national origin, sex/gender, age, disability, marital status, pregnancy, genetics, veteran status, political affiliation or sexual orientation and other protected classifications, as prohibited by State and/or Federal law. 3.2 There shall be no discrimination against any employee covered by this Agreement because of membership, non -membership or office held in the Union. 3.3 The City and the union oppose discrimination on the basis of age, race, religious creed, color, national origin, sex/gender, disability, marital status, pregnancy, genetics, veteran status, sexual orientation, or political affiliation, or any other protected classifications. However, the parties also recognize that the City has established an internal procedure to investigate and resolve alleged cases of discrimination that is in addition to existing and adequate procedures established by the State of Florida and the Federal Government. Accordingly, it is agreed that allegations of employment discrimination as described above cannot be processed through the contractual grievance/arbitration procedure. 5 Article 4 Administrative Investigations 4.1 Administrative investigations of bargaining unit members will be conducted in accordance with Florida Statute 112.80, ET. seq., known as the Firefighters' Bill of Rights. 4.2 The parties have incorporated by reference the statutory bill of rights in this Agreement to enable them to elect to invoke the grievance -arbitration procedure to remedy any alleged denial of rights, and not to effect any change in substantive rights under the statute as repeated herein. An employee may pursue enforcement of these rights through arbitration or in the courts, but if the bargaining unit member chooses to enforce these rights in court, the City is not obligated to arbitrate over these same issues. Should the referenced Statute be amended by legislature or court action during the course of this Agreement, the amendments will be incorporated and applied without further negotiation by the parties to this Agreement. The parties agree that alleged violations of Article 4 are not grievable. 4.3 No bargaining unit member shall be disciplined in any manner or otherwise discriminated against in regard to his/her employment or appointment, or be threatened with any such treatment, by reason of his/her exercise of the rights granted by the Firefighters' Bill of Rights. 4.4 If a bargaining unit member is the subject of an administrative investigation, he/she will be notified in writing. At the discretion of the Fire Chief he/she may be allowed to continue performing his/her regular duties or be reassigned to reasonable alternative departmental duty or placed on administrative leave with no loss of pay or benefits until such time as the investigation is completed and disciplinary action, if any, has been determined. Upon the completion of the investigative report, the bargaining unit member will be provided upon request and at no cost, a copy of the investigative report and supporting documentation. 4.5 The investigation findings under this Article will be classified as follows: A. Unfounded — The complaint is false or non-factual. B. Valid — There is sufficient information or evidence to substantiate the complaint. C. Invalid — There is insufficient infonnation or evidence to prove or disprove the complaint. 4.6 A complete copy of the investigative report and supporting documentation, if requested, will be provided to the bargaining unit member and placed in the Fire Department's Administrative Investigation File. The report summary and discipline, if any will be placed in the personnel file. Z Article 5 Professional Standards and Disciplinary Action 5.1 It is a statutory right of the City to establish rules and standards of performance and to discipline employees in accordance with those standards. When discipline is applied, the City shall, when possible, use a system of "progressive discipline" that uses an appropriate form of corrective action to obtain its intended purpose, which is to correct inappropriate conduct. However, the Union and City recognize that there are instances where the employee's conduct is such that progressive discipline is not warranted or required and discipline, up to and including discharge can be imposed by the City. Employees will not be discharged or disciplined without proper cause. A. Supervisory personnel are delegated the authority and responsibility for the proper direction, effectiveness, efficiency, conduct, and discipline of subordinate personnel assigned to them, subject to review by the Fire Chief. B. Prior to any disciplinary action being taken, management will address as appropriate to determine the applicable facts and evidence which would support or not support the need for disciplinary action. The circumstances will determine the need for a formal investigation and the extent therof. If an investigation is reasonably expected to result in disciplinary action involving suspension, demotion, or termination, such investigation will be conducted in accordance with Article 5 of this Agreement. 5.2 Counseling: All Supervisors are responsible for counseling employees when necessary to improve performance. Counseling is not considered discipline and is not subject to the grievance process. Supervisors shall document the written counseling on the city's Corrective Action form and Written Counseling records are considered public records and shall be maintained in the employee's personnel file. 5.3 Discipline may take the form of: A. Reprimand: Recorded admonishment of a deficiency or poor performance. B. Suspension: An unpaid period of time of not less than one shift and not more than two full pay periods (28 days). However, if the bargaining unit member has been suspended as the result of an administrative investigation into pending criminal charges, the bargaining unit member may be suspended until a final court disposition is rendered. C. Demotion: Reclassification from one position to another one of lower pay. i7 D. Termination: A complete and irrevocable severing of the employment relationship. 5.4 If a bargaining unit member who is suspended pending final court disposition of criminal charges, is convicted or pleads guilty or nolo contendere to any criminal charge that disqualifies him/her from service as a Firefighter under Florida Statutes, he/she shall be terminated and shall not be entitled to any back pay or benefits. 5.5 If a bargaining unit member who is suspended pending final court disposition of criminal charges is convicted, pleads guilty or nolo contendere to or plea bargains to a misdemeanor offense that does not disqualify him/her under Florida Statutes, the bargaining unit member shall not be entitled to any back pay or benefits upon return to full duty. 5.6 All disciplinary action taken toward non -probationary bargaining unit members is subject to grievance. 5.7 Bargaining unit members shall be required to observe and comply with written regulations governing their employment as set forth in Department Operating Guidelines and written communications issued by the Department or the City, including the City's Employment Policies Manual, to the extent that such rules or directives are not in conflict with this Agreement. 5.8 No disciplinary action will be taken for violation of a rule or regulation until seventy-two (72) hours after posting or distribution of the rule or regulation. 5.9 Documentation by supervisors of incidents, acts, or behavior potentially leading to disciplinary action is essential. Record keeping must identify dates, times and circumstances. The affected bargaining unit member shall be notified by their Supervisor within a reasonable time when such data is being created and retained, which could result in disciplinary measures to provide the opportunity for correction prior to discipline being issued. 5.10 If disciplinary action is proposed that includes termination, demotion, or suspension without pay, the bargaining unit member will be provided a copy of the final investigative report (if applicable), and upon request, all other facts and evidence obtained. All members are provided an opportunity to discuss the proposed discipline with the Fire Chief or his/her designee in a pre -disciplinary hearing prior to the effective date of such action. The bargaining unit member will be given notice of the pre -disciplinary hearing no less than five (5) calendar days prior to the hearing. 5.11 Within fourteen (14) calendar days of the conclusion of the pre -disciplinary hearing, the Fire Chief shall notify the bargaining unit member of his/her final decision in respect to the form of discipline, if any. 0 Article 6 Personnel Records 6.1 The bargaining unit members' official personnel files are to be maintained in the City's Human Resources Department. 6.2 With the exception of those exemptions noted in Florida Statutes, records in the bargaining unit members' personnel files are public records and available for inspection. The release and disclosure of any records in these files will be under the authority of the City Clerk. 6.3 Bargaining unit members shall have the right to inspect and make copies of their personnel files at no charge. The records shall be made available during regular business hours. 6.4 Bargaining unit members shall be notified within a reasonable time frame when any personnel file record has been released in accordance with the public records laws. Documentation noting the date and identity, if known of the individual/organization requesting the personnel file record shall be placed in the personnel file. 6.5 The City agrees that a bargaining unit member shall have the right to include in his/her personnel file a written refutation of any material he/she considers to be detrimental. The employee's written refutation must be provided to the Fire Chief within thirty (30) days of the employee's receipt of the alleged detrimental information. 