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HomeMy WebLinkAboutR-1998-160 RESOLUTION NO. 160-98 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DANIA AND THE DANIA GENERAL EMPLOYEES ASSOCIATION, AFSCME, LOCAL 3535 AFL-CIO, COVERING THE PERIOD FROM OCTOBER 1, 1998, THROUGH SEPTEMBER 30, 2001; PROVIDING THAT ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. That certain Collective Bargaining Agreement between the City of Dania and the Dania General Employees Association, AFSCME Local 3535 AFL-CIO, which agreement is attached and made a part of this resolution as Exhibit "A", is approved and the appropriate city officials are directed to execute same. Section 2. . That all resolutions or parts of resolutions in conflict with this resolution are hereby repealed to the extent of such conflict. Section 3. . That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 13th D\AY OF//Op�CTOBER, 1998. ' ). . (X MAYOR-COMMISSIONER A T: ROLL CALL: MAYOR CALI - YES ITY CLE <-AODITOR VICE-MAYOR ETLING - YES COMMISSIONER BERTINO-YES COMMISSIONER MIKES - YES APPROVED AS TO FORM AND CORRECTNESS: By: T OM J. ANSB O CITY ATTORNEY RESOLUTION NO. 160-98 All IGJAAf-'E The Information Management Company E RD 6954 N.W. 12 STREET,MIAMI, FLORIDA 33126 305-477-9149 . 800-287-4799 • FAX 305-477-7526wl j OUANN FgM10APK RROGRAM� I + I I i I i THIS IS TO CERTIFY THAT AMERICAN MICRO-IMAGE,INC. PRESENTS THE FOLLOWING IMAGES AS AN ACCURATE AND i COMPLETE MICROFILM COPY OF THE ORIGINAL BUSSINESS FILES AS EDITED BY THE INSTITUTION INSTRUCTIONS. ; I�o 2.2 ff �ffilhl y � 2.Q 4 AVY� 1.8 lII�I1.25 LA 11.6 + MICROCOPY RESOLUTION TEST CHART NATIONAL BUREAU Of STANDARDS 1963-A CITY OF DANIA BEACH AND COUNCIL 79 AFSCME FLORIDA , AFL-CIO Local 3535 I I i AGREEMENT OCTOBER 191998 THRU SEPTEMBER 307 2001 EXHIBIT "A" I TA- BLE OF CONTENT i - I TOPIC: PAGE: PREAMBLE I DEFINITION-ARTICLE 1 2 RECOGNITION RIGHTS-ARTICLE 2 3,4 MANAGEMENT RIGHTS-ARTICLE 3 5 UNION RIGHTS-ARTICLE 4 6 NON-DISCRIMINATION CLAUSE-ARTICLE 5 7 NO STRIKE-ARTICLE 6 8 DUES CHECK OFF-ARTICLE 7 9 UNION BUSINESS-ARTICLE 8 10 UNION STEWARDS-ARTICLE 9 11 TRAINING AND ORIENTATION PROGRAM-ARTICLE 10 . 12 MEDICAL EXAMINATIONS-ARTICLE 11 13 WORK DAY-ARTICLE 12 14 WORK RULES-ARTICLE 13 15 I BREAKS-ARTICLE 14 16 DISCIPLINE AND DISCHARGE-ARTICLE 15 17 GRIEVANCE PROCEDURES-ARTICLE 16 18-21 PAY AND CLASSIFICATION-ARTICLE 17 22 VACANCIES &TRANSFERS-ARTICLE 18 23 WORKING OUT OF CLASSIFICATION-ARTICLE 19 24 OVERTIME-ARTICLE 20 25, 26 1 UNIFORMS-ARTICLE 21 27 SAFETY-ARTICLE 22 28 ON-THE-JOB-INJURY-ARTICLE 23 29 GROUP INSURANCE-ARTICLE 24 30 SICK LEAVE-ARTICLE 25 31 LEAVE OF ABSENCE-ARTICLE 26 32,33 JURY DUTY-ARTICLE 27 34 BEREAVEMENT LEAVE-ARTICLE 28 35 PERSONAL DAY-ARTICLE 29 36 HOLIDAY-ARTICLE 30 37,38 VACATIONS-ARTICLE 31 39 COMPENSATION FOR USE OF PERSONAL VEHICLE-ARTICLE 32 40 EDUCATIONAL INCENTIVE-ARTICLE 33 41 PENSION-RETIREE BENEFITS-ARTICLE 34 42 LONGEVITY-ARTICLE 35 43 SENIORITY-ARTICLE 36 44,45 SAVINGS CLAUSE-ARTICLE 37 46 WAGES-ARTICLE 38 47 CROSS-OVER WORK ACTIVITIES-ARTICLE 39 48 LAY-OFF AND BUMPING-ARTICLE 40 49, 50 PART-TIME EMPLOYEES-ARTICLE 41 51 TERM OF AGREEMENT-ARTICLE 42 52 SUBSTANCE ABUSE TREATMENT-ARTICLE 43 53-56 LABOR MANAGEMENT COMMITTEE-ARTICLE 44 57 SIGNATURES 58 I I I I i i PREAMBLE: WHEREAS, the parties hereto have established a basic understanding relative to the terms and conditions of employment of the employees of the City; and WHEREAS, it is the intent and desire of the parties to this Agreement to work harmoniously and to promote and maintain efficient and cordial relations between the City of Dania Beach, hereafter known as the "Employer" or "City" and AFSCME Florida Council 79, AFL- CIO, Local 3535 hereafter known as the"Union"and WHEREAS, the City is engaged in furnishing essential public services vital to the health, safety, protection, and comfort of the citizens of Dania Beach,Florida; and WHEREAS,both the City and its employees have a high degree of responsibility to the public in so serving the public without interruption of these services; and WHEREAS, since both parties recognize this mutual responsibility, they have entered into this Agreement as an instrument and means to permit them to fulfill said responsibility; NOW THEREFORE, in consideration of the premises and promises set forth herein and the benefits and advantages accruing or expected to accrue to the parties hereto and those covered by this Agreement by reason hereof, the said parties hereby agree as follows..... I 1 j ARTICLE 1 DEFINITIONS 1. UNION shall hereinafter mean (American Federation of State, County, and Municipal employees) AFSCME Florida Council 79, AFL-CIO, Local 3535 as evidenced by Amended Order # 89E-291, Public Employees Relations Commission, October 9, 1989. 2. CITY/EMPLOYER shall hereinafter mean the City of Dania Beach. 3. AGENCY HEAD shall mean the City Manager of the City of Dania Beach. 4. TERM OF AGREEMENT shall mean the duration of the contract as defined by beginning and ending dates. 5. STRIKE shall mean the concerted failure to report for duty; the concerted absence from one's position; the concerted stoppage of work; the concerted submission of resignations; the concerted use of sick leave; boycotting or disruptively demonstrating by any i employee or employee group; or the concerted abstinence in whole or in part from the full, faithful and proper performance of duties of employment with the City for the purpose of inducing, influencing, condoning, or coercing a change in the terms and conditions of employment or the rights, privileges, or obligations of public employment. This section shall not preclude lawful and peaceful picketing. 6. SENIORITY shall mean total amount of continuous service to the City. 7. CALL BACK is when an employee is called to return to work from home not on his/her regularly assigned shift. i 2 _.. i 4 ARTICLE 2 RECOGNITION The City of Dania Beach hereby recognizes AFSCME Florida Council 79, AFL-CIO, Local 3535 as the exclusive Bargaining Agent for the employees occupying the job classifications set forth in Appendix A. The Bargaining Unit for which this recognition is recorded is as recorded is as defined in Certification Number 590 granted by the Public Employees Relations Commission on October 9, 1989, comprised of all full-time and regular part-time employee's of the City of llama Beach. All newly created positions in the City classification plan which are not included in Appendix A at the time of signing this agreement are hereby subject to mutual agreement of the Union and the City Human Relations Director or his/her designated representative before said classification may be included or excluded from the Bargaining Unit. The aforementioned Bargaining Unit as defined in Section 2 above has been appropriately certified by the Florida Public Employees Relation Commission(PERC)and it is therefore understood that no modification, addition or subtraction to said Bargaining Unit can occur until all procedural steps provided for by statute and PERC Rules and Regulation have taken place, including appearances before PERC and until such time as PERC acts to amend the definition of the Bargaining Unit. APPENDIX A BARGAINING UNIT CLASSIFICATIONS ALL REGULAR FULL AND REGULAR PART-TIME EMPLOYEES EMPLOYED BY THE CITY OF DANIA BEACH PER PERC CERTIFICATION#590,AS FOLLOWS: Accounting Clerk Administrative Aid Attendant Booking Officer Cashier Cook Custodian Dispatcher Distribution/Operator 3 Equipment Operator I Equipment Operator II Lead Operator Lead Maintenance Mechanic License Clerk Lifeguard Maintenance Crew I Maintenance Crew II Maintenance Mechanic Meter Reader Operator Outreach Worker Receptionist/Switchboard Clerk Typist I& II Recreation Aide I & II Safety Inspector Secretary Social Services Coordinator Stores Clerk Waitress . 