R2022-02 IAFF Collective Bargaining AgreementRESOLUTION 2022-02
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH
PALM BEACH, FLORIDA APPROVING A COLLECTIVE BARGAINING
AGREEMENT WITH THE PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF
PALM BEACH COUNTY, LOCAL 2928, IAFF, INC. THROUGH SEPTEMBER 30,
2024; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the prior Collective Bargaining Agreement between the Village and the Professional
Firefighters/Paramedics of Palm Beach County, Local 2928, IAFF, Inc. ("IAFF") expired on September
30, 2021; and
WHEREAS, the Village and the IAFF have negotiated a new three-year Collective Bargaining
Agreement, and the Village Manager recommends Council approval and ratification of the new
Collective Bargaining Agreement; and
WHEREAS, the Village Council determines that the approval of the new Collective Bargaining
Agreement is in the best interests of the Village and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves and ratifies a new Collective Bargaining Agreement
between the Village and the Professional Firefighters/Paramedics of Palm Beach County, Local 2928,
IAFF, Inc., a copy of which is attached hereto and incorporated herein, and authorizes the Village
Manager to execute the Collective Bargaining Agreement on behalf of the Village. The Agreement shall
be effective upon ratification and shall expire on September 30, 2024.
Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent
of such conflict.
Section 4. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 13"" DAY OF JANUARY, 2022.
'IsoRrgA
ge Seam. f
l MAYOR
FLORIDA
TEST.
rr.rrr
UVILLAGE CLERK
COLLECTIVE BARGAINING AGREEMENT
BETWEEN
THE VILLAGE OF NORTH PALM BEACH
AND
PROFESSIONAL FIREFIGHTERS/PARAMEDICS OF
PALM BEACH COUNTY, LOCAL 2928, IAFF, INC.
10/l/21 to 9/30/24
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TABLE OF CONTENTS
ARTICLE1
PREAMBLE..........................................................................................................................................3
ARTICLE2
RECOGNITION...................................................................................................................................
4
ARTICLE3
VALIDITY............................................................................................................................................
5
ARTICLE 4
WORKER'S COMPENSATION..........................................................................................................
6
ARTICLE 5
HEALTH INSURANCE........................................................................................................................
8
ARTICLE6
PENSION............................................................................................................................................
9
ARTICLE 7
FAMILY MEDICAL LEAVE................................................................................................................
11
ARTICLE 8
PAID BEREAVEMENT LEAVE..........................................................................................................
12
ARTICLE9
MILITARY LEAVE..............................................................................................................................
13
ARTICLE10
SICK LEAVE.................................:..................................................................................................
14
ARTICLE 11
COURT APPEARANCES................................................................................................................
16
ARTICLE 12
MANAGEMENT RIGHTS...............................................................................................................
17
ARTICLE13
SENIORITY.....................................................................................................................................
18
ARTICLE14
PAID VACATIONS.........................................................................................................................
20
ARTICLE15
PAID HOLIDAYS............................................................................................................................
23
ARTICLE 16
GRIEVANCE PROCEDURE - ARBITRATION................................................................................
24
ARTICLE 17
DISCIPLINARY APPEALS...............................................................................................................
29
ARTICLE 18
UNION ACTIVITIES.......................................................................................................................
30
ARTICLE 19
RULES, REGULATIONS, DIRECTIVES...........................................................................................32
ARTICLE 20
BULLETIN BOARD.........................................................................................................................
33
ARTICLE 21
SCHEDULED HOURS - OVERTIME PAY......................................................................................
34
ARTICLE 22
FIRE RESCUE CONTINUING EDUCATION..................................................................................
38
ARTICLE 23
TEMPORARY APPOINTMENTS....................................................................................................
39
ARTICLE 24
MEDICAL EXAMINATIONS..........................................................................................................
41
ARTICLE 25
UNIFORM AND CLOTHING ALLOWANCE.................................................................................
43
ARTICLE 26
VEHICLES AND EQUIPMENT.......................................................................................................
45
ARTICLE 27
PERSONNEL FILES - COMPLAINTS.............................................................................................46
ARTICLE 28
PROCEDURAL RIGHTS..................................................................................................................
47
ARTICLE29
WAGES...........................................................................................................................................
49
ARTICLE31
TRAINING......................................................................................................................................
52
ARTICLE 32
PROBATIONARY EMPLOYEES.....................................................................................................
53
ARTICLE 33
CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES ..........:............................
54
ARTICLE34
PROMOTIONS...............................................................................................................................
55
ARTICLE35
DURATION.....................................................................................................................................
58
APPROVAL/SIGNATURE PAGE..........................................................................................................................59
ADDENDUM........................................................................................................................................................
60
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ARTICLE 1
PREAMBLE
1. This Agreement is entered into by and between THE VILLAGE OF NORTH PALM BEACH, a
municipal organization, hereinafter referred to as the "VILLAGE" and the PROFESSIONAL
FIREFIGHTERS/PARAMEDICS OF PALM BEACH COUNTY, LOCAL 2928, IAFF, INC., hereinafter
referred to as the "UNION", for the purposes of promoting harmonious relations between the two
parties, to establish an orderly and peaceful procedure for settling differences which may arise,
and to set forth the basic and full Agreement between the parties concerning wages, hours, terms
and conditions of employment.
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ARTICLE 2
RECOGNITION
1. The VILLAGE recognizes the Professional Firefighters/Paramedics of Palm Beach County, Local
2928, IAFF, Inc., as the certified bargaining agent and exclusive representative of the bargaining
unit defined in Certification No. 1259 granted by the Public Employees Relations Commission
(PERC) on May 28, 1999, and as amended from time to time, for purposes of collective bargaining
with respect to wages, hours, and/or terms and conditions of employment.
2. The term "employee" in this Agreement means those individuals employed by the VILLAGE in
positions represented by the UNION regardless of membership in the UNION.
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ARTICLE 3
VALIDITY
1. If any provision of this Agreement shall be held invalid, the remainder of this Agreement shall not
be affected thereby. In the event a monetary provision of this Agreement is held invalid, the
parties, at the request of either party, shall meet as soon as practicable and reopen negotiations of
the affected monetary provision(s) of this Agreement.
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ARTICLE 4
WORKER'S COMPENSATION
1. The VILLAGE will carry Worker's Compensation coverage for all employees covered by this
Agreement in accordance with the law.
2. No benefits or payment under this Article shall be made where the disability is self-inflicted, or the
disability continues as a result of the employee's failure to fully cooperate with medical advice or
corrective therapy, or where drugs/alcohol are present at the time of the injury and are causally
connected to the incident giving rise to the injury.
3. In the event of an on- the job injury determined to be compensable under the provisions of the
Workers' Compensation Act a regular full- time employee will be carried at full pay for up to six (6)
pay periods, less any workers' compensation benefits, commencing the first pay period following
the date the employee is unable to work. There is no supplemental pay during the pay period in
which the employee returns to work. In order to be considered for this injury in line of duty
benefit, the following conditions must be met:
A. The employee must provide written testimony or evidence that their injury was received in
the line of duty. An injury received while 'the employee is attending a department
approved school or training program shall be considered a line of duty injury.
B. Any employee who has a claim for compensation because of an injury on the job as
described above shall file a claim, on the form provided by the VILLAGE, with the Fire Chief.
C. Any employee who is able to return to work after a job related injury shall be reinstated to
their former job, provided the employee is qualified to perform all of the duties and
responsibilities of their previous position and is certified by a medical doctor prior to the
employee returning to work. The VILLAGE may require confirmation of fitness to return to
work.
D. If the employee is unable to assume their former responsibilities, the employee shall have
first preference to fill another Village Fire -Rescue position, if a vacancy occurs, and the
employee qualifies for such position.
E. An employee with either a service connected ' injury/illness, non -service connected
injury/illness or pregnancy who voluntarily offers to work light duty may be assigned to
light duty at the discretion of the Fire Chief, provided there is light duty work to be
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performed. An employee with a service -connected injury/illness or a pregnant employee
who requests light duty will have priority in light duty assignment over employees with
other non -service -connected injuries. The Village does not have mandatory, permanent, or
temporary light duty assignments and light duty assignments will not be created or
extended without a clear operational need. The light duties assigned to an employee must
be approved by the employee's treating physician. Light duty assignments may be in
Village departments other than the Fire/Rescue Department.
4. Employees shall immediately report to the VILLAGE any and all injuries which require treatment by
a physician and which occur while on duty.
5. The VILLAGE shall have the right to conduct a post -accident drug test of any and all employees
involved in a vehicular accident or other reportable incident which requires that any involved
vehicle be towed from the scene of the accident or any involved individual receive medical
treatment as a result of the vehicular accident or other reportable incident.
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ARTICLE 5
HEALTH INSURANCE
1. The VILLAGE agrees to provide a health insurance plan to all Village employees. The VILLAGE
agrees to pay one hundred percent (100%) of the medical, dental insurance premiums for the
employee and eighty percent (80%) of the employee's dependent's medical, dental and
hospitalization insurance for the medical, dental, plan with the lowest cost of the plans offered by
the VILLAGE. If an employee chooses coverage under the medical, dental, with the higher cost,
the employee shall be responsible for the difference in premium cost between the cheaper and
more expensive plans. The VILLAGE shall apply all premium contributions paid by, or withheld
from the employee to the cost of the employees' dependents' coverage. Insurance plans include
prescription drug coverage. The benefits of these insurance plans shall be those set forth in the
insurance master plan distributed to all employees.
2. It will be the responsibility of the employee to notify the VILLAGE in writing within thirty (30) days
in the event that dependent coverage is no longer required due to a change in marital status or
for any other reason. Should the employee not notify the VILLAGE of said change, the employee
shall reimburse the VILLAGE for the amount paid for their dependent insurance coverage premium
from the date of status change.
3. The VILLAGE retains the right to determine the insurance carrier or it may self -insure if it so
desires. In any event, the VILLAGE shall offer the same plan of medical, dental, benefits to
employees covered by this collective bargaining agreement as those benefits offered to all other
employees of the VILLAGE.
4. The VILLAGE shall provide a life insurance policy to all employees in the bargaining unit with a
benefit payable at the maximum level allowed by IRS regulations before imputing added
employee compensation (currently $50,000 or $25,000 after age 70).
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ARTICLE 6
PENSION
1. Retirement benefits for IAFF bargaining unit members are as set forth in Chapter 2, Article V,
Division 4. of the Village Code of Ordinances.
2. The following amendments to benefits and contributions will take effect during the term of this
Agreement: The 75% pension maximum monthly pension benefit cap will be increased to 80% of
AME effective 10/1/2022.
3. Employee contributions will increase:
A. From 7% to 7.5% September 30, 2022
B. From 7.5% to 8 % September 30, 2023
C. From 8% to 8.5 % September 30, 2024
4. Each employee who is a member of the Board of Trustees of the Village of North Palm Beach Fire
and Police Retirement Fund shall be granted twenty four (24) hours of administrative leave with
pay each calendar year in order to allow the employee to attend educational seminars or
conferences related to the performance of their duties as a trustee or pension benefits or issues.
5. The VILLAGE shall match bargaining unit employee contributions to a VILLAGE approved Chapter
457 Deferred Compensation Plan at a rate fifty cents ($0.50) for every one dollar ($1.00)
contributed to such plan up to a maximum of ($120) dollars per month ($1440 annually) to be
contributed by the VILLAGE on behalf of each bargaining unit employee.
6. The 2015 Florida Legislature enacted legislation (Chapter No. 2015-39, Laws of Florida), hereinafter
"Legislation", regarding the use of insurance premium tax revenue ("IPTR"). The Pension Fund for
the Firefighters and Police Officers ("Fund") meets or exceeds the minimum benefits and minimum
standards established by the State of Florida for public employee firefighters and officers pension
plans as set forth in Chapters 175 and 185, Florida Statutes. The Legislation provides that use of
IPTR, including any accumulations of additional premium tax revenues which have not been
allocated to fund benefits in excess of the minimum benefits, may deviate from the provisions of
the Legislation by mutual consent between the IAFF and the Village. The provisions of this
Agreement reflect the Village's and IAFF's mutual consent .and agreement that all IPTR, whether
base premium revenue or additional premium tax revenue, received by the Village will be used by,
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or for the benefit of, the Village to meet its annual actuarially required contribution ("ARC") to the
Fund. If the State does not accept this mutual consent and agreement, this Article shall be
reopened for further negotiations.
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ARTICLE 7
FAMILY MEDICAL LEAVE
Family Medical Leave shall be granted in accordance with 9.1.6 C. of Village Policy No. 08-09.
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ARTICLE 8
PAID BEREAVEMENT LEAVE
1. The Village will grant an employee paid leave for the death of an employee's family member as
follows:
A. Three (3) consecutive shifts for : father, mother, spouse, child.
B. Two (2) consecutive shifts for : brother, sister, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, grandparent, spouse/ domestic partner's
grandparents, grandchild, foster parent, nephew, niece, aunt, uncle, first cousin, step-
father, stepmother, step -brother, step -sister or step -child of the employee.
2. Employees may utilize vacation or other personal leave time in order to be paid for the additional
twenty-four (24) hours of unpaid bereavement leave. A request for additional time may be
granted, subject to the discretion of the Village Manager or their designee.
3. An employee who is notified of the death of a family member as defined in Section 1 above while
on duty shall be immediately, or as soon as is practically possible, released from duty for the
remainder of their shift with pay. The remaining hours of the shift from which the employee is
released shall not be counted against any bereavement leave.
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ARTICLE 9
MILITARY LEAVE
1. The rights and benefits regarding military leave are as set forth in the Village Leave Policy 08-
09 attached.
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ARTICLE 10
SICK LEAVE
1. Sick leave will be paid when the employee is absent from duty due to the following reasons:
A. An employee's injury or illness or necessary medical treatment which precludes him or her
from reporting for duty; or
B. Any injury, illness or necessary medical treatment of an employee's spouse, child, step -child
or parent which requires the employee's help to care for him or her or to obtain the
necessary medical treatment.
2. The employee will certify on the appropriate Personnel Action Form upon their return to duty that
they were not able to report for duty due to one of the above reasons.
3. Employees will accrue 0.0481 hours of sick leave per regularly scheduled hour of work, so long as
an employee is in that pay status. An employee on paid sick leave shall continue to accrue all
benefits as if on active duty, except that paid sick leave shall not be considered days worked for
overtime purposes.
4. Sick leave may be accumulated with no maximum. Any employee with less than seven (7) years of
service to the VILLAGE who voluntarily terminates employment, or who retires or dies while in the
service of the VILLAGE, shall receive payment equal to fifty percent (50%) of up to a maximum of
four hundred eighty (480) unused accrued sick leave hours (which equals a maximum of two
hundred forty (240) hours payment). Employees with seven (7) or more years of service to the
VILLAGE shall receive payment equal to seventy-five percent (75%) of up to a maximum of four
hundred eighty (480) unused accrued sick leave hours. This payment provision does not apply to
any employee who is discharged for cause. A deceased employee's pay for sick leave shall be paid
to the estate of the decedent.
5. Sick Leave Reimbursement
A. Employees who have accrued three hundred eighty four (384) hours of sick leave
("minimum base") may request reimbursement for sick leave accrued over the minimum
base. Reimbursement by the VILLAGE will be on a 50% basis for every sick day hour above
the minimum.
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B. Sick leave reimbursement is a voluntary right of the employee. An employee can only
submit a request once per year during the month of May. The VILLAGE will reimburse the
employee no later than November 30 of each year.
C. The Human Resources Director will be responsible for establishing a reimbursement form
and accounting for the base and other data necessary to financially administer this
program.
D. The employee will be required to sign a certificate/affidavit confirming that the
reimbursement for the sick leave is final and will not be subject to the grievance process.
6. An employee who has been declared either physically or psychologically unfit for duty by a Doctor
approved by the VILLAGE, when ordered for a fitness for duty exam by the VILLAGE, shall be
required to use accrued sick leave while out of work on medical leave.
7. Non -probationary employees who use zero sick leave hours in any consecutive six month period
of time shall receive 12 hours of personal leave time which shall be available for use in the same
manner as vacation leave.
8. An employee is responsible for the appropriate use of sick leave. Sick leave abuse occurs when an
employee uses sick leave for unauthorized purposes or falsifies the actual reason for charging an
absence to sick leave. Abuse may also occur when an employee establishes a pattern of sick leave
usage over a period of time such as the day before or after a holiday, on Mondays and Fridays,
after paydays, any one specific day, half-day, or a continued pattern of maintaining zero or near
zero leave balances. Sick leave abuse is misconduct and can result in disciplinary action.
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ARTICLE 11
COURT APPEARANCES
1. Any member required to attend a judicial matter arising from the performance of their duty shall
be compensated for said services as follows:
A. Attendance while on duty, payment at regular pay scale.
B. Attendance while off duty, payment of one and one-half hourly rate.
C. A minimum guarantee of two (2) hours payment will be made for any appearance under
this article to an employee who is off duty on the day of the appearance but the
appearance is more than two (2) hours before the beginning or more than two (2) hours
after the end of the employee's shift. If the employee is on duty on the day of the
appearance but the appearance is less than two (2) hours before the beginning or less than
two (2) hours after the end of the employee's shift, the employee will be paid for the actual
time spent attending the judicial matter.
