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HomeMy WebLinkAboutCC-02-17-25-03 Carmel IAFF Local 4444 - 2025-2026 Contract Approval Resolution w Exhibit - CleanSponsors: Councilor(s) Taylor, Worrell and Minnaar This Resolution was prepared by Samantha Karn, Corporation Counsel, on February 11, 2025 at 9:00 a.m. No subsequent revision to this Resolution has been reviewed by Ms. Karn for legal sufficiency or otherwise. RESOLUTION CC 02-17-25-03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, APPROVING THE 2025-2026 CONTRACT WITH THE CARMEL PROFESSIONAL FIREFIGHTERS ASSOCIATION Synopsis: Approves the contract between the City of Carmel and the Carmel Professional Firefighters Association that will be effective from January 1, 2025 through December 31, 2026. WHEREAS, pursuant to Indiana law, the City of Carmel, Indiana (“City”) has established a contractual relationship with Carmel Professional Firefighters Association (“Association”), pertaining to issues involving the hours, working conditions and certain other benefits of members of the Carmel Fire Department; and WHEREAS, the City and the Association now wish to continue their contractual relationship for the years 2025 and 2026; and WHEREAS, the agreement attached hereto and incorporated herein by this reference as Exhibit A, (the “Agreement”) sets forth the new contractual relationship between the City and the Association for the years 2025 and 2026; and WHEREAS, upon the proper execution of the Agreement by the Carmel Board of Public Works and Safety, the Common Council desires to accept and adopt the Agreement as an enforceable contract and obligation of the City. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, that: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. The Common Council hereby encourages the Board of Public Works and Safety to approve and execute the Agreement at its earliest convenience. Section 3. As of the date on which the Agreement is properly executed by the Board of Public Works and Safety in its present form, the Common Council hereby accepts and adopts the Agreement as an enforceable contractual obligation of the City. Resolution CC 02-17-25-03 Page One of Two Pages Docusign Envelope ID: 01F0DE5E-A2EA-4995-8D7F-8298440AA410 Sponsors: Councilor(s) Taylor, Worrell and Minnaar This Resolution was prepared by Samantha Karn, Corporation Counsel, on February 11, 2025 at 9:00 a.m. No subsequent revision to this Resolution has been reviewed by Ms. Karn for legal sufficiency or otherwise. SO RESOLVED, by the Common Council of the City of Carmel, Indiana, this ________ day of _________________, 2025, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ______________________________ ______________________________ Adam Aasen, President Matthew Snyder, Vice-President ______________________________ ______________________________ Rich Taylor Anthony Green ______________________________ ______________________________ Jeff Worrell Teresa Ayers ______________________________ ______________________________ Shannon Minnaar Ryan Locke ______________________________ Anita Joshi ATTEST: ______________________________ Jacob Quinn, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this ________ day of ____________________ 2025, at _________ __.M. ______________________________ Jacob Quinn, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this ________ day of ___________________ 2025, at _________ __.M. ______________________________ Sue Finkam, Mayor ATTEST: ______________________________ Jacob Quinn, Clerk Resolution CC-02-17-25-03 Page Two of Two Docusign Envelope ID: 01F0DE5E-A2EA-4995-8D7F-8298440AA410 9 February A 18th A 17th 0 11:15 February February 11:30 18th AGREEMENT Between CITY OF CARMEL And CARMEL PROFESSIONAL FIRE FIGHTERS INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 4444 EFFECTIVE January 1, 2025 – December 31, 2026 Docusign Envelope ID: 01F0DE5E-A2EA-4995-8D7F-8298440AA410 Table of Contents AGREEMENT ------------------------------------------------------------------------------------------------- 1 Article I – Period of Agreement ----------------------------------------------------------------------------- 1 Section 1 - Duration ------------------------------------------------------------------------------------------- 1 Section 2 - Severability ---------------------------------------------------------------------------------------- 1 Section 3 – Minimums Only --------------------------------------------------------------------------------- 1 Section 4 - Uniformity ----------------------------------------------------------------------------------------- 1 Article II – Recognition -------------------------------------------------------------------------------------- 2 Article III – Union and City Rights and Obligations ----------------------------------------------------- 2 Section 1 – Union Rights ------------------------------------------------------------------------------------- 2 Section 2 – City Rights ---------------------------------------------------------------------------------------- 3 Section 3 – Strikes and Lockouts --------------------------------------------------------------------------- 4 Section 4 – Dispute Resolution ------------------------------------------------------------------------------ 4 Article IV – Miscellaneous ---------------------------------------------------------------------------------- 4 Section 1 - Safety ----------------------------------------------------------------------------------------------- 4 Section 2 – Minimum Staffing ------------------------------------------------------------------------------ 5 Section 3 – Overtime ------------------------------------------------------------------------------------------ 6 Section 4 – Call-back Definition ---------------------------------------------------------------------------- 6 Section 5 – Fitness Facility ----------------------------------------------------------------------------------- 6 Section 6 – Bid System ---------------------------------------------------------------------------------------- 6 Section 7 – Work Performance Evaluation -------------------------------------------------------------- 6 Section 8 – Promotions ---------------------------------------------------------------------------------------- 7 Article V – Terms and Conditions of Agreement--------------------------------------------------------- 7 Section 1 - Funding -------------------------------------------------------------------------------------------- 7 Article VI – Compensation ---------------------------------------------------------------------------------- 7 Section 1 – Base Pay ------------------------------------------------------------------------------------------- 7 Section 2 – Specialty Pay ------------------------------------------------------------------------------------- 8 Section 3 – Ride Out Pay ------------------------------------------------------------------------------------- 9 Docusign Envelope ID: 01F0DE5E-A2EA-4995-8D7F-8298440AA410 Section 4 – Pension Contribution --------------------------------------------------------------------------- 9 Section 5 – Holiday Pay --------------------------------------------------------------------------------------- 9 Section 6 – Master Firefighter Pay ------------------------------------------------------------------------- 9 Section 7 – Vacation Leave --------------------------------------------------------------------------------- 10 Section 8 – Vacation Buy-back ---------------------------------------------------------------------------- 10 Section 9 – Sick Leave Incentive --------------------------------------------------------------------------- 11 Section 10 – Voluntary WPE Pay -------------------------------------------------------------------------- 11 Section 11 – Grade and Step ------------------------------------------------------------------------------- 12 Article VII – Fringe Benefits ------------------------------------------------------------------------------- 10 Section 1 – Retiree Health Insurance -------------------------------------------------------------------- 12 Section 2 – Annual Physical-------------------------------------------------------------------------------- 12 Section 3 – Uniforms/Safety Gear ------------------------------------------------------------------------ 13 Section 4 – Catastrophic Medical Leave Bank -------------------------------------------------------- 13 Section 5 – Tuition Reimbursement ---------------------------------------------------------------------- 13 Section 6 – Dependent Care ------------------------------------------------------------------------------- 13 Section 7 – Tactical Athlete Sports Performance Program ----------------------------------------- 13 Section 8 – Retiree Health Insurance Placeholder Fee ---------------------------------------------- 14 Section 9 – Additional Benefits ---------------------------------------------------------------------------- 14 Section 10 – COBRA Administration Fee Waiver ---------------------------------------------------- 15 Section 11 – Other Benefits -------------------------------------------------------------------------------- 15 Section 11a – Insurance Benefits ------------------------------------------------------------------------- 15 Section 12 – Force Majeure -------------------------------------------------------------------------------- 15 Docusign Envelope ID: 01F0DE5E-A2EA-4995-8D7F-8298440AA410 1 AGREEMENT This agreement (“Agreement”) is entered into by and between the City of Carmel, Indiana (“City”), represented by the Mayor of the City (“Mayor”), the City’s Board of Public Works and Safety (“Board”) and the City’s Common Council (“Common Council”), and the Carmel Professional Firefighters International Association of Fire Fighters, Local 4444 (“Union”), represented by its President and Secretary/Treasurer. This Agreement is not and shall not be construed as a collective bargaining agreement for the purposes of federal or state labor laws or otherwise. Article I – Period of Agreement Section 1 – Duration Upon its proper execution by all parties hereto, this Agreement shall take effect on January 1, 2025, and remain in effect util 11:59 p.m. on December 31, 2026. This Agreement shall remain in full force and effect unless either party desiring to amend this agreement shall notify the other in writing. Notice of a request for amendment shall specify the content of any and all proposed amendments. The parties agree to begin in good faith negotiations on a future agreement no later than July 2026. If a new agreement is not executed before the end of this Agreement, then this Agreement shall remain in effect until a new agreement is executed by the parties hereto. Section 2 – Severability In the event that any provisions of this agreement are found to be inconsistent with existing State or Federal statutes or laws, the provisions of such statutes or laws shall prevail; and if any provision herein is found to be invalid and unenforceable by a court or other authority having jurisdiction, then such provision shall be considered void, but all other valid provisions shall remain in full force and effect. The parties hereto agree to notify the other of any ruling in that regard. Section 3 – Minimums Only The terms of this Agreement are intended to cover only minimums in hours, working conditions and other employee benefits. The City may implement or retain in effect superior wages, hours, working conditions, and other employee benefits. Section 4 – Uniformity Although the parties recognize that it is extremely difficult to