4 ARTICLE 3 MANAGEMENT RIGHTS Unless otherwise provided in this Agreement, the public employer shall have the right to determine the purpose of each of its constituent departments; determine standards or service to the public, and exercises control over its organization and operation. The public employer further reserves the right to direct its employees, take disciplinary action for just cause, and relieve its employees from duty because of a lack of work or other legitimate reason, provided the exercise of said rights does not prevent employees or their representatives from filing grievances should the exercising of said rights have the practical effect of violating the terms and conditions of employment. The City specifically and clearly reserves the exclusive right to manage, direct and program the i operations of City Government. The City does reserve the exclusive right to hire, fire, discipline, transfer, layoff and promote its employees. The City shall determine the number of work hours, shifts, pay rate and job assignments of its employees and further reserves the right to subcontract, expand, assign or cease any job, division or department, providing that this article is consistent with other articles of this Agreement and Civil Service Rules,as amended. i I 5 ARTICLE 4 UNION RIGHTS SECTION 1: The City agrees that Union officials on employer's premises, and with no loss of pay, shall be allowed to: (a) transmit written communications to the employer authorized by Union officials; (b) consult with the employer on matters mutually agreed to at reasonable times. It is agreed that the above provisions will be handled in a timely and expeditious manner and will not be abused nor hamper the efficient operation of any department or employee within City Government. I SECTION 2: The City further agrees that Union members on employer's premises in non-working areas during their non-working hours,shall be allowed to: (a) distribute Union literature during employee's official non-working time; (b) solicit Union membership during employee's official non-working time; (c) post Union notices on appropriate bulletin boards. i i i I I G 4 ARTICLE 5 NON-(DISCRIMINATION CLAUSE The City and the Union agree that the basic intent of the Agreement is to provide a harmonious working relationship between the City and the Union. It is agreed that no employee shall be required as a condition of employment to join or refrain from joining the Union. Neither the City of Dania Beach nor the Union will discriminate against employees covered by this Agreement as to membership or representation because of race, color, creed, sex, age, i national origin, or disability status. The Union agrees that no officer, agent, representatives or members of the Union will coerce or intimidate any employee into joining the Union. The Union further agrees that it will not interfere with or condone any interference with the free and unrestricted right of any employee or the City to enter and leave City property. i Refusal by the Union to process a grievance for an employee who is not a member of the Union shall not be considered discriminatory. i I 7 A ARTICLE 6 NO STRIKE i i No employee or employee organization may participate in a strike against the City of Dania Beach by instigation or supporting in any manner, a strike. "Strike" shall be as defined in Article 1 -Definitions. Thus section shall not preclude lawful and peacefid picketing, provided said picketing does not interfere with the normal, smooth, efficient operations of any department or division within City Government. I 8 1 ,1 ARTICLE 7 DUES CHECK OFF The City shall deduct dues from the wages of its employees upon written authorization of the employees of the Union. Any employee covered by this Agreement may authorize a payroll deduction for the purpose of paying Union dues. The Union will initially notify the City as to the amount of dues. Such Notification to the City will be from an official of the Union. Changes in Union membership dues will similarly be certified to the City at least thirty (30) days prior to the effective date of the change. The amounts deducted pursuant to such authorization shall be payable to AFSCME Florida Council 79, AFL-CIO transmitted once each mouth to AFSCME Florida Council 79, AFL-CIO, 111 North Gadsen Street, Suite 100, Tallahassee, FI 32301, along with a list of names of employees from whom the deductions are made. Authorization for such deductions shall be revocable thirty- (30) day after written notice to the City and to the Union by the employees involved. I The Union agrees to indemnify and hold the City harmless against any and all claims, suits, orders or judgments, brought or issued against the City as a result of any action taken or not taken by the City under the provision of this section. j' 9 ARTICLE S UNION BUSINESS The Union President, officer, steward, and/or a representative of same, shall be afforded time off from work with pay to attend any and all meetings held during working hours by the City Commission,or meetings with City Administrators that relate to joint City and Union business. Sufficient notice of such meetings shall be given to the appropriate supervisor, and supervisor approval shall not be arbitrarily withheld and/or denied. i I ' 10 i ARTICLE 9 UNION STEWARDS The Union stewards shall be appointed by the Union from each of the designated locations to represent employees in that specific location and shift. The Union will select a Chief Steward who shall be permitted to process grievances and perform other Union business at any work site when the assigned steward is absent or if no steward has been assigned to an area. The Chief Steward shall process grievances of steward(s). The President of the Local or his/her designee shall advise the City's Human Resource Director, in writing of the names of the stewards (and their assignments), the Chief Steward, and all other officers of the Local. Neither stewards nor Union representatives shall conduct any Union business during working time, except as provided elsewhere in this Agreement. The Union agrees that non-employee, steward or any other person or persons shall not solicit membership or nonmembership, discuss Union matters, or distribute Union materials during working hours nor shall such Union Business interfere with the work assignment of the steward involved or the work assignment of other employees. Where a Representative of the Union other than an employee enters the City's property or buildings to investigate a grievance or carry out official Union business, the Representative shall notify the City official office of such visit. i 11 ARTICLE 10 TRAINING AND ORIENTATION PROGRAM The City will,upon hiring an employe provide an orientation and training period along with job description of duties to all new employees in a timely manner. The City shall notify the Local Union President of any scheduled new employee training and orientation program. The City will provide the Union with a list of all new employees and their work locations. i i I 12 ARTICLE 11 MEDICAL EXAMINATIONS I I At City expense, upon hire of an employee, said employee may be required to submit to a medical examination. Subsequent medical examinations shall not be required unless sufficient evidence is present that would prove that the involved employee's performance is impaired or his condition could cause danger to himself or other employees. A medical examination shall not be the exclusive reason for termination of employment but shall be taken into consideration with other factors. Effective 10/01/91 the City agrees to pay for the cost of annual voluntary physical exams for employees up to a maximum limit of$150 according to the following schedule: 100%for persons over age 40 on an annual basis. 