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10-04-1999 Voting Order CoundrnanHammot d Councilman Roberts Councilwoman Lichter Mayor Allman Councilman Gomto AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING October 4, 1999 NIrly 7:00 p.m. COMMUNITY CENTER 1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE 2. APPROVAL OF MINUTES - None at this time. 3. PRESENTATIONS /PROCLAMATIONS/PLAQUES A. Mayor's Award and Proclamation to Marcella Halstead B. Introduction of Citizens Assisting Police (CAP) personnel 4. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (This is the time for the public to come forward with any comments they may have on any agenda items other than public hearings. Please state your name and address, and please limit your comments to five minutes or less.) 5. CITY COUNCIL REPORTS `'"' 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS - None at this time. 7. CONSENT AGENDA Items on the consent agenda are defined as routine in nature that do not warrant detailed discussion or individual action by the Council; therefore, all items remaining on the consent agenda shall be approved and adopted by a single motion, second and vote by the City Council. Items on the consent agenda are not subject to discussion. One of the most basic rules of a consent agenda is that any member of the City Council may remove any item from the consent agenda simply by verbal request at the City Council meeting. Removing an item from the consent agenda does not require a motion, second or a vote; it would simply be a unilateral request of an individual Council member. A. Requesting Council declaration of Impact Fee Eligibility for Water Line Extension Projects. B. Requesting Council approval of Water and Wastewater Renewal and Replacement Fund expenditures for current FY 1999. C. Requesting Council to waive Code requirement for connection to the City water system for an unmanned equipment building. *o rr 8. OTHER BUSINESS A. Requesting Council adopt the F.O.P, P.E.A., and S.P.E.A. Bargaining Agreements as negotiated and presented. B. Request for McKim and Creed Consulting Engineers to perform a "Water Treatment Plant Evaluation Report" for the City of Edgewater ($23,252). C. Review of draft Joint Resolution to MPO regarding need for additional evacuation routes for Oak Hill and Edgewater. 9. OFFICER REPORTS A. City Clerk B. City Attorney C. City Manager 10. GENERAL CITIZEN COMMENTS /CORRESPONDENCE 11. ADJOURN. Note: All items for inclusion on the October 18, 1999, agenda must be received by the City Manager's office no later than 4:30 p.m. Monday, October 11, 1999. Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to insure that a verbatim record of the proceedings is made. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City Clerk Susan Wadsworth, 904 - 424 -2407, prior to the meeting. c:\agendas\ag 100499.reg immumeimommiummiammoo * y " OSp TA L11 G Proclamation 066tee of tkeuVlagon WHEREAS, Marcella Halstead is an independent Edgewater business woman and the proprietor of Prime Times Restaurant; and WHEREAS, during the recent community emergency as a result of Hurricane Floyd and Tropical Storm Harvey, she prepared as well as provided, hot meals to emergency workers as well as citizens alike at no expense to the City; and WHEREAS, unselfish acts and community spirit such as this is rare in today's society; and NOW, THEREFORE, I, Randy'G. Allman, Mayor of the City of Edgewater, Florida do hereby find it fitting that our community should join in recognizing and honor MARCELLA HALSTEAD with the Mayor's Award of Excellence and give her a heart felt thank low you for her generosity to her community. 3n ttness Inflereof g have herteunto set my hand and caused the 0/teat SeaP of the Ctty o6 ed to be altwed Done at the Edgewater City Hall in the County of Volusia STATE OF FLORIDA this 22nd day of (Official Seal) September in the Year of Our Lord one thousand nine hundred and ninety - nine Attest: Mayor City Clerk AGENDA REQUEST Date: 8/20/99 PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS CONSENT AGENDA XX OTHER BUSINESS ITEM DESCRIPTION /SUBJECT: Council Declaration of Impact Fee Eligibility for Water Line Extension Projects. BACKGROUND: The following line extension projects are to serve new customers and meet the criteria as outlined in the City of Edgewater Code of Ordinances, Sec. 19, Article IV, Glencoe Road - Taylor Road to Lake Waterford Estates, 18 Street - Kumquat to Hibiscus, and U.S. #1 - Joseph Street to Edgewater Commons. RECOMMENDATION /CONCLUSION: loo,.. I respectfully request the Edgewater City Council declare the above referenced projects to be impact fee eligible as required by the Code in Sec. 19 -46. Trust Funds. FINANCIAL IMPACT: Engineering $26,547. Materials Best Price Available FUNDS AVAILABLE: ACCOUNT NUMBER: Water Impact Fees (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PRESENTED BY: Terry A. Wadsworth, Director of Environmental Services PREVIOUS AGENDA ITEM: YES NO Date: Agenda Item No. Respectfully submitted: Concurrence: Terry A. l adsworth enne I Hooper Director of Environmental Services City Manager TAW:dmc RICHARD W. FERNANDEZ, P.E. TELEPHONE MARK A. HAMPTON, P.E. 904/761 -6810 BRAD T. BLAIS, P.E. Quentin L. Hampton Associates, Inc. FAX # 904/761 -3977 Consulting Engineers P.O. DRAWER 290247 PORT ORANGE, FLORIDA 32129 -0247 August 30, 1999 Terry Wadsworth Public Utilities Director City of Edgewater Post Office Box 100 Edgewater, FL 32032 SOUTH GLENCOE ROAD Dear Mr. Wadsworth: It is in the opinion of Quentin L. Hampton Associates, Inc. that the above referenced project is indeed eligible for funding by the City of Edgewater Impact Fee Trust Funds for the expansion of the primary water system. Now Per Section 19 -10, (g), 1), water mains of diameter eight inches and larger are considered part of the primary system. Per Section 19 -45, impact fee funds can be used only for the expansion of the primary water or sewer system. The proposed water main on Glencoe Road is proposed to be approximately half (of the length) ten inches in diameter and half, eight inches in diameter. Therefore, the main is within the primary system definition and eligible for impact fee funding. Please contact our office if you have any questions. Sincerely, QUENTIN L. HAMPTON ASSOCIATES, INC. David A. King, P.E. Project Manager DAK:mt cc: Mark Hampton, P.E., Vice President, QLH 'tirr► . .. ,..„--- , . v MCKIM&CREED _ . . v•.. September 1, 1999 M &C 11380004(11) Mr. Terry Wadsworth Public Works Director City of Edgewater 104 North Riverside Drive, P.O. Box 100 Edgewater, Florida 32132 -0100 RE: U.S. Hwy 1 Water Main / Impact Fee Eligibility Dear Mr. Wadsworth: Per your request this letter is to certify the impact fee eligibility for the design and permitting of the 8 -inch diameter water main extension along the west side of U.S. Hwy 1 from Joseph Street to Edgewater Commons. The Engineering Fee for this portion of the +- work is $10,495. This project will be an expansion of the transmission main component of the primary water supply systems as referenced in City Code Section 19 -10, Section 19-45 and Section 19-46 and therefore is impact fee eligible. Please contact me if you need additional information. Sincerely, McKIM & CREED, PA ./�Z z Mark A. Veenstra, PE Senior Project Manager /mbj low Q:\1138 \0004\090199 Terry Wadsworth Impact Fee Eligibility US1 Wtr Main.doc 1 . YEARS 1901 MASON AVE., SUITE 102, DAYTONA BEACH, FLORIDA 32117 TEL 904.274.2828 FAX 904.274.1393 www.mckimcreed.com AA0002667 AGENDA REQUEST Date: 9/2/99 ,�, PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS CONSENT AGENDA XX OTHER BUSINESS ITEM DESCRIPTION /SUBJECT: Annual City Council approval of Water and Wastewater Renewal and Replacement Fund expenditures for current fiscal year. (FY 1999). BACKGROUND: The water and sewer bond covenants call for the establishment and maintenance of a Renewal and Replacement Fund for system maintenance and improvements. It specifically calls for the Council to approve expenditures from this fund. Although these items are earmarked in the budget for funding from the Renewal and Replacement Fund, the specific expenditures must be approved by Council. * RECOMMENDATION /CONCLUSION: I respectfully request the Edgewater City Council approve the Water and Wastewater Renewal and Replacement Fund expenditures. FINANCIAL IMPACT: $201,711.99 FUNDS AVAILABLE: ACCOUNT NUMBER: Renewal and Replacement Fund (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PRESENTED BY: Terry A. Wadsworth, Director of Environmental Services PREVIOUS AGENDA ITEM: YES NO X Date: Agenda Item No. Respectfully submitted: Concurrence: Terry A. 1 orth Kennet Hooper Director of Environmental Services City Manager TAW:dmc 52310 Professional Services _52310 52310 5231 52310 52310 5 2310 5231 52310 52310 52310 52310 52310 52310 52310 52310 52310 52310 52310 52310 52310 BUDGET AMT Water Purchase Orders cn MroiaD 1011/98 Barnes Ind ustries 10/16/98 Envirolab - 11/1/98 Envirolab 11/18/98 Barnes, Ferland & Ass 12/8/98 Envirolab 15/99 Remtech, Inc. 1/26198 Envirolab 211/99 Biological Consulting S ervices 222/99 Boyle Engineering 3/8/99 Envirolab 3/31 /99 James Poland 4/1/99 Honeycutt & Assoc - 4M/99 Honeycutt & Assoc 41/30/99 Boyle Engineering 5/7199 Envirolab 322199 Hartman & Associates 8/3/88 Enviro 8/30/89 GAI Consul ants 722/89 FDOT 7r2Z% GAI Consultants 722/99 TOTAL SPENT $248.00 990013 Yes Water Analysis $ 1,533 • 50 990199 Yes FDEP Soil/Water Testing $185.00 990013 Yes Water Analysis $248.00 Yes $ 990559 Yes Risk Mgmt Plan $185.00 990013 Yes Water Analysis $6,915.00 990825 Invest. of Damage to PABS Tank $ 150 ' 00 990013 Yes Lab Work $1 991006 CUP Compliance Services $3,000.00 991122 Cons work on wellfield capacity $2,824.00 990013 Yes Weekly CBOD $2DO'00 991304 Yes 12 Appraisal $2,931.50 991494 12 Survey of Bliton Property $ 991496 Yes Survey of wellfield photo stations $3,000.00 991577 Water projections for EW $150.00 990013 Yes Lab Work $ 2, =•M 991 736 Yes FDOT Permitting Specs $2,250.00 990013 Yes Lab Work $16,995.00 992038 Water system improvements $28,000.00 992043 Engineering Services $24,950.00 992044 ImprovemenW4 5103,159.00 BALANCE (573,159.00) ..,Page 1 Water Purchase Orders 56640 Machinery& Equipment Precision Control Instruments 12/7/98 $1,550.00 Yes Upg rade Scada 56640 Woodward Glass Protection 6/18/99 $14,963.00 991845 Leak Repair, etc 56640 Dell 9/1/99 $2,407.00 992285 Laptop Computer BUDGET AMT $20,000.00 TOTAL SPENT $18,920.00 BALANCE $1,080.00 Page 1 Wastewater PO's LINE ITEM 53460 ITEM NAME VENDOR ABS Pumps DATE 411/99 AMOUNT $12,400.00 PO# 991275 BALANCE PAID Yes MEMO Lift Stations #3,4,7 Repair & Upgrade 53460 Ashbrook Corporation 4099 $496.60 991310 Yes Gravity Belt Thickener 53460 Eimco Process 4/5/99 $71.00 991316 Yes Clarifier Repair 53460 Air Centers 4/6/99 $573.16 991331 Yes Air Compressor Maintenance 53460 J Herbert Corp 41/99 $534.00 991334 Yes I Annual Service 53460 US Filter 4/13199 $1,794.55 991370 Yes Reclaim Repairs & Sewer Pipe 53460 Ringhaver 4/16/99 $735.84 991394 Repair Transfer Switchgear 53460 W Do Machine 421/99 $150.00 991375 Yes Adapter Plate 53460 Water Treatment & Contras 421199 $27.87 991430 Yes Maint of CL2 Analyzers 53460 Madsen Barr 424 /99 $50,000.00 991660 Turgot & Orange Sewer 53460 Ernst Gauge 426/99 $54.45 991449 Yes For Hydropneumatic Tank 53460 Parkson Corp 427/99 $406.00 991462 Yes Dynasand Flier Repair 53460 Florida Fire & Safety 428/99 $82.35 991474 Yes Fire Ert Inspection 53460 American Hardware 4/30/99 $15.28 990002 Yes Monthly 53460 Florida Shares Hardware 4/30/99 $65.91 990016 Yes Monthly 53460 Air Centers 5/11/99 $152.20 991594 Yes I Air Compressor #2 Repair 53460 Ringhaver 5 /18/99 $375.00 991623 Yes Quarterly Maintenance 53460 Ashbrook Corporaion 520/99 $768.00 991639 Yes Gravity Belt Thickener 53460 Economy Electric 521/99 $92.95 991655 Yes Troubleshoot LS #3 53460 Southern Paint & Wallpaper 5131/99 $31.60 990031 Yes Monthly 53460 American Hardware 5131/99 $32.14 990002 Yes Monthly 53460 Daytona Bolt & Nut 5/31/99 $40.20 990007 Yes Monthly 53460 Florida Shores Hardware 5/31/99 $32.74 990016 Yes Monthly 53460 Scattys 5/31/99 $626.20 990029 Yes Monthly 53460 Economy Electric 6/1/99 $86.00 991713 1 Yes Troubleshoot Mechanical Bar Screen 53460 Newsome Oil 611/99 $65.40 991716 Yes WWTP Maintenance 53460 Tindall 62/99 $135.00 991734 Unclog Sewer 405 Joyce 53460 Blue Planet 6 14/99 $660.00 991748 Yes Troubleshoot Alum System 53460 GE Supply 6(7/99 $184.00 991763 Yes Clarifier Repair 53460 GrayBar 6/11/99 $289.50 991789 LS @ 32nd & Vista 53460 Rockwell 6/18/99 $159.60 991844 Yes Floating Aerator Repair 53460 Halls Machine 6118199 $128.75 991846 Yes Floating Aerator Repair 53460 ABS Pumps 621/99 $896.00 991855 Lift Station 06 53460 US Filter 622/99 $103.50 991864 Yes Various Items 53460 Rockwell 624/99 $89.60 991888 Yes Floating Aerator Repair 53460 Rorida Shores Hardware 625/99 $62.56 990016 Yes Mo 53460 All Florida Plumbing 625 199 $460.00 990001 Yes Monthly 53460 Indian River Mower 625199 $186.74 990022 Yes Monthly 53460 American Hardware 628/99 $49.39 990002 Yes Monthly 53460 Aqua Aerobic Systems 629/99 $31.56 991907 Floating Aerator Repair 53460 Southern Instruments 629/99 $52.50 991908 Yes Repair Milton Roy Spectionic 53460 US Filter 629199 $804.70 991910 LS 7 & 3 Rehab 53460 Fischer Scientific 7!'6/99 $116.50 991943 Repair Autoclave 53460 ABS Pumps 717/99 $1,702.80 991958 Yes LS 3 & 7 53460 Olson Electric 7!1/99 $1,514.11 991956 Repair Lighting 53460 Halls Machine 7/9/99 $112.50 1 991972 Repair Pump Impeller )Page 1 Wastewater PO's LINE ITEM ITEM NAME VENDOR DATE AMOUNT PO# BALANCE PAID MEMO 56640 Machinery & Equipment Home Depot 10114/98 $529.00 990172 Yes Window A/ 56640 Air Centers 12/9/98 $1,728.00 990568 Yes Air Compressor 56640 Sanders Co 1/27/99 $4,085.00 990836 Yes LS #2 56640 ABS Pumps 222/99 $12,400.00 991004 Yes Lift Sta tion Pumps 56640 ABS Pumps 318/99 $6,200.00 991099 L ift Station #6 Upgrade 56640 John Cotton & Associates 3/22/99 $13,308.00 991028 Yes Reuse System Replacement 56640 Amazon 629/99 $1,620.00 991903 Sewer Cleaning 56640 Biopath 8/3/99 $1,500.00 992095 Spectrophotometer BUDGET AMT $32,000.00 TOTAL SPENT $41,370.00 BALANCE ($9,370.00) rage 1 Field PO's LINE ITEM ITEM NAME VENDOR DATE AMOUNT PO# BALANCE PAID MEMO 56640 Machinery & Equipment Prime Equipment 10/12188 $898.19 990170 Yes Fork for Backhoe 56640 B &P Imaging Systems 1/28/99 $5,624.00 990843 Yes Ricoh Copier 56640 Jack Caruso Regency 212/99 $13,237.00 990872 Yes Dodge Pickup BUDGET AMT $21,400.00 TOTAL SPENT 1 $18,759.18 BALANCE $1,640.81 ) Page 1 Field PO's LINE ITEM ITEM NAME VENDOR DATE AMOUNT PO# BAL ANCE PAID MEMO 56630 US Filter 8!16!99 $7,771.00 992176 Oak Trail Water Line ) Page 1 AGENDA REQUEST Date: 8/31/99 *ftl'" PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS CONSENT AGENDA XX OTHER BUSINESS ITEM DESCRIPTION/SUBJECT: Request for Edgewater City Council to waive Code requirement for connection to the City water system for unmanned equipment building. BACKGROUND: Time Warner Cable is constructing an unmanned equipment building to house electronic equipment at the southwest comer of Park Avenue and Wildwood Drive. Sec. 19 -11. of the Edgewater Code of Ordinances requires connection to the system. RECOMMENDATION /CONCLUSION: As there are no water outlets associated with this building due to its design to house sensitive electronic equipment, and as landscape irrigation will be accomplished with a well supplied irrigation system, I respectfully request the Edgewater City Council waive the water connection requirement. FINANCIAL IMPACT: none FUNDS AVAILABLE: ACCOUNT NUMBER: N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PRESENTED BY: Terry A. Wadsworth, Director of Environmental Services PREVIOUS AGENDA ITEM: YES NO X Date: Agenda Item No. Respectfully submitted: Concurrence: Terry A. Wa f' worth enn th Hooper Director of Environmental Services City Manager TAW:dmc - DROOR •MMIN■I WINE. OMNI MIMI MINI - AIME II - ASSOCIATES INC. 580 N. Wickham Rd., Suite E Melbourne, FL 32935 (407) 253 -8233 Fax (407) 253 -8232 August 27, 1999 e-mail noel @droorassociates.com Project #99057 Terry A. Wadsworth City of Edgewater 104 N. Riverside Drive P.O. Box 100 Edgewatef, FL 32132-0100 RE: TWC Edgewater — Park Avenue & Wildwood Dr., Edgewater Site Plan #SP -9908 Dear Mr. Wadsworth: With this letter, we would like to request a waiver for providing water and sewer service to the above referenced project. Nlow The proposed building is a 1200 square foot unmanned equipment building to house electronic equipment to serve the neighborhood, which does not require bathroom facilities and would not need water or sewer services. The irrigation for the proposed site would be via deep well and pump as required to cover the construction area. We hope the a, . ' e req s : t will meet with your approval. Please call if you have any questions. t7 - ry Tru Yours r'e • roor / . Presiden N / cc: Joe Pinckney, TWC 99057/899 -448 Civil & Structural Engineering Inspections PE 37259 AGENDA REQUEST Date: September 27 , 1999 PUBLIC HEARING RESOLUTIONS ORDINANCE OTHER CONSENT BUSINESS CORRESPONDENCE ITEM DESCRIPTION /SUBJECT: Ratification of the F.O.P., P.E.A., and S.P.E.A. Bargaining Agreements BACKGROUND: F.O.P. Agreement negotiations resulted in the following changes: Probation of a new employee from six (6) months to one (1)year. The employees are to receive a 4% pay increase the first week of October and a 1% pay increase the first week of April. The following language was added to the Pension Article: "The City proposes to use the surplus state premium insurance funds to equalize the City's share and the employee's contributions to fund the Police Pension Plan. Once this is accomplished, all low excess monies will be used to enhance pension benefits which will be negotiated by the bargaining unit." P.E.A. and S.P.E.A. negotiations resulted in the following change: The employees are to receive a 4% pay increase the first week of October and a 1% pay increase the first week of April. RECOMMENDATION /CONCLUSION: It is the recommendation that the City Council adopt the three agreements as negotiated and presented. FUNDS AVAILABLE (ACCOUNT NUMBER) 10519 51125 (Other Gov. Services) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. N/A Respectfully submitted, Concurr - nce: D Sigler / K- eth R. Hooper Personnel Director City Manager FOP AGREEMENT TABLE OF CONTENTS ARTICLE SUBJECT PAGE 1 Recognition 4 2 Employee Non - Discrimination Rights 4 3 Management Rights 5 4 Strikes and Lockouts 10 5 Personnel Records 12 6 Hours of Work and Overtime 13 7 Mileage Allowance 17 8 Disciplinary Action /Investigation 17 Now 9 Insurance 19 10 Leave of Absence 19 11 Injuries 22 12 Sick Leave 25 13 Vacation 27 14 Holidays and Personal Days 29 15 Bereavement Leave 31 16 Voting 31 17 Seniority, Layoffs and Recall 32 18 Promotions 34 err 19 Bulletin Board 35 20 Dues Deduction 36 FOP Union Contract 1998 1 21 FOP Representative 38 22 Employee - Management Committee 40 23 Internal Investigations and Obligations err to the Public 40 24 Grievance and Arbitration Procedure 43 25 Rules and Regulations 50 26 Pension Plan 51 27 Uniforms and Equipment 52 28 Education 54 29 Training 55 30 Wages 56 31 Probationary Personnel 57 32 Temporary Assignment to a Higher Classification 57 litor 33 Alcohol and Drug Policy 58 34 Severability Clause 62 35 Savings Clause 62 36 Entire Agreement 63 37 Notices 64 38 Duration of Agreement 65 r FOP Union ContraCt 2 vow FOP AGREEMENT This Agreement is entered into by the City of Edgewater, Florida, hereinafter referred to as the "City" and the Fraternal Order of Police, Florida State Lodge, hereinafter referred to as the "FOP" for the purpose of promoting harmonious relations between the City and the FOP, to establish an orderly and peaceful procedure, to settle differences which might arise and to set forth the basic and full Agreement between the parties concerning conditions of employment. The term "Designated City Representative ", hereinafter "DCR ", shall mean the City Manager or `fin' his appointed representative. The masculine gender shall include the feminine gender and the feminine shall include the masculine unless the context requires otherwise. '+fir FOP Union Contract 1998 October 6, 1998 3 ARTICLE 1 RECOGNITION r The City hereby recognizes the FOP as the exclusive bargaining representative for all full time Police Department Personnel in the following job titles: Animal Control Officer, Communications Supervisor, D.A.R.E. Officer, Detective Corporal, Detective Sergeant, Evidence and Property Custodian, Investigator, Patrol Corporal, Patrol Officer, Patrol Sergeant, Records Supervisor /Public Information Officer, Telecommunicator, Telecommunicator /C.D.O., Telecommunicator /Secretary, Telecommunicator /U.C.R., and Traffic Officer. This Agreement excludes the Police Chief, Administrative Lieutenant, Lieutenant - Operations and all other employees of the City of Edgewater. ARTICLE 2 EMPLOYEE NON - DISCRIMINATION RIGHTS The parties agree not to interfere with the right of any employee covered by this Agreement to become a member of the FOP. There shall be no discrimination against any employee covered by this Agreement by reason of race, creed, color, national origin, sex, FOP membership or activity or lack of FOP membership or `or activity. Nothing contained in this Agreement shall foreclose any FOP Union Contract 1998 October 6, 1998 4 employee covered by this Agreement from pursuing any right or remedy, including the grievance procedure, without representation of the FOP. Further, nothing contained in this Agreement shall low foreclose any employee from discussing a work related problem directly with his immediate supervisor or other departmental officials without the intervention of the FOP, provided that the immediate supervisor or other departmental officials agree to discuss and /or attempt to resolve the matter outside the formal grievance procedure. ARTICLE 3 MANAGEMENT RIGHTS 1. The FOP recognizes that it is the function of management to determine and direct the policies and mode and method of providing its services without any interference in the management and conduct of the City's operation on the part of the FOP or any of its representatives. 2. The City shall continue to exercise the exclusive right to take any action, not in conflict with provisions of this Agreement, it deems necessary or appropriate in the management of its operations and the direction of its work force. The City expressly reserves all rights, power and authority customarily N exercised by management, which the City has not expressly modified or deleted by express provisions of this Agreement. Nothing in FOP Union Contract 1998 October 6, 1998 5 this Agreement shall be construed to limit or impair the right of the City to exercise its own discretion in determining whom to employ, and nothing shall be interpreted as interfering in any way with the City's right to alter, rearrange, change, extend, limit or curtail its operation or any part thereof unless specifically addressed in this Agreement. Without limiting the provisions of Sections 1 and 2 hereof, but in order to clarify some of the more important unilateral rights retained by management, the City shall have the following unilateral management rights, unless such rights are specifically limited and in direct conflict with this Agreement. (a) To determine the size and composition of the work force, including the number and composition of Niue employees assigned to any particular operation, shift or turn consistent with safe practices as determined by the Police Chief. (b) To determine the number and type of equipment, vehicles, materials, and supplies to be used, operated, or distributed consistent with safe practices as determined by the Police Chief. (c) To hire, rehire, promote, lay off and recall employees except through pay or paid time off ,,, (d) To reprimand, discharge or otherwise discipline an employee for just cause and reasonable cause. FOP Union Contract 1998 6 e) To evaluate by written performance evaluations, maintain, and /or improve the efficiency of r employees. (f) To create, abolish, or change job classifications and to maintain job descriptions consistent with the job titles set forth in Article I. (g) To determine the assignment of work, and to schedule the hours and days to be worked on each job and each shift, unless contrary to a specific provision of this Agreement. (h) To discontinue, temporarily or permanently, in whole or part, its operations, and to transfer or assign all or any part of its operation to new Now facilities. (i) Consistent with the Americans with Disabilities Act, to require an employee, at the City's expense by a physician designated by the City, to take a physical examination on an annual basis or more frequently if the City has cause to believe there is a health problem. The employee, at his own expense, may obtain a second opinion by a physician of his choice. In case of conflict with the `fir, original medical examination, a third medical examination may be requested by the City at the FOP Union Contract 1998 7 City's expense by a physician designated by the City. The results of any examination shall be placed in a separate medical file. Noir (j) To test employees for the use of alcohol, illegal drugs and /or controlled substances when there is reasonable cause in accordance with Article 33. (k) Pursuant to the provisions of Article 25, to make or change rules, policies and practices. (1) To determine work schedules, work cycles, starting and quitting times and the number of hours and shifts to be worked, unless contrary to a specific provision of this Agreement. (m) To introduce new, different or improved methods, means and processes of conducting the operations, transportation, maintenance and service of the City. (n) In compliance with the promotional requirements established in Article 18, to determine the qualifications for positions in the City. (o) To determine the work to be performed during the employee's regular work day and require that all work be performed in a satisfactory and workmanlike manner. FOP Union Contract 1998 8 (p) To assign overtime work, unless contrary to a specific provision of this Agreement. The City reserves and retains in full and completely any and 'fir all management rights, prerogatives and privileges, except to the extent that such rights, prerogatives and privileges are specifically limited by some express provision of this Agreement. ... The City's failure to exercise any function or right hereby reserved to it, or its exercising any function or right in a particular way, shall not be deemed a waiver of this right to exercise such function or right, nor preclude the City from exercising the same in some other way not in conflict with the express provisions of this Agreement. The City, subject to Florida law, has the sole authority to `fir , determine its purpose and mission and the amount and allocation of the budget. If, in the sole discretion of the City, it is determined that civil emergency conditions exist, including but not limited to riots, civil disorders, hurricanes or other weather conditions or similar catastrophes, any or all noneconomic provisions of this Agreement may be suspended during the time of the declared emergency. It is agreed that it is not possible to enumerate every incidental duty connected with a particular position in a job description, and accordingly, at the discretion of the City FOP Union Contract 1998 9 employees may be required to perform duties not within their specific job descriptions which are consistent with the objectives and mission of the employee's particular department. low ARTICLE 4 STRIKES AND LOCKOUTS The FOP and bargaining unit members shall have no right to instigate, promote, sponsor, engage in or condone any illegal work stoppage, boycott, slow -down, strike, intentional disruption of City operations, or to withhold assigned services for any reason. Each employee who holds a position in the FOP also occupies a position of special trust and responsibility in maintaining and bringing about compliance with this Article, the strike prohibition of Section 447.505, Florida Statutes, and the Constitution of the State of Florida, Article I, Section 6. The FOP's elected or appointed officers, agents, stewards and other representatives agree that it is their continuing obligation and responsibility to promote compliance with this Article and the law, including their responsibility to abide by the provisions of this Article and the law by remaining at work during any ''•mw interruption which may be initiated by other City employees. In addition to the penalties set forth in Section 447.507, FOP Union Contract 1998 10 Florida Statutes, any and all employees who violate any provision of the law prohibiting strikes or this Article may be disciplined, Now up to and including discharge, by the City. The Circuit Courts of Florida shall have jurisdiction to enforce the provisions of this Article by injunction and contempt proceedings, if necessary. For the purpose of this Article, it is agreed that the FOP shall be responsible and liable for any act committed by any of their elected or appointed officers, agents, and /or representatives, which act constitutes a violation of Florida law, City ordinances, or policy, or the provisions herein related to this Article. In addition to all other rights and remedies available to the City under Florida law, in the event of a breach Now of the provision herein, the City shall have the right, without further notice, to suspend this Agreement. The City agrees that there will be no lockouts for the duration of this Agreement. Now FOP Union Contract 1998 11 • ARTICLE 5 PERSONNEL RECORDS N The City shall recognize only one official personnel file which shall be maintained by the Personnel Director in City Hall. Each employee .covered by this Agreement shall have the right to inspect his official personnel file, provided, however that such inspection shall take place at a reasonable time under the supervision of the records custodian. The employee shall have the right, at his own expense, to make duplicate copies of any item contained in his official personnel file. Employees covered by this Agreement shall have the right to file a written response to any document which is placed in the employee's official personnel file. Any such written response Nsw shall be included in the employee's official personnel file and attached to the original document. Documents placed in the official personnel file shall follow the chain of command. The City will require a written request from anyone but . the employee or supervisor prior to allowing review of any employee's official personnel file. The City will notify the employee when such a request has been filed. To the extent permitted by law and in order to protect the privacy and promote the safety of individual police officers, the City agrees not to directly or low indirectly furnish the news media or the public with the employee's home address, telephone number or photograph. FOP Union Contract 1998 12 ARTICLE 6 HOURS OF WORK AND OVERTIME Now The following provisions shall govern hours of work and overtime: A. Forty (40) hours or forty -two (42) hours for those assigned to twelve (12) hour shifts, shall constitute a normal work week for an employee covered by this Agreement. Nothing herein shall guarantee any employee payment for a forty (40) or forty -two (42) hour work week unless the employee actually works forty (40) or forty -two (42) hours, or his actual hours worked and his authorized compensated leave totals forty (40) hours or forty -two (42) hours. B. Non - exempt employees, shall be compensated at the rate of time and one -half the employee's regular straight time rate or compensatory time off at a rate of one and one -half hours for each hour worked in excess of forty (40) or forty -two (42) during a week, as determined upon agreement between the employee and Department Head prior to the hours being worked. Sick leave shall not be considered hours worked. C. If a non - exempt employee covered by this Agreement is called back to work outside his scheduled working hours, he shall receive a minimum of three (3) hours pay at the rate of time and N. one -half his regular straight time rate. This section shall not apply to work scheduled outside of regular working hours for which FOP Union Contract 1998 October 6, 1998 13 the employee has advance notice, but is intended to compensate employees who are unexpectedly called back to work. However, this section shall apply to required off duty appearances such as a subpoenaed witness in the Federal, Circuit, or County Courts on pending criminal, civil, or traffic cases where the employee is involved as a witness in his official capacity or as the arresting officer and /or investigating officer. D. No City official shall take action to cause the non- payment of time and one -half when the employee has performed work which entitles him to such payment. E. The Police Department will maintain a list of those non- exempt employees volunteering for overtime. Employees who volunteer shall be given first opportunity for available overtime. limmw If the overtime requirement cannot be filled from the overtime list, an assignment for overtime can be made. F. Employees shall be given seven (7) days notice of any permanent change in their regular hours of work. Except in emergency situations, the City will avoid scheduling an employee to work continuous shifts. If an employee is not notified seven (7) days in advance of a shift change, except in emergencies, he shall receive one and one -half times the straight time hourly rate for the next assigned shift. G. A shift work schedule will be posted showing the schedule for a period of three (3) months and will be posted at least thirty FOP Union Contract 1998 14 (30) days in advance of the expiration of the previous schedule. H. Department meetings will be held on officers duty time, 4ftwo if possible, for the purpose of conveying policy changes and operating procedures or the discussion of anything pertaining to the operation of the Edgewater Police Department. If meetings are held during a non - exempt officer's off -duty hours, she shall receive a minimum of two (2) hours pay at the rate of time and one half his regular straight time rate. I. At no time are reserve officers to be used to replace the duties or functions of regular full time officers or telecommunicators unless all other possibilities have been exhausted. Nor J. Each shift will have the appropriate staffing to provide safe working conditions for the public and on -duty personnel. K. Detectives shall be scheduled for duty based on forty (40) hours per week. New detectives placed on a stand -by call out schedule shall be granted a two (2) percent increase in their yearly base rate of pay. L. Members participating in the Platoon System shall include only Patrol Officers, Patrol Corporal, and Patrol Sergeants. Telecommunicators may participate in the Platoon System upon unanimous agreement. All positions participating in the Platoon System will work twelve (12) hour shifts in two teams. The hours of work for Team A will be 0600 hours to 1759 hours. The hours of FOP Union Contract 1998 15 work for Team B will be 1800 hours to 0559 hours. M. Employees participating in the Platoon System shall be paid weekly based on a forty -two (42) hour work week. The participants will work one hundred sixty -eight (168) hours in a twenty -eight (28) day cycle. All hours worked in excess of one hundred sixty -eight (168) during a twenty -eight (28) day cycle shall be compensated at the rate of time and one -half the employee's regular straight time rate. a `rr FOP Union Contract 1998 16 ARTICLE 7 MILEAGE ALLOWANCE , Any employee authorized to use his private automobile in the performance of his official City duties will be compensated at the rate authorized by the Current IRS rate. ARTICLE 8 DISCIPLINARY ACTION /INVESTIGATION No employee shall be discharged or disciplined except for just cause. In the event an employee is discharged, suspended, or demoted, the City will furnish the employee with written `rr notification of the discharge, suspension or demotion. This notification shall be hand delivered to the employee prior to its effective date or sent by certified mail, return receipt requested, to the employee at the address in the employee's official personnel file. Upon request, any employee may obtain a copy of any written and /or taped statement given to the City or Police Department in connection with any contemplated disciplinary action. Any employee under formal investigation shall have the right to be represented at his own expense by counsel or any other representative of his choice who shall be present at all times In . while the employee is being questioned relative to the alleged misconduct. Whenever any employee under investigation is subject FOP Union Contract 1998 17 to interrogation by the Department for any reason that could lead to disciplinary action, such interrogation shall be conducted ,, pursuant to Florida Statutes Chapter 112. Questions shall be limited to the circumstances surrounding the allegations which are the subject of the investigation. In the cases where the City chooses to relieve an employee from. duty pending an investigation or other administrative determination, the following shall apply: A. The employee may be suspended without pay for a maximum of ten (10) working days and shall be given written notification of the reason for the suspension. Upon written request of the employee, the Chief of Police may permit an employee to forfeit `,, vacation leave in lieu of a suspension without pay. Utilization of vacation leave not yet accrued shall not be authorized. B. At the end of the suspension period the employee shall either be reinstated, terminated, or disciplined. If no disciplinary action is taken the employee will be reinstated with all pay restored including the period of suspension. C. Should the disciplinary action include time off without pay, any period of suspension without pay pursuant to Paragraph A above shall be considered in the disciplinary action. Nisw FOP Union Contract 1998 18 ARTICLE 9 INSURANCE ° The City agrees to furnish Bargaining Unit members a medical, health, and dental, group insurance plan. The City agrees to pay the entire amount of the premium for the Bargaining Unit members and fifty (50%) percent of the premium for their dependents. -- The City shall provide life insurance coverage for all employees covered by this Agreement in an amount equivalent to one year's base salary rounded up to the next thousand dollars; however no employee's life insurance coverage shall be less than twenty thousand dollars ($20,000.00). Now ARTICLE 10 LEAVE OF ABSENCE The Police Chief may grant an employee a leave of absence with or without pay for a period not to exceed thirty (30) days. Leaves of absence with or without pay for a period in excess of thirty (30) days shall be approved by the DCR. For the purpose of this Article, the taking of a day off without pay shall not constitute a leave of absence without pay until an employee has accumulated five (5) days off without pay within any twelve (12) month period. Holidays, sick leave, vacation leave, and any other benefit based on time spent in the employ of the City shall not accrue FOP Union Contract 1998 19 during a leave of absence without pay. Any salary increases for which an employee would have become eligible based in whole, or in part, on length of service with the City shall not be credited during any period of leave of absence without pay. During a leave of absence without pay an employee shall be given the opportunity to continue existing insurance coverage pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 (hereinafter COBRA), and any amendments hereto. Holidays, sick leave, vacation leave, and any other benefit based on time spent in the employ of the City shall accrue during a leave of absence with pay until such time as the leave of absence with pay extends beyond sixty (60) working days. If the approved leave of absence with pay exceeds sixty (60) working days, sick Now leave and vacation leave shall not accrue during the period of leave of absence with pay exceeding sixty (60) working days. Any employee who is a member of the National Guard or an organized military or naval reserve unit of the United States will be allowed a maximum of twenty (20) days leave of absence with pay in any one annual period the employee is engaged in training ordered under the provisions of the United States military or naval training regulations. During such period of leave with pay the employee's benefits shall continue uninterrupted. Administrative NOW leaves of absence for additional or longer periods of time for assignment to duty functions of a military character shall be FOP Union Contract 1998 20 without pay unless the employee has a sufficient amount of accrued time and shall be granted by the City and when so granted shall be without loss of time or efficiency rating. Pursuant to the Family and Medical Leave Act of 1993, upon request, employees with at least twelve (12) months of service who have worked an average of more than twenty -four (24) hours per week over the preceding twelve (12) months (1,250 hours), will be granted leave without pay for up to a maximum of twelve (12) weeks in any twelve (12) month period for childbirth, adoption of a child, or a serious health condition of the employee or his /her immediate family member (spouse, parent, child). Employees with a sufficient amount of accrued time shall be eligible for a leave of r,, absence with pay. The City will determine the amount of leave available for an eligible employee by using a "rolling" twelve (12) month period measured backward from the date an employee uses any such leave. The procedure to be followed in requesting family and medical leave and any additional requirements shall be as set forth in the City's Personnel Policy and Procedure Manual, and as that document may from time to time be amended. FOP Union Contract 1998 21 ARTICLE 11 INJURIES ow Duty Related Injury An employee who is temporarily disabled in the line of duty shall receive paid disability leave and benefits for the period of his disability, subject, however, to compliance with all of the following conditions: A. The disability must have resulted from an injury or an illness directly related to or sustained in the performance of the employee's work. The City's determination as to whether the disability is work related shall be governed by the provisions of Chapter 440, Florida Statutes. B. The DCR, in his discretion, may utilize the services of a physician to determine whether an employee claiming a disability is physically and /or mentally able to continue working or to return to work. C. Paid disability leave shall not exceed ninety (90) working days, (one hundred thirty five (135) working days for those on Platoon System), for any one injury. If, as a direct result of the continuation of the disability involved, the employee is unable to return to work at the end of this time period, the employee may petition the DCR requesting that he be carried in full pay status beyond the established time period. If the DCR decides not to permit the employee to continue in full pay status beyond the FOP Union Contract 1998 22 established time period, the employee shall revert to normal Worker's Compensation Benefits. Imre D. As a condition precedent to obtaining paid disability leave, the employee must in writing assign his Worker's Compensation weekly benefits to the City for the period of the disability leave or any extension thereof. E. The City agrees that any employee injured on the job or who suffers a job related illness shall be paid for a full day if his treating physician advises that he could not or should not return to work. Now Non -Duty Related Injury In the event the DCR, in consultation with the Police Chief, determines that a non -duty related disability exists, the following shall apply: A. If the disability can be corrected, the DCR, in consultation with the Police Chief, may permit the employee to continue with his normal duties, reassign the employee to other duties with the Police Department, or temporarily remove the employee from City service. Should the employee be temporarily removed from City service during the period of time specified for Nur correction of his disability, the employee may utilize his sick leave, vacation leave or request a leave of absence without pay for FOP Union Contract 1998 23 the correction period. B. If the disability cannot be corrected, the DCR in consultation with the Police Chief, will attempt to place the low employee in another City position which in DCR's discretion, the employee can perform satisfactorily. Nothing herein shall require the DCR to create a position for the employee. If the DCR determines that the employee cannot be placed in another position, the employee chooses not to accept the position offered, or the DCR in consultation with the Department Head involved determines that the employee is not satisfactorily performing in the new position, then the employee shall be afforded an opportunity to resign thereby retaining any benefits to which he would otherwise be entitled. FOP Union Contract 1998 24 ARTICLE 12 SICK LEAVE Eolopr A. Sick leave will be earned at the rate of one (1) day for each month of service. These days shall accumulate up to a maximum of forty (40) days. After accumulating the forty (40) days maximum sick leave, the employee shall receive as additional pay the - .hours in excess of forty (40) days up to an additional full day's pay for each month thereafter that he does not use any sick leave. If, however, the employee uses any sick leave after accumulating the forty (40) days maximum sick leave, the employee must restore his accumulated sick leave to the maximum again before he shall be eligible for any additional pay. N B. Upon termination of employment, except for the commission of a criminal act as determined by the DCR, an employee is entitled to a lump sum payment for any unused portion of accrued sick leave. In the event of death, an employee's beneficiary shall be entitled to a lump sum payment for any unused portion of accrued sick leave. The payment shall be determined by using the rate of pay received by the employee at the time of termination. C. For those employees participating in the Platoon System a day will be considered to be twelve (12) hours. FOP Union Contract 1998 25 D. Personnel calling in sick will call in at least four (4) hours before going on shift, if possible. E. Employees may use their accrued sick leave for illness in the immediate family or donate it to any City employee who has an emergency or long term illness. Immediate family is defined as: spouse, parents, grandparents, children, grandchildren, brothers, sisters, stepchildren, and stepparents of either the employee or spouse. F. An employee who calls in without the prior approval of the Police Chief to report he will not be at work that day cannot charge it as a day of vacation unless he has no sick leave accumulated. loore Now FOP Union Contract 1998 26 ARTICLE 13 VACATION Employees covered by this Agreement shall be entitled to annual vacation leave with pay, based on the number of years of service with the City: Less than 1 year 0 work days 1 to 4 years 12 work days 5 to 10 years 18 work days 11 years 24 work days 12 years 25 work days 13 years 26 work days 14 years 27 work days 15 years 28 work days 16 years 29 work days 17 years 30 work days A. No employee shall be entitled to vacation leave without Now having first completed a full year's employment. Upon completion of one (1) year's employment with the City, an employee shall be credited with twelve (12) work days of vacation leave. Subsequent to the completion of one year's employment, the employee shall accrue vacation leave on a monthly basis. Every employee is to physically take at least one week off annually for vacation. limn FOP Union Contract 1998 27 B. Vacation leave accrued, but not used, within any given anniversary period may be carried over and accumulated. Employees 'ir► working twelve (12) hour shifts may accumulate vacation leave up to a maximum of seven hundred fifty (750) hours. Those employees working eight hour shifts may accumulate vacation leave up to a maximum of five hundred (500) hours. C. In lieu of taking vacation leave, vacation leave may be cashed in annually in an amount equal to one half of that accrued within the current anniversary period. The amount of compensation shall be determined by using the employee's hourly rate at the time the vacation leave is cashed in. D. Upon termination of employment, except for the commission of a criminal act as determined by the DCR, an employee is entitled to a lump sum payment for any unused portion of accrued vacation leave. The payment shall be determined by using the rate of pay received by the employee at the time of termination. E. For those employees participating in the Platoon System, a day will be considered to be twelve (12) hours. For all other employees covered by this Agreement, a day will be considered to be eight (8) hours. FOP Union Contract 1998 October 6, 1998 2 8 Now ARTICLE 14 HOLIDAYS AND PERSONAL DAYS The City will recognize the following as paid holidays: New Years Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Day Christmas Day A. If a holiday falls on a Saturday, the holiday will be observed on the Friday before the holiday. If the holiday falls on +ter►, a Sunday, the holiday will be observed on the Monday following the holiday. B. For those employees participating in the Platoon System, if the actual holiday falls on an employee's off duty day, he shall receive an additional day's compensation paid at his regular rate of pay. C. For those employee's participating in the Platoon System, if the actual holiday falls on an employees on duty day, he shall be compensated at the rate of time and one -half his regular rate of pay for all hours worked on the holiday in addition to his holiday Nair pay. FOP Union Contract 1998 October 6, 1998 29 D. In order to be eligible for holiday pay an employee must work both his last scheduled work day before the holiday and the first scheduled work day after the holiday unless the absence is due to compensated leave. E. Holiday pay shall not be withheld for any reason other than. being waived by the employee with the concurrence of the Chief of Police. In lieu of the holiday pay an employee shall be allowed a day off with pay. The day taken off in lieu of the holiday must be taken within thirty (30) calendar days. F. For those employees participating in the Platoon System, a day shall be considered to be twelve (12) hours. M oir Each employee shall be entitled to three (3) personal days with pay per year which must be taken within that year. Employees shall not receive pay in lieu thereof. Personal days shall be scheduled with the approval of the Police Chief. y FOP Union Contract 1998 October 6, 1998 30 r ARTICLE 15 BEREAVEMENT LEAVE ,, A. When a death occurs in the immediate family of an employee, that employee shall be granted up to three (3) days bereavement leave without loss of pay. Additional time may be taken by the employee as vacation leave, personal days, sick leave, a leave of absence without pay or a day off without pay. B. Immediate family shall mean: spouse, parents, grandparents, children, grandchildren, brothers, sisters, stepchildren, and stepparents of either the employee or spouse. If the employee was raised by someone other than one of the above named, he may request the leave in the event of the death of that Now individual. C. The City has the right to request a verification of the death. ARTICLE 16 VOTING During a primary, general, or special election, an employee who is registered to vote and whose hours of work do not allow ` sufficient time for voting shall be allowed necessary time off with pay for this purpose. FOP Union Contract 1998 October 6, 1998 31 `rr ARTICLE 17 SENIORITY, LAYOFFS AND RECALL A. The City agrees that seniority shall consist of continuous accumulated paid service with the City and shall be computed from the date of employment. Seniority shall accumulate during leaves of absence due to job related injury, illness, vacation, or paid leave of absence authorized by the DCR. Seniority shall be considered in the scheduling of vacations. The law Police Chief shall make the final decision as to how many employees may be on vacation at the same time. In the event of a vacancy in any division, unit, shift, or promotional vacancy, seniority will be given reasonable consideration, but will not be a determining factor. B. In the event of the need for a reduction in the work force employees shall be laid off in inverse order of seniority within their classifications. An employee affected by a lay off shall be entitled to "bump" into a lower classification if she is senior to the employee in the lower classification. FOP Union Contract 1998 October 6, 1998 32 C. Employees will be recalled in inverse order of lay off provided the employee has the qualifications to perform the job at the time of recall. The City further agrees that no new employees will be hired until all qualified employees who have been laid off for_less than twelve (12) months have been given an opportunity to return to work. Employees shall be notified of their recall by letter sent certified mail, return receipt requested, to the address in their official personnel file and shall be given fourteen (14) working days from receipt of the letter to return to work. 'err FOP Union Contract 1998 October 6, 1998 33 ARTICLE 18 PROMOTIONS �.. A. Whenever a budgeted promotional vacancy exists in a Corporal, Sergeant or a Lieutenant classification and an eligibility list exists, the City shall promote an employee to fill such vacancy within thirty (30) days. If no eligibility list exists at the time a budgeted promotional vacancy occurs, the City shall establish a new eligibility list within one hundred twenty (120) days of certification of the list by the Police Chief. The budgeted vacancy shall be filled from the new eligibility list. An eligibility list shall remain in effect for a period of one (1) year. Norge B. The City will announce promotional examinations at least forty -five (45) days in advance of said examinations. The City shall supply the study material from which the examination is drawn to all employees who are eligible to take the said examination. C. In order to be eligible to take the examination an employee must have a minimum of three (3) years experience as a law enforcement officer with at least the last twelve (12) months being with the City of Edgewater. Employees must have held grade /rank of the next lower position for at least twelve (12) months. A "law enforcement officer" is any individual who is certified by the New State of Florida Police Standards and Training Commission as a full -time police officer. FOP Union Contract 1998 October 6, 1998 34 D. Employees will be placed on an eligibility list resulting from a certified examination with the following components: *, 1 Written Test 40% 2 Oral Examinations 30% 3 Management Rating (Numerical Evaluation) 30% E. Members of the oral board will be appointed by mutual consent of the City and the FOP. F. The promotional probationary period shall be six (6) months. G. Any employee promoted shall receive a salary increase equivalent to the greater of the minimum salary for that classification or five (5) percent above his current salary. ARTICLE 19 BULLETIN BOARD Where City bulletin boards are available, the City agrees to provide space on such bulletin boards for FOP use. Where bulletin boards are not available, the City agrees to allow the FOP to place bulletin boards in locations within the Police Department mutually — acceptable to the Police Chief and the FOP. FOP Union Contract 1998 October 6, 1998 35 ARTICLE 20 Now DUES DEDUCTION Upon receipt of a written authorization from an employee covered by this Agreement, the City will deduct from the employee's pay-.each pay period the amount owed to the FOP for dues. No authorization shall be allowed for collection of fines, penalties or special assessments. The City shall remit monies collected to the Treasurer, or his or her designee, of the FOP monthly. The City remittance will be deemed correct if the FOP does not give written notice to the City within thirty (30) calendar days of a %or remittance of its belief that the remittance is incorrect. It shall be the responsibility of the FOP to notify the City Manager or his designee in writing of any change in the amount of dues to be deducted. The City shall have thirty (30) days from receipt of such notice to implement the change. The FOP shall indemnify the City and hold the City harmless against any and all suits, claims, demands and liabilities which arise out of or by reason of any action taken or not taken by the City for complying with any of the provisions of this Article. If there is an amount in excess of what is authorized by this ‘Iimp' Agreement, the employee affected shall seek recourse with the FOP and not the City. FOP Union Contract 1998 36 An employee may revoke his authorization for deduction of dues Now provided the employee gives thirty (30) days written notice to the City and the FOP. Upon receipt of such notification, the City shall terminate dues deduction on the pay period immediately following the expiration of the thirty (30) day notice period. No deduction shall be made from the pay of an employee for any pay period for which the employee's net earnings for that pay period are less than the amount of dues owed. Net earnings shall mean earnings after the required deductions for federal taxes, social security, pensions, credit unions, dental, health, and life insurance. The FOP shall pay to the City an annual fee to cover the City's administrative cost of dues deduction. The fee shall be determined by multiplying the number of employees authorizing a dues deduction as of October 1 each year by thirty -six cents ($.36). Such fee shall be remitted by the FOP to the City by October 31 of each year. Nay FOP Union Contract 1998 October 6, 1998 37 ARTICLE 21 FOP REPRESENTATIVE The FOP shall be represented by its President or his designee. "'fir It shall be the responsibility of the FOP to notify the City Manager in writing of any change in the designation of the President or his designee. A. The FOP employee representative or his designee shall be permitted to attend without loss of pay, if possible, the City Council meeting where final action is scheduled to be taken regarding this Agreement. B. When negotiating sessions are held during the regular work day the FOP employee representative, or his designee shall be permitted to attend without loss of pay. C. The authorized FOP representative and the FOP employee representative or his designee shall be permitted reasonable access for reasonable periods of time to Police Department work locations to handle specific grievances and matters of interpretation of this Agreement. The exercise of such access rights shall not interfere with the functioning of the work place. D. To the extent authorized by law, the City will provide the FOP on an annual basis with a complete roster of the bargaining unit including name, rank, and current pay rate. Noir FOP Union Contract 1998 38 E. The members of the bargaining unit shall have the right to contribute up to 12 hours of vacation or compensatory time to the FOP Time Pool twice a year (October and April). The Chief of Police or his designee shall have the discretion to grant or deny use of pool time if in his opinion the use of such time shall decrease or limit the conducting of department business. The use of the FOP Time Pool is subject to written approval by the FOP Bargaining Unit President /Chairman or his designee and the Chief of Police or his designee. The request of and use of the FOP Time Pool shall be made by the FOP Bargaining Unit President /Chairman or his designee and shall only be use for FOP business such as attending city meetings, the handling of grievances and the attending of FOP seminars and other State FOP meetings and w conferences. likow FOP Union Contract 1998 39 ARTICLE 22 EMPLOYEE - MANAGEMENT COMMITTEE There shall be an employee- management committee consisting of Now the City Manager and two members of the Bargaining Unit as determined by the Bargaining Unit members. The employee- management committee shall meet as needed on dates mutually agreeable to the participants. The sole function of the committee shall be to discuss general matters pertaining to employee relations and departmental operations. The committee shall not engage in collective bargaining or resolution of grievances. Employees attending committee meetings outside of scheduled working hours shall not be compensated for the time spent in such meetings. However, if the meetings are held during an employee's scheduled working hours, the employee shall be allowed to attend without loss of pay. An employee shall notify her supervisor of any meetings to be held during scheduled working hours. low FOP Union Contract 1998 40 ARTICLE 23 INTERNAL INVESTIGATIONS AND OBLIGATIONS TO THE PUBLIC The parties recognize that the security of the City and its citizens depends to a great extent upon the manner in which the employees covered by this Agreement perform their various duties. Further, the parties recognize that the performance of such duties involves those employees in all manner of contacts and relationships with the public and that out of such contacts and relationships, questions and complaints may be made concerning the actions of employees covered by this Agreement. Investigation of such questions and complaints must necessarily be conducted by, or Now under the direction of, departmental supervisory officials whose primary concern must be the security of the City and the preservation of the public interest. In order to maintain the security of the City and protect the interest of citizens, the parties agree that the City must have the unrestricted right to conduct investigations of citizens complaints and matters of internal security; provided, however, that any investigation /interrogation of any employee covered by this Agreement relative to a citizen's complaint and /or a matter of internal security shall be conducted under the following conditions: FOP Union Contract 1998 October 6, 1998 4.0 A. The interrogation shall be conducted at a reasonable hour, preferably at a time when the employee is on duty, unless the seriousness of the investigation is of such a degree that immediate action is required. B. The employee under investigation shall be informed of the nature of the investigation prior to the interrogation. C. The employee under investigation shall be informed of the rank, name, and command of the officer in charge of the investigation and the name of the interrogating officer and all persons present during the interrogation. All questions directed to the employee under interrogation shall be asked by and through one (1) interrogator at any one (1) time. D. Interrogation sessions shall be for reasonable periods of law time and shall be timed to allow for such rest periods as are reasonably necessary. All interrogations shall be held at the headquarters of the Edgewater Police Department if possible. Upon mutual agreement of the parties interrogations may be held in another location. E. Any employee under investigation shall have the right to be represented by counsel or any other representative of his choice, who shall be present at all times during such interrogation whenever the interrogation relates to the employee's continued _ _ fitness for law enforcement services. FOP Union Contract 1998 October 6, 1998 41 F. The formal interrogation of an employee, including all recess periods, shall be recorded, and there shall be no unrecorded questions or statements. G. If the employee under interrogation is under arrest or is likely to be placed under arrest as a result of the interrogation, he shall be completely informed of all of his rights prior to the commencement of the interrogation. H. No employee shall be ordered to submit to any device designed to measure the truth of his responses during questioning; provided, however, that there shall be no restriction on the right of the employee to submit to such device on a voluntary basis. I. During interrogation the employee shall not be subjected to offensive language or threats of transfer, dismissal or other Now disciplinary action. The interrogator does not have the right to make a promise of reward as an inducement to answering questions. J. During the interrogation questions shall be limited to the circumstances surrounding the allegations which are the subject of the investigation. K. Upon payment of the cost involved, an employee under investigation may obtain a copy of any written statement he has executed. L. Prior to making any public statement regarding any %ow investigation, the City will telephonically give the FOP notice of its intent to make such a statement. FOP Union Contract 1998 October 6, 1998 42 ARTICLE 24 err GRIEVANCE AND ARBITRATION PROCEDURE In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed and understood that the following procedure for the resolution of grievances between the parties shall be established and that such procedure shall cover grievances involving the application or interpretation of this Agreement. Either the FOP, any employee, or the City has a right to file a grievance. Every effort will be made by the parties to settle any grievance as expeditiously as possible. Should the grieving party fail to observe the time limits as set out in the steps of this Article, the grievance shall be considered conclusively abandoned. Any grievance not answered by the City or the FOP within the prescribed time limits shall automatically advance to the next higher step. The term "work day" as used in this Article shall mean only Monday through Friday of each week regardless of the grievant's work schedule. Saturdays, Sundays, and holidays shall not be considered work days even if the grievant is scheduled to work on that day. For the purpose of computing time, the day on which a grievance or reply is filed shall not be counted. Grievances shall be presented in the 'Or following manner: FOP Union Contract 1998 October 6, 1998 43 Step 1 In the case of a grievance initiated by an employee, the employee shall first take up his grievance with his immediate supervisor within ten (10) work days of the occurrence of the events which gave rise to the grievance or from the date on which the employee became knowledgeable of the cause of action. If the employee was on compensated leave during this time period, the ten (10) work day period shall commence upon the employee's return from such compensated leave. This first step shall be on an informal and oral basis and shall not involve the FOP or any other representative of the employee unless requested by the employee. Any time period may be extended with the consent of all parties. Step 2 Any grievance which cannot be satisfactorily resolved with the immediate supervisor shall be reduced to writing on the proper form, (See Exhibit A) by the employee and submitted to the Police Chief within five (5) work days of the day of completion of Step 1, either rr through a representative of the FOP and the employee or by the employee himself at the FOP Union Contract 1998 45 employee's option. The grievance shall be signed by either the employee, or the bargaining agent and shall state: (a) the date of the alleged event that gave rise to the grievance; (b) the specific Article(s) and Section of this Agreement allegedly violated; (c) statement of fact pertaining to or giving rise to the alleged grievance; and (d) the specific relief sought. The Police Chief shall discuss the grievance with the employee or the employee and the FOP at the employee's option and within five (5) work days render his low decision in writing. Any time period may be extended with the consent of all parties. Step 3 Any grievance which cannot be satisfactorily settled with the Police Chief shall be submitted in writing to the City Manager within five (5) work days after completion of Step 2. Within five (5) work days of receipt by the City Manager, the grievance shall be discussed by the City Manager with the employee or the employee and the FOP. The 'on. City Manager shall within five (5) work days after this discussion, render his decision in FOP Union Contract 1998 46 writing with a copy to the employee and the FOP. Any time period may be extended with the consent of all parties. Nifty Step 4 In the event the grievance cannot be resolved with the City Manager, either the employee, FOP, or the City may within fifteen (15) work days after the City Manager renders a written decision request that the grievance be submitted to arbitration. The arbitrator may be any impartial person mutually agreed upon by the parties. However, in the event the parties are unable to agree upon an impartial 11wr arbitrator within ten (10) work days after the grievance is submitted to arbitration, the parties shall jointly request the Federal Mediation and Conciliation Service to furnish a panel of seven (7) names from which each party shall have the option of striking three (3) names in alternating fashion, thus leaving the seventh who shall be the arbitrator. The party filing the grievance shall make the first strike. The City and FOP shall attempt to mutually agree in writing as to the statement of the grievance to be arbitrated prior to the FOP Union Contract 1998 47 arbitration hearing. The arbitrator shall confine his decision to the grievance thus specified. In the event the parties fail to agree on the statement of the grievance to be submitted to the arbitrator, the arbitrator will confine his consideration and determination to the written statement of the grievance presented in Step 2. The arbitrator shall fashion an appropriate remedy for any_violations of the provisions contained in this Agreement. The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is not a grievance as defined in this Agreement, nor shall this Agreement be construed by the arbitrator to supersede applicable laws in existence at the time of signing of this Agreement, except to the extent as specifically provided herein. The arbitration hearing shall be conducted in accordance with the Rules of Procedure promulgated by the Federal Mediation and Conciliation Service. Consistent with the provisions of Chapter 447, Florida Statutes, it is mutually acknowledged and agreed that this Agreement shall be administered within the amounts appropriated by the City Council for funding of this Agreement. Accordingly, and notwithstanding any other provision of this Agreement, the ,, arbitrator shall have no authority, power, or jurisdiction to construe any provision of law, statute, ordinance, resolution, rule FOP Union Contract 1998 48 or regulation or provision of this Agreement to result in, obligate, or cause the City to have to bear any expense, debt, cost, or liability which would result directly or indirectly in the City exceeding the amounts initially appropriated and approved by the City Council for the funding of this Agreement as agreed upon by the parties. Any such award which contravenes or is not in compliance with the provisions of this paragraph shall be null and void. Each party shall bear the expense of its own witnesses and of its own representatives for the purpose of the arbitration hearing. The impartial arbitrator's fee and related expenses, if any, shall be divided equally between the parties. Any party desiring a Now transcript must pay the cost unless both parties mutually agree to share the cost. Copies of the arbitrator's award shall be furnished to both parties within thirty (30) days of the close of the arbitration hearing. The arbitrator's award shall be final and binding on both parties unless an appeal is filed within forty -five (45) days in a court of competent jurisdiction of the rendition of the decision. Where a grievance is general in nature in that it applies to a number of employees rather than a single employee or the grievance is directly between the FOP and the City, such grievance shall be Aft, presented by the FOP in writing directly to the City Manager within ten (10) work days after the occurrence of the event. FOP Union Contract 1998 49 ARTICLE 25 RULES AND REGULATIONS The FOP shall be provided with one (1) copy of any rules, regulations, policies, or standard operating procedures which replace or add to the City's and /or the Police Department's present rules, regulations, policies, or procedures. -• Prior to implementing any change in rules, regulations, policies or standard operating procedures the FOP shall be provided with a copy of the proposed change and given an opportunity to submit written comments. Any written comments submitted by the FOP within ten (10) calendar days shall be considered by the City. Nothing herein shall be construed to restrict the City's right to - implement any such changes or revisions. Now FOP Union Contract 1998 50 ARTICLE 26 PENSION PLAN law The City shall provide a pension plan with all contributions to it paid by the City except the employee's contribution as required by Florida law. The pension plan shall be selected in accordance with Chapter 185, Florida Statutes, and with any additions agreed to by the City Council and the Police Pension Board. The City proposes to use the surplus state premium insurance funds to equalize the City's share and the employee's contributions to fund the Police Pension Plan. Once this is accomplished, all excess monies will be used to enhance pension benefits which will be negotiated by the bargaining unit. FOP Union Contract 51 ARTICLE 27 UNIFORMS AND EQUIPMENT *ow The City agrees to provide the following clothing to the Bargaining Unit members upon employment: A. Uniform trousers 5 pairs B. Uniform shirt (long sleeve) dress use only) C. Uniform shirts (short sleeve) 5 D. Uniform hat (Baseball cap)* 1 E. Shirt badge 1 F. Collar pin (set) 1 G. Winter Coat *(multi -use for sworn only) 1 H. Wind breaker (black) (for non -sworn only).1 ,. I. Full rain gear * 1 J. Bullet proof vest (body armor)* 1 K. Auto - loading hand gun with ammunition, and 3 magazines * 1 L. Duty rigs to include: Belt, holster, handcuff case and cartridge case * M. Handcuffs * 1 N. Uniform shoes *not required for telecommunicators The City further agrees to replace /repair issued clothing and *ow equipment damaged due to normal wear and tear or resulting from the performance of assigned duties. FOP Union Contract 1998 52 Personal property required in the line of duty which is damaged or destroyed during the performance of such duty shall be ,liur replaced by the City. All replacements must be approved by the Police Chief and will be furnished to the Bargaining Unit member within thirty (30) days of approval. Bargaining Unit members shall be required to maintain the clothing and equipment identified in this Article in an acceptable condition as prescribed by the Policy and Procedures Manual for the City of Edgewater Police Department. All assigned uniforms and equipment shall be returned to the City in the event of termination of employment. Sworn officers who are required to wear non -issue clothing in the course of their employment shall receive a clothing allowance lour of five hundred fifty ($550.00) dollars per year to be paid on October 1, 1998, five hundred sixty -five ($565.00) to be paid on October 1, 1999, and five hundred eighty ($580.00) to be paid on October 1, 2000. The City shall be responsible for the cleaning of the uniforms /clothing issued to the employees. 'rrr• FOP Union Contract 1998 53 ARTICLE 28 EDUCATION The City agrees to post notices of any forthcoming Nor courses and seminars that are directly related to Police Department employees. Each employee will be allowed ample time and opportunity to evaluate and prepare for attendance. A. Employees will notify the Police Chief through proper channels of a desire to attend such courses. The Chief, in turn, may arrange scheduling of shifts so as to allow an employee to attend. B. Attendance shall be determined by the Police Chief after considering the needs of the department and the seniority of employees. C. All costs will be paid by the City, at the state rate including transportation and appropriate time off. D. Any employee covered hereunder may be given educational leave for the purpose of taking courses or attending conferences and /or seminars directly related to the employee's work as determined and approved by the Police Chief and the DCR. An employee granted educational leave with full pay shall be entitled to receive all City benefits in the same manner as if he were on active duty during the period of the leave, excluding overtime provisions. Entitlement to benefits for employees on partially low compensated or uncompensated educational leave shall be determined by the Police Chief and the DCR. FOP Union Contract. 139P ARTICLE 29 TRAINING __ All sworn officers will be required to train and qualify with their firearms on a semi - annual basis. The training will be conducted by a certified firearms instructor. All ammunition used for this purpose will be furnished by the City. Any employee required to attend such training during his off duty hours shall be compensated in accordance with Article 7, Hours of Work and Overtime. The City agrees to make every effort to promote classroom type and /or on- the -job training for the purpose of improving the performance of employees, aiding employees to equip themselves for `„ advancement to higher positions and greater responsibilities, and improving the quality of service rendered to the public. When the City requires an employee to attend supervisory training and /or training in specialized police techniques, the City will make every reasonable effort to schedule such training during the employee's normal working hours. In the event the City is unable to schedule the employee to attend such training during his normal working hours, the time spent by the employee in such training during his off duty hours shall be compensated in accordance with Article 7, Hours of Work and Overtime. wn► Employees promoted to a higher rank will receive appropriate training during the probationary period. FOP Union Contract 1998 55 This Article shall not apply to any training required by the Florida Police Standards Board to obtain Police Officer Nome Certifications for the purpose of employment with the Department or for the purpose of re- certification. Salary incentive courses may be taken during on -duty time as staffing allows. ARTICLE 30 WAGES Now For fiscal year 1998 - 1999, the employees shall receive a 3.5% increase 1999 - 2000, the employees shall receive a 4% increase to their individual hourly rates, effective the first full pay week in the month of October, 1999 and a 1% increase to their individual hourly rates, effective the first full pay week in the month of April, 2000. Annual employee appraisals shall be prepared on each employees' individual anniversary date. Nifty FOP Union Contract 56 ARTICLE 31 PROBATIONARY PERSONNEL All new employees shall serve a probationary period of cix (6) months. one (1) year. If an employee is injured on the job the Police Chief may extend the probationary period up to an additional six (6) months, with proper notice to affected employee. Upon satisfactory completion of the probationary period, the employee shall be deemed a regular employee; provided that the Police Chief provides the employee with written notice of such extension. ARTICLE 32 TEMPORARY ASSIGNMENT TO A HIGHER CLASSIFICATION In the event that the Police Chief determines that there is a need to temporarily fill a regularly budgeted vacant position with an employee from a lower classification, and there exists no current eligibility list relative to the budgeted position, with the approval of the DCR, the Police Chief may select an employee from a lower classification to temporarily fill such budgeted position. If the employee selected for the temporary position is not selected for the regular position, this employee shall be '4•1111' returned to the previous classification and pay rate. FOP Union Contract 57 An employee who is temporarily assigned to a position of higher rank for fifteen (15) calendar days or more shall be ``.r compensated at a rate equivalent to the greater of the minimum salary for that classification of five (5) percent above his current salary from the first day of assignment. An employee who is serving as a field training officer shall receive a five (5) percent increase above his existing rate of pay for each full shift in which he serves in that capacity. 4100w ARTICLE 33 ALCOHOL AND DRUG POLICY A. The City and the FOP recognize that drug and alcohol abuse is a growing problem within our nation's work force. The parties also recognize the tremendous cost, both in terms of efficiency and in human suffering, which drug and alcohol abuse may cause. Substance and alcohol abuse by employees of the City may have an adverse impact on City government, operations, and the health, welfare, and safety of City employees and the general public. Acknowledging the necessity for action, the following v Alcohol and Drug Testing Program is hereby initiated for all employees. FOP Union Contract 58 B. The City prohibits all employees from: 1. Selling any drug, including alcohol or prescription drugs, whether on or off -duty, unless the employee `'rlr+ is legally entitled to sell the substances in question. 