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20To: Via: From: Date: Subject: South Miami CITY OF SOUTH MIAMI hOd OFFICE OF THE CITY MANAGER imp 2001 INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager LaTasha Nickle, Human Resources Director October 28, 20 I 3 Agenda Item No.: Contract between the City of South Miami and Miami-Dade County Police Benevolent Association (Lieutenants & Captains). A Resolution Approving and Authorizing The City Manager To Execute A 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. Request: To approve a three year agreement between the Miami-Dade County Police Benevolent Association (Lieutenants & Captains) Collective Bargaining Union and the City of South Miami. Background: This Agreement covers the four Police Lieutenants of the City of South Miami Police Department. The negotiation sessions were very productive and the parties were able to reach an Agreement on the terms and conditions of a three-year Collective Bargaining Agreement; effective October I, 2012 through September 30, 2015. The major highlights and monetary benefit provided by the Agreement and the associated costs are set forth below. Article 12 Holidays Employees covered by the Agreement will receive two floating holidays each year, which will accrue on their employment anniversary date. . For the current fiscal year, each covered employee shall receive one additional floating holiday to be taken within six months of the execution of this Agreement. This provision gives the bargaining unit parity with other City of South Miami employees. Article 26 Compensation Employees covered by this Agreement will receive a 5% across the board salary adjustment. This provision brings this Bargaining Unity into parity with the proposed adjustment for the Officers and Sergeants Unit. In addition, Bargaining Unit members below step 6 on the City's compensation plan are eligible for a merit increase of 5% upon satisfactory performance within the discretion of the Police Chief. Special risk pay is increased from $40 per pay period to $60 per pay period. A newly created command staff incentive pay is awarded which provides $60 per pay period to covered employees. Article 28 Uniforms and Equipment Employees covered under this Agreement will receive an increase in clothing allowance. Non- uniformed personnel will receive and increase from $600 annually to $700 annually. Uniformed personnel will receive an increase from $300 annually to $400 annually. Wages: Merit Increases: Special Risk Pay: Command Staff Pay: Floating Holidays: Uniform Allowance: Employees covered under this Agreement will receive an increase in clothing allowance. Non- uniformed personnel will receive and increase from $600 annually to $700 annually. Uniformed personnel will receive an increase from $300 annually to $400 annually. 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 10/1/12 Reinstated for all eligible employees on 101 I 120 13 Increase by $10 per pay period retroactive to 10/1/12 $60 per pay period retroactive to 101 I 120 12 Two floating holidays per year effective 101 I 12013. Plus an additional floating holiday (from FY 13) to be taken within 6-months of Commission approval of contract. Increase clothing allowance by $100 per year TOTAL Amount over the 3-Year Period FY 13 24,210 1,040 6,240 400 31,890 FY 14 FY IS 24,210 24,210 7,640 7,640 1,040 1,040 6,240 6,240 2,956 1,478 400 400 42,486 41,008 115,384 Please NOTE: The above calculations are 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. Backup Documentation: o Proposed resolution. o Letter from attorney confirming ratification. o Proposed Collective Bargaining Agreement Fiscal Years 2012 through 2015 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 RESOLUTION NO.: A Resolution approving and authorizing the City Manager to execute a three (3) 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. 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 Lieutenants of the South Miami Police Department, is an integral component of this effort; and WHEREAS, the City does not have any employees with the rank of Captain; and WHEREAS, the City Administration and the PBA have successfully concluded negotiations on a new three (3) year contract for fiscal years 2013 -2015 which achieves these objectives; and WHEREAS, the PBA has ratified the proposed 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 "Lieutenants and Captains" Collective Bargaining Agreement for Fiscal Years 2013-2015 between the Miami-Dade County Police Benevolent Association and the City of South Miami, and authorizes the City Manager to execute the agreement, which is attached to this resolution. 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 ofthe 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: J!!