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Res No 136-16-14691RESOLUTION NO.:136-16-14691 A Resolution approving and authorizing the City Manager to execute the June 22,2016 to September 30 lune 21.2019 Agreement between the American Federation of State,County and Municipal Employees ("AFSCME"),Local 3294 and the City Of South Miami. WHEREAS,theMayorandCityCommissionoftheCityofSouth Miami seekto providethehighest levels servicesforthe citizens,residents,businessesandvisitorsoftheCity of South Miami;and WHEREAS,aCollective Bargaining Agreement with the AmericanFederationofState, Countyand Municipal Employees ("AFSCME"),Local 3294isanintegral component ofthis effort; and WHEREAS,theCityAdministrationand AFSCME have successfully concluded negotiationsonanew contract whichachievestheseobjectives;and WHEREAS,AFSCME hasratified the proposed contract. NOW,THEREFORE,BEIT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA THAT: Section I:TheMayor&CityCommission approves the Collective Bargaining Agreementfor Fiscal Years beginning June22,2016 -September30June 21,2019 betweenthe AmericanFederationofState,Countyand Municipal Employees ("AFSCME"),Local 3294andthe CityofSouth Miami,and authorizes the CityManager to execute the agreement. Section 2;Ifanysectionclause,sentence,or phraseofthisresolutionisforanyreason held invalid or unconstitutionalbya court of competent jurisdiction,theholding shall notaffect the validityof the remaining portions ofthis resolution. Section 3:The attached exhibitis incorporated by reference intothis resolution. Section 4;Thisresolution shall becomeeffectiveuponitsadoption,effectiveJuly 13, 2016. PASSED AND APPROVED thisl 2tfrjav of July 2016. ATTEST: Q/hazO>'> APPROVED: MAYOR ' COMMISSION VOTE: Mayor Stoddard: Vice Mayor Welsh: Commissioner Edmond: Commissioner Harris: Commissioner Liebman: 5-0 Yea Yea Yea Yea Yea South^Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER To:The Honorable Mayor&Members of the City Commission From:Steven Alexander,City Manager Date:July 12,2016 Agenda Item No.:, Subject:Contract between the Cityof South Miami and AFSCME. A Resolution approving and authorizing the City Manager to execute the June 22,2016 to September 30 June 21.2019 Agreement between the American Federation of State,County and Municipal Employees ("AFSCME"),Local 3294 and the CityOf South Miami. Request:To approve a three (3)year agreement between the AFSCME Collective Bargaining Union and the Cityof South Miami. Background:This Agreement is entered into by the Cityof South Miami,hereinafter referred to as the City, and the American Federation of State,County and Municipal Employees,AFL-CIO,City Employees Local 3294,hereinafter referred to as the Union. The negotiation sessions were difficult and challenging for quite some time but in the end,the bargaining unit appeared to change its strategies,and the discussions became cooperative and productive resulting in reaching an Agreement on the terms and conditions ofa three-year CollectiveBargaining Agreement;effective upon ratification (June 22,2016)through June 21, 2019.We appreciate the bargaining unit spirit of cooperation and business like acceptance of finances,public service andlook forward toan enhanced relationship with them asa result,in the future. The major highlights and monetary benefit provided by the Agreement and the associated costs are set forth below: MAJOR HIGHLIGHTS OF THE NEW AGREEMENT ARE SHOWN IN BOLD; ARTICLE 9 GREIVANCE AND ARBITRATION PROCEDURE Added language Section 2:Should the grieving party failto observe the time limitsas set out in the steps ofthisArticle,his/her grievance shallbe considered conclusively abandoned and the abandonment shall not be the subject of arbitration. Added language Section 3.Number 2: Any grievance,which cannot be satisfactorily settled with the immediate supervisor,shallbe reduced towritingby the employee and deliver to the employee's Department Director by any means that provides some evidence of its delivery,such as e-mail or facsimile transmission, and if delivery is by hand,itshallbe signed by the Department Director solely to establish date of receipt.Such grievance shallbe presented to the Department Director within three business daysfrom the immediate supervisor's decision being made under step 1ofthis section,but in any event,the grievance shallbe delivered to the Department Director no later than 21 days of the occurrence of the event(s)whichgaverise to the grievance.The Department Director shall, within ten (10)business days after presentation ofthe grievance (orsuchlongerperiodoftime asis mutually agreed upon in writing and signed by both the employee (or employee union representative)and the Department Director),render hisdecisionon the grievance inwriting and deliver itto the employee,or the employee union representative,by any means that provides some evidence of its delivery,such ase-mailor facsimile transmission. Added language Number 3:and deliver to the City Manager by any means that provides some evidence of its delivery,such as e-mail orfacsimile transmission receipt,andif delivery isby hand,itshallbe signed by the Department Director solely to establish date of receipt.The employee mayalso opt to have the employee's union representative to request that the Department Director's decision be reversed ormodified.TheCity Manager,orhis designee,shall within ten (10)business daysof the appeal (or some longer period asis mutually agreed upon in writing and signed by both the employee (or employee union representative)and the Department Director)render his decision inwriting,and deliver a copy to the employee and to the employee's union organization or representative,both of which shall be deliver by any means that provides some evidence of its delivery,suchas e-mail or facsimile transmission and if delivery is by hand,itshallbesigned by the recipient solely to establish date of receipt. Added language Number 4:Including the requirements for delivery of grievances/appeals and employer decisions Number 5:However,in the event the parties are unable to agree uponsaid impartial arbitrator, the parties shall jointly request the Federal Mediation Conciliation Service (FMCS)to furnish seven (7)names fromwhicheach party shallhave the option ofstrikingtwo(2)names in alternating fashion,thus leaving the seventh (7th)named arbitrator whoshall hear the arbitration in accordance with the FMCS rulesof procedure. Added language Number 6:Nor to interpret any provision that isclearor unambiguous. Number 9:The initial selection process forchoosingan impartial arbitrator shall commence within ten (10)businessdaysafter the receiptofthepanelfrom the AmericanArbitration Association and each party shall have three business days to strike a member of the panel. ARTICLE 13 HOLIDAYS A new holidayhas been added to the listofholidays,Columbus DayHoliday. ARTICLE 17 WAGES Thefollowing language was added to the proposed CBA which was approved by the Unionon June 21,2016. 1.Upon ratification,bargaining unit members shall receive cost ofliving adjustments based on the Consumer Price Index -AllUrban Consumers 12-Month Percent Change for the Miami-Ft. Lauderdale FL area (CPI),(computed as the aggregate or prorated amount depending on the employees'date of employment,of the last 3-years of COLA,12-month average change percentage)which shall have the effect of increasing the payfor each employee to ensure employees do not lose earnings to inflation. Over the past three years the Consumer Price Index-All Urban Consumers 12-month Percent Change for the Miami-Ft.Lauderdale,FL area (CPI)has been established by the United States Department of Labor,Bureau of Labor Statistics as follows: (Annual CPI 2012)October 1,2013 -September 30,2014 =1.9% (Annual CPI2013)October 1,2014-September 30,2015 =1.3% (Annual CPI 2014)October 1,2015 -September 30,2016 =2.1% The projected index for the current year is: (Annual CPI 2015)October 1,2016 -September 30,2017 =0.9% Any employee employed before October 1,2014 shall receive a5.3%COLA increase. Any employee employed onor after October 1,2014 but prior to October 1,2015shall receive a 3.4%COLA increase. Any employee employed onor after October 1,2015 but prior to October 1,2016shall receive a 2.1%COLA increase. 2.Effective October 1,2016,and each year thereafter,bargaining unit members shall receive a cost of living increase,based on the Consumer Price Index -All Urban Consumers 12-Month Percent Change for the Miami-Ft.Lauderdale FL area (CPI)which shall have the effect of increasing the pay for each employee.If the CPI is negative,there shall be no decreasing effect on the employee's pay.The CPI increase shall not exceed 3%in each year. Any employee employed onor after October 1,2016 but prior to October 1,2017shall receive an additional 0.9%COLA increase. ARTICLE 21 SERVICES TO THE UNION Added language Section 1:TheCityagreestofurnish the Union,once ayear,one copy of the following regarding employees in the bargainingunit,provided the employee delivers to the Citya written consent to the dissemination of the information described In section l.a.,below, to the Union: Added language Section 3:Duringgroup orientations of new employees within the AFSCME bargaining unit,the Unionshallbe given an opportunity,in the presence of the Personnel Manager,andif available the applicable Department Director,to introduce (or have introduced)one of itsLocal Representatives who may speak briefly to describe the Union, participation in negotiations and general interest in representing employees. ARTICLE 24 PERSONNEL RULES AND REGULATIONS The Personnel Rulesand Regulations of the City of South Miamias published in the City's Personnel Manual (Employee Policiesand Procedures Manual)inits entirety are now incorporated into this contract. ARTICLE 28 EMPLOYEE AND UNION COOPERATION New language 1:The Employer shall promptly notify the Union within fifteen (15)days of its decision to implement any and all new classifications pertaining to work of a nature performed by employees within the bargaining unit.If the new classification isa successor title to a classification covered by this Agreement and the job duties are not significant altered or changed,the new classification shall automatically become apart of this Agreement.If the new classification contains a significant part of the work now being done by any of the classifications covered by this Agreement,or whose duties are similar to other bargaining unit Employees,the new classification shall automatically become a part of this Agreement.If the new classification contains work that the Employer deems new and non-union,the parties will jointly discuss the position,the reasons for the Employer's determination,and attempt to reach agreement on the status of the new or revised job.Ifno agreement is reached the issue shall be submitted to arbitration. 2.Information Provided to the Union: The Employer shall provide,upon written request of the Union,for each employee in the bargaining unit represented by the Union,inExcel format: 1.Name 2.Home address 3.Home phone number 4.Department 5.Position Classification 6.Starting Date 7.Hourly wage The Union may present a written request for employee information twice every calendar year. 3.PEOPLE Deduction: The Employer agrees to deduct from the wages ofany employee who isa member of the Union a PEOPLE deduction as provided forina written authorization.Such authorization must be executed by the employee and may be revoked by the employee at any time by giving written notice to both the employer and the union.The Employer agrees to remit any deductions made pursuant to this provision promptly to the union together with an itemized statement showing the name of each employee from whose paysuch deductions have been made and the amount deducted during the period covered by the remittance. ARTICLE 29 VEHICLE AND EQUIPMENT ABUSE Ifan employee abusesvehiclesor equipment,the employee willbe subject todisciplinein accordance with the Disciplinepolicy set forthin the Employee Policiesand Procedures Manual (Personnel Manual). ARTICLE 31 DRUG AND ALCOHOL TESTING Section 7:Itis further understood andagreed that allissues pertaining toDrugandAlcohol Testing shallbe governed byCityofSouthMiami Drug andAlcoholFree Workplace Policyand PersonnelRulesandRegulations set forthin the Employee Policiesand Procedures Manual. ARTICLE 37 RETIREMENT BENEFITS Added language Section 6:Notwithstanding sections 1 through 5 above,any employee who is participating in the ICMA-RC defined contribution (DC)457planon the date the 2016 -2019 Agreement is ratified,and all employees hired onor after that date,will be given a one-time, irrevocable election to participate in one of the following retirement plan options: Option 1:New second tier of the CityGeneral Employees'PensionPlan,which shall contain the following provisions: a.Full vesting upon completion of ten (10)years of credited service. b.Future service benefit multiplier is1.60%. c.Final Average Compensation willbe the average of the highest eight (8)years of compensation. d.Normal Retirement Dateis the earlierof(a)age65and completion of ten (10)years of credited service;or(b)completion of thirty-three (33)years of credited service. e.The employee contribution will be three percent (3%)of compensation. f.No cost-of-living adjustments willbe provided. Option 2:Defined contribution plan with the following provisions: a.Employees are required to contribute 3%of compensation. b.Citywill contribute 7%of compensation. c.Employees will be fully vested after one year of service. Employees who are participating in the ICMA-RC defined contribution (DC)457plan on the date the 2016-2019 Agreement is ratified,and would like to join the new second tier plan, must make the irrevocable election within 90-days after the adoption of the new pension ordinance creating the new second tier pension plan. TheexistingDefinedContribution Plan willnotbeofferedtoany new hires,anditwillbe frozenforallpersons who are presently initandelect to joinanyof the options of the second tier pension plan. Section 7:Notwithstanding,section 9(d)below,effective on the date the 2016-2019 Agreement isratified,the employee contribution for employees who areparticipatinginCity General Employees'PensionPlanon that date will be capped at10%of compensation. Section 8:Forall AFSCME bargaining unit members who have become employed since the date of the closing of the Plan,the following willapply.The employees will be given an opportunity to buy-back anyandallyearsofservice,up-to the number ofyears they have worked at the Cityatany time while employed at the Cityina position eligiblefor participation in the Plan. Employees must pay the fullactuarial cost of the service they buy back,andsuch buy-back will be at the employee's sole expense,ascalculatedby the Retirement Plan'sactuary. The estimated total cost of the AFSCMECollectiveBargaining Agreement over the three-year agreement is $163,266. Attachments:Resolution Agreement We Make Florida Happen Ms.Shari Kamali Deputy City Manager City of South Miami 6130 Sunset Drive South Miami,FL 33143 July6,2016 Dear Ms.Kamali: I'm happy to report that the CBA between AFSCME Local 3294andTheCity of South Miamiwasunanimously(25yesand0No's)ratifiedonJune 21,2016.AFSCME isinlegal agreement with the fact that the contract overlapsinto the 3rdyear.Itwas the intent of both parties that the contract startinJuly of thisyearso that the employees canbegin their wageincrease immediately.We lookforwardtoaworking together withTheCity of South Miami. Ifyouhaveany questions pleasefeelfreetocontactmeat the numbers below. Regards Norman Herdocia Regional Coordinator AFSCME Florida Region3 700 S.RoyalPoincianaBlvd.,Suite700 Miami Springs,FL 33166 Office:305-651-6617 Fax:305-888-7858 Email:NHerdocia@afscmefl.org CC.Andre Madtes AFSCME Executive Director Denise Moses Local 3294 President Stacy Wein Esq.AFSCME Legal Council American Federation of State,County and Municipal Employees,AFL-CIO Florida979 Organizing Committee WEB afscmefl.org FACEBOOK AFSCMEFIorida TWITTER @AFSCMEFL TEL (850)222-0842 FAX (850)224-2961 3064 Highland Oaks Terrace.Tallahassee,FL 32301 Rachel Cata From:Shari Kamali Sent:Wednesday,July06,2016 11:29 AM To:Pepe,Thomas F. Cc:Rachel Cata;Steven J.Alexander Subject:FW:TAsouth miami CBA fyi Best regards, Shari Kamali Deputy City Manager City ofSouthMiami 6130 Sunset Drive South Miami,Fl 33143 Office:305-663-6319 Cell:305-200-4463 SKamali@southmiamifl.gov From:Stacy Weln [mallto:SWein@afscmefLorql Sent:Wednesday,July 6,2016 11:26 AM To:Shari Kamali Cc:Norman Herdocia Subject:Re:TA south miami CBA Hi Shari I happy totellyouthattheCBA between AFSCMEandTheCity of South Miami wasratifiedonJune 21, 2016.Therearenolegalissueswiththefactthatthecontractoverlapsintothe3rd year.Itwastheintentofboth parties thatthecontract start inJuly of thisyearsothattheemployeescanbegin their wageincrease immediately.Welookforwardtoa working together withTheCity of South Miami. Stacy Wein In-House Counsel AFSCME Florida On Jul 5,2016,at 5:30 PM,Shari Kamali <SKamali@southmiamifl.gov>wrote: Please call me asap Best regards, Shari Kamali Deputy City Manager City of South Miami 6130 Sunset Drive South Miami,Fl 33143 Office:305-663-6319 South Miami THE CITY OF PLEASANT LIVING AGREEMENT BETWEEN CITY OF SOUTH MIAMI AND AFSCME AGREEMENT FOR FISCAL YEARS June 22,2016 to June 21 2019 Table of Contents ARTICLE 1 AGREEMENT 4 ARTICLE 2 RECOGNITION 4 ARTICLE 3 MANAGEMENT RIGHTS 4 ARTICLE 4 NON-DISCRIMINATION 6 ARTICLE 5 NO STRIKES OR LOCKOUTS 6 ARTICLE 6 DUES CHECK-OFF ;7 ARTICLE 7 UNION STEWARD 7 ARTICLE 8 MAINTENANCE OF DISCIPLINE 8 ARTICLE 9 GRIEVANCE AND ARBITRATION PROCEDURE 9 ARTICLE 10 SICK LEAVE 12 ARTICLE 11 ANNUALLEAVE 13 ARTICLE 12 FUNERAL LEAVE 14 ARTICLE 13 HOLIDAYS '.14 ARTICLE 14 HEALTH INSURANCE 15 ARTICLE 15 HEALTH AND SAFETY 15 ARTICLE 