2. Except in the line of duty, possessing any alcoholic beverage or unlawful drug while on -duty or on City property at any time. 3. Using any controlled substance not prescribed for the employee by a physician or alcoholic beverage which may adversely affect job performance. This may include both use while on -duty and use while off -duty which can adversely affect on -duty performance. 4. Reporting to work with the presence of illegal drugs or alcohol in the body system which is equal to or exceeds the cutoff detection levels established pursuant to Chapter 440, Florida Statutes. C. The DCR and the Police Chief shall have the authority to require employees to submit to testing designed to detect the presence of any controlled substance, narcotic drug, or alcohol. * , When an employee is required to submit to toxicology and /or alcohol testing it shall be limited to those circumstances which indicate FOP Union Contract 59 that reasonable cause exists that the employee is under the influence of such substances, suffers from substance or alcohol abuse, or is in violation of City personnel rules regarding the use or possession of such substances. D. In the event the City requests that an employee submit to testing and the employee chooses not to submit to such tests, this refusal shall be grounds for appropriate disciplinary action. E. An employee who must use a prescription drug which the employee has been advised will or which the employee may reasonably expect to cause adverse side effects such as, drowsiness, impaired reflexes, or reaction time shall inform the Police Chief that he is taking such medication on the advice of a physician and of the possible side effects of the drug and expected duration of use. Nary F. In the event the City requests that an employee submit to drug or alcohol tests, the cost of such test shall be paid by the City. G. Direct involvement in an accident by an employee while on duty may, in the discretion of the Police Chief or supervisor, be considered reasonable cause to require the employee to take drug or alcohol tests. H. Employees required to take regularly scheduled physical examinations may have included as part of the examination a test %y for alcohol or drugs. FOP Union Contract 60 I. Employees with job performance or attendance problems shall bear the primary responsibility to seek diagnostic and appropriate treatment for such problems. In the event an employee seeks assistance and treatment for an alcohol or drug- related problem, the following shall apply. An employee may be granted a one -time leave of absence without pay, not to exceed sixty (60) days, to undergo treatment for alcohol or substance abuse pursuant to an approved treatment program. No employee benefits shall accrue during this period. The request must be voluntarily made in writing prior to the institution of disciplinary measures for alcohol or substance abuse. J. The result of any drug or alcohol test shall be considered a medical report and shall be deemed confidential pursuant to Florida law. K. Decisions of an arbitrator under this Article shall be limited to a determination of whether there existed reasonable cause to activate the provisions of this Article. If this issue is determined in the employee's favor, he shall be reinstated. L. The circumstances constituting reasonable cause shall be set forth in writing and signed by the person initiating the allegation before the provisions of this Article shall apply. FOP Union Contract 61 ARTICLE 34 SEVERABILITY CLAUSE ,,. Should any provision of this collective bargaining agreement or any part thereof be rendered or declared invalid by reason of any existing or subsequently enacted state or federal legislation or by a decree of a court of competent jurisdiction, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. The parties agree that they shall meet within thirty (30) days of the date when the contract provision was determined invalid, in order to negotiate a replacement provision. ARTICLE 35 SAVINGS CLAUSE The Agreement will not deprive any employee of any benefits or protection granted by the laws of the State of Florida, the ordinances of the City of Edgewater, the personnel rules and regulations of Edgewater or its Police Department Rules and Regulations. FOP Union Contract 62 Nair ARTICLE 36 ENTIRE AGREEMENT The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous Now communications, representations, or agreements, either verbal or written between the parties hereto. FOP Union Contract 63 ARTICLE 37 Nay NOTICES All notices or other communications required or permitted under this Agreement shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail, return receipt requested, and addressed as follows: If to City: With a Copy to: City Manager City Attorney City of Edgewater City of Edgewater P. 0. Box 100 P. O. Box 100 Edgewater, FL 32132 -0100 Edgewater, FL 32132 -0100 N If to FOP: With a Copy to: Paul Fafeita FOP Employee Representative Fraternal Order of Police c/o Edgewater Police Dept. 955 82nd Avenue City of Edgewater Vero Beach, FL 32966 P. 0. Box 100 Edgewater, FL 32132 -0100 Now FOP Union Contract 64 '•r.r ARTICLE 38 DURATION OF AGREEMENT This Agreement shall be effective from October 1, 1998, the date this Agreement is signed through September 30, 2001. Either party may give notice to the other party of their intention to open negotiations on wages and one article during each fiscal year. Upon mutual consent anytime during the term of this Agreement, the parties may agree to reconsider any provision of this Agreement. Such consent shall not be unreasonably withheld by either party. Now IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below. ATTEST: City Council of the Fraternal Order of Police City of Edgewater, Florida Florida State Lodge By: By: Susan Wadsworth,City Clerk Paul Fafeita Staff Representative Randy Allman, Mayor Dated: Dated: Approved for Form and Correctness: Nikki Clayton, City Attorney FOP Union Contract 65 PEA AGREEMENT TABLE OF CONTENTS ARTICLE SUBJECT PAGE Preamble 3 1 Recognition 3 2 Management Rights 4 3 Employee Rights 8 4 Strikes and Lockouts 8 5 Grievance and Arbitration Procedure 10 6 Dues Deduction 14 7 Employee- Management Committee 15 8 Probationary Personnel 16 9 PEA Representatives 16 10 Personnel Records 17 11 Temporary Assignment to a Higher Classification 17 12 Promotions 18 13 Training 19 14 Seniority, Layoffs, and Recall 19 15 Disciplinary Action/Investigation 21 Noir 16 Bulletin Boards 22 17 Voting 23 PEA Union Contract September 14, 1998 1 18 Legal Benefits 23 19 Code of Conduct and Job Classification 23 ' 411w 20 Leave of Absence 24 21 Hours of Work and Overtime 26 22 Holidays and Personal Days 28 23 Sick Leave 29 24 Vacation 30 25 Bereavement Leave 31 26 Uniform, Clothing and Equipment 32 27 Insurance 34 28 Injuries 34 29 Per -Diem 36 30 Education 36 31 Pension Plan 37 32 Wages 39 33 Alcohol and Drug Policy 39 34 Severability Clause 42 35 Savings Clause 42 36 Entire Agreement 42 37 Notices 43 rr► 38 Duration of Agreement 44 PEA Union Contract September 14, 1998 2 1 PEA AGREEMENT PREAMBLE r "" This Agreement is entered into by the City of Edgewater, hereinafter referred to as the "City" and the Volusia County Public Employees Association, Inc., hereinafter referred to as the "PEA" for the purpose of promoting harmonious relations between the City and the PEA, to establish an orderly and peaceful procedure, to settle differences which might arise and to set forth the basic and full Agreement between the parties concerning conditions of employment. The term "Designated City Representative" hereinafter "DCR" shall mean the City Manager or his appointed representative. The masculine gender shall include the feminine gender and the feminine shall include the masculine unless the context requires otherwise. 11111111, ARTICLE 1 RECOGNITION The City hereby recognizes the PEA as the exclusive bargaining representative for all matters affecting wages, hours, and working conditions for those employees in the unit certified by the Public Employees Relations Commission in its Certification No. 579. All employees covered by the unit certified by the Public Employees Relations Commission will be entitled to the terms and benefits of this Agreement in accordance with Chapter 447 of the Florida Statutes. lay PEA Union Contract September 14, 1998 3 ARTICLE 2 MANAGEMENT RIGHTS ow 1. The PEA recognizes that it is the function of management to determine and direct the policies and mode and method of providing its services without any interference in the management and conduct of the City's operation on the part of the PEA or any of its representatives. 2. The City shall continue to exercise the exclusive right to take any action not in conflict with provisions of this Agreement which it deems necessary or appropriate in the management of its operations and the direction of its work force. The City expressly reserves all rights, power and authority customarily exercised by management, which the City has not expressly modified or delegated by express provisions of this Agreement. Nothing in this Agreement shall be construed to limit or impair the right of the City to exercise its own discretion in determining whom to employ, and N "'' nothing shall be interpreted as interfering in any way with the City's right to alter, rearrange, change, extend, limit or curtail its operation or any part thereof unless specifically addressed in this Agreement. Without limiting the provisions of Sections 1 and 2 hereof, but in order to.clarify some of the more important unilateral rights retained by management, the City shall have the following unilateral management rights, unless such rights are specifically limited and in direct conflict with this Agreement. (a) To determine the size and composition of the work force, including the number and composition of employees assigned to any particular operation, shift or turn consistent with safe practices as determined by the City Manager. Nay (b) To determine the number and type of equipment, vehicles, materials, and PEA Union Contract September 14, 1998 4 e supplies to be used, operated, or distributed consistent with safe practices as determined by the City Manager. (c) To hire, rehire, promote, lay off and recall employees. (d) To recognize, reprimand, discharge or otherwise discipline an employee for just cause and reasonable cause. (e) To evaluate including by written performance evaluations, maintain, and/or improve the efficiency of employees. (f) To create, abolish, or change job classifications and to determine job descriptions consistent with the job titles referenced in Article I and minimum classifications, and amount and type of work to be performed. (g) To determine the assignment of work, and to schedule the hours and days to be worked on each job and each shift unless contrary to a specific provision of this Agreement. (h) To discontinue, temporarily or permanently, in whole or part, its operations, and to transfer or assign all or any part of its operation to new facilities. (i) Consistent with the Americans with Disabilities Act, to require an employee, at the City's expense by a physician designated by the City, to take a physical examination on an annual basis or more frequently if the City has cause to believe there is a health problem. The employee, at his own expense, may obtain a second opinion by a physician of his choice. In case of conflict with the original medical examination, a third medical examination may be PEA Union Contract September 14, 1998 5 4 requested by the City at the City's expense by a physician designated by the City. The results of any examinations shall be placed in a separate medical `- file. (j) To test employees for the use of alcohol, illegal drugs and /or controlled substances when there is reasonable cause in accordance with Article 33. (k) To determine the location, method, means, and personnel by which operations are to be conducted, including the right to contract and sub - contract existing and future work. (1) Pursuant to the provisions of Article 19, to make or change rules, policies and practices. (m) To determine work schedules, work cycles, starting and quitting times and the Now number of hours and shifts to be worked unless contrary to a specific provision of this Agreement. (n) To introduce new, different or improved methods, means and processes of conducting the operations, transportation, maintenance and service of the City. (o) To determine the qualifications for positions in the City. (p) To determine the work to be performed during the employee's regular work day and require that all work be performed in a satisfactory and workman -like manner. *ow (q) To assign overtime work in accordance with provisions of this Agreement. PEA Union Contract September 14, 1998 6 The City reserves and retains in full and completely any and all management rights, prerogatives and privileges except to the extent that such rights, prerogatives and privileges are specifically limited by some express provision of this Agreement. The City's failure to exercise any function or right hereby reserved to it, or its exercising any function or right in a particular way, shall not be deemed a waiver of this right to exercise such function or right, nor preclude the City from exercising the same in some other way not in conflict with the express provisions of this Agreement. The City, subject to Florida law, has the sole authority to determine its purpose and mission and the amount and allocation of the budget. If, in the sole discretion of the City, it is determined that civil emergency conditions exist, including but not limited to riots, civil disorders, hurricanes or other weather conditions or similar "40" catastrophes, the noneconomic provisions of this Agreement may be suspended during the time of the declared emergency. It is agreed that it is not possible to enumerate every incidental duty connected with a particular position in a job description and accordingly at the discretion of the City, employees may be required to perform duties not within their specific job descriptions which are consistent with the objectives and mission of the employee's particular department. 'err PEA Union Contract September 14, 1998 7 ARTICLE 3 EMPLOYEE RIGHTS Now The City and the PEA agree not to interfere with the right of any eligible employee to become a member of the PEA, withdraw from membership in the PEA, or refrain from becoming a member of the PEA. There shall be no discrimination against any employee by reason of race, creed, color, age, national origin, sex, or PEA membership or activity, or lack of PEA membership or activity. Nothing contained in this Agreement shall foreclose any employee covered by this Agreement from pursuing any right or remedy, including the grievance procedure with or without representation of the PEA. Further, nothing contained in this Agreement shall foreclose any employee from discussing a work related problem directly with his immediate supervisor, and then thereafter, other departmental officials without the intervention of the PEA, provided that the immediate supervisor %ay or other departmental officials agree to discuss and /or attempt to resolve the matter outside the formal grievance procedure. In matters involving a formal grievance, the PEA shall be given the opportunity to be present at any meeting called for the resolution of such grievance except as noted in Article 5. ARTICLE 4 STRIKES AND LOCKOUTS The PEA and bargaining unit members shall have no right to instigate, promote, sponsor, engage in or condone any illegal work stoppage, boycott, slow -down, strike, intentional disruption Now- of City operations, or to withhold assigned services for any reason. Each employee who holds a PEA Union Contract September 14, 1998 8 position in the PEA also occupies a position of special trust and responsibility in maintaining and bringing about compliance with this Article, the strike prohibition of Section 447.505, Florida ' Statutes, and the Constitution of the State of Florida, Article I, Section 6. The PEA's elected or appointed officers, agents, stewards and other representatives agree that it is their continuing obligation and responsibility to promote compliance with this Article and the law, including their responsibility to abide by the provisions of this Article and the law by remaining at work during any interruption which may be initiated by other City employees. In addition to the penalties set forth in Section 447.507, Florida Statutes, any and all employees who violate any provision of the law prohibiting strikes or this Article may be disciplined, up to and including discharge by the City. The Circuit Courts of Florida shall have jurisdiction to enforce the provisions of this Article so w by injunction and contempt proceedings, if necessary. For the purpose of this Article, it is agreed that the PEA shall be responsible and liable for any act committed by any of their elected or appointed officers, agents, and/or representatives, which act constitutes a violation of Florida law, City ordinance, policy, or the provisions herein related to this Article. In addition to all other rights and remedies available to the City under Florida law, in the event of a breach of the provisions herein, the City shall have the right, without further notice, to suspend this Agreement. The City agrees that there will be no lockouts for the duration of this Agreement. Now PEA Union Contract September 14, 1998 9 ARTICLE 5 GRIEVANCE AND ARBITRATION PROCEDURE '" In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed and understood that the following procedure for the resolution of grievances between the parties shall be established and that such procedure shall cover grievances involving the application or interpretation of this Agreement. Either the PEA, an employee or the City has the right to file a grievance. Every effort will be made by the parties to settle any grievance as expeditiously as possible. Should the grieving party fail to observe the time limits as set out in the steps of this Article, his grievance shall be considered conclusively abandoned. Any grievance not answered by the City or the PEA within the prescribed time limits shall automatically advance to the next higher step. The term "working day" as used in this Article shall mean only Monday through Friday of each ' week regardless of the grievant's work schedule. Saturdays, Sundays, and holidays shall not be considered working days even if the grievant is scheduled to work on that day. For the purpose of computing time, the day on which a grievance or reply is filed shall not be counted. Grievances shall be presented in the following manner: Step 1 In the case of a grievance initiated by an employee, the employee shall first discuss his grievance with his immediate supervisor within five (5) working days of the occurrence of the event(s) which gave rise to the grievance or from the date on which the employee becomes knowledgeable of the cause of action. If the employee was on • compensated leave, the five (5) working day period shall commence running N" immediately upon the employee's return from such compensated leave. This first step PEA Union Contract September 14, 1998 10 • between the employee and his immediate supervisor shall be on an informal and oral basis and shall not involve the PEA or any other representative of the employee, Now unless requested by the employee. Any time period may be extended with the consent of all parties. Step 2 Any grievance which cannot be satisfactorily resolved with the immediate supervisor shall be reduced to writing by the employee and submitted to the Department Head within five (5) working days of completion of Step 1. The Department Head shall, within five (5) working days after presentation of the grievance, render his decision in writing. Any time period may be extended with the consent of all parties. Step 3 Any grievance which cannot be satisfactorily resolved with the Department Head shall be submitted in writing to the City Manager within five (5) working days of the ` completion of Step 2, by the PEA or by the employee himself at the employee's option. The grievance shall be discussed with the employee or the employee and the PEA by the City Manager within five (5) working days of receipt of the grievance by the City Manager. The City Manager shall within five (5) working days after this discussion render his decision in writing with a copy to the employee and PEA. Any time period may be extended with the consent of all parties. Step 4 In the event a grievance cannot be satisfactorily resolved with the City Manager either the PEA, employee or the City within fifteen (15) working days after the City Manager renders a written decision may request that the grievance be submitted to loamy arbitration. The arbitrator may be any impartial person mutually agreed upon by the PEA Union Contract September 14, 1998 11 parties. If an impartial arbitrator cannot be agreed upon within ten (10) working days after the grievance is submitted to arbitration, the parties shall jointly request the %or Federal Mediation and Conciliation Service to furnish a panel of seven (7) names. Each party shall have the option within five (5) working days of receipt of the list of striking three (3) names in alternating fashion, thus leaving the seventh as the neutral or impartial arbitrator. The party filing the grievance shall make the first strike. The City and the PEA shall attempt to mutually agree in writing as to the statement of the grievance to be arbitrated prior to the arbitration hearing. The arbitrator shall confine his decision to the grievance thus specified. In the event the parties fail to agree on the statement of the grievance to be submitted to the arbitrator, the arbitrator will confine his consideration and determination to the written statement of the grievance presented in Step 2 or 3. The arbitrator shall fashion an `tow appropriate remedy for violations of the provisions contained in this Agreement. The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is not a grievance as defined in this Agreement nor shall this Agreement be construed by the arbitrator to supersede applicable laws in existence at the time of signing of this Agreement, except to the extent as herein provided. The arbitration hearing shall be conducted in accordance with the Rules of Procedure promulgated by the Federal Mediation and Conciliation Service. Each party shall bear the expense of its own witnesses and of its own representatives for the N ow arbitration hearing. The impartial arbitrator's fees and related expenses, if any, shall be equally PEA Union Contract September 14, 1998 12 divided between the parties. Any party desiring a transcript of this hearing shall bear the cost of such transcript unless both parties mutually agree to share said cost. """'' Copies of the arbitrator's award shall be furnished to both parties within thirty (30) days of the close of the arbitration hearing. The arbitrator's award shall be final and binding on the parties unless an appeal is filed within forty -five (45) calendar days of the rendition of the decision. Where a grievance is general in nature in that it applies to a number of employees rather than a single employee or the grievance is directly between the PEA and the City, such grievance shall be presented by the PEA in writing directly to the City Manager within ten (10) working days of the occurrence of the event(s). Consistent with the provisions of Chapter 447, Florida Statutes, unless amended, it is mutually acknowledged and agreed that this Agreement shall be administered within the amounts agreed to by %kw the City Council for funding of this Agreement. Accordingly, and notwithstanding any other provisions of this Agreement, the arbitrator shall have no authority, power or jurisdiction to construe any provision of law, statute, ordinance, resolution, rule, regulation or provision of this Agreement to result in, obligate or cause the City to have to bear any expense, debt, or cost of liability which would result, directly or indirectly, in the City exceeding the amounts initially agreed to by the City Council for the funding of this Agreement as agreed upon by the parties. Any such award which contravenes or is not in compliance with the provisions of this paragraph shall be null and void. PEA Union Contract September 14, 1998 13 ARTICLE 6 DUES DEDUCTION N ow Upon receipt of a written authorization from an employee covered by this Agreement, the City will deduct from the employee's pay each pay period the amount owed to the PEA for dues. No authorization shall be allowed for collection of fines, penalties or special assessments. The City shall remit monies collected to the Treasurer of the PEA monthly. The City remittance will be deemed correct if the PEA does not give written notice to the City within thirty (30) calendar days of a remittance of its belief that the remittance is incorrect. It shall be the responsibility of the PEA to notify the City Manager or his designee in writing of any change in the amount of dues to be deducted. The City shall have thirty (30) days from the receipt of such notice to implement the change. """' If there is an amount deducted in excess of what is authorized by this Agreement and forwarded to the PEA, the employee affected shall seek recourse with the PEA and not the City. The PEA will indemnify, defend, and hold the City harmless for all claims against the City on account of payroll deduction of PEA dues. An employee may revoke his authorization for deduction of dues provided the employee gives thirty (30) days written notice to the City and the PEA. Upon receipt of such notification, the City shall terminate dues on the pay period immediately following the expiration of the thirty (30) day notice period. No deduction shall be made from the pay of an employee for any pay period in which the Nifty employee's net earnings for that pay period are less than the amount of dues owed. Net earnings shall PEA Union Contract September 14, 1998 14 mean earnings after the required deductions for federal taxes, social security, pensions, credit unions, and health and life insurance. `` The PEA shall pay to the City an annual fee to cover the City's administrative cost of dues deduction. The fee shall be determined by multiplying the number of employees authorizing a dues deduction as of October 1 of each year by thirty -six cents ($.36). Such fee shall be remitted by the PEA to the City by October 31 of each year. ARTICLE 7 EMPLOYEE - MANAGEMENT COMMITTEE There shall be an employee- management committee consisting of the City Manager and two members of the Bargaining Unit selected by the Bargaining Unit members. The employee- ""''' management committee shall meet as needed on dates mutually agreeable to the participants. The sole function of the committee shall be to discuss general matters pertaining to employee relations and departmental operations. The committee shall not engage in collective bargaining or the resolution of grievances. Employees attending committee meetings outside of normal working hours shall not be compensated for the time spent in such meetings. However, if the meetings are held during an employee's regular work day, the employees shall be allowed to attend without loss of pay. The employee shall notify her Department Head of any meetings scheduled during the regular work day. PEA Union Contract September 14, 1998 15 ARTICLE 8 PROBATIONARY PERSONNEL All new employees shall serve a probationary period of six (6) months. During such probationary period the terms and conditions of this agreement shall apply. Upon satisfactory completion of the probationary period the employee shall be deemed a regular employee. ARTICLE 9 PEA REPRESENTATIVES The PEA shall be represented by its President or his designee. It shall be the responsibility of the PEA to notify the City Manager, in writing, of any change in the designation of the President or his designee. """"' A. When negotiating sessions are held during the regular work day, the PEA employee representative shall be permitted to attend without loss of pay. B. The authorized PEA representative and the PEA employee representative shall be permitted reasonable access for reasonable periods of time to department work locations to handle specific grievances and matters of interpretation of the Agreement. The exercise of such access rights shall not interfere with the functioning of the work place. C. The City will provide the PEA on an annual basis with a complete roster of the bargaining unit including name, job classification and current pay rate. D. The employee representative shall notify his Department Head of any negotiating Nor session held during the regular work day. PEA Union Contract September 14, 1998 16 session held during the regular work day. lor ARTICLE 10 PERSONNEL RECORDS The City shall recognize only one official personnel file which shall be maintained by the personnel department in City Hall. Each employee covered by this Agreement shall have the right to inspect his official personnel file, provided, however, that such inspection shall take place at a reasonable time, under the supervision of the records custodian. The employee shall have the right, at his own expense, to make duplicate copies of any item contained in his official personnel file. Employees covered by this Agreement shall have the right to file a written response to any document which is placed in the employee's official personnel file. Any such written response shall be included in the employee's official personnel file and attached to the original document. The City will require a written request from anyone but the employee or supervisor prior to allowing review of an employee's official personnel file. The City will notify the employee when such a request has been filed. ARTICLE 11 TEMPORARY ASSIGNMENT TO A HIGHER CLASSIFICATION In the event a Department Head determines that there is a need to temporarily fill a regularly budgeted vacant position with an employee from a lower classification, with the approval of the DCR, the Department Head may select an employee from a lower classification to temporarily fill such PEA Union Contract September 14, 1998 17 budgeted position. If the employee selected for the temporary position is not selected for the regular position, this employee shall be returned to the previous classification and pay rate. 