compare different pay and work structures so as to exact mathematical equivalencies, the city agrees that, as much as is reasonably possible, City firefighters shall receive the equivalence in benefits and pay raises received by all City public safety employees for pay compensation and fringe benefits. Docusign Envelope ID: 01F0DE5E-A2EA-4995-8D7F-8298440AA410 2 Article II – Recognition The City recognizes the Union as the exclusive recognized representative agent for members of the Carmel Fire Department (“Department”) with the rank of Battalion Chief or below, so long as the Union maintains the support of the majority of those firefighters. Members of the Department holding the rank of Battalion Chief or below shall hereinafter individually be referred to as “Employee” and collectively referred to as “Employees,” and the group of Employees represented by the Union as their exclusive representative shall hereinafter be collectively referred to as the “Representative Unit”. If the City questions whether the Union has the support of the majority of the Employees in the Representative Unit, it may review the City Controller’s records and/or certified records provided by the Union to determine if the Union maintains the support of the majority of Employees in the Department. If the Union does not maintain the support of the majority of the Employees in the Department, the City shall not recognize the Union as the exclusive representative of those Employees at the end of the calendar year in which such majority support is lost. Article III – Union and City Rights and Obligations Section 1 – Union Rights A. Payroll Deduction. Upon receipt of a voluntary, written, current, signed authorization in such form as complies with the laws of the State of Indiana from an Employee covered by this Agreement, the City shall deduct from each paycheck of such Employee an amount representing his/her Union dues as indicated in the current authorization form. The City shall remit such monies, together with the appropriate records, to the Union or its designated official. The City shall not be liable to the Union for any failure to make any such deductions. In the event of an overcharge already remitted to the Union, it shall be the sole responsibility of the Union to adjust the matter with the Employee. The Union shall indemnify the City and hold it harmless from any or all claims or liabilities which arise under or pursuant to this paragraph. B. Union use of City Property. The City shall allow Union meetings to be held in City buildings at times agreed to by the Fire Chief (“Chief”). The Union will be responsible for the care and security of the building during such meetings. The City will allow the Union to utilize bulletin boards, e-mail systems, internet access and paging systems for the purpose of posting Union notices. The Chief or his/her designee shall have the right to remove inappropriate postings. The Chief or his/her designee shall meet with the Union regarding any postings the Chief or designee determine inappropriate. Examples of “inappropriate postings” include, but are not limited to, political or obscene material. C. Non-Discrimination. Neither the City nor the Union shall make any regulation affecting the right of any Employee or Employees to join, or refrain from joining, the Union or any other lawful employee organization; provided that the City shall retain the full right to control its employee’s actions, property and equipment during working hours and to control the use of the City’s premises. Docusign Envelope ID: 01F0DE5E-A2EA-4995-8D7F-8298440AA410 3 D. Voting. Union and members of the Union shall be allowed use of the fire stations to hold elections for the Union and its representatives. E. Union Time. Employees elected to represent the Union shall be granted time, not to exceed a combined total of two thousand (2,000) hours annually (to be divided as needed) to perform, without loss of pay, Union functions such as but not limited to, attendance at meetings, conventions, seminars and conferences. The City and the Union agree that no single employee shall utilize more than one thousand (1,000) hours of union time of the total combined two thousand (2,000) hours annually. F. Member Representation. When a member of the Union (“Member”) is interviewed, formally or informally, regarding a matter that might lead to disciplinary action, if that Member requests a Union representative, all questioning will cease for a reasonable period of time (not to exceed 24 hours) until a Union representative (selected by the Union) can be present. Section 2 – City Rights The City, on its own behalf and on behalf of its citizens, hereby retains and reserves all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and Constitution of the State of Indiana and the United States, City resolution/ordinances and any modifications made thereto. Further, all rights which are ordinarily vested in and are exercised by employers, except to the extent they are specifically relinquished herein, are reserved to and remain vested in the City, including but without limiting the generality of the foregoing, the right: A. To manage its affairs efficiently and economically, including the determination of quantity and quality of services to be rendered, the control of material, tools, and equipment to be used, and the discontinuance of any services, material, or methods of operations. B. To introduce new equipment, methods, machinery, duties, or processes, change or eliminate existing equipment, and institute technological changes, decide on materials, supplies, equipment, and tools to be purchased. C. To determine and change the number, location, and type of facilities and installations. D. To determine the size of the workforce and increase or decrease its size. E. To