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Ord. No. 06-06-1874ORDINANCE NO. 06 -06 -1874 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE YEAR COLLECTIVE BARGAINING AGREEMENT BETWEEN THE MIAMI -DADE COUNTY POLICE BENEVOLENT ASSOCIATION SUPERVISORY UNIT (LIEUTENANTS AND CAPTAINS) AND THE CITY OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE WHEREAS, the Mayor and City Commission of the City of South Miami seek to provide the highest levels of law enforcement protection and services for the citizens, residents, businesses and visitors of the City of South Miami; and WHEREAS, a Collective Bargaining Agreement with the Miami -Dade County Police Benevolent Association (PBA), representing the Supervisory Collective Bargaining unit (Lieutenants and Captains) of the South Miami Police Department is an integral component of this effort; and WHEREAS, the City Administration and the PBA have successfully concluded negotiations on a new three -year contract which achieves these objectives; and WHEREAS, the Supervisory Collective Bargaining unit of the South Miami Police Department has ratified the Collective Bargaining Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The Collective Bargaining Agreement for 2004 -2007 between the Miami -Dade County Police Benevolent Association and the City of South Miami, which is attached and herein incorporated by reference, is approved and the City Manager is authorized to execute said contract on behalf of the City. Section 2. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. This ordinance shall be effective as of November 1, 2005. PASSED AND ADOPTED this day of 6 G q4,k��- , 2006. ATTEST: APPROVED: CITY CLERK - M PBA Lieutenants & Captains Ordinance Page I of 2 Ord. No. 06 -06 -1874 READ AND APPROVED AS TO FORM CI TORNEY 1St Reading - 1/11/06 2nd Reading - 1/17/06 COMMISSION VOTE: 5-0 Mayor Russell: Yea Vice Mayor Palmer: Yea Commissioner Wiscombe: Yea Commissioner Birts- Cooper: Yea Commissioner Sherar: Yea CADocuments and Settings\ArickeNy Documents \Word Documents\ OrdinanceLieut &CaptAgreement.doe P:BA..Lieutena is & Captains Oi- di:nance Page 2 of 2 South Miami MffeftCft CITYOF SOUTH MIAMI 11111F OFFICE OF THE CITY MANAGER INTER- OFIfICE MEMORANDUM- 2001 To: Honorable Mayor, Vice Mayor & Date: January 17, 2006 City Commission f From: Maria V. Davis 'Agenda Item # City Manager 5 Re: PBA Police Lieutenants and Police Captains Collective Bargaining Agreement • i �3 Attached is the Collective Bargaining Agreement between the Miami -Dade County Police Benevolent Association for Lieutenants and Captains and the City of South Miami for fiscal years 2004 -2005/ 2005 -2006 and 2006 -2007. This agreement had been ratified by the unit on June 23, 2005. The agreement was presented to the Commission and approved via resolution at the November 1, 2005 Commission meeting_ It is being brought back to the City Commission as an ordinance because at the December 20, 2005 Commission meeting staff was informed that multi year contracts must be adopted as ordinances, not resolutions. We recommended that the City Manager be authorized to enter into the attached Collective Bargaining Agreement. 2®05 ®20®6 006 -2007 (M2291597;1) PREAAOLE This Agreement is entered into by the City of South Ifianni, Florida, hereinafter referred to as the "Employer" or the "City" and the bade County Police Benevolent Association, Inc., hereinafter referred to as the "Association ", for the Purpose of promoting harmonious relations between the Employer and the Association, to establish an orderly and prompt procedure for the resolution of grievances, to insure continuation of normal activities and departmental operations, to settle differences which weight allse and to set forth the basic and fW1 agreement between the parties concerning rates of pay, - wages, hours of wont and all other conditions of employment. ARTICLE 1 RECOGINTITION The Employer hereby recognizes the bade County Police Benevolent Association as the collective bargaining agent for all permanent finll -time sworn police personnel of the rank of Division Commander, Police Lieutenant and Police Captain, but excluding all other employees of the City of South hdiami, including the Chief of Police, Assistant Chief of Police, Police Major, Police Sergeant and Police Officer.* ARTICLE 2 N0N-DI5CRMMqATI0N There shall be no discrimination, interference, restraint, or coercion by the Employer or the Association against any employee because of Association membership or non- membership, or because of race, creed, color, sex, marital status or national origin.. All reference to employees in this Agreement designate both sexes and wherever the male gender is used it shall be construed to include male and female employees. ARTICLE 3 DUFS CHECK-OIFF 1. Any member of the Association, who has submitted a properly executed dares authorization card or written statement to the City Mana. ®er or their designee in accordance with a format prescribed or approved by the City may, by request in writing have their membership dares in the Association deducted from their vaages. Dues shall be deducted each bi- weekly pay period, and shall, thereafter, be transmitted to the Association. However, the City shall have no responsibility or any liability for any monies once sent to the Association, nor shall the City have any responsibility or any liability for the improper deduction of dues. Further, the Association shall hold the City hamiRess for nom - intentional errors in the adminnistration of the dues deduction. system. 2. It shall be the responsibility of the Association to notify the City Manager or their designee of any change in the amount of dues to be deducted at least thirty (30) days in advance of said change. Under no circumstances shall the Cif be required to deduct Association fines, penalties, or assessments from the wages of any member. 3. Any member of the Association rimy, on thirty (30) days written notice to the City and the Association, request the City to cease deducting dues from their wages. *The PBA and the City agree to !a-le a Joint Unit ClaE fication Petition with PERC for the purpose of including Division Commanders in the Supervisory Bargaining Unit currently consisting of Lts. and Captains. It is understood and agreed that this tentative Collective Bargaining Agreement will be submit ed for ratification by the unit employers and the City Commission contingent lip-on t<`ue successful inclusion of Division Cornmanders in the supervisoryuunit. (IM229' 597;1) 3 A TICLF, 4 ASSOCIATION REPRESENTATIVES 1. one member of the Association shall be allo twed to attend baggai or sesiYv_ purpose of renegotiating this Agreement without loss of pay, should the meeting -u,,, place while the member is on duty, if approved in advance by the Chief of Police. Should the member be off duty louring a bargaining session, he shall not be entitled to any compensation. All bargaining sessions shall be set by mutual agreement between the parties. 2. The Association Representative shall be allowed to process grievances -without lass of pay, should such processing take place while the Association Representative is on duty. There shall be a cap of one (1) hour total time which the Association Representative may spend on any one grievaBnce. It is understood and agreed, however, that the foregoing is subject to tlne manpower needs of the Department at all tines. 