'ow An employee who is temporarily assigned to a position of higher rank for five (5) working days or more, shall be compensated at a rate equivalent to the greater of the minimum salary for that classification or five (5) percent above his current salary from the first day of assignment. Temporary assignments shall not include requests from supervisors for temporary standby assistance or assistance due to additional workload during vacation periods. ARTICLE 12 PROMOTIONS When a promotional vacancy exists and in the opinion of the City skill, ability and qualifications are equal, the promotion shall be offered to the employee with the most seniority. The probationary period shall be for six (6) months during which time the employee shall be entitled to a continuation of existing benefits. Any employee promoted shall receive a salary increase equivalent to the greater of the minimum salary for that classification or five (5.) percent above his current salary. If an employee does not satisfactorily complete the probationary period, the City shall make every reasonable effort to allow the employee to fill another vacant position for which the employee is qualified. If there are no vacant positions at the time, the employee will be allowed to resign and shall be given preference when a position does become vacant if he has the necessary qualifications for that position. Igor PEA Union Contract September 14, 1998 18 ARTICLE 13 TRAINING ° "iso' The City agrees to make a good faith effort to promote classroom and on-the-job training for the purpose of improving the performance of employees, aiding employees to equip themselves for advancement to higher positions and greater responsibilities, and improving the quality of service rendered to the public. When the City requires an employee to attend training sessions, the City will make every reasonable effort to schedule such training during the employee's normal working hours. An employee will be compensated for training scheduled other than during normal working hours pursuant to Article 21, Hours of Work and Overtime. The City will continue its policy of paying for license renewal where a license is required for employment with the City. Now ARTICLE 14 SENIORITY, LAYOFFS, AND RECALL The City agrees that seniority shall consist of continuous accumulated paid service with the City and shall be computed from the date of appointment. In the event a reduction in the work force is necessary, the City shall notify the PEA of such reduction in writing. In the event of the need for a reduction in the work force, normal attrition shall be used first, and then the following procedures shall be followed: A. The City shall determine the areas and the positions within the departments in which '""' reductions will be made and the number of positions affected. PEA Union Contract September 14, 1998 19 B. Employees shall be laid off in inverse order of seniority in their classification. An employee affected by a lay off shall be entitled to "bump" into a lower classification if she is senior %or to the employee in the lower classification. C. Employees to be laid off shall be notified in writing as soon as possible after the decision for layoff has been made. The City shall give the laid off employees a minimum of fourteen (14) calendar days notice of such layoff. D. The City shall make every reasonable effort to permit any employee who would have qualified for retirement or whose pension would have become vested within six (6) months from the date of layoff to work that period of time necessary to acquire needed service for retirement or vesting. E. An employee laid off pursuant to this Article shall be given the opportunity to continue Nor insurance coverage pursuant to the requirements of the Consolidated Omnibus Budget Reconciliation Act of 1985 (hereinafter COBRA), and any subsequent amendments. In the event a recall of employees occurs, the following procedures shall be followed: A. The City shall determine the areas and positions within its departments in which recalls will be made and the number of positions affected. B. Employees shall be recalled in inverse order of layoff provided the employee has qualifications to perform the job at the time of recall. C. Employees shall be notified of their recall to work by registered letter mailed to the address in their official personnel file and shall be given fourteen (14) calendar days from receipt of ' tow the letter to return to work. A recalled employee shall notify the employer, in writing, within five (5) PEA Union Contract September 14, 1 998 2 0 working days upon receipt of the recall letter of the employee's intent to return to work. D. Recall will be within the pay range for the classification to which the employee is volw recalled. E. Upon recall, all credit for salary fringe benefits and seniority shall be restored. Implementation of this Article may be subject to arbitration, but the decision of the City to make a reduction in the work force shall not be subject to either the grievance or arbitration procedure. ARTICLE 15 DISCIPLINARY ACTION/INVESTIGATION No employee shall be discharged or disciplined without just cause. In the event an employee is discharged, suspended, or demoted, the City agrees that he shall be provided with written Now notification of the discharge, suspension or demotion. This notification shall be hand delivered to the employee no later than its effective date, or sent by registered mail to the employee at the address in the employee's official personnel file. Upon request, any employee may obtain a copy of any statement given to the City in connection with any contemplated disciplinary action. Any employee under formal investigation shall have the right to be represented at her own expense by counsel or any other representative of her choice who shall be present at all times while the employee is being questioned relative to the alleged misconduct. Questions shall be limited to the circumstances surrounding the allegations which are the subject of the investigation. All sessions shall be recorded and there shall be no unrecorded question or statement. During questioning the N '"' employee shall not be subject to offensive language or threats of transfer, dismissal, or other PEA Union Contract September 14, 1998 21 disciplinary action. The questioner does not have the right to make a promise of reward as an inducement to answering questions. *taw Prior to making any public statement regarding an investigation, the City will telephonically give the PEA notice of its intent to make such a statement. In the cases where the City chooses to relieve an employee from duty pending an investigation or other administrative determination, the following shall apply: A. The employee may be suspended without pay for a maximum of ten (10) working days and shall be given written notification of the reason for the suspension. B. At the end of the suspension period the employee shall either be reinstated, terminated, or disciplined. If no disciplinary action is taken the employee will be reinstated with all pay restored, including the period of suspension. Nor C. Should the disciplinary action include time off without pay, any period of suspension without pay pursuant to Paragraph A above shall be considered in the disciplinary action. ARTICLE 16 BULLETIN BOARDS Where City bulletin boards are available, the City agrees to provide space on such bulletin boards for PEA use. Where bulletin boards are not available, the City agrees to allow the PEA to place bulletin boards in locations mutually acceptable to the City Manager and the PEA. PEA Union Contract September 14, 1998 2 2 ARTICLE 17 VOTING `,,. During a primary, general, or special election, an employee who is registered to vote and whose hours of work do not allow sufficient time for voting shall be allowed necessary time off with pay for this purpose. Where the polls are open at least one (1) hour before or one (1) hour after the employee's regularly scheduled work period, it shall be considered sufficient time for voting. ARTICLE 18 LEGAL BENEFITS At the direction of the City Council, the City will undertake to defend employees against any legal actions taken against them as the result of their actions while acting in the scope of their +t,,• employment. The City is not obligated to defend employees acting in bad faith, with malicious purpose, in a manner exhibiting wanton and willful disregard of human rights, safety, or property or where the legal interests of the employee conflict with the legal interests of the City. Also at the direction of the City Council, the City agrees to indemnify, within the limitations of Florida law, employees against judgments levied against them as a result of their actions while acting in the scope of their employment, based on the conditions set forth above. ARTICLE 19 CODE OF CONDUCT AND JOB CLASSIFICATION There will be written job descriptions for all employee classifications covered by this lofty Agreement. PEA Union Contract September 14, 1998 2 3 A code of conduct approved by the City Council is hereby incorporated by reference into this Agreement. Any rule, regulation, standard operating procedure or policy in conflict with this N , r ,,, Agreement shall be void. Prior to implementing any change in rules, regulations or standard operating procedures or policies, the PEA shall be provided with a copy of the proposed change and given an opportunity to provide written comments. Any written comments submitted by the PEA within ten (10) working days of receipt shall be considered by the City. ARTICLE 20 LEAVE OF ABSENCE The Department Head may grant any employee a leave of absence with or without pay for a period not to exceed thirty (30) working days. Leaves of absence with or without pay for a period `„ in excess of thirty (30) days shall be approved by the DCR. Only employees with a sufficient amount of accrued time shall be eligible for a leave of absence with pay. Any approved leave of absence shall automatically be terminated when the employee obtains full time employment elsewhere. For this purposes of this Article, the taking of a day off without pay shall not constitute a leave of absence without pay until an employee has accumulated five (5) days off without pay within any twelve (12) month period. Holidays, sick leave, vacation leave, and any other benefit based on time spent in the employ of the City shall not accrue during a leave of absence without pay. Any salary increases for which the employee would have become eligible based in whole, or in part, on length of service with the low City shall not be credited during any period of leave of absence without pay. A leave of absence may PEA Union Contract September 14, 1998 2 4 insurance coverage pursuant to COBRA and any amendments thereto. Any employee who is a member of the National Guard or an organized military or naval reserve unit of the United States will be allowed a maximum of twenty (20) working days leave of absence with pay in any one annual period when the employee is engaged in training ordered under the provisions of the United States military or naval training regulations. During such period of leave with pay, the employee's benefits shall continue uninterrupted in the same manner as if he were on active duty with the City. Administrative leaves of absence for additional or longer periods of time for assignment to duty functions of a military character shall be without pay unless the employee has a sufficient amount of accrued time and shall be granted by the City and when so granted shall be without loss of time or efficiency rating. Pursuant to the Family and Medical Leave Act of 1993, upon request, employees with at least twelve (12) months of service who have worked an average of more than twenty -four (24) hours per week over the preceding twelve (12) months (1,250 hours), will be granted leave without pay for up to a maximum of twelve (12) weeks in any twelve (12) month period for childbirth, adoption of a child, or a serious health health condition of the employee or her immediate family member (spouse, parent, child). Employees with a sufficient amount of accrued time shall be eligible for a leave of absence with pay. The City will determine the amount of leave available for an eligible employee by using a "rolling" twelve (12) month period measured backward from the date an employee uses any such leave. The procedure to be followed in requesting family and medical leave and any additional requirements shall be as set forth in the City's Personnel Policy and Procedures Manual, and as that document may from time to time be amended. PEA Union Contract September 14, 1 998 2 5 requirements shall be as set forth in the City's Personnel Policy and Procedures Manual, and as that document may from time to time be amended. low ARTICLE 21 HOURS OF WORK AND OVERTIME The following provisions shall govern hours of work and overtime: A. Forty (40) hours shall constitute a normal work week for an employee covered by this Agreement. Nothing herein shall guarantee any employee payment for a forty (40) hour week unless the employee actually works forty (40) hours or his actual hours worked and his authorized compensated leave total forty (40) hours. B. Employees shall be compensated at the rate of time and one -half the employee's regular straight time rate or compensatory time off at a rate of one and one half hours for each hour worked in excess of forty (40) during a week, as determined upon agreement between the employee and Department Head prior to the hours being worked. Sick leave shall not be considered hours worked. An employee who works two complete back -to -back shifts will be compensated for a total of sixteen (16) hours. The rate of pay shall be determined based upon the total hours worked during the effected week. C. If any employee covered by this Agreement is called back to work outside his scheduled working hours, he shall receive a minimum of two (2) hours pay at the rate of time and one -half his regular straight time rate. The two (2) hour minimum shall not apply to work scheduled outside of regular working hours for which the employee has advance notice, but is intended to PEA Union Contract September 14, 1998 2 6 compensate employees who are unexpectedly called back to work. Employees who are scheduled to work outside of regular working hours for which the employee has advance notice shall receive Now a minimum of one (1) hour pay at the appropriate rate - at the regular straight time rate if such time is included within the regular work week or at time and one -half if such time constitutes overtime. D. No City official shall take action to cause the non - payment of time and one -half when the employee has performed work which entitles him to such payment. E. Employees shall be given forty -eight (48) hours notice of any change in their regular hours of work. Except in case of emergency situations, the City will avoid scheduling an employee to work on continuous shifts. If an employee is not notified prior to forty -eight (48) hours of a shift change, except in emergencies, he shall receive one and one -half times the straight time hourly rate for the first eight (8) hours of the new shift. F. All employees will be entitled to a meal break and two fifteen (15) minute rest breaks (morning and afternoon) during each eight (8) hours of the new shift. G. Any employee who, in the exercise of his official duties, is subpoenaed to appear before any person or agency on his regular day off shall receive a minimum of three (3) hours pay at the rate of time and one -half his regular rate. H. If, in the discretion of the City Council and /or the DCR, it is determined that civil emergency conditions exist, including riots, civil disorders, hurricane conditions or what is judged to be a public danger or emergency, the provisions of this Agreement may be suspended by the DCR during the time of declared emergency, provided, however, that the wage rates and monetary fringe itow benefits shall not be suspended, and the right of the PEA to grieve the suspension of the Agreement PEA Union Contract September 14, 1998 2 7 shall not be limited to wage rates and fringe benefits only. v ARTICLE 22 HOLIDAYS AND PERSONAL DAYS The City will recognize the following as paid holidays: New Years Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Day Christmas Day A. If a holiday falls on a Saturday, the holiday will be observed on the Friday before the tow holiday. If the holiday falls on a Sunday, the holiday will be observed on the Monday following the holiday. B. For those employees working rotating shifts, if the actual holiday falls on an employee's off duty day, he shall receive an additional day's compensation paid at his regular rate of pay. C. For those employees working rotating shifts, if the actual holiday falls on an employee's on duty day, he shall be compensated at the rate of time and one half his regular rate of pay for all hours worked on the holiday in addition to his holiday pay. D. Holiday pay shall not be withheld for any reason other than being waived by the `w., employee with the concurrence of the Department Head. In lieu of holiday pay, the employee shall PEA Union Contract September 14, 1998 2 8 E. In order to be eligible for holiday pay, an employee must work both his last scheduled work day before the holiday and the first scheduled work day after the holiday unless the absence is due to compensated leave. Each employee shall be entitled to three (3) personal days with pay per year which must be taken within that anniversary year. Employees shall not receive pay in lieu thereof. Personal days shall be scheduled with the approval of the Department Head. ARTICLE 23 SICK LEAVE A. Sick leave will be earned at the rate of eight (8) hours for each month of service. These hours shall accumulate up to a maximum of three hundred and twenty (320) hours. After lee accumulating the three hundred and twenty (320) hours maximum sick leave, an employee shall receive as additional pay the hours in excess of three hundred and twenty (320) up to an additional eight (8) hours for each month thereafter that he does not use any sick leave. If, however, the employee uses any sick leave after accumulating the three hundred and twenty (320) hours maximum sick leave, the employee must restore his accumulated sick leave to the maximum again before he shall be eligible for any additional pay. B. Upon termination of employment, except for the commission of a criminal act as determined by the DCR, an employee is entitled to a lump sum payment for any unused portion of accrued sick leave. In the event of death, an employee's beneficiary shall be entitled to a lump sum w,.,, payment for any unused portion of accrued sick leave. The payment shall be determined by using the PEA Union Contract September 14, 1998 2 9 rate of pay received by the employee at the time of termination. C. Sick leave may be used for illness in the immediate family or donated to any City vow employee who has an emergency or long term illness. Immediate family is defined as: spouse, parents, grandparents, children, grandchildren, brothers, sisters, stepchildren and stepparents of either the employee or spouse. D. An employee who calls in without the prior approval of the Department Head to report he will not be at work that day cannot charge it as a day of vacation or a personal day unless he has no sick leave accumulated. ARTICLE 24 VACATION ;` Employees covered by this Agreement shall be entitled to annual vacation leave with pay based on the number of years of service with the City: Less than 1 year 0 hours 1 - 4 years 96 hours 5 - 10 years 144 hours 11 years 192 hours 12 years 200 hours 13 years 208 hours 14 years 216 hours 15 years 224 hours 16 years 232 hours 17 years and over 240 hours A. No employee shall be entitled to vacation leave without having first completed a full year's employment. Upon completion of one (1) year of employment with the City, an employee shall 1•.r be credited with ninety -six (96) hours of vacation leave. Subsequent to the completion of one (1) PEA Union Contract September 14, 1998 3 0 year of employment, an employee shall accrue vacation leave on a monthly basis. Every employee is to physically take at least one week off annually for vacation. B. Vacation leave accrued, but not used, within any given anniversary period may be carried over and accumulated. Employees may accumulate vacation leave up to a maximum of five hundred (500) hours. C. In lieu of taking vacation leave, vacation leave may be cashed in in an amount equal to one half of that accrued within the current anniversary period. The amount of compensation shall be determined by using the employee's hourly rate at the time the vacation leave is cashed in. D. Upon termination of employment, except for the commission of a criminal act as determined by the DCR, an employee will be paid for any unused portion of accrued vacation leave. The payment shall be determined by using the rate of pay received by the employee at the time of ow termination. E. Vacations must be scheduled with the approval of the Department Head. Vacation time cannot be taken in increments of less than one (1) hour. Seniority shall be considered by the Department Head in the scheduling of vacations. ARTICLE 25 BEREAVEMENT LEAVE A. When a death occurs in the immediate family of an employee, that employee shall be granted up to three (3) days bereavement leave without loss of pay. Additional time may be taken by the employee as vacation leave, personal days, sick leave, a leave of absence without pay or a day PEA Union Contract September 14, 1998 31 by the employee as vacation leave, personal days, sick leave, a leave of absence without pay or a day off without pay. „, B. Immediate family shall mean: spouse, parents, grandparents, children, grandchildren, brothers, sisters, stepchildren and stepparents of either the employee or spouse. If the employee was raised by someone other than one of the above named, he may request the leave in the event of the death of that individual. C. The City has the right to request a verification of the death. ARTICLE 26 UNIFORM, CLOTHING AND EQUIPMENT Personal equipment (i.e. glasses, watches, etc.) proved damaged in the scope of employment * Iry shall be replaced or repaired at no cost to employee subject to approval of the DCR and proof of damage and value of item damaged. The maximum amount the City will pay for a watch will be sixty ($60.00) dollars. The City agrees to have each serviceable City vehicle inspected by a qualified mechanic. All vehicles will contain proper safety equipment. The City will furnish and maintain all types of safety equipment excluding safety shoes. The City agrees that it shall conform to all standards required by the federal government and its regulatory agencies and shall implement the use of only such equipment that will promote the safety and welfare of all employees covered under this Agreement. �wrr The City will provide five (5) shirts, five (5) pairs of pants or shorts and one (1) pair of safety PEA Union Contract September 14, 1998 3 2 shoes per year to all members of the Bargaining Unit in the following positions: Code Enforcement Officer, Safety Director/Risk Manager, Service Worker, Tradesworker, Building Inspector, Mechanic, Mechanic Helper, Meter Reader, Utilities Worker, Wastewater Plant Operator, Water • Plant Operator, and Utilities System Technician. The cost to the City for safety shoes shall not exceed sixty -five ($65.00) dollars per pair. Safety shoes may be work shoes, with or without steel toes. If the City determines that steel toes are required, on a case by case basis, that will be indicated. The City will furnish gloves to employees who handle chemicals, wastewater, or garbage. Employees will sign for gloves when issued. When uniform replacement due to normal wear and tear is requested by the employee, the shirt