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19To: Via: From: Date: Subject: South Miami CITY OF SOUTH MIAMI bed OFFICE OF THE CITY MANAGER iijir INTER-OFFICE MEMORANDUM 2001 The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager LaTasha Nickle, Human Resources Director Agenda Item No.: 19 October I I, 2013 Contract between the City of South Miami and Miami-Dade County Police Benevolent Association (Officers and Sergeants). A Resolution Approving and Authorizing The City Manager To Execute An Amendment to the 20 I 0-20 13 Agreement Between The Miami-Dade County Police Benevolent Association Collective Bargaining Union (Officers and Sergeants) And The City of South Miami. Background: The previously approved Collective Bargaining Agreement for fiscal years 20 I 0 through 2013 between the Miami-Dade County Police Benevolent Association Officers and Sergeants contained a re-opener clause. The terms of the re-opener specifically provided as follows: "No Merit increases will be provided under this Agreement. However, on July I, 2012 when the City receives Form DR 420 from the Miami- Dade County Property Appraiser's Office, if the "current gross taxable value for operating purposes" is greater than the amount of the previous year's value, negotiations under this Agreement may be re- opened solely to discuss the possibility of reinstituting Merit increases for the following fiscal year." (emphasis added) During the negotiations of the re-opener, the PBA rejected a proposed two percent pay raise across the board and retroactive to October I, 2012; rejected a proposed five percent merit raise and waived further discussion concerning the re-instatement of the merit increases specifically provided for in the Agreement. Instead, the parties ultimately negotiated and agreed to a five percent across the board increase for all bargaining unit members. Wages: Request: The monetary benefit provided by the Agreement and the associated costs are set forth below. Benefit Description 5% across the board wage increase retroactive to 101 1/12 TOTAL Amount over the I-Year Period FY 13 147,809 147,809 Below is a detailed breakdown related to the wage increase being proposed. 5% INCREASE 1210 Salaries 114,042 1510 Incentive 0 1530 Hazard 0 2110 FICA 8,724 2210 Pension 20,242 2410 WIC 4,801 ' ,.,.,," . TotalPet:sonnel Cost .147,809 The above stated amount of $147,809 will be carried forward into all future fiscal years beginning with FY 2014, increasing the Police Department's overall personnel cost. NOTE: The above calculation is an estimate and can change depending on the timing of certain events, new actuarial impact projections provided by the pension actuary and any tax changes which occur at the federal level. The City Manager recommends approving the amended agreement between the Miami- Dade County Police Benevolent Association (Officers and Sergeants) Collective Bargaining Union and the City of South Miami to include the negotiated 5% across the board salary increase for Fiscal Year 2013. Backup Documentation: o Proposed resolution. o Letter from attorney confirming ratification. o Contract Amendment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION NO.: ______ _ A Resolution Approving and Authorizing The City Manager To Execute An Amendment to the 2010-2013 Agreement Between The Miami-Dade County Police Benevolent Association Collective Bargaining Union (Officers and Sergeants) And The City Of South Miami. 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 (Police Officers and Sergeants) of South Miami Police Department, is an integral component of this effort; and WHEREAS, the City Administration and the PBA have successfully concluded negotiations for an amendment to the 2010 -2013 Collective Bargaining Agreement which achieves these objectives; and WHEREAS, the PBA has ratified the proposed amended Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: The Mayor & City Commission approves the Amendment to the Contract for Fiscal Years 2010-2013 between the Miami-Dade County Police Benevolent Association and the City of South Miami, and authorizes the City Manager to execute the agreement. Section 2: If any section clause, sentence, or phrase of this resolution is for any reason held jnvalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 3: The attached exhibit is incorporated by reference into this resolution. PASSED AND ADOPTED this __ day of ____ , 2013. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM LANGUAGE, EXECUTION AND LEGALITY: CITY ATTORNEY Approved: MAYOR Commission Vote: Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman: Commissioner Welsh: Commissioner Harris: l~w (J//u°C£,1 0/ J/e:mireJ. Ii Casef. J!J!? 2701 PONCE DE I..EON BOULEVARD DONAI..D D. SLESNICK II CE;R'flf'fED IN LABOR 6< ~MPl-OYM£NT l.AW CERTlFIE:O CIRCUIT COURl MEDIATOR donslesnick@scUp.com Steven J. Alexander, City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 SUITE 200 FAX (305) 448··5685 TEL (305) 448-6672 October 7,2013 Re: South Miami Rank & File Contract Re~Opener Ratification Dear Mr. Alexander: ..JAMES C. CASEY FLORIDA SUPREME COUr-li Cf!;RiWfE:O CIRCUl, COURT MEDIATOR jimcasey@scllp.com Via E-mail This letter is to formally inform you that the 2012~2013 Collective Bargaining Agreement Re- opener between the City of South Miami and the South Miami Police Rank. & File Bargaining Unit was ratified on Monday, October 7, 2013. The ratified contract contained the following new language and benefits: Wages: 5% across the board wage increase retroactive to 10/1/12 Please advise on whether your staff will be producing a clean copy of the contract and please have your staff place this matter 011 the next City Commission Agenda for their approval. Thank you for your attention to this letter. Sincerely, CJ:allV:J f tL-; ~James C. Casey ,.f ,t/ / JCC/ep cc: Cristina Escobar, PBA Attorney (via e-mail) Thomas F. Pepe, City Attorney PBA Representatives ADDENDUM TO AGREEMENT BETWEEN CITY OF SOUTH MIAMI AND DADE COUNTY POLICE BENEVOLENT ASSOCIATION POLICE OFFICERS AND SERGEANTS OCTOBER 1, 2010 -SEPTEMBER 30, 2013 RETROACTIVE AMENDMENT NEGOTIATED ON SEPTEMBER 13, 2013 The parties to this Addendum to the POLICE OFFICERS AND SERGEANTS OCTOBER 1,2010 -SEPTEMBER 30,2013 Collective Bargaining Agreement hereby agree to amend Article 28 COMPENSATION to read as follows: ARTICLE 28 COMPENSATION Employees covered by this Agreement shall receive a one (1 )-time bonus equivalent to 2% of their base salary in FY 2011 which will not be subject to pension final average calculation andlor contributions. Retroactive to October 1, 2012, the employees covered by this agreement shall receive a five (5%) percent "across the board" raise. Commencing with the ratification of this AgreemenCSpecial Risk Pay shall be $50.00 per pay period for term of this contract. 1. Bargaining unit employees who serve as Field Training officers pursuant to the criteria below will receive a seven percent (7%) of the base hourly rate supplement during the time that the employee performs FTO duties. In order to receive the FTO supplement, the employee must: (1) secure an FTO certificate from the State of Florida, and (2) be assigned to and actually perform FTO duties. Thus, employees will receive FTO pay only during those days in which the employee is at work, is assigned to FTO duties and performs FTO duties. The seven percent (7%) FTO supplement will be added to the employee's base pay for the days during which the employee receives such supplement. 2. Bargaining unit employees covered by this Agreement who are temporarily assigned to a higher rank shall receive seven percent (7%) of his/her base hourly rate as a supplementJor each full day worked in the higher rank. 3. Longevity pay shall be calculated based on the hourly rate of each bargaining unit employee. 