3. The Association representative shall be allowed to attend the Bade County PBA Board of Directors meeting once a month without loss of pay or leave time, should the meeting take place while the Association representative is on duty. ARTICLE 5 SERVICES TO THE ASSOCIATION 1. The City will fuEmish the Association a copy of the Police Department's Runes and Regulations. 2. The City will allow the Associations and its rephesenaatives reasonable access to the City Commission Chambers for the conducting of Association business when such facility is not in normal cruse, upon (5) days written request therefore to the City Manager or their designee. 3. The City will provide a m, Oboe for each employee for use by the City and the Association to distribute snail and other communications. The aforesaid mailboxes may be used by the Association strictly for the purpose of transmitting material of an informational mature, and shall not be used for the purpose of communicating material tending to, directly or indirectly, disparage any effected or appointed official of the City. 4. Upon written request by the Association, the City will provide, on a semi-annual basis, a. complete roster of the bargaining unit, including name, rank, address, telephone number, social security number and c=ent pay scale. ART YULE 6 PERSONNEL RECORDS 1. Employees covered by this Agreement shall have the right to "inspect their ofEcial personnel fle and/or their closed Internal Affairs file during normal business hours and shall mot be compensated should said inspeetion occur outside *employee's regular duty ho -urs. The employee shall have the right to request duplicate copies of any items in their official files, upon payment of the usual charge thereof. 2. Employees covered by this Agreement shall receive copies of any disparaging items which are placed in the employee's ofEcial personnel file. Employees covered by this Agreement shall also have the right to add written responses to any such disparaging items which are placed in the employee's official personnel file. All written responses shall be sent to the Chief of Police via chain of comimand not more fM2291697;1 }4 than ten business days following the day of receipt by the employee. responses shall strictly parallel the disparaging item(s) of concern. 3. To the extent permitted by law, all personnel records of the employees shah confidential and shall not be released to any person except: authorized officials of ttla City, or in response to a subpoena from a court of competent jurisdiction, or upon written authorization from the employee. In this regard, the PBA recognizes the City's obligation to comply with Chapter 119, Florida Statutes. 4. At no time shall the news media be directly or indirectly furnished with the home address, telephone number or photograph of any employee or relatives without their express written consent. 5. The City shall purge all records of counseling and oral warnings from employees' personnel files after five (5) years of service without receiving further related counseling or oral warnings. Such documents shall be kept in a separate file. ARTICLE 7 INTERNAL UNVESTIGATI ®N AND OBLIGATION TO THE PUBLIC 1. The parties recognize that the security of the City and its citizens depends to a great extent upon the manner in which the employees covered by this Agreement perform their various duties. Further, the parties recognize that the performance of such duties involves those employees in all manner of contacts and relationships with the public . and out of such contacts and relationships, questions may arise or complaints may be made concerning the actions of employees covered by this Agreement. Investigation of such questions and complaints must necessarily be conducted by, or under the direction of, departmental super`ais®ry officials whose primary concern must be the security of the City and the preservation of the public interest. 2. In order to maintain the security of the City and protect the interests of its citizens, the parties agree that the City must have the unrestricted right to conduct investigations of citizens' complaints and matters of internal security; provided, however, that any investigative interrogation of an employee covered by this Agreement relative to a citizen's complaint and/or matter of internal security shall be conducted under the following conditions: A. The interrogation shall be conducted at a reasonable hour, preferably at a time when the employee is on duty, unless the seriousness of the investigation is of such a degree that immediate action is required. B. The employee under investigation shall be informed of the nature of the investigation prior to any interrogation, and he shall be informed of the name of all complainants, if known to the Department. 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 investigation shall be asked by and through one (1) - interrogator at any one time. D. Interrogation sessions shall be for reasonable periods and shall be timed to allow for such rest periods as are necessary. All interrogations will be held at the headquarters of the South Miami Police Department, insofar as possible. (M2291697;1)5 E. Any employee under investigation shall be informed of the right to be represented by coon el or any other representative of their choice who shall be present at all times during such interrogations whenever the interrogations relate to the employee's continued fitness for lave enforcement services. F. The ford interrogations of an employee, including all recess periods, shall be recorded, and there shall be no unrecorded questions or statements. G. If the employee under interrogation is under arrest or is likely to be placed under arrest as a result of the interrogations, he shall be completely informed of all of his rights prior to the commencement of the interrogation. H. During interrogations covered hereunder, questions shall be limited to the circumstances surrounding the allegations, which are the subject of the investigation. I. An employee under investigation may obtain, a copy of any written statement he has executed. I The employee shall not be subjected to any offensive language, nor shall he be threatened with transfer, dismissal, or other disciplinary measures. No promise of reward shall be .made as an inducement to answering questions. K. No employee may be compelled to testify before, or be questioned by any non-governmental agency unless under proper court subpoena. L. The City agrees that no adverse action will be taken against any employee who exercises the rights provided for in this Article. M. An employee who is criminally charged in any jurisdiction with a felony or a serious misdemeanor including but not limited to, DIJ -I, lewd and lascivious conduct, indecent exposure or peij y may, upon review of the circa .instances by the Chief of Police, be relieved of duty without pay: or benefits. If e x ®negated, employee shall be compensated for back pay and benefits retroactive to the date the employee was relieved from duty. Any employee placed on leave without pay shall remain on the City's E mployee Census but shall be responsible for the full cost of health insurance premiums, during the relief from duty period. N. Upon conclusion of an internal review investigation, employees, designated as subjects, shall be given a written disposition of said investigation. ®. Not sustained or