and/or pants will be inspected by the Department Head. At the discretion of the Department Head, the uniform, not including the patches, will become the property of the employee. Employees reporting to work without the proper uniform will not be allowed to work and will not be paid for the time required to return home to change into their uniform. Employees intentionally damaging uniforms will pay for repairs or replacements. Uniforms will not be worn during off duty hours or days off. An employee who has terminated his employment with the City will not receive a final pay check until all uniforms issued are returned clean. If within any individual department, upon the concurrence of the Department Head, a majority of the non - uniformed members of the Bargaining Unit submit a request to the City Manager for uniforms, the City hereby agrees to consider the feasibility of implementing such a request during the next fiscal year. Now PEA Union Contract September 14, 1998 3 3 ARTICLE 27 INSURANCE The City agrees to furnish Bargaining Unit members a medical, health, and dental group insurance plan. Employees shall be entitled to choose between an H.M.O. and the standard coverage as it currently exists. The City agrees to pay the entire amount of the premium for the Bargaining Unit member and fifty percent (50 %) of the premium for their dependents. The City shall provide life insurance for all employees covered by this Agreement in an amount equivalent to one (1) year's base salary rounded up to the next thousand dollars; however no employee's life insurance coverage shall be less than fifteen thousand ($15,000.00) dollars. ARTICLE 28 INJURIES Duty Related Injury An employee who is temporarily disabled in the line of duty shall receive full pay and benefits for the period of the disability, subject, however, to compliance with all of the following conditions: A. The disability must have resulted from an injury or an illness directly related or sustained in the performance of the employee's work. The City's determination as to whether the disability is work related shall be governed by the provisions of Chapter 440, Florida Statutes. B. The DCR, in his discretion, may utilize the services of a physician to determine whether any employee claiming disability is physically and/or mentally able to continue working or to return to work. Nally PEA Union Contract September 14, 1998 3 4 C. Paid disability leave shall not exceed ninety (90) working days for any one injury. If, as a direct result of the continuation of the disability involved, the employee is unable to return to work at the end of the ninety (90) working day period, the employee may petition the DCR Noisy requesting that he be carried in full pay status beyond the ninety (90) working day period. If the DCR decides not to permit the employee to continue in full pay status beyond the ninety (90) working day period, the employee shall revert to normal Worker's Compensation Benefits. D. As a condition precedent to obtaining paid disability leave, the employee must formally assign his Worker's Compensation weekly benefits to the City for the period of the disability leave or any extension thereof. E. The City agrees that any employee injured on the job or who suffers a job related illness shall be paid for a full day if his treating physician advises that he cannot or should not return to work. Non -Duty Related Injury In the event the DCR, in consultation with an employee's Department Head, determines that a non -duty related disability exists, the following shall apply: A. If the disability can be corrected, the DCR, in consultation with the employee's Department Head, may permit the employee to continue with his normal duties, reassign the employee to other duties with the department, or temporarily remove the employee from City service. Should the employee be temporarily removed from City service during the period of time specified for correction of his disability, the employee may utilize his sick leave, vacation leave or request a *we leave of absence without pay for the correction period. PEA Union Contract September 14, 1998 3 5 B. If the disability cannot be corrected, the DCR in consultation with the employee's Department Head, will attempt to place the employee in another City position which in the DCR's discretion, the employee can perform satisfactorily. Nothing herein shall require the DCR to create Nosy a position for the employee. If the DCR determines that the employee cannot be placed in another position, the employee chooses not to accept the position offered, or the DCR in consultation with the Department Head involved determines that the employee is not satisfactorily performing in the new position, then the employee shall be afforded an opportunity to resign thereby retaining any benefits to which he would otherwise be entitled. ARTICLE 29 PER -DIEM vow Employees directed and authorized to use their private automobile for City business shall be compensated at the rate authorized by law. ARTICLE 30 EDUCATION When a Department Head determines that the best interest of the City is served by the additional education of employees, the Department Head may recommend that the City pay the entire cost. Final approval must be granted by the City Manager. In addition, educational leave may be granted by the City Manager. An employee granted educational leave with full pay shall be entitled to a continuation of all City benefits. Entitlement to benefits for employees on partially compensated PEA Union Contract September 14, 1998 3 6 or uncompensated educational leave shall be determined by the City Manager. In the case of ongoing coursework, if the employee withdraws from a class without approval of the DCR, fails to pass with a grade of "C" or better, or fails on a pass /fail system, the employee shall reimburse the City for all costs paid by the City. If the employee voluntarily leaves the service of the City within nine (9) months of completion of the course he shall reimburse the City for all costs paid • by the City. ARTICLE 31 PENSION PLAN The City agrees to continue the present pension plan with all contributions to it paid by the City for all employees vested in the plan as of September 30, 1996. Any changes or additions to the present plan agreed to by the General Employee's Pension Board and the City Council shall be implemented. The PEA Represenative shall serve as the employee member on the General Employee's Pension Board. In lieu of the present pension plan, for all employees hired effective October 1, 1996, or thereafter, on behalf of the employee, the City shall contribute twelve (12) percent of all compensation earned during employment with the City to a 401(a) money purchase plan. The account shall not be established until the first day of the month following completion of ninety (90) days of employment with the City, but shall include a contribution of twelve (12) percent of all compensation earned since the effective date of employment with the City. Employees shall be deemed vested on the date the account is established. Imo ' tow Employees hire »ctober 1, 1996, and not vested in the present pension plan as of September PEA Union Contract September 14, 1 998 3 7 30, 1996, may elect to participate in the 401(a) money purchase plan under the following conversion schedule: A. Employees with three (3) months to two (2) years of service with the City as of October 1, 1996, shall be entitled to a contribution of ten (10) percent of all compensation earned during the period of employment with the City prior to October 1, 1996, and twelve (12) percent of all compensation earned October 1, 1996, or thereafter. B. Employees with two (2) years and one (1) day to four (4) years of service with the City as of October 1, 1996, shall be entitled to a contribution of eleven (11) percent of all compensation earned during the period of employment with the City prior to October 1, 1996, and twelve (12) percent of all compensation earned October 1, 1996, or thereafter. C. Employees with four (4) years and one day of service or more with the City as of October 1, 1996, shall be entitled to a contribution of twelve (12) percent of all compensation earned during the period of employment with the City prior to October 1, 1996, and twelve (12) percent of all compensation earned October 1, 1996, or thereafter. PEA Union Contract September 14, 1998 3 8 ARTICLE 32 WAGES For fiscal year 1999 - 2000, The employees shall receive a 4% increase to their individual hourly rates, effective the first full pay week in the month of October and a 1% increase to their individual hourly rates, effective the first full pay week in the month of April, 2000. Annual employee appraisals shall be prepared on each employees' individual anniversary date. ARTICLE 33 ALCOHOL AND DRUG POLICY A. The City and the PEA recognize that drug and alcohol abuse is a growing problem within our nation's work force. The parties also recognize the tremendous cost, both in terms of ' - efficiency and in human suffering, which drug and alcohol abuse may cause. Substance and alcohol abuse by employees ofthe City may have an adverse impact on City government, operations, and the health, welfare, and safety of City employees and the general public. Acknowledging the necessity for action, the following alcohol and drug testing policy is hereby initiated for all employees. B. The City prohibits all employees from: 1. Selling any drug, including alcohol or prescription drugs, whether on or off - duty, unless the employee is legally entitled to sell the substances in question. 2. Possessing any alcoholic beverage or illegal drug while on -duty or on City property at any time. "ftly 3. Using any controlled substance not prescribed for the employee by a physician PEA Union Contract September 24, 1999 3 9 include both use while on -duty and use while off -duty which can adversely affect on -duty performance. ,ft, 4. Reporting to work with the presence of illegal drugs or alcoholic beverages in the body system which is equal to or exceeds the cutoff detection levels established pursuant to Chapter 440, Florida Statutes. C. The City Manager and the employee's Department Head shall have the authority to require employees to submit to testing designed to detect the presence of any controlled substance, narcotic drug, or alcohol. When an employee is required to submit to testing it shall be limited to those circumstances which indicate that reasonable cause exists that the employee is under the influence of such substances, suffers from substance or alcohol abuse, or is in violation of the City of Edgewater personnel rules regarding the use or possession of such substances. �, D. In the event the City requests that an employee submit to testing and the employee chooses not to submit to such tests, this refusal shall be grounds for appropriate disciplinary action. E. An employee who must use a prescription drug which the employee has been advised will or which the employee may reasonably expect to cause adverse side effects such as drowsiness, impaired reflexes, or reaction time shall inform his Department Head that he is taking such medication on the advice of a physician and of the possible side effects of the drug and expected duration of use. F. In the event the City requests that an employee submit to drug or alcohol tests, the cost of such test shall be paid by the City. G. Direct involvement in an accident by an employee while on duty may be considered 'r. reasonable cause, in the discretion of the employee's Department Head, to require the employee to PEA Union Contract September 14, 1 998 4 0 take drug or alcohol tests. H. Employees required to take regularly scheduled physical examinations may have included as part of the examination a test for alcohol or drugs. I. Employees with job performance or attendance problems shall bear the primary responsibility to seek diagnostic and appropriate treatment for such problems. In the event an employee seeks assistance and treatment for an alcohol or drug- related problem, the following shall apply. An employee may be granted a one -time leave of absence without pay, not to exceed sixty (60) days to undergo treatment for alcohol or substance abuse pursuant to an approved treatment program. No employee benefits shall accrue during this period. The request must be voluntarily made in writing prior to the institution of disciplinary measures for alcohol or substance abuse. J. The result of any drug or alcohol test shall be considered a medical report and shall ,,,,, be deemed confidential pursuant to Florida law. K. Decisions of an arbitrator under this Article shall be limited to a determination of whether there existed reasonable cause to activate the provisions of this Article. If this issue is determined in the employee's favor, he shall be reinstated. L. The circumstances constituting reasonable cause shall be set forth in writing and signed by the person initiating the allegation before the provisions of this Article shall apply. `w PEA Union Contract September 14, 1998 41 ARTICLE 34 SEVERABILITY CLAUSE Noisy Should any provision of this collective bargaining agreement or any part thereof be rendered or declared invalid by reason of any existing or subsequently enacted state or federal legislation or by a decree of a court of competent jurisdiction, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. The parties agree that they shall meet within thirty (30) days of the date when the contract provision was determined to be invalid, in order to negotiate a replacement provision. ARTICLE 35 SAVINGS CLAUSE ___ The Agreement will not deprive any employee of any benefits or protection granted by the laws of the State of Florida, the ordinances of the City of Edgewater, or the personnel rules and regulations of Edgewater. ARTICLE 36 ENTIRE AGREEMENT The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements `.► arrived at by the parties after the exercise of that right and opportunity are set forth in this PEA Union Contract September 14, 1998 4 2 $ Agreement. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written between the parties hereto. ARTICLE 37 NOTICES All notices or other communications required or permitted under this Agreement shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail, return receipt requested, and addressed as follows: If to City: With a Copy to: Now City Manager City Attorney City of Edgewater City of Edgewater P. O. Box 100 P. O. Box 100 Edgewater, FL 32132 -0100 Edgewater, FL 32132 -0100 If to PEA: With a Copy to: President PEA Employee Representative Volusia County Public Employees c/o City of Edgewater Association, Inc. P. O. Box 100 1660 Tomoka Farms Road Edgewater, FL 32132 -0100 D aytona B each, FL 32124 "rr PEA Union Contract September 14, 1998 4 3 • t ARTICLE 38 DURATION OF AGREEMENT 'r This Agreement shall be effective from October 1, 1999, through September 30, 2001. Upon mutual consent anytime during the term of this Agreement, the parties may agree to reconsider any provisions in this Agreement. Such consent shall not be unreasonably withheld by either party. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Susan J. Wadsworth Randy Allman City Clerk Mayor Dated APPROVED FOR FORM AND CORRECTNESS: Nikki Clayton City Attorney VOLUSIA COUNTY PUBLIC ATTEST: EMPLOYEES ASSOCIATION, INC. By: Patrick Lee McGuire, Jr. qtr Executive Director Dated: PEA Union Contract September 24, 1999 4 4 SPEA AGREEMENT TABLE OF CONTENTS law ARTICLE SUBJECT PAGE Preamble. 3 1 Recognition 3 2 -. Management Rights 4 3 Employee Rights 8 4 Strikes and Lockouts 8 5 Grievance and Arbitration Procedure 10 6 Dues Deduction 14 ,,ms, 7 Employee- Management Committee 15 8 SPEA Representatives 16 9 Personnel Records 17 10 Temporary Assignment to a Higher Classification 17 11 Promotions and Probationary Periods 18 12 Training 19 13 Seniority, Layoffs, and Recalls 19 14 Disciplinary Action/Investigation 21 15 Bulletin Boards 22 16 Voting 23 17 Legal Benefits 23 SPEA Union Contract September 24,1999 1 18 Code of Conduct and Job Classification 24 19 Leave of Absence 24 20 Hours of Work and Overtime 26 21 Holidays and Personal Days 28 22 Sick Leave 29 23 Vacation 30 24 Bereavement Leave 31 25 Uniform, Clothing and Equipment 32 26 Insurance 33 27 Injuries 33 28 Per -Diem. 34 r 29 Education 35 30 Pension Plan 35 31 Wages 37 32 Alcohol and Drug Policy 37 33 Severability Clause 40 34 Savings Clause 40 35 Entire Agreement 41 36 Notices 41 37 Duration of Agreement 42 Now SPEA Union Contract September 24,1999 2 • s SPEA AGREEMENT PREAMBLE This Agreement is entered into by the City of Edgewater, hereinafter referred to as the "City" and the Volusia County Public Employees Association, Inc., hereinafter referred to as the "SPEA" for the purpose of promoting harmonious relations between the City and the SPEA, to establish an orderly and peaceful procedure, to settle differences which might arise and to set forth the basic and full Agreement between the parties concerning rates of pay, hours of work, and other conditions of employment as provided by law. The term "Designated City Representative" hereinafter "DCR" shall mean the City Manager or his appointed representative. The masculine gender shall include the feminine and the feminine shall include the masculine unless the context requires otherwise. ARTICLE 1 RECOGNITION The City hereby recognizes the SPEA as the exclusive bargaining representative for all matters affecting wages, hours, and working conditions for those employees in the unit certified by the Public Employees Relations Commission in its certification No. 585. Any amendment to the unit certified by Public Employees Relation Commission will be entitled to the terms and benefits of this Agreement, in accordance with Chapter 447 of the Florida Statutes. `r SPEA Union Contract September 24,1999 3 ARTICLE 2 MANAGEMENT RIGHTS law 1. The SPEA recognizes that it is the function of management to determine and direct the policies and mode and method of providing its services without any interference in the management and conduct of the City's operation on the part of the SPEA or any of its representatives. 2. The City shall continue to exercise the exclusive right to take any action, not in conflict with provisions of this Agreement, it deems necessary or appropriate in the management of its operations and the direction of its work force. The City expressly reserves all rights, power and authority customarily exercised by management, which the City has not expressly modified or delegated by express provisions of this Agreement. Nothing in this Agreement shall be construed to limit or impair the right of the City to exercise its own discretion in determining whom to employ, and rr,.► nothing shall be interpreted as interfering in any way with the City's right to alter, rearrange, change, extend, limit or curtail its operation or any part thereof unless specifically addressed in this Agreement. Without limiting the provisions of Section 1 and 2 hereof, but in order to clarify some of the more important unilateral rights retained by management, the City shall have the following unilateral management rights, unless such rights are specifically limited and in direct conflict with this Agreement. (a) To determine the size and composition of the work force, including the number and composition of employees assigned to any particular operation, shift or turn. Now (b) To determine the number and type of equipment, vehicles, materials, and supplies to be used, operated, or distributed. SPEA Union Contract September 24,1999 4 t (c) To hire, rehire, promote, lay off and recall employees. (d) To reward or reprimand, discharge or otherwise discipline an employee for *Tr just cause and reasonable cause. (e) To evaluate, maintain, and/or improve the efficiency of employees. (f) To create, abolish, or change job classifications and to determine job content and minimum classifications, and amount and type of work to be performed. (g) To determine the assignment of work, and to schedule the hours and days to be worked on each job and each shift unless contrary to a specific provision of this Agreement. (h) To discontinue, temporarily or permanently, in whole or part, its operations, 'rw and to transfer or assign all or any part of its operation to new facilities. (1) Consistent with the Americans with Disabilities Act, to require an employee, at the City's expense by a physician designated by the City, to take a physical examination on an annual basis or more frequently if the City has cause to believe there is a health problem. The employee, at his own expense, may obtain a second opinion by a physician of his choice. In case of conflict with the original medical examination, a third medical examination may be requested by the City at the City's expense by a physician designated by the City. The results of any examination shall be placed in a separate medical file. (j) To test employees for the use of alcohol, illegal drugs and/or controlled substances when there is reasonable cause in accordance with Article 32. SPEA Union Contract September 24,1999 5 (k) To determine the location, method, means, and personnel by which operations are to be conducted, including the right to contract and sub - contract existing tow and future work. (1) To make or change rules, policies and practices, not in direct conflict with any provision of this Agreement. (m) To determine work schedules, work cycles, starting and quitting times and the number of hours and shifts to be worked unless contrary to a specific provision of this Agreement. (n) To introduce new, different or improved methods, means and processes of conducting the operations, transportation, maintenance and service of the City. (o) To determine the qualifications for positions in the City. (p) To determine the work to be performed during the employee's regular work day and require that all work be performed in a satisfactory and workman-like manner. (q) To assign overtime work in accordance with provisions of this Agreement. The City reserves and retains in full and completely any and all management rights, prerogatives and privileges except to the extent that such rights, prerogatives and privileges are specifically limited by some express provision of this Agreement, and has no obligation to bargain over the decision to exercise such right, prerogatives and privileges, or the effect of such decisions. taw The City's failure to exercise any function or right hereby reserved to it, or its exercising any function or right in a particular way, shall not be deemed a waiver of this right to exercise such SPEA Union Contract September 24,1999 6 function or right, nor preclude the City from exercising the same in some other way not in conflict with the express provisions of this Agreement. ter► The City, subject to Florida law, has the sole authority to determine its purpose and mission and the amount and allocation of the budget. If, in the sole discretion of the City, it is determined that civil emergency conditions exist, including but not limited to riots, civil disorders, hurricanes or other weather conditions or similar catastrophes, the provisions of this Agreement may be suspended during the time of the declared emergency. It is agreed that it is not possible to enumerate every incidental duty connected with a particular position in a job description and accordingly, at the discretion of the City, employees may be required to perform duties not within their specific job descriptions as related to the objectives and NOW mission of the employee's particular department. `'fir SPEA Union Contract September 24,1999 7 ARTICLE 3 EMPLOYEE RIGHTS low The City and the SPEA agree not to interfere with the right of any eligible employee to become a member of the SPEA, withdraw from membership in the SPEA, or refrain from becoming a member of the SPEA. There shall be no discrimination against any employee by reason of race, creed, color, age, national origin, sex, or SPEA membership or activity, or lack of SPEA membership or activity. Nothing contained in this Agreement shall foreclose any employee covered by this Agreement from pursuing any right or remedy, including the grievance procedure without representation of the SPEA. Further, nothing contained in this Agreement shall foreclose any employee from discussing a work related problem directly with his Department Head, and then thereafter, other departmental officials without the intervention of the SPEA, provided that the Now immediate supervisor or other departmental officials agree to discuss and/or attempt to resolve the matter outside the formal grievance procedure. In matters involving a formal grievance, the SPEA shall be given the opportunity to be present at any meeting called for the resolution of such grievance except as noted in Article 5. ARTICLE 4 STRIKES AND LOCKOUTS The SPEA and bargaining unit members shall have no right to instigate, promote, sponsor, engage in or condone any work stoppage, boycott, slow -down, strike, intentional disruption of City operations, or to withhold services for any reason. Each employee who holds a position in the SPEA Now also occupies a position of special trust and responsibility in maintaining and bringing about compliance with this Article, the strike prohibition of Section 447.505, Florida Statutes, and the SPEA Union Contract September 24,1999 8 Constitution of the State of Florida, Article I, Section 6. The SPEA's officers, agents, stewards and other representatives agree that it is their `'r''' continuing obligation and responsibility to promote compliance with this Article and the law, including their responsibility to abide by the provisions of this Article and the law by remaining at work during any interruption which may be initiated by other City employees and in the event of breach of this Article or the law by other City employees, upon the request of the City, to encourage and direct employees violating this Article or the law to return to work, and to disavow the strike publicly. In addition to the penalties set forth in Section 447.507, Florida Statutes, any and all employees who violate any provision of the law prohibiting strikes or this Article may be disciplined, up to and including discharge, by the City. Any such action by the City pursuant to this Article shall not be grievable or arbitrable under the provision of the grievance and arbitration procedures of this contract, except to determine if violations, in fact, occurred. The Circuit Courts of Florida shall have jurisdiction to enforce the provisions of this Article by ex parte injunction and contempt proceedings, if necessary. For the purpose of this Article, it is agreed that the SPEA shall be responsible and liable for any act committed by any of their elected or appointed officers, agents, and/or representatives, which act constitutes a violation of Florida law, City ordinance, or policy, or the provisions herein. In addition to all other rights and remedies available to the City under Florida law, in the event of a breach of the provision herein, the City shall have the right, without further notice, to suspend this Now Agreement. The City agrees that there will be no lockouts for the duration of this Agreement. SPEA Union