100% for persons wider age 40 on a biannual basis. 80% for persons under age 40 on an annual basis. No deductibles shall apply to the above benefit. i i 13 II ARTICLE 12 WORKDAY AY The City agrees to consult with the Unions Local President or Vice President and the Union's Business Agent, prior to making any changes in the daily work schedule. A ten (10) day written notice shall be given except in emergency situations, as declared by City Manager. 14 ARTICLE 13 WORK RULES The City will provide the Union with a copy of any written work rules affecting employees covered by this Agreement that are instituted or modified during the term of this Agreement, before the rules go into effect. I i I IS r i i ARTICLE 14 BREAKS The current practice of breaks for General Employees shall continue throughout this present contract. Department Directors shall establish rules for their respective departments which designate the time,place and manner in which breaks are taken by employees. i I I I I i I 16 ARTICLE 15 DISCIPLINE AND DISCHARGE All employees with permanent or non-permanent status with die City, may be disciplined for just cause. An accused employee must be served notice five (5) working days prior to any hearing or investigation. Said employee shall have the right to have a Union Representative present at any hearing or investigation. "Just Cause" may be defined to mean definite proof of alleged misconduct of an employee in regards to job duties, work hours,ethical practice or violation of Civil Service prohibitions, Rule 11, Section 7, which could cause harni to the efficient operation of the City. "Discipline and Discharge" shall be in accordance with Civil Service Rules as amended. Any member employee terminated for "just cause" shall be entitled to a lump sum distribution of all earned benefits. If discipline is contemplated, the department head shall meet with the employee and/or the Union Representative if so requested by the employee and shall proved the written notice describing such discipline,which shall include the notice that the employee may request a hearing on the matter within ten (10) working days if the employee feels that the disciplinary action is unwarranted. Whenever a determination is made by a supervisor or department head that an employee is to suffer loss of pay for disciplinary reasons, or have use of accrued sick leave denied, he/she shall be given the opportunity within a reasonable period of time, to appeal said action to the City Manager or his/her designee prior to the actual loss of pay. 17 ARTICLE 16 GRIEVANCE PROCEDURES SECTION 1. STEPS: Any claim by an employee, group or class of employee-members of the Union that there has been a violation, misinterpretation or misapplication of any provision of this Agreement, or any rule, order or regulation of the City deemed to be in violation of the Agreement, may be processed as a grievance as hereinafter provided. A. A group/class grievance shall be presented at Step 3 in writing, within ten (10) working days of the occurrence of the events, which give rise to the grievance. The grievance shall be signed by the aggrieved employees or the president or the authorized union i representative. B. If a grievance arises from the action of an official higher than Step I Management Representative, the grievance shall be initiated at Step 2 or 3 as appropriate. The grievance shall be submitted in writing within five (5) working days if the occurrence or knowledge of the occurrence giving rise to the grievance. C. Grievances shall be processed in accordance with the following procedures: STEP 1: The grievant shall present orally his grievance to his immediate supervisor within ten (10) working days of the occurrence or knowledge of the occurrence of the action giving rise to the grievance. An automatic five (5) day extension will be granted, if requested, within the ten(10)day period. A union steward or union representative may be present. Discussions will be informal for the purpose of settling differences in the simplest and most direct manner. The immediate supervisor shall reach a decision and communicate orally to the grievant, within.five (5) working days from the date the grievance was presented to him. II i 18 Step 2. If the grievance is not settled at the first step, the grievant within five (5) working days of the answer in the first step, shall present it to the department head or his designee in writing, signed by the employee. The department head or his designee shall investigate the alleged grievance and shall within five (5) working days of receipt of the written grievance, conduct a meeting between himself, his representative if needed, and the grievant. The grievant may be accompanied at this meeting by a union representative. The department head or his designee shall notify the aggrieved employee in writing of his decision not later than five (5)working days following the meeting date. Step 3: If the grievant does not settle his grievance in the second step, the grievant within five(5) working days shall present the written grievance to the Personnel Director. The Personnel Director shall investigate the alleged grievance and shall within five (5) working days following receipt of the written grievance, conduct a meeting between himself, and/or his representatives if needed, and the aggrieved employee. The grievant may be accompanied at this meeting by a union representative. The Personnel Director shall notify the aggrieved employee in writing of his decision not later than five (5) working days following the meeting date. Step 4. If the grievant does not settle his grievance in the third the grievant within five (5) working days shall present the written grievance to the City Manager or his designee. The City Manager or his designee shall investigate the alleged grievance and shall within five (5) working days following receipt of the written grievance, conduct a meeting between himself, his designee and/or his representatives, if needed, and the aggrieved employee. The grievant may be accompanied at this meeting by a union representative. The City Manager shall notify the aggrieved employee in writing of his decision not later than five(5)working days following the meeting date. If a grievance, as defined in this article, has not been satisfactorily resolved within the grievance procedure, the grievant may request arbitration or, if appropriate, a hearing before the Civil Service Board within fifteen(15) working days. The grievant may select arbitration or a Civil Service hearing but not both for the same action. 