hire, assign and lay off employees, to reduce the workweek or workday or effect reductions in hours worked by combining layoffs and reductions in workweek or workday in accordance with Local, State, and Federal law. F. To direct the workforce, assign work and determine the number of employees assigned to operations. G. To establish, change, combine, or discontinue job classifications and prescribe and assign job duties, content, and classifications consistent with the Merit System. H. To establish wage rates for any new sworn personnel. Docusign Envelope ID: 01F0DE5E-A2EA-4995-8D7F-8298440AA410 4 I. To establish reasonable work and productivity standards and to, from time to time, change those standards. J. To establish, maintain and revise reasonable rules and procedures for the administration of the Department in accordance with the Merit System. Section 3 – Strikes and Lockouts As the service performed by the Employees covered by this Agreement are essential to the administration of the Department and to the welfare of the public dependent thereon, neither the Union nor any member of the Representative Unit covered by this Agreement shall initiate, authorize, sanction, encourage, support, or engage in any strike, slow-down, concerted job action, work stoppage, “sick-out”, or cease the continuous performance of their duties. The City agrees that no lock out shall take place during the term of this Agreement. The Union acknowledges that any conduct that violates this Section threatens irreparable harm to the public. The Union shall not be held liable under this Agreement for the unauthorized activity of the Employees in violation of this Section, and agrees to immediately make a vigorous, bona fide and continued effort to end all such activities in the event of a documented violation of this Section, including a written notification to each offending Employee that his/her activity is unprotected and is not authorized, supported, or ratified by the Union. Section 4 – Dispute Resolution The Union and the City agree to work together in good faith to resolve labor/management issues. The Union agrees to encourage its members to follow all Department rules, policies, and procedures and to strive to improve their skills to ever higher levels, and the City agrees to enforce its rules in a fair and impartial manner. Both the Union and the City agree to attempt to resolve issues subject to this Agreement informally or through Alternative Dispute Resolution (ADR) before commencing or sponsoring legal action against the other. Article IV – Miscellaneous Section 1 – Safety A. The Department shall maintain and keep in effect through the term of this Agreement, a Safety Committee for reviewing departmental accidents, injuries, job-related safety complaints, protective gear and equipment issues, or any other safety-related areas. The Safety Committee shall make recommendations to the Chief concerning safety issues. The Safety Committee shall be compromised of up to eleven (11) firefighters representing the following division areas: Docusign Envelope ID: 01F0DE5E-A2EA-4995-8D7F-8298440AA410 5 The ex-officio members of the Safety Committee shall be the three (3) officers who occupy the position of A, B, and C Shift Battalion Executive Officer, the three (3) merit officers who occupy the position of A, B, and C Shift Safety Training Officer (STO); and the one (1) staff officer who holds the position of Department Safety Officer. The other members of the Safety Committee shall be selected as follows: The Union will select: (1) Firefighter (1) Engineer The Chief or his/her designee will select: (1) Captain or Lieutenant (1) Chief Officer The Chief or his/her designee and/or the Safety Committee may call upon additional personnel (e.g., civilian staff, maintenance personnel, etc.) if it is believed that the expertise of such persons may be of benefit to the Safety Committee. Requests for meetings involving the Safety Committee shall be initiated by the Chief or the Safety Committee Chairperson, who shall be appointed by the Chief. The Chairperson shall prepare an agenda of items to be discussed by the Safety Committee and shall establish and communicate a date and place certain for such meeting. B. The Department and its Employees covered by this Agreement shall comply with applicable Federal, State, and Local laws and Department policies concerning safety and health. The Department shall make reasonable provisions for the safety and health of its Employees during their hours of employment in compliance with applicable laws. In this regard, the Union and Employees realize that they have joint responsibility to cooperate in maintaining safe practices in the Department. In addition, it is the responsibility of each Employee to operate vehicles, machinery, and equipment in a safe manner. C. The Department may summarily discipline or prohibit an Employee from acting or operating in an unsafe manner. However, no reduction in rank, grade, or pay will be made without following the appropriate disciplinary policies of the Department and Indiana law. D. All accidents, regardless of their severity, must be immediately reported to an Employee’s supervisor for review in accordance with Department policies and procedures. Section 2 – Minimum Staffing The City will “call back” Employees or mark apparatus out of service if staffing falls below four (4) Employees on a fire engine, or five (5) Employees on a ladder truck and two (2) Employees on an ambulance. This minimum staffing requirement may be suspended in the event of an emergency Docusign Envelope ID: 01F0DE5E-A2EA-4995-8D7F-8298440AA410 6 as determined by the Chief, in his/her sole discretion, after consultation with the Union President or the highest ranking available Union officer. Furthermore, the current “8 -hour