/11QJJJ O/lCI/!,'$ 0/ ciles1miei /l CUter' j'j'P DONALD D. S!..ESNICK II CERTtFIED IN L.ABOR & EMPLOYMENT LAW CERTIFIED CIRCUIT COURT MEDIATOR donslesnick@scllp.com 2701 PONCE DE LEON BOULEVARD SUITE: 200 TEL (305) 448-05<572 October 7,2013 JAMES C. CASE:Y Ft..O~IOA 5UPRE:MI::.: COURT CERl'If"lED CIRCUli COURT MEDIATOR jimcasey@scllp.com Steven J. Alexander, City Manager City of South Miami Via E-mail 6130 Sunset Drive South Miami, FL 33143 Re: South Miami Lieutenant's Contract Ratification Dear Mr. Alexander: This letter is to formally inform you that the 2012-2015 Collective Bargaining Agreement between the City of South Miami and the South Miami Police Lieutenant's Bargaining Unit was ratified on Thursday, October 3, 2013. The ratified contract contained the following new language and benefits: Wages: Merit Increases: Contract Reopener: Special Risk Pay: Command Staff Pay: Floating Holidays: Uniform Allowance: 5% across the board wage increase retroactive to 1011112 Reinstated for all eligible employees on 1011113 Reopener as of 7/1114 regarding cost of living, merits, longevity and one non-economic item Increase by $10 per pay period retroactive to 1011112 $60 per pay period retroactive to 1011/12 Two floating holidays per year effective 10/1/13. Plus an additional floating holiday (from 2012) to be taken within 6 months of Commission approval of contract. All Bargaining unit employees increase clothing allowance by $100 per year Steven J. Alexander, City Manager City of South Miami October 7, 2013 Page Two Please advise on whether your staff will be producing a clean copy of the contract and please have your staff place this matter on the next City Commission Agenda for their approval. Thank you for your attention to this letter. Sincerely, .TCCtep cc: Cristina Escobar, PBA Attorney (via e-mail) Thomas F. Pepe, City Attorney PBA Representatives AGREEMENT BETWEEN CITY OF SOUTH MIAMI AND DADE COUNTY POLICE BENEVOLENT ASSOCIATION LIEUTENANTS AND CAPTAINS 2012-2015 PREAMBLE This Agreement is entered into by the City of South Miami, Florida, hereinafter referred to as the "Employer" or the "City" and the Dade 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 might arise and to set forth the basic and full agreement between the parties concerning rates of pay, wages, hours of work and all other conditions of employment. DECLARATION OF EMERGENCIES Should the Governor of the State of Florida and/or Mayor of Miami-Dade County declare an , emergency, an employee covered by this Agreement who is assigned to work outside his normally assigned hours shall be compensated at the rate of time and one-half the employee's hourly rate of pay for such hours actually worked outside their normally assigned hours during the aforesaid declared emergency. The Association and each individual employee within the bargaining unit understand and agree that they are exempt employees within the meaning of the Fair Labor Standards Act and that any such payments received pursuant to this Article shall not affect their exempt status under the Fair Labors Standards Act. Moreover, the Association and each individual employee understands and agrees that they are not entitled to overtime payments of any kind other than as described above. ARTICLE 1. RECOGNITION The Employer hereby recognizes the Dade County Police Benevolent Association as the collective bargaining agent for all permanent full-time sworn police personnel of the rank of Police Lieutenant and Police Captain, but excluding all other employees of the City of South Miami, including the Chief of Police, Assistant Chief of Police, Police Major, Police Sergeant and Police Officer. ARTICLE 2. NON-DISCRIMINATION 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 references 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. 'DUES CHECK-OFF 1. Any member of the Association, who has submitted a properly executed dues authorization card or written statement to the City Manager or their designee in accordance with a format prescribed or approved by the City may, by request in writing have their membership dues in the Association deducted from their wages. 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 harmless for non-intentional errors in the administration 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 City be required to deduct Association fines, penalties, or assessments from the wages of any member. 3. Any member of the Association may, on thirty (30) days written notice to the City and the Association, request the City to cease deducting dues from their wages. ARTICLE 4. ASSOCIATION REPRESENTATIVES 1. One member of the Association shall be allowed to attend bargaining sessions for the purpose of renegotiating this Agreement without loss of pay, should the meeting take place while the member is on duty, if approved in advance by the Chief of Police. Should the member be off duty during 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 loss 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 anyone grievance. It is understood and agreed, however, that the foregoing is subject to the manpower needs of the Department at all times. 3. The Association Representative shall be allowed to attend the Dade County PBA Board of Directors meeting once a month without loss of payor leave time, should the meeting take place while the Association Representative is on duty. ARTICLE 5. SERVICES TO THE ASSOCIATION 1. The City will furnish the Association a copy of the Police Department's Rules and Regulations. 2. The City will allow the Association and its representatives reasonable access to the City Commission Chambers for the conducting of Association business when such facility is not in normal use, upon (5) days written request therefore to the City Manager or their designee. 3. The City will provide a mailbox for each employee for use by the City and the Association to distribute mail and other communications. The aforesaid mailboxes may be used by the Association strictly for the purpose of transmitting material of an informational nature, and shall not be used for the purpose of communicating material tending to, directly or indirectly, disparage any elected 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 current pay scale. ARTICLE 6. PERSONNEL RECORDS 1. Employees covered by this Agreement shall have the right to inspect their official personnel file and/or their closed Internal Affairs file during normal business hours and shall not be compensated should said inspection occur outside employee's regular duty hours. 