9 Article 7 Work Period and Work Shift 7.1 The work period for twenty-four hour bargaining unit members shall be twenty- one (21 consecutive days as provided for in Section 7 (k) of the Fair Labor Standards Act. The work period for eight (8) hour bargaining unit members shall be seven (7) consecutive days. 7.2 The work schedule for twenty-four (24) hour bargaining unit members shall be twenty-four (24) continuous hours on duty starting at 8:00 a.m. followed by forty- eight (48) continuous hours off duty. An eight (8) hour bargaining unit member's work schedule shall consist of five (5) days on and two (2) days off with their starting and ending times determined by the Fire Chief. A 40 hour employee's workweek shall consist of five (5), eight (8) hour workdays with an unpaid lunch break, or four (4), ten (10) hour workdays with an unpaid lunch break, per work week. 7.3 As noted in Article 2.2.B. of this Agreement, the City has the right to change individual work schedules (starting and ending times and days on/off) as needed. The City will give as much advance notice as possible when adjustments are made. 7.4 Each eight (8) hour bargaining unit member will be entitled to a one (1) hour unpaid lunch break. The time period for the breaks must be approved by the bargaining unit members' supervisor prior to the bargaining unit member taking the break. 7.5 Whenever a shift rotation occurs or a bargaining unit member rotates to a new shift, bargaining unit members shall be entitled to at least the number of hours equal to one scheduled shift of off -duty time prior to returning to work. 7.6 The bargaining unit members shall have the opportunity to bid by seniority for shift and/or station in accordance with Department Operating Guidelines. Seniority shall be based on the department's Time in Grade Seniority List (Article 27.9). The City retains the right to determine the number of slots available on each shift and override shift pick selections. 7.7 Twenty-four (24) hour bargaining unit members shall have one (1) twenty-four (24) hour shift off unpaid every twenty-one (21) days ("Kelly Day"). The City will give as much advance notice as possible when scheduling adjustments are made. 10 Article 8 Overtime, Overtime Pay and Compensatory Time 8.1 The following provision applies to non-exempt bargaining unit members. Overtime is defined as time worked in excess of one hundred and fifty-nine (159) hours in a twenty-one (21) day period as provided for in Section 7(k) of the Fair Labor Standards Act for twenty-four (24) hour bargaining unit members and in excess of forty (40) hours in a seven (7) day period for eight (8) hour bargaining unit members. 8.2 For the purposes of computing overtime, compensatory leave, sick leave, bereavement leave, annual leave, holiday leave, military leave, jury duty and any other absence from work while on a paid status will not be considered time worked. 8.3 Overtime must be assigned or authorized by management; an employee is not entitled to assign or approve overtime for him/herself. Overtime shall be scheduled at the discretion of management in accordance with department policies, procedures/guidelines, and procedures herein, except in instances of a declared emergency. 8.4 Anytime hiring of overtime or additional personnel is found by management to be necessary. Hiring for overtime shifts shall be handled in accordance with Department Operating Guidelines. 8.5 Members cannot be removed from the Mandatory Staffing Overtime program. 8.6 Anytime a person(s) is sent home prior to the end of their overtime shift the department will utilize the policy of last hired/first sent home as long as operational needs are met. 8.7 No member who is required by the department to be on duty pursuant to mandatory overtime, shall move from their current spot on the staffing overtime program, even if it is greater than twelve (12) consecutive hours. 8.8 Special event hiring will be paged out and hiring shall be done no sooner than 10 minutes after the page. The member on their Kelly day or highest on the list will be hired for the position, providing they meet the following requirements: rank for rank and based on certification(s) necessary for the position to be filled. Anytime overtime or need for additional personnel cannot be filled rank for rank the next lower rank or qualified person shall be offered the time in accordance with Department Operations Guideline. Working special events will not cause movement on the staffing overtime program unless hours worked are twelve (12) consecutive hours or greater. 8.9 When hiring for projected overtime, the position will be paged out and hiring shall be done no sooner than 10 minutes after the page. Members will go into the staffing program and sign up for specific vacancies they want to work. If no one signs up 11 after 10 minutes, the position will be filled as a mandatory vacancy for the first projected shift only. 8.10 For immediate vacancies, the Battalion Chief will look at the staffing overtime program and use it to fill the vacancy. Members on their Kelly day or highest on the overtime list will be hired for the vacancy. If there is a need to fill the immediate vacancy, the Battalion Chief shall page out the vacancy and fill it no sooner than 10 minutes. If the need to fill the vacancy still exists after 10 minutes the position will be filled as a mandatory vacancy. 8.11 A mandatory staffing overtime program will be kept separate from the overtime list. When the department hires mandatory overtime vacancies, vacancies will be filled using the Mandatory List. When a person accepts mandatory overtime, he will move to the bottom of the Mandatory List. 8.12 Any person on annual leave, sick leave, personal day, Kelly day, or training leave will not be assigned mandatory overtime until returning to their next shift. Mandatory overtime will be assigned to the next person on the Mandatory List. 8.13 The Fire Chief has the authority to waive the requirements of Article 9.4 — 9.13 in the event of an actual or pending emergency. 8.14 Overtime worked shall be compensated at one and one-half (1.5) times the bargaining unit member's regular rate of pay as defined in the Fair Labor Standards Act. 8.15 In lieu of receiving cash for overtime worked in excess of one hundred and fifty- nine (159) hours in a twenty-one (21) day period or forty (40) hours per workweek, as applicable, employees may request compensatory time. A. Equivalent compensatory time for each overtime hour worked based on Article 9.17 of this Agreement will be credited to the employee at the end of the work period in which the overtime was worked. Records related to accrual and use of compensatory time are maintained by the Finance Department. B. The maximum accrual of compensatory time is seventy-two (72) hours for twenty-four (24) hour shift employees and forty (40) hours for eight (8) hour shift employees. When an employee has reached his/her maximum accrual, the City will include payment for any subsequent overtime in the employee's paycheck. C. A bargaining unit member who has accrued compensatory time and requested use of this compensatory time shall be permitted to use such time off within a reasonable period after making the request, if such use does not unduly disrupt the operations of the department. The minimum time period for use of compensatory time is four (4) hours for twenty-four (24) hour shift employees and one (1) hour for eight (8) hour shift employees. 12 D. Bargaining unit members may use compensatory time accrued in conjunction with the use of vacation leave. E. Upon termination of employment, for whatever reason, the remaining balance of accrued compensatory time will be paid to the terminated employee (or his/her designated beneficiary or estate in the case of the employee's death) at the rate of pay in effect for him/her at that time. 13 Article 9 Extra -Duty 9.1 Extra -Duty time is defined as any time a bargaining unit member is called into work or assigned to work outside when he/she is off duty. If the call -out consists only of telephone calls, the actual time of the call will be paid, without regard to a minimum time. Extra duty hours paid will be considered time worked for purposes of overtime calculation in the work period in which the hours occurred. 9.2 If the situation that created the extra duty is no longer in effect, the member working will be given the option of working to obtain a minimum of four (4) hours. 9.3 If the situation that created the extra duty is no longer needed prior to the start of the shift/situation and the member is notified less than one (1) hour prior to the start of the extra duty, the department shall allow the option of the four-hour rule. It is the member's option to remain and complete the four (4) hours or leave when the extra duty is no longer required. 9.4 Non-exempt members attending meetings shall be paid a minimum of two (2) hours. For meetings that exceed two (2) hours, the members shall be paid for the total time of attendance. 14 Article 10 Annual Leave 10.1 Bargaining unit members are entitled to the following: Twenty-four (24) hour shift bargaining unit members may not use their available accrued annual leave in increments less than four (4) hours per shift. Years of Service 24-Hour Emplovee 0-4 4.61 hours 5-9 5.54 hours 10-14 6.93 hours 15 -19 8.31 hours 20 and over 9.23 hours 10.2 The maximum amount of annual leave that bargaining unit members may accumulate is as follows: Emplovee Tvne Maximum 8 hour 320 hours 24 hour 400 hours 10.3 In the event that the City changes the annual leave benefits available to all other employees, the respective leave benefits will remain unchanged for bargaining unit members, unless the change is mutually agreed to by the Union and the City. 15 Article 11 Sick Leave 11.1 Bargaining unit members are entitled to sick leave on a biweekly basis in accordance with the following schedule: Years of Service 24-Hour Emvlovee Less than 1 Year 2.31 hours More than 1 Year 4.62 hours 11.2 In the event that the City changes the sick leave benefits available to all other employees, the respective leave benefits will remain unchanged for bargaining unit members, unless the change is mutually agreed to by the union and the City. 11.3 All twenty-four (24) hour shift personnel shall be limited to using sick leave in one —hour increments. The City's Sick Leave Policy shall apply to all members employed on an eight (8) hours work schedule. 