4. Commencing with the ratification of this Agreement, police officers assigned to uniform patrol who are covered under this Agreement and are assigned to afternoon or midnight shifts shall receive a shift differential pay of $0.35 (afternoon shift) or $0.50 (midnight shift). Sergeants assigned to uniform patrol who are covered under this agreement and are assigned to afternoon or midnight shifts shall receive a shift differential pay of $0.45 (afternoon shift) or $0.60 (midnight shift). The shift differential, for overtime and pension calculation, is not tied to the base. Hours must be actually worked in order to receive the differential pay. 5. Commencing with the ratification of this Agreement police officers and sergeants covered under this agreement who are assigned to the following specialized units shall receive an assignment pay of $0.50 per hour actually worked. The assignment pay is not tied to the base for overtime and pension calculation. a. Motors b. G.LU. c. S.LU. d. K-9 6. No Merit increases will be provided under this Agreement. However, on July 1, 2012 when the City receives Form DR 420 from the Miami-Dade County Property Appraiser's Office, if the "current gross taxable value for operating purposes" is greater than the amount of the previous year's value, negotiations under this Agreement may be re-opened solely to discuss the possibility of reinstituting Merit increases for the following fiscal year. ATTESTED: Signature: _________ _ Maria Menendez City Clerk CITY OF SOUTH MIAMI By: ____________________ __ Steven Alexander City Manager Read and Approved as to Form, Language, Legality and Execution Thereof: Signature: ___________ _ City Attorney Miami-Dade County Police Benevolent Association: By: ----------------------------------Date: --------------, President By: -----------------------------------Date: James C. Casey, Esq., PBA Attorney 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 MARIA MESA, who on oath says that he or she is the LEGAL CLERK, 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 PUBLIC HEARING -NOVEMBER 5, 2013 in the XXX X Court, was published in said newspaper in the issues of 10/25/2013 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 promi d any person, firm or corporation any discount, reb ,0mmlSSlon refund for the purpose of se . g thi advertl ent for p blication in the said spaper. (SEAL) MARIA MESA personally known to me l~\j;~:f;:~~ B. THOMAS ~{ -i Co~miSSion # DD 937532 ~;:.. ExpIres November 2,2013 ~ Thtu Troy F&ln l~eoo.385-7019 MiamiHerald.com I MIAMI HERALD Target your message •..... Reach your customers~ Grow your business. NEIGHBORS CALENDAR The Miami Herald Media Company has a wide array of products and services, in print and online, in English and Spanish. We're your complete source for cost-effective waysto market your local business. .., 14601 Country Walk Drive Miami, F133186 FREE ADMISSION! Come & Enjoy: Music, Arts, Crafts, ~. Unique One-Of-A-Kind Items & Gifts, -'" Home Decor, Handmade Jewelry, ":/ Food Trucks, Sweet Treats, Gift Ideas For The Holidays And Much More ... Fun Zone For Kids -$4.00 Each For All Pass Page: NabesSE_2S, l:'I'Iitinno 1ct • CALENDAR, FROM 35SE description field. Please put those elements In the fields provided. If you have questions, you can email Sue Mullin at smul- IIn<code_dp>@MI- aml<code_dp>Herald<code_dp- >.com. Please put "Calendar ques- tion" In the subject line. Or call Sue at 305-376-3430. FAIRS & FESTIVALS Bayside Marketplace Howl-O-Ween: Families and their furry friends invited to annual event with sweet treats, parades and costume contests. 4 p.m. Oct. 31. Bayside Market- place, 401 Biscayne Blvd .. Downtown Miami. Free. 305-577-3344. Brickell Flatiron Park Farmer's Market: Features organic produce, spices, granola, gluten-free pasta, ceviche, guacamole, stone crabs, Colombian baked goods, tropical fruit smoothies, local honey, artisanal French breadowers, Greek salads and gyros, olive oil, handmade soaps .. 