16 UNIFORMS AND SAFETY EQUIPMENT 16 ARTICLE 17 WAGES 17 ARTICLE 18 LONGEVITY BONUS 18 ARTICLE 19 PERFORMANCE EVALUATION 18 ARTICLE 20 CLASSIFICATION APPEAL 19 ARTICLE 21 SERVICES TO THE UNION 20 ARTICLE22 CALLBACK 20 ARTICLE 23 SEVERABILITY CLAUSE 21 ARTICLE 24 PERSONNEL RULES AND REGULATIONS 21 ARTICLE 25 COMPLETE AGREEMENT AND WAIVER OF BARGAINING 21 ARTICLE 26 PROHIBITION AGAINST REOPENING OF NEGOTIATIONS 21 ARTICLE 27 RULES AND REGULATIONS 22 ARTICLE 28 EMPLOYEE AND UNION COOPERATION 22 ARTICLE 29 VEHICLE AND EQUIPMENT ABUSE 23 ARTICLE 30 OFF DUTY EMPLOYMENT 24 ARTICLE 31 DRUG AND ALCOHOL TESTING 24 ARTICLE 32 COURTTIME 25 ARTICLE 33 LAYOFF AND RECALL 25 ARTICLE 34 REPRESENTATION DURING NEGOTIATIONS 27 ARTICLE 35 EMERGENCIES 27 ARTICLE 36 LABOR-MANAGEMENT COMMITTEE 27 ARTICLE 37 RETIREMENT BENEFITS 28 Page2 of 33 Section 6:Notwithstanding sections 1 through 5 above,anyemployeewhois participating intheICMA-RC defined contribution (DC)457planonthe date the2016-2019 Agreement is ratified,and all employees hired onor after that date,willbegivenaone-time,irrevocable election to participate inoneofthe following retirement plan options:..29 Option 1:New second tier of theCity General Employees Pension Plan,which shall contain the following provisions: 29 a.Full vestingupon completion often (10)years of credited service 29 b.Future servicebenefitmultiplieris 1.60%29 c.Final Average Compensation willbethe average ofthehighesteight(8)years of compensation..29 d.Normal RetirementDateisthe earlier of (a)age65andcompletion often (10)years of credited service;or(b)completion of thirty-three (33)years of credited service 29 e.Theemployeecontributionwillbethreepercent(3%)of compensation 29 f.Nocost-of-livingadjustmentswillbe provided 29 Section7:Notwithstandingsection9(d)below,effectiveonthedatethe2016-2019Agreementisratified,the employee contribution foremployeeswhoare participating inCity General Employees Pension Plan onthatdatewill becappedat10%of compensation 30 Section9:Thefollowingchangesinthepensionareasfollows (historical data):30 ARTICLE 38 WORK IN HIGHER CLASSIFICATION 32 ARTICLE 39 TERM OF AGREEMENT AND REOPENING 32 Page3 of 33 ARTICLE!AGREEMENT Section 1:This Agreement is entered intoby the Cityof South Miami, hereinafter referred to as the City,and the American Federation of State,County and Municipal Employees,AFL-CIO,City Employees Local 3294,hereinafter referred to as the Union. Section 2:Itis the purpose and intention ofthis Agreement to provide for salaries,fringe benefits and other terms and conditions of employment except as otherwise provided by Constitution,Statute,Charter,Ordinance,Administrative Order or Personnel Rules and Regulations.Itis further the intention ofthis Agreement to prevent interruption of work and interference with the efficient operation of the City of South Miami and to provide an orderly,prompt,peaceful and equitable procedure for the resolution of grievances and the promotion of harmonious relations between the Cityof South Miami and the Union.Upon ratification,the provisions ofthis Agreement shall supersede Personnel Rules, Administrative Orders,and/or other rules and regulations in conflict herewith.All references to "employee'1 and all pronouns inthis Agreement are intended to refer to both genders. ARTICLE 2 RECOGNITION The City hereby recognizes the Union as the exclusive bargaining representative of all regular,full time employees employed as equipment operators,laborers,sanitation engineers and supervisors,custodial workers,parks and grounds workers and supervisors,maintenance workers and supervisors,paint and body workers,building maintenance workers and supervisors,maintenance mechanics and supervisors,carpenters,motor equipment operators,,and code enforcement officers employed by the City of South Miami,but excluding all secretarial employees,professional employees,managerial employees,and confidential employees. ARTICLE 3 MANAGEMENT RIGHTS Section 1:The Union recognizes that the City Manager (hereinafter referred to as Management")possesses the sole right,duty and responsibility to operate and manage the City and direct the work force;and the rights,authority,and discretion which the City deems necessary to carry out its responsibilities and Page4 of 33 missionsshall be exercised consistently with these terms.Any term and condition of employment other than wages and benefits not specifically established or modified by this Agreement shall remain solelywith the discretion of the employer to modify,establish or eliminate,provided such are exercised consistently with the provisions of Prevailing Benefits,as provided in the current Personnel Rules and Regulations,as periodically modified and adopted by the City Commission. Section 2:These rights and powers include,but are not limited to the authority to: a.determine the missions and objectives of the City; b.determine the methods,means and number of personnel needed to carry out departmental responsibilities; c.direct the work of the employees,determine the amount and type of work needed,and in accordance with such determination relieve from duty because of lack of funds or lack of work; d.discipline or discharge employees for cause; e.schedule operations and shifts; f.introduce new or improved methods,operations and facilities; g.hire,examine,classify,promote,train,transfer and assign employees; h.schedule and assign overtime work as required; i.determine the utilization of technology; j.merge,consolidate,expand,ef 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 action advisable; k.contract or subcontract any existing or future work; I.the City will make every effort to notify the union of the contracting out or privatization of service involving classes within the bargaining unitwithin45 days before the City decides to contract out or privatize services m.reduce,assign,or cease any existing job authorized in the City's approved budget,including those covered in the current Personnel Manual n.determine whether and to what extent the work required inits operation shall be performed by the employees covered by this Agreement, o.have the sole discretion to determine the plan design forall medical and dental coverage that benefits employees Page5 of 33 covered under this Agreement.Management agrees to consider the recommendations of the Employees'Benefits Committee as may be established by the City Manager.The Unionshall be entitled to have one seat on any such Employee Benefits Committee,said representative to be appointed by the Local's President. ARTICLE 4 NON-DISCRIMINATION Section 1:Itis agreed that there shall be no discrimination against any employee covered by this Agreement,by either the Unionor the City because of race,color,sex,age,national origin,religion,disability,sexual orientation, membership in the Union,or non-membership in the Union.The parties further agree that the City may take any and all action in order to fully comply with the Americans with Disabilities Act. Section 2:All employees covered bythis Agreement shall have the right to join the Union as well as the right not to join the Union.Neither the Union nor its members or agents shall interfere with,restrain,or coerce employees into membership in the Union.TheUnion and the Cityshall not discriminate against any employee because of that employee's membership or lack of membership in the Union or by virtue of the employee holding office or not holding office in the Union. ARTICLE 5 NO STRIKES OR LOCKOUTS Section 1:There will be no strikes,work stoppages,picketing,slowdowns, boycotts,or concerted failure,or refusal to perform assigned work while working or while in City uniforms,by the employees covered under this Agreement for any reason whatsoever,and there will be no lockout by the City for the duration of this Agreement.TheUnion supports the City fully in maintaining efficient operations. Section 2:Itis recognized by the parties that the Cityis responsible for and engaged in activities that are the basis of.the health and welfare of the citizens of the City and that any violation of this Article would give rise to irreparable damage to the City and the public at large.Accordingly,itis understood and agreed that in the event of any violation of this Article,the City shall be entitled to seek and obtain immediate injunctive relief. Page6 of 33 Section 3:Informational picketing is that picketing permitted solelyfor the purpose of conveying to the general public the Unions positionin the labor dispute. Section 4:In the event ofastrike,work stoppage or interference with the operation and/or accomplishment of the mission of the City,the Union shall promptly and publicly order the employees toreturntowork and attempt tobring about a prompt resumption of normal operations. ARTICLE 6 DUES CHECK-OFF Section 1:Upon receipt ofalawfully executed written authorization from an employee,the City agrees to deduct the regular Union dues of such employee from his