16 Article 12 Bereavement Leave 12.1 Bargaining unit members are entitled to up to twenty-four (24) hours of bereavement leave upon approval of the Fire Chief in the event of a death of a family member. The member shall submit proof of death before compensation is approved. 12.2 Family members are defined as the employee's children, parents, parents -in-law, brothers, sisters, grandparents, grandparents -in-law, grandchildren, great grandparents, great grandchildren, aunts, uncles, and current spouse, step- children, step-parents, step parents -in-law, step -brother, step -sister, step - grandparents, step -grandchildren, sisters-in-law, brothers-in-law, sons-in-law, and daughters-in-law. 12.3 If additional time off is necessary, annual leave or compensatory leave may be used, with the approval of the Fire Chief. 17 Article 13 Leave of Absence 13.1 All applications for leave of absence must be submitted in writing and approved by the Fire Chief and the City Manager. Decisions regarding leaves of absence are not subject to the grievance or arbitration procedures. 13.2 Upon termination of leave of absence, the bargaining unit member shall return to the same job classification and rate of pay in effect at the beginning of the leave of absence. If the member was on a leave of absence for medical reasons, he/she must provide medical documentation indicating his/her ability to perform the essential functions of the job duties. 13.3 The bargaining unit member will not lose any credited service with the City, if the leave of absence period is less than three (3) months. If the leave of absence period is longer than three (3) months, the bargaining unit member will not receive any credited service for the entire leave of absence period. 13.4 Where applicable, any medical leave will run concurrent with leave taken pursuant to the Family and Medical Leave Act. 13.5 The City's Employment Policies Manual shall govern the procedures and timeframes for a leave of absence. 18 Article 14 Military Leave and Military Duty 14.1 Military leaves shall be granted in accordance with the City's Employment Policies Manual and Florida and Federal Law. 14.2 Except in an actual or declared emergency recall to duty, the bargaining unit member shall give thirty (30) calendar days notice, or as much notice as possible to his/her supervisor that his/her military duty will occur on the specific dates. 19 Article 15 Workers' Compensation/Injury Leave 15.1 The City provides workers' compensation insurance, in accordance with Florida Statutes, and through its carrier will provide medical and compensation benefits to employees who sustain an injury as a result of and arising out of employment by the City. Initial determination as to whether an injury is compensable will be made by the carrier. Disputes concerning compensability of injury or type or amount of compensation shall be resolved through existing legal process as defined by Florida Statute and shall not be subject to grievance under this Agreement. 15.2 Members recognize a duty to promptly report any injury occurring while on the job, and to cooperate in providing any information necessary to process a claim. 15.3 The City is entitled to select the physician who will examine or reexamine the injured employee; however, the injured employee is entitled to a one-time change in physicians per claim, subject to the approval of the workers' compensation carrier and applicable Workers' Compensation law. 15.4 While on a job connected injury or disability leave, bargaining unit members shall be entitled to all benefits as provided in this Agreement. 15.5 A bargaining unit member who receives a job related injury shall be paid injury leave at full pay until Workers' Compensation begins. 15.6 Upon payment of the maximum injury leave available, bargaining unit members shall be required to use accumulated personal leave to make up the difference between the workers' compensation payments and the bargaining unit members' regular wages. 15.7 Bargaining unit members taking leave pursuant to this Article shall use any available Family and Medical Leave. 20 Article 16 Vehicles 16.1 The City shall equip fire apparatus in such a manner as to allow bargaining unit members to perform the duties and responsibilities of their position. The Fire Chief shall determine the type of equipment to be used. 16.2 All maintenance, repairs, fuel costs, and insurance for fire department vehicles shall be the responsibility of the City. 16.3 If a bargaining unit member feels that a vehicle or other equipment is unsafe as defined in the Departmental Operating Guidelines, he/she shall immediately inform his/her supervisor. 16.4 Bargaining unit members shall not be required to perform major repairs on vehicles or facilities. However, bargaining unit members are expected to perform daily checks and schedule preventative maintenance as prescribed by Department Guidelines and Policy. 16.5 Bargaining unit members required to use their personal vehicles in the performance of any assigned duties shall be reimbursed per the City's Travel Procedures. 16.6 Bargaining unit members assigned to certain positions may be allowed to drive City vehicles home, based on specific authorization by the City Manager. In the event a member is transferred to a position that does not require the use of a take home vehicle, the member's use of a take home vehicle shall cease. Members shall be required to use such vehicles in accordance with the City's Take Home Vehicle Policy in effect at the time unless otherwise stipulated in this Agreement. 21 Article 17 Personal Day 17.1 Bargaining unit members are entitled to the 2 personal days per calendar year. 17.2 In the event that the City alters the personal day(s) benefits available to all other employees, the respective personal day(s) benefits will remain unchanged for bargaining unit members, unless the change is mutually agreed to by the union and the City. 22 Article 18 Insurance 18.1 The City agrees to provide the same health, dental and life insurance benefits to bargaining unit members as are provided to all City employees. The cost for such insurance to bargaining unit members shall be the same as charged to all City employees. The City shall have no obligation to bargain over changes to insurance or the effects of such changes during the term of this agreement as long as the bargaining unit members are provided the same insurance benefits and wellness program (including additional opportunities provided to firefighters such as Life Scan and physical agility testing) as all City employees. 18.2 The City shall provide life insurance or death benefits for each bargaining unit member in accordance with Florida Statutes. 23 Article 19 Union Representatives and Business 19.1 The City shall recognize the officers of the Clermont Firefighters Union, Local 4350 as the official representatives of the Union, and shall consider them the sole contact with Union members in regard to the terms and conditions of employment and contract matters, subject to bargaining. 19.2 The Union will be permitted to use the training room or any other city meeting facility, if available, at no cost between 8 a.m.- 5 p.m. Monday through Friday for meetings of Local 4350. For meetings scheduled outside of normal business hours, the fire department training room may be used, if available, at no cost providing arrangements have been made in advance in accordance with normal scheduling procedures. Other than those acting in official capacity as union representative, no employee covered by this Agreement may attend Union meetings during his/her scheduled work hours unless specifically authorized by the Fire Chief or his designee. 19.3 Wall space, equivalent to approximately one-third (1/3) of the fire station's bulletin board space, and/or department -wide electronic communications will be allowed as approved by the Fire Chief for the purpose of posting notices and announcements pertaining to Union business. 19.4 The Union shall not post any material that is obscene, defamatory or that impairs the operation of the Department or the City. Any intentional violation of this provision by the Union may result in the privilege of such use of the bulletin board being withdrawn. 19.5 The Union shall be permitted to use the City's electronic mail system and telephone to transmit information related to Local 4350 to bargaining unit members provided such communications do not unduly interfere with City work. Said electronic mail shall also be available for review by appropriate City officials. The Union and Unit members shall not transmit any material which would violate the City's Computer Network Guidelines and Procedures. 19.6 The Union shall be granted up to one (1) hour during new firefighter orientations to explain jointly with a management officer the provisions of this agreement and the functions of the Union. 19.7 The City shall allow such internal Union business as membership recruitment, campaigning for union office, distribution of literature, and all other Union activities not prohibited by city policy during reduced activity periods. 24 19.8 The City shall allow the Union to continue to raise, collect and obtain monies benefiting a mutually agreed upon charitable organization and to present those monies as a joint effort between the City of Clermont and the Union. Times and locations of collections shall be approved by the Fire Chief or his designee. 