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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 All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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 {00488587.1 1823-9704441 } Page 1 of 63 Page 2 of 63 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 {00488587.1 1823-9704441} Page 3 of 63 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. {00488587.11823-9704441} Page 4 of 63 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. 100488587.1 1823-97044411 Page 5 of 63 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. {00488587.1 1823-9704441} Page 6 of 63 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 {00488587.1 1823-9704441} Page 7 of 63 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. 100488587.1 1823-9704441} Page 8 of 63 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). {00488587.1 1823-9704441) Page 9 of 63 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, 100488587.1 1823-97044411 Page 10 of 63 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. 100488587.1 1823-97044411 Page 11 of 63 ARTICLE 7 FAMILY MEDICAL LEAVE Family Medical Leave shall be granted in accordance with 9.1.6 C. of Village Policy No. 08-09. {00488587.1 1823-97044411 Page 12 of 63 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. 100488587.1 1823-97044411 Page 13 of 63 ARTICLE 9 MILITARY LEAVE 1. The rights and benefits regarding military leave are as set forth in the Village Leave Policy 08- 09 attached. {00488587.1 1823-9704441} Page 14 of 63 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. {00488587.1 1823-9704441} Page 15 of 63 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. {00488587.1 1823-9704441) Page 16 of 63 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. {00488587.1 1823-9704441} Page 17 of 63 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. 100488587.1 1823-97044411 Page 18 of 63 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. {00488587.1 1823-9704441) Page 19 of 63 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. {00488587.1 1823-97044411 Page 20 of 63 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 {00488587.1 1823-97044411 Page 21 of 63 (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. {00488587.1 1823-97044411 Page 22 of 63 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." (00488587.1 1823-9704441) Page 23 of 63 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. {00488587.1 1823-97044411 Page 24 of 63 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 100488587.1 1823-9704441} Page 25 of 63 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 {00488587.11823-9704441} Page 26 of 63 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 {00488587.1 1823-9704441} Page 27 of 63 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. 100488587.1 1823-97044411 Page 28 of 63 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. 100488587.1 1823-9704441} Page 29 of 63 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. 100488587.1 1823-97044411 Page 30 of 63 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 100488587.1 1823-9704441} Page 31 of 63 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. {00488587.1 1823-97044411 Page 32 of 63 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. {00488587.1 1823-97044411 Page 33 of 63 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. {00488587.1 1823-9704441} Page 34 of 63 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. 100488587.1 1823-97044411 Page 35 of 63 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 {00488587.1 1823-97044411 Page 36 of 63 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. {00488587.1 1823-9704441} Page 37 of 63 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. {00488587.1 1823-9704441} Page 38 of 63 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. {00488587.1 1823-97044411 Page 39 of 63 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. 100488587.1 1823-97044411 Page 40 of 63 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. 100488587.1 1823-9704441} Page 41 of 63 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 {00488587.1 1823-97044411 Page 42 of 63 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. {00488587.1 1823-97044411 Page 43 of 63 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 {00488587.1 1823-9704441) Page 44 of 63 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 Page 46 of 63 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. {00488587.1 1823-97044411 Page 47 of 63 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)