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 official 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 command not more than ten business days following the day of receipt by the employee. Written responses shall strictly parallel the disparaging item(s) of concern. 3. To the extent permitted by law, all personnel records of the-employees shall be kept confidential and shall not be released to any person except: authorized officials of the 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. S. 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 INVESTIGATION 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 supervisory 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 anyone 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. e. Any employee under investigation shall be informed of the right to be represented by counselor 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 law enforcement services. f. The formal 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. 1. An employee under investigation may obtain a copy of any written statement he has executed. J. The employee shall not be subjected to any offensive language, nor shall he be threatened with transfer, dismissal, or other disciplinary measures. No promise ~f 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. 1. 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, DUI, lewd and lascivious conduct, indecent exposure or perjury may, upon review of the circumstances by the Chief of Police, be relieved of duty without pay or benefits. If exonerated, 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 Employee 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. o. Not sustained or unfounded letters of complaint from citizens will not be inserted into an officer's official personnel record. p. The charge of "conduct unbecoming" and all similarly vague charges will not be used by the City unless further substantiated by specific charges. q. Should disciplinary action result from an internal investigation, an employee may, at the option of the Chief of Police, be allowed to use vacation time to satisfy a suspension which is for five (5) days or less however the exercising of such option will waive the right to otherwise appeal the discipline. ARTICLE 8. VEHICLES AND SAFETY EQUIPMENT 1. The City will 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 motor vehicle safety equipment. Employees will as soon as possible report any broken andlor 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 maintenance. 2. Effective October 1, 2009, a. Employees who are provided a take-home vehicle who reside within Miami-Dade County will not be charged a use fee. b. Employees who are provided a take-home vehicle who reside between the southern City limit line of Key Largo and the southern Miami-Dade County line will be charged a use fee of seventy-five dollars ($75.00) monthly. c. Employees who are provided a take-home vehicle who reside south of the southern City limit line of Key Largo will be charged a use fee of one-hundred fifty dollars ($150.00) monthly. d. Employees who are provided a take-home vehicle who reside in Broward County will be charged a use fee of seventy-five dollars ($75.00) monthly. e. Employees who are provided a take-home vehicle who reside north of the northern Broward County line will be charged a use fee of one hundred fifty dollars ($150.00) monthly. f. Employees employed prior to October 1, 2009, will not be charged pursuant to the above schedule. g. Any employee, including these employed prior to October 1, 2009, will be subject to the applicable use fee as outlined above should they move within one of the geographical areas requiring a use fee. ARTICLE 9. PROMOTIONS, REMOVAL AND SENIORITY 1. Employees in the ranks of Lieutenant and Captain serve at the will and pleasure of the Chief of Police. Accordingly, promotions to and removal of employees from the ranks of 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 rank and will be credited with the seniority accrued as a Lieutenant or Captain ARTICLE 10. TRAINING 1. The City will provide each employee a copy of training bulletins. Additionally, the City will 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, Miami 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 under paragraph 10.2. 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. ARTICLE 11. GRIEVANCE AND ARBITRATION PROCEDURE 1. In a mutual effort to provide a harmonious working relationship between the parties to this Agreement, it is agreed 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 steps of this Article, their grievance shall be considered conclusively abandoned. Any grievance not answered by management within the prescribed time limits shall automatically advance to the next higher step. 3. Grievances shall be presented in the following manner: ~ STEP 1: The employee shall first take up their grievance with the Chief of Police within seven (7) calendar days of the occurrence of the event(s) which gave rise to the grievance, or within seven (7) calendar days after the employee's return to work from authorized leave, as the case may be. The grievance shall be reduced to writing and shall be discussed by and between the employee (or the representative of the Association and the employee) and the Chief of Police within ten (10) calendar days of the presentation of the grievance. The Chief of Police, shall within ten (10) working days after such discussion (or such longer period of time as is mutually agreed upon), render his decision in writing, with the copy to the Association. ~ STEP 2: In the event the employee is not satisfied with 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 must 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 Police's decision be reversed or modified. The City Manager shall, within fifteen (15) working days of the appeal (or some longer period of time as is mutually agreed upon) render a decision in writing with a copy to the Association. 