rule” remains in effect, allowing staffing to fall below four (4) Employees on a fire engine and five (5) Employees on a ladder truck and two (2) Employees on an ambulance, so long as that vacancy is not for eight (8) or more hours. Section 3 – Overtime A “call back” shall be voluntary unless an emergency is declared by the Chief or the Mayor and may include alteration of the normal work schedule. “Call back” time shall be paid at a rate of time and one-half of the Employee’s regular hourly rate. Section 4 – Call-back Definition As used in this Article, “call back” means requesting or requiring an Employee to work hours in addition to the Employee’s scheduled hours, and “off-duty” means the time other than an Employee’s regularly scheduled working hours or vacation. Section 5 – Fitness Facility The Department shall provide facilities and equipment to allow employees to maintain physical fitness at each fire station. Decisions related to the location of the fitness facilities, as well as the type of and replacement of fitness equipment, are within the sole discretion of the Chief. Section 6 – Bid System Carmel Fire Department Rules and Regulation 7.28 will govern the Department bid process, which shall remain in effect throughout the term of this Agreement. Section 7 – Work Performance Evaluation The Carmel Fire Department Work Performance Evaluation (“WPE”) measures an individual’s ability to physically perform the essential functions required to execute the duties of a firefighter. The Department has established a minimum level of acceptable performance that protects the safety of the firefighter and provides a measure of an individual’s physical ability to perform the essential, job specific, functions required to effectively execute the duties of a firefighter. WPE shall be Department policy as determined by the labor-management process. Any changes to the WPE shall be made through a validated process by a vendor mutually agreed upon by the parties hereto. Docusign Envelope ID: 01F0DE5E-A2EA-4995-8D7F-8298440AA410 7 Section 8 – Promotions The Department’s officer_structure shall consist of fourteen (14) Captains and sixteen (16) Lieutenants. In addition to these positions, each shift will have two (2) float Lieutenants. The total number of merit officers will be thirty-nine (39) or, one (1) Captain and two (2) Lieutenants per apparatus. The Battalion Chief and Executive Officer position will be staffed by merit Lieutenants and/or Captains. The STO position will be staffed with a Merit Officer. Whenever the number of Operations Section officers on shift falls below thirty-nine (39), promotions shall take place within 45 days of initial vacancy. If more than 45 days are needed to promote, as determined by the Chief, consultation between the Union President and the Chief shall take place a minimum of ten (10) days prior to the expiration of this 45-day period, through the labor-management process. Both parties must agree to a timeline that exceeds this 45-day period. Article V – Terms and Conditions of Agreement Section 1 – Funding The parties agree that, if the Common Council fails or refuses to fully fund this Agreement under circumstances wherein full funding would not adversely affect a vital governmental function of the City, all financial provisions of this Agreement shall become null and void to the extent they are not funded, and that they will return to the negotiations process to negotiate Agreement terms that are consistent with the level of funding approved by the Common Council. Article VI – Compensation Section 1 – Base Pay 2025 salaries shall not include a cost of living adjustment (“COLA”). Any COLA for year 2026 shall be consistent with any COLA increases applied to other city employees. The parties hereto agree that should the Consumer Price Index for all Midwestern Wage Earners (“CPI -W”) independent of seasonal adjustment, as reported by the Bureau of Labor Statistics of the United States Department of Labor for the time period from June 2025 to June 2026 fluctuate plus or minus 1%, the parties shall return to the negotiation process to consider a more appropriate COLA. Should the City’s Net Assessed Value and/or Local Income Tax Distribution as determined by the Department of Local Government Finance negatively impact the City’s abilities to provide City services, the parties shall return to negotiations to determine a more appropriate wage calculation. The Parties agree that base pay shall be determined by the attached matrix (“Appendix A”), hereinafter incorporated and made a part of this Agreement. Docusign Envelope ID: 01F0DE5E-A2EA-4995-8D7F-8298440AA410 8 Section 2 – Specialty Pay Each Employee shall be entitled to receive no more than two (2) types of specialty pay at any given time. An Employee shall receive the highest specialty pay for which he/she is eligible and pay for one additional specialty. All specialty pay shall cease when an Employee no longer performs the duties associated with the pay or no longer meets the qualifications for such pay, whether the change results from the decision/action of the City or the Employee. Annual Specialty Pay for Employees covered under this Agreement shall be as follows: Paramedic 10% of First-Class Firefighter Salary – (Fire fighter year 15 in attached Appendix A) Mechanic $2,000.00 Shift Investigator $2,000.00 Hazardous Materials $2,000.00 Foreign Language $2,000.00 Public Information Officer (“PIO”) $3,500.00 Special Duty Pay $2,000.00 Station Captain $1,500.00 Engineer $2,500.00 Rescue Technician $2,000.00 SWAT Medic $2,000.00 Drone Pilot $2,000.00 • An Employee who demonstrates a specified level of fluency in an approved foreign language shall receive Foreign Language Specialty Pay in addition to all other forms of compensation. All such pay must be approved by the