unfounded letters of complaint from citizens rill not be inserted into an officer's official personnel record. P. The charge of "conduct unnbecoming" and all similarly vague charges 1AU not be used by the City unless further substantiated by specific charges. Q. Should disciplinary action result tom an internal investigation, an employ ee may, at the option of the Chief of Police, be allowed to use vacation time to sctis3y d suspension v1flch fin fur eve wa_ s or less, hedvever the exercasing of such option will waive the right to otherwise appeal the discipline. [M-1291-697;1)6 ARTICLE 9 VEMCLES AND SAFETY EQUIPMENT 1. The City rill make a good -faith effort to maintain police vehicles and safety equipment in proper working order. Police vehicles operated by the City shall comply with the standards and requirements of applicable State Statutes governing rotor vehicle safety equipment. Employees will as soon as possible report any broken and/or malfunctioning equipment to their supervisor. Employees shall 'keep the vehicles cleaned and fueled. It is the responsibility of officers with assigned Take -Home Vehicles to promptly deliver their vehicle; to the Motor Pool when repairs are necessary for scheduled preventative ramintenance. ARTICLE 9 PROMOTIONS, l@ OVAL AND SENIORITY 1. Employees in the ranks of Division Commander, Lieutenant and Captain serge at the will and pleasure of the Chief of Police. Accordingly, promotions to and removal of employees from. the ranks of Division Coriander, Lieutenant and Captain for non-disciplinary reasons shall remain within the sole discretion of the Chief of Police. 2. In the event of such removal, the employee will revert to his/her last tested position, and will be credited with the seniority accrued as a Commander, Lieu tenant or Captain. ARTICLE 10 T G 1. The City will provide each employee a copy of training NdUetins. Additionally, the City vvill promptly post in a prominent place, City training bulletins as well as approved training advertisements. 2. The City agrees to pay for any course at the School of Justice, Ytiami Dade College which employees are required to attend. The City agrees to provide at least forty (40) hours of training every four years to meet Florida statutory certification requirements. The City may provide additional training in its discretion. 3. The City shall attempt to provide weapons training for all employees, but in no event will such training be less than once annually. Their training is in addition to the training provided gander paragraph 1 0.2. Upon qualification and a demonstration of proficiency, employees shall be permitted to carry, on duty, semiautomatic weapons which have been approved by the Department and in accordance with Article 28. The City agrees to provide ammunition for firearms training. 4. The City agrees to sponsor and encourage members of this unit to attend and participate in management level training, upon approval of the Chief of Police and within the budgetary constraints of the City. 4,RTICLE 11 GRIEVANCE CE AND ARBITRATION PROCEDURE 1. In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is weed and understood that there shall be a procedure for the resolution of grievances between the parties. For the purpose of their Article, a grievance is defined as, and- limited to, any dispute, difference or controversy involving the interpretation and application of this Agreement. 2. Every effort will be made by the parties to settle any grievance as expeditiously as possible. Should the grieving party fail to observe the time limits as set out in the (M- -)29 i 597; i } % steps of this Article, their grievance shall be considered conclusively abandoned. Any grievance not answered by innaanagement within the prescribed time limits shall automatically advance to the, nexxt higher step. 3. Grievances shall be presented in the folloving manner: STEP 1: The employee shall Est take up their grievance with the Chief of Police ww-itlnin seven (7) calendar days of the occurztence of the event(s) gdkrhich gave rise to the grievance, or within seven. (7) calendar days after the employee's retairn to work from authorized leave, as the case may be. The grievance shall be reduced to writing and shy be discussed by and between the employee (or the representative of the Association and the employee) and the Chief of Police within ten (16) calendar days of the presentation of the grievance. The Cbief of Police, shall within ten (10) working mays after such discussion (or such longer period of 'Lurie as is innaitually agreed upon), gender his decision in writing, with the copy to the Association; STEP 2: In the event the employee is not satisfied Mth the disposition of the grievance in Step 1, he shall have the right to appeal the Chief of Police's decision to the City Manager within seven (7) calendar days of the date of issuance of the Chief of Police's decision. Such appeal Mast be accompanied by the filing of a copy of the original written grievance together with a letter signed by the employee, or, at the employee's option, the representative of the Association, requesting that the Chief of Pol'ice's decision be reversed or modified. The City Manager shall, within been (15) worldng days of °,ie appeal (or say, -eve longer period of time as is mutually agreed capon) render a. decision in writing with a copy to the Association. 4. VvThere a grievance involves discharge, suspension or disciplinary demotion invoiced by the City, such grievance shall be filed at Step 2 within ten (10) calendar clays from the date the employee receives the discipline notice. 5. In the event a grievance processed through the grievance procedure has not been resolved at Step 2 above, either party may request that the grievance be submitted to arbitration ¢�rithia fifteen (15) calendar days after the City Manager renders a written decision on the gnevannce. The arbitrator may be any impartial person mutually agreed upon by and between the parties. However, in the event the parties are unable to agree upon said impartial arbitrator, the parties shall jointly request the American Arbitration Association to fumish a panel of nixie (9) names from which each party shall have the option of striking four (4) nines in alternating fashion, thus leaving the ninth, which will give a neutral or impartial ar`19itrator. The partly requesting arbitration vi l strike the first name. Either party may reject tap to two (2) ar'oitrat on panels in any given case. 6. The City and employee (or tho Association) W all m w--^I y agree in v.- citing as to the statement of the grievance to be arbitrated prior to the arbitration hearing, and the arbitrator, thereafter, shall confine their 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 confine their consideration and determination to the written statement of the grievance presented in Step 2 of the grievance procedure. The arbitrator shall have no authority to change, amend, ad 3 to, subtract from, or otherwise alter or suppler, eat this A greement"or any part thereof or {MM91697;1 } 8 amendment thereto. The arbitrator shall have no authority to consider or male -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 Agreement; nor shall this collective bargaining agreement be construed by the arbitrator to supersede applicable laws in existence at the time of sign ,g of this Agreement, except to the extent as specifically provided herein. 