25 Article 20 Reduction in Work Force 20.1 Layoff - In the event of a layoff for any reason, regular full-time employees shall be laid off in inverse order of seniority. A. "Seniority" for purposes of this Article is defined as the length of uninterrupted time since the most recent hire by the City. B. Seniority is earned within the Department and also within the City. Departmental seniority will be given first consideration; if departmental seniority is equal (in terms of date), then City seniority will govern. C. Employees in temporary status will be laid off first, followed by employees in probationary status. No permanent employee shall be laid off while another person in the same class is retained on an emergency, temporary or probationary basis by the City. 20.2 Exceptions to Layoff - If the Fire Chief should find that a specific employee should be retained despite a lower seniority because of special skills, abilities or training that are essential to the efficient operation of the department or the organizational unit, the Chief shall submit a written request to the City Manager that sets forth in detail the specific skills, abilities or training possessed by the member and the reasons the member is essential to the effective operation of the department. A copy of the request will also be delivered to the Local 4350 Executive Committee at the same time as submitted to the City Manager. Absent formal objection by the union through the grievance process and upon approval of the City Manager, the member may be retained. 20.3 Alternatives to Layoff - Any member scheduled to be laid off shall be offered an alternate position if qualified and if a suitable vacancy exists. A member may not "bump" another permanent employee from his/her position in order to avoid layoff. 20.4 Notice of Layoff - Prior to notification of those affected, the names of all bargaining unit members scheduled for layoff will be provided to the City Manager and to the Executive Committee of Local 4350. Such notice will include information of job class and seniority of those affected and will reference any request for out -of -seniority as provided in 21.2, above. Absent formal objection by the union through the grievance process and upon approval by the City Manager, layoff notices will be sent to the bargaining unit members affected. Bargaining unit members shall be notified in writing by the Fire Chief of their layoff at least fourteen (14) calendar days prior to the effective date of the layoff. 26 20.5 Recall A. Members in layoff status shall retain recall rights for twelve (12) months from the date of layoff. The names and seniority dates of laid -off members shall be placed on a recall list and a copy of the list shall be provided to the union. B. Members shall be recalled in order of seniority as shown on the recall list determined at the date the initial layoff occurred. The member with the greatest seniority shown on the recall list shall be recalled first. If, after the City has provided notice of recall in accordance with this Article to each of the members on the recall list, vacancies exist because laid off members have refused recall or failed to respond to notice within the time allotted, the recall list shall be deemed exhausted and the City shall fill vacancies through its ordinary hiring process. 20.6 Members will be provided notice of recall and must follow the procedures defined below in order to protect recall rights. A. Notice of recall shall be given to the member by first class mail sent to the most recent address contained in his/her personnel records. B. A member who receives a notice of recall and desires to return to work must respond to the City's Human Resources Department no later than fourteen (14) calendar days following his/her receipt of the recall notice. A laid off member who fails to notify the Human Resources Department in accordance with this section shall lose recall rights. C. A member must report fit for duty within fourteen (14) calendar days (or less if approved by the Fire Chief) following his/her notification to the Human Resources Department of his/her desired return to work. A laid off member who does not report fit for duty in accordance with this section shall lose recall rights. 20.7 Seniority does not accrue during layoff, nor does the member accrue time off or other benefit eligibility. Upon recall, a member's seniority shall be counted from the member's former hire date, less the period of layoff. 20.8 In the event of a layoff, special consideration will be given to individuals eligible for Veterans' preference in accordance with State law and City policy. 27 Article 21 Dues Deduction 21.1 The City agrees that upon receipt of a voluntary individual notice for any bargaining unit member, the City shall deduct from his/her pay, dues commencing with the second pay period after receipt of such notice. Revocation shall be in writing and shall be effective commencing with the second pay period after receipt of such notice of revocation. 21.2 Dues shall be deducted each designated pay period and those monies shall be remitted to the Clermont Firefighters Union, Local 4350 reasonably thereafter. 21.3 The Union will initially notify the City as to the amount of the dues to be deducted. Such notification shall be to the City in writing over the signature of the president or vice-president of Local 4350. 21.4 Changes in the amount of the union dues to be deducted will be certified to the City in the same manner and shall be done thirty (30) calendar days in advance of the effective date of such change. 21.5 The Union agrees to indemnify and hold harmless the City, its agents, employees and officials from and against any claims, demands, damages or causes of action (including but not limited to claims based upon clerical or accounting errors) or any nature whatsoever, asserted by any person, firm or entity, based on or relating to any payroll deduction required or undertaken under this Article, and agrees to defend at its sole expense any such claims against the City, or it agents, employees or officials. The term" officials" as used herein includes elected or appointed officials. Article 22 Grievance Procedure 22.1 The purpose of this Article is to establish processes for the fair, expeditious and orderly adjustment of grievances or disagreements between the City of Clermont, the Clermont Fire Department and Local 4350 and its bargaining unit members solely involving the interpretation or application of this Agreement. A grievance is a dispute, claim, or complaint filed by a Bargaining Unit employee or the Union arising under the Terms of this Agreement. Grievances are limited to matters of interpretation or application of the provisions of this Agreement. Any grievance filed shall contain a complete statement of the grievance, reference to the provision, or provisions of the Agreement alleged to have been violated and state the remedy or correction requested. The City need not entertain or process under this Article, and may refuse to entertain, any disputes, claims, or complaints not meeting this definition. 22.2 Any formal grievance filed shall be in writing and shall set forth the provision or provisions of this Agreement alleged to have been violated and the facts pertaining to the alleged violation(s) and the date of the violation(s). The grievance shall be signed by the grievant and an Officer of Local 4350. Grievances submitted which do not contain the above information and/or are incomplete, shall be amended by the grievant within five (5) calendar days of the original filing_to state the required information. The necessity of filing an amendment shall not affect the timeliness to the extent that the grievance is substantially complete. 22.3 Nothing in this section shall be construed to prevent a bargaining unit member from presenting, at any time, his/her own grievance without representation. 22.4 A bargaining unit member who wishes to submit a grievance must submit a grievance in writing within fourteen (14) calendar days after the occurrence of the matter from which the grievance arose. A grievance not appealed to the next step within the time limits established by this procedure shall be considered settled on the basis of the last answer provided by management. 22.5 In advancing grievances, the grievant bargaining unit member(s) or Local 4350 and management may call a reasonable number of witnesses to offer testimony. Either party may call witnesses as needed. Hearings shall be continued to facilitate appearance of witnesses who are Department employees, whose presence would otherwise conflict with Department needs. 