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Res No 245-13-14063RESOLUTION NO.: 245 -13 -1 4063 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 Police Officers and Sergeants' 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. A copy of the amended provisions of the Collective Bargaining Agreement is attached. 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: The attached exhibit is incorporated by reference into this resolution. PASSED AND ADOPTED this 5th day of November, 2013. READ AND APPROVED AS TO FORM Commission Vote: 5 -0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Newman: Yea Commissioner Welsh: Yea Commissioner Harris: Yea soUrq 0 �. South Miami F CITY OF SOUTH MIAMI � NI- A�icaCilY • �O 27 . OFFICE OF THE CITY MANAGER , p,1 �I INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor & Members of the City Commission Via: Steven Alexander, City Manager From: LaTasha Nickle, Human Resources Director Date: October 11, 2013 Agenda Item No.: AF Iff Subject: 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 2010 -2013 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 2010 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. The monetary benefit provided by the Agreement and the associated costs are set forth below. Benefit Description FY 13 Wages: 5% across the board wage increase retroactive to 10/ 1/ 12 147,809 TOTAL Amount over the I -Year Period 147,809 y 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 W/C 4,801 y �'�Tb,� Persbnngl� ',� — ,�sGgs�:A�- -0Ip��t809�' Fa 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. Request: 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: ❑ Proposed resolution. ❑ Letter from attorney confirming ratification. ❑ Contract Amendment 11 W OPICS D/ (flesnicl (& Casey, 2701 PONCE DE LEON BOULEVARD SUITE 200 coral gaalle4, _71orea'aa 33134«6020 DONALD D. SLESNICK 11 FAX <30S) 448 -5685 JAMES C. CASEY CERTIFIED IN LABOR & EMPLOYMENT LAW TEL <30S) 448 -5672 FLORIDA SUPREME COURT CERTIFIED CIRCUIT COURT MEDIATOR CERTIFIED CIRCUIT COURT MEDIATOR donslasnick @scilp.com jmieaseyesdip com October 7, 2013 Steven J. Alexander, City Manager Via E -mail City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: South Miami Rank & File Contract. Re- Opener Ratification Dear Mr. Alexander: 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 on the next City Commission Agenda for their, approval. Thank you for your attention to this letter. Sincerely, G!/l1 James C. Casey 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 and/or 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 Agreement-Special 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 supplement for 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.I.U. c. S.I.U. 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. 1 ATTESTE CITY OF Signatur aria Menendez G ;ev City Clerk MIAMI e9(Alexander Manager Read and Ap e s to Form, Legality ec ' Thereof: Signature: C Attorney Miami -Dade County olilce volent Association: By: Date: resi ent 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 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 pro d any person, firm or corporation any discount reb ommission q refund for the purpose of sefering i adverU spent for piliblication in the said to and sullsbribed before me this OCTOBER / , A.LJ 2013 MARIA MESA personally known to me ,R,;; B• THOMAS �` ••; Commission # DD 937532 Expires yA;, ,,P,. -• PiNovember 2, 2013 TNu Troy FtAn Mturyxp A00 383.7019 38SE I SUNDAY, OCTOBER 27, 2013 SE MiamiFierald com I M14UU- NERALD 14601 Country Walk Drive Miami, F1 33186 FREE ADMISSION! 19 Come & Enjoy: Music, Arts, Crafts, Unique One-Of -A -Kind Items & Gifts, Home Ddcor, Handmade Jewelry, Food Trucks, Sweet Treats, Gift Ideas For The Holidays And Much More... Fun Zone For Kids - $4.00 Each For All Day Pass 777777777777 s INTERESTED IN BEING A a VvOUI_D YOU a SHOWCASE YOUR Limited Space Available! 