7. Each party shall bear the expense of its oven witnesses and of its own representatives for purposes of the arbitration hearing. The impartial arbitrator's fee and related expenses and expenses of obtaining a hearing roor, if any, shall be equally divided between the parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share the said cost. 8. The parties shall make their choice of the impartial arbitrator within seven (7) calendar days after receipt of the panel from the American Arbitration Association. Copies of the arbitrator's award made in accordance with the jurisdiction and authority sunder this Agreement shall be furnished to both parties within thirty (30) days of the close of the arbitration hearing. The arbitrator's award shall be faunal and binding on the parties. ARTICLE 12 HOLIDAYS 1. The below - lasted paid holidays shall �e granted under the following conditions: 1) January 1 New Year's Day 2) aid Monday of January Martin. Loather King's Birthday 3) 3rd Monday of February 4) 3rd Monday of May 5) July 4 6) 1 st Monday of September 7) November 11 8) Forth Thursday in November g) Friday after Thanksgiving 10) I/2 day December 24 11) December 25 12) Birthday 13) Floating Holiday President's Day Memorial lay Independence Day Labor lay Veteran's Day Thanksgiving Day Christmas Eve Christmas Day After 1 year continuous service Afterl year continuous service 2. Where observance of these holidays may interfere with the work schedule, such observance on an alternate date may be made at time department head's discretion, with the approval of the City Manager. If an employee is rewired to work on a holiday, the employee shall have the right to take an otherwise regulars work day off with the approval of the Chief of Police. 3. When a holiday falls on a Sunday, the following Monday shall be observed and when it falls on a Saturday, the preceding Friday shall be observed. These alternate observances of holidays shall occur as long as there is acceptable police coverage of the City. f lVM9t 697;1) 9 ART'1CLE 13 SICK LEAVE 1. Sick Ieave shall be granted to employees for absence because of- (a) Personal illness or physical disability resulting in the incapacity of the employee to perform the regular duties of their position and not arising from a service - connected injury or accident. (b) Medical, dental or optical treatments and examinations. (c) Personal illness or physical disability resulting in the incapacity of the employee to perform the usual duties of their position and arising loan a service - connected injury or accident, but only titer all available disability benefits offered under Workmen's Compensation are exhausted, provided further that use of sick leave in this manner shall be at the employee's request and is not mandatory. (d) Illness or injury to a member of a bargaining unit member's mediate family that requires the employee to care for that immediate family member. 2. Employees shall be credited with one (1) clay of sick leave at the end of each month during the year. 3. Sick leave may be takers only to the extent that it is accred. No advance sick leave shall be granted except in an emergency and upon approval of the City Manager. 4. Current employees wbr.11 be eligible to receive the sick leave payout, with the existing cap of 600 hours, for the terra of this Agreement. Employees who are hired on or after October 1, 1995, will not be eligible to receive any sick leave payout. 5. Effective October 1, 1995, employees will be allowed to accrue sick leave in excess of the 600 hours cap. Nevertheless, the sick leave payout will be governed by Section 4 of this Article. 6. All current employees, as of October 1, 1995, will retain current payout provision upon termination of employment, and will have no cap on sick leave accrual. All employees hired after October 1, 1995, shall receive no sick leave payout upon termination, but will have a "no -cap" maxima on sick leave accrual. All employees who have attained a sick leave balance of a minimum of 36 days (288 hours) shall be eligible on their first anniversary date following that accumulation to convert up to 32 hours of their annual unused sick leave balance in excess of 298 hours to vacation leave. An employee who eases in excess of 32 hours of sick leave during a one -year period will not be eligible for this benefit. The catastrophic illness bank will be abolished and accrued hours will be returned to employees who have accred this leave. Sick leave donated to assist other employees in need shall not be counted against the donating employee for the purpose of conversion to vacations_ 7. An employee whose service wvith the City is terminated and who has taken sick leave that is unearned at the date of termination, shall reimburse the City for all salary paid in correction wvvfth such unearned leave, except in cases where the employment is terminated by the death of an employee, or in cases where and employee is unable to return to dusty because of their disability, the evidence of which shall be supported by and acceptable medical certificate. d. In all cases of absence on sick leave in excess of three (3) work days and in cases of absence on sick leave for any period less than three (3) work days when the Chief of Police shall so direct, the written request for sick leave shall be accompanied by a certificate signed by the physician or ®ler licensed medical practitioner treating the ,M_2291597;I) 10 employee, certifying as to the incapacity of the employee during such period to perform the usual duties of their position. Such directives shall be valid and in force for a period not to exceed four (4) months. Chief of Police may issue additional directives not to exceed four (4) months in duration, in their discretion. The issuance of all such directives may be appealed to the City Manager. Failure to furnish such a medical certificate for absences in excess of three (3) workdays, or for any absence when so directed by the Chief of Police, shall result in the absence being charged to the vacation leave of the employee and possible disciplinary action. 9. Employees hired prior to October 1, 1995, who voluntarily terminate employment from the City, shall receive payment for leave deposited in the sick: leave bank in accordance with following schedule: After 5 years of continuous service 25% After 10 years of continuous service 50% After 15 years of continuous service 75% After 20 years of continuous service 100% 10. The parties agree that the City may take any steps it deems appropriate to strictly administer and enforce the City sick leave policy in such a manner as to eliminate abuse of sick leave privilege. 11. In the event an employee is killed in the line of duty, or a death by natural causes, their heirs shall receive one hundred percent (100 %) of their accumulated sick leave time. 12. Any sick leave donated to other City employees shall not be counted against the donating employee in terms of use or rollover of sick time to vacation time. ARTICLE 14 FUNERAL LEAVE 1. Employees covered by this Agreement shall be entitled to funeral leave with pay up to a maximum of four (4) work days in the event of a death in the employee's family. Two (2) additional days of leave shall be granted if travel in excess of 250 miles one way is necessary. 