Contract September 24,1999 9 lo '"'' ARTICLE 5 GRIEVANCE AND ARBITRATION PROCEDURE In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed and understood that the following procedure for the resolution of grievances between the parties shall be established and that such procedure shall cover grievances involving the application or interpretation of this Agreement. Either the SPEA, any employee, or the City has a right to file a grievance. Every effort will be made by the parties to settle any grievance as expeditiously as possible. Should the grieving party fail to observe the time limits as set out in the steps of this Article, his err grievance shall be considered conclusively abandoned. Any grievance not answered by the City or the SPEA within the prescribed time limits shall automatically advance to the next higher step. The term "working day" as used in this Article shall mean only Monday through Friday of each week regardless of the grievant's work schedule. Saturdays, Sundays, and holidays shall not be considered working days even if the grievant is scheduled to work on that day. For the purpose of computing time, the day on which a grievance or reply is filed shall not be counted. Grievances shall be presented in the following manner: Step 1 In the case of a grievance initiated by an employee, the employee shall first discuss his grievance with his immediate supervisor within five (5) working days of the \rr occurrence of the event(s) which gave rise to the grievance or from the date on which the employee becomes knowledgeable of the cause of action. If the employee was on SPEA Union Contract September 24,1999 10 compensated leave, the five (5) working day period shall commence running immediately upon the employee's return from such compensated leave. This first step "' between the employee and the immediate supervisor shall be on an informal and oral basis and shall not involve the SPEA or any other representative of the employee, unless requested by the employee. Any time period may be extended with the consent of all parties. If the employee's immediate supervisor is the Department Head, Step 2 shall not apply and the process shall proceed from Step 1 directly to Step 3. Step 2 Any grievance which cannot be satisfactorily resolved with the immediate supervisor shall be reduced to writing by the employee and submitted to the Department Head within five (5) working days of completion of Step 1. The Department Head shall discuss the grievance with the employee and within five (5) working days of receipt render a decision in writing. Any time period may be extended with the consent of all parties. Step 3 Any grievance which cannot be satisfactorily resolved with the Department Head shall be reduced to writing by the employee and submitted to the City Manager within five (5) working days of completion of Step 2 by the SPEA or by the employee himself at the employee's option. The grievance shall be discussed with the employee or the employee and the SPEA by the City Manager within five (5) working days after being presented to the City Manager. The City Manager shall within five (5) working days after this discussion render his decision in writing, with a copy to the employee and SPEA. Any time period may be extended with the consent of all parties. SPEA Union Contract September 24,1999 11 Step 4 In the event a grievance can not be satisfactorily resolved with the City Manager, either the SPEA, employee or the City may within fifteen (15) working days after the lo '"' City Manager renders a written decision request that the grievance be submitted to arbitration. The arbitrator may be any impartial person mutually agreed upon by the parties. If an impartial arbitrator cannot be agreed upon within ten (10) working days after the grievance is submitted to arbitration, the parties shall jointly request the Federal Mediation and Conciliation Service to furnish a panel of seven (7) names from which each party shall have the option within five (5) working days of receipt of striking three (3) names in alternating fashion, thus leaving the seventh as the neutral or impartial arbitrator. The party filing the grievance shall make the first strike. The City and the SPEA shall attempt to mutually agree in writing as to the statement of the Now grievance to be arbitrated prior to the arbitration hearing. The arbitrator shall confine his decision to the grievance thus specified. In the event the parties fail to agree on the statement of the grievance to be submitted to the arbitrator, the arbitrator will confine his consideration and determination to the written statement of the grievance presented in Step 2 or 3. The arbitrator shall fashion an appropriate remedy for violations of the provisions contained in this Agreement. The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is not a grievance as defined in this Agreement nor shall this Agreement be construed by the arbitrator to supersede applicable laws in `fir• existence at the time of signing of this Agreement, except to the extent as herein provided. The arbitration hearing shall be conducted in accordance with the Rules of Procedure promulgated by the SPEA Union Contract September 24,1999 12 Federal Mediation and Conciliation Service. Each party shall bear the expense of its own witnesses and of its own representatives for ` "'r'' purpose of the arbitration hearing. The impartial arbitrator's fees and related expenses if any, shall be equally divided between the parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share said cost. Copies of the arbitrator's award shall be furnished to both parties within thirty (30) days of the close of the arbitration hearing. The arbitrator's award shall be final and binding on the parties unless an appeal is filed within forty -five (45) calendar days of the rendition of the decision. Where a grievance is general in nature in that it applies to a number of employees rather than a single employee, or the grievance is directly between the SPEA and the City, such grievance shall be presented by the SPEA in writing directly to the City Manager within ten (10) working days of the occurrence of the event(s). Consistent with the provisions of the Chapter 447, Florida Statutes, unless amended, it is mutually acknowledged and agreed that this Agreement shall be administered within the amounts agreed to by the City Council for funding of this Agreement. Accordingly, and notwithstanding any other provisions of this Agreement, the arbitrator shall have no authority, power or jurisdiction to construe any provision of the law, statute, ordinance, resolution, rule, or regulation or provision of this Agreement to result in, obligate or cause the City to have to bear any expense, debt, or cost of liability which would result, directly or indirectly, in the City exceeding the amounts initially agreed to by the City Council for the funding of this Agreement as agreed upon by the parties. Any such Now award which contravenes or is not in compliance with the provisions of this paragraph shall be null and void. SPEA Union Contract September 24,1999 13 ARTICLE 6 DUES DEDUCTION Upon receipt ofa written authorization from an employee covered by this Agreement, the City will deduct from the employee's pay each pay period the amount owed to the SPEA for dues. No authorization shall be allowed for collection of fines, penalties or special assessments. The City shall remit monies collected to the Treasurer of the SPEA monthly. The City remittance will be deemed correct if the SPEA does not give written notice to the City within thirty (30) calendar days of a remittance of its belief that the remittance is incorrect. It shall be the responsibility of the SPEA to notify the City Manager or his designee in writing of any change in the amount of dues to be deducted. The City shall have thirty (30) days from the receipt of such notice to implement the change. rew If there is an amount deducted in excess of what is authorized by this Agreement and forwarded to the SPEA, the employee affected shall seek recourse with the SPEA and not the City. The SPEA will indemnify, defend, and hold the City harmless for all claims against the City on account of payroll deduction of SPEA dues. An employee may revoke his authorization for deduction of dues provided the employee gives thirty (30) days written notice to the City and the SPEA. Upon receipt of such notification, the City shall terminate dues deduction on the pay period immediately following the expiration of the thirty (30) day notice period. No deduction shall be made from the pay of an employee for any pay period in which the *grow employee's net earnings for that pay period are less than the amount of dues owed. Net earnings shall mean earnings after the required deductions for federal taxes, social security, pensions, credit union, SPEA Union Contract September 24,1999 14 and health and life insurance. The SPEA shall pay to the City an annual fee to cover the City's administrative cost of dues *411111/ deduction. The fee shall be determined by multiplying the number of employees authorizing a dues deduction as of October 1 each year by thirty-six cents ($.36). Such fee shall be remitted by the SPEA to the City by October 31 of each year. ARTICLE '1 EMPLOYEE - MANAGEMENT COMMITTEE There shall be an employee- management committee consisting of two supervisory employees as agreed upon by the bargaining unit members and the City Manager. The employee- management Nitew committee shall meet as needed on dates mutually agreed upon by the participants. The sole function of the committee shall be to discuss general matters pertaining to employee relations and departmental operations. The committee shall not engage in collective bargaining or resolution of grievances. The supervisors attending committee meetings outside of normal working hours shall not be compensated for the time spent in such meetings. However, if the meetings are held during the regular work day, the supervisors shall be allowed to attend without loss of pay. The supervisor shall notify her Department Head of any meetings scheduled during the regular work day. SPEA Union Contract September 24,1999 15 ARTICLE 8 SPEA REPRESENTATIVES The SPEA shall be represented by its President, or his designee. It shall be the responsibility of the SPEA to notify the City Manager, in writing, of any change in the designation of the President, or his designee. A. When negotiating sessions are held during the regular work day, the SPEA employee representative shall be permitted to attend without loss of pay. B. The authorized SPEA representative and the SPEA employee representative shall be permitted reasonable access for reasonable periods of time to department work locations to handle specific grievances and matters of interpretation of the Agreement. The exercise of such access rights shall not interfere with the functioning of the workplace. C. The City will provide the SPEA on an annual basis with a complete roster of the bargaining unit including name, job classification current pay rate. D. The SPEA employee representative shall notify his Department Head of any negotiating sessions held during the regular work day. SPEA Union Contract September 24,1999 16 ARTICLE 9 PERSONNEL RECORDS 1141100" The City shall recognize only one official personnel file which shall be maintained by the personnel department in City Hall. Each employee covered by this Agreement shall have the right to inspect his official personnel file, provided, however, that such inspection shall take place at a reasonable time, under the supervision of the records custodian. The employee shall have the right, at his own expense, to make duplicate copies of any item contained in his official personnel file. Employees covered by this Agreement shall have the right to file a written response to any document which is placed in the employee's official personnel file. Any such written response shall be included in the employee's official personnel file and attached to the original document. The City will require a written request from anyone but the employee or supervisor prior to allowing review of an employee's official personnel file. The City will notify the employee when such a request has been filed. ARTICLE 10 TEMPORARY ASSIGNMENT TO A HIGHER CLASSIFICATION In the event that a Department Head or DCR determines that there is a need to temporarily fill a regularly budgeted vacant supervisory position with an employee from a lower classification, an employee may be selected from a lower classification to temporarily fill such budgeted position. If the employee selected for the temporary position is not selected for the regular position, this employee shall be returned to the previous classification and pay rate. SPEA Union Contract September 24,1999 17 An employee who is temporarily assigned to a position of higher rank for five (5) days or more, shall be compensated at a rate equivalent to the greater of the minimum salary for that Now classification or five (5) percent above his current salary from the first day of assignment. Temporary assignments shall not include requests from supervisors for temporary standby assistance or assistance due to additional workload during vacation periods. ARTICLE 11 PROMOTIONS AND PROBATIONARY PERIODS When a promotional vacancy exists and in the City's opinion skill, ability and qualifications are equal, the promotion shall be offered to the employee with the most seniority. The probationary period shall be six (6) months during which time the employee shall be entitled to a continuation of existing benefits. Any employee promoted shall receive a salary increase equivalent to the greater of the minimum salary for that classification or five (5) percent above his current salary. All new employees shall serve a probationary period of six (6) months. Upon satisfactory completion of the probationary period, the employee shall be deemed a regular employee. An employee who does not satisfactorily complete the probationary period shall be afforded an opportunity to resign prior to termination for cause unless the employee's behavior, in the opinion of the DCR, has been so egregious that the public interest can not be served short of termination. Now SPEA Union Contract September 24,1999 18 ARTICLE 12 TRAINING law The City agrees to make a good faith effort to promote classroom type and/or on-the-job training for the purpose of improving the performance of its supervisors, in order to instruct them in supervisory techniques and to improve quality of service rendered to the public. When the City requires an employee to attend training sessions, the City will make every reasonable effort to schedule such training during the employee's normal working hours. A non - exempt employee shall be compensated for training scheduled outside his normal working hours pursuant to Article 20, Hours of Work and Overtime. ARTICLE 13 SENIORITY, LAYOFFS, AND RECALL The City agrees that seniority shall consist of continuous accumulated paid service with the City and shall be computed from the date of employment. In the event a reduction in the work force is necessary the City shall notify the SPEA of such reduction in writing. In the event of the need for a reduction in the work force, normal attrition shall be used first, and then the following procedures shall be followed: A. The City shall determine the areas and the positions within its departments in which tow reductions will be made and the number of positions affected. Supervisors will be laid off only after all the employees under their supervision have been laid off. SPEA Union Contract September 24,1999 19 B. Seniority, skill, ability, and qualifications within departments shall be the factors considered in determining the order of layoff. If in the City's opinion skill, ability, and qualifications low are equal, seniority will govern. C. The City shall make every reasonable effort to permit any employee who would have qualified for retirement or whose pension would have become vested within six (6) months from the date of layoff to work that period of time necessary to acquire needed service for retirement or vesting. D. Employees to be laid off shall be notified in writing as soon as possible after the decision for layoff has been made. The City shall give the laid off employees a minimum of fourteen (14) calendar days notice. E. An employee laid off pursuant to this Article shall be given the opportunity to continue insurance coverage pursuant to the requirements of the Consolidated Omnibus Budget Reconciliation voury Act of 1985 (hereinafter COBRA), and any amendments thereto. In the event a recall of employees occurs, the following procedures shall be followed: A. The City shall determine the areas and positions within its departments in which recalls will be made and the number of positions affected. B. Employees shall be recalled in inverse order of layoff provided the employee has the seniority, skill, ability and qualifications to perform the job. C. Employees shall be notified of their recall to work by registered letter mailed to the address in their official personnel file and shall be given fourteen (14) calendar days from receipt of the letter to return to work. A recalled employee shall notify the City in writing within five (5) working days of receipt of the recall letter of the employee's intent to return to work. D. Recall will be within the pay range for the classification to which the employee is recalled. SPEA Union Contract September 24,1999 2 0 E. Upon recall, all credit for salary fringe benefits and seniority shall be restored. Implementation of this Article may be subject to arbitration, but the decision of the City to make a N ow reduction in the work force shall not be subject to either the grievance or arbitration procedure. ARTICLE 14 DISCIPLINARY ACTION/INVESTIGATION No employee shall be discharged or disciplined except for just cause. In the event an employee is discharged, suspended, or demoted, the City agrees that he shall be provided with written notification of the discharge, suspension or demotion. This notification shall be hand delivered to the employee no later than its effective date or sent by registered mail to the employee at the address in Nay the employee's official personnel file. Upon request, any employee may obtain a copy of any statement reduced to writing which he gave to the City in connection with any contemplated disciplinary action. Any employee under formal investigation shall have the right to be represented at his own expense by counsel or any other representative of his choice who shall be present at all times while the employee is being questioned relative to the alleged misconduct. Questions shall be limited to the circumstances surrounding the allegations which are the subject ofthe investigation. All sessions shall be recorded and there shall be no unrecorded question or statement. During questioning the employee shall not be subject to offensive language or threats of transfer, dismissal, or other disciplinary action. The questioner does not have the right to make a promise of reward as an inducement to answering questions. SPEA Union Contract September 24,1999 2 1 In the interest of fairness to the employee under investigation, the City, insofar as is legally permissible, agrees to make no conclusionary statements concerning the validity of the allegations Now until such time as the investigation has been completed. In the event the employee under investigation or any organization or person representing the employee makes public statements concerning the allegations under investigation, the City shall have the right to respond in any manner it deems appropriate. In the cases where the City chooses to relieve an employee from duty pending an investigation or other administrative determination, the following shall apply: A. The employee may be suspended without pay for a maximum of ten (10) working days. B. At the end of the ten (10) day period the employee shall either be reinstated, terminated, or disciplined. If no disciplinary action is taken, the employee shall be reinstated with all pay restored. Niny C. Should the disciplinary action include time off without pay, any period of suspension without pay shall be considered in the disciplinary action. ARTICLE 15 BULLETIN BOARDS Where City bulletin boards are available, the City agrees to provide space on such bulletin boards for SPEA use. Where bulletin boards are not available, the City agrees to allow the SPEA to place bulletin boards in locations mutually acceptable to the City Manager and the SPEA. liarr SPEA Union Contract September 24,1999 2 2 ARTICLE 16 iirry VOTING During a primary, general, or special election, an employee who is registered to vote and whose hours of work do not allow sufficient time for voting shall be allowed necessary time off with pay for this purpose. Where the polls are open at least one (1) hour before or one (1) hour after the employee's regularly scheduled work period, it shall be considered sufficient time for voting. ARTICLE 17 LEGAL BENEFITS At the direction of the City Council, the City will undertake to defend employees against any legal actions taken against them as the result of their actions while acting in the scope of their employment. The City is not obligated to defend employees acting in bad faith, with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property or where the legal interests of the City are in conflict with the legal interests of the employee. Also at the direction of the City Council, the City agrees to indemnify, within the limitations of Florida law all employees against judgments levied against them as a result of their actions while acting in the scope of their employment, based on the conditions set forth above. SPEA Union Contract September 24,1999 2 3 Aft, ARTICLE 18 CODE OF CONDUCT AND JOB CLASSIFICATION There will be written job descriptions for all employee classifications covered by this Agreement. A code of conduct approved by the City Council is hereby incorporated by reference into this Agreement. Any rule, regulation, standard operating procedure or policy in conflict with this Agreement shall be void. Prior to implementing any change in rules, regulations or standard operating procedures or policies, the SPEA shall be provided with a copy of the proposed change and given an opportunity to provide comments. Any written comment submitted by the SPEA within ten Imp, (10) working days will be considered by the City. ARTICLE 19 LEAVE OF ABSENCE The Department Head may grant any employee a leave of absence without pay for a period not to exceed thirty (30) days. Leaves of absence without pay for a period in excess of thirty (30) days shall be approved by the DCR. Only employees with a sufficient amount of accrued time shall 'fir be eligible for a leave of absence with pay. Any approved leave of absence shall automatically be terminated when the employee obtains full time employment elsewhere. SPEA Union Contract September 24,1999 2 4 For the purpose of this Article, the taking of a day off without pay shall not constitute a leave of absence without pay until an employee has accumulated five (5) days off without pay within any Now twelve (12) month period. Holidays, sick leave, vacation leave, and any other benefit based on time spent in the employ of the City shall not accrue during a leave of absence without pay. Any salary increases for which the employee would have become eligible based in whole, or in part, on length of service with the City shall not be credited during any period of leave of absence without pay. A leave of absence may be granted after the employee has exhausted all of his sick, vacation and personal time accrued. During a leave of absence without pay an employee shall be given the opportunity to continue existing insurance coverage pursuant to COBRA and any amendments thereto. Any employee who is a member of the National Guard or an organized military reserve unit of the United States will be allowed a maximum of twenty (20) calendar days leave of absence with pay at any one time when called to active duty or for training. During such period of leave with pay, the employee's benefits shall continue uninterrupted in the same manner as if he were on active duty with the City. Administrative leaves of absence for additional or longer periods of time for assignment to duty functions of a military character shall be without loss of time or efficiency rating. Pursuant to the Family and Medical Leave Act of 1993, upon request, employees with at least twelve (12) months of service who have worked an average of more than twenty -four (24) hours per week over the preceding twelve (12) mounts (1,250 hours), will be granted leave without pay for up to a maximum of twelve (12) weeks in any twelve (12) month period for childbirth, adoption of a r child, or a serious health condition of the employee or her immediate family member (spouse, parent, child). Employees with a sufficient amount of accrued time shall be eligible for a leave of absence SPEA Union Contract September 24,1999 2 5 with pay. The City will determine the amount of leave available for an eligible employee by using a "rolling" twelve (12) month period measured backward from the date an employee uses any such 'rr► leave. The procedure to be followed in requesting family and medical leave and any additional requirements shall be as set forth in the City's Personnel Policy and Procedures Manual, and as that document may from time to time be amended. ARTICLE 20 HOURS OF WORK AND OVERTIME The following provisions shall govern hours of work and overtime: A. Forty (40) hours shall constitute a normal work week for an employee covered by this +o.