305-238-9336 Ext. 12 Vendor Applications available at e e. e e Page: NabesSE_25, NEIGHBORS CALENDAR e CALENDAR , FROM 355E description field. Please put those elements In the fields provided It you have questlons, you can emall Sue Mullin at snaul- Un <code_dpa @Ml- ami<coda_dpsHeroldscodq-dp- Xcom. Please put "Calendar quas- doe in the s MIM Me. Or ail Sue at 3OS -376 -3430. FAIRS 8 FESTIVALS Bayslde Marketplace Howl-O -Wean: Families and their Nary friends Invited to annual event with sweet head parades and costume contestL 4 pm. Oct. 31 Bayside Market- place, 401 Biscayne Blvd, Downtown MfamL Free. 305577 -3344. Bricker! Flatiron Park Farmer's Market: Features organic produce, spices, granule, gluten -free pasta, cevkhe, guacamole. stone crabs. Colombian baked goods, tropical fruit smoothies, local honey, artisanal French breadowers, Greek salads and gyros, olive oil, handmade soaps. 9 am. Nov 1 Bdckell Flatiron Park 1101 S. Miami Ave. BrIckefi. Free. 305 - 531.0038. Candyland and DJs Cocodrills an Hatoweere Use promdcode °sug- arlmak° at website to save on tarts. CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Fiarlda will conduct Public Hearmg(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 flem(s): CA Resolution approving and authorizing the City Mat agar to execute an amended 2D10.2013 agreement between the Mixml -Dade County Police Benevolent Association Collective Bargaining Union (Officers and Sergeants) and the City Of South Miami. A Resolution approving and authorizing the qty Manager to execute a three year (October 1, 2012 — September 30, 2015) Agreement between the.Mland -Dade County Police Benevolent Association Collectve Bargaining Linton Woutenants & Captains) and the City Of South Miami. An Ordinance amending Section BA -1, Subsection I of the Gry of South Mlamis Code of Ordinances to facilitate retention of design professionals and to avoid conflicts an volunteer review beards. ALL Interested forties are [nulled to attend and will be heard. For further Information, please contact the Cry Clerk's Office at 305.663 -6340. Made M. Menendez, CMC City Clerk pursuant to Ronda StaMe6 266.0105, the City hereby advises the public that It a person deddesto appeal any dedsion made brute Boerd,Agena/ or fbmmisslon wnh respect toanymaner considered at its meeting or hearing, he or she will nced a recasd of the proceedings, and that for such purpose, affected parson may need to ensure that a verbatim record of the procedings is made which record includes the testimany and evidence upon which the appeal Is to be based. Pub. date: Sunday, October 27 ee..e;..,. ,..,,e n.a..er 10 pm. Oct. 31. Fifty l6tra Lounge, 485 Brickefl Ave. Bdcke4 $30.40. No cover it on Rick Cs IW.Ike ommocode •sugarfreak• at website to save on tk ketL 786- 273 -740L www.cocodrmscom. Edible Garden Festivat Pmt of Wamis first Local Food Week Features info on how to start an edible gardet% Pumpkin Patch Scarecrow CompetillorL farmers market, Fag Beer Garden and Earth Leaming's mobile kitchen cooking $121 kids Fail Fremr. Held at all campuses, kids of all ages are Invited to wear their costumes and join in the candy-lueled Fun, complete with pumpkbls, popcorn, games and a cool fall photo booth Tines and locations at website. 9 am. Oct. 27. Christ Fellowship at Palmetto Bay, 8900 SW 168th St, Palmetto Bay. Free. 305238 -1818. dmiamtorg. Fla and he Halloween Costume Party: First annual event features complementary sips and bites from B -10 pmand Dore and spooky mer- tairhmenl all night long. 7 pm. Oct. 31. Porcao Grill, 910 S. MImN Ave., BridreR. Free. Halloween CelebratlomMall of the Americas: Kids chub at 4 pm for ages 10 and raider with the friendly, bilingual Witch Gfgt At 5 pm, ft's musk and prizes for all ages with Mix 983 FM, frlcludiM trip prizes plus Karla Bakery hands out Hallow- een cupcakeL Tfick or treat begins at 6 Pro. costumes encouraged. but masks are prohibited pride the mail_ 4 pm. Oct. 31. Midi of the Amer- ica; 7795 W. Roller SL, Free. 3OS- 261.8772. Halloween Festival of Freaks with SUMIM Blackbird Odyssey with Sueralo five and DJs Contra and Intergalactic photoboo and danc- Ing under the stars. Dress to Impress $100 size for best costume. 21 *. 10 pm Oct. 31 Blackbird OrdinaM 729 SW First Ave. BrickeA. No corer. 305- 671 -3307 forreservatonL wwwlacebookcom/events/ 165176547010856 /. Halloween Monster Dance Parry: Features fiesta, padranga and gozadea plus raffles for dance class top graphed works bAmauzyyGGutie- rez. Alsq the group Fokklorico 'SIKAN" de DAF Studio performs two choreographed dances- 8 pm. Oct. 30. DAF Studio.15DI -TURN TO CALENDAR, 435E Last user. paulsteszewski 1 eN nhe . e1- 10.n7 -r7 n. #.hm 7r: