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AGREEMENT ~ .,,:" '. . . , I , ;~ A G R E E MEN T between CITY OF CLEARWATER, FLORIDA and FLORIDA STATE LODGE FRATERNAL ORDER OF POLICE OCTOBER 1, 1976 I (l' ~n-O\ (\") t "r. J...RTICLE I ARTICLE II ARTICLE III ARTICLE IV ARTICLE V ARTICLE VI ARTICLE VII ARTICLE VIII ARTICLE IX ARTICLE X ARTICLE XI ARTICLE XII ARTICLE XIII ARTICLE XIV Section Section Section Section Section Section Section Section Section Section Section Section Section See tion ARTICLE XV ARTICLE XVI ARTICLE XVII ARTICLE XVIII ARTICLE XIX ARTICLE XX I f- I INDEX PREAMBLE RECOGNITION REPRESENTATIVES OF PARTIES CITY'S MANAGEMENT RIGHTS GRIEVANCE PROCEDURE NO STRIKE STEWARDS, CHECK-OFF AND F.O.P. BUSINESS NO DISCRIMINATION CIVIL SERVICE PREVAILING RIGHTS EXISTING RULES POLICE OFFICER DUTIES SENIORITY PROMOTION PROCEDURE DIRECT ECONOMIC PROVISIONS 1. Holidays 2. Vacations 3. Recall Pay 4. Court Attendance 5. Acting in Higher Position Pay 6. Physical Examinations and Innoculations 7. Funeral Leave 8. Line of Duty Injury Pay 9. Uniform Allowances 10. Accumulated Sick Leave Retirement Benefit 11. Overtime Pay 12. Compensation Time 13. Shift Differential 14. Wages BULLETIN BOARDS AND POSTING OF AGREEMENT LABOR MANAGEMENT COMMITTEE A...""1ENDMENT S SEVERABILITY AND WAIVER CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES DURATION, MODIFICATION AND TERMINATION Page 1 1 2 2 4 7 7 9 9 10 10 10 10 11 12 12 13 14 14 14 15 15 15 17 17 17 18 19 20 20 20 21 21 22 22 I 1 I A G R E E MEN T PREAMBLE This Agreement is entered into effective this 1st day of October, 1976, between the City of Clearwater, Florida, herein- after referred to as the "City" and the Florida State Lodge of the Fraternal Order of Police, hereinafter referred to as the "F.O.P." It is the intent and purpose of this Agreement to assure sound and mutually beneficial working and economic relation- ships between the parties hereto, to provide an orderly and peaceful means of resolving any misunderstandings or differences which may arise, and to set forth herein basic and full agreements between the parties concerning rates of pay, wages, hours of employment, and other terms and conditions of ~mployment. There shall be no individual arrangment contrary to the terms herein provided. Either party hereto shall be entitled to require specific performance of the provisions of this Agreement. It is understood that the City is engaged in furnishing essential public services, which vitally affect the health, safety, comfort and general well being of the public and both parties hereto recognize the need for continuous and reliable service to the public. ARTICLE I RECOGNITION The City recognized the F.O.P. as the exclusive bargaining representative as defined in Chapter 447, Flcrida Statutes, as amended, for all emp loyees emp loyed in the uni t defined b)7 the I ." .~ .,..... I Public Employee Relations Commission in its certification No. 76- E-92-l029 dated June 24, 1976, which certification includes all police officers below the rank of sergeant, traffic enforcement officers and parkettes. ARTICLE II REPRESENTATIVES OF PARTIES ARTICLE III CITY'S MUU~AGE~1ENT RIGHTS Section 1. Except as expressly limited by any provision of this Agreement, the City reserves and retains exclusively all of - 2 - I I its normal and inherent rights with respect to the management of its operati~ns, including. but not limited to, its rights to determine, and from time to time redetermine, the number, loca- tion and type of its various operations, functions and services; the methods, procedures and policies to be employed; to discon- tinue the conduct of any operation, function or service, in whole or in part; to transfer its operations, functions or services from or to either in whole or in part to any of its departments or other divisions; to select and direct the working force in accordance with requirements determined by the City; to create, modify or discontinue jobs; to establish and charge working rules and regulations; to create new job classifications; to establish and change work schedules and assignments; to transfer, promote or demote employees, to layoff, furlough, terminate or otherwise relieve employees from work for lack of work, lack of funds, or other legitimate reason; to suspend, discharge or otherwise discipline employees; to subcontract; to alter or vary past practices with prior notification and otherwise to take such measures as the City may determine to be necessary to the orderly and efficient operation of its various operations, functions, and services. Section 2. If in the sole discretion of the City Nanager it is determined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, hurricane