D. Witness fees shall be retained by the employee.
2. Members who are required to attend a judicial matter arising from performance of their duties
shall give notice to the Fire Chief and the Village Attorney. An employee, served with a subpoena
requiring the employee's attendance at a hearing, deposition, or trial or the requesting production
of any Village records, shall promptly provide a . copy of the subpoena to the Fire Chief.
Rescheduling may be requested and coordinated by the VILLAGE.
3. Payment shall be made as soon as possible (by the next) payroll period following completion of
the service.
4. Travel time spent by an employee for court appearances or deposition in a case arising from
performance of their duties in excess of twenty (20) miles outside the perimeter of the VILLAGE
shall be compensated as one (1) hour of wages for the employee concerned.
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ARTICLE 12
MANAGEMENT RIGHTS
1. The VILLAGE retains whatever rights and authority it possessed prior to entering into this
Agreement, including but not limited to the right to operate and direct the affairs of the VILLAGE
and its Fire Rescue Department in all its various aspects; to direct the working forces; to plan,
direct, and control the operations and services of the Department; to determine methods, means,
organization and personnel by which such operations and services are to be conducted; to assign
and transfer employees; to hire and promote; to demote, suspend, discipline, or discharge for just
cause; to relieve employees for lack of work or for other legitimate reasons; to make, establish, and
enforce rules and regulations; and to change or eliminate existing methods, equipment, or
facilities (provided, however, that such actions are not inconsistent with the terms of this
Agreement) .
2. The UNION and the VILLAGE recognize that the residents of North Palm Beach are entitled to
receive services at the highest possible level, subject. to budget constraints. Therefore, the UNION
pledges that it will encourage employees to increase their productivity and raise their individual
level of service in order to provide and maintain the delivery of services at the highest possible
level.
3. The UNION agrees that all employees covered under this Agreement shall comply with all Village
Personnel Rules and Regulations, including those relating to conduct and work performance,
unless such rules and regulations conflict with this Agreement.
4. If, at the discretion of the Village Manager or designee, it is determined that a civil emergency
condition exists, including but not limited to riots, civil disorders, hurricane conditions or other
catastrophes, the provisions of this Agreement may be suspended by the Village Manager, or
designee, during the time of the declared emergency, provided that the wage rate and monetary
fringe benefits shall not be suspended.
5. Those inherent managerial functions, prerogatives and policy making rights which the VILLAGE has
not expressly modified or restricted by a specific provision of this Agreement are not in any way
subject to the grievance and/or arbitration procedure contained herein.
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ARTICLE 13
SENIORITY
1. Seniority shall be defined as length of service with the Village Fire Department as determined by
an employee's date of hire. In the event that two employees in the same classification have the
same date of hire, seniority shall be determined by length of service within classification.
2. Seniority will govern selection of vacation schedules and preference in working overtime, provided
the Fire Chief has the final authority to over -ride seniority for extraordinary operation reasons and
the decision in that regard is not grievable. When the Fire Chief over -rides a request based on
seniority, the Fire Chief shall inform the requesting party in writing of the basis of the decision.
3. Where a promotional opportunity shall occur and two or more employees are under
consideration, the Fire Chief shall give due consideration to seniority and qualifications.
4. In the event of a layoff, an employee may displace the employee with lesser seniority in a lower
classification provided the employee has prior service in said lower classification and provided
further that the following factors are substantially equal:
A. Sufficient ability and qualifications to perform the work.
B. Performance evaluation.
C. Physical condition and job attitude.
5. In the event of substantial inequality of these factors as between employees in the same
classification and department, the employee with the higher values of factors A, B, and C in the
aggregate, shall be retained.
6. An employee shall be recalled in inverse order of layoff.
7. An employee shall lose their seniority as a result of the following:
A. Termination
B. Retirement
C. Voluntary resignation
D. Layoff exceeding six (6) months
E. Failure to report to the Village Manager, or designee, intention of returning to work within
three (3) days of receipt of recall, as verified by certified mail, return receipt.
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F. Failure to return from military leave within the time limits prescribed by law.
G. Failure to return from an authorized leave of absence upon the expiration of such leave.
8. Seniority shall continue to accrue during all types of leave approved by the VILLAGE.
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ARTICLE 14
PAID VACATIONS
1. Vacation days accrue but may not be taken during the first one hundred eighty (180) days of
service. Exceptions to this general rule may be made by the Fire Chief at the Chief's discretion. All
personnel who have completed one hundred eighty (180) days or more of full-time service shall
be entitled to take vacation with pay in accordance with the following accrual schedule:
LENGTH OF SERVICE DAYS OF VACATION
24 Hr. Employees and Paramedics
Less than 6 Years 5 Shifts = 2 weeks = 120 hours
6 Years but less than 7 Shifts = 3 weeks = 168 hours
10 years
10 Years and over 10 Shifts = 4 weeks = 240 hours
2. Vacation, sick leave, or any other paid leave, shall be included in the computation of the one year
of required full service.
A. Vacations shall be scheduled from January 1 to December 31. The VILLAGE shall determine
the number of employees who can be off on vacation at any time throughout the year.
Employees may not schedule vacation time off in excess of their anticipated available
accruals including existing banks.
B. In October of each year, the VILLAGE will advise how many employees may be scheduled
off for vacation during the next year beginning January 1 per shift.
C. During the month of November, employees shall select vacation periods by seniority on a
per shift basis. Vacations selections shall be made in three (3) rounds:
(i) First Round - No later than November 15, all employees must submit requests to select
a minimum of three (3) or more consecutive shifts (which may include Kelly Days). First
round selections shall be limited to no more than ten (10) shifts, which includes Kelly
Days, provided that the Fire Chief may approve vacation selections greater than ten
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(10) shifts. Such approval shall not be unreasonably denied. No part of any vacation
lasting eleven (11) shifts or more (including Kelly Days) may be cancelled.
(ii) Second Round - No later than November 15, employees may submit requests to
schedule another single group of (1 or more) consecutive shifts of vacation time. First
and second round vacation awards shall be made no later than November 30.
(iii) Third Round - On the first A, B, and C shifts in December, the Fire Chief or designee
will begin to accept applications for vacation scheduling for the upcoming year, which
shall be on a first come, first serve basis. If two (2) or more requests for the same
vacation day are received on the same day, the employee with the most seniority will
receive the requested vacation day. Employees shall be notified no later than the end
of their shift following the shift in which their request was made as to whether their
request has been approved or denied. Denied vacation request forms shall be kept on
file by the Fire Chief or designee and should the requested vacation time become
available, the denied vacation request shall be considered for approval. The date of
submission of denied time shall then constitute the date for the first come, first serve
basis.
D. Once approved, vacation times shall not be rescinded by the VILLAGE except in the event of
a major emergency (i.e. earthquake, tropical storm, hurricane, or civil emergency).
E. Employees may cancel or request vacation time only if at least sixty-two (62) hours' notice is
provided from the start of the leave period, including Kelly Days. Requests or cancellations,
if made with less than the required notice, but prior to the start of the leave period, may be
granted at the discretion of the Fire Chief or designee, however, no request will be
unreasonably denied.
F. Emergency Leave - Employees shall be granted emergency leave as necessary, subject to
the approval of the Fire Chief or designee, and such approval shall not be unreasonably
denied. Once granted, emergency leave shall be charged as actual time used in quarter-
hour increments. If the reason for the absence is a qualified use of sick leave, emergency
leave shall be charged to the employee's sick leave allotment. If not, the absence shall be
charged to compensatory time and finally to vacation time.
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G. Vacation time may be taken in a minimum of two (2) hours and thereafter hour for hour.
3. Employment terminated without cause, or by layoff, or by retirement, illness or injury shall not
affect payment of earned vacation time. An employee shall not lose their vacation with pay if
incapacitated due to an injury or illness incurred in the line of duty. The vacation time shall be
reassigned upon return to duty.
4. If employment is terminated by death, the estate of the employee shall receive payment for the
earned vacation days.
5. Vacation days shall be credited and reported per pay period, to indicate hours accrued less hours
taken, reflecting net vacation hours available per pay period.
6. The maximum number of vacation days an employee may accrue is the unused days accrued
during the employee's previous two (2) year period. Any employee, other than an employee who
is discharged for cause, who voluntarily terminates, retires or dies while employed by the VILLAGE,
shall receive payment equal to one hundred percent (100%) of the unused days of vacation
accrued during the two year period prior to termination, retirement or death. Vacation leave days
will be converted to eight (8) hour days before pay out.
7. An employee who has used ten (10) days of vacation time in a fiscal year may request
reimbursement for any unused vacation days above the ten (10) days used. Employees requesting
reimbursement must do so, in writing on a form approved by the Human Resources Director or
designee, during the month of October immediately following the fiscal year in which the ten (10)
vacation days were used. The VILLAGE will provide reimbursement no later than the November
30th immediately following the written request. Reimbursement shall be at 100% of the
employees' hourly rate as of September 30th of the fiscal year in which the ten (10) vacation days
were used. The employee will be required to sign a certification/affidavit confirming that the
reimbursement for the annual vacation leave days/hours is final and will not be subject to the
grievance process."
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ARTICLE 15
PAID HOLIDAYS
1. The following days shall be considered paid holidays and all employees will receive eight (8) hours
of straight time pay. All official holidays shall be considered to commence at the beginning of the
first shift on the day of the holiday and continue for twenty-four (24) hours thereafter.
New Year's Day
Martin Luther King Day
President's Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Friday following Thanksgiving Day
Christmas Eve
Christmas Day
2. For all hours worked on any of the above-named holidays the employee will be paid a premium
rate of pay of 1 1/2 times the employee's base rate of pay.
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ARTICLE 16
GRIEVANCE PROCEDURE - ARBITRATION
1. In a mutual effort to provide a harmonious working relationship between the parties to this
Agreement, it is specifically agreed and understood that there shall be a procedure for the
resolution of disputes between the parties. For the purpose of this Article, a grievance is defined
as, and limited to, any dispute, difference or controversy involving the interpretation or application
of this Agreement. A dispute over disciplinary action shall be considered an appeal of disciplinary
action unless otherwise grievable. If the dispute is not covered by the grievance procedure as set
forth in the Agreement then the dispute shall be processed as set forth in Article 17.
2. For the purpose of this Article, time is considered to be of the utmost importance. Accordingly,
any grievance not submitted and/or processed by the grieving party in accordance with the time
limits provided below shall be considered exclusively abandoned and shall be barred, forfeited and
forever foreclosed for all contractual purposes and shall result in the forfeiture of all rights to
arbitration. Any grievance not answered or processed by the VILLAGE within the time limits
provided below shall be deemed resolved in favor of the grievant.
3. Grievances shall be presented in the following manner:
Step 1: In the event an employee covered by this Agreement believes that there is a basis
for a grievance, as that term is defined above, the employee shall first discuss the alleged
grievance with the immediate supervisor, and may be accompanied by a representative of the
UNION, if so desired. This first discussion shall take place within ten (10) calendar days of the
occurrence of the events which gave rise to the alleged grievance, or within ten (10) calendar
days of when the employee knew or should have known of the existence of the events giving
rise to the alleged grievance.
Step 2: In the event that the employee is not satisfied with the disposition of the
grievance at Step 1, the employee may file a formal grievance, on a form approved by the
VILLAGE. Such a grievance must be filed within ten (10) calendar days after the informal
discussion is held at Step 1. Said grievance must be in writing, must be signed by the
employee or the UNION as their representative and must contain: (a) the date of the alleged
grievance; (b) the specific article (s) of this Agreement allegedly violated; (c) the facts pertaining
to or giving rise to the alleged grievances; and (d) the relief requested. The formal grievance
shall be submitted to the Fire Chief or designee. The Fire Chief shall, within ten (10) calendar
days after the receipt of the formal written grievance, render a decision on the grievance in
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writing. The Chief shall reply in writing within ten (10) calendar days of receipt of the
grievance. Failure by the Chief to reply within the time period shall be held to be an approval
of the grievance and the remedy sought.
Step 3: In the event that the employee is not satisfied with the disposition of the
grievance by the Fire Chief at Step 2, the employee shall have the right to submit the grievance
to the Village Manager within ten (10) calendar days after the disposition. Such grievance must
be accompanied by the filing of a copy of the original written grievance. The Village Manager
shall, within ten (10) calendar days of receipt of the grievance, render a decision in writing. If
the Village Manager shall fail to reply in writing, such failure shall be deemed as an approval of
the merits of the grievance or dispute and the remedy sought.
4. Where a grievance is general in nature in that it applies to a number of employees having the
same issue to be decided, or if the grievance is directly between the UNION and the VILLAGE, it
shall be presented directly at Step 3 of the grievance procedure, within the time limit provided for
the submission of the grievance at Step 2, and signed by the aggrieved employees or the UNION
representative on their behalf.
5. In the event a grievance processed through the grievance procedure has not been resolved at
Step 3 above, the UNION may submit the grievance to arbitration within ten (10) calendar days
after the Village Manager's disposition of the grievance. Such request shall be in writing to the
other party, and if delivered by mail, postmarked within ten (10) days of the Village Manager's
disposition of the grievance. The arbitrator may be any impartial person mutually agreed upon by
the parties. However, in the event the parties are unable to agree upon said impartial arbitrator,
the party seeking the appointment of an arbitrator shall, within five (5) days, request the Federal
Mediation and Conciliation Service to furnish a panel of seven (7) names from which each party
shall have the option of striking three (3) names in alternating fashion, until the parties select a
neutral or impartial arbitrator. The party striking first shall be determined by the toss of a coin.
The selection process shall occur within five (5) calendar days of receipt of the panel list.
6. Whenever the grieving party is satisfied with the disposition of the grievance at any step of the
grievance procedure, or if the grieving party does not process the grievance in accordance with
the specified time limits, processing of the grievance by the VILLAGE will automatically stop.
However, a grieving employee may not partially accept and partially reject a disposition of the
grievance. The employee must either accept or reject the disposition of the grievance, in its
entirety. Thus, for example, if any employee grieves a termination, and is ordered reinstated
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without back pay at one of the steps of the grievance procedure, the employee may not accept
the reinstatement and continue to grieve the loss, of back pay. Their only choices would be to
accept the disposition of the grievance, or remain discharged and pursue the grievance further.
7. For the purposes of this Article, the term "calendar day" is defined to include every day except
Saturdays, Sundays, and days designated as holidays by this Agreement, regardless of whether the
grievant is on duty or off duty.
8. The time limits contained herein are to be strictly adhered to and may only be extended by written
agreement between the parties.
9. The VILLAGE and the UNION shall mutually agree in writing as to the statement of the grievance
to be arbitrated prior to the arbitration hearing, and the arbitrator, thereafter, shall confine the
decision to the particular grievance thus specified. In the event the parties fail to agree on the
statement of the grievance to be submitted to the arbitrator, the arbitrator will determine the
statement of the grievance, provided, however, that the arbitrator shall have no authority to
change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any
part thereof or amendment thereto. The arbitrator shall have no authority to consider or rule
upon any matter which is stated in this Agreement not to be subject to arbitration or which is not
a grievance as defined in this Article, except to the extent as specifically provided herein or
expressly agreed to by the parties.
10. The arbitrator may not issue declaratory opinions and shall confine himself/herself exclusively to
the question(s) presented to him, which questions(s) must be actual and existing.
11. Each party shall bear the expense of its own witnesses and of its own representatives for the
purposes of the arbitration hearing. The impartial arbitrator's fee and related expenses, court
reporting and transcript costs/fees (if ordered by either party or requested by the arbitrator -
transcript cost means the total cost of three copies), and expenses of obtaining a hearing room, if
any, shall be equally divided between the parties.
12. The arbitrator's award shall be final and binding on the parties subject only to challenge as set
forth in Revised Florida Arbitration Code.
13. For the first three hundred sixty-five (365) days of consecutive service with the VILLAGE, an
employee is probationary. That is, the employee serves at the will and pleasure of the VILLAGE
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and thus may be disciplined or discharge without explanation or for any reason deemed sufficient
by the appropriate Village official. Accordingly, probationary employees shall have no right to
utilize this grievance/arbitration procedure for any matter concerning discharge, suspension or
other discipline.
14. The Union representative will be furnished with a copy of each grievance filed by an employee
within the bargaining unit.
15. Employees may request to have a Union representative present at any step of the grievance
procedure.
16. The UNION will not be required to process the grievance of non-members. The UNION will not be
responsible for grievances proceeding to arbitration without being first notified by the VILLAGE in
writing (and with a copy of the grievance) by the VILLAGE in a timely manner. The Union
representative will have their name, address and all contact numbers on file with the VILLAGE.
17. The parties agree that the settlement of any grievance by the parties prior to the rendition of a
decision by an arbitrator shall not constitute an admission that the contract has been violated nor
shall such settlement constitute a precedent for the interpretation or application of the provisions
of this Agreement.
18. When arbitrability is raised by the VILLAGE with respect to any grievance, the issue of arbitrability
shall be determined by the arbitrator no less than thirty (30) days prior to commencement of an
arbitration hearing on the grievance itself.