22.6 The formal grievance procedures are as follows: 29 Step One • The bargaining unit member and/or Clermont Firefighters Union, Local 4350, shall file the grievance, in writing, with the Fire Chief s Office within fourteen (14) calendar days of the occurrence of the event giving rise to the grievance. • An Assistant Chief will conduct a meeting within fourteen (14) calendar days of receiving the grievance or any amendment, if applicable with the grievant and his/her requested representative, unless an Assistant Chief chooses to grant the requested relief without further proceedings. The grievant shall not be represented by an elected official of the City, the City Attorney or his/her staff, or any person not affiliated with Union Local 4350. An Assistant Chief shall notify the grievant and the Union of his/her decision, in writing, within fourteen (14) calendar days after the meeting date. Step Two • If the grievance is not resolved to the grievant's satisfaction as rendered by Step One, the bargaining unit member and/or the Union may forward the grievance, in writing, to the Fire Chief s Office within fourteen (14) calendar days of receipt of the notification from an Assistant Chief. • The Fire Chief shall conduct a meeting within fourteen (14) calendar days with the grievant and his/her requested union or legal representative, unless the Fire Chief chooses to grant the requested relief without further proceedings. The grievant shall not be represented by an elected official of the City, the City Attorney or his/her staff, or any person not affiliated with the Union Local 4350. The Fire Chief shall notify the grievant and the Union of his/her decision, in writing, within fourteen (14) calendar days after the meeting date. Step Three • If the grievance is not resolved to the grievant's satisfaction as rendered by Step Two, the bargaining unit member and/or the Union may forward the grievance, in writing, along with a letter describing the details as set forth in 23.1 to the City Manager's Office requesting a meeting within fourteen (14) calendar days of receipt of the notification from the Fire Chief. • The City Manager shall conduct a meeting within fourteen (14) calendar days with the grievant and his/her requested union or legal representative, unless the City Manager chooses to grant the requested relief without further proceedings. The grievant shall not be represented by an elected official of the City, the City Attorney or his/her staff, or any person not affiliated with the Union Local 4350. The City Manager shall notify the grievant and the 30 Union of his/her decision, in writing, within fourteen (14) calendar days after the meeting date. 22.7 Grievance discussions at Steps One and Two shall be conducted during the grievant's normal duty hours. The aggrieved bargaining unit member shall suffer no loss of pay or benefits for time required for such meetings. 22.8 All class action grievances shall be filed at Step Two. 22.9 The aggrieved bargaining unit member and the Union shall be given at least two (2) calendar days notices of the grievance meetings provided herein. 22.10 If any grievance is not satisfactorily resolved by the procedure outlined in the Article, the Union may proceed to arbitration according to Article 23. 22.11 New hire probationary bargaining unit members shall not have the right to grieve discipline or discharge. 22.12 It is agreed that a bargaining unit member may file a grievance/appeal, in accordance with the personnel rules, regulations, and/or ordinances of the City of Clermont. Bargaining unit members may only choose one grievance/appeal process. The decision to use any City of Clermont grievance/appeal process is irrevocable and precludes the bargaining unit member from filing any grievance under the provisions of this Agreement. 31 Article 23 Arbitration 23.1 If any grievance is not satisfactorily disposed of by the grievance procedure outlined in Article 22, the bargaining unit member or Union may give notice of intent to arbitrate by written notice, hand delivered or by certified mail, return receipt requested, postmarked or hand delivered within fourteen (14) calendar days after the receipt of the Step Three decision. Said written notice shall include a statement of facts upon which the case is submitted, including a statement of the position of the Union with respect to the arbitral issues. 23.2 Within fourteen (14) calendar days of the receipt of such notice, a letter shall be directed by the Union to the Federal Mediation and Conciliation Service requesting a list of arbitrators. Within seven (7) calendar days of receipt of the list of arbitrators, a Union Representative and a representative of the City shall meet to select an arbitrator. The Union and the City will alternately eliminate one name at a time from the list until only one name remains and that person shall be the arbitrator. The City and the Union shall alternate in the rights to first strike names in successive arbitrations. 23.3 As promptly as possible, the arbitrator shall conduct a hearing between the parties and consider the subject matter of the dispute. The decision of the arbitrator will be served upon the bargaining unit member, the City and the Union, in writing. A. Any party may be represented at the hearings by counsel or any other representative. B. The hearing shall be conducted by the Arbitrator in a manner that will most expeditiously permit full representation of the evidence and arguments of all parties. The parties shall make every effort to conclude the hearing within one (1) day. C. Each party shall bear the costs of preparing and presenting its own case. Each party desiring a record of the proceedings shall pay for any costs thereof. In the event both parties agree to have a record of any type made of the hearing, said parties may share equally the cost of any such service. 23.4 The power and authority of the Arbitrator shall be strictly limited to determination and interpretation of the explicit terms of the Agreement as herein expressly set forth. He shall not have the authority to add or subtract from or modify any said terms of the Agreement; to limit or impair any right that is reserved to the City, the Union, or bargaining unit members; to establish or change any wage or rate of pay that has been agreed to in the Agreement. 23.5 No decision of any Arbitrator in one case shall create a basis for retroactive adjustment of any other case. 32 23.6 The Arbitrator may, under the powers granted by the terms of this Agreement, direct any remedy permitted by the Florida Arbitration Code. 23.7 The decision of the Arbitrator is final and binding on both parties and the grievance shall be considered permanently resolved. Review shall not be precluded pursuant to the Florida Arbitration Code. 23.8 The expenses of the Arbitrator shall be split equally by the parties. Each party shall make arrangements for and pay the witnesses that are called by it. 33 Article 24 Employee Educational Assistance 24.1 The City will reimburse bargaining unit members for the cost of tuition, books and fees under the following conditions: A. The course must be applicable to the employee's field of work or of such nature and quality to directly contribute to the employee's value and potential growth in Public Safety/Fire Rescue. B. The course must be pre -approved by the Fire Chief and the City Manager and is subject to budgetary constraints. C. Only specific courses for a specific semester will be approved. Blanket approval of courses will not be granted. D. The course must be a part of a degree seeking program and be at a nationally or regionally accredited institution. E. Reimbursement shall be made upon completion of the approved course and submission of the course final grade. Effective Contract Approval date, the City will reimburse bargaining unit members for the cost of tuition, books and fees based on state college/university rates up to a maximum of one thousand five hundred ($1,5000) dollars per fiscal year in accordance with the schedule outlined in the Employment Policies Manual 24.3 Bargaining unit members who resign from the City before the completion of one (1) year of service from the date of their last course reimbursement must pay back to the City any money received during that one (1) year period. 34 Article 25 Physical Examinations 25.1 Bargaining unit members are required to successfully complete a physical examination on an annual basis and are subject to a fitness for duty physical examination when necessary. The physical examination provider must certify to the City that the firefighter is medically qualified to perform all functions of a firefighter, in accordance with the guidelines set forth by the Florida State Fire Marshal Bureau of Fire Standards and Training and NFPA 1582. Refusal to complete all components of an annual physical examination shall be grounds for termination. 25.2 The annual physical examination will follow the current edition of NFPA 1582 guidelines and will include at a minimum the following: medical examination, height and weight, blood pressure, lab tests including, urinalysis and metabolic blood panel, audio screening, EKG at rest or stress (upon recommendation by the physician), a chest x-ray as stated in NFPA 1582 and a Tuberculosis test. The cost of the annual physical examination by the City's designated physical examination provider will be paid by the City. 25.3 The Tuberculosis test results must be read within the time frame specified by the physician. If the test results are not read within the specified time frame, the bargaining unit member will be required to receive another Tuberculosis test at the bargaining unit member's cost. If the Tuberculosis test is not completed within 30 days of the physical examination, the bargaining unit member will be required to undergo another complete physical examination at the bargaining unit member's cost. 25.4 Scheduling of the annual physical examination will be at the discretion of the Department and during normal scheduled work hours, when possible. Time spent at examinations which the City requires to be taken outside regular work hours will be considered hours worked for purposes of calculating overtime. 25.5 The City may require a member to undergo a physical or mental examination by a physician selected by the city, at the City's expense, whenever there is a reasonable belief, based on fact, that the member's fitness for duty is in question, and shall determine the nature and extent of such "fitness for duty" physical or mental examination. 25.6 All physical, health, and mental examination results will be maintained in separate medical files maintained in the City's Human Resources Department. In accordance with Florida Statutes, records contained in the bargaining unit member's medical files may be exempt from disclosure pursuant to public records laws. However, any release of medical file information in accordance with Florida Statutes will be under the authority of the City Clerk. 