conditions, or similar catastrophies or disorders of this Agreement may be suspended by the City Manager during the time of the declared emergency, provided that wage rates and other direct monetary payments shall not be suspended; provided, however, that any grievance arising during suspension of this Agreement wil~ be pursuable on termination of the declared emergency. - 3 - " I } I ARTICLE IV GRIEVANCE PROCEDURE Section 1. A grievance shall be defined as any difference. dispute or complaint regarding the interpretation or application of the terms of this Agreement. Section 2. All grievance filed shall refer to the specific section of this Agreement upon which the grievance is based and shall contain a concise statement of the facts alleged to support the grievance. Grievances shall be processed in accordance with the following procedure and shall be determined by application of the terms of this Agreement, the laws of the United States, the State of Florida, and the Charter and Ordinances of the City of Clearwater. Where the term "'\\1orking days" is used in this Arti- cle it shall refer to Monday through Friday. Saturdays, Sundays and days aesignated as holidays are excluded. Step 1. The aggrieved employee shall present orally or in writing his grievance to his immediate supervisor within five (5) working days of the occurence of the action giving rise to the grievance. The aggrieved employee may request that a F.O.P. representative be present. Discussions will be informal for the purpose of settling differences in the simplest and most direct manner. The immediate supervisor shall reach a decision and communicate it orally or in writing to the aggrieved employee within five (5) working days from the date the grievance was presented to him. Step 2. If the grievance is not settled in the first step, the aggrieved employee, within five (5) working days of the date of the answer in the first step, shall reduce the grievance to writing, sign it and present it to the - 4 - I I Division Head or his designee. The Division Head or his designee shall obtain the facts concerning the alleged grievance and shall, within five (5) working days of receipt of the written grievance, meet with the aggrieved employee. The aggrieved employee may be accompanied at this meeting by a F.G.P. representative. The Division Head or his designee shall notify the aggrieved employee of his decision in writing not later than five (5) working days following the meeting date. ' Step 3. If the grievance is not settled at the second step, the aggrieved employee shal~, within five (5) working days of the date of notification from the Division Head or his designee, present the written grievance to the Chief of Police. The Chief of Police shall obtain the facts concern- ing the alleged grievance and shall, within five (5) working days following receipt of the written grievance, meet with the aggrieved employee. The aggrieved employee may be accompanied at this meeting by a F.G.P. representative. The Chief of Police shall notify the aggrieved employee of his decision in writing not later than five (5) working days following the meeting day. Step 4. If still unresolved, the grievance and all responses shall be submitted to the City Manager or his designee within ten (10) working days of the time the re- sponse was due in Step 3. Within ten (10) working days, the Ci ty l1anager shall notify the employee, in \vriting, of his decision. Section 3. In the event that the grievance is still unre- solved, the matter shall be submitted to final and binding ar- bitration as provided in this Section. - s - I I (a) within ten (10) working days of the date of the decision of the City Manager, the aggrieved party shall notify the City Manager of its intent to arbitrate. Con- currently, said party shall request from the Federal Medi- ation and Conciliation Service a list of five (5) names of qualified arbitrators. Within five (5) working days after the receipt of such a list, representatives of the parties shall meet and each party shall strike two (2) names. The party filing the grievance shall strike the first name. The remaining name shall be notified of his selection as arbi- trator. As promptly as can be arranged, but no later than thirty (30) days from the selection of an arbitrator, the arbitration hearing shall be held. In the event the arbi- trator selected is not available in the time required, the parties shall i~~ediately obtain a new list of arbitrators from the Federal Mediation and Conciliation Service and select another arbitrator. Each party shall pay its own expense for its representative, counsel and witnesses. The fees of the arbitrator and other expenses of arbitration, including the appearance fee of a court reporter, shall be shared equally by the City and the aggrieved party. The decision of the arbitrator shall be f~nal and binding on both parties. The arbitrator shall have no power to amend, add to or subtract from the terms of the agreement. (b) Copies of the decision of the arbitrator made in accordance with the jurisdiction and authority of this Agreement shall be furnished to both parties within thirty (30) days of the date of the hearing and shall be final and binding on both parties. - 6 - I I ARTICLE V NO STRIKE Section 1. The F.O.P.agrees that during the terms of this Agreement it shall not authorize, instigate, condone, excuse, ratify, support, or acquiesce in any strike, slowdo\vu, picketing, work stoppage or any other act of like or similar nature likely to interfere with the efficient operation of the City's affairs engaged in or supported by members of the F.O.P. and/or employees represented by the F.O.P. or other agents or representatives of the F.O.P. or its affiliates. Section 2. Should the F.O.P. or the member employees covered hereunder within the City's Police Department breach this Arti- cle, then the City may proceed to the appropriate court, and without notice, obtain an injunction against such breach, that the City may recover from the F.O.P. or its successor in interest, such damage as may De incurred, together with punitive damages and attorney's fees, and that the City may take any other action authorized or required by law. Section 3. The question of whether this Article has been breached shall be subject to the grievance procedure contained herein. ARTICLE VI STEHARDS CHECK-OFF AND F.O.P. BUSINESS Section 1. The F.O.P. shall designate its stewards on the following, basis: a. Administrative and Service Divisions: One stev,ard - 7 - __.':-'_""':d-"''':''_'''''~;:.:..'~::<-.'''~4~_.'',,"",...c, ,,"'-""'.,~. "',!_:~ I I b. Detective Bureau: c. Operations Division: One steward Three stewards The F.O.P. may designate relief stewards for the above ~n order to have a steward on duty at all times. A steward shall not investigate or otherwise handle griev- ,ances during working time without the express consent of his supervisor. Section 2. Commencing at the pay day first following exe- cution of this Agreement, the City shall deduct dues owed by the employee to the F.O.P. on a bi-weekly basis provided, that prior to such deduction the F.O.P. has provided the City with a signed statement from each employee whose dues are to be deducted that such deduction is authorized; provided further that such author- ization is in a form satisfactory to the City. Any authorization for dues deduction may be canceled by the employee upon thirty (30) days' written notice to the City and the F.O.P. Section 3. The F.O.P. shall indemnify and hold harmless the City from any and all claims, demands or expenses in connection therewith based upon the City's participation in dues deduction. Nothing contained herein shall require the City to deduct from a salary or be otherwise involved in the collection of fines, penalties or special assessments. Section 4. The F.O.P. shall have a total of fifteen (15) working days time with pay during the life of this Agreement for the purpose of attending official F.O.P. functions, meetings or conferences. Requests for use of this time shall be made to the Major in command of operations. The department will grant such - 8 - _.. _,. _...:~".,,,"~y-:.~,_,..,-:_,~"\,::;,,,,,-- "_:':'~i:"':".,~_~,,,...w'-:' .","~.', .~" I I time off provided that, in the opinion of the Department, oper- ations will not be interfered with. - Section 5. The F.O.P. Civil Service Liason officer shall on request be relieved from duty with no loss in pay for the purpose of attending regular monthly Civil Service Board Meetings, unless operations will be interfered with. Section 6. The President of the F.O.P. shall, on request, be relieved from duty with no loss in pay for the purpose of presiding at the regular monthly F.O.P. meeting unless operations will be interfered with. ARTICLE VII NO DISCRIMINATION The City and the F.O.P. specifically agree that the provi- sions of this Agreement shall be equally applicable to all em- ployees covered herein without regard to race, color, religion, creed, sex, national origin, membership or nonmembership in labor organization or age, as provided by law. ARTICLE VIII CONTINUATION OF CIVIL SERVICE Except as provided in this Agreement, all Civil Service rules and provisions now in effect shall continue, insofar as provided by Section 447.601 of Florida Statutes of 1974, which is incorporated herein by reference. - 9 - I I ARTICLE IX PREVAILING RIGHTS Any right or working condition enjoyed by employees covered by this Agreement as the result of specific action taken by the City Manager or Chief of Police shall not be changed in an arbi- trary or capricious manner. ARTICLE X EXISTING RULES A Police Department rule, regulation, policy, or procedure now in existence in conflict with this Agreement shall be re- solved by modification of such rule, regulation, policy or pro- cedure to be compatible with this Agreement. ARTICLE XI POLICE OFFICER DUTIES The City agrees that no police officer, traffic enforcement officer or parkette shall be required to perform duties or functions not consistent with the job specifications as set forth in their job description. ARTICLE XII SENIORITY Section 1. Seniority shall prevail in cases of lay-off, provided, however, that the City may retain junior officers with - 10 - I I specialized skills who are assigned special duties. Section 2. No new employee shall be hired until the em- ployee on lay-off has been given an opportunity to return to work at his original seniority date and position; provided, that after one year of lay-off the employee shall cease to accrue seniority and that such re-employment rights shall cease after five (5) years from the date of lay-off. Sectiop 3. Civil service shall govern the effects of lay- off on employment benefits. ARTICLE XIII PROMOTION PROCEDURE Sec.tion 1. In the event a vacancy occurs in a budgeted position to which members of this unit are eligible for promo- tion, the City Manager shall, within thirty (30) days of the date said vacancy occurs, notify the F.O.P. that either (a) said vacancy will not be filled during the current fiscal year, or (b) that the vacancy will be filled and if a valid certified promotion eligibility list is in effect, the date upon which the vacancy shall be filled. Section 2. The current practice on promotion examination for Police Sergeant shall be continued by the City, except that: (a) Not later than eighty (80) calendar days prior to the expiration of an existing pFomotion eligibility list, a notice of new examination shall be posted on bulletin boards in the Roll Call Room and in the Detective Bureau of the Clearwater Police Department. Such notice shall contain, in addition to information concerning the date, time and place - 11 - - ._. .- - ~~. - .. ..;.~.:'. .:~";':;';'''''"'''''''''-~-~.--~.'- I I of the examination, a list of books and/or reference ma- terials from 't-7hich the examination Hill be drawn. (b) Not later than fifty (50) calendar days prior to the expiration of an existing promotion eligibility list, the written portion of the examination shall be adminis- teredo (c) Not later than ten (10) calendar days prior to the expiration of a current promotion eligibility list, the results of the new examination shall be posted; provided, however, that the City may conduct examinations at any time a promotion eligibility list is exhausted or whenever, in the judgment of the Personnel Director, the list of eligi- bles available for certification is inadequate or insuffi- cient. In the event that an examination is conducted due to a list being exhausted or inadequate, the aforementioned calendar day time frame shall be observed. PRTICLE XIV DIRECT ECONOMIC PROVISIONS The City agrees to provide the following benefits for the members of the bargaining unit. Section 1. Holidays. (a) There shall be nine (9) paid holidays for members of the Police Department. These holidays shall be: New Year's Day Washington's Birthday MeITIorialDay Independence Day Labor Day Veteran's Day Thanksgiving Day Christmas Day Employee'~ Ow~ Birthday - 12 - I I (b) In the event that one of the above named holidays occur ~uring the course of an employee's vacation, then the employee's vacation shall be extended by one day. (c) In the event that one of the above named holidays occurs while an employee is on sick leave, the employee shall receive holiday pay and shall not be charged sick leave pay for that day. Section 2. Vacations. (a) In the event that a death in the family occurs while the employee is on vacation, the employee shall be entitled to funeral leave under Section 7 of this Article; provided the employee notifies the Department of such death prior to the end of his vacation. Time charged to funeral leave under Section 7 sha~l not be charged against the employee's vacation time. In the event that the employee cannot notify the Department of the death prior to the end of his vacation due to circumstances beyond his control, the employee must notify the Department of the death in his family at his earliest opportunity. (b) Where