4. Where a grievance involves discharge, suspension or disciplinary demotion invoked by the City, such grievance shall be filed at Step 2 within ten (10) calendar days 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 within fifteen (15) calendar days after the City Manager renders a written decision on the grievance. 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 furnish a panel of nine (9) names from which each party shall have the option of striking four (4) names in alternating fashion, thus leaving the ninth, which will give a neutral or impartial arbitrator. The party requesting arbitration will strike the first name. Either party may reject up to two (2) arbitration panels in any given case. 6. The City and employee (or the Association) shall mutually agree in writing as to the statement of the grievance to be arbitrated prior to the arbitration hearing, and the arbitrator, thereafter, shall confine 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, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or amendment thereto. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or which is not a grievance as defined in this Agreement. nor shall this collective bargaining agreement be construed by the arbitrator to supersede applicable laws in existence at the time of signing of this Agreement, except to the extent as specifically provided herein. 7. Each party shall bear the expense of its own 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 room, 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 under 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 final and binding on the parties. ARTICLE 12. HOLIDAYS 1. The below-listed paid holidays shall be 1) January 1 2) 3rd Monday of January 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 9) Friday after Thanksgiving day 10) December 24 11) December 25 12) Birthday 13) Two (2) Floating Holiday One time additional Floating Holiday must be taken within 6 months of approval of CBA by City Commission. granted under the following conditions: New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Christmas Eve Christmas Day After 1 year continuous service After I year continuous service and retroactive to October 1, 2012 2. Where observance of these holidays may interfere with the work schedule, such observance on an alternate date may be made at the department head's discretion, with the approval of the City Manager. If an employee is required to work on a holiday, the employee shall have the right to take an otherwise regular 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. ARTICLE 13. SICK LEAVE 1. Sick leave 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 from a service-connected injury or accident, but only after 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 immediate family that requires the employee to care for that immediate family member. 2. Employees shall be credited with one (1) day of sick leave at the end of each month during the year. 3. Sick leave may be taken only to the extent that it is accrued. No advance sick leave shall be granted except in an emergency and upon approval of the City Manager. 4. Current employees will be eligible to receive the sick leave payout, with the existing cap of 600 hours, for the term 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" maximum 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 288 hours to vacation leave. An employee who uses 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 accrued 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 vacation. 7. An employee whose service with 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 connection with 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 duty because of their disability, the evidence of which shall be supported by an acceptable medical certificate. 8. 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 other licensed medical practitioner treating the 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 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 entry 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 wage 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 term "Vacation Leave" shall be used to designate leave with pay granted to an employee on the following prorated basis: Years of Uninterrupted Service ~ 1 to 5 years inclusive ~ 6 to 14 years inclusive ~ 15 to 19 years inclusive ~ 20 years and over Amount of Vacation 2-2/5 weeks or 12 working days* 3 weeks or 15 working days 3-3/5 weeks or 18 working days 4-115 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 accumulated. b) Earned vacation time is principally intended for use during the year in which it is earned. Under 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 written 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 ofthe 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 City's Payroll Department at least two (2) weeks prior to starting their vacation. Must be pre-approved 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-DUTY POLICE EMPLOYMENT 1. Police Officers authorized by the Chief of Police to perform extra-duty police employment shall charge in accordance with the Miami-Dade Police Department's extra duty rate table. 