regular pay and remit such deduction to the duly elected Treasurer of the Union within thirty(30)days from the date of deduction.The Union will notify the City inwritingthirty(30)days prior to any change in the regular Union dues structure. Section 2:An employee may revoke his/her Union dues deduction in accordance with Section 447.303 Florida Statutes. Section 3:TheUnion agrees to indemnify and hold the City and any of its agents or Commission members harmless against any and all claims,suits, orders or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions ofthis Agreement. ARTICLE 7 UNION STEWARD Section 1:TheUnion has the rightto select an employee fromwithin the Bargaining Unit,as herein defined,to act as Union Steward.The name of the Union Steward and alternate Steward shall be certified,inwriting,to the City Manager by the Union.Itis agreed and understood by the parties tothis Agreement,that the Union Steward may,without lossof pay,withprior approval ofhissupervisor,process grievances.The supervisor's approval shallnot be unreasonably withheld.Itis agreed to and understood by the parties tothis Agreement that there shallnot be more than one (1)Steward and one (1) alternate Steward within the Bargaining Unit,as herein defined.It is agreed *e and understood by the Union that the Union Steward,or his/her alternate, Page7 of 33 (hereinafter collectively referred toas "the Union Steward")shall process grievances and conduct his/her other Union duties in such a manner that does not disrupt normal City activities,work production and services. Section 2:Every effort will be made,by both the Cityof South Miami and the Union,to allow the Union Steward to investigate grievances as rapidly as possible, preferably on the date that the grievance becomes known,and within at least twenty-four (24)hours.The investigation ofa pending grievance or personal contact of the employee during work time by the Union Steward shall not be done without first receiving prior approval from both employees'supervisors. Approval shall not be unreasonably withheld. Section 3:In no event shall the Department layoff,discharge,or discriminate against aUnion Steward for action taken in the performance of his/her duty as a Steward. ARTICLE 8 MAINTENANCE OF DISCIPLINE Section 1:The parties understand and agree that the maintenance of discipline is necessary toinsure the efficient and safe operation of the City. Therefore,the City reserves the rightto impose disciplinary actions (penalties)for work deficiencies and/or the failure to meet established standards of conduct. Disciplinary actions shall be taken in the most timely,judicious and consistent manner possible.The City willutilize the progressive discipline policy as set forthin the Personnel Manual,which shall take precedence in such matters. Section 2:Whenever itis alleged that an employee has violated any rule, regulation or policy,or upon the discovery of the violation,the employee shall be notified by his/her supervisor of said violation as soon as practicable or upon the conclusion of the investigation if one is being conducted.Every effort shall be made to have an informal discussion with the employee prior to the issuance of any disciplinary action. Section 3:There shall be no Performance Report,Evaluation Statement,or Reprimand placed in an employee's personnel folder unless the employee has been given a copy prior to or at the same time that itis placed in the file. Section 4:All matters concerning discharge and discipline are to be resolved only in accordance with the procedures set forth below.It is specifically Page8 of 33 agreed and understood that probationary employees shall have noright to challenge disciplinary action. Section 5:An employee may choose to appeal a disciplinary action,which has no loss of time,to the City Manager.An appeal to the City Manager must be done inwritingwithin three business days from the time the disciplinary notice is issued to the employee.The appeal must present the facts dealing with the specific circumstance and explain why the City Manager should reconsider the discipline.TheCity Manager's decision is final and the employee does not have the right to appeal or grieve once this appeal process is selected.Alternatively, the employee may choose to appeal a disciplinary action through the grievance process as specified in Article (9)ofthis Agreement.The employee can only select one of the two procedures specified inthis section. ARTICLE 9 GRIEVANCE AND ARBITRATION PROCEDURE Section 1:Ina mutual effort to provide a harmonious working relationship between the parties to this Agreement,itis agreed and understood that there shall be a procedure for the resolution of grievances between the parties and that such procedure shall cover grievances involving the application or interpretation of this Agreement. Section 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 ofthisArticle,his/her grievance shall be considered conclusively abandoned and the abandonment shall not be the subject of arbitration.Any grievance not answered by management within the prescribed time limits shall automatically advance to the next higher step. Section 3:Grievances shall be presented in the following steps: 1.The employee shall first take up his/her grievance withhis immediate supervisor,who is nota member of the Bargaining Unit,within ten (10)business daysof the occurrence of the event(s)which gave riseto the grievance.This first step (between the employee and his immediate supervisor)shall be on an informal and oralbasis,and may involve the employee's union representative or any other representative of the employee; 2.Any grievance,which cannot be satisfactorily settled with the immediate supervisor,shall be reduced to writing by the employee and deliverto the employee's Department Directorby any means that provides some evidence Page9 of 33 of its delivery,suchase-mailor facsimile transmission,and if delivery is by hand,it shall be signed by the Department Director solely toestablish date of receipt.. Such grievance shall be presented to the Department Directorwithin three business days from the immediate supervisor'sdecision being made under step 1 ofthis section,but in any event,the grievance shall be delivered to the Department Directornolater than 21 daysof the occurrence of the event(s) which gave riseto the grievance.The Department Directorshall,within ten (10) business days after presentation of the grievance (or such longer period of time as is mutually agreed upon in writing and signed by both the employee (or employee union representative)and the Department Director),render his decision on the grievance inwriting and deliver it to the employee,or the employee union representative,by any means that provides some evidence of its delivery,such as e-mail or facsimile transmission. 3.In the event the employee is not satisfied with the disposition of the grievance in Step (2),he shall have the right to appeal the Department Director's decision to the City Manager,orhis designee,within ten (10)business days of the issuance of the Department Director's decision.Such appeal must be accompanied by the filingofa copy of the original written grievance together witha letter signed by the employee and deliver to the City Manager by any means that provides some evidence ofits delivery,such as e-mail or facsimile transmission receipt,and if delivery isby hand,itshall be signed by the Department Director solely to establish date of receipt.The employee may also opt to have the employee's union representative to request that the Department Director's decision be reversed or modified.TheCity Manager,orhis designee, shall within ten (10)business days of the appeal (or some longer period as is mutually agreed upon in writing and signed by both the employee (or employee union representative)and the Department Director))render his decision inwriting, and deliver a copy to the employee and to the employee's union organization or representative,both of which shall be deliver by any means that provides some evidence of its delivery,such as e-mail or facsimile transmission and if delivery is by hand,it shall be signed by the recipient solely to establish date of receipt. 4.Where a grievance is general in nature in that it applies to a number of employees rather than a single employee,orif the grievance is directly between the employee's(s)union organization and the City,such grievance shall be presented in writing directly to the Department Head within ten (10)business days of the occurrence of the event (s)which gave rise to the grievance.The grievance shall specify the names of the employees desiring to grieve.The class action grievance must be signed by the aggrieved employees or the President or representative of the employee union organization.Thereafter,the grievance shall be processed in accordance with the procedures set forth in Step (2)and Page10 of33 Step (3),including the requirements fordeliveryof grievances/appeals and employer decisions iL In the event a grievance processed through the grievance procedure has not been resolved at Step (3),either party may request that the grievance be submitted to arbitration withinfifteen (15)business days after the City Manager,orhis designee,renders a written decision on the grievance.The arbitrator shall 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 shalljointly request the Federal Mediation Conciliation Service (FMCS)tofurnishfive (5)names from which each party shall have the option ofstriking two (2)names in alternating fashion,thus leaving the final arbitrator who shall hear the arbitration in accordance with the FMCS rules of procedure. 