an illness of three (3) days or more occurs during a vacation, an employee may charge this time to sick leave and such time charged to sick leave shall not be charged against the employee's accrued vacation. (c) Upon termination, an employee shall be entitled to receive all unused vacation pay acc~~ulated as of January 1, of the year of termination. (d) The vacation schedule currently in effect shall be modified as follows: Years of Service Completed Paid Vacation Days Earned 1 - 2 3 10 11 - 13 - I I Years of Service Completed Paid Vacation Days Earned 4 5 6 7 - 11 12 - 16 17 18 19 20 12 13 14 15 16 17 18 19 20 Section 3. Recall Pay. Any employee who is recalled to duty after having left for the day, or on a regularly scheduled day off, vacation day or compensation day, or more than four (4) hours prior to the start of his regularly scheduled tour of duty, shall be guaranteed a minimum of four (4) hours work. For the purpose of this Section, recall is defined as any duty, detail or response to a lawful order for which the employee can be disciplined for his failure to comply. This specifically excludes court appearances. Section 4. Court Attendance. (a) Any employee whose appearance is required in circuit or county court as the result of a matter arising out of the course of his employment shall receive a minimum of two (2) hours pay if such attendance is during the em- ployee's off duty hours. This provision shall also apply when the employee is subpoenaed to appear at the State Attorney's Office, Public Defender's Office or private attorney's office in a criminal case arising from the em- ployee's course of employment. Section 5. Acting in Higher Position Pay. If a Police Officer serves in a higher capacity on an acting basis for thirty (30) days or more, he shall receive the appro- priate pay for the acting rank retroactive to the date he assumed that status. - 14 - I " I Section 6. Physical Examinations and Innoculations. (a) The City will provide, at no cost to the employee, f~ee and mandatory annual physical examinations for each em- ployee. (b) In the event that the Department determines that an officer requires an innoculation or immunization as the result of exposure to a disease or illness in the line of duty, then the same immunization or innoculation will be made available to members of the officer's household. Section 7. Funeral Leave. .Each employee shall be allowed up to four (4) days funeral leave with no loss of pay and no charge against sick leave in the event of a death in the family. Death in the family shall be defined as the death of a spouse, child, mother, father, grand- father, grandchild, brother or sister of employee or employee's spouse. Additional funeral leave for death in the family may be requested in accordance with current rules and regulations. Section 8. Line of Duty Injury Pay. The City hereby agrees to pay the following compensation to any employee injured in the line of duty in accordance with the following ,definitions, terms and conditions: (a) Compensation shall be payable under this Section only with respect to disability as the result of injury to an employee where such injury is incurred in the line of duty. (b) An injury shall be deemed to have been incurred in the line of duty if and only if such injury is compensable under the Florida Workmen's Compensation Law. (c) The amount of compensation paid shall be the amount required to supplement funds received from the - 15 - I I Florida Workmen 1 s Compensation La,;v and any other disability or othe! income plan provided by the City, either by law or by agreement, to the point where the s~~ of the supplement herein provided and all other payments herein described equal the employee's weekly wage at the time of the injury. (d) No compensation under this Section shall be al- lowed for the =irst seven (7) days of disability; provided, however, that if the injury results in disability of more than fourteen (14) days, compensation shall be paid from the commencement of the disability. (e) The term disability as used in this Section means incapacity because of the line of duty injury to earn in the same or any other employment the wages which the employee was receiving at the time of the injury. (f) It is the intent of this Section to provide supple- mental compensation for line of duty injuries only, and this Section shall not be construed to provide compensatio~ in the event of death or injury incurred in any manner other than in the line of duty. Coverage under this Section shall not result in the loss of step increases which the officer would have received had he been on active status. In the event of any dispute or disagreement