19. If the VILLAGE does not agree that the matter is arbitrable, notification shall be sent to the UNION
of such within ten (10) days of receipt of the Union's request to proceed to arbitration. The parties
agree that in such an instance, the VILLAGE may submit solely the question of arbitrability either to
an arbitrator or to a court. If the arbitrability issue is submitted to an arbitrator, the decision shall
be based solely on written briefs, exhibits and affidavits submitted by the parties, with no oral
argument allowed; and shall be submitted to the arbitrator within ten days of selection of the
arbitrator. The arbitrator shall render the decision within fifteen days of receipt of the parties'
submissions.
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20. Whichever party loses on the issue of arbitrability shall pay the costs involved in that proceeding.
21. If there is no objection by either party to the arbitrability of the grievance, and the above
mentioned procedure has been fully complied with or results in a determination that the grievance
is arbitrable, the parties shall proceed to arbitrate the grievance.
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ARTICLE 17
DISCIPLINARY APPEALS
1. Appeals of disciplinary action shall be handled as follows:
2. An employee who wishes to challenge any disciplinary action, shall file a notice of appeal to the
Fire Chief within ten (10) calendar days of notice of the disciplinary action. When an employee has
received a written counseling, the employee may, within 10 days of receipt of the written
counseling, submit a written rebuttal which shall be attached to the written counseling document
in the employee's personnel file.
3. Upon receipt of a notice of appeal, the Fire Chief or designee shall have ten (10) calendar days to
review the discipline and to advise the employee that the discipline is either (i) sustained; (ii)
reversed; or (iii) modified. Failure of the Fire Chief to respond within ten (10) calendar days shall
constitute a determination that the discipline is sustained.
4. An employee who is not satisfied with the Fire Chief's decision can further appeal a discipline to
the Village Manager. Upon receipt of a notice of appeal, the Village Manager shall have ten (10)
calendar days to review the discipline and to advise the employee that the discipline is either (i)
sustained; (ii) reversed; or (iii) modified. Failure of the Village Manager to respond within ten (10)
calendar days shall constitute a determination that the discipline is sustained. The decision of the
Village Manager shall be final unless appealed as hereinafter set forth.
5. The UNION may appeal a discipline greater than a written reprimand to arbitration using the same
procedure for appointment of an arbitrator as set forth in Article 16 above. The request for
appointment of an arbitrator must be made to the Village Manager in writing within ten (10)
calendar days of the Village Manager's decision. The decision of the arbitrator shall be made
within thirty (30) days following the conclusion of the hearing or the deadline for closing briefs,
whichever is later. The arbitrator may sustain, reverse, or modify the discipline which was set by
the Village Manager. The decision of the Arbitrator is final and binding on the parties.
6. No employee shall be subject to discipline of any type without just cause. No employee shall be
subject to a suspension without pay or a termination without first being afforded a pre-
determination conference with the Village Manager or designee. No pre -determination
conference shall be conducted with less than ten (10) calendar days notice to the employee.
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ARTICLE 18
UNION ACTIVITIES
1. An employee shall have the right to join or not join the UNION, to engage in lawful concerted
activity for the purpose of collective bargaining or other mutual aid or protection, to express or
communicate any view, grievance, complaint or opinion relating to conditions of employment or
compensation, through duly appointed UNION representation, all actions to be free from any and
all restraint, coercion, discrimination or reprisal by the VILLAGE or the UNION.
2. Union officials and/or members, no more than two (2), shall be granted reasonable time during
working hours, without loss of pay, to negotiate with the representatives of the VILLAGE.
3. Reasonable time shall be granted for the processing of grievances with a duly designated
representative of the UNION during working hours. The VILLAGE, in its discretion, may stop the
use of such time off if it interferes with productivity or manpower needs. However, the exercise of
such right on the VILLAGE'S part shall not be arbitrary or capricious, nor shall it allow the VILLAGE
to proceed in a manner which deprives the employee of their right of representation. A UNION
representative shall be permitted to accompany a fellow employee in circumstances such as:
A. The employee is required to appear at a hearing related to a grievance.
B. The employee is presenting or responding to a grievance.
C. The employee is subject to interrogation in conjunction with an internal affairs
investigation.
D. The employee is attending a pre -determination hearing.
4. The Village Manager shall be immediately notified in writing, of changes of appointed Union
representatives.
S. Union representatives shall be permitted to wear Union insignia while on duty. Said insignia shall
be approved by the Fire Chief or designee.
6. There shall be created a pool of time to be known as Union Time Pool. Each employee who is a
member of the UNION shall contribute six (6) hours of straight time to the Union Time Pool
through a deduction of six (6) hours off of the eight (8) hours of holiday pay received for the New
Year's Day holiday. The Union Time Pool may be used for Union business upon approval by the
Union President or their designee. Employees utilizing Union Time Pool shall be released from
duty on Union Time Pool only if the established needs of the Department regarding the provision
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of emergency services are met and with approval of the Fire Chief, which shall not be
unreasonably denied. Union Time Pool will be used and charged on an hour for hour basis.
7. Salary and overtime pay, if any, incurred in replacing the Union representative(s) on authorized
union leave shall be deducted from the Union Leave Account so there is no cost incurred by the
Village when union leave is authorized. Authorization for Union leave shall be limited by the
amount available in the Union Leave Account.
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ARTICLE 19
RULES, REGULATIONS, DIRECTIVES
1. Amendments, additions or modifications to personnel rules, regulations, and departmental
directives shall be in writing and a copy of the same shall be submitted to the UNION no less than
fourteen (14) days prior to implementation.
2. A request for bargaining regarding any rule change must be received within seven (7) days after
notification to the UNION by the VILLAGE of the implementation of a rule change.
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ARTICLE 20
BULLETIN BOARD
1. The UNION will provide a serviceable bulletin board for its use. All materials posted must be
signed by an official of the UNION. The VILLAGE agrees to furnish space for the bulletin board.
2. Bulletins shall contain nothing derogatory relating to the VILLAGE, its elected officials or
supervisory personnel.
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ARTICLE 21
SCHEDULED HOURS - OVERTIME PAY
1. The average workweek for twenty-four (24) hour shift employees shall be forty-eight (48) hours,
with twenty-four (24) hours on duty and forty-eight (48) hours off duty, with an additional shift off
(Kelly Day) after every seventh (7th) shift. The FLSA work period for shift employees is twenty-one
(21) days.
2. Kelly Days will be selected annually prior to first round vacation selections. Such selections shall
be implemented beginning with the first full twenty-one (21) day work cycle in January of each
year. For all employees, the selection of Kelly Days shall be determined by shift based on seniority
as defined in Article 13 of this Agreement. The Fire Chief shall have the authority to determine the
number of employees allowed off on Kelly Day for each day of the twenty-one (21) day work cycle
so long as each employee has one Kelly Day off every seventh (7th) shift. Kelley day selections
shall remain unchanged until implementation of the selection for in each new year.
3. Kelly Days may be exchanged regardless of Kelly Day cycles on a permanent or temporary basis by
two mutually agreeable employees in accordance with Section 10 of this Article. A Kelly Day may
be exchanged for a vacant Kelly Day slot provided that the exchange is made in the same twenty-
one (21) day work cycle and in accordance with Section 10 of this Article.
4. If an employee requests a transfer or accepts a promotion or assignment into a new classification,
the employee's selection of Kelly Day shall be based on the remaining days available on the new
shift or in the new assignment to which the employee is to be transferred.
5. If an employee is to be transferred to a different shift by the VILLAGE, the VILLAGE shall first
request that employees voluntarily switch shifts or Kelly Days. If within thirty (30) days of that
request by the VILLAGE no employee has volunteered to switch shifts or Kelly Days, the VILLAGE
may, if necessary, switch the Kelly Day of the employee(s) being moved from one shift to another.
At the time the Village makes its request for volunteers to switch shifts or Kelly Days, the employee
that will have their shift or Kelly Day changed if no other employee volunteers to make the switch
shall be notified that they are the one that will be moved if there are no volunteers.
6. If a problem arises in the implementation of this Article, the UNION and the VILLAGE shall meet to
resolve the problem by mutual agreement.
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7. The procedures for paying overtime for time worked outside of an employee's normally scheduled
work week which are in effect at the time of this Agreement shall be maintained as the status quo
except that the FLSA work period for shift employees is now twenty-one (21) days. An employee
may be asked to work on their Kelly Day. An employee asked to work on their Kelly Day shall have
the right to refuse such a request. Any employee who works on their Kelly Day shall be paid at the
rate of time and one-half (1/2) of the employee's straight time pay for all hours worked.
8. For purposes of computing overtime pay, all authorized paid leave, except sick -leave, shall be
considered time worked.
9. Employees assigned to "standby" will be paid a minimum of one (1) hour's pay per "standby shift".
In the event an employee is "called back", the employee shall receive a minimum of two (2) hours
pay. "Standby" and "call back" time relate to either fire duty or emergency duty.
10. Employees may exchange hours subject to the approval of the Fire Chief or designee, providing
such exchanges do not result in overtime.
11. The VILLAGE retains the right to make changes in schedules when extenuating circumstances such
as hurricanes or other states of emergencies dictate.
12. When the Department requires overtime work to fill a vacancy, the overtime assignment shall be
offered using an overtime rotation file. Employee names cards shall initially be filed in order of
seniority with the Fire Department, after the first use to fill an overtime assignment the cards shall
be rotated as follows: The cards shall be called in order of placement in the file starting with the
first employee qualified to work the overtime assignment. If the call is answered by voicemail and
the overtime assignment to be filled was created less than sixty (60) hours prior to the start of the
shift on which the overtime assignment will be worked then a message shall be left stating they
are being called for overtime and they have three (3) minutes (from the current time) to reply. If
the overtime assignment to be filled was created sixty (60) or more hours prior to the start of the
shift on which the overtime assignment will be worked, they shall have five (5) minutes (from the
current time) to reply. If they have not replied within the time frame established herein, they are
treated as a turn down, their card is marked as such and moved to the back of the file; the next
card is called and this sequence is repeated until an answer or callback is received. The first
qualified person to answer/callback shall be informed of the overtime assignment; if they turn
down the overtime, they shall be informed that they will be ordered in if no other employee called
accepts the overtime. Calls will continue until a qualified employee accepts the overtime
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assignment or the file has rotated back to the first qualified person to answer who will then be
ordered in to work the overtime assignment. Employees already scheduled to work on the shift
requiring overtime shall not be subject to call and their cards shall not be moved in this rotation.
Overtime assignments of less than eight (8) hours in duration shall not cause file cards to move in
rotation. Qualified employees shall include any employee who currently holds the rank of the
positions to be filled, previously held the rank of the position to be filled, is currently on the
promotional list for rank of the position to be filled, or is on the step-up list for the rank of the
position to be filled.
13. Overtime assignments which are less than eight (8) hours in duration and commence at the
beginning of a shift shall be offered to qualified employees of the off going shift in order of
seniority. If no off going employee accepts the overtime assignment, the least senior employee
from the off going shift shall be ordered to work the overtime assignment.
14. Employees on workers' compensation, FMLA, or medically assigned light duty will not be called for
overtime assignments, their position in order of rotation shall be held until they return to work at
full duty.
15. Newly hired employees shall serve six (6) months of their probationary period and pass FTO before
being eligible to accept an overtime assignment. On their six month anniversary an overtime
rotation card for the new employee shall be added to the file, placed at the back of the file.
16. No employee shall be allowed to accept an overtime assignment which would cause them to work
more than forty-eight (48) hours in a row without a minimum twelve (12) hour break between
periods of work.
17. When, as a result of severe weather such as tropical rain or wind storms, a state of emergency that
includes the Village is declared by the Village Manager or the Village Council (taking into consider
like declarations by Palm Beach County, or State of Florida) and the Village modifies its operations
such that non-essential employees are not required to report for work, hourly compensation rates
for bargaining unit employees will be adjusted as follows:
A. Employees working a regularly assigned shift will be paid 2.0 times their regular hourly rate
during the declared period of emergency.
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B. Employees who are held over will be paid 2.0 times their regular rate of pay until released
from the hold over.
C. Employees called back to work will be paid three hours of straight time plus 2.0 times their
regular hourly rate for all hours worked during the declared period of emergency.
D. Employees placed on standby will be paid 1.0 times their regular rate of pay per hour for
each hour of standby.
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ARTICLE 22
FIRE RESCUE CONTINUING EDUCATION
1. Employees covered by the collective bargaining agreement shall be eligible for tuition
reimbursement in accordance with the VILLAGE'S Higher Education and Assistance Program as
provided in Section 11.02 of the VILLAGE'S Personnel Rules and Regulations.
2. Education or degree seeking courses, classes, or programs shall be eligible for tuition
reimbursement in accordance with the Village Education Reimbursement Policy in effect on
10/1/2021.
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ARTICLE 23
TEMPORARY APPOINTMENTS
1. An employee who is required to temporarily accept responsibility and carry out the duties of a
rank higher than which the employee normally holds, for a full shift shall be paid five percent (5%)
above the individual's present base rate for that position while so engaged. In the event an
employee is required to temporarily accept responsibility and carry out the duties of a rank which
is more than one rank higher than that which the employee normally holds, the employee shall
receive five percent (5%) for each rank above their normal rank, e.g., a Firefighter/Paramedic
temporarily assigned to work as Fire Captain shall receive ten percent (10%).
2. If a Captain or driver is called in for overtime because of vacancies on that shift they will
automatically fill in for an absent Captain and/or driver before going to the stepping up process.
3. When an employee assigned to a rank which carries a rate of pay higher than the permanent rate
of the assignee suffers an injury, illness, or death incurred while in the performance of service
compensation and benefits will be calculated at the level of payment for employee's permanent
ra n k.
4. Should an employee in a promoted position (Driver Engineer or Captain) be absent for any reason,
the position shall be filled by the employee on duty that shift who holds the highest position on
the promotion list for the classification in which the vacancy exists. Should no employee on the
promotion list for that classification be working that shift, the vacancy shall be filled using the
highest positioned employee on the step-up list for the position in which the vacancy exists who is
working that shift. If there are no employees from the step-up list available, the vacancy will be
filled by an overtime callout in accordance with Article 21. For vacancies in the rank of Captain, if
there are no employees available for step-up in accordance with the procedures above, the Driver
Engineer shall be stepped up to Captain unless negated by Section 6 below.
5. Following ratification of this Agreement, the step-up list for each promoted position shall be
populated by all employees eligible to participate in a promotional exam for that position in order
of seniority with the most senior employee being first on the list. When an employee later
becomes eligible to be included on one of the two step-up lists, the employee shall be added to
list in the appropriate position based on seniority.
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6. If overtime is required to fill out the shift and the person accepting the overtime holds a rank that
has been filled by a step-up, that employee shall automatically fill that position, negating the
process above.
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ARTICLE 24
MEDICAL EXAMINATIONS
1. Medical examinations shall be voluntary, except post job offer medical evaluations for the job
classification. In those situations where the VILLAGE requires a medical examination, the entire
costs shall be borne by the VILLAGE. The VILLAGE agrees to provide those vaccinations and
examinations required by Section 112.18 and Section 112.181, Florida Statutes.
2. The foregoing shall not be construed to prohibit the VILLAGE from ordering an employee to
undergo an examination to determine fitness for duty when the VILLAGE has a reasonable
suspicion that the employee is unfit to perform their duties. "Reasonable suspicion" means a
belief drawn from specific objective and articulable facts and reasonable inferences drawn from
those facts in light of.experience. Reasonable suspicion testing shall not be required except upon
the final approval of the Fire Chief, after the recommendation of a supervisor who is at least one
level of supervision higher than the immediate supervisor of the employee in question. Among
other things, such facts and inferences may be based upon:
A. Abnormal conduct or erratic behavior while at work;
B. A significant deterioration in work performance; or
C. Excessive use of sick time.
3. Presumption: The VILLAGE agrees that any condition or impairment of health of any employee
caused by tuberculosis, heart disease, hypertension, hepatitis, or meningococcal meningitis
resulting in total or partial disability or death shall be presumed to have been accidental and to
have been suffered in the line of duty unless the contrary is shown by competent evidence.
4. The VILLAGE shall provide employees with testing after exposures to certain biological hazards
while on duty. The testing shall be conducted in accordance with accepted medical practices and
shall be designed to detect the presence of the biological hazard for which the test is conducted.
The VILLAGE will provide testing to employees upon exposure to any of the following hazards:
A.
Hepatitis A, B, or C
B.
Measles
C.
Polio
D.
Varicella
E.
HIV/AIDS
F.
Heavy Metals
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G. Tuberculosis
S. The VILLAGE will also provide flu shots annually for all employees, if not available to employees at
no cost through the Village's health insurance provider.
6. To the extent any vaccination, immunization, or other prophylaxis may be required to perfect a
claim for a presumption under Section 112.181(3), Florida Statutes, such shall be required by the
Village.
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ARTICLE 25
UNIFORM AND CLOTHING ALLOWANCE
1. A sixty ($60.00) dollar monthly allowance shall be paid to all members of the bargaining unit for
the repair and cleaning of clothing used in the performance of duty.
2. Uniforms damaged beyond repair in the line of duty shall be replaced by the VILLAGE at no cost to
the employee.