35 25.7 All physical examinations will be conducted by a provider designated by the City. However, bargaining unit members may select their own physician to perform the same annual physical examination, including testing and lab work, with the approval of the City. The physical examination must be completed according to NFPA 1582, Standards on Comprehensive Occupational Medical Program for Fire Departments. If the bargaining unit member's personal physician performs the annual physical examination, the City will reimburse the bargaining unit member for the cost of the physical examination up to the amount charged by the City's designated physical examination provider. In addition, the personal physician will have to complete the standard physical examination results form and send to the City. [cL Article 26 General Provisions 26.1 Bargaining unit members who are on duty shall be furnished with parking facilities at the Fire Department to the extent available. Said parking facilities shall be furnished at no cost to the bargaining unit member. 26.2 Prior to the implementation of any new and/or revised regulations, procedures, departmental operating guidelines or personnel policies affected by this contract, the City shall provide the new or revised items to the Unions prior to implementation. This does not impact the Union's right to impact bargain on the change. 26.3 Any memorandum issued will be in effect until the next annual revision of the department's operating guidelines, after which they must either be incorporated in the department's operating guidelines or shall be null and void. 26.4 All bargaining unit members are subject to drug/alcohol testing in accordance with the City's Drug Free Workplace Program. 26.5 Bargaining unit members may request an annual HIV Antigen test to be performed at a facility designated by the City. Results of such tests shall be kept confidential. 26.6 The probationary period for new bargaining unit members is one (1) year and successful completion of all probationary phase testing; however, the period may be extended by the Fire Chief at his/her discretion for additional observation. 26.7 A bargaining unit member may, subject to prior approval of the Fire Chief, and review by the City Manager (within 14 calendar days), accept and be employed in an occupation off -duty, which is not in violation of Federal or State Laws or rules and regulations of the Department, providing that such employment shall not interfere with or adversely affect the performance of assigned duties. A bargaining unit member may not, however, engage in off -duty employment which is contrary to his/her medical restrictions. 26.8 An Overtime List will be maintained for the battalion chief job classifications. Overtime will be filled in accordance with the Department Operating Guidelines. 26.9 The City agrees to provide on -duty training for bargaining unit members when said training is required by the Fire Chief, Medical Director or the State of Florida. Training will be provided in traditional (in -person) as well as online formats. Efforts will be made to offer multiple opportunities to attend and/or obtain the required training or re -certification. Should the member fail to attend the training sessions offered by the City (with the exception of being on Kelly Day or leave previously approved prior to training being announced/scheduled), 37 the member shall be responsible to obtain the training while off -duty at his/her cost. The City shall comply with the FLSA. 38 Article 27 Locker Room Facilities 27.1 The City agrees to provide and maintain locker room facilities for bargaining unit members, as appropriate. 27.2 Said locker room facilities shall consist of, but not limited to, the following: lockers and showers. 27.3 An agent of the City shall have the right to inspect a bargaining unit member's locker space without permission of the bargaining unit member or proper authority of law. All reasonable attempts will be made to conduct the search in the presence of a bargaining unit representative. The City shall be financially responsible for reimbursing a bargaining unit member for loss or destruction of property by an Agent or employee of the City during said inspection, excluding the locking device if the bargaining unit member was given the opportunity to open said locker. 39 Article 28 Voting 28.1 During a primary, special or general election, a bargaining unit member who is registered to vote, who did not have the opportunity to vote during early voting, and whose hours do not allow sufficient off -duty time for voting, shall be allowed to use their annual leave or compensatory leave for this purpose. 28.2 Where the polls are open two (2) hours before or after the regularly scheduled work period, it shall be considered sufficient time for voting. 40 Article 29 Wages 29.1 The following pay scales shall be effective during the duration of this contract: 1 st full pay period of Fiscal Year 2025- Oct. 5, 2025 Minimum Maximum Annual Annual Fire Captain $79,611.58 $124,389.00 Battalion Chief $86,825.58 $130,608.45 Oct. 6, 2025 — Oct. 4, 2026 Minimum Maximum Annual Annual Fire Captain $79,611.58 $124,389.00 Battalion Chief $86,825.58 $130,608.45 Oct. 5, 2026 - Sept. 19, 2027 Minimum Maximum Annual Annual Fire Captain $79,611.58 $124,389.00 Battalion Chief $86,825.58 $130,608.45 The annual hours for Battalion Chiefs shall be 2496 hours. The annual hours for Captains shall be 2080 hours. 29.2 The only add on or assignment pay that will be paid to bargaining unit members is Working Out of Classification. Bargaining unit members who are required by management to work in a higher classification due to a supervisor's absence shall be compensated an additional 5% for all hours worked in the higher classification. 29.3 Fixed percentage adjustments shall replace the previously utilized merit -based adjustments in this contract. The application of fixed percentage adjustments as opposed to merit -based adjustments will be subject to negotiation in the next contract period. 29.4 Effective the first full payperiod of the Fiscal Year 2025, all bargaining unit members shall receive a 15% pay increase, 4% effective first full payperiod of FY 2026, and 4% effective the first full payperiod of 2027. Bargaining unit members will receive a lump sum for the remainder of their adjustment if they reach the pay scale maximum. 29.5 Effective the first full payperiod of the Fiscal Year 2025, the bargaining unit member with City employee number 4694 shall receive a 24.37% pay increase, 41 4% effective first full payperiod of FY 2026, and 4% effective the first full payperiod of 2027. 29.6 Bargaining unit members who have specified certifications shall be eligible to receive incentive pay in accordance with the requirements outlined in the department's operating guidelines. Bargaining unit members who do not complete the necessary re -certification requirements necessary to maintain these certifications shall not be paid the incentive pay amounts. The incentive pay shall be equal to 1 /26th of the annual amounts and paid to bargaining unit members bi-weekly in their regular paychecks, commencing with the first pay period after eligibility has been established. Incentive pay is included in the calculation of the bargaining unit member's FLSA hourly pay rate, however, it is not subject to merit and other pay increases. Effective upon contract adoption (or after eligibility is established following the inception of the incentive program), the qualified certifications an annual/ bi- weekly amounts as follows: Lead Field Training Officer (24-hour members only One per shift) 1,500/$57.69 Should the City authorize an additional command officer for each shift, the Lead Field Training Officer incentive shall sunset upon implementation of the position. Personnel receiving the Lead Field Training Officer incentive at that time shall be eligible to receive the Field Training Officer incentive until the next rotation identified in the incentive guideline. Surface Water Rescue Technician $750/$28.85 Special Operations Coordinator $1500/$57.69 Child Safety Seat Technician* $600/$23.08 Technical Rescue Team Members $1,500/$57.69 *Effective 9/30/2025, the Child Safety Seat Technician incentive program will sunset. Technical Rescue Incentives Members are eligible for one of the following incentives based on qualifications. The member shall be compensated for the highest incentive he or she is qualified according to department operating guidelines. Effective October 1, 2024, all current bargaining unit members receiving the SO, SOC, Hazardous Materials Technician and Confined Space/High Angle Rope 42 Rescue Technician incentives will be adjusted to the new Technical Rescue Incentive program. For the duration of the contract, members who are currently grandfathered into old incentive programs will be eligible to either remain status quo or participate in the new incentive program. Ladder Truck Company Certified $750/$28.25 Technical Rescue Operations Certified $1,200/$46.15 Technical Rescue Technician Certified Paramedic $2,000/$76 Effective the beginning of the first full pay period after contractual approval $11,000/$423.08 effective October 1, 2024 through September 30, 2027. 29.7 The following bargaining unit members, identified below by city employee number, currently receiving the $3,000 per year Technical Rescue Team SOC incentive shall continue to receive the incentive until such time they separate from employment or become eligible for the new Technical Rescue Incentive program: 2056, 3120, and 4504 43 Article 30 Holidays 30.1 The following days shall be observed as official holidays for bargaining unit members: First Day of January (New Year's Day) Third Monday of January (Martin Luther King Day) Last Monday in May (Memorial Day) The Fourth of July First Monday in September (Labor Day) November 1 la' (Veterans' Day) Fourth Thursday in November (Thanksgiving) Friday after Thanksgiving December 24`h (Christmas Eve) December 25th (Christmas Day) Bargaining unit members will become eligible for any additional holiday adopted by the City. 30.2 When an official holiday falls on a Saturday, eight (8) hour bargaining unit members shall observe the holiday on the Friday immediately preceding the holiday. When an official holiday falls on a Sunday, the eight (8) hour bargaining unit members shall observe the holiday on the first Monday after the holiday. Twenty-four (24) hour bargaining unit members shall observe the holiday on the actual holiday. 