19 SECTION 2. ARBITRATION PROCEDURE: A. When either of the parties desire that an unresolved grievance be submitted to arbitration, the matter shall be referred to the Federal Mediation Conciliation Service with notification to the other party. B. The parties will select an arbitrator from a panel or panels of not less than seven (7) choices submitted by the American Arbitration Association (AAA) within two (2) weeks after receipt of a panel of arbitrators. In the event that either party, before any striking of names occurs, feels that the panel submitted by AAA is unsatisfactory, that party shall have the right to request one (1) additional panel. The arbitrator shall thereafter be selected from the panel of arbitrators supplied by AAA by alternate striking of names until one (1) name remains. The Union shall strike the first name. The parties will thereupon notify the AAA which will notify the arbitrator of the appointment. C. The arbitrator shall render a decision within thirty (30) days of the arbitration j hearing or within thirty (30) days of the receipt of any written position of both parties. D. The expenses and fees of any arbitrator shall be borne equally by both parties. I E. The decision of the arbitrator shall be final and binding on both parties. F. No arbitrator functioning under this step shall have the power to amend, modify or delete any provision of this agreement. G. The arbitrator shall be limited to the part of the contract dealing only with the grievance before him. I i 20 SECTION 3. GENERAL PROVISIONS: A. Local 3535 American Federation of State, County and Municipal Employees, AFL-CIO, exercises rights granted under State Statute 447.401 and will not represent non-members of the union in the grievance procedure. Any union member, if they elect to, shall have union representation at any step of the grievance procedure and/or during disciplinary proceedings. B. For the purpose of this section, working day shall mean Monday through Friday, excluding holidays. C. The times indicated on all steps may be extended by mutual agreement. D. When a grievance is reduced to writing there shall be set forth therein: g g 1. A complete statement of the grievance and the facts upon which is based. 2. The section or sections of this agreement that are alleged to have been violated; and 3. The remedy or correction requested. I E. A grievance not advanced to the higher step within the time limit provided shall be deemed permanently withdrawn as having been settled on the basis of the decision most recently given. Failure on the part of the City to answer within the time limit set forth in any step will entitle the employee to proceed to the next step. 1 I 21 1 ARTICLE 17 PAY AND CLASSIFICATION The City shall establish and maintain, on a current basis, a Pay and Classification Plan for all employees whose positions are covered by Civil Service. The Personnel Director shall have the responsibility for proper and continuous maintenance of the Plan. Changes in the duties and responsibilities of any position shall be reported to the Personnel Director by the Department Head. All reclassification requests will be evaluated by the Personnel Director and approved by the City Manager. If the employee affected disagrees with the action taken, then the employee may request, within twenty (20) calendar days, that the reclassification request be reviewed by a classification appeals committee. This committee shall be made up of the following representatives: a) Three(3)employee representatives selected by the Union. b) Three (3) management representatives selected by the City Manager or his designee. ic) One(1)representative selected jointly by the Union and Administration. The committee's finding shall be forwarded to the City Manager for implementation provided funding is available in the affected Department budget. The decision of the City Manager will be final. All examinations and appointments for positions in City government shall be covered by Civil Service Rules,as amended. II 22 ARTICLE 18 VACANCIES & TRANSFERS Vacancies and transfers shall be filled in accordance with Civil Service Rules, as amended. I I . I / 23 ARTICLE 19 WORKING OUT OF CLASSIFICATION The City and the Union agree that at any time a bargaining unit employee is temporarily assigned the duties of a higher class then lie/she will be compensated with an additional rate of 10% assignment pay for the period in said classification to begin on the first day working in that classification. In the event an employee is actually promoted to the higher classification, then the rate of pay shall be determined in accordance with the prevailing rules of procedures contained in the pay plan. There will be a minimum of a 10% increase unless there is only a one step difference between the respective classification, in which case the 5% increase shall apply. However, the City Manager may approve a larger increase involving special circumstances. Classifications included are: 1000 Chief Code/Zoning Offices 1110 Construction Supervisor 1120 Crew Leader Public Works Supervisor(Mike Alenxander) Public Works Superintendent(Leo Williams) 1800 Chief Plant Operator I 24 ARTICLE 20 OVERTIME SECTION 1: All overtime shall be compensated at the rate of time-and-one-half based on the employee's regular rate of pay and shall be paid in the pay period in which it is earned. Overtime pay shall not begin until fifteen (15) minutes after the time a normal shift ends provided the employee has accrued forty (40) hours of work time within a work week. If the time exceeds thirty (30) minutes,the employee will be paid a minimum of one full hour. *Computation of overtime shall include the time for holiday, personal day, vacation and sick leave. SECTION 2: The parties shall abide by Federal or State law applicable to municipalities established to cover overtime and compensatory time. SECTION 3: When it is necessary for the City to require member employees to return to work, (defined as "call back"), not on their assigned shift, the City agrees to compensate the employee a minimum of three (3) hours pay at the established rate of one-and-one-half his/her normal salary provided the employee has worked forty (40) hours in the work week in which call back has occurred. 25 I� SECTION 4: Upon resignation, an employee's compensatory time may be converted to dollars, provided that said employee resigns in good standing or retires. Conversion of a maximum of forty (40) hours will be allowed. SECTION 5: The City agrees to compensate the employee a minimum of three (3) hours pay at the established rate of one-and-one-half times the rate of pay for community service aides, etc., called to court, not on their assigned shift. Also the City will compensate these same persons three dollars ($3.00)per hour for standby pay up to a maximum of six dollars($6.00)per day. SECTION 6: The City will make every effort to distribute scheduled overtime in an equitable manner, provided individuals are qualified for such overtime assignments. Although temporary imbalances in the distribution of overtime may occur, nothing in this Section shall be construed as alleviating the continuing intent of departmental management to distribute overtime fairly and equitably over an extended period of time. Any employee who refuses overtime will be credited as if he worked the overtime hours. Departmental management will maintain overtime records and will make such information available to a Union representative upon request. i 26 A ARTICLE 21 UNIFORMS The City agrees to supply uniforms to employees required to wear them. Employees are forbidden to wear City uniforms during activities other than those directly related to