3. Costs for repair or replacement of watches or eyeglasses damaged or destroyed while in the
course of duty will be paid by the VILLAGE at a cost not to exceed one hundred ($100.00) dollars
per item.
4. A shoe allowance of up to one hundred -five ($125.00) dollars per year shall be paid to all
bargaining unit members during the first pay period in October.
5. The Village shall supply Department personnel with the following uniforms and equipment upon
initial employment with the Village:
1 - Class A uniform badge
1 - Set of station keys (SM and ED key)
1 - Department ID
1 - Station swipe card
1 - Class A dress shirt with specialty patches and department patch*
1 - Class A dress tie*
1 - Class A dress pants*
1 - Class A pair of shoes*
1 - Class A dress jacket*
1 - Class A dress hat*
1 - Uniform Job Shirt
3 - Uniform pair of EMS pants
3 - Uniform polo style short sleeve shirts with rank and name on front
1 - Station EMS pants belt
1 - Ball cap with name on back
1 - Lightweight waterproof shell winter/windbreaker jacket with reflective tape
1 - Set of rain gear
2 - Pair of station gym shorts
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3 - Station short sleeve t -shirts
2 - Station long sleeve t -shirts
1 - Long sleeve sweat shirt
* Class A uniform will be supplied upon completion of a newly hired employee's probationary period.
6. Replacements may be acquired on an as -needed basis through an employee's Captain each fiscal
year. Annual boot allowance will continue to be issued in October of each year consistent with
Section 4 above.
100488587.1 1823-9704441}
Page 45 of 63
ARTICLE 26
VEHICLES AND EQUIPMENT
1. Vehicle Maintenance. Each employee assigned to a Village vehicle shall keep the vehicle free from
litter and return the vehicle at the end of their shift in the same condition as when the employee
received it, subject only to mechanical defects or damage, or soiling of the vehicle not caused by
the employee. It shall be the vehicle operator's responsibility to report all damage, mechanical
problems or operational problems detected, or which could be detected with reasonable diligence.
If the employee believes the assigned vehicle is unsafe, it shall be reported to the Captain. If the
Captain agrees that the vehicle is unsafe, it shall not be placed in service until it is made safe. Fire
vehicles will be washed and sanitized as necessary.
2. Use of Private Automobile. In the event an employee (if authorized and directed in advance) uses
their own automobile for the performance of official duties on behalf of the VILLAGE, the
employee will be compensated at the rate established by the VILLAGE for all Village employees.
3. Portable Radios. Employees will be provided with two-way portable radios while on shift.
{00488587.1 1823-97044411
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ARTICLE 27
PERSONNEL FILES - COMPLAINTS
1. The VILLAGE agrees that no disciplinary action shall be taken against a bargaining unit member
without due process. Anonymous complaints may trigger an investigation, but an anonymous
complaint alone may not be the basis of disciplinary action.
2. No employee will be required to write a report to the Fire Chief or any other supervisory officer on
any complaint by a person or persons in or outside the Department against said employee unless
and until the complainant(s) submit(s) said complaint in writing and signs same.
3. Prior to any report in writing being submitted, the subject employee shall be furnished a copy of
the signed complaint. Any form of documented disciplinary action shall be signed by the
employee, which signature shall indicate that the employee has received a copy of the form but
shall not indicate that the employee agrees with the discipline. If an employee refuses to sign, the
document shall be notated to reflect the refusal. The employee shall receive a copy of the
documented disciplinary action.
4. If a complaint is brought and the employee is adjudicated as being unfounded, then the complaint
and the charge shall be plainly and clearly marked as unfounded in all the personnel folders of the
subject employee.
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ARTICLE 28
PROCEDURAL RIGHTS
1. Any employee under investigation and subject to interrogation by the Village or an outside agency
subject to the direction and control of the VILLAGE which may result in disciplinary action,
demotion, dismissal and/or criminal charges being filed; then, under such circumstances, the
interrogation shall be conducted as follows:
A. Interrogations will normally be conducted during the employee's scheduled duty time,
unless immediate action is imperative.
B. Interrogation will be conducted at Fire Rescue Department headquarters.
C. The employee under investigation shall be informed of the rank, name, and command of
the officer in charge of the investigation, the interrogating officer, and all persons present
during the interrogation. All questions directed to the employee under the interrogation
shall be asked by and through one (1) interrogator at any one (1) time.
D. The employee under investigation shall be informed of the nature of the investigation prior
to any interrogation and shall be informed of the names of all complainants.
E. Interrogation sessions shall be for reasonable periods and shall be timed to allow for such
personal necessities and rest periods as are reasonably necessary.
F. The employee under interrogation shall not be subject to offensive language or threatened
with transfer, dismissal, or disciplinary action. No promise or reward shall be made as an
inducement to answering any questions.
G. The formal interrogation of the employee, including all recess periods, shall be recorded
and there shall be no unrecorded questions or statement.
H. If the employee under interrogation is under arrest or is likely to be placed under arrest as a
result of the interrogations, the employee shall be completely informed of all of their rights
prior to the commencement of the interrogation.
I. At the request of any employee under investigation, the employee shall have the right to be
represented by counsel or any other representative of their choice who shall be present at
100488587.1 1823-9704441}
Page 48 of 63
all times during such interrogation wherever the interrogation relates to the employee's
continued fitness for service.
J. Representation on complaint review boards: A Complaint review board shall be composed
of three (3) members: one (1) member selected by the Fire Chief; one (1) member selected
by the aggrieved employee; and the third (3rd) member selected by the other two (2)
members. The board members shall be employees selected from any state, county, or
municipal agency within the county.
K. Civil suits brought by employees: Every employee shall have the right to bring civil suit
against any person, group of persons, organization or corporation or the heads of such
organizations or corporations for damages, either pecuniary or otherwise, suffered during
the performance of the employee's official duties or for abridgement of the employee's civil
rights arising out of the employee's performance of official duties.
L. Notice of disciplinary action: No dismissal, demotion, transfer, reassignment, or other
personnel action which might result in the loss of pay or benefits or which might otherwise
be considered a punitive measure shall be taken against any employee, unless such reason
or reasons therefore are communicated to the employee in writing prior to the effective
date of such action.
M. Retaliation for exercising rights: No employee shall be discharged, disciplined, demoted, or
denied promotion, transfer or reassignment, or otherwise be discriminated against in
regard to their employment or be threatened with any such treatment by reason of their
exercise of the rights granted by this act.
N. A copy of the complaint, whether recorded in writing or by other means, will be given to
the employee at least two (2) hours prior to interrogation unless waived by the Fire Chief or
designee and the employee. Written complaints must be signed by the party or parties
alleging a violation.
O. An employee under investigation cannot be compelled to submit to a polygraph test or any
other "truth measuring" device.
100488587.1 1823-97044411
Page 49 of 63
ARTICLE 29
WAGES
1. Employee compensation adjustments will be based on an employee's performance evaluation.
2. The pay ranges for bargaining unit positions as of the first payroll period beginning on or after
October 1, 2021, shall be as provided in Addendum A to this Agreement. The pay ranges as of the
first payroll periods beginning on or after October 1, 2022, and October 1, 2023, are contained in
Addendum B and Addendum C, respectively.
3. Effective with the first full payroll period following ratification, each employee shall be slotted into
the pay schedule attached as Addendum A at the step identified for each employee in Addendum
D, which slots employees at the first step providing an increase in the employee's current annual
pay. Thereafter, each employee shall advance one step in the pay schedule on April 1 of each year
until the employee reaches the top step for their classification. Employees hired by the Village
within a ninety (90) day window prior to April 1 shall not receive their first step increase until April
1 of the following year.
4. Performance evaluations cannot be grieved as they represent the exercise of managerial
discretion. If an employee believes their evaluation was the result of discriminatory or personal
bias on the part of their supervisor, the employee may request review by the Human Resource
Director. If evidence of bias is found, the Human Resource Director in consultation with the Village
Manager may adjust the evaluation score.
5. A step increase is contingent upon receipt of a "successful level I" or higher performance
evaluation. A bargaining unit member who receives a performance evaluation rating of "Below
Standards" or "Development Required" shall have a counseling session with supervisory personnel
and be provided with performance improvement goals. A member shall not receive the step
increase until performance reaches a "Successful Level I" rating. The member will be re-evaluated
{00488587.1 1823-97044411
Page 50 of 63
ninety (90) days following the counseling session. If a performance rating of "Successful Level I" or
better is received, the member will then receive the step increase the member should have
received on the anniversary of their date of hire or date of promotion, effective the date of the
successful evaluation. If after 90 days the member still has not received a performance rating of
"Successful Level I" or better, the member will have an additional counseling session with
supervisory personnel and will be provided with an additional set of performance goals. The
member will then again be evaluated ninety (90) days following this additional counseling session.
If the member then receives a rating of "Successful Level I" or better, their personnel file will be so
noted but the member will not receive a step increase at that time. If after this second 90 day
period the member still has not received a performance rating of "Successful Level I" or better, the
member is subject to a non -disciplinary non -appealable performance based termination of
employment.
6. Employees assigned by the Fire Chief or designee to serve as an EMS Field Training Officer will
receive assignment pay of five percent (5%) above their base hourly rate of pay. One employee per
shift shall be designated as the EMS Field Training Officer. When that employee is absent from
work, the Fire Chief or designee, shall assign another employee to act as the EMS Field Training
Officer for the shift on which the regular EMS Field Training Officer is absent. An EMS Field
Training Officer shall provide the services outlined for the position in Department Administrative
SOG 3, Company Position Descriptions. The EMS Field Training Officer shall be selected from
among those who employees who satisfy the following criteria: has completed at least three (3)
years of service with this Department as a protocoled paramedic, has had no disciplinary action
against him or her which resulted in a demotion or suspension from employment of twenty four
(24) hours or more within the twelve months preceding the announced closing date of selection,
and passed the most recent paramedic protocol test with a score of 80% or higher.
7. All employees shall have their regular paychecks electronically deposited biweekly into the
employee's choice of banking, savings and loan, or credit union institutions. Employees
{00488587.1 1823-97044411
Page 51 of 63
participating in the direct deposit program will continue to receive from the VILLAGE electronic
pay stubs.
{00488587.1 1823-9704441}
Page 52 of 63
ARTICLE 31
TRAINING
1. In keeping with the ever increasing requirements to maintain certification and the skills necessary
to perform Fire/Rescue functions, it is agreed that any employee who attends training as required
by the Department or Village for Fire/Rescue functions will receive pay at a rate of one and one
half regular pay if the training time is above and beyond the employee's normal work week. If the
employee fails to complete a full work week, pay for firefighter training will be received at regular
rate of pay. Fire Inspector re -certification training shall be provided for by the Department.
2. The VILLAGE agrees to provide one week's advance notice for any training scheduled for
weekends.
{00488587.1 1823-9704441}
Page 53 of 63
ARTICLE 32
PROBATIONARY EMPLOYEES
1. All new employees shall be designated as probationary employees for one (1) year from the latter
of their date of graduation the fire academy their date of employment with the Village.
2. Promoted employees will serve a six (6) month probationary period. A promoted employee who
fails probation will be returned to their previous position.
3. Periods of absence of three (3) shifts or more during probation will extend the probationary period
by the amount of the absence or one week, whichever is greater.
4. Upon the satisfactory completion of the probationary period the employee shall attain regular
status.
{00488587.1 1823-9704441}
Page 54 of 63
ARTICLE 33
CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES
1. The VILLAGE and the UNION acknowledge that during the negotiations which resulted in this
Agreement, each had the unlimited right and opportunity to make demands and proposals with
respect to any subject matter not removed by law from the area of collective bargaining, and that
the understandings and agreements arrived at by the parties after the exercise of that right and
opportunity are set forth and solely embodied in this Agreement. The VILLAGE and the UNION
agree that all negotiable items that should or could have been discussed, were discussed;
therefore, neither party shall be obligated to negotiate or bargain collectively with respect to any
subject or matter, whether referred to herein or not, except as otherwise specifically required in
this Agreement, even though such subjects or matters may not have been within the knowledge or
contemplation of either or both of the parties at the time they negotiated or signed this
Agreement.
2. Therefore, this Agreement contains the entire contract, understandings, undertaking and
agreement of the parties hereto and finally determines and settles all matters of collective
bargaining for and during its term.
100488587.1 1823-97044411
Page 55 of 63
ARTICLE 34
PROMOTIONS
1. Employees in the classification of Firefighter/EMT or Driver Engineer/EMT who are or become
certified by the state of Florida as a Paramedic and who are or become released/protocoled by the
Medical Director to act as a Paramedic shall be promoted from the rank of Firefighter/EMT to the
rank of Firefighter/Paramedic or from Driver Engineer/EMT to Driver Engineer/Paramedic.
2. Vacancies in the classifications of Captain and Driver Engineer shall be filled in accordance with the
promotional process outlined herein. The promotional process will begin once a position
becomes vacant or is expected to be vacated. The promotional announcement, as well as the job
description and qualifications for the vacant position, will be posted by the Fire Rescue
Administration Office. All qualified persons must submit their intent to be considered for the
promotion in writing to the chief's office within the time frame outlined in the announcement.
3. Employees will be given notice, posted on the work location bulletin board(s) and by e-mail, at
least ninety (90) days in advance of a target promotional examination date. The testing will
commence no sooner than ninety (90) days after and no later than one hundred twenty (120) days
after the notice. Source materials from which the examination will be drawn shall be given in
writing concurrent with the notice of the promotional exam and shall be in print or otherwise
obtainable at the candidates' expense.
4. No employee shall be permitted to apply for a promotional examination after the announced
closing date.
ELIGIBILITY CRITERIA
5. Employees who apply for the promotional process must have the prerequisites as of the closing
date for the written examination.
6. In order to be eligible to participate in the promotional process, a candidate must not have had
any disciplinary action against him or her which resulted in a demotion or suspension from
employment of twenty four (24) hours or more within the twelve months preceding the
announced closing date.
7. In order to participate in a promotional process for the rank of Captain, an employee must satisfy
the following criteria as of the announced closing date:
100488587.1 1823-97044411
Page 56 of 63
(i) Five (5) or more complete years of service in this Department.
(ii) Successful completion of FFP 1301 Fire Hydraulics, FFP 1302 Fire Apparatus and
Equipment, , and certification as Fire Officer I or completion of all classes required to be
certified as Fire Officer I. The Fire Chief and the Union President may agree to modify
these requirements so long as any such modification is agreed to prior to the
announcement of the promotional examination and is clearly indicated in such
announcement.
(iii) Current EMT or Paramedic certification.
(iv) Current and valid State of Florida issued Class E drivers license.
8. In order to participate in the promotional process for the rank of Driver Engineer, an employee
must satisfy the following criteria as of the announced closing date:
(i) Three (3) or more complete years of service in this Department.
(ii) Successful completion of FFP 1301 Fire Hydraulics, FFP 1302 Fire Apparatus and
Equipment, BFST/ATFL 703 Aerial Apparatus Operator and FFP 2810 Company Officer
and Leadership. The Fire Chief and the Union President may agree to modify these
requirements so long as any such modification is agreed to prior to the announcement
of the promotional examination and is clearly indicated in such announcement.
(iii) Current EMT or Paramedic certification.
(iv) Current and valid State of Florida issued Class E drivers license.
9. The promotional processes for the ranks of Captain and Driver Engineer shall include a written
examination and a practical skills assessment. Candidates must pass the written examination with
a score of at least 70% in order to be eligible to participate in the practical skills assessment.
Candidates must pass the practical skills assessment with a score of at least 70% in order to
eligible for promotion. Placement on the promotional eligibility list will be based upon the
weighted average of a candidate's score on the written examination and the practical skills
assessment. The written examination shall constitute 30%, and the practical skills assessment shall
100488587.1 1823-9704441}
Page 57 of 63
constitute 70%, of such weighted average. In the event of a tie in the overall score of two of more
candidates, the tied candidates shall be ranked in order of their scores on the practical skills
assessment portion of the promotional process. If a tie still exists, the tie shall be broken by
seniority.
10. Upon promotion, an employee shall be slotted at the first step providing at least a 5% increase in
their pre -promotion base rate of pay. If an employee is promoting up two or more ranks, then the
employee shall be slotted at the first step providing at least a 10% increase in their pre -promotion
base rate of pay.
11. The content of the written examination shall be determined by job task analysis and shall include
questions from the source materials identified in the posted announcement. The practical skills
assessment shall be the same for all examinees and consist of two (2) component parts: operations
and administrative functions. The practical skills assessment shall be graded by three (3) examiners
appointed by the VILLAGE who are not employed by the VILLAGE.
12. Promotional lists shall remain in effect for three (3) years from the date the promotional list is
established or until there are no names remaining on the promotional list, whichever occurs first.
If, at the time a promotional list is set to expire, there are no employees who are both eligible to
participate, and have indicated that they will participate, in a promotional process (after being
notified of their eligibility and asked whether or not they would sit for an exam), the list shall be
extended one additional year. This process can then be repeated one additional time at the
conclusion of that extension such that the possible lifespan of a list is five (5) years.
13. Selection for promotion from the promotional list shall be made by the Fire Chief utilizing a Rule
of Three, i.e., the Fire Chief may select from among the then current top three (3) candidates on
the promotional list. A candidate may refuse an assignment one (1) time without jeopardizing
their standing on the promotional list. A second refusal will result in removal from the
promotional list. Any candidate bypassed for selection in favor of a lower ranking candidate on
the promotional list shall be counseled, at the request of the bypassed candidate, as to the reason
the candidate was not selected for promotion.
100488587.1 1823-97044411
Page 58 of 63
ARTICLE 35
DURATION
1. This Agreement shall be for a three (3) year term Commencing October 1, 2021 and ending
September 30, 2024. The parties will commence negotiations for a successor agreement by June
1, 2024.
2. Employee compensation and. movement in the step plan will be frozen on September 30, 2024
(except increases resulting from assignment or promotion). Subsequent salary increases and
movement in the step plan or other adjustments to base wages (except increases resulting from
assignment or promotion will be as provided in a subsequent collective bargaining agreement.
{00488587.1 1823-97044411
Page 59 of 63
APPROVAL/SIGNATURE PAGE
Pursuant to Florida Statute 447.309, the VILLAGE's Chief Executive Officer and the UNION'S Bargaining
Agent hereby confirm that the foregoing represents the Collective Bargaining Agreement for 2018-
2021 reached by the negotiators through collective bargaining.
This Agreement shall not be binding on the Village of North Palm Beach until it has been ratified by
the Village Council and by the employees who are members of the bargaining unit.
THE GE SRT P,/BEACH
Andy Lukasik, Village Manager
PROFESSIONAL FIREFIGHTERS /
PARAMEDICS OF PALM BEACH
COUNTY, LOCAL 2928, IAFF, INC.
Angelo D/Ay/fo,/Aecretary-Treasurer
Victor Gonzal
District Vice President 12
Ratified by g the Village Council of Village of North Palm Beach on the /6da of
g Y
202, 61
g"
Ratified by employees in the bargaining unit on the _LL��day of dan ijetrK2022.
100488587.1 1823-9704441}
Fi refig
hter/Paramedic
Ste
Base Pa
1
$58,868.76
2
$60,929.16
3
$63,061.68
4
$65,268.84
5
$67,553.25
6
$69,917.62
7
$72,364.73
8
$74,897.50
9
$77,518.91
10
$80,232.07
11
$83,040.20
12
$85,946.60
13
$88,954.73
14
$92,068.15
15
$95,290.53
Captain
Step
Base Pa
1
$75,214.20
2
$77,846.70
3
$80,571.33
4
$83,391.33
5
$86,310.02
6
$89,330.87
7
$92,457.46
8
$95,693.47
9
$99,042.74
10
$102,509.23
11
$106,097.06
12
$109,810.45
13
$113,653.82
14
$117,631.70
15
$121,748.81
{00488587.11823-9704441}
ADDENDUM
Addendum A
Pay Schedule for 2021-2022
Driver Engineer/EMT
Step
Step
Base Pa
1
$59,898.37
2
$61,994.82
3
$64,164.63
4
$66,410.40
5
$68,734.76
6
$71,140.48
7
$73,630.39
8
$76,207.46
9
$78,874.72
10
$81,635.33
11
$84,492.57
12
$87,449.81
13
$90,510.55
14
$93,678.42
15
$96,957.17
Page 60 of 63
Driver
En ineer/Paramedic
Step
Base Pa
1
$63,829.66
2
$66,063.70
3
$68,375.93
4
$70,769.09
5
$73,246.01
6
$75,809.62
7
$78,462.95
8
$81,209.16
9
$84,051.48
10
$86,993.28
11
$90,038.04
12
$93,189.37
13
$96,451.00
14
$99,826.79
15
$103,320.72
Firefighter/Paramedic
Step
Step
Base Pa
1
$61,223.51
2
$63,366.33
3
$65,584.15
4
$67,879.60
5
$70,255.38
6
$72,714.32
7
$75,259.32
8
$77,893.40
9
$80,619.67
10
$83,441.36
11
$86,361.80
12
$89,384.47
13
$92,512.92
14
$95,750.88
15
$99,102.16
Captain
Step
Base Pa
1
$78,222.77
2
$80,960.56
3
$83,794.18
4
$86,726.98
5
$89,762.42
6
$92,904.11
7
$96,155.75
8
$99,521.20
9
$103,004.45
10
$106,609.60
11
$110,340.94
12
$114,202.87
13
$118,199.97
14
$122,336.97
15
$126,618.77
100488587.1 1823-97044411
Addendum B
Pay Schedule for 2022-2023
Driver Engineer/EMT
Step
Base Pa
1
$62,294.31
2
$64,474.61
3
$66,731.22
4
$69,066.81
5
$71,484.15
6
$73,986.10
7
$76,575.61
8
$79,255.76
9
$82,029.71
10
$84,900.75
11
$87,872.27
12
$90,947.80
13
$94,130.98
14
$97,425.56
15
$100,835.45
Page 61 of 63
Driver
Engineer/Paramedic
Ste
Base Pa
1
$66,382.85
2
$68,706.25
3
$71,110.97
4
$73,599.85
5
$76,175.85
6
$78,842.00
7
$81,601.47
8
$84,457.52
9
$87,413.53
10
$90,473.01
11
$93,639.56
12
$96,916.95
13
$100,309.04
14
$103,819.86
15
$107,453.55
Firefighter/Paramedic
Step
Base Pa
1
$63,672.45
2
$65,900.98
3
$68,207.52
4
$70,594.78
5
$73,065.60
6
$75,622.89
7
$78,269.70
8
$81,009.13
9
$83,844.45
10
$86,779.01
11
$89,816.28
12
$92,959.85
13
$96,213.44
14
$99,580.91
15
$103,066.24
Captain
Step
Base Pa
1
$81,351.68
2
$84,198.99
3
$87,145.95
4
$90,196.06
5
$931352.92
6
$96,620.27
7
$100,001.98
8
$103,502.05
9
$107,124.62
10
$110,873.99
11
$114,754.58
12
$118,770.99
13
$122,927.97
14
$127,230.45
15
$131,683.52
100488587.1 1823-9704441}
Addendum C
Pay Schedule for 2023-2024
Driver Engineer/EMT
Step
Base Pa
1
$64,786.08
2
$67,053.59
3
$69,400.47
4
$71,829.49
5
$74,343.52
6
$76,945.54
7
$79,638.63
8
$82,425.99
9
$85,310.90
10
$88,296.78
11
$91,387.16
12
$94,585.71
13
$97,896.21
14
$101,322.58
15
$104,868.87
Page 62 of 63
Driver
Engineer/Paramedic
Step
Base Pa
1
$69,038.16
2
$71,454.50
3
$73,955.41
4
$76,543.84
5
$79,222.88
6
$81,995.68
7
$84,865.53
8
$87,835.82
9
$90,910.08
10
$ 94,091.93
11
$97,385.15
12
$100,793.63
13
$104,321.40
14
$107,972.65
15
$111,751.70
Addendum D
2021 Slotting
Last First Rank Step
GIARRUSSO
ANTHONY
CAPTAIN 15
STONE
JACOB
CAPTAIN 11
HETZEL
ROBERT
CAPTAIN 11
GONZALEZ
VICTOR
DE/PM 15
WINEWSKI
FRANK
DE/PM 15
PICARD
WILLIAM
DE / EMT 15
APFEL
AMANDA
FF/PM 15
BRANDT
STEVEN
FF/PM 15
JENSEN
ERIK
FF/PM 15
ABDUL
JOHN
FF/PM 15
HOBBS
MICHAEL
FF/PM 15
MC INNES
ADAM
FF/PM 15
MOELLER
RYAN
FF/PM 15
BUSCH
DANIEL
FF/PM 11
VACCARO
FRED
FF/PM 9
TALPESH
STEPHEN
FF/PM 6
JACKSON
MICHAEL
FF/PM 3
ROSSI
FRANK
FF/PM 3
MALONEY
KEVIN
FF/PM 3
MCCORD
HANNAH
FF/PM 3
{00488587.11823-9704441}
Page 63 of 63
CERTIFICATE OF SIGNATURE AUTHORITY OF LESSEE
February 5, 2022
Pinnacle Public Finance, Inc.
8377 East Hartford Drive, Suite 115
Scottsdale, AZ 85255
RE: Schedule of Property No. 6 dated February 5, 2022 ("Lease") to the Master Equipment
Lease Purchase Agreement dated February 21, 2020 ("Agreement"), by and between
Village of North Palm Beach ("Lessee") and Pinnacle Public Finance, Inc. ("Lessor").
Dear Pinnacle Public Finance, Inc.,
I, the undersigned, do hereby certify
(i) that Andrew D. Lukasik / Village Manager
lease pfint the name and title of the person who signed the lease documents on the line above)
the officer of Lessee who executed the foregoing Lease and Agreement on behalf of Lessee and
whose genuine signature appears thereon, is the duly qualified and acting officer of Lessee as
stated beneath his or her signature and has been authorized to execute the foregoing Lease and
Agreement on behalf of Lessee, and
that the budget year of Lessee is from October 1St
Sincerely,
to September 3011'
Signature:
Name/Title: Jica Green / Village Clerk
Dated: I I Z-7
j'22—
The
Certificate of Signature Authority of Lessee should be executed by an authorized individual confirming the
executioner of the remaining documents is authorized. his document cannot be signedby_the person signini
the lease documen s ��
Pinnacle Public Finance
A BankUnited Company
January 26, 2022
Ms. Samia Janjua
Village of North Palm Beach
501 US Highway One
North Palm Beach, FL 33408
Re: Master Equipment Lease Purchase Agreement dated February 21, 2020 and Schedule of
Property No. 6 dated February 5, 2022
Dear Ms. Janjua:
Attached are the documents for the Master Equipment Lease Purchase Agreement between Village of
North Palm Beach and Pinnacle Public Finance, Inc. Please have the responsible parties execute the
enclosed documents and return them to Pinnacle Public Finance, Inc., 8377 East Hartford Drive, Suite
115, Scottsdale, AZ 85255.
To be completed and executed by an authorized representative of Village of North Palm Beach:
• Master Equipment Lease Purchase Agreement Signed Agreement on file with Pinnacle
• Amendment No. 1 Signed Agreement on file with Pinnacle
• Exhibit A: Schedule of Property No. 1 This is an itemization of the Equipment to be
purchased under this Schedule which incorporates the terms and conditions of the Master
Agreement into the Schedule. Please verify the information is correct and sign at the bottom.
• Exhibit A-1: Rental Payment Schedule This shows the date each payment is due, the
amount of each payment including the interest and principal components, and the purchase
price. Please verify this information is correct and sign at the bottom.
• Exhibit B: Acceptance Certificate Please hold until equipment is delivered.
• Bank Qualified Designation. This form provides a representation regarding the Bank
Qualified or Non -Bank Qualified status of the Lease. Please complete and sign this form.
• Insurance Coverage Requirements Please fill in the name, address and phone and fax
numbers of the insurance agent in the top section. Please sign at the bottom that all
information is accurate.
• Lease Payment Instructions Please complete the Lease Payment Instructions and include
any invoicing requirements in order to ensure prompt and accurate payment of all amounts
due under the Lease. Please sign at the bottom that all information is accurate.
• Form 8038G This form is to be sent and filed with the IRS. Please follow the separate
instructions for this form. Please return the form to us for filing.
• Legal Opinion of Counsel Please forward with the attorney cover letter to your counsel as
soon as possible with a set of the executed documentation.
8377 East Hartford Drive - Suite 115 Scottsdale, Arizona 85255 - 480/419-4800
FAX 480/419-3606 www.PinnaclePublieFinance.com
To be executed by an authorized individual, OTHER THAN THE REPRESENTATIVE WHO
EXECUTED THE ABOVE DOCUMENTS
• Certificate of Signature Authority. This document confirms that the person who has
executed the above document is authorized to do so. THIS CANNOT BE EXECUTED BY
THE SAME PERSON. Please forward this certificate, with the executed documents, to such
person.
In addition to the documents listed above, please provide us, prior to funding, with the following:
• Certificate of Insurance - evidencing both Liability and Physical Damage coverage in the
amounts stated on the Insurance Coverage Requirements form and naming Pinnacle Public
Finance, Inc. as loss payee and additional insured. Please have your Insurance Agent
reference Control #103123 on the certificate.
• Tax Exempt Certificate — for the Village of North Palm Beach
If you have any questions, please feel free to call me directly at 480-419-4233. Thank you for your
assistance. I look forward to working with you on this transaction.
Sincerely,
foie
Julie McMahon
Investment Associate
Enclosures
8377 East Hartford Drive • Suite 115 Scottsdale, Arizona 85255 • 480/419-4800
FAX 480/419-3606 www.PinnaclePublicFinance.com
AMENDMENT No. 1
TO
MASTER EQUIPMENT LEASE PURCHASE AGREEMENT DA'Z'ED FEBRUARY 21, 2020
LESSEE:
Village of North Palm Beach
501 U.S. Highway 1
North Palm Beach, FL 33408
LESSOR:
Pinnacle Public Finance, Inc.
8377 E. Hartford Dr., Suite 115
Scottsdale, AZ 85255
Pinnacle Public Finance, Inc. ("Lessor") and Village of North Palm Beach ("Lessee") hereby
enter into this amendment no. 1 ("Amendment"), which modifies the Master Equipment Lease Purchase
Agreement ("Agreement") executed between the parties as follows:
All capitalized terms not otherwise defined herein will have the meanings set forth in the
Agreement.
NOW, THEREFORE, in consideration of good and valuable consideration, the parties
intending to be legally bound agree as follows:
1. Supplement to Section 9 of the Master Lease. Section 9 of the Master Lease, entitled Rental
Payments, is hereby amended by adding the following sentence at the end of the existing section:
"Payments will come from sources other than ad valorem taxes."
2. Deletion to Section 16 of ' the Master Lease. The text of Section 16 of the Master Lease,
entitled Security Interest, is hereby deleted in its entirety and Section 16 is renamed "Reserved."
3. Amendment to Section 18 of the Master Lease. Section 18 of the Master Lease is hereby
amended by deleting any requirement that requires Lessee to name Lessor as an additional insured.
4. Supplement to Section 29 of the Master Lease. Section 29 of the Master Lease is hereby
amended by adding the following language to the end thereof:
"Nothing in this section shall waive Lessee's sovereign immunity
protections or the limitations of liability set forth in Section 768.28,
Florida Statutes, nor shall it create a cause of action in favor of any third
party -»
S. Clarification to Section 30 of the Master Lease. Section 30 of the Master Lease is amended,
for the avoidance of doubt, by adding "of Florida" to the end of the last sentence.
6. Effective Date. This Amendment is executed as of February 21, 2020.
7. Original Master Lease Otherwise to Remain in Full Force and Effect. Except as otherwise
expressly provided in this Amendment, the original Master Lease shall remain in full force and effect as
original executed and delivered and is ratified by the parties.
[Signature page follows]
IN WITNESS WHEREOF, the fully authorized representatives of the parties have executed
this Amendment as February 21, 2020.
LESSEE: age -of tli Palm Beach
By:
Title:: V 1, G w (iii
LESSOR: Pinnacle Public Finance, Inc.
By
Ath'l an D. Jimenez
Title: ManaQ.1,0g �I t . P
Pinnacle Public Finance
A BanklXbd Comparry
MASTER EQUIPMENT LEASE PURCHASE AGREEMENT
This Master Equipment Lease Purchase Agreement dated as of February 21, 2020 ("Agreement") and entered into between Pinnacle
Public Finance, Inc., a Delaware corporation ("Lessor"), and Village of North Palm Beach, a body corporate and politic existing
under the laws of the State of Florida ("Lessee").
1. Agreement. Lessee agrees to lease from Lessor certain
"Equipment" as described in each Equipment Schedule (Exhibit
A), which together with a Rental Payment Schedule (Exhibit A-
1) constitute a "Schedule", subject to the terms and conditions
of and for the purposes set forth in each Lease. Items of
equipment may be added to the Equipment from time to time by
execution of additional Schedules by the parties hereto and as
otherwise provided herein. Each Schedule and the terms and
provisions of this Agreement (which includes all exhibits
hereto, together with any amendments and modifications
pursuant thereto) which are incorporated by reference into such
Schedule shall constitute a separate and independent lease and
installment purchase of the Equipment therein described and are
referred to herein as a "Lease".
2. Term. The "Commencement Date" for each Lease is the
date when interest commences to accrue under such Lease
which date shall be the earlier of (i) the date on which the
Equipment listed in such Lease is accepted by Lessee in the
manner described in Section 12, or (ii) the date on which
sufficient monies to purchase the Equipment listed in such
Lease are deposited for that purpose with an escrow agent, or
(iii) the date sufficient monies are set aside for acquisition of
Equipment as evidenced by Exhibit D, if applicable. The
"Lease Term" for each Lease means the Original Term and all
Renewal Terms therein provided and for this Agreement means
the period from the date hereof until this Agreement is
terminated. The "Original Term" means the period from the
Commencement Date for each Lease until the end of Lessee's
fiscal year or biennium (as the case may be) (the "Fiscal
Period") in effect at such Commencement Date. The "Renewal
Term" for each Lease is each term having a duration that is
coextensive with the Fiscal Period.