6.The arbitrator will confine his 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 nor to interpret any provision that is clear or unambiguous.The arbitrator shall have no authority to consider or rule upon any matter which is stated inthis Agreement not to be subject to arbitration or which is not a grievance as defined inthis Agreement;nor shallthis collective bargaining agreement be construed by the.arbitrator to supersede applicable laws in existence at the time of signing ofthis Agreement,except to the extent as specifically provided herein. 7.Consistent with the provision of the Florida Public Employees Relations Act,Chapter 447,et seg.,itis mutually acknowledged and agreed that this collective bargaining agreement shall be administered within the amounts appropriated by the City Commission for funding of the collective bargaining agreement.Accordingly,and not withstanding any other provisions of this collective bargaining agreement,the arbitrator shall have no authority,power,or jurisdiction to construe any provisions of law,statute,ordinance,resolution,rule or regulation,orprovisionofthis collective bargaining agreement toresultin, obligate,or cause the Cityto have to bear any expense,debt,cost or liability except for the expense of arbitration,by both parties,and the economic benefits provided bythis Agreement,whichresultdirectlyorindirectly,in the City exceeding the amounts appropriated and approved by the City Commission for the funding ofthis collective bargaining agreement as agreed upon by the parties.Any such award,which contravenes or is notin compliance with the provisions of this paragraph shall be null and void. Page11 of 33 8.Each party shall bear the expense ofits own witness(es)and of its own representatives for the purpose 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 said cost. 9.The initial selection process for choosing an impartial arbitrator shall commence within ten (10)business days after the receipt of the panel from the Federal Mediation Conciliation Service and each party shall have three business days to strikea member of the panel.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. 10.No probationary employee shall be entitled to utilize the grievance/arbitration procedure herein on any matter involving discharge, suspension,demotion or other disciplinary action. ARTICLE 10 SICK LEAVE Section 1:The City agrees to institute a use ofsick leave reduction plan for employees hired before October 1,1995,with an existing cap of600 hours for the term of this Agreement,which would provide employees witha reward for unused sick leave when they retire or resign,in accordance with the following schedule: Date of hire to five(5)years of service 0% Five(5)years to ten (10)years of service.25% Ten (10)years to fifteen (15)years of service 50% Fifteen (15)to twenty (20)years of service 75% Over twenty (20)years of service 100% Section 2:Sick leave isa benefit to be used by employees when needed for illness.Sick leave is not a benefit to be used at the employee's discretion as though it were annual leave;rather,sick leave isa privilege,which shall be allowed only ina case ofillness.The employee must specifically request sick leave-use. Section 3:Effective October 1,1995,employees will be allowed to accrue sick leave in excess of the 600 hours cap. Page12 of33 Section 4:All employees who have attained asick leave balance ofa minimumof36 days (288hours)shall be eligibleontheir first anniversary date following that accumulation to convert upto32 hours oftheir annual unusedsick leave balance in excess of 288 hours to vacation leave.An employee who uses in excess of32hoursofsick leave duringa one-year period will not be eligiblefor this benefit. Section 5:Effective October 1,2001,employees covered under this Agreement,which were hiredonor after October 1,1995,shall be eligibleto receive one (1)e«additional day offfor not usingsick leave during that calendar year. ARTICLE 11 ANNUAL LEAVE Section 1:Employees shall earn and receive annual leave at their respective classified rate of pay in accordance with the following schedule: Years of Uninterrupted Service Amount of Vacation Leave One to five years inclusive 12 working days Six to fourteen years inclusive 15 working days Fifteen to nineteen years inclusive 18 working days Twenty years and over 21 working days Section 2:No vacation pay shall be allowed until an employee has worked at least one (1)continuous 12-month period.At the end of the 12- month period,the employee shall be entitled to twelve (12)working days. Section 3:It shall be mandatory for each employee to use all earned vacation time each year,on or before his next anniversary date.Everything over that will be cancelled.Under exceptional circumstances and upon written request within the year in which the vacation is due,and with the approval of the City manager,vacation time may be extended for one year only. Section 4:Vacation leave may be taken to the extent that itis earned by an employee,only with the prior approval of the department head,upon written application by the employee in advance,and at the convenience of the City. Page13 of33 Section 5:Any earned and credited vacation leave to the credit of an employee when terminating employment with the city will be paid pro-rata at the employee's current rate of pay with the last paycheck received. Section 6:Any employee covered by this Agreement who has over twenty years of uninterrupted service shall accumulate one additional day of annual leave per year of service. ARTICLE 12 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 immediate family.Two(2)additional days of leave may be granted if travel is out of state. 2.The immediate family shall be defined aswifeor husband,domestic partner, grandparents,parents,children,step children,grandchildren,step grandchildren,brothers,step brothers,sisters,step sisters,father-in-law,mother- in-laws,brother-in-law and sister-in-law. 3.Proof of death in the immediate familyin the formofa 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 13 HOLIDAYS The paid holidays listed below shall be granted under the following conditions: 1)January 1 New Year's Day 2)3rd Monday of January Martin LutherKing'sBirthday 3)3rd Monday of February President's Day 4)4th Monday of May Memorial Day 5)July4 Independence Day 6)1st Monday of September Labor Day 7)2nd Monday of October Columbus Day Holiday 8)November 11 Veteran's Day Page14 of33 9)Last Thursday in November ThanksgivingDay 10)Friday after Thanksgiving 11)!4 day December 24 Christmas Eve 12)December 25 Christmas Day When a holiday falls on a regularly assigned day offfor an employee,such employee shall be compensated by another day off. When a holiday falls on a Sunday,the following Monday shall be observed and when itfalls on a Saturday,the proceeding Friday shall be observed. Each employee shall be entitled to a day off,with pay,for his/her birthday each year,following one year of continuous employment.The day offis to be taken within a reasonable time and will be determined by the supervisor and employee.Approval/denial of the requested day off shall not he made in an arbitrary and capricious manner. Each employee shall be entitled to e two days off,with pay,as floating holidays each year,following one year of continuous employment.The supervisor must approve the day off. In order to be eligible for holiday pay,the employee must work the scheduled workday before and the scheduled workday after the holiday. ARTICLE 14 HEALTH INSURANCE TheCity agrees to pay forHMO health insurance forall 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 provide levels of dental coverage,as well as life and disability insurance.The employee agrees to pay for 100 %of dependent coverage for health and dental insurance.TheCityhas the right to change the plan designs as a management right. ARTICLE 15 HEALTH AND SAFETY Section 1:The parties agree that it is in the best interests of the City and its employees to provide safe and sanitary working conditions.TheCity and the Union insist that all employees observe the safety rules and procedures establishedby the City.Failure of employees tocomplymay result in disciplinary action.If an employee believes he is being required towork under life threatening unsafe conditions orina situation where aserious safety violation Page15 of 33 exists,he shall immediately notifyhis supervisor who will investigate the condition and take appropriate action,if necessary. Section 2:Safe Driving Awards.Any employee covered bythis Agreement who drivesor operates motor equipment twenty-five percent of the time or greaterjn the performance of their duties shall be eligible to receive a safe driving certificate and a$200 bonus in December if the employee has not had a preventable accidents/violations or chargeable accidents within that calendar year.Employees shall be held accountable for accidents that are found to be preventable.TheCity Manager or designee shall determine whether accidents were preventable. Section 3:An employee shall receive a copy of the on the Job Injury Report after the report is provided to the employee and after the employee has signed the report.Neither the City,Unionx nor any individual employee covered under this Agreement may refuse to report an injury nor prevent,hinder or otherwise discourage dissuade an employee from reporting an injury.Failure to promptly report a work related accident orinjuryshall result in disciplinary action. ARTICLE 16 UNIFORMS AND SAFETY EQUIPMENT Section 1:Safety Equipment.Employees of the applicable Department shall be issued two (2)pairs of safety shoes per employee for use at work each year.In addition to safety shoes,the following safety equipment shall also be used by unit employees as applicable:safety gloves,eye goggles,safety vests, life vests (boat),hard hats,safety harnesses,and safety belts (vehicle).Employees who sign for and receive safety equipment shall use itina safe manner,as directed by the Public WorksDirector.Employees are responsible forusing safety -equipment properly.If an injury occurs because an employee did not use safety equipment properly,the employee may be disciplined. Section 2:Uniforms:Each employee shall receive four (4)pair of pants and ten (10)work shirts,per person each year. Section 3:Gloves:Each employee shall receive two (2)pairsof gloves per year.In extreme circumstances,the Director will determine if the employee requires an additional pair during the year. Page16 of33 Section 4:TheCityshallissueto each employee covered bythis Agreement a jacket of sufficient quality to meet the safety and/or uniform needs of the Department.Furthermore,safety shoes will be replaced as necessary to maintain safety standards of the Department. ARTICLE 17 WAGES l.Upon ratification bargaining unit members shall receive cost of living adjustments based on the Consumer Price Index -All Urban Consumers 12- Month Percent Change for the Miami-Ft.Lauderdale FL area (CPI),(computed as the aggregate or prorated amount depending on the employees'date of employment,of the last 3-years of COLA,12-month average change percentage)which shall have the effect of increasing the pay for each employee to ensure employees do not lose earnings to inflation. Over the past three years the Consumer Price Index-All Urban Consumers 12- month Percent Change for the Miami-Ft.Lauderdale,FL area (CPI)has been established by the United States Department of Labor,Bureau of Labor Statistics as follows: (Annual CPI 2012)October 1,2013 -September 30,2014 =1.9% (Annual CPI 2013)October 1,2014 -September 30,2015 =1.3% (Annual CPI 2014)October 1,2015 -September 30,2016 =2.1% the projected index for the current year is: (Annual CPI 2015)October 1,2016 -September 30,2017 =0.9% Any employee employed prior to October 1,2014 shall receive a5.3%COLA increase. Any employee employed on or after October 1,2014 but prior to October 1, 2015 shall receive a 3.4%COLA increase. Any employee employed on or after October 1,2015 but prior to October 1, 2016 shall receive a 2.1%COLA increase. 2.Effective October 1,2016,and each year thereafter,bargaining unit members shall receive a cost ofliving increase,based on the Consumer Price Index -All Urban Consumers 12-Month Percent Change for the Miami-Ft.Lauderdale FL area (CPI)whichshall have the effect of increasing the pay for each employee,unless the CPI is zeroor is negative,which shall then have no decreasing effect on the employee's pay unless the CPI forthe previous year Page17 of33 or an average of the last 2 years exceeded 3%or the CPI increase shall not exceed 3%each year. Any employee employed on or after October 1,2016 but prior to October 1, 2017 shall receive an additional 0.9%COLA increase. ARTICLE 18 LONGEVITY BONUS Employees covered by this Agreement with 10 years of continuous satisfactory full time service shall receive a longevity bonus of3%of the employee's base salary on their anniversary date (Longevity 1).After 15 years of continuous satisfactory full time service an additional 3%longevity bonus will be compounded (Longevity 2).After 20 years of continuous satisfactory full time service an additional 3%longevity bonus will be compounded (Longevity 3). After 25 years of continuous service with the City,all bargaining unit employees who are employed in positions covered bythis Agreement shall receive an additional longevity bonus,which is3%of their salary compounded (Longevity 4). ARTICLE 19 PERFORMANCE EVALUATION During the term of this Agreement,all employees shall be evaluated on their anniversary date (or as close thereto as possible.All newly hired employees will have a one-year probationary period.Should an employee covered hereunder reach the top of the salary range inhis job classification,he shall be "red-lined"and shall not be eligible for any increases.Any employee receiving an overall evaluation of improvement needed or unsatisfactory shall be reevaluated within no more than ninety (90)days from the first evaluation.The anniversary date for future evaluations shall continue being the employee's anniversary hired, or rehired,date. In the event that the employee remains unsatisfactory after the second evaluation,the City Manager may take such further action,as he deems appropriate to improve the performance and a third reevaluation shall be conducted within no more than ninety (90)days from the issuance of the second evaluation. If the employee remains unsatisfactory after the third evaluation,the City Manager may terminate the employee. Page18 of33 In the event that an employee is dissatisfied withaless than satisfactory evaluation,the employee may,withinfive (5)working days of receiving his evaluation,filea written appeal to the City Manager or his/her designee.TheCity Manager or his/her designee shallholda meeting with the employee and a union representative if desired and shall thereafter issue his/her decision.TheCity Manager's decision regarding the contents of the performance evaluation and the employee's employment status shall be final and binding and shall not be subject to review,grievance,or any legal action withina court of competent authority. All newly hired employees will be given an interim evaluation after six(6) months. ARTICLE 20 CLASSIFICATION APPEAL Section 1:Whenever an employee has reason to believe that he/she is misclassified,he/she may apply fora review of his/her classification by submitting such a request in writing to his/her Department Director.The request shall include proposed job description.Within20 calendar days of receipt of the request,the Department Director shall forward the request,with any comments that the Department Director wishes to make,to the City Manager. Section 2:Within 30 days of receipt of the request for reclassification,the City Manager or his/her designee,shall meet with the employee (and,if the employee requests,a representative of his/her choosing).At the meeting,the employee may produce any documents to support his/her request for reclassification.Within30 calendar days of such meeting,the City Manager shall render his decision in writing. Section 3:If the City Manager or designee determines that an employee is misclassified,the employee shall be placed ina current appropriate classification (as determined by the City Manager or designee),unless the City Manager or designee determines that there is no existing appropriate classification.In such cases,the City Manager shoW may recommend to the City Commission that a new classification,job description,and pay range be adopted.Failureof the City Commission to approve the City Manager's recommendation shall not bind the City to any further action.In the event that a request for reclassification is granted,the employee shall receive the new compensation beginning with the date of the City Manager's or designee's decision. Page19 of33 Section 4:TheCity Manager's or designee's decision regarding the classification determination shall be final and is not grievable. Section 5:Employees may not submit a request for reclassification more than once every twelve (12)months. ARTICLE 21 SERVICES TO THE UNION Section 1:TheCity agrees to furnish the Union,once a year,one copy of the following regarding employees in the bargaining unit,provided the employee delivers to the City a written consent to the dissemination of the information described in section 1 .a.,below,to the Union: a)Alistof their names,addresses,classifications,and social security numbers;and b)Alistof employees by occupation. Section 2:The City will furnish the Union with sufficient bulletin board space for up to four (4)Union notices,size 8-1/2 X14 at the following two (2)locations: Public Works and the employee lounge.Itis intended for the purpose of interpretation that the bulletin boards shall be provided primarily for employee information and internal communications and not for the primary purpose of communicating with the general public.The Department Director must first approve anything that the Union wishes to post on the bulletin board. Section 3:During group orientations of new employees within the AFSCME bargaining unit,the Union shall be given an opportunity,in the presence of the Personnel Manager,and if available the applicable Department Director,to introduce (or have introduced)one of its Local Representatives who may speak briefly to describe the Union,participation in negotiations and general interest in representing employees. ARTICLE 22 CALL BACK Employees called back to work after one hour from their normal tour of duty shall be guaranteed a minimum of three (3)hours pay,of which shall be considered hours worked for the purpose of determining overtime compensation, providing such work does not immediately precede or immediately extend the employees regularly assigned work shift. Page20 of33 ARTICLE 23 SEVERABILITY CLAUSE Should any provisionofthis collective bargaining agreement,or any part thereof be rendered or declared invalidby reason of any existing or subsequently enacted legislation,orby any decree ofa court of competent jurisdiction,all other Articles and Sections,and parts thereof,ofthis Agreement shall remain in full force and effect for the duration ofthis Agreement. ARTICLE 24 PERSONNEL RULES AND REGULATIONS The Personnel Rules and Regulations of the Cityof South Miami as published in the City's Personnel Manual (Employee Policies and Procedures Manual)are hereby incorporated into this contract inits entirety. ARTICLE 25 COMPLETE AGREEMENT AND WAIVER OF BARGAINING Section 1:Itis agreed and understood that this Agreement constitutes the complete understanding between the parties,concluding all collective bargaining during its term,except as may otherwise be specifically provided herein.The entire Agreement may be reopened for negotiations in the event any portion ofitis not approved by the City Commission of South Miami,or funds are not available for its implementation. Section 2:It is understood and agreed that if any part ofthis Agreement is in conflict with mandatory Federal or State Lawsor mandatory provisions of the City Charter or Ordinances,such parts shall be re-negotiated and the appropriate mandatory provisions shall prevail. ARTICLE 26 PROHIBITION AGAINST REOPENING OF NEGOTIATIONS Except as specifically provided herein,neither party hereto shall be permitted to reopen or renegotiate this Agreement or any part ofthis Agreement unless the City declares a state of financial urgency.This Agreement contains the entire agreement of the parties on all matters relative to wages,hours, Page21 of33 working conditions,and all other matters,which have been,or could have been negotiated by and between the parties priorto the execution ofthis Agreement. ARTICLE 27 RULES AND REGULATIONS Section 1:Itis agreed and understood that the City has Rules and Regulations governing employment.SaidRules and Regulations shall be formulated,amended,revised and implemented in the sole and exclusive discretion of the City,provided,however,that said new,amended,revised,and implemented rulesor regulations will be neither arbitrary nor capricious. Section 2:TheCityshall provide a copy of any new ruleor regulation,as well as any amendment or revision to aruleor regulation to the Union.Saidrules or regulations will be provided prior to their effective date,if possible.As provided in Section 1,the Rules and Regulations will be formulated,amended, revised and implemented in the sole and exclusive discretion of the City. However,the Union may submit a written request to bargain over the impact of the new and/or revised ruleor regulation within fourteen (14)calendar days from receipt of the rule or regulation.TheCity agrees that it will immediately participate in requested impact bargaining,provided that the effective date of the revised rule or regulation will not be delayed by the impact bargaining. ARTICLE 28 EMPLOYEE AND UNION COOPERATION TheUnion agrees that it and all of the members of the bargaining unit will, at all times,work in the best interests of the City and further,will perform efficient work and put forth their best efforts toward obtaining lowest possible operating costs to protect the properties and serve the best interests of the City and its residents. 1.Accretion: The Employer shall promptly notify the Unionwithin fifteen (15)days ofits decision to implement any and all new classifications pertaining to work ofa nature performed by employees within the bargaining unit.If the new classification isa successor title to a classification covered by this Agreement and the job duties are not significant altered or changed,the new classification shall automatically become a part of this Agreement.If the new classification contains a significant part of the work now being done by any of the classifications covered by this Page22 of33 Agreement,or whose duties are similar to other bargaining unitEmployees,the new classification shall automatically become a part ofthis Agreement.If the new classification contains work that the Employer deems new and non-union, the parties will jointlydiscuss the position,the reasons for the Employer's determination,and attempt to reach agreement on the status of the new or revised job.If no agreement is reached the issueshall be submitted to arbitration. 2.Information Provided to the Union: The Employer shall provide,upon written request of the Union,for each employee in the bargaining unit represented by the Union,in Excel format: 1.Name 2.Home address 3.Home phone number 4.Department 5.Position Classification 6.Starting Date 7.Hourly wage TheUnion may present a written request for employee information twice every calendar year. 3.PEOPLE Deduction: The Employer agrees to deduct from the wages of any employee who isa member of the Uniona PEOPLE deduction as provided forina written authorization.Such authorization must be executed by the employee and may be revoked by the employee at any time bygiving written notice to both the employer and the union.TheEmployer agrees toremit any deductions made pursuant to thisprovision promptly to the union together with an itemized statement showing the name of each employee from whose pay such deductions have been made and the amount deducted during the period covered by the remittance. ARTICLE 29 VEHICLE AND EQUIPMENT ABUSE Page23 of33 If an employee abuses vehiclesor equipment,the employee will be subject todisciplinein accordance with the Discipline policysetforthin the Employee Policies and Procedures Manual(PersonnelManual). ARTICLE 30 OFF DUTY EMPLOYMENT Employees shall be permitted toworkoff duty jobs with the prior approval of the City Manager.Off duty jobs that have hours that conflict with the employee's regular shift,that present conflicts of interest,etc.shall not be approved.However,approval ofoff-duty employment shall not be unreasonably withheld. ARTICLE 31 DRUG AND ALCOHOL TESTING Section 1:TheCity and the Union recognize that employee substance and alcohol abuse has an adverse impact on City government,the image ofCity employees,the general health,welfare and safety of.employees,and to the general public at large. Section 2:Using,selling,possessing or being under the influence of drugs or controlled substances while at work is prohibited.Employees are further prohibited from consuming alcohol and drugs (other than drugs/narcotics prescribed by a Florida licensed doctor)while on duty and/or abusing alcohol and/or drugs off duty to the extent that such use and/or abuse tends to have an effect upon the performance of their job functions. Section 3:The City may require any employee to submit to a blood analysis,urine analysis,and/or intoxalyzer,when it has a reasonable suspicion that an employee is under the influence of or using alcohol or drugs (other than drugs/ narcotics prescribed by a Florida licensed doctor)and/or when an employee is involved in an accident (i.e.,automobile or an incident that causes injury to persons or property damage). Section 4:All bargaining unit employees covered by this Agreement have agreed to submit to random drug/alcohol tests.Employees will be selected at random