their jobs. Employees who start their work day dressed in an unclean uniform will be sent home for the day without pay. Field employees in the following departments will be provided with safety shoes annually by the City: Utilities, Public Works, Field Inspectors. i I 27 ARTICLE 22 SAFETY The City and the Union recognize the importance of an adequate safety program. The City agrees to provide and maintain an ongoing safety program. The Union will encourage its members to comply with the City's safety program. The City shall provide all necessary safety equipment required by the safety program as well as the State occupational health law. A committee representing each department shall formulate goals for accident reduction. This committee shall be comprised of. Personnel Director, one (1) Department Management representative, the Union President or his/her designee, and one (1) Bargaining Unit employee for the department(s) represented. Goals shall take into account past accident record, size of the work group, and comparative risk work assignments. The committee shall meet at reasonable times on working days during working hours, with the employee representative serving without loss of compensation. If a department is successful in meeting its accident reduction goal for the fiscal year, then each employee of the department who has worked at least six (6) months during the fiscal year, shall be eligible to use one(1) safety bonus day during the next fiscal year. Effective October 1, 1995, the City and the Union will subdivide some departments in the application of this article. I 28 ARTICLE 23 ON-THE-JOB-INJURIES All members are required to report any and all accidents resulting in injuries, even of a minor nature, to their immediate supervisor. Failure to do so may result in jeopardizing their Workers' Compensation coverage. The City shall maintain the prevailing practice of assigning the proper medical attention as approved by the compensation carrier. The City shall agree that in the event of an on-the-job injury to a member, said member shall, after a waiting period of three (3) working days, be carried at full pay and will not be charged against any existing type of leave. Absences during the waiting period may be charged against any existing sick leave. After the three (3) day waiting period, the injured employee shall receive sufficient salary from the City, that when added to his/her Workers' Compensation, the employee will receive the equivalent of full pay. I I The employee injured while on the job will be subject to a periodic review and evaluation conducted by the designated Safety Committee, who will have the authority to recommend to Administration, a reduction in compensation. It shall be the purpose of review to determine the exact extent of injuries, the medical diagnosis, as well as prognosis, and the proper time allotted for Maximum Medical Improvement (MMI). Disability requiring an employee to be off the job for a period beyond six(6) months shall be subject to provisions of the Retirement Plan. After 30 days, employees who are out of work due to an on-the-job injury, shall stop accruing leave time including, but not limited to,sick leave, vacation leave, personal days and holidays. 29 A ARTICLE 24 GROUP INSURANCE The City shall make every effort to offer its employees a cafeteria benefits package consisting of health, dental, life, accidental death and dismemberment,and weekly disability income. The City retains the right to modify its existing group insurance policy at any time during the life of the contract. Modification shall be interpreted to mean any changes in benefit provisions. The City shall meet and discuss with the Union, prior to, any changes in the group insurance plan affecting its members. The City will pick up the full cost of both individual and dependent insurance as modified below. The City will provide 306 credits which shall be the equivalent amount of credits to purchase the existing benefits program. Employees may use their credits to purchase benefits from the menu provided according to the rules stipulated in the cafeteria program. In subsequent years during the term of the agreement, Option 1 (the current benefit plan) will be used as the basis for determining the number of credits available for benefit purchases in the cafeteria plan. I 30 ARTICLE 25 SICK LEAVE The City agrees to maintain the current sick leave accrual policy, yet will slightly modify its use. Employees may take as many earned sick leave days as personally necessary for themselves or for members of their immediate family up to a maximum of five (5) consecutive days upon written request of the Department Supervisor and approval by Personnel. If additional time is further required,employee must follow the same procedures above. Any employee not using sick leave for an entire calendar year shall be given an additional personal day to be used in the following year. Employees hired after January 1, 1995 may only convert 50% of sick leave at termination of employment. I 31 ARTICLE 26 LEAVE OF ABSENCE SECTION I: Any employee member who is on duly authorized leave of not more than thirty (30) days shall continue to maintain all non-paid benefits including seniority and longevity except for extended military leave (as provided by Federal Law). Any employee wishing to continue health benefits during leave shall pay benefits him/herself. Payments of the premiums must be paid to the City seven(7)days prior to the premium due date. SECTION II: Leave of absence without pay for a period not to exceed thirty (30) days may be granted for any reasonable purpose by the City Manager or his designee. Such leave may be renewed or extended for any reasonable purpose so long as it does not hamper the efficient operation of the City and/or Department. The City Manager will have final approval of leave of absences. SECTION III: An employee may, upon request, be granted an unpaid leave of absence by the City Manager or his designee for educational purpose at an accredited institution when it is related to his employment for a period not to exceed one year. This period may be renewed for an additional year at the request of the employee to a maximum of two years provided his/her absence does not present any undue hardship on the department. This shall be determined by the Department Head and the City Manager. I 32 SECTION IV: Employees shall be granted leave of absence with pay for educational conferences, seminars, briefing sessions or other activities of a similar nature that are intended to improve or upgrade individual skill or professional ability by the City Manager or his designee provided such additional funds have been appropriately budgeted. SECTION V: jAny employee who is a member of the National Guard or Military Reserve Forces of the United States and who is ordered by the appropriate authorities to attend a prescribed training program or to perform other duties, shall be granted a leave of absence riot to exceed seventeen (17) working days at full pay, but must turn over to the City the amount of compensation earned during this leave of absence. SECTION VI: Medical leave without pay for a period of up to six (6) months shall be granted by the City Manager or his designee at the request of an employee who provides sufficient evidence, from a j licensed medical doctor,that such leave is medically necessary. 