2. The immediate family shall be defined as wife or husband, grandparents, parents, children, grandchildren, brothers, sisters, father -in -law, mother -in -laws, brother -in- law and sister -in -law. 3. Proof of death in the immediate family in the form of death certificate or public obituary must be provided to the City Manager or their designee before compensation is approved. 4. Funeral leave shall not be charged to sick leave or annual leave. ARTICLE 15 LEAVE OF ABSENCE 1. "No Pay" leave may be granted by the City Manager in his or her discretion for a period not to exceed six (6) months to enable the employee to receive professional or technical training which will improve their work upon their return to service, or because of the employee's extended illness or non-job-related disability. Maternity leave shall be treated the same as any other extended illness or non-job-related (M2291697;1)11 disability. "No Pay" leave may be granted by the City Manager to an employee for a period not to exceed one (1) calendar month for any other purpose. 2. "No Pay" leave granted to any employee shall not be charged against vacation leave, but envy thereof shall be made upon the leave records of such employee. 3. Any employee granted leave without pay for six (6) months or more shall be entitled to be placed by the City only if a job position is available, it being clearly understood that if the job position last held has been filled or eliminated, the City will make every effort to place the employee in another job position for which said employee qualifies. If placed in another job position, said employee shall be entitled only to the gage scale for such new position. If no job position is available, the City will give priority to said employee as soon as a new job position for which the employee qualifies, is available. ARTICLE 16 VACATION LEAVE 1. The terra "Vacation Leave" shall be used to designate leave with pay granted to an employee on the following prorated basis: Fears of 1JJ�p err upted Service Amount of Vacation 1) 1 to 5 years inclusive 2 -2/5 weeps or 12 working days* 2) 6 to 14 years inclusive 3 weeks or 15 working days 3) 15 to 19 years inclusive 3 -3/5 weeks or 18 working days 4) 20 years and over 4 -1/5 weeks or 21 working days (a) Vacation shall require approval of the Chief of Police or their designee, and at no time shall an employee be allowed to use more vacation leave than has been accumuulwed. (b) Earned vacation time is principally intended for use during the year in which it is earned. Linder exceptional circumstances and upon written request within the year in which the vacation time is earned, such time may be used up to 30 days past the employee's anniversary date with the vaitten approval of the City Manager. (c) Vacation leave may be taken to the extent that it is earned by the employee, subject to the prior approval of the Chief of police, upon written application by the employee in advance, and at the convenience of the City. (d) Any earned and credited vacation leave to the credit of an employee when terminating employment with the City will be paid prorated at the employee's current rate of pay with the last paycheck received. 2. An employee may request their vacation pay checks in advance of scheduled vacation pay by submitting a written request to the Cit -y�'s Payroll Department at least two (2) weeks prior to starting their vacation. Must be preapproved by the City Manager. 3. Employees will be permitted to split their vacation dates at the discretion of the Chief of Police. ARTICLE 17 EXTRA -DITTY POLICE ENIFLOY! Eli T 1. Police Officers authorized by the Chief of Police to perform extra -duty police employment shall charge in accordance with the Miami -bade Police Department's extra duty rate table. [M2291697;1) 12 2. Any employee who may injured whiie acting in the scope of such employment shall be entitled to the same rights, privileges, benefits and workers' compensation as if on duty provided that such extra -duty employment is authorized by the Chief of Police. 3. The parties agree to the formation of a committee to promulgate recommendations for a fair and equitable system of allotting extra duty work. The Committee shall consist of nnemnbers of the collective bargaining unit (selected by the PBA), staff and management of the police department. ARTICLE 18 111 iS'l> P3CE BENEFITS The City agrees to pay for HMO health insurance for all employees covered by this agreement. Employees wanting ties saptiomnal P ®S or PP0 health insum ante will pay the difference between the two plans. The City will also continue the current levels of coverage for dental, life and disability insurance. The employee agrees to pay for 100 % of dependent coverage for health and dental insurance. ARTICLE 19 A4-ANAGEMEINT RIGHTS 1. The Association and its members recognize that the City has the exclusive right to manage and direct all of its operations. Accordingly, the City specifically, but not by wary of limitation, reserves the exclusive right to: A. Decide the scope of service to be performed and the method of service; B. Hire and/or otherwise determine the qualifications of employees and the critea�a and standards for employment; C. Promote and/or remove employees from the hanks of Division Commander, Lieutenant and Captain for non - disciplinary reasons within the sole diiscretioh of the Chief of Police; D. Terminate or otherwise discipline employees for just cause; E. Promote and determine the qualifications of employees; F. Lay off and/or relieve employees from duty due to lacy of work or budgetary constraints. G. Transfer employees from location to location and from time to time; H. Rehire employees; 1. Determine the starting and quitting time and the numbers of hours and shifts- to be worked. J. Determine the allocation and content of job classifications; K Formulate and/or amend job descriptions; L. Merge, consolidate, expand, or curIA- or discontinue temporarily or permanently, in whole or in part, operations whenever in the sole discretion of the City goad business judgment snakes such curtailment or discontinuance advisable; M. Contract and/or subcontract any existing or future work; N. Expand, reduce, alter, combine, assign, or cease any job; 0. Determine whether and to what extent the work required in its operation shall be ,performed by employees covered by this Agreement; P. Control the use of equipment and property of the City; Q. Determine the number, location, and operation of headquarters, annexes, substations and divisions thereof; f.',42291697;1 113 R. Schedule and assign the work to the employees and to determine the size and composition of the work force; S. Determine the services to be provided to the public and the. maintenance procedures, materials, facilities, and equipment to be used, and to introduce new or improved services, maintenance procedures, materials, facilities and equipment; T. Take whatever action may be necessary to carry out the mission and responsibilities of the City in emergency situations; U. Formulate, amend, revise and implement policy, programs, rave, and regulations; V. Have complete authority to exercise those rights and powers that are incidental to the rights and powers enumerated above including the right to make unilateral changes. 2. The above rights of the City are not all inclusive but indicate the type of matters or rights which belong to and are inherent in the City as the employer. Any of the rights, power, and authority the City had prior to entering their collective bargaining agreement are retained by the City, except as specifically abridged, delegated, granted or modified by this Agreement. 