► Agreement. Nothing herein shall guarantee any employee payment for a forty (40) hour week unless the employee actually works forty (40) hours or his actual hours worked and his authorized compensated leave total forty (40) hours. B. Non - exempt employees shall be compensated at the rate of time and one half the employee's regular straight time rate or compensatory time off at a rate of one and one half hours for each hour worked in excess of forty (40) during a week, as determined upon agreement between the employee and Department Head prior to the hours being worked. Sick leave shall not be considered hours worked. C. If any non - exempt employee covered by this Agreement is called back to work outside his scheduled working hours, he shall receive a minimum of two hours pay at the rate of time and one half his regular straight time rate. The two hour minimum shall not apply to work scheduled outside SPEA Union Contract September 24,1999 2 6 of regular working hours for which the employee has advance notice, but is intended to compensate employees who are unexpectedly called back to work. 41 urr D. No City official shall take action to cause the non - payment of time and one -half when the employee has performed work which entitles him to such payment. E. Employees shall be given forty-eight (48) hours notice of any change in their regular hours of work. Except in emergency situations, the City will avoid scheduling an employee to work on continuous shifts. If an employee is not notified forty-eight (48) hours in advance of a shift change, except in emergencies, he shall receive one and one -half times the straight time hourly rate for the first eight (8) hours of the new shift. F. All employees will be entitled to a meal break and two rest breaks (morning and afternoon) during each eight (8) hours of the new shift. G. Any non - exempt employee who, in the exercise of his official duties, is ordered or required by the City to appear before any person or agency on his regular day off shall receive a minimum of two (2) hours pay at the rate of time and one half his regular rate. H. It in the discretion of the City Council and/or the DCR, it is determined that civil emergency conditions exist, including riots, civil disorders, hurricane conditions or what is judged to be a public danger or emergency, the provisions of this Agreement may be suspended by the DCR during the time of declared emergency, provided, however, that the wage rates and monetary fringe benefits shall not be suspended, and the right of the SPEA to grieve the suspension of the Agreement shall not be limited. SPEA Union Contract September 24,1999 2 7 ARTICLE 21 HOLIDAYS AND PERSONAL DAYS Nifty The City will recognize the following as paid holidays: New Years Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Day Christmas Day A. If a holiday falls on a Saturday, the holiday will be observed on the Friday before the holiday. If the holiday falls on a Sunday, the holiday will be observed on the Monday following the holiday. *VW B. For those employees working rotating shifts, if a holiday falls on an employee's off duty day, he shall receive an additional day's compensation paid at his regular rate of pay. C. For those employees working rotating shifts, if a holiday falls on an employee's on duty day, he shall be compensated at the rate of time and one half his regular rate of pay for all hours worked on the holiday in addition to his holiday pay. D. Holiday pay shall not be withheld for any reason other than being waived by the employee with the concurrence of the Department Head. In lieu of holiday pay, the employee shall be allowed a day off with pay. The day taken off in lieu of the holiday must be taken within thirty (30) calendar days. E. In order to be eligible for holiday pay an employee must work both his last scheduled work day before the holiday and the first scheduled work day after the holiday unless the absence is SPEA Union Contract September 24,1999 2 8 due to compensated leave. Each employee shall be entitled to three personal days with pay per year which must be taken 4111►- within that Anniversary year. Employees shall not receive pay in lieu thereof. Personal days shall be scheduled with the approval of the Department Head. ARTICLE 22 SICK LEAVE A. Sick leave will be earned at the rate of eight (8) hours for each month of service. These hours shall accumulate up to a maximum of three hundred and twenty (320) hours. After - accumulating the three hundred and twenty (320) hours maximum sick leave an employee shall receive as additional pay the hours in excess of three hundred and twenty (320) up to an additional eight (8) hours for each month thereafter that he does not use any sick leave. If, however, the employee uses any sick leave after accumulating the three hundred and twenty (320) hours maximum sick leave, the employee must restore his accumulated sick leave to the maximum again before he shall be eligible for any additional pay. B. Upon termination of employment, except for the commission of a criminal act as determined by the DCR, an employee is entitled to a lump sum payment for any unused portion of accrued sick leave. In the event of death, an employee's beneficiary shall be entitled to a lump sum `— payment for any unused portion of accrued sick leave. The payment shall be determined by using the rate of pay received by the employee at the time of termination. SPEA Union Contract September 24,1999 2 9 C. Sick leave may be used for illness in the immediate family or donated to any City employee who has an emergency or long term illness. Immediate family is defined as: spouse, children, parents, brother, sister, step - children, grandparents, and grandchildren of either the employee or spouse. D. An employee who calls in without the prior approval of the Department Head to report he will not be at work that day cannot charge it as a day of vacation or a personal day unless he has no sick leave accumulated. ARTICLE 23 VACATION Employees covered by this Agreement shall be entitled to annual vacation leave with pay based on the number of years of service with the City: Less than 1 year 0 hours 1 - 4 years 96 hours 5 - 10 years 144 hours 11 years 192 hours 12 years 200 hours 13 years 208 hours 14 years 216 hours 15 years 224 hours 16 years 232 hours 17 years 240 hours 18 years and over 248 hours A. No employee shall be entitled to vacation leave without having first completed a full year's employment. Upon completion of one (1) year's employment with the City, an employee shall be credited with ninety -six (96) hours of vacation leave. Subsequent to the completion of one year's employment, the employee shall accrue vacation leave on a monthly basis. Every employee is to physically take at least one week off annually for vacation. SPEA Union Contract September 24,1999 3 0 B. Vacation leave accrued, but not used, within any given anniversary period may be carried over and accumulated. Employees may accumulate vacation leave up to a maximum of five +,,,, hundred (500) hours. C. In lieu of taking vacation leave, vacation leave may be cashed in an amount equal to one half of that accrued within the current anniversary period. The amount of compensation shall be determined by using the employee's hourly rate at the time the vacation leave is cashed in. D. Upon termination of employment, except for the commission of a criminal act as determined by the DCR, an employee is entitled to a lump sum payment for any unused portion of accrued vacation leave. The payment shall be determined by using the rate of pay received by the employee at the time of termination. E. Vacations must be scheduled with the approval of the Department Head. Seniority shall be considered by the Department Head in the scheduling of vacations. ARTICLE 24 BEREAVEMENT LEAVE A. When a death occurs in the immediate family of an employee, that employee shall be granted up to three (3) days bereavement leave without loss of pay. Additional time may be taken by the employee as vacation leave, personal days, sick days, a leave of absence without pay or a day off without pay. Now B. Immediate family shall mean spouse, children, parents, brother, sister, step - children, grandparents, and grandchildren of either the employee or spouse. If the employee was raised by SPEA Union Contract September 24,1999 31 someone other than one of the above named, he may request the leave in the event of the death of that individual. vim. C. The City has the right to request a verification of the death. ARTICLE 25 UNIFORM, CLOTHING AND EQUIPMENT Personal equipment (i.e. glasses, watches, etc.) damaged in the scope of employment shall be replaced or repaired at no cost to employee subject to approval of the DCR, and subject to proof of damage and cost of item damaged. The maximum amount the City will pay for a watch will be sixty ($60.00) dollars. The City agrees to have each serviceable vehicle inspected by a qualified mechanic. All Nome vehicles will contain proper safety equipment. The City shall furnish and maintain all types of safety equipment excluding safety shoes. The City agrees that it shall conform to all standards required by the federal government and its regulatory agencies, and shall implement the use of only such equipment that will promote the safety and welfare of all employees covered under this Agreement. The City will provide five (5) shirts and five (5) pairs of pants or shorts to all full time non- clerical employees. The City agrees to pay for one pair of safety shoes per year for non - clerical employees. The cost to the City shall not exceed sixty -five ($65.00) dollars per pair. Employees reporting to work without the proper uniform will not be allowed to work and will not be paid for the time required to return home to change into their uniform. Employees intentionally damaging uniforms will pay for repairs or replacements. Uniforms will not be worn off SPEA Union Contract September 24, 1999 32 duty hours or days off. A terminating employee will not receive a final pay check until all uniforms issued are returned clean. `or ARTICLE 26 INSURANCE The City agrees to furnish bargaining unit members a medical, health, and dental group insurance plan. Employees shall be entitled to choose between an H.M.O. and the standard coverage as it now exists. The City agrees to pay the entire amount of the premium for the bargaining unit member and fifty percent (50 %) for their dependents. The City shall provide life insurance for all employees covered by this Agreement in an amount equivalent to one (1) year's base salary rounded up to the next thousand dollars; however no ' tow employee's life insurance coverage shall be less than fifteen thousand ($15,000.00) dollars. ARTICLE 27 INJURIES An employee who is temporarily disabled in the line of duty shall receive full pay and benefits for the period of the disability, subject, however, to compliance with all of the following conditions: A. The disability must have resulted from an injury or an illness directly related or sustained in the performance of the employee's work. B. The DCR, at his discretion, may utilize the services of a physician mutually agreeable toaw to the employee and City Manager to determine whether any employee claiming disability is physically and/or mentally able to continue working or to return to work. SPEA Union Contract September 24,1999 3 3 C. Paid disability leave shall not exceed ninety (90) working days for any one (1) injury. If, as a direct result of the continuation of the disability involved, the employee is unable to return to 'ter work at the end of the ninety (90) working day period, the employee may petition the DCR requesting that he be carried in pay status beyond the ninety (90) working day period. If the DCR decides not to permit the employee to continue in pay status beyond the ninety (90) working day period, the employee shall revert to normal Worker's Compensation Benefits. D. As a condition precedent to obtaining paid disability leave, the employee must formally assign his Worker's Compensation weekly benefits to the City for the period of the disability leave or any extension thereof. The City agrees that any employee injured on the job or who suffers a job related illness shall be paid for a full eight (8) hours if his treating physician advises that he could not or should not "' return to work. ARTICLE 28 PER -DIEM Employees directed and authorized to use their private automobile for City business shall be compensated at the rate authorized by law. The City agrees to advance any supervisor who is attending workshops, schools, or other City required functions per - diem money at the rate authorized by law. SPEA Union Contract September 24, 1999 34 ARTICLE 29 EDUCATION '`' When the Department Head determines that the best interest of the City is served by the additional education of employees, the Department Head may recommend that the City pay the entire cost. Final approval must be granted by the City Manager. In addition, educational leave may be granted by the City Manager. An employee granted educational leave with full pay shall be entitled to a continuation of all City benefits. Entitlement to benefits for employees on partially compensated or uncompensated educational leave shall be determined by the City Manager. In the case of ongoing coursework, if the employee withdraws from a class without approval of the DCR, fails to pass with a grade of "C" or better, or fails on a pass/fail system, the employee shall reimburse the City for all costs paid by the City. If the employee voluntarily leaves the service of the 'taw City within nine (9) months of the completion of the course she shall reimburse the City for all costs paid by the City. ARTICLE 30 PENSION PLAN The City agrees to continue the present pension plan with all contributions to it paid by the City for all employees vested in the plan as of September 30, 1996. Any changes or additions to the present plan agreed to by the General Employee's Pension Board and the City Council shall be implemented. The SPEA representative shall serve as the employee member on the General Employee's Pension Board. �r.. In lieu of the present pension plan, for all employees hired effective October 1, 1996, or thereafter, on behalf of the employee, the City shall contribute twelve (12) percent of all SPEA Union Contract September 24,1999 3 5 ARTICLE 31 WAGES �,,,► For fiscal year 1999 -2000, the employees shall receive a 4% increase to their individual hourly rates, effective the first full week in the month of October, 1999 and a 1% increase to their individual hourly rates, effective the first full week in the month of April, 2000. Annual employee appraisals shall be prepared on each employee's individual anniversary date. ARTICLE 32 ALCOHOL AND DRUG POLICY A. The City and the SPEA recognize that drug and alcohol abuse is a growing problem within our nation's work force. The parties also recognize the tremendous cost, both in terms of efficiency and in human suffering, which drug and alcohol abuse may cause. Substance and alcohol abuse by employees of the City may have an adverse impact on City government, operations, and the health, welfare, and safety of City employees and the general public. Acknowledging the necessity for action, the following alcohol and drug testing program is hereby initiated for all employees. B. The City prohibits all employees from: 1. Selling any drug, including alcohol or prescription drugs, whether on or off - duty, unless the employee is legally entitled to sell the substances in question. 2. Possessing any alcoholic beverage or unlawful drug while on -duty or on City property at any time. 3. Using any substance including illegal drugs, prescription prescribed tion dru s not g Y g� g g �P P drugs P for the employee by a physician, alcohol, or any other substance which may SPEA Union Contract September 24,1999 3 7 adversely affect job performance. This may include both use while on -duty and use while off -duty which can adversely affect on -duty performance. 'fir 4. Reporting to work with the presence of illegal drugs or alcohol in the body system. C. The City Manager and the Department Head of the department involved shall have the authority to require employees to submit to testing designed to detect the presence of any controlled substance, narcotic drug, or alcohol. When an employee is required to submit to testing it shall be limited to those circumstances which indicate that reasonable cause exists that the employee is under the influence of such substances, suffers from substance or alcohol abuse, or is in violation of City personnel rules regarding the use or possession of such substances. D. In the event the City requests that an employee submit to testing and the employee chooses not to submit to such tests, this shall constitute reasonable cause to believe that the employee was under the influence and shall be grounds for appropriate disciplinary action up to and including discharge. E. If an employee tests positive for alcohol or illegal drugs, the City may impose disciplinary sanctions up to and including discharge. F. Any employee who is arrested for selling illegal drugs while on -duty shall be subject to disciplinary actions up to and including discharge. G. All employees who must use a prescription drug which may cause adverse side effects such as drowsiness, impaired reflexes, or reaction time shall inform their Department Head that they Now are taking such medication on the advice of a physician and of the possible side effects of the drug and expected duration of use. SPEA Union Contract September 24,1999 38 • H. In the event the City requests that an employee submit to drug or alcohol tests, the cost of such test shall be paid by the City. Nir I . Direct involvement in an accident by an employee while on duty may, in the discretion of the Department Head, be considered reasonable cause to require the employee to take drug or alcohol tests. J. Employees required to take regularly scheduled physical examinations may have included as part of the examination a test for alcohol or drugs. K. Employees with job performance or attendance problems shall bear the primary responsibility to seek diagnostic and appropriate treatment for such problems. In the event an employee seeks assistance and treatment for an alcohol or drug- related problem, the following shall apply. An employee may be granted a one -time leave of absence without pay, not to exceed sixty *r (60) days, to undergo treatment for alcohol or substance abuse pursuant to an approved treatment program. No employee benefits shall accrue during this period. The request must be voluntarily made in writing prior to the institution of disciplinary measures for alcohol or substance abuse. L. The result of any drug or alcohol test shall be considered a medical report and shall be deemed confidential pursuant to Florida law. The employee involved shall be afforded an opportunity to challenge the test results prior to any disciplinary action being taken. M. Decisions of an arbitrator under this Article shall be limited to a determination of whether there existed reasonable cause to activate the provisions of this Article. If this issue is determined in the employee's favor, he shall be reinstated. N. The circumstances constituting reasonable cause shall be set forth in writing and signed by the person initiating the allegation before the provisions of this Article shall apply. SPEA Union Contract September 24,1999 3 9 • ARTICLE 33 SEVERABILITY CLAUSE Should any provision of this collective bargaining agreement or any part thereof be rendered or declared invalid by reason of any existing or subsequently enacted state or federal legislation or by a decree of a court of competent jurisdiction, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. The parties agree that they shall meet within thirty (30) days of the date when the contract provision was determined to be invalid, in order to negotiate a replacement provision. Now ARTICLE 34 SAVINGS CLAUSE The Agreement will not deprive any employee of any benefits or protection granted by the laws of the State of Florida, the ordinances of the City of Edgewater, or the personnel rules and regulations of Edgewater. Nr SPEA Union Contract September 24,1999 4 0 • ARTICLE 35 ENTIRE AGREEMENT '441. The Parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written between the parties hereto. ARTICLE 36 ,04.9 NOTICES All notices or other communications required or permitted under this Agreement shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail, return receipt requested, and addressed as follows: If to City: With a Copy to: City Manager City Attorney City of Edgewater City of Edgewater P. O. Box 100 P. O. Box 100 Edgewater, FL 32132 - 0100 Edgewater, FL 32132 - 0100 If to SPEA: With a Copy to: President SPEA Employee Representative Volusia County Supervisor's C/0 City of Edgewater Now Public Employees Association, Inc. P.O. Box 100 1660 Tomoka Farms Road Edgewater, FL 32132 -0100 Daytona Beach, FL 32124 SPEA Union Contract September 24,1999 41 v ARTICLE 37 DURATION OF AGREEMENT om This Agreement shall be effective from October 1, 1999, through September 30, 2001. Upon mutual consent, anytime during the term of this Agreement, the parties may agree to reconsider any provisions of this Agreement. Such consent shall not be unreasonably withheld by either party. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Susan J. Wadsworth Randy Allman City Clerk Mayor Now Dated: APPROVED FOR FORM AND CORRECTNESS: Nikki Clayton City Attorney VOLUSIA COUNTY PUBLIC ATTEST: EMPLOYEES ASSOCIATION, INC. By: Patrick Lee McGuire, Jr. Executive Director Dated: SPEA Union Contract September 24,1999 4 2 AGENDA REQUEST Date: 9/22/99 PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS 'r.► CONSENT AGENDA OTHER BUSINESS X ITEM DESCRIPTION /SUBJECT: Request for McKim and Creed Consulting Engineers to perform a `Water Treatment Plant Evaluation Report" for the City of Edgewater. BACKGROUND: There are several changes to the Safe Drinking Water Act which will impact the City of Edgewater's water treatment plant. There will need to be some modifications to the existing treatment process to ensure compliance with the law and to provide the highest quality water for the citizens served by our system. This study will determine the most cost effective means to accomplish these goals. RECOMMENDATION /CONCLUSION: low I respectfully request the Edgewater City Council approve this budget study and authorize McKim and Creed Engineers to proceed with the work at a cost of $23,252.00. FINANCIAL IMPACT: $23,525.00 FUNDS AVAILABLE: ACCOUNT NUMBER: Water/Professional Services (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A PRESENTED BY: Terry A. Wadsworth, Director of Environmental Services PREVIOUS AGENDA ITEM: YES NO X Date: Agenda Item No. Respectfully submitted: Concurrence: Nolaw Terry A. °: dsworth Kenneth Hooper Hoo �'Y P Director of Environmental Services City Manager TAW:dmc ATTACHMENT "A" SCOPE OF SERVICES AND FEE PROPOSAL WATER TREATMENT PLANT EVALUATION REPORT CITY OF EDGEWATER PROJECT SUMMARY The City of Edgewater currently operates a water treatment facility with a capacity of 5 MGD. The water treatment plant is a conventional lime softening plant using aeration for sulfide and iron removal, followed by dual media filters. Raw water supply comes from several wells drawing on the Floridan aquifer just east and west of the 1 -95 / SR 442 intersection. This water naturally contains a significant amount of dissolved color and total organic carbon. Disinfection is by chlorination followed very quickly by quenching with ammonia to try to control the formation of trihalomethanes. The plant appears to be well- maintained and well operated. The plant currently operates well from a softening standpoint, but probably has not achieved optimum flocculation and clarification of suspended solids and dissolved color in the raw water due to the current limitation of treatment options available at the plant. This would result in increasing the total solids load on the filters and also results in elevated levels of color leaving the plant in the product water. The plant is currently in full compliance with all drinking water laws and requirements, but does often experience consumer complaints about the color in the finished water. `r The City has requested that McKim & Creed undertake a study to evaluate solutions to the current water quality problems. The study will evaluate alternatives to optimize the flocculation and clarification aspects of the existing process, while also evaluating other treatment alternatives that could be added to or operated in parallel with the plant process to better handle color and disinfection byproducts without compromising the existing water quality. In addition the distribution system detention times will be reviewed, especially in Tight of potential connections of customers in the Oak Hill area. SCOPE OF SERVICES STUDY PHASE A. Conduct a Project Kick -Off Meeting with City of Edgewater staff to review the project requirements, collect existing data and information related to the project, and review the schedule of deliverables for the project. B. Review the existing water treatment plant processes, treatment plant capacity and current flow demands as they relate to the water quality problems. C. Review the existing raw water source quality. 4? M & CREED City of Edgewater Proposal for Water Treatment Plant Evaluation Report D. Review the existing distribution system detention times and the impact of potential extensions to serve customers in the Oak Hill area. i'rrr E. Evaluate proposed treatment alternative options to reduce current water quality problems. These alternatives will include at a minimum the following: 1. Optimization of the existing processes to enhance color and TOC removal. 2. Ozonation. 3. Membrane softening. F. Provide an evaluation of the finished water quality likely with each of the treatment options. G. Evaluate the waste disposal impacts with each of the treatment options. H. Evaluate phasing in of treatment options especially in relation to the regulatory climate. Provide an Engineer's Recommendation of the best option, as well as Opinion of Cost and Sample Project Scheduling for each option. J. The City may be requested to provide supplementary laboratory testing of samples for various parameters which we will attempt to keep at a minimum by requesting tests of samples by selected reputable equipment vendors. K. Compile all the above into a Draft Written Engineer's Evaluation Report and present to the City at the 60% completion stage to review. L. Submit Final Draft of the report to the City for review and incorporate City review comments into the final document. M. Supply five copies of the Final Report to the City. CITY STAFF ASSISTANCE The City will be asked to provide assistance to the Project Team in order to complete the engagement on a timely basis. The following is a list if items anticipated to be requested from the City: 1. Existing reports on utility system or water treatment plant not previously requested.. 2. Laboratory testing of samples to be determined later. • /4? MCKIM & CREED City of Edgewater Proposal for Water Treatment Plant Evaluation Report PROJECT SCHEDULE `'�•� We would propose the following Project Schedule: Completion of Evaluations and Submittal of Draft Report 75 Days After Notice to Proceed Submittal of Final Report 30 Days After Receipt of City Draft Review Comments ENGINEERING FEES McKim & Creed proposes to accomplish the above for a Lump Sum Fee of $23,252; see attached Table 1 for a manhour breakdown. The cost of laboratory testing has been excluded from this proposal. �'rrr MCKIM & CREED Table 1 SCOPE OF SERVICES, PERSON -HOUR ESTIMATES, AND PROPOSED NOT -TO- EXCEED FEE CITY OF EDGEWATER, WATER TREATMENT PLANT EVALUATION REPORT HOURS BY LABOR CLASSIFICATION Task No. Task Description I Scope of Services Sr. Project Manager CAD Sr. Engineer Secretary Person Hours COST 1. Kick -Off Meeting 3 4 2 9 $ 734 2. Review Plant Processes 2 20 22 $ 1,920 3. Review Raw Water Data 1 8 9 $ 790 4. Review Distribution Detention Times 2 3 5 $ 475 5. Evaluate Alternative Treatment 4 120 124 $ 10,640 6. Evaluate Finish Water 1 8 9 $ 790 7. Evaluate Project Phasing 1 4 5 $ 450 8. Opinion of Cost, Recommendations, Schedule 4 10 14 $ 1,290 9. Evaluate Waste Disposal 1 4 5 $ 450 10. Prepare and Submit Draft Documents 10 20 2 40 72 $ 3,650 11. Revise Draft Documents and Submit Final Documents 4 4 2 6 16 $ 1,022 12. Meet with City Staff to Discuss Final Documents 3 3 6 $ 585 Sub -Total $ 22,796 Expenses 2% $ 456 TOTAL $ 23,252 City of Edgewater, Water Treatment Plant Evaluation Report August 25, 1999