2. Any employee who may injured while 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 members of the collective bargaining unit (selected by the PBA), staff and management of the police department. ARTICLE 18. INSURANCE BENEFITS The City agrees to pay for HMO health insurance for all employees covered by this agreement. Employees wanting the optional POS or PPO health insurance 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. MANAGEMENT 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 way oflimitation, 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 criteria and standards for employment. c. Promote and/or remove employees from the ranks of Division Commander, Lieutenant and Captain for non-disciplinary reasons within the sole discretion of the Chief of Police. d. Terminate or otherwise discipline employees for just cause. e. Promote and determine the qualifications of employees. f. Layoff and/or relieve employees from duty due to lack 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. 1. Merge, consolidate, expand, curtail or discontinue temporarily or permanently, in whole or in part, operations whenever in the sole discretion of the City good business judgment makes 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. o. 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. 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 procedure, 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, rules 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, powers, 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 anyone or more of the above functions from time to time, this will not be deemed a waiver of the City'S right to exercise any or all of such functions. ARTICLE 20. WORK STOPPAGES 1. The Association agrees that, under no circumstances, shall there be any work stoppage, strike, sympathy strike, safety strike, jurisdictional dispute, walkout, sit-down stay-in, sick-out or any other concerted failure or refusal to perform assigned work for any reason whatsoever, or picketing in the furtherance 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 discipline 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 community responsibility. Accordingly, it is understood and 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 jurisdiction. 4. For the purpose of this Article, it is agreed that the Association 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 law, 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 agreement, withdraw recognition from the Association, and cease dues deductions. ARTICLE 21. AWARDS The City will endeavor to provide a formal system of awards for 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 posted conspicuously in the Police Station and City Hall. Additionally, formal recognition of employee's exceptional service shall be placed in personnel files. ARTICLE 22. MILITARY LEAVE The City shall abide by any and all statutory rights employees who are also members of the United States military are entitled to. ARTICLE 23. AUTHORIZED USE OF PRIVATE AUTOMOBILE Any employee authorized to use their 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. Mileage 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 The City shall 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. SEVERABILITY CLAUSE Should any provision of this Agreement or any part thereof, be rendered or declared invalid by reason of any existing or subsequently enacted state or federal legislation, or by any decree of a court of competent jurisdiction, all other articles and sections of this Agreement shall remain in full 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 ramifications of such action of this Agreement. ARTICLE 26. COMPENSATION L. Employees covered by this agreement shall receive no across the board (COLA) increase for FY 09/10. a five (5) per cent increase retroactive to October 1, 2012. 2. Employees covered by this agreement shall receive no merit increases during fiscal year 2009 2010. This provision shall automatically terminate on September 30, 2010 and revert back to the current merit revie'li system unless otherwise negotiated by the parties or modified by the statutory impasse procedures contained in Chapter 447, Florida Statutes. As of October 1, 2013 the policy of providing merit increases shall be reinstated . .:h The City and the Association agree to reopen this Agreement no later than July 1,2010 1 for the sole purpose of negotiating possible cost-of-living, merit, longevity Additionally, the City and the Association may each propose one additional economic item and one non-economic item. 4. The City and the Association agree to reopen this Agreement no later than July 1,2011 for the sole purpose of negotiating possible cost of living, merit, and longevity adjustments. Additionally, the City and the Association may each propose one additional economic item and one non economic item. Special Risk Pay shall remain at be $4 ~O.OO per pay period for term of this contract and retroactive to October 1,2012. 5. Command Staff is defined as any member of this collective bargaining unit with the rank of lieutenant or higher. Employees covered by this Agreement shall be entitled to Command Staff Incentive Pay in the amount of $60 per pay period. Such payment shall be excluded from any calculation of pensionable compensation. ARTICLE 27. PROHIBITION AGAINST REOPENING OF NEGOTIATIONS Except as specifically provided herein, neither party hereto shall be permitted to reopen this Agreement or any part of this Agreement. This Agreement contains the entire agreement of the parties on all matters 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. ARTICLE 28. UNIFORMS AND EQUIPMENT 1. Employees covered by this Agreement shall receive from the City upon appointment, at no cost to the employee, a new uniform, which shall consist of the following: a. One (1) long sleeve shirt. b. Five (5) short sleeve shirts. c. Five (5) pairs oftrousers. 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. . 1. Two (2) pairs police low quarter corfam shoes. J. Raingear. 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 request. Such requests shall include the reason for replacement and is contingent upon approval of the Division Commander via chain of command. 2. Employees who are required to wear non-issued clothing will receive a clothing allotment of ${}100 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 under 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 clothingluniform allowance in advance who terminates employment, except for retirement, will have a prorated portion of that allowance deducted from the final paycheck. No final paycheck will be given the terminated employee until all city-owned property such as uniforms and equipment, ID, etc. has been returned to the City. 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 andlor 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: a) The officer must complete transitional training prior to obtaining approval to carry the firearm as provided for in Article 10.3 -TRAINING. b) A request to carry the firearm shall be approved by the Chief of Police. c) Firearm shall be inspected and approved by a department armorer. d) Sworn personnel shall not modify authorized firearms. e) Holster and ammunition clip holder shall be purchased (by employee) and approved by the Chief of Police. f) The officer shall complete a training course pertaining to the new firearm. g) The officer shall qualify with firearm. h) Firearms and magazines shall be carried with Department issue ammunition ONLY. i) 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 EXAMINATION 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. 3. It is further understood and agreed that all issues pertaining to Drug and Alcohol Testing shall be governed by City of South Miami Drug and Alcohol Policy and Work Rules implemented on March 1, 2004. ARTICLE 30. RETIREMENT 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 card clearly marked "retired". 2. Bargaining unit employees shall be 1 00% 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, 2009, the employee contribution to the retirement plan shall be reduced from 13.1 % to 11.1 %. This provision shall automatically terminate on September 30, 2010 and revert back to the language contained in Paragraph 3(a) below, (current contractual language), unless otherwise negotiated by the parties or modified by the statutory impasse procedures contained in Chapter 447, Florida Statutes. a. Effective October 1, 2001, the employee contribution to the retirement 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 8.5%). 4. Effective October 1, 2001, in accordance with the new provisions of State Statute governing Chapter 185 Funds, the sum of $12,498.00 will be paid from the Chapter 185 Police Retirement funds to the South Miami Police Pension Plan each year, regardless of the growth or diminution in future Chapter 185 funds 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, date 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 umeduced 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 Miami Retirement System, pursuant to procedures to be promulgated by the City in consultation with the PBA. 9. Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for immediate past City service as a member of the bargaining unit up to a maximum of five (5) years in the South Miami Retirement System pursuant to procedures to be promulgated by the City in consultation. with the PBA. 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 hardening of the arteries, resulting in total disability or death, shall be presumed to be accidental and suffered in the line of duty unless the contrary be shown by competent evidence. 10. Attached hereto and incorporated by reference herein, is Ordinance 16-08-1951 adopted May 20, 2008, entitled "Pension Plan." 11. The City and the Association agree to reopen this Agreement no later than thirty (30) days after the City Commission provides direction to the City's bargaining team concerning the City's Pension Reform Committee's report, for the sole purpose of negotiating pension issues. ARTICLE 31. EDUCATIONAL INCENTIVE 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. c. Any such reimbursement shall be made only upon submission of proof of the grades as provided in sub-sections (a ) and (b) above. d. The credit hour cost of any course approved shall be capped at the rate used by local publicly funded universities and/or community colleges. 