30.3 Holiday pay shall be paid in the following manner: A. All bargaining unit members on a twenty-four (24) hour schedule who meet the Holiday Pay eligibility requirements outlined in Article 32.3.C. of this Agreement shall be paid Holiday Pay equivalent to eight (8) hours at the bargaining unit member's regular rate of pay. In the event that the observed holiday falls on the bargaining unit member's regularly scheduled day off, the member may request and, with the Fire Chief s approval, be given eight (8) hours off with pay in the same pay period, instead of being paid the holiday pay. 44 B. All bargaining unit members who are required to work on an official holiday and do not qualify for the overtime premium as noted in Article 9 of this agreement shall be paid for all hours worked on the holiday at the rate of one and one-half (1.50) times the bargaining unit member's regular rate of pay. In addition, the bargaining unit member must meet the Holiday pay eligibility requirements outlined in Article 32.3.0 of this agreement. This provision does not apply when employees are compensated for special events as outlined in Article 44. C. To be eligible for Holiday Pay, a bargaining unit member must meet the following requirements: 1. Must be a full-time employee 2. Must work on any scheduled shift seventy-two (72) hours prior to and seventy-two (72) hours after the holiday as well as the day of the holiday, if scheduled, or the bargaining unit member must be in an approved pay status on any scheduled shift not less than seventy-two (72) hours prior to and seventy-two hours after the holiday, if scheduled. Pay status shall include -members on paid annual, sick, or comp time, as well as leave due to workers' compensation and/or personal days. D. A bargaining unit member who reports in on the scheduled shift seventy-two (72) hours prior to and seventy-two (72) hours after the holiday as well as the day of the holiday and was unable to complete their shift due to illness, injury or emergency, shall be considered to have worked that day. 45 Article 31 Promotions 31.1 Promotions shall be conducted as provided in the Department's Operating Guidelines. 31.2 Bargaining unit members promoted shall receive a pay increase to either the pay scale minimum noted in Article 29 of this agreement or equivalent to five (5) percent, whichever is greater. 31.3 The probationary period (12 months) for a promoted member may not be extended more than two (2) consecutive three (3) month periods. 31.4 If the promoted member does not successfully complete the probationary period, the member shall be reassigned to his/her position previously held. The member's rate of pay will be adjusted to the rate of pay prior to the promotion. All merits and any other adjustments incurred during the probationary time will be applied to the pre -promotion pay rate. Article 32 Damage or Loss to Personal Property 32.1 The City shall reimburse a bargaining unit member for loss or damage to personal property specifically noted in this article in the performance of his duty, subject to the procedures and restrictions set forth in the following paragraphs. No reimbursement shall be made if loss or damage results from carelessness, negligence or misuse on the part of the bargaining unit member. A. Lost or damaged corrective eyewear shall be reimbursed 100% of the cost of repair or replacement per bargaining unit member per incident not to exceed $200.00. The maximum amount of reimbursement for the cost of repair or replacement of watches, wedding rings or medical identification bracelets shall be $200 per bargaining unit member per incident. B. Report of the loss of or damage to personal property must be made within the shift in which the loss or damage occurs or within a maximum of 3 calendar days if mitigating circumstances such as an injury prevent the bargaining unit member from reporting at the time of loss. Such report must include an explanation of how, when, and under what circumstances the loss occurred, and provide the brand name, original cost, and age of the item for which reimbursement is requested. The bargaining unit member's supervisor is responsible for investigating and making a recommendation to the Fire Chief concerning the claim. C. To receive reimbursement, the bargaining unit members must provide a receipt for the replacement article and, if possible, the remains of the broken item. 47 Article 33 Pension 33.1 The City agrees to continue providing pension benefits to bargaining unit members in accordance with the City of Clermont Firefighters Pension Plan (Plan) in effect as approved by the pension board and City Council. 33.2 The Union agrees to allow the City to use 100% of all future Chapter 175 annual distributions. 33.3 Bargaining unit members shall contribute the following percent of their salary toward the normal pension cost of the Plan. Effective 10/1/24 — 6.5% Effective 10/1/25 — 7.5% Effective 10/1/26 — 7.5% - however if the City's minimum required contribution stated in the most recent actuary report prior to 10/1/26 states more than 35% after chapter 175 monies are applied, then employee contributions shall increase to 8.5%. 33.4 All pension changes will be effective upon pension board and City Council approval and will not revert back to any prior service and will only affect future retirees beginning the first payroll date after adoption. 33.5 Effective 10/1/24, the Deferred Retirement Option Plan (D.R.O.P) will increase from five (5) to eight (8) years. Article 34 Performance Evaluations 34.1 Bargaining Unit members will receive an annual performance evaluation in accordance with the city's schedule outlined in the Employment Policies Manual. 01 Article 35 Uniforms and Equipment 35.1 The City will provide uniforms and shoes to all bargaining unit members who are required to wear such uniforms and shoes in the performance of their duties at no cost to the member. The uniforms and shoes may be purchased by bargaining unit members with the annual uniform allotment established by the Fire Chief for each bargaining unit member from the City's designated provider. However, the bargaining unit member shall be responsible for any applicable clothing fringe benefit federal income taxes. The Fire Chief shall determine the style of uniform and shoes worn by the members. 35.2 Any uniforms provided by the City which are damaged or destroyed while a member is acting in the performance of their duties, shall be replaced by the City within a reasonable period of time at no cost to the member. 35.3 The City shall provide all equipment necessary to safely and effectively perform the duties and responsibilities of a sworn Firefighter at no cost to the member. The Fire Chief shall determine what equipment is necessary. 35.4 When it is determined that a bargaining unit member is at fault due to willful destruction, being careless or engaging in other behavior resulting in loss or damage to City property, in addition to any other applicable disciplinary actions an assessment may be made in accordance with the following schedule: A. If the loss/damage is the first occurrence within a one year period, the percentage assessed shall be 50% of the cost of repair or replacement, not to exceed two hundred and fifty dollars ($250.00). B. If the loss/damage is the second or subsequent occurrence within a one year period, the percentage assessed shall be 100% of the cost of repair or replacement, not to exceed the city's insurance deductible or $500 whichever is lesser.. Prior to assessing a fee, the employee will have the opportunity to review the incident with the Fire Department's Safety Committee. Due to extenuating circumstances at the time of loss or damage, the member's supervisor may recommend to the Fire Chief that the assessment be waived. 35.5 Upon termination of employment or transfer from the department, the bargaining unit member shall return all uniforms and equipment issued to him/her in like condition as when issued, with the exception of reasonable wear and tear. If bunker gear is not returned, the employee shall be assessed a prorated cost of the gear based on age of gear, on his/her last paycheck in accordance with FLSA guidelines. IIc Article 36 Modified Duty Assignment 36.1 If a bargaining unit member is temporarily unable to perform the essential functions of his/her job due to a non -work related injury/illness, a written request for a modified duty assignment may be submitted. There shall be no modified duty status allowed a member unless, at the Fire Chief s sole discretion and in collaboration with Human Resources and the City Manager, it is determined that a necessary modified duty work opportunity exists within the Fire Department. In the event there is no modified duty work available in the Fire Department, the City Manager may approve modified duty status for work in other departments of the City. 36.2 If such an opportunity is available, the Fire Chief shall inform the bargaining unit member in writing of any modified duty assignment(s) and the physical capabilities required for their performance. 36.3 Upon the request of the Fire Chief, the bargaining unit member shall present this modified assignment information to the treating physician and obtain, at his/her expense, a written evaluation of the bargaining unit member's capacity to perform the essential functions of the assignment. The medical evaluation must be in sufficient detail to satisfy the Chief. The Chief reserves the right to request a second opinion from a City -selected physician at the City's expense if any doubt exists concerning the member's current ability to perform the modified duties. 