33 R � I i ARTICLE 27 JURY DUTY An employee who is summoned shall be granted leave for legal commitments and shall receive their regular salary while serving as jurors or witnesses under subpoena. In order to receive the payment referred to, an employee shall give his/her Department Head prior written notice that he/she has been summoned. Any compensation received by the employee for this service shall be turned over to the City, except for mileage%travel in order to receive his/her regular salary. I i 34 1 ARTICLE 28 BEREAVEMENT LEAVE The Bereavement Leave policy for employees shall include: a) Leave with pay in-State, three(3) days; b) Leave with pay out-of-state, five(5)days. Leave will be honored provided that death has occurred within the immediate family, i.e., mother, father, sister, brother, step-mother, step-father, step-sister, step-brother, son, daughter, wife, husband, grandmother or grandfather, mother-in-law or father-in-law and grandchildren. Leave without pay may be granted for bereavement purposes for other than immediate family only with written approval of the Department Head or City Manager. i 35 I I ARTICLE 29 PERSONAL DAY Employees covered by this contract shall be entitled to two personal days per calendar year in addition to posted holidays. Department approval will be required for date of use. Any personal days not used within the calendar year will be lost. This provision shall be in addition to the sick leave personal day earned. Personal days may be used after an employee has completed six (6) months of service, however, only two(2)personal days may be used in any calendar year. i 36 ARTICLE 30 HOLIDAYS i The following holidays will be observed: 1998/99: Veterans Day November 11, 1998 Wednesday Thanksgiving Day November 26, 1998 Thursday Day after Thanksgiving November 27, 1998 Friday Christmas Eve December 24, 1998 Thursday Christmas Day December 25, 1998 Friday New Year'sDay January 1, 1999 Friday Martin Luther King's Day January 18, 1999 Monday Presidents' Day February 15, 1999 Monday Memorial Day May 31, 1999 Monday Independence Day July 05, 1999 Monday Labor Day September 06, 1999 Monday I i I II' 37 I 1999/2000 Veterans Day November 11, 1999 Thursday Thanksgiving Day November 25, 1999 'Thursday Day after Thanksgiving November 26, 1999 Friday Christmas Eve December 24, 1999 Friday Christmas Day December 27, 1999 Monday New Year'sDay January 01, 2000 Dec.31'. Fri. Martin Luther King's Day January 17,2000 Monday Presidents'Day February 21, 2000 Monday Memorial Day May 29, 2000 Monday Independence Day July 04,2000 Tuesday Labor Day September 04, 2000 Monday 2000/2001 Veterans Day November 11, 2000 Tuesday Thanksgiving Day November 23, 2000 Thursday Day after Thanksgiving November 24, 2000 Friday Christmas Eve December 24, 2000 (Tuesday,Dec. 26,2000) Christmas Day December 25, 2000 Monday New Year'sDay January 01, 2001 Monday Martin Luther King's Day January 15,2001 Monday Presidents' Day February 19, 2000 Monday Memorial Day May 28,2001 Monday Independence Day July 04, 2001 Wednesday Labor Day September 03,2001 Monday i 38 1 ARTICLE: 31 VACATIONS All employees covered by this Agreement shall be entitled to vacation leave in accordance with the following schedule: More than 1 year, but less than 5 years - 2 weeks More than 5 years, but less than 12 years - 3 weeks 12 years or over - 4 weeks There shall be a two year limit to the amount of vacation days accumulated or length of holding of vacation days. Vacation shall be taken at the employee's discretion with supervisory permission, but in increments of not less than five (5) days. However, employees may split one (1)only forty (40) hour increment per year, utilizing eight (8) hour periods in any combination to a maximum of three(3)splits, e.g. 16 hours/16 hours/8 hours or 24 hours/8 hours/8 hours, with the approval of the department head. Employees who earn more than two weeks of vacation per year shall have the option to convert up to 40 hours of vacation leave to cash at their prevailing rate of pay each calendar year. Requests for leave conversion may not exceed amount budgeted for compensated advances pursuant to the adopted City budget. Employees hired after January 1, 1995 may only convert 50%of earned leave at termination. i I I 39 ARTICLE 32 COMPENSATION FOR USE OF PERSONAL VEHICLE The City agrees to reimburse employees for travel expenses at the City's prevailing rate, should the City request personal vehicle use. In addition, employees cannot be compelled to use their personal vehicle. I I 40 ARTICLE 33 EDUCATIONAL INCENTIVE The City will repay all costs of job related courses taken within the fiscal year provided a passing grade is maintained. Courses must have approval of Department Head, Personnel Director and City Manager prior to application. Employees will receive a one time $25.00 incentive regardless of the number of courses completed, provided a passing grade is maintained in all courses taken. i i I 41 ARTICLE 34 PENSION-RETIREE BENEFITS The City and the Union agree to continue group insurance benefits to retirees. The City shall contribute 5% of the members' base pay to the General Employees Retirement Plan which shall be in lieu of their wage increase for I987-1988, and shalt offset the employees' current contribution rate. This five percent(5%) shall be paid directly (plus accrued interest) to members upon termination of employment unless said termination is due to retirement or the member has vested rights in the pension plan and elects to leave his/her funds in the plan until he/she is eligible to select a retirement option. A drop plan will be effective October 1, 1994. A. Effective October 1, 1995, employees will receive a 2.5% benefit accrual rate for all service. The City well contribute not more than 3%toward this benefit beginning October 1, 1996. If additional amounts are required these shall be paid by the employees through payroll deduction. B. Employees will be permitted to buy back previous years of service with the City on terms worked out by the City and the Union. Employee shall bear all cost related to this item. C. Employees will be permitted to buy back previous years of service with the City on terms worked out by the City and the Union. Employee shall bear all cost related to this item. D. Effective January 1, 1999, employees will receive a 3.0% fixed accrual rate for all service. The City will contribute not more than 8.08% toward the cost of this benefit October 1, 1999 in the form of a pension supplement, which shall be considered employee contribution in lieu of salary increase for the Fiscal year 1998-1999. I J 42 i ARTICLE 35 LONGEVTTY The City and the union agree that regular full-time employees who have served continuously for six (6) or more full years shall receive an annual longevity payment in accordance with the folowwing schedule: Percentage of Base Salary 6 years of service 1.5% 7 years of service 3.0% 8 years of service 4.5% 9 years of service 6.0% 10 years of service 7.5% 11 years of service 8.0% 12 years of service 8.5% 13 years of service 9.0% 14 years of service 9.5% 15 years of service 10.0% For calculation purposes, the cut-off date will be December I of each year. 43 ARTICLE 36 SENIORITY I Seniority as used herein is defined as the right accruing to employees through length of service which entitles them to certain considerations and preferences as provided for in this agreement. Seniority shall mean the length of continuous service an employee has with the City beginning with the date he/she was employed. Regular employees shall have a six (6) month probationary period for purposes of seniority. During this probationary period, the employee shall have no seniority rights. Upon the completion of the probationary period, the employee's seniority shall be dated from date of hiring. Departmental seniority is defined as the length of employment within the employee's current department. employment within the employee's current the leng th of Classification seniority is defined as g Classrfi Y classification. Seniority shall continue and accumulate during the following: 1. Illness under an approved sick leave. 