3. If the City fails to exercise any one or more of the above functions from time to time, this vain not be deemed a waiver of the City's runt to exercise any or all of such f actions. A TTCLE 20 WOLZK STOPPAGES 1. The Association agrees that, under no circumstances, shall there be any viork stoppage, strike, sympa`flny strike, safety striae, jurisdictional dispute, walkout, sit - do--: rm stay -in, sick -out or any other concerted failure or refusal to perform assigned work for any reason whatsoever, or picketing in the furtlnerarnce of any of the above - prohibited activities, nor shall any bargaining unit personnel refuse to cross any picket line at any location, whether the picketing is being done by the Association or any other employee organization or union. 2. The Association agrees that the City shall retain the right to discharge or otherwise dnscipae some or all of the employees participating in or promoting any of the activities enumerated in paragraph 1 above, and the exercise of such rights by the City will not be subject to recourse under the grievance /arbitration. process. 3. It is recognized by the parties that the activities enumerated in paragraphs 1 and 2 above, are contrary to the ideals of professionalism and to the City's coinnmunity responsibility. Accordingly, it is -understood annd agreed that in the event of any violation of this Article, the City shall be entitled to seek and obtain legal and/or equitable relief in any court of competent jdarisdictiom 4. For the purpose of this Article, it is agreed that the Associations shall be responsible for any act committed by its officers, agent, and/or representatives which act constitutes a violation of state law or the provision herein. in addition to all other rights and remedies available; to the City under state lava, in the event of a breach of the provisions herein, the City shall have the right to unilaterally and without further notice terminate their collective bargaining agreemenpt, withdraw recognition fronn the Association, and cease dues deductions. (NE291697;1) 14 ARTICLE 21 AWACS The City will endeavor to prude a formal system of awards f ©r various -degrees of outstanding service. Employees selected as Officer of the Month or Supervisor of the Month shall receive official awards which are to be pasted conspicuously in the Police Station and City Nall. Additionally, formal recognition of employee's exceptional service shall be placed in personnel files. ARTICLE 22 !YMITARY LEAVE The City small abide by any and all statutory rights employees who are also members of the United States military are entitled to. ARTICLE 23 AUTHORIMED USE OF PRINATE AUTO l®' OB LE Any employee authorized to use the private automobile in the performance of their City duties will be compensated at the mileage rate prescribed by Florida. Statutes. Such mileage shall be computed based on the distance between the employee's regular duty station and the place of assignment or the employee' residence and the place of assignment, whichever is shorter. rJlIllleage shall not be paid for commuting to and from the regular duty station or for court appearances or case- related conferences. ARTICLE 24 BULLETIN BOARDS i'he City shale permit The Association to post notices of an informational nature and names and addresses of officers, directors, and representatives of the Employee Organization on a 5' x 4' bulletin board in the squad room at the police station. A copy of each notice to be posted shall be transmitted to the Chief of police or their designee prior to posting. Under no circumstances shall the Association tender for posting any notice training material tending to, directly or indirectly, disparage any elected or appointed official or employee of the City. An officer of the Association shall sign each notice to be posted_ ARTICLE 25 _SEVERABELITY CLAUSE Should any provision of this Agreement or any pa.,-°t thereof, be rendered or declared invalid by reason of any existing or subsequently einacted state or federal legislation, or by any decree of a coin of competent jurisdiction, all other articles and sections of this Agreement shall remain in fill force and effect for the duration of this Agreement. Furthermore, should any provision of this Agreement become invalid, as described above, the parties shall meet within thirty (30) calendar days of such decision or legislation to discuss substitute provisions or ra cations of such action of this Agreement. ARTICLE 26 CONTENSATION All bargaining unit members shall receive a one percent (I%) across the board wage (, increase effective and retroactive to October 1, 2004. All bargaining unit members shall receive a two percent (2 %) across the board wage increase effective October 1, 2005. (M2291697;1) 15 P, All bargaining unit members shall receive a tree percent (3 %) across the board the wage increase effective and retroactive to October 1, 2006. Special Risk Pay shall remain at $40.00 per pay period for terra of this contract. ARTICLE 17 -PROMBITION AGAINST 1EOPFNING OF NEGOI'UTIONS Except as specifically provided herein, neither party hereto shall be permitted to reopen this Agreement or any part of this Agreement. TEs Agreement conta.ans the entire agreement of the parties on all natters relative to wages, hours, - working conditions, and all other matters which have been, or could have been negotiated by and between the parties prior to the execution of this Agreement. A_ RTICLE 28 UNIFORMS AND EQUIPMENT 1.. Employees covered by this Agreement shall receive from the City capon appointment, at no cost to the employee, a new uniform, which shall consist of the followviflng: (a) One (1) long sleeve shirt; (b) Five (5) short sleeve shirts; (c) Five (5) pan's of trousers; (d) One (1) hat; (e) Badge and name tag; (f) Leather goods and accessories -to include: but not be limited to: handcuffs and case, cartridge case, holster and hand held radio holder and (g) The appropriate quantity of shells; (h) One (1) jacket with zip -out lining; (i) Two (2) pairs police low quarter corfam shoes; (l) lgear; (k) Upon employee's request, two pairs of uniform shorts shall be issued. The above items shall be replaced as needed, by the City, within a reasonable amount of time from the employee's written regnaest. Such requests shall include the reason for replacement and is contingent upon approval of the Division Co ander via chain of command. 2. Employees who are required to wear non-issued clothing will receive a clothing allotment of $600 dollars annually. One -half (1/2) of said allotment will be paid on the pay day nearest the 15th of December of each year and the other one -half (1/2) will be paid on the pay day nearest the 15th of June of each year provided that the employee is employed on said day. 3. Uniformed employees covered wander this Agreement will receive a clothing allowance, of $300 dollars annually. One -half (1/2) of said allotment will be paid on the pay day nearest the 15th of December of each year and the other one -Half (1/2) will be paid on the pay day nearest the 15th. of June of each year provided that the employee is employed on said day. Any employee who receives a clothing/uniform allmArance in advance who terminates employment, except for retirement, will have a prorated portion of that allovvance deducted from the final. paycheck. No final paycheck will be given the terminated employee until all city- o -wne-d property such as uniforms and equipment, 1D, etc. has been returned to the City. N,2291697; I } 16 4. Each employee shall be provided with a bullet proof vest, as needed, in the sole discretion of the City. The wearing of the vest will be at the option of employees, except in the performance of specialized duties and/or. as specifically directed by the Department. 