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HomeMy WebLinkAbout1997 Resolution No. 110• • • RESOLUTION NO. //() SERIES OF 1997 A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING CON'JlRACT BETWEEN THE ENGLEWOOD FIREFIGHTERS LOCAL NO . 1736 AND 'rm: CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY 1, 1998 THROUGH DECEMBER 31, 1998. WHEREAS, the previous Collecti-.e Bargaining Contract with the Englewocd Firofightero Local No. 1736 was for the ye..r of 1997; and W'fEREAS, the City of Englewood and the Englewood Firefighters Local Nc. 1736 entered in•.o negotiations on May 15, 1997, in accordance with the ,;,,glewood City Home Huie Cha, ter; and WHEREJ'.S, the members of the Englewood Firefighters Local No. 1736 du!; ratified, by a majority of the tnembers, the Collective Bargaining Contract; and Wlu.:REAS, aprroval by the Englewood City Council of the Collective Rargaming Contract between the En glewood FirPfighters Local No. 1736 and the City oi E=.&iewood for the year of 1998 , is hereby given; NOW, THERE.FORE , BE IT RESOLVED BY THE cm COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sw.i.lw..l . The City Council of the City of Englewood, Colorado hereby appron,s the Collective Bargaining Contract het\»een the Englewood Firefighters Local No. 1736 and the City of Englewoorl for the period of J.muary 1, 1998 through December 31, 1998, z,::ached hereto as E1':tibit A. Sl:mw!.l. The Mayor and the City Clerk are hereby authorized to sign and a:::est the Collectiv e Bargainin~ Contract betw een the Englewood Firefighters L.o;al :-lo. : 736 and the City ot Engle.vood, r 1.orado , for the year of 1998 . ADOPT": ,P APPROVED this 15th day of December, 1997 . !, Loucrishia A. Ellis , City Clerk for the City of Englewoo<l, C ora~o. hereb :, certify the above 1s a true copy of Resolution No !!f2, Senes of 199 / • I Date December 15, 1997 Initiated By COUNCIL COMMUNICATION I Agenda Item 10c i Staff Sourer, I SubJect Collectlve Bargaining Agreement between the City and the EFFA for 1998 Departmen t of Adm inistrative Services Tom ,erehisnlk, Acting Director of .~dm inlstrative Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The previous Collective Barga inin g Agreement with the Eng lewood Fire Fighters As sociati on was approved by Coun cil for 1997. RECOMMENDED ACTION Staff requests Cou ncil approva l of the 1998 Collect~,e Ba rgaining Agreement betwe en the Englewood Fire Fighters Association and the City of Eng lewood. The cont ra ct covers approximately 50 employeeS.. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED • The City ot Englewood and the Eng lewood Fir e Fighters As soci ation entered into nogotiatio,1s in May of 1997 in aa:ordance with the City of Englewood Charter. The members of the Englewood Fire Fight ers Association duly rat ified , by a majority vote , the Collective Bargaining Agreement. The significant chan ges to the contract are as follows: 1. Unde r ,i...rtlcie 8 , page 5, employees ~vered by the Contract will re ceive a !h ree and one-qua rte r percern: ·3.25°'o) increase on the 1997 base wage rate effectr,e Ja nu ary 1, 1998. 2 . Artide 33 on page 2 1 was added to the contract to addr%:; tht Slate cf Co lorado 1Jeath and Disabtlir Co ntribution. Effective January 1, 1997, the St.<.l e trans ferced responsih,iity for the funding of this benefit to local jurisdictions. The co nlribu 1,011 is requi red for all n£v• hires after January 1. 1997. The City and new Fire Fighters will each be responsible for 50% of the contrib uc,on. This am ounts to 1 .2'• of gross pay for each party. ANANCIAL IMPACT The impact ::rl the salary increase on wages. and benefits imp ~,;ted by wages, is approximately S93,000 for 1998 . T~e impac t of the State Dea th and Disab;lity con tribution is approximately S450 per new hire . It :s proiected that there will be three new hires in 1998. The aggreg ate cost of th e cont ribution Nill he less than S1 ,400. UST OF ATTACHMENTS Proposed ·e:so luno n EFFA Collec:ive Bargaining Agreement fo r 1998 • ..; . COLLECTIVE BARGA.rslNG CO~IRACT BETWEE.~ THE E:--IGLEWOOD FIRE FIG F-:"TERS LOCAL 1736 • AND TIIE CITY OF E:--IGLEWOOD FOR THE YEAR _9 93 AR11CLE 1 RECOGNITION Page ARTICLE 2 EMPLOYEE RIGI-ITS Page ARTICLE 3 BULLETIN BOARDS Page ARTICLE 4 DUES DEDUCTION Page ARTICLE 5 RULES AND REGUU..TIONS Page ARTICLE 6 DURATION OF CONTRACT Page ARTICLE 7 HOURS OF WORK Page ARTICLE 8 COMPENSATION Page ARTICLE 9 OVERTIME Page ARTICLE 10 ACTING PAY Page ARTICLE 11 ANNUAL LEA VE Page ARTICLE 12 PERSONAL LEA ,ff. Page ARTICLE 13 ( lSABILITY -TEMPORARY Page ARTICLE 14 DISABILITY· ON-THE-JOB INJURY Page ARTICLE 15 MILITARY LEA VE Page ARTICLE 16 FUNERAL LEA VE Page ARTICLE 17 JURY DUTY AND WITNESS SERVICE Pa ge Page ARTICLE 15 HOLIDAYS ARTICLE 19 VOTING LEAVE Page ARTICLE 20 TRADI NG TIME Page t ~ ARTICLE 21 LEA VE WlTHOUT PAY Pag e • < • INPEX • (CONTINUED) ARTICLE 22 UNIFORMS Page 15 AR1ICLE 23 AtmOMOBILE ALl..OWANCE Page 16 ARTICLE 24 INSURANCE Page 16 ARTICLE 25 08',AL INSURANCE Page 17 A.lmCLE 26 UFE INSURANCE Page 17 AFTICLE 27 RETIRE:\-!ENT BENEFITS Page 17 ARTICLE 28 LAYOFF Page 17 ARTICLE 29 EDUCATIONAL INCENTIVE Page 18 ARTICLE 30 SETI1.E:VIENT OF DISPUTES Page 18 ARTICLE 31 SUPIPI..IES Page 21 • ARTICLE 32 Dl>-1!.JG TESTING AND PHYSICAL FID<""ESS Page 21 ARTICLE 33 DE~TH A.'ID DISABILITY ASSESSMENT Page 21 ARTICLE 34 EXO..USrvENESS OF CONTRACT Page 22 COLLECTIVE BARG~NING CONTRACT BETWEEN THE ENGLEWOOD FIRE F!GfITERS LOCAL 1'1736 AND THE CITY OF ENGLEWOOD FOR THE YEAR 1998 This contract is entered into by and between the City of Eqlewood (hereinaft,:r referred to as the "City") and the Englewood Fire Fighters (hcre..aaditcr referred to as the "Union"). It is tht purpose of this contract to achieve and maint:tm harmonious relations between the CirJ and the Union; to provide fo r equirabl,: and peaceful adjusnnent of differences which may arise, and to establish i:-roper standards of -iies. hours and othe r conditions of employment. Except where limited by express provisions elsewhere in this ODntract, nothing in this contract shall be construed to restrict, limit, or impair, the rights, powers and authority of the City as granted to it under the laws of the State of Colorado and ;he City's Charter and Municipal Code. The rights, powers, and authority include, but .re not lircited to , the following: A The detennination of Fire Depanment policy includbg the right to manage the affairs of the Fire Department in all respectS. B. The right to assign working hours, including overtime. C. The right to establish , .nodify or change work schedules . manning of appararus, amount of appararus in the main or reserve fle et. etc. D. The right to direct the membm of th e Fire Depar=nt inclu ding the right to hire , promote, transier or discipline or discharge for cause , any :ire fighter within the Fire Department. E. The table of organizati on of the Fire Dep art ment i.'lcluding the righ t 1;:i organize and reorganize the Fire Department in any m:mne: it chooses. incl ud ing the size of the Fire Department and the determination of job classifio:io= and ranks based upon duties assigned. F. The determination of the safety. health and properr! protectio n measure fo r the Fire Department. • • • • G. The allootion and assignment of work to all fire fighters within the Fire Department. H. The determination of policy affe ;ting the selection or training of fire fighters. I. 'The sche duling of operations and the determination of the number and duration of hours of assigned duty per week. J. The establishment, discontinuance, modification and enforcement of Fire Depanment rules, regulations and orders. K. The transfer of work from one position to another within the Fire Department. L The introduction of new, improved or different methods anci techniques of operation of the Fire Department or a change in the existing methods and techniques. M. The pl:icing of service, maintellllDce or other work with outside contractors or other agencies of the City. N. The determination of the number of ranks and the number of fire il;;hiers within each r.mk. 0. The determination of the amount of supervision necessary. • ARTICLE 1. RECOGNITION • The Cicy recognized the Union as the organization certified pursuant to the Chaner of the City of Englewood, as the sole and exclusive col!!ctive bargaining agent for all full. time classifi~d Englewood Fire Fig.'iters including Fire Fighter, Driver-Operatot -Engineer, Fire /\.iedic and Lieutenant. ARTICLE :C . EYIPLOYEE RIGHTS A A full-tim e class ified employ,.e covered by this contract shall have the right. 1. To form, joi n, support or participate in or to refrain from forming, joining, supporting or participa ting in any employee organization or its lawful activities; and 2. Barg.tin collecti vely through their certified empl oy ee repre se ntative . 3. No emplr,y ee sh all be interfered with , restra ined , coerced or dis .i minated against becau s~ of the exercise of these -'~hts nor shall the right of an individual employee to discuss emp loyment concer, ,th the Ci,y be infringe d upon . 2 ARTICLE 3. BUU.ETIN BOARDS A The City agrees to provid'.f sp= in the fire station for Union bulletin boards wh ich sha ll be properly maintaine<l by-me Union. They aro to ~ used for the following notices : I. 3. 4. 5. Union meetings. Union elections. Reporu of Unioc mmmittees. Rulings of polici«:$ of the International Union. Recreational or social affai rs of the Union . 8 . The union agrees that there shall be no other general distribution or posting by the Union or employees upon City l)ropecty, provided, however, the Director of Safety Services may permit other material DOl g,roviclcd for above at his/her discretion to be posted or distributed . The material posted sh:!l11 not co ntain anything reflecting derogatorily upon the City, any of i!S employees, or any odler organization of City employees. The City agrees that during working hours on City pre.:nises and without loss of pay, Union members may be allowed to : attend Union and/o~ management meetings , post Union notices, solicit Union membership during employee's non-uric time, and one on-duty representative will be allowed 10 assist ao empl o} ·e on grievances. or appeals, provided advance notice is given to the Director and the work load pernu!S. ARTICLE 4. DUES DEDUCTIO N A The City agrees to dedua the :;:lion dues twice each month from the poy of those employees who individually re-qti:::St ii. <>-,~ting that such deductions be made, subject to the garnishment laws of the State of Colorado. The amounts to be deducted shall be certified 10 the City Finance Dire= by th e Treasurer of the Union, and the aggregate ded uctions of all employees shall be remi,..!:d togethe r with an iten ,•:.~d statement to the Treasurer by •ie 15 th of the succeecing month, afu.r such deduct ions are made . The auth oriza ti on shall be re voca ble duruJ.g th e term of the Contract, upon a thirty (30) day written notice by the empl oy ee to the Cic:, Fioa ncr Director. 8 . De duction shall be mao~ from only two (2) payments of wages each month , except th at if wage s are not paid an a ·Jth o rized emp loyee on the last payday of J given month , deduction fo r that month ..,,7! be r:mde fr om any wages which may be paid to him /her on the next succeeding final mo nthly City payday. It is expressly understo od th at the City assumes no liability and sW not e liable fo r the collec tio n or payment to the Union of any dues du ring any time th:at an employee is not actually working fo r the City and acrually on th e payroll of the City. ID the event of error on the checkoff lis t, the City will not be responsible to make adjumne:m, until noti fi ed by the Tre:J.Surer of th e Unio n. C. The Union shall inde=tify an d bold the City harmless against any and all claims, sui t, orders or judgrr:ent brou.gbt or issued against the City as a result of any ae11o n taken or ~01 taken by the City undl!r the ;;revision of this Article. • • • • • • D. Changes in the dues amount to be deducted shall be limited c.o two (2) ch anges each year and provided a thiny (30) day writ\cr: notice is provided CD the City Finance Director. E. Should I.be change in the deduction wnount or me thod require a a>mputer programming change, the Union ~hall be responsible for that cost of such change or chan1c.,, at $30.00 per hour with a four ( 4) hour maximum. P.ayment from the Union shall be made to the City Finance Director within ten (10) days of receipt of billing. ARTICLE 5. RliLES A.ND REGULATIONS A. Ex cept as limited by the express terms of this contract, the City retains the right to promulgate reasonable rules, regulations, policies, proc~durc' JOd direcrives. Said rules, regulations, policies, procedures and directives which are an alleged violarion of I.bis , Jntract shall be subject to the grievance procedurr . B. The Ci ty agrees to consul t with the Union concerning the for=lation of changes of rules and regulations , policies, procedures and directives . ARTICLE 6. DURATION OF CONTRACT A This contract shall take effect on January l , 1998, and shall :onriml,c in force to and including December 31, 1998 . B. Thi.I contract or any part of it, m1y be terminated or renegot iated ar any time by mutual consent of both panics . C. If any article or section of this contract should l-e hclo invalid br operation of law or the District Court, or if compliance with or eoforcemen: 0f any articl e CN section sh ould be restrained bv such Distr.ct Court, the remainder of this c~ntract shall re:n ai n in full fo•:e and effect. and the panics shall promptly meet and co n.fer for the pm,>OSe of attempting to arrive at a mutually satis factory replacement for suer aniclc or sec::ioo. D. The partie~ agree and under..tand that provisio!'IS relating to eoployees covered by this contract s':all in no way di splace or modify present or furure suruiwry cas e law of the State of Co1 orado. E. The pan ics acknowledge that during negoti atio ns which res iL~ in th is -:ontract, each had the unlimi ,ed right and opponunity 10 make dema•.1ds and proi;o,.al s with r~spect to any subject or matter ap propriate for meetings and to confor and have dis.::-.1.Ss ions and that the understandings and agreements arrived at by the parties after this =cisc of that right and opportunity are set forth in this contract. 4 ARTICLE 7. HOURS OF WORK A. For those employees assigned to shift work, the work schedule shall normally consist of any average of seventy-two (72) hours of work in nine (9) consecutive dnys , reoccurring work c:,des based on a tw.!nty-four (24) hour alternating basis of Berlcley system. B. Employees assigned to non-shift worlc shall normally be scheduled for an average of at least forty ( 40) hours of work in seven (7) consecutive day reoccurring work cycles. C. It is specific:illy understood and agreed that nothing herein shall oo construed as guaranteeing employe es a minimum or maximum number of hours per day or per week. D. The work schedule may be changed by the Director o' y Serlices provided a minimum nine (9) days advance notice is given. Work scbedul , • m .. y be changed without advance ootice in the case of emergencies as determined by the Director of Safety Services. ARTICLE 8. COMP8'SATION A. Toe salary schedule that becomes effective on January l , 1998, is as follows , and reflects an increase of 3.25% over the 1997 salary schedule. Regular Straight Premium or Time Hourly Ove rtim e -8.aIL ~ .MQ.ruhh'... Ailllllill Firefighter (probationary) Sl0 .78 $16.16 $2,615.00 S 31,380.00 Firefighter III 12.27 18.40 2,977.25 35,727.00 Firefighter II 13.50 20.24 3,275.00 39 ,300.00 Firefighter I 14.85 22.::?7 3,602.50 43,230.00 Firemedic II 14.85 72.27 3,602.50 43,230 .00 Firemedic I 16.33 24.50 3,962.75 47,553.00 Driv,ir /Operator I Engin eer 16.33 24.50 3,962.75 47 ,553 .00 Lieutenant 17.96 26.94 4,35 9.08 52,309 .00 • • • • B . (1) The pay rate for Driver Operator Engir.-eer i1, i 0% more thllll Fire Fighter I. The pay rate for Ucutcnant is 10% more than lbc rate for Driver Operator Engineer . (2) The base wage rate for Fire Fighter II is ten percent ( 10%) below the base wage rate for Fire Fighter I. Toe base wage raJC for Fire Fighter Ill is ten percent (10%) below the base wage rate for FIJ'e F,glner II. (3) In no event shall an employee's base wage rate be reduced for the year 1997. C. The compensation figures identified in Paragraph A above arc based upon the number of regularly scheduled hours per month and per year including overtime, and arc nm adjusted for because of the city's biweekly pay system. The methodology used in determining the hourly, premium/overtime, monthly and annual compensation is contained in Appendix B attached. D. The hourly rate set forth above is the employee's s=ight time hourly wage rate for the purpose of computing premium/overtime compensation.. The annual compensation reflected in Paragraph A above includes compensation for sdle<fidcd overtime. E. In the event the seventy-two (77-) hour work scheduRe based upon a nine (9) day reoccurring work cyc!e identified under Section 7(k} of t!Je Fair ubor Standards Act is adjusted or amended, the houi-ly wage ra te identified in Table I shall be acjusted so that the end result shall continue to reflect an annual gross compensation as idenriEed in Paragraph A. • F. Effective January !, 1988, in addition to their regular hourly wage rate, qualified • employees holding the rank of firefighter who are assigned and :.nthorized by the Fire Chief to perform on a regular basis Fire Medic duties shall receive a ten (il0%) percent wage increase over and above the affected employees ' regular hourly wage rate. G. In addition to their regular hourl y wage rate, shift rm: investigators assigned and authorized by the Director of Safety Services will receive S!00.00 90r month or its hour ly wage rate equivalent. ARTICLE 9. OVERTIME A. Star.r.ard Overtime. 1. l:pon determination that the reporting of ~ned personnel to the duty shift is below the City established level. the call to off-duty personnel for overtime wi ll be made. 2. No n-exempt employees covered by this contr.a.£1 working in positions other than their actual rank are counted in acting capaci i::,. In the event requ irements nece ssitate posit ions be fiiled with actual rank, pe~so nnel of said rank will be order,,.,l in . 6 3. Non-exempt employees covered by this cor .tract shall receive overtime • compensation for work performed over and above 1he assigned work schedule. Any overtime compensa1ion for !raining shall be pursuant to lhe provisions of the Fair Labor S1andards Act. All overtime compensa1ion shall be calcuiated at time and one-half (1 1/2) of the employees regular wage rate . 4. The person working overtime will be paid acrual hours worked for that position which be/she fills. The method used to select Fire Fighters 10 work overtime situations will be contained in procedures published by the Director of Safety Services . The procedures will provide a fair and equi1able distribution of overtime. The procedure will contain a selection process whereby an eligible individual will not forfeit his/her position in th~ selection process if: less than a twelve-hour block of time is worked; if the employee is sick or on annual leave: or if this would require the employee to work seventy-two (72) conserutive hours, or mo re . Refusal for sickness wiU be accepted only if the employee was absent the lasl duty day due to illness or 1emporary disability leave. Annual leave is the period of time from the end of the last day worked until the employee rerurns to duty. However, if an employee is on annual leave, he /s he has the option to work on any but his/her own shift. 5. If no off-duty personnel wish to work, the Shift Commander will order in the first pers on he /she contacts following the nonnal rotation. If the overtime person is not at the assigned station by 0700. the person off duty will automatically be given one (I) hour overtime, minimum. and !hereafter in half ( 1/2) hour incre men ts . • 6. If at any time during the shift !he absent personnel returns to duty, the officer in charge will relieve the person working that overtime position. The person working the overtime will be paid a minimum of two (2) hours worked. If more tha n ·wo (2) hours are wo r;,ed, his /her time wiU be computed to the nearest next l1al f (1/2) hour. 7. No e,,,e other than 1he Di rector of Safety Se rvices , the on-duty Shift Commander. or ac1ing Shift Comma nder, Union representative, at th e request of !he employee. with the employee and managem ent personnel preser,t, shall have access to or review the overtime cards. An1· ~erson not following this policy or found tampering with the file will be subject 10 disciplinary action by the Director of Safety Se rvices. B. Emergency Overti me. I. Eme rgency overtime is defined as a multi-alarm situation or disaste r where more than normal manning is required and mu st be 3uthorized by the Director of Safety Services. 7 • • • • C. 2. When non-exempt employ= covered by this contract work overtime on an em rgency call back basis. !bu ovemme shall be computed on a forty (40) hour duty week wnge basis. C01ubined overtime. 1. When a non-exempt employee covered by this contract is working a standard overtime shift and responds ro an emergency with other employees called an emergency overtime, be/she will be compensated OD the emergency overtime basis during the period of that emergency. D. Compensatmy Time . 1. Compensa\Ory time inclu..dmg WIUSCd personal leave, holiday time a.u d overtime hours may be accumu!at=i as compe nsatory time up to a maximum of 150 hours. 2. Accumulated compensatory iboun may be cashed out for pay subject to a maximum of 75 hours per year. 3. At any time during the yeu .at the City's option any compensatory time accumulated by an employee in =ss of seventy-fiv e (75) hours may be cashed out for pay at the einployee·s regcl:ar hourly wage rate. 4. Employees must notify the Department by October 1 of each year, of their intention of recei ving compensawry pay in lieu of time off. Payout for compensatory time hours ac crued ..ill be based on the total number of hours OD record as of October 1 of each y=. 5. The use of com pensatory ti:ce off sh all be dete rmined by the needs of the Depanment and taken at times approved by the Directo r of Safety Services . 6. (a) A, tt:e employee's aption. compensatory time induding unuse d personal leave hou rs ar.d :mlid.ly hours shall be transfen ed into a compensatory time bank Sll bjec: to D.l abo ve or paid Jut at the employee ·s regular hourly wage rate. (b) At the employ~e ·s option. any overti me hours accrued may be transferred into th ~ compe cs.atory ti me bank sub ject to D. l above or paid out. 7. All compensatory hours in =s.s of 150 will be paid or taken in tim e off ~t the di screti on of the Directe r of Safeiy Serv ices . 8 ARTICLE 10. ACilNG PAY All acting positions assigned and authorized by the Director of Safety Services or the Director's designated representative will be compensated at full pay. The employee mus, be in the position three (3) consecutive shifts before the employee becomes eligible for aal.ng position compensation. Such pay shall be retroactive to the first day the emplr)yee assumes responsibility of the position. Acting assignments will be made accord ing to the following procedure : Actin~ DOE First Priority -Eligibili ty List Second Priority -Check-off List Third Priori ty -Fir e Fi3 hter III Founh Pr io rity -Fire Figh ter II ~ First Pri ority -Eligibility List Second Priority • DOE/Ftre Fighter ID Third Pri ori ty • Fire Fi ghter II ARTICLE 11. ANNUAL LEA VE A schedule: Shift work employe es shall be ent itl ed to annual leave according to th e following 1-4 ye:irs continuous service 5-9 years continuous service 10-14 ye:irs cont inu ous servi~e 15-19 years continu ous service 20+ years con tinuo us serv ice Hourly Accumulat io n ~•D.!h... 13 ho u,. 15 19 21 23 Annual Total l!ll.lm 156 180 228 252 276 S<t jfq, 6.5 7.5 9.5 10.5 11.5 In or der to qualify fo r annual leave credit durin g the month. th e empl oyee ma~: have wo rked at least one-half (1/2) of the working days of th at month excluding au tho riz,~ paid leave. Annual leave shall not be gra nted to any em ployee until he /she has bee:,, in th ~ e:npl oy of th e Ci ty for at least one ( l) ye ar unless otherwi se auth orize d by tho Cirect or of Saiery Services. B. The maximum accu mulat ion of annual leave shall be r,, ·, (2) times th e emp ioy~e ·s nonnal ann ual leave accumula tion. 9 • • • • • • C. Method of Se lection -The selection for use of annual leave shall be by seniority . The first round of selcc:mon begins by those employees with greatest seniority choosing first and these with less senio rity choosing last. The second round of selection will begin with those having le ss seniority .:fwosi ng fir st and those with more seniority choosing last. 0. Use -Tite ,sdicdule for use of annual leave shall be determined by the needs of the Department. Ammal leave shall be taken at a time convenient to and appro ved by the Director of Sa ty Ser,.~ E. Annual Leave Pay -The rate of ann ual leave pay sh all be the employee 's regular straight time ho~r ly = of pay for the employee's regul ar job and charged on a workin g hour basis, exclud ing regular days off. Annual leave shall be allowed only to the total hourly amount accumulated at the beginning ,,f the leave, as verified and authorized by the Director o( Safety Setvices . Employees may receive their annlllll leave pay, provided the employee makes a written request to their supe rvis or and approved by the Director of Safety Setviccs fifteen ( 15) calendar days pri or to di e start of th eir annual leave . F. Minimum Usage -lhcrc shall be a one {l) shift minimum use of annual leave time for shift workers with the foll ,iwing exception: If an employee covered under this contract has used all of the personal leave provided to rum/her for the year, the employee may use annual leave of less than one (1) shift as approved and authorized by the Director of Safe ty Sctviccs or the Directors des ignated representa tiv e. G. Annual Leave Pay Upon Separati on -Any employee who is separated from the sctvice of the City, i.e_ retirement, terminNion or layoff, shall be compensat ed for the unused ann ual leave time ac=ulated at the time of se parati on. ARTICLE ! • PERSO:-<AL LEA VE Effective Januar:· 1. 1988, all shift work empl oyees covered by thi s contra ct shall be grant ed nine ty-sL, (9 6) bours of pers onal leave v.i th pay which an employee is entitled to use for the fo llo wing purpo...<.cs: A Tim e las, as a result of illness /injury to th e employee or th e empl oyee 's immedi ate family. B. Atte:1d pe:;onal business. C. Leisure ti=:e. For any employ~ we.a bas not use d the run ety •SiY. (96) ho ur s of perso nal leave . th e City will co mpens ate said e::.p10_1ee fo r the un used tim e at the emp loye e's regu lar wage rat e to be pai d in the second pay ;:i,eriod in :Sovember of each ye·ir. Personal leave time shall not exc eed ni nety-six (96) hours nor ;ball it be ac cumu late d or carri ed over fCC\m one year tc th e ne xt. In th e event of illness /injt.:.ry in whi ch personal leave is requested , th e empl oyee sh all notify bis/her supervisor at le:;.st on e ( 1) ho ur prior co the empl oyee's sche dule d re pon ing time . 10 At the emp \oyee's option, unused personal leave hours as c!iescn'bed above may be transferred intc, the compensatory time bank subject to Anide 9..D or paid out at the employee's regular hourly wage rate. ARTICLE 13. DISABil.ITY • TEMPORARY (NON JOlrRELATED) A. Definition. Temporary disability is leave granted for nae-service connected injury or illness of an employee which disability prev ents the employee from p,erfonning his/her duties as a City employee . B. Provision -During the life of this contract, the City agrees to provide temporary disability leave with pay for employees absent as a result of illness fmjury at the rate of one hundred percent (100%) of the employee's regular wage up to ooc hundred twenty (120) calendar days/forty ( 40) ~hifts. C. Temporary disability leave shall not be accum ulative e:mcept that on January 1 of each year, the City shall restore one hundred percent (100%) of the ccmber of days/shifts used by an employee during the preceding year up to a maximum of sixl:y (60) days or twenty (20) shifts . D. Utilization . • 1. Authorization for temporary disability leave wiIO pay shall only be granted after the first shift/day of disability. • 2. Authorization for temporary disability shall be granted for the following reasons: a. Illness or injury of the employe e not se::vic e connected , including maternity. E. Sick Leave Option• Ali sic k leave accrued by employees prio r to Janu ary 1, 1980, shall vest with the employee , and may be use d in th e foll owin g m=ner: 1. After th e one hund red twenty (110) da ys /for.y (40) shifts as des cribed above have been use d, unless the employee is enti tl ed to retir ement as a result of disability . 2 . By cashing in all accrued sick leave accumuwced un der the previous plan upon normal retirement fr om th e City at the rate of o ne ( l) hour's pay for eac h two (2) hou rs of accrued sick leave at the e:npi oy~·s regular rate or on e (1) hour's pay fo r each fo ur ( 4) hours upon separation f:r<l m the City. 3. By cashing in accru ed sick leave under th e pr=ious plan, once each year at the conversio n rate of four (4) h,1urs sick leave for one (1) ho •Jr pay, not to exceed a conversion of more than four hundred ( 40 0) hou rs each year. 11 • • F. Reponing of Temporary Disa bility • The employee or a member of the employee's household sh all notify the employee 's Shift Commander at least thirty (30) minutes prior to the employee's scheduled reponing time. No temporary disability leave will be granted to an employee who fails to notify their Shift Com n .. rnder prior to the beginning of the employee's work schedule . The employee's Shift Commander may waive the (eponing requirement depending upon the circumstances surrounding the temporary disability. G. Verification of Disability • An attending physician's statement will not be necessary unless required by the Director of Safety Services . H the Director requires the em pl oyee to see a phys ician , the City will pay the cost of such e~amination and/or office visit. H. Abuse of Temporary Disability · Abuse of temporary disability occurs when an employee misrepresents the actual reason for requesting temporary disability or when an employ ee uses temporary disability leave for unauthorized purposes. An emplo yee who makes a fals e claim for temporary disability leave shall be subject to disciplinary action or dismissal. ARTICLE 14. DISABILITY· ON-THE-JOB INJURY A. For an:r on-the-job injury which causes any employee to be absent from work as 11 result of such injury, the city shall pay to such employee his/her full wages from the first day of b:is/ber absence from work up to and including the 90th calendar day of such absence, less wh=er sums received by the employee as disability benefits under work:nen 's compensation. The Chy reserves the right to require any employee on injury or disability leave to su bmit to 1lD examinations by City-a ppointed phys icia ns at the City's expell.je or under the provision of • workme11's compensations or the retirement /pension provision as pro vided und er State statut e. • B. All inj uries that L•ccur during working hour.; shall be reponed to the employee's supervisor within twenty-four (24) hours of the injury or before the employee leaves their department of employme nt unless circum stances beyond the cont ro l of the employee would not ;,ermit ARTICLE 15. MILITARY LEA VE A. Any permanent or probationary employee who enlists or is in ducted into the military, naval . air or other armed servi ces of the United States in time of war shall oe entitle d 10 a leave of ab se nce with out pay fo r th~ dura ti on of such war or unt il honorabl y discharged , whic:i ever occurs first. and for one(!) year thereafter . B. Any emp loyee who sh all be a mem be r of th e Natio nal Gua rd or any othe r compo nent of th e mil itary fo rce s of th e Stat e, now or hereafter organiz ~d or cons titu ted unde r :h e State or fede ral law, .shall be entitled 10 a leav e of absence from his /her em ployment ·.witho ut loss of pay, se:iio rity , st atus, efficiency rating, vacat ion , sick lea ve or other benefits ior all the time whe:t he /she is eng age d with such organizatio n or component in training or active ser,,ice ordered or authorized by proper autho rity pursuant to la w, whe ther fo r State or federal purposes, but no t exceeding iifteen (15) days in any cale nd a r year. Such leave sh all be allowed 12 in case the required military service is satisfacumly performed, which shall be presumed unless the contrary is established. • C. Such leave shall not be allowed unless the employee returns to his/her public position immediately upon being reli~ved from such military service and not later than the expiration of the time herein limited for such leave, unless he/she is prevented from so returning by physical or mental disability OF other cause not due to bis/her own fault or is required by proper authorities to continue in such military service beyond the time herein limited for such leave. D. Subject to provision A, B and C above, the City shall provide full pay to an employ c granted military leave, less wbaie,re: compensation the employee may have received by the nulitary for such service . ARTICLE 16. FUNERAL LE.A VE The Director of Safety Services shall grant leave with pay to an employee to attend the funeral of a member of the employee's family. The number of days granted shall be governed by the circumstances of the: case, but shall oc at least one (1) shift and in no event shall they exceed three (3) of the employees regularly :assigned shifts. For the purposes of this section "employee's family" shall mean the employee's spouse, or the children, grandchildren, parents, grandparents. brothers and sisters of the c:nployce or of the employee 's spouse and other members of the family at the discretion of dlc City. ARTICLE 17. JURY Dl.JTI AND WITIIESS SERVICE Leave may be granted to an employee for serving on jury duty or as a witness in his/her official capacity in obedience tc a subpcenz or direction by legal autho rity. He /she shall be entitled to the difference between bis/her regulat compensation and the fees received for jury duty or as a witness. When be /she is sub~naed as a wimess in private litigation to testify, not in bis /her official capacity but as an m6idual. th e time absent by reason thceoi sh all be taken as accrued leave or leave with out pa,. ARTI CLE 18. HOLIDAYS A. (1) Be ginning Jan uary I. i989, shift wo rk em ployees coverer.'