concerning the inter- pretation of the terms of this Section, then the decisions concerning definition of those terms issued under the Florida Workmen's Compensation Law shall control. (g) The maximum period for which payment may be made under this Section shall be ninety (90) days from the date of injury for each injury, including recurrences thereof. No payment made by the City during said period shall'be - 16 - I I charged against any sick leave which the employee may have accrued. (h) The City shall have the right to require the em- ployee to have a physical examination by a physician of its choice prior to receiving or to continue to receive compen- sation under this Section. Section 9. Uniform Allowances. (a) The City shall continue to provide the uniforms and equipment currently provided by the City. Modifications in said policy may be the subject of discussions within the Labor Management Committee, which committee may Tender advice to the Chief of Police with regard to changes in the current uniform policy. (b) Detectives shall receive a plain clothes allowance of Three Hundred and No/laD Dollars ($300.00) per fiscal year paid in two (2) semi-annual installments. Section 10. Accumulated Sick Leave Retirement Benefit. Any sick leave taken after the effective date of this Agreement as the result of a line of duty injury shall be added back to the employee's -unused accumulated sick leave at the time of retirement for purposes of computing the benefit allowed under the accumulated unused sick leave provisions of the Civil Service Regulations. Section 11. Overtime Pay. (a) No employee shall be sent home prior to the end of his regular scheduled shift for the sole purpose of denying overtime pay. (b) If a regularly scheduled work day is to .be can- celled, the employee must be notified by the end of his tour - 17 - I ~ I of duty immediately preceeding the scheduled work day to be canceled. (c) Employees shall be paid for all hours worked. The City shall pay overtime at the rate of time and one-half for all hours worked in excess of forty (40) hours in anyone work week. Section 12. Compensation Time. Officers shall have the option of designating overtime as compensatory time under the following procedure. (a) At the time of earning overtime the officer shall. on the form provided by the Department, designate~hether the hours earned are to be treated as paid time hours or compensatory time. (b) At the conclusion of each work week the payroll clerk shall allocate the hours in the manner designated by the officer. All time designated as paid time shall be processed for payment in the normal manner. All time designated as compensatory time will be credited to the officer's compensatory time account. Hours earned as straight time shall be credited as straight time. Hours worked in excess of forty (40) hours in a work week shall be credited at 'one and one-half (1-1/2) times the hours worked in excess of forty (40) hours. (c) An officer may request compensatory time off by filing a written request with his supervisor who shall have the authority to grant or deny the requested time off. Per- mission to take time off shall not be arbitrarily denied. All compensatory time earned during a scheduled shift cycle must be used during the scheduled shift cycle during which it was earned. All unused compensatory time in an officer's - 18 - I I account at the end of a scheduled shift cycle shall be paid off at the officer's straight time regular rate of pay in effect on the date of the end of the scheduled shift cycle. Compensatory hours off shall not be considered as hours worked in computing overtime under Section 11 of this Arti- cleo Section 13. Shift ~ifferential. Officers shall be entitled to shift differential pay as set forth in this Section. (a) For purposes of computing shift differential pay the following shift series and lump sum payments are estab- lished: Payment per Shift Series No. Hours 28 day period 100 2400-0700 $20.00 200 0700-1600 None 300 1600-2400 $10.00 (b) An officer's shift differential shall be deter- mined by the shift series into which the majority of the hours of his regularly assigned shift for the scheduled shift cycle falls and without regard to the starting or ending time of the officer1s shift. Temporary shift or duty assignments shall not entitle an officer to shift differen- tial pay. (c) Officers assigned as Vice Detectives shall be deemed to be assigned to a 300 series shift regardless of actual shift assignment. (d) Payments under this Section are lump sum payments and are not to be used for the computation of any other pay- ment under this Agreement. Shift Differential pay shall be paid to