Chief and the City’s Director of Human Resources. To continue receiving this compensation, the Employee is required to maintain fluency, and may be periodically re-tested to ensure compliance. • The PIO shall be appointed by the Chief and is subject to change at his/her discretion. • Special duty pay is for Employees who take on long term responsibilities/projects/assignments designated by the Chief. • Hazardous Material Technicians shall be paid specialty pay regardless of station assignment. • Station Captain is one (1) Captain per station, total of six (6) positions. Station Captain shall be selected by the Chief. • The following specialty pays shall be paid in addition to up to two (2) of the other forms of annual specialty compensation listed in Section 2 above: o PIO o Special Duty Pay o Station Captain o Engineer Docusign Envelope ID: 01F0DE5E-A2EA-4995-8D7F-8298440AA410 9 Section 3 – Ride Out Pay A. An Employee shall be entitled to an additional $2.00 per hour for each hour he/she is assigned to an ambulance, in addition to all other forms of compensation. B. An officer who fills in for a Battalion Chief shall receive $3.00 per hour ride out pay. C. A firefighter who fills in for an Engineer, Lieutenant, or Captain shall receive $2.00 per hour ride out pay, in addition to all other forms of compensation. D. Officers filling in for other officers (except for a Battalion Chief) are not eligible for ride out pay. Section 4 – Pension Contribution The City shall maintain membership in the 1977 Fund and shall require members of the Department to meet the eligibility requirements for the Fund. The City shall pay twenty -one percent (21%) of the established Master Firefighter salary plus ten (10) years longevity (as defined in year 25 of attached Appendix A) for each member of the Department participating in the 1977 Fund. In the event that state actuary reports lower the twenty-one percent (21%) obligation levied upon the City in any fiscal year, that amount shall be reflected as a credit toward the six percent (6.0%) obligation levied upon the members of the Department. Section 5 – Holiday Pay Each Employee who is required to report to work on a declared holiday, whether on a scheduled or an unscheduled basis, shall receive Fifteen Dollars ($15.00) per hour premium pay for each hour actually worked on said holiday. Such premium pay shall be calculated to the nearest quarter hour. Section 6 – Master Firefighter Pay A firefighter shall not become a First Class/Master Firefighter until he/she has served fifteen (15) years. The First Class/Master Firefighter salary plus ten (10) years longevity (Defined as year 25 of attached Appendix A), as designated in the City’s annual salary ordinance, shall be certified to the state for pension reporting purposes. A First Class/Master Firefighter is eligible to receive specialty pay and other hourly pay differentials. Section 7 – Vacation Leave Docusign Envelope ID: 01F0DE5E-A2EA-4995-8D7F-8298440AA410 10 The City agrees to the following vacation leave schedules for employees in effect at the time of the execution of this agreement: Sworn Shift Personnel: Completion of recruit academy Shift personnel receive 4 duty days Completion of 1 year Shift personnel receive 6 days of vacation Completion of year 2 Shift personnel receive 8 days of vacation Completion of year 3 Shift personnel receive 10 days of vacation Completion of year 4 Shift personnel receive 12 days of vacation Completion of year 5 Shift personnel receive 15 days of vacation Completion of year 10 Shift personnel receive 17 days of vacation Completion of year 15 Shift personnel receive 18 days of vacation Completion of year 20 Shift personnel receive 19 days of vacation Completion of year 25 Shift personnel receive 20 days of vacation Sworn Administrative Personnel: Completion of year 1 Administrative personnel shall receive 14 vacation days Completion of year 5 Administrative personnel receive 20 vacation days Completion of year 10 Administrative personnel receive 22 vacation days Completion of year 15 Administrative personnel receive 26 vacation days Completion of year 20 Administrative personnel receive 30 vacation days Completion of year 25 Administrative personnel receive 33 vacation days Section 8 – Vacation Buy-back Employees may submit up to one third (1/3) of their unused annually accrued vacation time. The City may buy back such vacation time and, if it does so, shall buy back each hour of vacation time at the Employee’s hourly rate. Employees must submit their hours (in no less than twenty-four (24) hour increments for Sworn Shift personnel and in no less than 7.5 hour increments for Sworn Staff personnel to the Department on the first Monday of the last pay period of the calendar year. Payment for any submitted vacation time (if approved) shall be rendered by the City before the last day in February of the following year. Sworn Shift Personnel: 1 – 5 years Maximum of 2 full shifts eligible for submission (48.0 hours) 6 – 12 years Maximum of 3 full shifts eligible for submission (72.0 hours) 13 or more years Maximum of 4 full shifts eligible for submission (96.0 hours) Sworn Staff Personnel: Docusign Envelope ID: 01F0DE5E-A2EA-4995-8D7F-8298440AA410 11 1 – 5 years Maximum of 3 full shifts eligible for submission (22.5 hours) 6 – 12 years Maximum of 5 full shifts eligible for submission (27.5 hours) 13 or more years Maximum of 6 full shifts eligible for submission (45.0 hours) Any Employee who has been suspended from the Department for disciplinary purposes or any Employee having used five (5) or more sick days in a calendar year will be disqualified from this benefit, as permitted by law. Section 9 – Sick Leave Incentive Employees may be eligible for sick leave incentive pay, which is based on the amount of sick leave used in a