5. Each officer (upon request) will be issued a surgical gloves and a plastic pocket resuscitation mask for use in administering first aid. Such items shall be replaced as needed. 6. Employees may be allowed to carry personally -owned shot -guns and ammunition which conform to department standards once the employee is qualified for use in that weapon or an identical weapon by a certified range master. 7. All personnel who intend to carry personal semi - automatic weapons on duty are subject to the following conditions: 1) The officer must complete transitional training prior to obtaining approval to carry the firearm as provided for in Article 10.3 - TRAINING. 2) A request to carry the firearm shall be approved by the Chief of Police. 3) Firearm shall be inspected and approved by a department armorer. 4) Sworn personnel shall not modify authorized firearms. 5) Holster and ammunition clip holder shall be purchased (by employee) and approved by the Chief of Police. 6) The officer shall complete a training course pertaining to the new firearm. 7) The officer shall qualify with firearm. 8) Firearnes and magazines shall be carried with Department issue ammunition only. 9) The Department shall set forth the manufacturers and models approved for use. 8. Employees shall also be issued ASP'S with holsters and shall receive appropriate training for use of such ASP's prior to issuance. 9. Uniformed personnel shall be permitted to wear, as part of their uniform, a standard knife case, the finish of which matches the leather accessories issued by the City. The uniformed personnel shall not carry any knife on their person other than that which is contained in said case (the blade of which shall not exceed three inches in length). ARTICLE 29 pHySICAL E ATION AND WORKERS' COMPENSATION BENEFITS 1. Employees will receive an electrocardiogram, eye exam, and physical examination to include alcohol and drug screen testing at least once a year (12 months) performed by a physician selected by the City or when requested by the City. Scheduling of the above will be at the discretion of the City, and the results will become part of the employee's permanent record. The City will undertake the cost of the examination and will furnish the employee with a copy of the examination report. 2. Employees covered by this agreement further agree that, in the interest of public confidence, there needs to exist a management right to submit employees at random and without notification for drug and alcohol testing. Said tests shall be in addition to the annual physical and may occur not more than one time per employee each year. (M2291697;1)17 3. It is further understood and agreed that all issuaes pertaining to Drug and Alcohol Testing shall be governed by City of South Miami Drug and Alcohol Policy and Work Mules implemented on March 1, 2004. . ARTTCILE 30 RETu EWNT BENEFITS 1. Each bargaining unit employee who retires on length of service or Medical disability shall receive a one grade promotion and shall be issued a badge and identification`s card clearly marked "retired ". 2, l�argaa g unit employees shall be 100% vested in the retirement plan when completion of ten (10) years continuous full -time service in the retirement plan is completed. Accordingly, effective October 1, 1993, all bargaining unit employees in the retirement plan who have, as of October 1, 1993, between ten (10) and twenty (20) years of continuous service will be 100% vested. 3. Effective October 1, 2001, the employee contribution to the retirer�lent plan will be 7.5 %. Should the total contribution be actuarially determined to exceed 15 %, both the City and the employees will share equally the excess amount (e.g.. should the total contribution be actuarially determined to be 17 %, the City shall contribute a total of 8.5% and the employees shall contribute a total of 3.5 %). 4. Effective October 1, 2001, in accordance with the new provisions of State Statute governing Chapter 1 805 Funds, the sum of $12,498.00 va be paid from the Chapter 185 Police retirement funds to the South hIiami Police Pension Plan each year, regardless of the growth or diminution in future Chapter 185 founds in partial exchange for the 25 years of service and out benefit improvement to the pension plan. 5. The retirement plan is mandatory for all employees hired after October 1, 1995. 6. Final average compensation shall mean the participant's annual compensation, as determined by the employer, acting in a uniform and nondiscriminatory manner averaged over the last three (3) year period ending on the participant's retirement date, elate of disability, date of termination of employment, or date of termination of the plan, whichever is applicable. 7. The normal retirement date (the earliest date a bargaining unit employee may retire with full unreduced pension benefits) is the completion of 25 years of credited service or attainment of age 60 and completion of 10 years of credited service. 8. Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for active duty in the U. S. military service or prior sworn law enforcement service, up to a maximum of four (4) years in the South N arnni Retirement System, pursuant to procedures to be promulgated by the City in consultations with the PBA. 9. Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for immediate pa-st City service as a member of the bargaining unit up to a maximum of five (5) years in the South Tv iami retirement System pursuant to procedures to be promulgated by the City in consultation with the P13A. The actuarial and technical language is to be prepared by a certified company agreed to by the City and the PBA, and adopted by the Pension board. Any condition or impairment of health of any police officer caused by tuberculosis, hypertension, heart disease, or hma erring of the ar`tories, resulting in total disability or death, shall be presumed to be {3 12291697;1''1 18 accidental and suffered in the line of duty unless the contracy be shown by competent evidence. ARTICLE 31 EDUCATIONAL INCENTWE 1. The City agrees to bear the cost of tuition for specialized educational courses to better equip the officers for the performance of the particular job and/or position in which they are employed. 2. Every application for educational assistance shall be subject to the approval of the Chief of Police and the City Manager. Such approval must be obtained at least thirty (30) days prior to the beginning of any course. 3. If any application is approved, guidelines for reimbursement are as follows: a) 50% reimbursement of the course cost for a grade of "C" or better for undergraduate courses; b) 50% reimbursement of the course cost for a grade of "B" or better for graduate courses; 1. Any such reimbursement shall be made only upon submission of proof of the grades as provided in sub- sections a and b above; 2. The credit hour cost of any courses approved shall be capped at the rate used by local publicly funded universities and/or community colleges. 