. by this contract will be eligib le fo r sc venty•t\-...., (7::) hours ;if holiday ti me-off or pay . (2) The pa yment for ho li c.3ys will be made the fim pay period in December of each year based on the e::iploye e's regu lar straight time hourly wage rat e. Employees must notify the '.)epa:iment by October I of each year , of their intention of receiving holida:s pay in !ie u of time off. l3 • • • • • (3) For employees to be eligible for holiday pay/time off, the empioJec must have worked at least one-half ( 1/2) of the scheduled hours each month ezfoding authorized paid leave . ( 4) Holiday pay for tcnninating and new hire employees will be dcramined on a monthly pro rata basis. (Example: If an :mployee retires on JUIIC' 30, 1989, the employee is eligible on a monthly pro rata basis for six (6) months or one-h:tlf (1/2) of the seventy-two (72) hours holiday benefit) (S) At the employee's option, holiday hours as described above !l!ltly be transferred into the compensatory time bank subject to Articl e 9.D or piiid out as the employee's regular hourly wage rate. B. Forty ( 40) hour employees will not be eligible to receive a bo :May pay cashout, but shall receive the days off on the eleven ( 11) officially recoemzed City holidays provided the employee has actually worked or had approved paid leave on the day immediately prior to and following a holiday unless otherwise approved by tbl! Safety Director. A shift work employee who is assigned to a forty (40) hour assigmn= during the course of the year will be paid the pro rata holiday pay cashout at the end of that year for the period that he was on shift work. ARTICLE 19. VOTING LEA VE All emolovees will be allowed a reasonable time off as. authorized bv the Di:r---ctor of Safety Services without loss of pay to vote . This time will be used by the employee oni to vote. TICLE 20 . TKADfNG TIHE A. Employees may be permitted to secure another Fire Fighter of equal ra.:ik and qualifications to substitute for them sub ject to the approval of their Shift Commander. Toe employee substituting shall be responsible to work the scheduled shift and any absence shall be charged against that employee . Any request for substirutes shall be signed by bo th Ere Fighters and approv:tl of the Sh ift Commander shall also be in writing . B. Trading time shall he governed by the following criteria: l. The trading of time is done voluntarily by the employees par:icipiring in the trade. 2. The reason for trading time is due to the employee 's desire or ::ie :d not because of Fire Dep amnent operations . 3. lf a trade reque st is denied by a Shift Commander. the Shift Co=ande r shall provide a written statement to the requesting employee with th e r=on for denial of the request. 14 ARTICLE 2L LEA VE 'WITHOlIT PAY ..Eliiihililx Permanem employees may be iranted a leave of absence without pr..1 for reasons of education which IS allied 10 the duties of the City, settlements of an estate, child care, serious illness of a memlic,r of tbe employee's family, but shall not be used for the purpose of obtaining employment elsewbere. Leave without pay sball not exceed six (6) months of any year but may be extended upo n request for an additional six (6) months. The total leave time shall not exceed onr. (1) yez. Upon return from approved leave, the employee will be restored to their fonner position ff ,vailiible or to a position comparable for which the employee is qualified. During periods o! unpaid leave, employees shall not continue to accrue service credit or be eligible for any UIJ benefits. Agg)jcn,tjon for L#ave A requ e!t fo r a leave of absence ·,d :hout pay shall cc submitted in writing by the employee to the Direc-'.or of Safety Services . The request shall indicate the reason the leave of absence is beq requested and the approximate length of leave twl e requested . Considerarion nf leave Request The Dir=or of Safety Services ma.y grant or deny leave re que sts, taking into considc rari on the Department's work force , work load and the employee 's re quest. Unl ess m:::i.snal circumstances exis t, an employee who fails to return by the date of leave exp ira tion shall ;';,e consi dered to have vo luntari ly resigned fr om the service of the City. ARTICLE :?:.. l 'NIF ORMS A. (: If an employee is required to wear a unifonn and /or safe ty equipment, the e::::p loy~ shall wear the uniform and /or safe ty equipm ent only as authorized or re,q uired by th e department work rules. All empl oy ee s shall maintain a p:cseruab le appearance while on duty . The employee is respo ns ible for an y c:.m:ig~ to the uniform or safety equipment by ne gligenc e or del iberate act. The C..-y "'ill be responsible fo r provid ing all uniforms and safety equipment. (:) Th e Department on a replacement basis will bear the co st of repla ceme nt .:=:iforms. The ne w repla cement unifo rm wi ll me et or exc eed recogni ze d indu stry s=darcis such as th os e pub lished by OS HA. NFP A or the U.S. Bur eau of S=cbrds. B. ~ould th e Department au tho rize or re quire a spec ific wo rk/sa fety sh oe , the Oepartme::t ·-~ provid e sa id sho es which will be cons ide red pan of the req urr ed uni fo rm . If 15 • • • • • the Depanment requires and provides the shoes as described above, lhe footwear allowance os provided in C below "'ill be reduced to fifty percent (50%) of the cost of authorized footwear up to SS0.00 per year. C. Subject to conditions described in B above, the Department will provide fifty percent (50%) of the cost of authorized footwear up to S75.00 per year. D. Physical fitness sweatshins, sweatpants, and running shorts will be provided by the Fire Department for employees engaged in the Depar .ment's pbysic:il fimess program. The above clothing will be provided according to an as-needed basis, determined by the Dire~ior of Safety Services. E. Cleaning • The City will be responsible for providing deaning for all uniforms and/or safety equipment. ARTICLE 23. AlITOMOBILE ALLOWANCE A Fire Fighter who is specificaliy authorized by the Director of Safety Services to operate his/her personally-owned automobile in conduct of City business shall be paid in mileage in accordance with the City'~ vehicle mileage policy. ARTICLE 24 . INSURANCE A ( !) Beginning January I, 1990, the City w;n pay 85% per month of the premium cost for dependent and single coverage for the City's self-funded health insurance plan. (2) Beginning Jam1ary 1, 1990, employees will pay fifteen percent (15%) of the monthly premium cod for dependent and single coverage for the City's self- funded health Insurance : 'an. B. Any dispute concerning the interpretation or application of benefits provided under the Health Insurance Plan shall be subject tc the dispute resolu tio n procedure only. (It is expressly under.:iood that this Article is a non-grievable item und er this contract.) C. It is understood and agreed that should the premium costs for the City's health insurance be reduced during the life of this coc;tract, the City anci :mpioy ees will equally share in the premium rate reduction. Example: If premium rates are reduced five percent (:%), the employee 's premium contribution shall also be reduced five (Sc;;:) . 