calendar year as follows: None 24 hours Equivalent of one (1) shift (or any portion thereof) 20 hours Equivalent of two (2) shifts (or one shift plus any portion of a second) 12 hours Equivalent of three (3) shifts (or two shifts plus any portion of a third) 8 hours Equivalent of four (4) shifts (or three shifts plus any portion of a fourth) 4 hours The hourly rate of pay for each eligible Employee, for the purposes of this pay incentive only, shall be calculated as follows: [bi-weekly base pay plus (+) longevity]/80 hours. All sick leave used by an Employee in the course of the calendar year, except leave for injuries incurred on duty or in the line of duty, or as otherwise required by applicable law, shall be counted toward the incentive pay calculation for that year, regardless of the reason for the leave or the status of the leave. Sick leave incentive pay may be paid out each year in February for the prior calendar year at the eligible Employee’s current rate of pay. An Employee must be employed by the Department for an entire calendar year and must be employed by the City at the time of the payout, in order to be eligible for incentive pay for that calendar year. Section 10 – Voluntary WPE Pay Employees who voluntarily take the WPE twice per year (one (1) every six (6) months) rather than the single mandatory evaluation shall receive an additional 24 hours of compensation at their hourly rate. Section 11 – Grade and Step The columns in Appendix A shall correspond to the number of years a fire fighter has been in service to the City. Salaries shall be paid in accordance with the years of service according to the Pay Matrix in attached Appendix A. Docusign Envelope ID: 01F0DE5E-A2EA-4995-8D7F-8298440AA410 12 Article VII – Fringe Benefits Section 1 – Retiree Health Insurance A. The City shall contribute fifty percent (50%) of the monthly employee-spouse premium for retirees who have twenty (20) years of active service with the City, plus an additional one percent (1%) for each additional six (6) months of service, up to a maximum of seventy- five percent (75%) of the employee-spouse (or 75% of the employee-only premium if the employee is unmarried or the spouse is not covered by the City plan), provided that the City’s insurance premium contribution shall not exceed Nine Hundred Dollars ($900.00) per month or ($10,800) Ten Thousand Eight Hundred Dollars per year. B. Coverage for other eligible dependents may be continued at the retiree’s expense. C. The City’s insurance premium contribution cap shall be evaluated each year to keep pace with current health insurance costs. D. For an Employee who dies in the line of duty, the City shall contribute 100% of the monthly spouse and dependent (if applicable) medical and dental premiums. E. For an Employee who is disabled, the City shall contribute to a disabled employee’s insurance premium according to the formula found in City Code Section 2-42. F. Retiree Health Insurance will only be available to employees hired prior to October 3, 2016. Section 2 – Annual Physical The City shall continue its practice of providing annual physicals to each Employee at no cost to the Employee made available through a mutually agreeable facility. No changes to the make-up of this physical shall be made without thirty (30) days prior notice to the Union. In the event that changes to specific test and/or components of the medical evaluation are needed, the City will meet with the Union to discuss and receive the Union’s input prior to making any such changes. Section 3 – Uniforms/Safety Gear The Department shall issue all uniforms and safety gear through its Quartermaster system. Section 4 – Catastrophic Medical Leave Bank All firefighters’ unused sick days shall be credited to the Catastrophic Medical Leave Bank. A firefighter who is unable to perform his/her own duties or to perform light duty assignments for an Docusign Envelope ID: 01F0DE5E-A2EA-4995-8D7F-8298440AA410 13 extended period of time due to illness or injury is eligible for PERF disability benefits, which are less than the firefighter’s active duty pay. Under 35 IAC 2-5-1, the City is not allowed to supplement PERF disability payments. In order to avoid penalizing a firefighter financially during the period of recuperation, the Catastrophic Medical Leave Bank shall allow eligible firefighters to receive up to one hundred twenty (120) calendar days of full pay after sick leave and vacation benefits are exhausted and before PERF disability benefits commence (two hundred forty (240) calendar days for injuries or illnesses incurred in the line of duty), as permitted by law. Section 5 – Tuition Reimbursement The City sponsors a tuition reimbursement program subject to Carmel City Code 2-58, as amended, for full-time City employees who are so employed both on the year prior to the beginning of the course for which tuition reimbursement is requested and at the time the final request for reimbursement is made. To be eligible for tuition reimbursement the employee cannot have been subject to disciplinary probation, demotion, or suspension within the ninety (90) calendar days immediately prior to the beginning date of the course for which tuition reimbursement is requested. Refer to Carmel Fire Department Rules and Regulations 4.16 TUITION REIMBURSEMENTS. Section 6 – Dependent Care The City agrees to allow Employees to utilize up to two (2) days (48 hours) of their sick time annually for the unexpected care and treatment of a dependent. The Employee may utilize this time in increments of four (4), six (6), or seven and one half (7.5) hours. The City agrees to treat this benefit in the same manner as an Employee sick day. This does not increase the amount of total sick time afforded to an Employee. Section 7 – Tactical Athlete Sports Performance Program