4. Employees utilizing educational assistance must remain with the City for a period of at least two years following completion of any reimbursed course, or said money must be repaid to the City (amount may be deducted from final pay). ARTICLE 32. EMPLOYEE PREGNANCYIMATERNITY LEAVE 1. An employee who becomes pregnant must notify the Chief of Police as soon as she receives a medical confirmation that she is pregnant. A pregnant employee is required to furnish 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 discretion of the City, be placed on light duty status with 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 non-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 time, she may use all or any part of the accrued leave at her request in lieu of unpaid leave. ARTICLE 33. EMPLOYEE ASSISTANCE PROGRAM 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 welfare of the Department's law enforcement personnel. Therefore, it is agreed that the City Manager and the PBA unit representatives will meet, as needed, to develop an action plan to implement such a program that is responsive to the needs of the bargaining unit and is affordable to the City. ARTICLE 34. ABOLISHMENT OR MERGER 1. Whenever the abolishment or merger of the police department is contemplated, the Association shall be informed of such plans in advance and be given an opportunity to negotiate concerning the impact of such abolishment or merger proposal upon this Agreement. 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. AMERICANS WITH DISABILITIES ACT Notwithstanding any other provision of this Agreement, the PBA 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 with disabilities as required under those laws. To accomplish this, the City shall notify the PBA of the action it intends to take to comply with the ADA or the Florida CRA. If the PBA disagrees with the action contemplated by the City, the PBA shall immediately request negotiations with the City to resolve the issue and to determine the parties' mutual obligations to comply with these laws. However, any contention or claim that the City violated any provision of the Americans with Disabilities Act or the Florida Civil Rights Act shall be exclusively resolved through available administrative or judicial remedies, and shall not be subject to the grievance procedure herein. 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 30,2015. ATTESTED: Signature: _________ _ Maria Menendez City Clerk Read and Approved as to Form, Language, Legality and Execution Thereof: Signature: ___________ _ City Attorney CITY OF SOUTH MIAMI By: ____________________ __ Steven Alexander City Manager 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 flk/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 XXXX 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, ommlsslon refund for the purpose of se . g thi advertl ent for p blication in the said --+--£;-/;;-,A .. 20~ MARIA MESA personally known to me \~t!~""1, .>'-$'fl"tl'ji~. B. THOMAS [;f. ~ ConymiSSion # DD 937532 ~z.1. Expires November 2, 2013 ~ Thtu Troy Fain Inw~ 800-385-7019 "Cl·r'9~.t •• ·.·yoLlr.··.ri·~ssag.~·~ •.•. · .•....... ·· Reach your customers~ GroY/your business. NEIGHBORS CALENDAR The Millmi Herald Media Company has a wide array of products and services, in print and online, in Eilgns~ andSpanish,We're your c6J1lplete source for cost-effective w~ystomaxket your local business. -'.-14601 Country Walk Drive Miami, Fl 33186 FREE ADMISSION! Come & Enjoy: Music, Arts, Crafts, Unique One-Of-A-Kind Items & Gifts, Home Decor, Handmade Jewelry, Food Trucks, Sweet Treats, ~ "1 Gift Ideas For The Holidays And Much More ... Fuu Zoue For Kids -$4.00 Each For All Page: NabesSE_2S, I:'rI;Hnn-lc-t • CALENDAR, FROM 35SE descrlpllon field. Please pullhose elements In Ihe fields provided. II you have questIons, you can email Sue Mullin al smul- IIn<code_dp>@MI- aml<code_dp>Herald<code_dp- >.com. Please put "Calendar ques- lion" In Ihe sub)eclilne. Or call Sue aI305-376-3430. FAIRS & FESTIVALS Bayside Markelplace 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 Flaliron 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. I. Brickell Flatiron Park, 1101 5. Miami Ave., Brickell. Free. 305-531-0038. Candyland and OJ. Cocodrllls on Halloween: Use promocode "sug w arfreak" 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 (Ofticers 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 Ihe Miami-Dade County Police Benevolenl Associalion Collective Bargaining Union (Lieutenants & Captains) and the City Of South Miami. An Ordinance amending Section 8A-1, Subseclion 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 atlend 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 StaMes 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 Ctu .. tinn "7nno" n~"'.o.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 "sugarfreak" at website to save on tickets. 786-273-7401. www.cocodrills.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 COslume Party: First annual event features complementary sips and bites from 8w lO p.m.and live and spooky nterw tainment all night long. 7 p.m. Oct. 31. Porcao Grill, 910 S. Miami Ave., Brickell. Free. Halloween Celebrallon-Mall ollhe 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 01 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 Monsler Dance Party: Features fiesta, pachanga and gozadera plus raffles for dance class packages, studio shirts and au w tographed works by Amaury Gutier- rez. Also, the group Folcklorico "SIKAN" de OAF Studio performs two choreographed dances .. 8 p.m. Oct. 30. OAF Studio, 1501 • TURN TO CALENDAR, 43SE IMPROVE YOUR CHILD'S LETTER GRADE BEFORE THE NEXT REPORT CARD! INDIVIDUALIZED TUTORING PROGRAM Available face-to-face or online Call to set up a FREE consultation: 305.2:Z3.S999 Last user: paulsteszewski I "!lct ,..h'3"n.o. "!tt· 10·A7·~7 n,.tnhor ?J;