3. Employees utilizing educational assistance must remain with the City for a period of at least two years fallowing completion of any reimbursed course, or said .money must be repaid to the City (amount may be deducted Irom final pay). AR'T'ICLE 32 EMPLOYEE PRE GN_ANCY[.kLATERN1TY LEAWIF 1. An employee who becomes pregnant must notify the Chief of police as soon as she receives a medical confirr nation that she is pregnant. A pregnant employee is required to f it nish a letter from her physician which will state the anticipated delivery date, the amount of time the employee may continue to work until the delivery and the types and limitations of duty to be performed by the pregnant employee. At the recommendation of the employee's physician, the pregnant employee may, in the discretionn of the City, be placed on light dusty status vvith the approval of the Chief of Police or their designee and the City Manager. In the event that a light duty position is not available at the police station, the pregnant employee may be utilized in other City of South Miami offices at the discretion of the City Manager. The employee's rate of pay will remain the same. 2. Pregnant employees shall be granted disability leave on the same terms and conditions as granted for other anon - pregnancy- related disabilities. Any bargaining unit employee who becomes pregnant shall be entitled to unpaid maternity leave. Such maternity, leave shall be granted for a period of up to six (6) months. In the event that the pregnant employee has any accrued annual leave, sick leave or comp tine, she may use all or any part of the accrued leave at her request in lieu of unpaid leave. ARTICLE 33 EMPLOYEE ASSISTANCE PR®CRAIM The City and the PBA concur that an Employee Assistance Program (EAP) would be of great value in supporting the operations of the Police Department and to bolstering the f W1 291597;I ) 19 v elfare of the Depa_rtnnent's law enforcement personnel. T'berefere, it is agreed that the City Manager and the PBA emit representatives will meet, as needed, to develop an action plan to implement such a prop am that is responsive to the needs of the bargaining unit and is affordable to the City. AR'T'ICLE 34 ABGLIS=4 NT OR IMERGER 1. Whenever the abolishment or merger of the police department is contemplated, the Associations shsN b�e m—b mned of such plans in advance and be given an opporanity t® ne o ate on y° g the impact of such abolishment or merger proposal bapfln this zgieenaent. 2. The abolishment or merger negotiations shall include discussion of provisions for the placement of personnel in other departments or, in the alternative, severance benefits. ARTICLE 35 AMERICAIN7S VATH DISABILI'T'IES ACT Notwithstanding, any other provision of this Agreement, the PISA agrees that the City may take whatever actions may be necessary to comply with the Americans with Disabilities Act or the Florida Civil Rights Act to provide reasonable accommodation to individuals wide disabilities as required under those laws. To accomplish this, the City shall notify the PISA of the action it intends to tape to comply with the AIWA or the Florida CRA. if the FBA disagrees with the action contemplated by the City, the PISA sly immediately request negotiations with the City to resolve the issue and to determine, the parties' meta, 2- obligations to comply -with these laws. However, any contention or clam that the City violated any provision of the Americans with Disabilities Act or the Florida Civil Fdghts Act shall m exclusively resolved tbrougb available adm= 'strative or judicial remedies, and shall not be subject to the grievance procedure herein. {I,M91697;1 }20 ARTICLE 36 TERM OF AGREEMENT Except as provided herein, all provisions of this Agreement shall be effective upon ratification by the PBA and the City. This Agreement shall remain in full force and effect until and including September 30, 2007. Dade County Police Benevolent Associal By: ' J� Date: ATTEST: By: Rivera, President e County PBA City of Soutll Miami LO-M Datf ATTEST: By: {M2291697;1 }21 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI- DADE:• Before the undersigned authority personally appeared O. V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI NOTICE TO PUBLIC HEARING - JANUARY 17, 2006 in the XXXX Court, was published in said newspaper in the issues of 01/06/2006 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, r ate, commission or refund for the purpose of securing tors adverte I o publication in the said Swom to and subscribed before me this 06 d NUARY 2006 (SEAL) 40hpiles � Maria 1. Mesa Commission DD293855 O. V. FERBEYRE personally March aa, 2008 meeting scheduled forTuesday, January 17,-2006 beginning at 7 30p.m.= in the gity.Commisslon,Chambers 6130,8unset Dnve to oonslder he: following Items: AN ORDINANCE bF THE MAYOR AND CITY COMMISSION OFTHE CITY, OFSOUTH MIAMI, FLORIDA;:APPROVING AND AUTHORIZING THE CITY. MANAGER -TO EXECUTE A THREE NEAR 66LLiZCTIVEIJARGAINING AGREEMENT BETWEEN THE CITY, OF SOUTH MIAMI AND AMERICAN FEDERATION j sOF STATE, �OUNtY,ANb MUNICIPAL= EMPLOYEES AFL; CIO LOCAL`329'} (HEREINAFTER REFERRED. -TO AS =AFSCME, PROVIDING FOR SEVERABILITY, _PROVIDING J FOR ORDINANCES IN CONFLICT; ANDcP,ROVIDING AN EFFECTIVE DATE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY.OF,SOUT' H MIAMI, FLORIDA; APPROVING AND ;, -Ay I nvHIL lrvh .i "M U I Y NIANAULK 1 U tXtGU I, t A a HHLE. .YEAR COLLECTIVE BARGAINING, AGREEMENT BETWEEN : r -THE :;MIAMI -BADE COUNTY "POLICE :'BENEVOLENT. = -, 'i _-.ASSOCIATION =,AND :THE, :CITY OF ;SOUTH, . _MIAMI; PROVIDING - FOR SEVERABILITY "`PROVIDING FOR` ORDINANCES ' IN CONFLICT 'AND PROVIDING AN .:EFFECTIVE DATE.: AN ORDINANCE OF- THE MAYOR AND CITY COMMISSION �.OF THE CITY OFSOUTH MIAMI, FLORIDA, APPROVING AND'= t AUTHORIZING THE CITY MANAGER TO EXECUTE.A THREE YEAR COLLECTIVE BARGAINING AGREEMENT.BETWEEN `: THE :MIAMI -DADS COUNTY :.POLICE > ' BENEVOLENT ASSOCIATION .SUPERVISORY UNIT (LIEUTENANTS AND ,,:CAPTAINS) AND :THE.-CITY-OF SOUTH MIAMI; PROVIDING FOR SEVERABILITY ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE _ AN ORDINANCE OF THE MAYOR AND 61 ;< OF THE .07Y OF, SOUTH MIAMI; FLORIDA; °RELATING TOTI CONTRACTS, "APPROVING A -:.`LEASE == AGREEMENT BETWEEN- THE CITY AND THE SOUTH MIAMI CHILDREN S o :CLINIC FOR THE .LEASE OF THE PHASE I BUILDING AT7::, -MORRAY -:PARK LOCATED 6701 SW 58th PLACE,' +SOUTH MIAMI FLORIDA;. PROVIDING ` : FOR ' SEVERAMUTY _, ORDINANCES W CONFLICT, AND AN EFFECTIVE DATE. Above items can be Inspected in" the City Clerk s Office Monday Fn day during regular office hours = If you have any inquiries on the above items please confect the Clerk's office office at: 305 - 663 -6340 ALL interested parties are Invited to attend and will be heard W. s = Maria M. Menendez, CMC , City Clerk;; , o Pursuant to Florida Statutes 286.0105 the City hereby advises the public' that if a person decides to appeal any decision '•made by this Board, Agency or Commission with.. respect to'any matter considered at ifs meeting or :hearing, he .or she will need a record of the proceedings; 'and that for such purpose, affected person may need to ensure that awerbatim .record . of the proceedings is made which record includes the testimony, and evidence upon which the appeal is to be based: =" .1 /6 : _06-3- 28/625425M,