16 _-Yn!Cl.£: Zi. DENTAL INSURANCE A Beginning January l, 1990 the City will pay eighty-five percent (85%) of the pr:=ium cost for dep,mdent and single coverage for dental insurance. Employees will pay ~ percent (15%) of the premium cost for dependent and single cc verage for dental icsurance. B. Any dispute concerning the interpretation or application of benefits under the D'emal Plan shall be subject to the dispute re~')lution procedure only. (It is expressly m::iderstood that this Article is a non-grievable item under this contract.) C. It is understood and agreed that should the pr emium costs for the City's dental i:t::snrance be reduced during the life of this contract, the City and employees will equally share re the premium rate reduction. Example : If premium rates are reduced five percent (5%), the employee 's premium contribution shall also be reduced five (5%). ARTICLE 26. LIFE INSURANCE Term life insurance will be provided by the City for employees covered by this contract o.f 530,000 for each employee . Upon retirement the employee may conven the life insurance =ount that is in effect at the time of retirement up to 520,000 if the employee has not reached • a;ge 65. From age 65 to age 70, :he conversio,i privile ge would be reduced by 40 %. The • c:mxim um conversion privi lege would then be Sl>.\000. ARTICLE 27 . RETIREMENT BENEmS A Retirement benefits and contribution levels will continue as provided under the City Plan and Sr.:i te Statute . B. The City agrees to allow retirees and future retirees a conversion privilege to th e ::ieaJth insurance conversion plan available through the City . For employees who retired on or ~fore Decembe r 31, 1995, the City agr~es to pay fifty percent (50%) of the cost of coverage ::,f th e health insurance conversion plan or other plan selected by the retiree up to a maximum of 575.00 per month for the employee and including the employee's dependents . For employees wh o retired on or after January 1, 1996, the City agrees to pay fifty percenc (50%) of the cost of coverage of the health insurance conversion plan or other plan selected by the retiree up to :a :na'timum of 5100.00 per month . It is the intention of the Ci ty to phase out this provision. ARTIC LE 28 . lA YOFF Whene ver the re is lack of wo rk, lack of fu nds. or other le 6iti mat e re~nns requiring reduc:ions in the number oi employe es. the appo inting autho ri ty shall designate tho iositions 17 • • in which the layoff is to be made. Upon such determination, the required number of employees in the affected position shall be placed oa a layoff list or transferred by the appointing authority, each in order of his/her relative lenp and quality of service as shown by the personn.el records. Employees on layoff 5llaJl be recalled in the order of seniority provided that those rncalled have the demonstrated ability llld same qualifications to perform the available work as dciermined by the City. Aily employu in a higher rank, if laid off, may tranSfer to the previous lower rank. The layoff list sball temrinate after eighteen (18) months. ARTICLE 29 . EDUCATIONAL INCENTIVE Upon recommendation of the Director-of Safety Services and after prior approval of the Administrative Services Department, the City of Englewood shall reimburse a permanent, full- time Fire Fighter upon successful completion of an approved course or courses in education or vocational training at an accredited college or univ ersity . The course or t~ai~g must be related to the work and be designed to impr~e competence in the job, as dete:mined by the City, and be of value to the Fire Fighter's service to the City. This shall include at: tuition , and required texts . Refunds wili be at the pub li c msti rurion rate . ARTICLE 30 . SETTLEME NT OF O:SPtJIES A grievance is de fi ned as an allege d violation of a spec ific provision of this contr act. The emplo~ce and the Association shall be rccrwrcd w follow the procedure as set out below : e.siw • If an emplo yee is unable to settle the gritvance or dispute orally and informall y through his /her shift commander within five (5) working days of the date of the occurrence of the grievance, or the employee's knowledge of it, the employee may, within the succeeding five (5 ) work days, file a written grievance with his /her Sil pervisor. The shift commander shall attempt to adjust the matter an d shall respond in wri~ to the employee within fi v, (5) wor k da ys. ~ 'f th e answ er is not satisfactory, th e matte : shall be pres ente d in writin g by the empl oyee to the Division Chief wit hin five (5) wo rk days following re cei pt of the Shift Comm an der's response . Th e Divisi on Chief shall respond in writing to the emp loyee within fiv e (5) wo rk day s. ~ If the answe r is not sati sfa ctory, the mane: sh all be presented in wri tin g by th e emp loyee to the Dir ecto r of Safety Services within fiv e (5) work days fo llo ,vi ng recei pt oi th e Di vis ion Chi efs response. The Directo r of Saiety Se rvi= shall resp ond in writing to the empl oye e wi thi n five (5) work days . 18 If the grievance still remains unndjustetl, it shall be presented 1,y the employee 10 the City Manager in writing within five (5) work days following receipt of the response of the Director of Safety Services. The City Manager or his/her designated representative sh.ill respond in writing within ten ( 10) work days. If the grievance is still unsettled, the Association, within ten (10) work days after receipt of the nnswer by the City Manager or his /her designated representative, may by written notice request the matter be submitted to either mediation or arbitration. (a) Mediation. (1) If mediation is requested, the parties will attempt to mutually agree upon a mediator. U within five (5) days of the request for medintion the Association and the City cannot mutuall y agree oc the mediator, a request will be filed with the Am erican Arbitration Association for a panel of seven (7) mediators to be sent to the parties . (2) The media tor wi ll be selected by a method of alternative striking of names from the panel, with th e first strike determined by a coin flip. The fioal name left on the panel will be the mediator. The mediator will convene a meeting of • the parrie s as soo n as possible an d attempt to develop a se ttlement of the • grievanc e whic h is acceptable to both panics. Any such settlement will be in writing and will he dated and si gned by representatives of the Association and the City and by the mediator . The terms of any such settlement will be implemented by both parties. U a settlement is not reached through the mediation proce ss, the mediator "ill notify both parties in writing that the mediation process has concluded. Such notice concludes the grievance procedure . (3) The fees of the mediator shall be borne equally by the Associ ation and the City . (b) Arbitration. (1) If the Assoc iation requests arb itration. the parties will attempt 10 choose a mutually agreeable arbitrator. If within five days of the request for arbitr:1ti on th e Association and the City cannot mutually agree on an impanial arbitrator. a request wi ll be file d wi th the American Arbitrat io n Association for a pa nel of seven arbitra to rs to be sen t to the parties. The arbitrator shall be selected by a method of alt ernativ e striking of nam es from th e pan el, with the first smke de termi ned by a coi n fl ip . The fina l name left on th e panel shall be chi! arbitrator. The arbitrato r shall be requested to issue a decisio n within thirty (30) days after conclusion of testimo ny and argume nt. 19 • • • • (2) Each party shall be responsible for compensation to its own representatives ell wimesses. The fe~ of the arbitrator shall be borne equally by the Associatioa .mid th.: City. (3) If either party desires .. verbati/Jl record of the proceedings, it may cause such a record to be made, provided it pays for the record and malces a copy available to the arbitrator. If the other party wishes to have , copy of the tr:lIIScript it shall share all costs for the transcript. Authority of Arhj1ra1or Thi: arbitrator shall have ::io power to add to or subtract from or change the terms of this Contract. The written decision of the arbitrator shall be final and binding upon the panics . The arbitrator shall limit bis decisio n strictl y to the grievance submitted which has been properly processed through the grievance procedure outlined . Jime Limits Failure by an employee to comply with any time limitation shall constitute a settlement of the grievance. Should the employer not respond within the prescribed time, the grievance will automatically proceed to tfne next step. Qrie vance..QJ21i2n It is agreed that should tlr,e appeal procedure as provided under 138 :3 of the City Chaner or applicable ordinance provisions be utilized, recourse to the grievance procedure included in this Article shall be waived. Processimi Grievance Purina v.;ork Houo Grievances may be inves:igated and processed by the employee during working hours within reasonable time limits "'i!bout loss of pay provided notice is given and the work load pemtits. The employee shall be allowed to attend hearings while on duty. Or;tl and Written Corrective "'-c;ion Oral Corrective Action -Whenever grounds for corrective action exist and the supervisor determines that the mcident, action or behavior of the employee is such that more severe action is not imme diatcfy necesary, the supervisor should orally communicate to the employee the supervisor's ob=vation of the pr oblem and offer assistance in correcting the situation. When an oral corrective action is given, the supervisor should ensure that the supervisor's log is do cum ented 10 show date of the corrective action and the nature of the corrective action. The em olC'\·ee sho ul d be ad vi sed that the corrective action will be documented in the supervisor's :og. Written Corrective Action -Whe n the supervisor determines that a written co rre ctive action is appropriate and aec:s,;ary. th e corrective action shall be addressed to the employee 20 and shill! indude the violation; the sl'ec:ific behavior and the dates ol. cllc behavior (when appropriate) that support the charge; the warning that continuance of tllil behavior will result • in disciplinary action; and an offer of assistance in correcting the i>ehavicw. A sianed copy of the corrective action by the supervisor iJwJ" be included in the employee's official personnel file in the Employee Services office, and the anployee shall have the opportunity to submit written comments in response to the corrective aaion to be included in the file . If an employee dis ?.grees wi'.h the letter of corrective action, the empiloyee, within seven (7) calendar days, may request a review of the written corrective action by the Adn1inistrative Services Director. ARTICLE 31. SUPPLlES A Tor. City will provide and maintain supplies and equip=nt for the normal operatioo of the Fire Department These include: 1. 2. 3. 4. 5. l.aundry: linens and cleaning of same. All kitchen appliances and utensils , and repair and/or replacement of same . Priva'.e phone in each station and maintenance and.i or repair of same. Maintenance of T. V .s and recorders. Items of hygiene (soap, toilet paper, etc.). B. The provisions of this Article will be under the co:l!ro l of cbe Director of Safety Services. Individual abuse to be dealt with en an individual basis. ARTICLE 32. DR UG TESTING AND PHYSICAL ITTNESS Drug testing and physical firness arc pe rmissive subject of negoti.!tions. The City agrees consistent with Article 5 of the Collective Barg:3ining Agreement to consult with the Union regarding the formation of any drug testing potty or physical fitness program. In addition, it is not the City's intent io n to institute rando m cfrn g testing now or in the foreseeab:e future . ARTICLE 33. DEATH AND DISABIUTY ASS ESS MENT For fire fighters hired on or after January 1, 1997, the conmoution required by§ 31-31- 811(4), C.R.S., shall be assessed equally ag:iins t the City ana such ~ fighter ;o that fifty 21 • • percem (50%) of the contribution required by the state shall be assessed against the fire fighter • and fifcJ percent (:50%) shall be assessed against the City . •• • ARTICLE 34. EXCLUSIVENESS OF CONTRACT 1hc City and the Union agree that the terms and provisions herein contained constitute the emue contract between the parties and supersede all previous communications, represeaations or agreements, either verbal or written, between the parties with respect to the subject c:iatter herein. The City and the Union agree that all negotiable items have been discussec during the negotiations leading to this contract and, therefore, agree that negotiations will not be reopened on any item during the life of this contract, except by murual conse nt of the parties. IN WITNESS WHEREOF, the parties have caused this contract 10 be signed by the ir rcspcan,e representatives and their signatures placed thereon, on this _ day of ---~ 1997, at Englewood, Colorado. ENGLEWOOD FIRE FIGHTERS LOCAL #1736 Pres ident CITY OF ENGLEWOOD Attest : Mayor City Clerk City Manager