3. Representations and Covenants of Lessee. Lessee
represents, covenants and warrants for the benefit of Lessor on
the date hereof and as of the Commencement Date of each
Lease as follows: (a) Lessee is a public body corporate and
politic duly organized and existing under the constitution and
laws of the State with full power and authority under the
constitution and laws of the state where the Lessee is located
("State") to enter into this Agreement and each Lease and the
transactions contemplated hereby and to perform all of its
obligations hereunder and under each Lease; (b) Lessee has
duly authorized the execution and delivery of this Agreement
and each Lease by proper action of its governing body at a
meeting duly called and held in accordance with State law, or
by other appropriate official approval, and all requirements
have been met and procedures have occurred to ensure the
validity and enforceability of this Agreement and each Lease;
(c) Lessee will do or cause to be done all things necessary to
preserve and keep in full force and effect its existence as a body
corporate and politic; (d) Lessee has complied with such public
bidding requirements as may be applicable to this Agreement
and each Lease and the acquisition by Lessee of the Equipment
as provided in each Lease; (e) during the Lease Term, the
Equipment will be used by Lessee solely and exclusively for the
purpose of performing essential governmental or proprietary
functions of Lessee consistent with the permissible scope of
Lessee's authority; (f) Lessee will annually provide Lessor with
current financial statements, budgets, proof of appropriation for
the ensuing Fiscal Period, and such other financial information
relating to the ability of Lessee to continue each Lease as may
be requested by Lessor; and (g) Lessee has an immediate need
for the Equipment listed on each Schedule and expects to make
immediate use of the Equipment listed on each Schedule.
4. Tax and Arbitrage Representations. Lessee hereby
represents as follows: (a) the estimated total costs of the
Equipment listed in each Schedule will not be less than the total
principal portion of the Rental Payments listed in such Rental
Payment Schedule; (b) the Equipment listed in each Schedule
has been ordered or is expected to be ordered within 6 months
of the Commencement Date, and all amounts deposited in
escrow to pay for the Equipment, and interest earnings, will be
expended on costs of the Equipment and the financing within 3
years of Commencement Date; (c) no proceeds of any Lease
will be used to reimburse Lessee for expenditures made more
than 60 days prior to the Commencement Date or, if earlier,
more than 60 days prior to any official action taken to evidence
an intent to finance; (d) Lessee has not created or established,
and does not expect to create or establish, any sinking fund or
similar fund (i) that is reasonably expected to be used to pay the
Rental Payments, or (ii) that may be used solely to prevent a
default in the payment of the Rental Payments; (e) the
Equipment listed in each Schedule has not been and is not
expected to be sold or otherwise disposed of by Lessee, either
in whole or in part, prior to the last maturity of Rental
Payments; (f) Lessee will comply with all applicable provisions
of the Internal Revenue Code of 1986, as amended ("Code"),
including without limitation Sections 103 and 148 thereof, and
the applicable regulations of the Treasury Department to
maintain the exclusion of the interest components of Rental
Payments from gross income for purposes of federal income
taxation; and (g) Lessee intends that each Lease not constitute a
"true" lease for federal income tax purposes.
S. Event of Taxability. Upon the occurrence of an Event of
Taxability, as herein defined, with respect to a Lease, the
interest component of the Rental Payments under such Lease
and any charge on Rental Payments or other amounts payable
based on the Coupon Rate shall accrue and be payable at the
Taxable Rate applicable to such Lease retroactive to the date as
of which the interest component is determined to be includible
in the gross income of the Lessor for federal income tax
purposes, and Lessee shall pay such additional amount as will
result in the Lessor receiving the interest component at the
Taxable Rate identified in the related Lease. The "Coupon
Rate" and "Taxable Rate" for such lease are the rates set forth
in such Lease's Rental Payment Schedule.
For purposes of this Section, 'Event of Taxability" means
either (a) the receipt by Lessor or Lessee of notice from a
federal court or federal administrative body, including the
Internal Revenue Service, that, as a result of any act, omission,
or event whatsoever, the interest payable under such Lease is
includable for federal income tax purposes in the gross income
of the Lessor; or (b) the receipt by Lessor or Lessee of a written
opinion of a nationally recognized firm of attorneys experienced
in matters pertaining to the tax-exempt status of interest on
obligations issued by states and their political subdivisions,
selected by Lessor and acceptable to Lessee, to the effect that
the interest component of any Rental Payment under such Lease
has become includable in the gross income of the Lessor thereof
for federal income tax purposes. The Event of Taxability shall
be deemed to occur on the date as of which the interest
component of any Rental Payment is deemed includable in the
gross income of the owner thereof for federal income tax
purposes.
6. Lease of Equipment. Upon the execution of each Lease,
Lessor demises, leases, transfers, and lets to Lessee, and Lessee
acquires, rents, leases and hires from Lessor, the Equipment in
accordance with the terms thereof. The Lease Term for each
Lease may be continued, solely at the option of Lessee, at the
end of the Original Term or any Renewal Term for the next
succeeding Renewal Term up to the maximum Lease Term set
forth in such Lease. At the end of the Original Term and at the
end of each Renewal Term the Lease Term shall be
automatically extended upon the successive appropriation by
Lessee's governing body of amounts sufficient to pay Rental
Payments and other amounts payable under the related Lease
during the next succeeding Fiscal Period until all Rental
Payments payable under such Lease have been paid in full,
unless Lessee shall have terminated such Lease pursuant to
Section 8 or Section 23. The terms and conditions during any
Renewal Term shall be the same as the terms and conditions
during the Original Term, except that the Rental Payments shall
be as provided in the applicable Lease.
7. Continuation of Lease Term. Lessee currently intends,
subject to Section 8, to continue the Lease Term of each Lease
through the Original Term and all Renewal Terms and to pay
the Rental Payments thereunder. Lessee reasonably believes
that legally available funds in an amount sufficient to make all
Rental Payments during the maximum Lease Term of each
Lease can be obtained. Lessee currently intends to do all things
lawfully within its power to obtain and maintain funds from
which the Rental Payments may be made, including making
provision for such payments to the extent necessary in each
budget or appropriation request submitted and adopted in
accordance with applicable provisions of law. Notwithstanding
the foregoing, the decision whether or not to budget and
appropriate funds or to extend the applicable Schedule for any
Renewal Term is within the discretion of the governing body of
Lessee.
8. Nonappropriatlon. Lessee is obligated only to pay
such Rental Payments under each Lease as may lawfully be
made from funds budgeted and appropriated for that purpose.
Should Lessee fail to budget, appropriate or otherwise make
available funds to pay Rental Payments under any Lease
following the then current Original Term or Renewal Term,
such Lease or Leases shall be deemed terminated at the end of
the then current Original Term or Renewal Term. Lessee
agrees to deliver notice to Lessor of such termination at least 30
days prior to the end of the then current Original Term or
Renewal Term, but failure to give such notice shall not extend
the term beyond such Original Term or Renewal Term. If any
Lease is terminated in accordance with this Section, Lessee
agrees to peaceably deliver the Equipment to Lessor at the
location(s) to be specified by Lessor.
9. Conditions to Lessor's Performance. This Agreement
is not a commitment by Lessor to enter into any Lease not
currently in existence, and nothing in this Agreement shall be
construed to impose any obligation upon Lessor to enter into
any proposed Lease, it being understood that whether Lessor
enters into any proposed Lease shall be a decision solely within
Lessor's discretion. Lessee will cooperate with Lessor in
Lessor's review of any proposed Lease. Lessee understands that
Lessor requires certain documentation and information
necessary to enter into any Lease and -Lessee agrees to provide
Lessor with any documentation or information Lessor may
request in connection with Lessor's review of any proposed
Lease. Such documentation may include, without limitation,
documentation concerning the Equipment and its contemplated
use and location and documentation or information concerning
the financial status of Lessee and other matters related to
Lessee.
10. Rental Payments. Lessee shall promptly pay "Rental
Payments" as described in Exhibit A-1 to each Lease,
exclusively from legally available funds, to Lessor on the dates
and in such amounts as provided in each Lease. Lessee shall pay
Lessor a charge on any Rental Payment not paid on the date such
payment is due at the rate of 12% per annum or the maximum rate
permitted by law, whichever is less, from such date until paid.
Rental Payments consist of principal and interest portions. Lessor
and Lessee understand and intend that the obligation of Lessee
to pay Rental Payments under each Lease shall constitute a
current expense of Lessee and shall not in any way be
construed to be a debt of Lessee in contravention of any
applicable constitutional or statutory limitation or requirement
concerning the creation of indebtedness by Lessee, nor shall
anything contained herein or in a Lease constitute a pledge of
the general tax revenues, funds or monies of Lessee.
11. RENTAL PAYMENTS TO BE UNCONDITIONAL.
EXCEPT AS PROVIDED IN SECTION 8, THE
OBLIGATIONS OF LESSEE TO MAKE RENTAL
PAYMENTS AND TO PERFORM AND OBSERVE THE
OTHER COVENANTS AND AGREEMENTS CONTAINED
IN EACH LEASE SHALL BE ABSOLUTE AND
UNCONDITIONAL IN ALL EVENTS WITHOUT
ABATEMENT, DIMINUTION, DEDUCTION, SET-OFF OR
DEFENSE, FOR ANY REASON, INCLUDING WITHOUT
LIMITATION ANY FAILURE OF THE EQUIPMENT TO BE
DELIVERED OR INSTALLED, ANY DEFECTS,
MALFUNCTIONS, BREAKDOWNS OR INFIRMITIES IN
THE EQUIPMENT OR ANY ACCIDENT,
CONDEMNATION OR UNFORESEEN CIRCUMSTANCES.
12. Delivery; Installation; Acceptance. Lessee shall order
the Equipment, cause the Equipment to be delivered and
installed at the location specified in each Lease and pay any and
all delivery and installation costs in connection therewith.
When the Equipment listed in any Lease has been delivered and
installed, Lessee shall immediately accept such Equipment and
evidence said acceptance by executing and delivering to Lessor
an Acceptance Certificate (Exhibit B). Lessor shall provide
Lessee with quiet use and enjoyment of the Equipment during
the Lease Term.
13. _Location; Inspection. Once installed, no item of the
Equipment will be moved from the location specified for it in
the Lease on which such item is listed without Lessor's consent,
which consent shall not be unreasonably withheld. Lessor shall
have the right at all reasonable times during regular business
hours to enter into and upon the property of Lessee for the
purpose of inspecting the Equipment.
14. Use; Maintenance. Lessee will not install, use, operate
or maintain the Equipment improperly, carelessly, in violation
of any applicable law or in a manner contrary to that
contemplated by the related Lease. Lessee shall provide all
permits and licenses, if any, necessary for the installation and
operation of the Equipment. In addition, Lessee agrees to
comply in all respects with all applicable laws, regulations and
rulings of any legislative, executive, administrative or judicial
body. Lessee agrees that it will, at Lessee's own cost and
expense, maintain, preserve and keep the Equipment in good
repair and working order. Lessee will enter into a maintenance
contract for the Equipment that is acceptable to Lessor.
IS. Title. Upon acceptance of the Equipment under a Lease
by Lessee, title to the Equipment shall vest in Lessee subject to
Lessor's rights under the Lease; provided that title shall
thereafter immediately and without any action by Lessee vest in
Lessor, and Lessee shall immediately surrender possession of
the Equipment to Lessor, upon (a) any termination of the
applicable Lease other than termination pursuant to Section 23
or (b) the occurrence of an Event of Default. Transfer of title to
Lessor pursuant to this Section shall occur automatically
without the necessity of any bill of sale, certificate of title or
other instrument of conveyance. Lessee shall, nevertheless,
execute and deliver any such instruments as Lessor may request
to evidence such transfer.
16. Security Interest. To secure the payment of all of
Lessee's obligations under each Lease, upon the execution of
such Lease, Lessee grants to Lessor a security interest
constituting a first and exclusive lien on the Equipment
applicable to such Lease and on all proceeds therefrom. Lessee
agrees to execute such additional documents, in form
satisfactory to Lessor, which Lessor deems necessary or
appropriate to establish and maintain its security interest in the
Equipment. The Equipment is and will remain personal
property and will not be deemed to be affixed to or a part of the
real estate on which it may be situated.
17. Liens, Taxes, Other Governmental Charges and
_Utility Charges. Lessee shall keep the Equipment free of all
levies, liens and encumbrances except those created by each
Lease. The parties to this Agreement contemplate that the
Equipment will be used for governmental or proprietary
purposes of Lessee and that the Equipment will therefore be
exempt from all property taxes. If the use, possession or
acquisition of any Equipment is nevertheless determined to be
subject to taxation, Lessee shall pay when due all taxes and
governmental charges lawfully assessed or levied against or
with respect to such Equipment. Lessee shall pay all utility and
other charges incurred in the use and maintenance of the
Equipment. Lessee shall pay such taxes or charges as the same
may become due.
18. Insurance. At its own expense, Lessee shall during
each Lease Term maintain (a) casualty insurance insuring the
Equipment against loss or damage by fire and all other risks
covered by the standard extended coverage endorsement then in
use in the State and any other risks reasonably required by
Lessor, in an amount at least equal to the then applicable
"Purchase Price" of the Equipment as described in Exhibit A-1
of each Lease; (b) liability insurance that protects Lessee from
liability in all events in form and amount satisfactory to Lessor;
and (c) workers' compensation coverage as required by the laws
of the State; provided that, with Lessor's prior written consent,
Lessee may self -insure against the risks described in clauses (a)
and (b). Lessee shall furnish to Lessor evidence of such
insurance or self-insurance coverage throughout each Lease
Term. Lessee shall not materially modify or cancel such
insurance or self-insurance coverage without first giving written
notice thereof to Lessor at least 10 days in advance of such
cancellation or modification. All such insurance described in
clauses (a) and (b) above shall contain a provision naming
Lessor as a loss payee and additional insured.
19. Advances. In the event Lessee shall fail to keep the
Equipment in good repair and working order, Lessor may, but
shall be under no obligation to, maintain and repair the
Equipment and pay the cost thereof. All amounts so advanced
by Lessor shall constitute additional rent for the then current
Original Term or Renewal Term and Lessee agrees to pay such
amounts so advanced by Lessor with interest thereon from the
advance date until paid at the rate of 12% per annum or the
maximum rate permitted by law, whichever is less.
20. Damage, Destruction and Condemnation. If (a) the
Equipment or any portion thereof is destroyed, in whole or in
part, or is damaged by fire or other casualty or (b) title to, or the
temporary use of, the Equipment or any part thereof shall be
taken under the exercise or threat of the power of eminent
domain by any governmental body or by any person, firm or
corporation acting pursuant to governmental authority, Lessee
and Lessor will cause the Net Proceeds to be applied to the
prompt replacement, repair, restoration, modification or
improvement of the Equipment to substantially the same
condition as existed prior to the event causing such damage,
destruction, or condemnation, unless Lessee shall have
exercised its option to purchase the Equipment pursuant to
Section 23. Any balance of the Net Proceeds remaining after
such work has been completed shall be paid to Lessee.
For purposes of this Section, the term "Net Proceeds" shall
mean (y) the amount of insurance proceeds received by Lessee
for replacing, repairing, restoring, modifying, or improving
damaged or destroyed Equipment, or (z) the amount remaining
from the gross proceeds of any condemnation award or sale
under threat of condemnation after deducting all expenses,
including attorneys' fees, incurred in the collection thereof. If
the Net Proceeds are insufficient to pay in full the cost of any
replacement, repair, restoration, modification or improvement
referred to herein, Lessee shall either (a) complete such
replacement, repair, restoration, modification or improvement
and pay any costs thereof in excess of the amount of the Net
Proceeds, or (b) pursuant to Section 23 purchase Lessor's
interest in the Equipment and in any other Equipment listed in
the same Lease. The amount of the Net Proceeds, if any,
remaining after completing such replacement, repair,
restoration, modification or improvement or after purchasing
Lessor's interest in the Equipment and such other Equipment
shall be retained by Lessee. If Lessee shall make any payments
pursuant to this Section, Lessee shall not be entitled to any
reimbursement therefor from Lessor nor shall Lessee be entitled
to any diminution of the amounts payable under Section 10.
21. DISCLAIMER OF _ WARRANTIES. LESSOR
MAKES NO WARRANTY OR REPRESENTATION,
EITHER EXPRESS OR EAPLIED, AS TO THE VALUE,
DESIGN, CONDITION, MERCHANTABILITY OR FITNESS
FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF
THE EQUIPMENT, OR WARRANTY WITH RESPECT
THERETO WHETHER EXPRESS OR IMPLIED, AND
LESSEE ACCEPTS SUCH EQUIPMENT AS IS AND WITH
ALL FAULTS. IN NO EVENT SHALL LESSOR BE LIABLE
FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR
ARISING OUT OF ANY LEASE OR THE EXISTENCE,
FURNISHING, FUNCTIONING OR LESSEE'S USE OF ANY
ITEM, PRODUCT OR SERVICE PROVIDED FOR IN ANY
LEASE.
22. Vendor's Warranties. Lessor hereby irrevocably
appoints Lessee as its agent and attorney-in-fact during each
Lease Term, so long as Lessee shall not be in default under the
related Lease, to assert from time to time whatever claims and
rights (including without limitation warranties) relating to the
Equipment that Lessor may have against Vendor. The term
"Vendor" means any supplier or manufacturer of the Equipment
as well as the agents or dealers of the manufacturer or supplier
from whom Lessor purchased or is purchasing such Equipment.