2. Injury in the line of duty. 3. Authorized leaves of absences. I 44 Employees shall lose seniority for the following reasons: i A. Resignation. B. Discharge for just cause. C. Exceeding an authorized leave of absence. In this case, the employee will not continue to accrue seniority, but will retain what they previously earned. Departmental seniority will be given first consideration in hours of work, shift assignment, overtime, subject to approval of department head, and vacation, if qualified. I ' I I I 45 I y ARTICLE 37 SAVINGS CLAUSE If any article or section of this Agreement shall be found invalid, unlawful, or not enforceable by reason of any existing or subsequently enacted State, Federal or Municipal Legislation, all other articles shall remain in full force and effect for the duration of this Agreement. In the case of invalidation, both the City and the Union shall meet at reasonable times for the purpose of agreeing to replace and/or rectify the article(s) in question. I i I I I 46 y i ARTICLE 38 WAGES A. Effective the first full pay period beginning in October 1999, the City shall contribute 8.08%to the General Employees' Pension plan to fund the change in benefit from 2.5% to 3.0%. Should the amount needed to fund this change in benefit exceed 8.08%the Union agrees that the excess amount will be paid through payroll deduction. Should the amount be less then 8.08%,the Union and City agree to discuss the allocation of these funds. B. Effective the first full pay period beginning in October 1999, salary rates shall be increased by 2%. C. Effective the first full pay period beginning in October 2000, salary rates shall be increased by 4%. i D. Effective the first full pay period beginning in October 1999 (October 1, 1999)part/time employees, and regular full-time employees who are in the"Drop Plan"as of October 1, 1998,wages will be increased by 7.75%. Sections A&B above will not apply to part- time and"Drop Plan"participants. 47 1 ARTICLE 39 CROSS-OVER WORK ACTIVITIES SECTION I: The City and Union mutually agree that with the introduction of sophisticated computer software in most departments, the need for cross-training within the "home" department as well as within other departments throughout the City exists. SECTION II: The City and Union agrees that those departments affected by the demonstrated need for cross- training shall be allowed to do so even if the assigned cross-training activities are outside the employees current job description and classification. Employees affected shall also at times be required to perform cross-trained activities in other than their "home" department. Article 19 of this Contract shall prevail where applicable. I 48 ARTICLE 40 I LAY-OFF AND BUMPING i SECTION 1. ELIGIBILITY: Lay-off will be in accordance with: (1)Seniority, and (2)Qualifications, in a classification. SECTION 2. PROCEDURE: When a lay-off takes place, it shall be accompanied by laying off temporary employees first, provisional employees second, probationary employees third, and then permanent employees, in accordance with the criteria established above. SECTION 3. NOTIFICATION: The employer shall forward a list of those employees being laid off to the Local Union when the notices are issued to the employees. SECTION 4. SENIORITY PROCEDURE: When an employee is laid off due to a reduction in the work force, he shall be permitted to exercise his seniority right to bump or replace an employee in the same classification grouping with less seniority if he is qualified to do the job. Employees may, if they so desire, bump an employee in an equal or lower job classification provided the bumping employee has greater seniority than the employee he bumps and has the ability to perform the job. Qualification and ability to do the job shall be determined solely by I management. i 49 SECTION 5. RECALL: When the work force is increased after lay-off, employees will be recalled according to seniority and qualifications. Notice of recall shall be sent to the employee at his last known address by registered mail. The union shall be notified at the same time. If any employee fails to report for work within fifteen (15) days from the date of mailing of notice recall, he shall be considered to have quit. Recall rights for an employee shall expire after a period equal to his seniority, but in no case more than one (1) year from the date of lay-off. Written notice of expiration of recall rights shall be sent to the employee at his last known address by registered or certified mail. No new employee shall be hired until all employees on lay-off who have agreed to return to work have been recalled in the same classification. Probationary employees have no recall rights. SECTION 6. Terms of this Article shall apply exclusively to bargaining unit members. No right shall exist for a bargaining unit employee to displace a non-bargaining unit employee in the same or similar classification for any reason. li 50 ARTICLE 41 PART-TIME EMPLOYEES Any and all sections of this Agreement between the General Employees and the City, apply mainly to full-time regular employees. However, in order for the Public Employees Relations Commission to approve the GEA as the exclusive bargaining unit for the General Employees, part-time employees could not be excluded from the unit. It is the position of the City to formally recognize part-time employees as members of the unit, yet our current fringe benefit package designed for regular full-time employees will not be made available to part-time employees. Any and all agreed upon wage adjustments throughout the current contract year will be enjoyed by both full-time and part-time employees. Vacation allowance for permanent part-time employees who continuously work a minimum of forty (40) hours bi-weekly, will be calculated at 1.54 hours per pay period for 1-5 years of employment, 2.31 hours for 5-12 years, and 3.08 hours for 12+ years of service. Part-time employees who work continuously for more than 30 days in a full-time capacity, will have the vacation accrual factor adjusted to the equivalent full-time rate at the beginning of the following pay period. The specific articles the City wishes to be excluded from part-time participation are: Article#24 Group Insurance Article#28 Bereavement Leave Article#29 Personal Day Article#33 Education Incentive Article#34 Pension-Retiree Benefits Article 435 Longevity Temporary employees shall earn no benefits except as required by applicable state or federal law. Effective 10/01/93, part-time employees who regularly work 20 hours/week or more shall earn 2 hours sick leave per month. This provision shall not apply to temporary part-time or seasonal part-time employees. 