any officer regularly assigned to a series 100 or - 19 - .. I I 300 shift and shall not be prorated on account of vacation, holiday~ or other paid time off. Section 14. Wages. Officers shall be compensated in accord- ance with the attached Appendix A. ARTICLE XV BULLETIN BOARDS AND POSTING OF AGREEMENT Section 1. The City agrees to provide space of bulletin boards at the Roll Call Room and at the Detective Bureau for posting by the F.O.P. of notices of meetings or other official F.O.P. informa- tion; provided, the City shall first review and agree to any such posting; provided further that such agreement shall not be un- reasonably withheld. Section 2. The City and the F.O.P. agree that this Agreement shall be posted by the City ,in a conspicuous place in the Roll Call Room and at the Detective Bureau. ARTICLE XVI LABOR MANAGEHENT CO}~ITTEE There shall be a Labor Management Committee established to consist of two (2) members appointed by the Chief of Police and two (2) members appointed by the F.O.P. The purpose of this Committee shall be to meet and confer concerning problems of a general nature which may from time to time arise in the Depart- ment and to make recommendations to the Chief concerning reso- lution of any such problems.' The Committee shall meet not less than monthly at a time and place designated by the Chief, and its - 20 - I I reco~~endations shall be advisory in nature only. The committee shall determine its own rules of operation. ARTICLE XVII A..l1ENDMENTS This Agreement may be amended at any time by the mutual consent of the parties, but no such attempted amendment shall be of any force or effect until placed in writing and executed by each party hereto. ARTICLE XVIII SEVERABILITY AND WAIVER Section 1. Each and every clause of this Agreement shall be deemed separable from each and every other clause of this Agreement to the end that in the event that any clause or clauses shall be finally determined to be in violation of any law, then and in such event such clause or clauses only, to the extent only that any may be so in violation, shall be deemed of no force and effect and unenforceable without impairing the validity and enforceability of the rest of the contract including any and all provisions in the remainder of any clause, sentence or paragraph in which the offending language may appear. Section 2. This exercise or nonexercise by the City or the F.O.P. of the rights covered by this Agreement shall not be deemed to waive any such right or the right to exercise them in the future. - 21 - I . ~ I ARTICLE XIX CONTRACT CONSTITUTES ENTIP~ AGP~EMENT OF THE PARTIES The parties acknowledge and agree that during the negoti- ations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agree- ments arrived at by the parties after the exercise of that right and opportlli~ity are set forth in this Agreement. Therefore, the City and the F.O.P., for the life of this Agreement, each volun- tarily and unqualifiedly waives the right to require further collective bargaining, and each agrees that the other shall not be obligated to bargain collectively with respect to any matter or subject not specifically referred to or covered by this Agree- ment, whether or not such matters have been discusaed, even though such subjects or matter may not have been within the knowledge or contemplation of either or both parties at the time that they negotiated or signed this Agreement. This Agreement contains the entire contract, understanding, undertaking and agreement of collective bargaining for and during its term, except as may be otherwise specifically provided herein. ARTICLE XX DURATION, MODIFICATION AND TE~~INATION This Agreement shall be effective as of the 1st day of October, 1976, and shall continue in full force and effect until the 30th day of Sep:ember, 1977. At least one hundred twenty - 22 - "j . I . I " (120) days prior to the termination of this Agreement, either party hereto.shall notify the other, in writing, of its intention to modify, amend or terminate this Agreement. Failure to notify the other party of intention to modify, amend or terminate, as hereinabove set forth, will automatically extend the provisions and terms of this Agreement for a period of one (1) year, and each year thereafter absent notification. In the ,event that the parties hereto desire to modify or amend this Agreement and have been unable to agree on said modi- fication or amendment by the termination date of this Agreement, this Agreement shall terminate without further notice. IN WITNESS WHEREOF, the parties hereto have hereunder set their hands and seals this ~;I~ay of g'~~1re~ 1976. 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