The City shall continue its practice of providing a tactical athlete performance program to each Employee at no cost to the Employee at a mutually agreeable facility. No changes to the make-up of this tactical athlete performance program shall be made without thirty (30) days prior notice to the Union. In the event that changes to the program or components of the tactical athlete performance program are deemed necessary by the City, the City will meet with the Union to discuss and receive input on the proposed changes prior to their implementation by the City. Section 8 – Retiree Health Insurance Placeholder Fee Effective January 1, 2019, the City of Carmel will allow retired firefighters with at least twenty (20) years of full-time service to the City to drop the City’s health plan when they retire, or any time they become eligible for other coverage, then rejoin the City’s health plan at a later date. Docusign Envelope ID: 01F0DE5E-A2EA-4995-8D7F-8298440AA410 14 Retired firefighters who are not enrolled in the plan when they retire are also eligible for this program. All retiree re-enrollments are subject to the following requirements: A. Eligible retirees and their dependents must maintain continuous coverage through another employer-sponsored health insurance program or an individual ACA-compliant plan offered by a carrier licensed by the State of Indiana or, if the retiree ha moved out of Indiana, the retiree’s state of residence. B. Proof of coverage must be submitted at the time of re-enrollment to the City’s Department of Human Resources. C. The retiree must submit the required paperwork on a timely basis to retain the right of re- enrollment. D. Eligible retired firefighters can rejoin the plan under the following circumstances: 1. Any year during open enrollment period 2. Following a change in family status, provided application is made within 30 days of the change. Such changes must be verified with appropriate documents. E. Eligibility for the City’s plan ends when the retiree or covered dependent qualifies for Medicare. F. Eligible retired firefighters who fail to follow the foregoing rules shall forfeit their eligibility for re-enrollment. Section 9 – Additional Benefits In addition to any other benefits set forth in this Agreement, Employees shall receive an additional vacation day (24 hours) upon completion of twenty-five (25) years of service, and the City shall contribute to their employee health savings accounts in the following amounts: Employee Only $800.00 Employee/Spouse $1,000.00 Employee/Child(ren) $1,000.00 Employee/Family $1,200 Section 10 – COBRA Administration Fee Waiver The City agrees to waive the two percent (2%) administration fee for Employees and their dependents who are entitled to elect COBRA continuation coverage when a qualifying event occurs. Section 11 – Other Benefits Docusign Envelope ID: 01F0DE5E-A2EA-4995-8D7F-8298440AA410 15 The City shall not diminish any additional employee benefit included in its employee handbook but not part of this Agreement. This obligation shall continue through Agreement termination and said handbook is hereby included and made a part hereof by reference. Section 11a – Insurance Benefits The City agrees to create an insurance advisory committee. The City will determine its members of this committee and agrees that two committee members will be members of the IAFF Local 4444, selected by the IAFF Local 4444 Executive Board. The Committee shall publish a Request for Information (“RFI”) at least once every four (4) years, the first RFI will take place in 2026. The City agrees to include the two (2) members of the committee selected by the Local 4444 in the health plan design and review process in 2025. Section 12 – Force Majeure Neither party shall be liable for its failure to perform any of its obligations under this Agreement that have become practicably impossible because of circumstances beyond the reasonable control of that party. Such circumstances include, without limitation, natural disasters or acts of God; acts of terrorism; government acts or orders; epidemics, pandemics; and, national, state, county, or City emergencies. Written notice of a party’s failure or inability to perform due to force majeure shall be given to the other party within seven (7) business days from the date of the substantial commencement of the force majeure event and shall describe the event (and its commencement date) therein with reasonable certainty. The parties agree to meet and discuss proposed changes to each side’s performance obligations under the Agreement necessitated by a force majeure event and shall utilize reasonable efforts to come to terms on any amendment to the Agreement. Any amendments to the Agreement shall be incorporated within the Agreement as if fully set forth herein and shall be in writing and signed by both parties. SO APPROVED AND ADOPTED CARMEL BOARD OF PUBLIC WORKS CARMEL PROFESSIONAL AND SAFETY (“BOARD”) FIREFIGHTERS, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 4444 (“UNION”) BY: BY: Laura Campbell, Presiding Officer Sean Sutton, President Date: Date: James Barlow, Member Marc Dietsch, Secretary/Treasurer Date: Date: Alan Potasnik, Member Date: Docusign Envelope ID: 01F0DE5E-A2EA-4995-8D7F-8298440AA410 16 ATTEST: Jacob Quinn, Clerk COMMON COUNCIL FOR THE CITY OF CARMEL Adam Aasen, President Matthew Snyder, Vice-President Rich Taylor Anthony Green Jeff Worrell Teresa Ayers Shannon Minnaar Ryan Locke Anita Joshi ATTEST: Jacob Quinn, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this day of , 2025, at . Jacob Quinn, Clerk Approved by me, Mayor of the City of Carmel, Indiana this day of , 2025, . Sue Finkam, Mayor ATTEST: Jacob Quinn, Clerk Docusign Envelope ID: 01F0DE5E-A2EA-4995-8D7F-8298440AA410 A.M. A.M.11:30 18th 18th 11:15 February February