51 • e 1 ARTICLE 42 TERM OF AGREEMENT After a majority vote of those Union members voting on the question of ratification and thereafter upon its ratification by an official resolution of the City Commission ratifying the Agreement and authorizing the City Manager to sign the Agreement on behalf of the City, then the Agreement upon being signed by the appropriate Union representatives and the City Manager, shall become effective October 1, 1998. The Agreement shall continue in force until September 30,2001. i 52 ARTICLE 43 SUBSTANCE ABUSE TREATMENT The City may require any employee to submit to a drug test only when it has a reasonable suspicion that the employee to be tested is under the influence of or using illegal drugs or narcotics. The term "reasonable suspicion" for the purposes of this policy shall be defined as follows: 1. Aberrant or unusual on-duty behavior of an employee. 2. Behavior which is recognized and accepted symptom(s) of intoxication or impairment caused by controlled substance except those listed in schedule V of F.S. 893.03. 3. It is not reasonably explained for resulting from causes other than the use of controlled substances. Such behavior must be observed by their immediate supervisor or a higher supervisor and the Department Head or his designee. The employee will be given an opportunity to offer such explanation to the observing supervisors prior to being ordered to take the drug test. No drug testing mill be conducted without the written approval of the Department Head or his designee and either the City Manager or the Personnel Director. Said approval to indicate who is to be tested and why the test was ordered, including the specific objective fact constituting reasonable suspicion and the names of any source(s) of all the information. A copy of this document"shall be provided to the employee. Refusal to submit to drug testing after being ordered to do so may result in disciplinary action. i I i I i 53 The following procedures shall apply to the blood and urine tests administered to the employees: A. The City may request urine and/or blood samples. The employee, at his sole option, shall upon request,receive a blood test in addition to the urine test. B. The test shall be performed at a reputable hospital laboratory, certified by the State of Florida as a medical laboratory which complies with the scientific and technical guidelines for federal drug testing programs and the standards for certification of laboratories engaged in urine drug testing for federal agencies issued by the alcohol, drug abuse and mental health administration of the US Department of Health and Human Services. C. Urine and/or blood specimen(s) shall be drawn or collected at the laboratory, hospital or medical facility at which the specimen is to be tested. A union representative shall be allowed to accompany the employee to the test and observe the collection of specimen. If the City or the labor-atory requires an observer when the urine specimen is given, the observer shall be the same sex as the employee being tested. All specimen containers and vials shall be sealed with evidence tape and labeled in the presence of the employee and union representative, if available. 1 D. At the time the urine specimen or blood samples are collected, three samples shall be taken. Two samples shall be tested. In the event of conflicting results between the first two (2) tests, the City may require additional tests on these samples as it deems appropriate. In the event that an employee "tests positive" on both samples, the employee will be given an opportunity to test the third sample at a laboratory selected by the Union so long as chain of custody procedures are followed.. .The cost of testing the third sample shall be borne by the union or employee.` v The failure of the union or the employee to have the third test performed or to present the results to the City shall not be used against the employee as a basis for discipline, and shall not be introduced or referred to in any arbitration or appeal proceeding. I I I I 54 In the event the City's tests prove positive, the employee shall then have 72 hours to present to the City any different results from the test of the third sample. After considering the results of the third test presented by the employee, if presented, the City may discipline the employee subject to the just cause requirements of this agreement. Results of urine and blood tests performed hereunder will be considered medical records and held confidential to the extent permitted by law. Tests shall be performed for the presence of alcohol,non-prescribed controlled substances,chemical adulteration and/or narcotic drugs. The following standards shall be used to determine what level of detected substances shall-be considered as positive: DRUG SCREENING TEST CONFIRMATION t�_MPHETAIvIINE 300 NG/ML AMPHETAMINE 300 NG/ML GC-MS MARIJUANA 100 NG/ML DELTA-THC 100 NG/ML GC-MS COCAINE 300 NG/MI.METABOLITE 300 NG/ML GC-MS OPIATES 300 NG/ML MORPHINE 300 NG/ML GC-MS PCP 25 NG/ML PCP 25 NG/ML GC-MS METHOQUA LONE 300 NG/ML300 NG/ML GC-MS I Levels which are below those set above shall be determined as negative indicators. Tests for other non-prescribed con-trolled substances will be in accordance with federal government screening and confirmation standards. The employee shall be presented with a copy of the laboratory report of all specimens which were tested. At the conclusion of the drug testing, in the event a positive test is indicated on two specimens, the City may take disciplinary action. In the event said action is in the form of discipline, the employee may grieve said discipline through the contractual grievancelarbitration procedure. 55 Any discipline imposed for the first offense during the term of this agreement shall be held in abeyance pending voluntary completion by the employee of a substance abuse treatment program mutually agreed upon between the City and the employee, the cost of which shall be covered by the City's group health insurance program as any other illness. If the employee successfully completes such a program and is not again disciplined for substance abuse within one year of the initial incident, the discipline shall be revoked and may not be used as the basis for any disciplinary action in the future. Employees who seek voluntary assistance for alcohol and substance abuse may not be disciplined for seeking such assis tance. Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or officers without the employee's consent. Employees enrolled in substance abuse programs as out patients, shall be subject to all City rules, regulations and job performance standards, with the understanding that an employee enrolled in suah a program is receiving treatment for an illness. I 56 ARTICLE 44 LABOR MANAGEMENT COMMITTEE 44.1 The City and the Union agree to establish a labor-management committee effective October 1, 1995. This committee will be comprised of four (4) members. Two (2) members representing management will be a Department Director appointed by the City Manager and the Personnel Director. Two (2) representatives of the Union will be chosen by the Union. 44.2 This Committee will meet quarterly,or upon request of either party. 44.3 The Committee will discuss the development and implementation of a pay for performance system during the term of the agreement. 57 FOR TIE CITY: WITNESSED: MAYOR l CITY FOR THE UNION: WITNESSED: DEPUTY ADMINISTRATOR N/A l f SECRETARY APPROVED FOR FORM AND CORRECTNESS: CITY ATTORNEY ATTESTED: CITY CLERK-AUDITOR I DATED: November 4, 1998 58 • i � , I f � } i, ! ' ,, � �� �: , , �.a � �` , ,. _ L