Lessee's sole remedy for the breach of such warranty,
indemnification or representation shall be against Vendor of the
Equipment, and not against Lessor. Any such matter shall not
have any effect whatsoever on the rights or obligations of
Lessor with respect to any Lease, including the right to receive
full and timely payments under a Lease. Lessee expressly
acknowledges that Lessor makes, and has made, no
representations or warranties whatsoever as to the existence or
the availability of such warranties by Vendor of the Equipment.
23. Purchase Option. Lessee shall have the option to
purchase Lessor's interest in all of the Equipment listed in any
Lease, upon giving written notice to Lessor at least 60 days
before the date of purchase, at the following times and upon the
following terms: (a) on the Rental Payment dates specified in
each Lease, upon payment in full of the Rental Payments then due
under such Lease plus the then applicable Purchase Price as
referenced in Exhibit A-1; or (b) in the event of substantial
damage to or destruction or condemnation of substantially all of
the Equipment listed in a Lease, on the day specified in Lessee's
notice to Lessor of its exercise of the purchase option upon
payment in full to Lessor of the Rental Payments then due under
such Lease plus the then applicable Purchase Price plus accrued
interest from the immediately preceding Rental Payment date to
such purchase date.
24. Assignment. Lessor's right, title and interest in and to
each Lease, including Rental Payments and any other amounts
payable by Lessee thereunder and all proceeds therefrom, may
be assigned and reassigned to one or more assignees or
subassignees by Lessor without the necessity of obtaining the
consent of Lessee; provided that any such assignment shall not
be effective until (a) Lessee has received written notice, signed
by the assignor, of the name and address of the assignee, and
(b) it is registered on the registration books. Lessee shall retain
all such notices as a register of all assignees in compliance with
Section 149(a) of the Code, and shall make all payments to the
assignee or assignees designated in such register. Lessee agrees
to execute all documents that may be reasonably requested by
Lessor or any assignee to protect its interests and property
assigned pursuant to this Section. Lessee shall not have the
right to and shall not assert against any assignee any claim,
counterclaim or other right Lessee may have against Lessor or
Vendor. Assignments may include without limitation
assignment of all of Lessor's security interest in and to the
Equipment listed in a particular Lease and all rights in, to and
under the Lease related to such Equipment. Lessee hereby
agrees that Lessor may, without notice to Lessee, sell, dispose
of, or assign this Agreement or any particular Lease or Leases
through a pool, trust, limited partnership, or other similar entity,
whereby one or more interests are created in this Agreement or
in a Lease or Leases, or in the Equipment listed in or the Rental
Payments under a particular Lease or Leases.
None of Lessee's right, title and interest in, to and under
any Lease or any portion of the Equipment listed in each Lease
may be assigned, subleased, or encumbered by Lessee for any
reason without obtaining prior written consent of Lessor.
25. Events of Default. Any of the following events shall
constitute an "Event of Default" under a Lease: (a) failure by
Lessee to pay any Rental Payment or other payment required to
be paid under a Lease at the time specified therein; (b) failure
by Lessee to observe and perform any covenant, condition or
agreement on its part to be observed or performed, other than as
referred to in subparagraph (a) above, for a period of 30 days
after written notice specifying such failure and requesting that it
be remedied is given to Lessee by Lessor; (c) any statement,
representation or warranty made by Lessee in or pursuant to any
Lease shall prove to have been false, incorrect, misleading or
breached in any material respect on the date when made; or (d)
Lessee institutes any proceedings under any bankruptcy,
insolvency, reorganization or similar law or a receiver or similar
official is appointed for Lessee or any of its property.
26. Remedies on Default. Whenever any Event of Default
exists, Lessor shall have the right, at its sole option without any
further demand or notice, to take one or any combination of the
following remedial steps: (a) by written notice to Lessee, Lessor
may declare all Rental Payments payable by Lessee pursuant to
such Lease and other amounts payable by Lessee under such
Lease to the end of the then current Original Term or Renewal
Term to be immediately due and payable; (b) with or without
terminating the Lease Term under such Lease, Lessor may enter
the premises where the Equipment listed in such Lease is
located and retake possession of such Equipment or require
Lessee at Lessee's expense to promptly return any or all of such
Equipment to the possession of Lessor at such place within the
United States as Lessor shall specify, and sell or lease such
Equipment or, for the account of Lessee, sublease such
Equipment, continuing to hold Lessee liable for the difference
between (i) the Rental Payments payable by Lessee pursuant to
such Lease and other amounts related to such Lease of the
Equipment listed therein that are payable by Lessee to the end
of the then current Original Term or Renewal Term, as the case
may be, and (ii) the net proceeds of any such sale, leasing or
subleasing (after deducting all expenses of Lessor in exercising
its remedies under such Lease, including without limitation all
expenses of taking possession, storing, reconditioning and
selling or leasing such Equipment and all brokerage,
auctioneer's and attorney's fees), subject, however, to the
provisions of Section 8 hereof. The exercise of any such
remedies in respect of any such Event of Default shall not
relieve Lessee of any other liabilities under any other Lease or
the Equipment listed therein; and (c) Lessor may take whatever
action at law or in equity may appear necessary or desirable to
enforce its rights under such Lease or as a secured party in any
or all of the Equipment. Any net proceeds from the exercise of
any remedy under a Lease (after deducting all costs and
expenses referenced in the Section) shall be applied as follows:
(i) if such remedy is exercised solely with respect to a single
Lease, Equipment listed in such Lease or rights thereunder, then
to amounts due pursuant to such Lease and other amounts
related to such Lease or such Equipment; or (ii) if such remedy
is exercised with respect to more than one Lease, Equipment
listed in more than one Lease or rights under more than one
Lease, then to amounts due pursuant to such Leases pro -rata.
27. No Remedy Exclusive. No remedy herein conferred
upon or reserved to Lessor is intended to be exclusive and every
such remedy shall be cumulative and shall be in addition to
every other remedy given under a Lease now or hereafter
existing at law or in equity.
28. Notices. All notices or other communications under
any Lease shall be sufficiently given and shall be deemed given
when delivered or mailed by registered mail, postage prepaid,
to the parties hereto at the addresses listed below (or at such
other address as either party hereto shall designate in writing to
the other for notices to such party), or to any assignee at its
address as it appears on the registration books maintained by
Lessee.
29. Release and Indemnification. To the extent permitted
by State law, and subject to Section 7, Lessee shall indemnify,
release, protect, hold harmless, save and keep harmless Lessor
from and against any and all liability, obligation, loss, claim, tax
and damage whatsoever, regardless of cause thereof, and all
expenses in connection therewith (including, without limitation,
attorney's fees and expenses, penalties connected therewith
imposed on interest received) arising out of or as result of (a)
entering into any Lease, (b) the ownership of any item of
Equipment, (c) the ordering, acquisition, use, operation,
condition, purchase, delivery, rejection, storage or return of any
item of Equipment, (d) any accident in connection with the
operation, use, condition, possession, storage or return of any
item of Equipment resulting in damage to property or injury to
or death to any person, and/or (e) the breach of any covenant or
any material representation contained in a Lease. The
indemnification arising under this Section shall continue in full
force and effect notwithstanding the full payment of all
obligations under all Leases or the termination of the Lease
Term under all Leases for any reason.
30. Miscellaneous Provisions. Each Lease shall inure to
the benefit of and shall be binding upon Lessor and Lessee and
their respective successors and assigns. References herein to
"Lessor" shall be deemed to include each of its assignees and
subsequent assignees from and after the effective date of each
assignment as permitted by Section 24. In the event any
provision of any Lease shall be held invalid or unenforceable by
any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision thereof.
Each Lease may be amended by mutual written consent of
Lessor and Lessee. Each Lease may be simultaneously
executed in several counterparts, each of which shall be an
original and all of which shall constitute but one and the same
instrument. The captions or headings in this Agreement and in
each Lease are for convenience only and in no way define, limit
or describe the scope or intent of any provisions or sections of
this Agreement or any Lease. This Agreement and each Lease
shall be governed by and construed in accordance with the laws
of the State.
[Signature Page Follows]
IN WITNESS WHEREOF, Lessor and Lessee have caused this Agreement to be executed in their names by their duly authorized
representatives as of the date first above written.
(LESSOR)
Pinnacle Public Finance, Inc.
8377 East Hartford Drive, Suite 115
Scottsdale, AZ 85255
Signature:
Name/Title: ti ls�n D: Jimenez
04
Date: Z 12:!) [2_cqu
(LESSEE)
Village of North Palm Beach
501 US Highway One
North Palm Beach, Fla 334
Signature:
-Name/Title: 0_Yjjj tukg S i k.,: V;))(
Date:'/�
EXHIBIT A
SCHEDULE OF PROPERTY NO.6
RE: MASTER EQUIPMENT LEASE PURCHASE AGREEMENT entered into as of February 21, 2020, ("Agreement"), between
Pinnacle Public Finance, Inc. ("Lessor") and Village of North Palm Beach ("Lessee"). All terms used and not otherwise defined
herein have the meanings ascribed to them in the Agreement.
The following items of Equipment are hereby included under this Schedule to the Agreement.
To the extent that less than all of the Equipment subject to this Schedule has been installed and accepted by Lessee on or prior to the
date hereof, Lessee hereby acknowledges that a portion of the Equipment has not been delivered, installed and accepted by Lessee for
purposes of this Lease and Lessor hereby commits to provide funds in an amount sufficient to pay the costs to acquire and install the
Equipment. In consideration of the foregoing, Lessee hereby acknowledges and agrees that its obligation to make Rental Payments as
set forth in this Schedule is absolute and unconditional as of the date hereof and on each date and in the amounts as set forth in the
Rental Payment Schedule, subject to the terms and conditions of the Lease.
Ninety five percent of the financing costs are being used to acquire assets that will be capitalized.
DESCRIPTION OF EQUIPMENT
Quanti1y Description Model No. Serial No.
TWO (2) POLICE VEHICLE— UNMARKED
THREE (3) POLICE VEHICLE - MARKED
ONE (1) REAR LOAD COLLECTION TRUCK
ONE (1) FIRE RESCUE VEHICLE SUBURBAN
Lessee hereby represents, warrants and covenants that its representations, warranties and covenants set forth in the Agreement are true
and correct as though made on the Commencement Date of Rental Payments under this Schedule. The terms and provisions of the
Agreement (other than to the extent that they relate solely to other Schedules or Equipment listed on other Schedules) are
hereby incorporated into this Schedule by reference and made a part hereof.
Dated: February 5, 2022
Lessor: Pinnacle Public Finance, Inc.
Signature:
Name/Title:
Date:
Lessee: Village of No
Signature:
Name/Title: Andrew D. Lukasik / Village Manager
Date: iL2- "7
L0.4IVIIoil II:QiI
RENTAL PAYMENT SCHEDULE
RE: Schedule of Property No. 6 dated February 5, 2022 to Master Equipment Lease Purchase Agreement dated as
of February 21, 2020 between Pinnacle Public Finance, Inc., as Lessor, and Village of North Palm Beach, as
Lessee.
Pmt #
Payment
Date
Payment
Amount
Interest
Principal
Purchase
Price
Outstanding
Balance
2/5/2022
$482,712.07
1
11/5/2022
$25,471.90
$6,299.39
$19,172.51
$463,539.56
$463,539.56
2
2/5/2023
$25,471.90
$2,016.40
$23,455.50
$440,084.06
$440,084.06
3
5/5/2023
$25,471.90
$1,914.37
$23,557.53
$416,526.53
$416,526.53
4
8/5/2023
$25,471.90
$1,811.89
$23,660.01
$392,866.52
$392,866.52
5
11/5/2023
$25,471.90
$1,708.97
$23,762.93
$369,103.59
$369,103.59
6
2/5/2024
$25,471.90
$1,605.60
$23,866.30
$345,237.29
$345,237.29
7
5/5/2024
$25,471.90
$1,501.78
$23,970.12
$321,267.18
$321,267.18
8
8/5/2024
$25,471.90
$1,397.51
$24,074.39
$297,192.79
$297,192.79
9
11/5/2024
$25,471.90
$1,292.79
$24,179.11
$273,013.68
$273,013.68
10
2/5/2025
$25,471.90
$1,187.61
$24,284.29
$248,729.39
$248,729.39
11
5/5/2025
$25,471.90
$1,081.97
$24,389.93
$224,339.47
$224,339.47
12
8/5/2025
$25,471.90
$975.88
$24,496.02
$199,843.44
$199,843.44
13
11/5/2025
$25,471.90
$869.32
$24,602.58
$175,240.86
$175,240.86
14
2/5/2026
$25,471.90
$762.30
$24,709.60
$150,531.26
$150,531.26
15
5/5/2026
$25,471.90
$654.81
$24,817.09
$125,714.18
$125,714.18
16
8/5/2026
$25,471.90
$546.86
$24,925.04
$100,789.13
$100,789.13
17
11/5/2026
$25,471.90
$438.43
$25,033.47
$75,755.67
$75,755.67
18
2/5/2027
$25,471.90
$329.54
$25,142.36
$50,613.31
$50,613.31
19
5/5/2027
$25,471.90
$220.17
$25,251.73
$25,361.58
$25,361.58
20
8/5/2027
$25,471.90
$110.32
$25,361.58
$0.00
$0.00
Totals:
$509,437.97
$26,725.90
$482,712.07
Rate 1.7400%
COMMENCEMENT DATE: February 5, 2022
Village of North Palm ch
Signature:
Name/Title: Andrew D. Lukasik / Village Manager
Date: C Z 7
EXHIBIT B
PLEASE COMPLETE EITHER FINAL OR PARTIAL ACCEPTANCE, AS RELEVANT
FINAL ACCEPTANCE CERTIFICATE
Re: Schedule of Property No. 6 dated February 5, 2022 to Master Equipment Lease Purchase Agreement dated as of February 21, 2020 between Pinnacle Public Finance,
Inc., as Lessor, and Village of North Palm Beach, as Lessee.
In accordance with the Master Equipment Lease Purchase Agreement (the "Agreement"), the undersigned Lessee hereby certifies and represents to, and agrees with Lessor as
follows:
(1) All of the Equipment (as such term is defined in the Agreement) listed in the above -referenced Schedule of Property (the "Schedule") has been delivered, installed and
accepted on the date hereof.
(2) Lessee has conducted such inspection and/or testing of the Equipment listed in the Schedule as it deems necessary and appropriate and hereby acknowledges that it
accepts the Equipment for all purposes.
(3) Lessee is currently maintaining the insurance coverage required by Section 17 of the Agreement.
(4) No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default (as defined in the Agreement) exists at the date
hereof.
LESSEE
Village of North Palm Beach
Signature:
Name/Title:
Acceptance Date:
>OR<
PAYMENT REQUEST and PARTIAL ACCEPTANCE`CERTIFICATE
Pinnacle Public Finance, Inc. is hereby requested to pay the person or entity designated below as Payee, the sum set forth below in payment of a portion or all of the
cost of the acquisition described below. The amount shown below is due and payable under the invoice of the Payee attached hereto with respect to the cost of the
acquisition of the equipment and has not formed the basis of any prior request for payment. The equipment described below is part or all of the "Equipment" listed in
Exhibit A to the Master Equipment Lease Purchase Agreement referenced above.
Quantijy Serial Number/Description: Amount:
Payee:
Payee's Federal ID Number:
Lessee hereby certifies and represents to and agrees with Lessor as follows: (i) the equipment described above has been delivered, installed and accepted on the date hereof, (ii) Lessee has
conducted such inspection and/or testing of said equipment as it deems necessary and appropriate and hereby acknowledges that it accepts said equipment for all purposes; (iii) Lessee is
currently maintaining the insurance coverage required by Section 17 of the Agreement; (iv) no event or condition that constitutes, or with notice or lapse of time or both would constitute, an
Event of Default (as such term is defined in the Agreement) exists at the date hereof.
Dated: LESSEE
Village of North Palm Beach
Signature:
Name/Title:
PLEASE RETURN PAYMENT REQUEST TO:
Pinnacle Public Finance, Inc.
8377 East Hartford Drive, Suite 115
Scottsdale, AZ 85255
TORCIVIA, DONLON,
GODDEAU & RUBIN, P.A.
701 Northpoint Parkway, Suite 209
West Palm Beach, Florida 33407-1950
561-686-8700 Telephone / 56.1-686.-8764 Facsimile
www.torcivialaw.com
Glen J. Torcivia
Lara Donlon
Christy L. Goddeau*
Leonard G. Rubin*
*FLORIDA BAR BOARD CERTIFIED
CITY COUNTY AND LOCAL GOVERNMENT ATTORNEY
January 27, 2022
Pinnacle Public Finance, Inc.
8377 E. Hartford Drive, Suite 115
Scottsdale, AZ 85255
Jennifer H.R. Hunecke
Susan M. Garrett
Elizabeth V. Lenihan*
Denise A. Mutamba
Aleksandr Boksner
Re: Schedule of Property No. 6, dated February 5, 2022 to Master Equipment Lease Purchase
Agreement dated as of February 21, 2020 between Pinnacle Public Finance, Inc., as Lessor,
and Village of North Palm Beach, as Lessee.