9 a.m. Nov. 1. Brickell Flatiron Park, 1101 S. Miami Ave .. Brickell. Free. 305-531-0038. Candyland and OJs Cocodrllls on Halloween: Use promocode Ifsug~ arfreak u at website to save on tickets. CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, November 5, 2013, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): ( .. A Resolution approving and authorizing the City Manager to execute\ an amended 2010-2013 agreement between the Miami-Dade County Police Benevolent Association Collective Bargaining Union (Officers and Sergeants) and the City Of South Miami. A Resolution approving and authorizing the City Manager to execute a three year (October 1, 2012 -September 30, 2015) Agreement between the Miami·Dade County Police Benevolent Association Collective Bargaining Union (Lieutenants & Captains) and the City Of South Miami. An Ordinance amending Section 8A-l, Subsection I of the City of South Miami's Code of Ordinances to facilitate retention of design professionals and to avoid conflicts on volunteer review boards. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Clerk 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 its 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 a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. Pub. date: Sunday, October 27 C:o,..tinn '7nno. n'::uJ.t'l.C:1:' 10 p.m. Oct. 31. Fifty Ultra Lounge, 485 Brickell Ave., Brickell. $30-40. No cover if on Rick C's Iist.Use promocode Ifsugarfreak" at website to save on tickets. 786-273-7401. www.CQcodrills.com. Edible Garden Festival: Part of Miami's first Local Food Week. Features info on how to start an edible garden, Pumpkin Patch, Scarecrow Competition, farmer's market, Fall Beer Garden and Earth Learning's mobile kitchen cooking demos .. 9:30 a.m. Oct. 27. Fairchild Tropical Botanic Garden, 10901 Old Cutier Rd., Coral Gables. $25; $18 seniors 65+; $12 kids 6-17; free for members and kids 5 and under. 305-667-1651. www.fairchildgarden,org/events/ Edible-Garden-Festival!. Fall Frenzy: Held at all campuses, kids of all ages are invited to wear their costumes and join in the candy-fueled fun, complete with pumpkins, popcorn, games and a cool fall photo booth. Times and locations at website. 9 a.m. Oct. 27. Christ Fellowship at Palmetto Bay, 8900 SW 168th St., Palmetto Bay. Free. 305-238-1818. cfmiami.org. Fire and Ice Halloween Costume Party: First annual event features complementary sips and bites from 8-10 p.m.and live and spooky nter- tainment all night long. 7 p.m. Oct. 31. Porcao Grill. 910 S. Miami Ave., Brickell. Free. Halloween Celebration-Mall of the Americas: Kids Club at 4 p.m. for ages 10 and under with the friendly, bilingual Witch Gigi. At 5 p.m., it's music and prizes for all ages with Mix 98.3 FM, including trip prizes plus Karla Bakery hands out Hallow- een cupcakes. Trick or treat begins at 6 pm. Costumes encouraged, but masks are prohibited inside the mall .. 4 p.m. Oct. 31. Mall of the Amer- icas, 7795 W. Flagler St.,. Free. 305-261-8772. Halloween Festival of Freaks with Suenalo: Blackbird Odyssey with Suenalo live and DJs Contra and Sharpsound. Features cocktails, intergalactic photobooth and danc- ing under the stars. Dress to impress: $100 prize for best costume. 21+. 10 p.m. Oct. 31. Blackbird Ordinary, 729 SW First Ave., Brickell. No cover. 305·671-3307 for reservations. www.facebook.com/events/ 165176547010856/. Halloween Monster Dance Party: Features fiesta, pachanga and gozadera plus raffles for dance class packages, studio shirts and au~ tographed works by Amaury Gutier- rez. Also, the group Folcklorico "SIKAN" de OAF Studio performs two choreographed dances .. 8 p.m. Oct. 30. DAF Studio, 1501 • TURN TO CALENDAR, 43SE IOlm~ LEARNING IMPROVE YOUR CHILD'S LETTER GRADE BEFORE THE NEXT REPORT CARD! INDIVIDUALIZED TUTORING PROGRAM CLOSE YOUR CHILD'S LEARNING GAP IN READING ANDIOR MATH I~ Available face-to-face or online Call to set up a FREE consultation: 3€JS.~'.Z3.8999 last user: paulsteszewski I -=act ,..h~nno ~t· 1Q·A7·t:7 n,..tnhor ,E;.