36.4 Any modified duty assignment shall be administered by the City in accordance with applicable law, including but not limited to the Americans with Disabilities Act. Modified duty may be ended at the will of the City at any time in accordance with applicable law, and shall not be subject to the grievance/arbitration provisions of this Agreement. 36.5 In the event a bargaining unit member suffers an on-the-job illness or injury that is compensable under Workers' Compensation, he/she shall be given preference for a light duty assignment over a member suffering a non -work related condition if there are insufficient necessary light duty work opportunities available. The process for obtaining and granting such an assignment shall be the same as noted above in Sections 40.1 — 40.4. 36.6 In cases where the light duty will extend beyond two pay periods, 24-hour personnel qualifying for light or modified duty for a personal or work -related injury shall be assigned to an 8-hour duty work cycle (M-F, 8-5) and shall be temporarily assigned as an 8-hour employee under the following conditions: • The temporary assignment shall begin at the start of the next pay period after being assigned to light duty (for work -related injury) and extend 51 through the end of the pay period when the employee is released to full duty. • The effective hourly rate for light duty (for work -related injury) shall be equivalent to the member's total base salary annual earnings at the current fire shift hourly rate (e.g. multiplying the member's 24-hour hourly rate by 2496 and then dividing by 2,080). • All eligible incentives will remain in effect during this time. • While temporarily assigned, the member's vacation and sick leave shall accrue at the same rate as other 8-hour city employees, and use of leave shall be hour for hour. • 24-hour personnel separating from employment while on modified duty status shall have all benefits and unused leave paid out at the 24-hour fire shift hourly rate. • Unusual circumstances outside what is described above may be approved by Fire Chief and City Manager. 36.7 A bargaining unit member performing a modified duty assignment will be paid only for time actually worked and at his/her regular straight time rate of pay. No additional or overtime hours may be worked when a member is performing a modified duty assignment. Members may utilize accumulated and available sick, vacation, or personal time to make up a loss in pay if the modified assignment does not require at least eighty (80) hours in a biweekly pay period. 52 Article 37 Smoking, Vaping and Tobacco Use 37.1 It is understood that smoking and other forms of tobacco use or vaping of any product is a known hazard to the health of employees, including members of the bargaining unit. In an effort to improve the health of bargaining unit members and to decrease the costs associated with treating tobacco related illnesses, bargaining unit members are required to adhere to the City's Smoking and Tobacco Use Policy in effect at the time unless otherwise stipulated in this Agreement. 37.2 Employees Hired after October 1, 2015 must be tobacco (all forms) free for 1 year prior to employment and must remain tobacco (all forms) free for the duration of their employment. 37.3 Employees hired prior to October 1, 2015 shall abide by the City's Smoking and Tobacco Use Policy. 091 Article 38 Health and Safety 38.1 It is the goal of the City and the Union to maintain the highest standards of workplace safety in the Fire Department in order to minimize accidents, injuries, illness and death in the fire Service. In an effort to accomplish this goal, the City agrees to the formation of a Fire Department Safety Committee that will be in compliance with the requirements as set forth in Florida Statutes 633.810. 54 Article 39 Reduced Activity Period 39.1 Subject to operational needs, there shall be a period of reduced activity on each shift which should normally run from 1700 to 0700. During the reduced activity period, on -duty employees shall be in uniforms as required by the departmental operating guidelines and be ready to respond immediately to calls. After 1700, the on -duty crew shall complete the station duties for the day not yet completed before the reduced activity period, as well as other duties which the Fire Chief, or his/her designee, determines are necessary to be completed before the end of the shift. 55 Article 40 Special Events 40.1 "Special events" are defined as those events included in the Special Events list maintained by Parks & Recreation on the Recreation Collective folder. The Fire Chief or his designee will review the public safety impact of each of these events and shall determine, if Fire and/or Emergency Medical Services (EMS) resources are needed. 40.2 Bargaining unit members working a special event will be considered to be on duty. 40.3 Bargaining unit members who work the Special Event outside of their regularly scheduled shift and do not qualify for the overtime premium noted in Article 9.17 of this contract shall be paid for all hours worked the Special Event at the rate of one and one-half times (1.5) the bargaining unit member's regular rate of pay. 40.4 The hours worked during the special event will be considered time worked for purpose of overtime calculation in the work period in which the special event occurred, in accordance with the Fair Labor Standards Act. 40.5 Compensation earned while working special events shall be considered pensionable and is taxable. 40.6 Special events duty shall be assigned in accordance with Article 2 Prevailing and Management Rights 2.2; Article 26 General Provisions 26.8 Overtime List; Article 8 Overtime, Overtime Pay and Compensatory Time, and any and all articles applicable in the collective bargaining agreement effective October 1, 2024. Article 9 Extra -Duty shall not apply. Voluntary and mandatory special event assignments shall be paid in the same manner, in accordance with items 40.3 through 40.5. 40.7 If a special event detail is advertised and unfilled and where minimum staffing allows, personnel shall be moved from available in-service units prior to issuing a mandatory overtime call out. Personnel who are considered scheduled for the current shift and reassigned to the special event shall not be eligible for the special event premium. 40.8 This agreement does not include special event hours that are directly paid by the vendor. 40.9 Management reserves the right to utilize on duty staffing to cover events scheduled not to last more than six (6) hours. 56 Article 41 Indemnification 41.1 When the City may legally do so, the City shall furnish to bargaining unit members legal counsel and defense in accordance with F.S.S. 768.28(5) and (9). To the extent permitted by law, no bargaining unit member shall be held personally liable in tort for any injuries or damages suffered as the result of any act, event or omission of action in the scope of his/her employment or function, unless such employee acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, public safety or property. 57 Article 42 Severability Clause 42.1 If any article or section of this Agreement should be held invalid by operations of law or by any tribunal of competent jurisdiction, or, if compliance with or enforcement of any article or section should be restrained by such tribunal, the remainder of this agreement shall not be affected thereby. 42.2 The parties shall enter into collective bargaining negotiations for the purpose of arriving at a mutually satisfactory replacement for such article or section. 58 Article 43 Publication of the Agreement 43.1 The Union shall be responsible for printing and distributing the necessary number of copies of this Agreement to the bargaining unit members. 43.2 The Union and the City agree to execute duplicate originals of this Agreement. 59 Article 44 Complete Agreement 44.1 This Agreement constitutes the entire Agreement and understanding between the parties and subject to applicable law. This Agreement shall not be modified, altered, changed, or amended in any respect except upon the mutual agreement set forth in writing and signed by the authorized representatives of both parties. Furthermore, this Agreement supersedes any and all previous agreements and understandings between the parties, either written or orally. 3111 Article 45 Duration 45.1 This Agreement shall be in full force and effect upon ratification by the bargaining unit members and approval by the City Council. Such ratification and approval shall be made immediately following finalization of this Agreement. 45.2 This Agreement shall continue in full force and effect until midnight of September 30, 2027. 45.3 Upon expiration of this Agreement, the terms and conditions of employment of the bargaining unit members shall be governed by the status quo doctrine except that the pay increases outlined in Article 29 shall not be effective after the expiration of this Agreement. Pay increases after the expiration of this Agreement will be subject to negotiations and valid for active members at the time of contract approval. 45.4 Unless specifically stated herein, all changes shall be effective the beginning of the first pay period after contract approval (with the exception of merit pay increases). 61 PAGE INTENTIONALLY LEFT BLANK. SIGNATURES TO FOLLOW 62 PAGE INTENTIONALLY LEFT BLANK. SIGNATURES TO FOLLOW 63 PAGE INTENTIONALLY LEFT BLANK. SIGNATURES TO FOLLOW 64 PAGE INTENTIONALLY LEFT BLANK. SIGNATURES TO FOLLOW 65 PAGE INTENTIONALLY LEFT BLANK. SIGNATURES TO FOLLOW 66 PAGE INTENTIONALLY LEFT BLANK. SIGNATURES TO FOLLOW Cyl NEGOTIATING TEAM FOR THE CLERMONT PROFFESSIONAL FIREFIGHTERS UNION LOCAL 4350 Bryan Bull, Presi t > Brian Davis, Treasurer B David Ezell, Fire Chief Kevin Hoey, Assistant ire of Jeffrey T "pel,Vsident L -A PL-- Luke Brear, Secretary NEGOTIATING TEAM FOR THE CITY OF CLERMONT iy Manager Nadi Ohlinger, Human Resources Director L/ Frederi `Casler, Assistant Fire Chief THIS AGREEMENT APPROVED UPON ADOPTION BY THE CITY COUNCIL OF THE CITY OF CLERMONT ON THE LOTH DAY OF SEPTEMBER, 2024. ATTEST: Tracy Ackroyd owe, Clerk 68 Tim Murry, Ma or