Ladies and Gentlemen:
As legal counsel to Village of North Palm Beach, (the "Lessee"'), I have examined (a) an executed
counterpart of a certain Master Equipment Lease Purchase Agreement dated as. of February 21,.
2020 and, Exhibits thereto by and between Pinnacle Public Finance, Inc, (the "Lessor") and Village
of North Palm Beach, (the "Agreement") and an executed counterpart of Schedule of Property No.
6 dated February 5, 2022 by and between Lessor and Lessee (the "Schedule"), which, among other
things, provides for the lease with option to purchase to the Lessee of certain property listed in the
Schedule (the "Equipment"), (b) an executed counterpart of the ordinances or resolutions of Lessee
which, among other things, authorize Lessee to execute the Agreement and the Schedule and (c)
such other opinions, documents and mattersof law as I have deemed necessary in connection with
the following opinion. The Schedule and the terms and provisions of the Agreement incorporated
therein by reference together with the Rental Payment Schedule attached to the Schedule are herein
referred to collectively as the "Lease'.
In rendering this opinion, I have assumed without inquiry:
(a) The authenticity of all documents submitted to me as copies of the originals, and the
conformity of such copies to the originals as they are finally executed and delivered by
Lessee and Lessor;
(b) That the Lease has been or will be duly authorized, executed and delivered by Lessor;
Pinnacle Public Finance, Inc.
January 27, 2022
Page 2
(c) That the Lease constitutes valid, legal and binding obligations of Lessor enforceable
against Lessor in accordance with its terms; and
(d) That the Lease accurately describes and contains the mutual understandings of the parties,
and that there are not oral or written statements or agreements that modify, amend or vary,
or purport to modify, amend or vary, any of the terms thereof.
Based on the foregoing, I am of the following opinion:
(1) Lessee is a public body corporate and politic, duly organized and existing under the laws
of the State, or has a substantial amount of one the following sovereign powers (a) the
power to tax, (b) the power of eminent domain, or (c) police power;
(2) The name of the lessee contained in the Lease is the correct legal name of the Lessee;
(3) Lessee has the. requisite power and authority to lease and acquire the Equipment with an
option to purchase and to execute and deliver the Lease and to perform its obligations under
the Lease;
(4) The Lease has been duly authorized, approved, executed, and delivered by and on behalf
of Lessee .and the Lease is a legal, valid and binding obligation of Lessee enforceable in
accordance with its terms, subject to (i) all applicable bankruptcy, reorganization,
insolvency, . fraudulent conveyance, moratorium and other similar laws; (ii) the
qualification that certain waivers, restrictions and remedies provided for an this Lease,
including without limitation certain indemnification obligations, may be wholly or partially
unenforceable under Florida law; and (iii) general principles of equity,
(5) The: authorization, approval, execution, and delivery of the Lease and all other proceedings
of Lessee relating to the transactions contemplated thereby have been performed in
accordance with all open meeting laws, public bidding laws and all other applicable state
laws; and
(6) To the best of my knowledge, there is no proceeding pending or threatened in any court or
before any governmental authority or arbitration board or tribunal that, if adversely
determined, would adversely affect the transactions contemplated by the Lease or the
security interest of Lessor or its assigns, as the case may be, in the. Equipment thereunder.
All of the opinions set forth above are also subject to the following qualifications, limitations and
exceptions:
(a) The opinions expressed herein are limited to matters governed by the laws of the State of
Florida. No opinion is expressed regarding the laws of any other jurisdiction.
(b) The opinions expressed herein are based upon the law in effect on the date hereof, and we
assume .no obligation to revise or supplement them if the law is changed by legislative
action, judicial decision or otherwise.
Torcivia, Donlon, Goddeau & Rubin, P.A., 701 Northpoint Parkway, Suite 209, West Palm Beach, Florida 33407
(561) 686-8700 - (561) 686-8764 (facsimile)
Pinnacle Public Finance, Inc.
January 27, 2022
Page 3
All capitalized terms herein shall have the salve meanings as in the Lease unless otherwise
provided herein. Lessor, its successors and assigns, and any counsel rendering an opinion on the
tax-exempt status of the,interestcomponents of the Rental Payments, are entitled to rely on this
opinion.
Sincerely yours,
Leonard G. Rubin
Village Attorney
Torcivia, Donlon, Goddeau & Rubin, P.A., 701 Northpoint Parkway, Suite 209, West Palm Beach, Florida 33407
(S61) 686-8700 - (561) 686-8764 (facsimile)
EXHIBIT D
INTERNAL ESCROW LETTER
February 5, 2022
Pinnacle Public Finance, Inc.
8377 East Hartford Drive, Suite 115
Scottsdale, Arizona 85255
Re: Schedule of Property No. 6 dated February 5, 2022 to Master Equipment Lease Purchase Agreement dated February
215, 2020 (the "Lease") by and between Village of North Palm Beach and Pinnacle Public Finance, Inc.
Ladies and Gentlemen:
We, Village of North Palm Beach ("Lessee"), have entered into the above referenced Lease with you, Pinnacle Public
Finance, Inc ("Lessor"), for the purpose of financing Equipment (the "Equipment") in the amount of $482,712.07
(the "Financed Amount"). Lessee hereby requests that Lessor fund to the vendor of such Equipment the amount of
$482,712.07 (the "Funded Amount") and that Lessor retain $482,712.07 (the "Retained Amount"). Lessee further requests
that Lessor hold the Retained Amount in an internal escrow pending Lessor's receipt of confirmation from
Lessee that the Equipment has been delivered, inspected and accepted for all purposes by the Lessee.
Lessee understands and agrees that interest shall accrue on the entire Financed Amount as of the date hereof, and further
understands and agrees that any interest earned on the Retained Amount shall be paid to Lessor in consideration of managing
the internal escrow account.
Lessee acknowledges that Lessor may commingle the Retained Amount held by Lessor for the benefit of Lessee with other
funds held by Lessor for its own account, so long as Lessor maintains segregation of such amounts on the books and records
of Lessor.
Sincerely,
Village of North Palm $eaeh
Signature:
Name/Title: Andrew D. Lukasik / Village Manager
Date:
LESSOR:
LESSEE
INSURANCE COVERAGE REQUIREMENTS
Pinnacle Public Finance, Inc.
Village of North Palm Beach
Please ReferenceControl #10328 on Certificate of Insurance
1. In accordance with Section 17 of the Agreement, we have instructed the insurance agent named below:
(Please fill in name, address and telephone number).
a.
b
OR
2.
Public Risk Management (PRM)
200 N. Orange Avenue, Suite # 500
Orlando, FL 32801
Telephone: (40] 445-2414 / (321) 430-1992
Fax: ( ) N/A
Contact: Jennifer Jennings
All Risk Physical Damage Insurance on the leased equipment evidenced by a Certificate of Insurance and Long Form Loss
Payable Clause naming Pinnacle Public Finance, Inc. and/or its assigns, as Loss Payee.
Coverage Required: Full Replacement Value
Public Liability Insurance evidenced by a Certificate of Insurance naming Pinnacle Public Finance, Inc. and/or its assigns as
Additional Insured.
Workers' compensation coverage as required by the laws of the State; provided that, with Lessor's prior written consent,
Lessee may self -insure against the risks described in clauses.
Minimum Coverage Required: $5,000,000 (liability coverage required may be reduced based on type of Equipment and
amount financed.)
Pursuant to Section 17 of the Agreement, we are self-insured for all risk, physical damage, and public liability and will
provide proof of such self-insurance in letter form together with a copy of the statute authorizing this form of insurance.
LESSEE:
Signature:
Name/Title:
Date:
Proof of insurance coverage will be provided prior to the time the Equipment is delivered to us.
PLEASE LIST NAME & ADDRESS AS FOLLOWS:
Pinnacle Public Finance, Inc.
8377 East Hartford Drive, Suite 115
Scottsdale, AZ 85255
Village
Y
Andrew D. Lukasik / Village Manager
Com'
PAYMENT INSTRUCTIONS
Pursuant to the Master Equipment Lease Purchase Agreement dated February 21, 2020 (the "Agreement"), Schedule of Property No. 6 , dated
February 5, 2022, between Pinnacle Public Finance, Inc. (the "Lessor") and Village of North Palm Beach (the "Lessee"), Lessee hereby
acknowledges the obligations to make Rental Payments promptly when due, in accordance with Exhibit A-1 to the Agreement.
LESSEE NAME: Village of North Palm Beach TAX ID#: 59-6017984
INVOICE MAILING ADDRESS: 501 U.S. Highway One, North Palm Beach, FL 33408
Mail invoices to the attention of Finance Department Phone ( 561) 841-3360 Fax (L61) 848-9698
Approval of Invoices required by: Samia Janjua Phone5( 61)841-3360 Fax (561) 848-9698
Accounts Payable Contact: Lindsay Crain or Denise Werner Phone ( 561) 841-3360 Fax (561) 848-9698
Processing time for Invoices: Weekly Approval: Weekly Checks: Weekly
Do you have a Purchase Order Number that you would like included on the invoice? No X Yes PO#
Do your Purchase order numbers change annually? No Yes X Processing time for new purchase orders: 1-2 days
LESSEE: VillaP�ort Pa
Signature:
Name/Title: Andrew D. Lukasik /.Village Manager
Date: �'"
BANK QUALIFIED DESIGNATION
Schedule of Property No. 6 dated February 5, 2022 to Master Equipment Lease Purchase Agreement
dated February 21, 2020
Lessee hereby represents and certifies the following (please chec:
Bank Qualified
❑x Lessee has designated, and hereby designates, this Lease as a "qualified tax-exempt obligation" for the
purposes and within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as
amended (the "Code"). In making that designation, Lessee hereby certifies and represents that:
• As of the date hereof in the current calendar year, neither Lessee nor any other issuer on behalf of
Lessee has designated more than $10,000,000 (the statutory limitation through 12/31/2012) of
obligations (including this Lease) as "qualified tax-exempt obligations";
• Lessee reasonably anticipates that the total amount of tax-exempt obligations (including this
Lease) to be issued by or on behalf of Lessee (or allocated to Lessee) during the current calendar
year will not exceed $10,000,000;
• The Lease will not be at any time a "private activity bond" as defined in Section 141 of the Code;
• The Lease is not subject to control by any entity and there are no entities subject to control by
Lessee; and
• Not more than $10,000,000 of obligations of any kind (including the Lease) issued by, on behalf
of or allocated to Lessee will be designated for purposes of Section 265(b)(3) of the Code during
the current calendar year.
Non -Bank Qualified
❑ Lessee has not designated this Lease as a "qualified tax-exempt obligation" for the purposes and within
the meaning of Section 265(b)(3) of the Code.
LESSEE: Village ofN6rthTal ch, -
Signature: X
Printed Name/Title: X Andrew D. Lukasik / Village Manager
Date: X �' ?
Form 8038-G
(Rev. September 2018)
Department of the Treasury
Internal Revenue Service
Information Return for Tax -Exempt Governmental Bonds
► Under Internal Revenue Code section 149(e)
► See separate instructions. OMB No. 1545-0720
Caution: If the issue price is under $100,000, use Form 8038 -GC.
► Go to www.irs.gov1F8038G for instructions and the latest information.
■' - ■ Reporting Authority If Amended Return. check here ► F-
1 Issuer's name
2 Issuer's employer identification number (EIN)
Village of North Palm Beach
59-6017984
3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions)
3b Telephone number of other person shown on 3a
4 Number and street (or P.O. box if mail is not delivered to street address)
Room/suite
5 Report number (For IRS Use Only)
501 US Highway One
16
3 "t
6 City, town, or post office, state, and ZIP code
7 Date of issue
North Palm Beach, FL 33408
February 5, 2022
8 Name of issue
9 CUSIP number
Sch of Prop No. 6 dtd 2/05/2022 to Master Equipment Lease Purchase Agreement dtd 2/21/2020
10a Name and title of officer or other employee of the issuer whom the IRS may call for more information (see
10b Telephone number of officer or other
instructions)
employee shown on 10a
jigAjLL_i
ype OT issue jenter the issue price). bee the instructions and attach schedule.
1 $ $482,712.071$
11
12
13
14
15
16
17
18
19a
b
20
Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Health and hospital . . . . . . . . . . . . . . . . . . . . .
Transportation . . . . . . . . . . . . . . . . . .
Public safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Environment (including sewage bonds) . . . . . . . . . . . . . . . . . . . .
Housing . . . . . . . . . . . . . . . . . . . . . . .
Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other. Describe ►
If bonds are TANS or RANs, check only box 19a . . . . . . . . . . . . . . . ► ❑
If bonds are BANS, check only box 19b . . . . . . . . . . . . . . . . . . ► ❑
If bonds are in the form of a lease or installment sale, check box . ► ❑✓
11
12
13
14 $482,712 07
15
16
17
18
A
MA
�s�((�''�
23
Description of Bonds. Complete for the entire issue for which this form is beinq filed.
. .
(a) Final maturity date (b) Issue price (c) Stated redemption (d) Weighted (e) Yield
price at maturity I average maturity
21
1 08/05/2027
1 $ $482,712.071$
n/a 1 5.50
years 1 1.7400 %
FONM
Uses of Proceeds of Bond Issue (including underwriters' discount)
22
Proceeds used for accrued interest . . . . . . . . . . . . . . . . . . .
. .
22
23
Issue price of entire issue (enter amount from line 21, column (b)) . . . . . . . . .
. .
23
24
Proceeds used for bond issuance costs (including underwriters' discount) 24
25
Proceeds used for credit enhancement . . . . . . . . . . . . 25
SM
26
Proceeds allocated to reasonably required reserve or replacement fund 26
27
Proceeds used to refund prior tax-exempt bonds. Complete Part V . . . 27
28
Proceeds used to refund prior taxable bonds. Complete Part V . . . . 28
29
29 Total (add lines 24 through 28) . . . . . . . . . . . . . . . . . . . . .
. .
30
Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) .
. .
30
Description of Refunded Bonds. Complete this part only for refunding bonds.
31
Enter the remaining weighted average maturity of the tax-exempt bonds to be refunded . .
. ► - years
32
Enter the remaining weighted average maturity of the taxable bonds to be refunded . . .
. ► years
33
Enter the last date on which the refunded tax-exempt bonds will be called (MM/DD/YYYY)
►
34
Enter the date(s) the refunded bonds were issued ► (MM/DD/YYYY)
For Paperwork Reduction Act Notice, see separate instructions. Cat. No. 637735
Form 8038-G (Rev. 9-2018)
Village of North Palm Beach PPF Documentation Sch 6_2.5.2022 REV 1.26.22.pdf
Form 8038-G (Rev. 9-2018) Page 2
Miscellaneous
35
Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) . . . . 35
36a
Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract "
(GIC). See instructions . . . . . . . . . . . . . . . . . . . . . . . . . 36a
b
Enter the final maturity date of the GIC ► (MM/DD/YYYY) 41a
c
Enter the name of the GIC provider 0- r
37
Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans
to other governmental units . . . . . . . . . . . . . . . . . . . . . . . . 37
38a
If this issue is a loan made from the proceeds of another tax-exempt issue, check box ► ❑ and enter the following information:
b
Enter the date of the master pool bond ► (MM/DD/YYYY)
c
Enter the EIN of the issuer of the master pool bond 0-
d
d
Enter the name of the issuer of the master pool bond 110-
39
39
If the issuer has designated the issue under section 265(b)(3)(B)(i)(Ill) (small issuer exception), check box . . . . ►
❑
40
If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box . . . . . . . . . . . . . 0-
41a
41a
If the issuer has identified a hedge, check here ► ❑ and enter the following information:
b
Name of hedge provider 0-
c
c
Type of hedge 00-
d
d
Term of hedge 1110-
42
42
If the issuer has superintegrated the hedge, check box . . . . . . . . . . . . . . . . . . . . . ►
❑
43
If the issuer has established written procedures to ensure that all nonqualified bonds of this issue are remediated
according to the requirements under the Code and Regulations (see instructions), check box . . . . . . . . ►
❑
44
If the issuer has established written procedures to monitor the requirements of section 148, check box . . . . . ►
❑
45a
If some portion of the proceeds was used to reimburse expenditures, check here ► ❑ and enter the amount
of reimbursement . . . . . . . . . . . . ►
b
Enter the date the official intent was adopted ► MM/DD/YYY
Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge
Signature and belief, they are true, correct, and complete. I further declare that I consent to the IRS's disclosure of the issuer's return information, as necessary to
and process this retur tia h p sonave ath ri ed a ove.
Consent / r 7 1► Andrew D. Lukasik, Village Manager
' Signature of issuer's authorized representative Date ' Type or print name and title
Paid Print/Type preparer's name Preparer's signature Date Check ❑ if PTIN
Preparer Michael Krahenbuhl self-employed P01850365
Use Only Firm's name ► Pinnacle Public Finance Firm's EIN ► 27-3119149
Firm's address ► 8377 E. Hartford Drive, Suite 115, Scottsdale, AZ 85255 1 Phone no. 480-419-4800
Form 8038-G (Rev. 9-2018)