and without prior notification for alcohol and drug testing.Random drug/alcohol testing may occur not more than twice per employee per year. Page24 of33 Section 5:The parties agree that an employee's refusaltosubmittodrugor alcohol testingin accordance with the provision ofthis Article may result in disciplinary action being taken against the employee upto and including dismissal. Section 6:At the conclusion of the drug and/or alcohol testing,the City may take whatever action,ifany,it deems appropriate.In the event that said action isin the form of discipline,the employee may grieve said disciplinary action through the contractual grievance/arbitration procedure. Section 7:Itis further understood and agreed that allissues pertaining to Drug and Alcohol Testingshall be governed byCityof South MiamiDrug and Alcohol Free Workplace Policy and Personnel Rules and Regulations set forthin the Employee Policies and Procedures Manual. ARTICLE 32 COURT TIME Any employee who is subpoenaed to testify at a court trialina matter arising out of the performance of his/her official job duties,or who is required to serve on a State of Florida or federal court jury,will be paid his/her straight time rate for each scheduled work day lost,minus any compensation received from the court or witness fees.Employees released by the court shall report back to work,unless they are relieved within two (2)hoursof the end of the employee's shift.Upon return to work,employees shallfurnish evidence of time release to the Personnel Office. ARTICLE 33 LAYOFF AND RECALL Section 1:Alayoffshall be deemed to have occurred when the City, withinitssole discretion,announces that it is layingoff employees for lack ofwork or lack of allocated funds. Section2:TheCity agrees to notify the Union of the names of employees being laid-off at the same timenotice is provided to the affected employees or immediately thereafter. Section3:TheCity Manager or his designee shall designate thejob classificationsinwhich the layoffs shall occur and the number of employees within Page25 of33 each classification to be laidoff.Employees covered under this Agreement shall be laidoffby job classification and,within each classification,byCity employment seniority.However,no regular full-time employee shall be separated from his/her classification while there are emergency,provisional,probationary, part-time,or temporary employees in the classification inwhich the layoff(s)is occurring. Section 5:Any employee covered by this Agreement who is affected by alayoff may be considered to displace any employee withlessCity employment seniorityin any lower rated classification covered bythis Agreement,provided that said employee is immediately qualified to perform the necessary services to be performed in that lower rated classification.TheCity manager and/or the Personnel Manager shall determine lower rated classifications and whether the affected employee is immediately qualified to perform the necessary services to be performed in that lower rated classification.Such determinations shall be made in the sole discretion of the City Manager and/or the Personnel Manager and shall be final and binding.When an employee elects to "bump"intoa lower rated classification,said employee will be paid the rate of pay of that lower rated classification. Section 6:Employees who have been laid off will have the recall rights to the position they were laid off or into a lower rated classification covered by this Agreement,provided that the employee is immediately qualified to perform the necessary services under the employee classification orjn the lower rated classification fora period of time not to exceed twenty-four (24)months, should the position become available.All employees who are recalled shall be required to pass a physical examination and a drug test prior to being authorized to return to work. Employees on layoff shall be responsible to keep on file with the City Manager's office the employee's current address.If an employee on layoff fails to keep his/her current address on file as provided herein,the employee shall forfeit all recall rights.Employees entitled to recall shall be notified ofa vacancy by certified mail not less than seven (7)calendar days prior to the date the employee is to report to work.A copy of the recall notice shall be sent to the Union.A recalled employee shall be considered to have voluntarily resigned if he/she fails to accept employment within fourteen (14)calendar days after the notification is mailed by the City orfails to report to work as instructed.Thereafter, the provisions of this Agreement notwithstanding,the City will owe no further obligation to the employee. Page26 of33 Section 7:An employee onlayoff status does not accrue seniority but does retain his/her accumulated seniorityuntil recall.If recalled,the employee again begins to accrue seniority. ARTICLE 34 REPRESENTATION DURING NEGOTIATIONS Section 1:The bargaining team for each party shall consist of not more than four (4)persons.TheUnion will furnish the Citywitha written list of its bargaining team prior to the first negotiation meeting. Section 2:Prior to the first negotiation meeting,the Unionshall designate up to two (2)unit employees who will be paid their regular rate of pay for attending negotiations during work hours.Such pay shall not exceed twenty (20) hours in each fiscal year. ARTICLE 35 EMERGENCIES Section 1:TheCity Manager shall have the right,inhis sole and exclusive discretion,to determine if and to what extent an emergency situation existswith respect toCity property and/or to the citizensof the City.Immediately after making such determination,the City Manager's office shall notify the Union of the decision,and,to the extent possible,the length oftime the emergency condition is expected to continue. Section2:During the declared emergency,all provisions of this Agreement may be suspended.Any provision so suspended will be reinstated uponorderof the City Manager after the emergency has ended. Section3:Disputes concerning the Agreement arising duringthe declared emergency shallnot be subject tothe grievance and arbitration procedure except disputes concerning salary and wages. ARTICLE 36 LABOR-MANAGEMENT COMMITTEE There shall be aLabor-ManagementCommittee consisting ofnomore thantwo management representatives designatedbythe City Managerandno more than two bargaining unit employees appointed by the President of the Page27 of33 Union.The Labor-Management Committee shall meetas mutually agreed upon by the participants. Thesolefunctionof the Committee shall be todiscuss general matters pertainingto employee relations(e.g.,safety issues).Thus,the parties agree that the purpose of the Committee shallnot be todiscuss grievances or matters which have been the subject of collective bargaining.Each bargaining unit Committee member shall be paid hisor her regular salary for attendance at Committee meetings during the bargaining unit member's regular workhoursnot to exceed two (2)hours. ARTICLE 37 RETIREMENT BENEFITS Section 1.All new employees who are hired by the Cityof South Miami on or after October 1,2011,will not be eligible to participate in the City's General Employees Pension Plan.All new employees hired on or after October 1,2011 will join the ICMA-RC defined contribution (DC)457 plan. Section 2:City employees are NOT required to contribute to the DC457, however the City will match the employee's percentage of contribution up-to a maximum of seven percent of base salary in an ICMA-RC 401a plan.Employees will be eligible to change their respective ICMA-RCDC 457 contribution percentage annually during the City's open enrollment process. Section 3:All employees hired on or before September 30,2011 will have a one-time option to either remain in the City's General Employees Pension Plan or elect to discontinue membership. Section 4:For employees to choose to discontinue membership in the City's General Employees Pension Plan,employees must provide inwriting no later than November 30,2011 to the City's Human Resources Department,a letter stating their choice to discontinue membership in the City's General Employees pension plan.The letter must state the respective percentage the employee is wishingto contribute towards the ICMA-RC 457 which shall be effective until September 30, 2012.The effective date of the change is on the first pay period in January 2012 . Section 5:Should an employee choose to discontinue membership in the City's General Employees Pension Plan,the employee will be provided the contribution which they respectively contributed through their employment in the Page28 of33 City's General EmployeesPensionPlan and may rollover such amount into the newly established ICMA-RC457 plan. Section 6:Notwithstanding sections1through5 above,any employee who is participating in the ICMA-RC defined contribution (DC)457 planonthe date the 2016 -2019 Agreement is ratified,and all employees hiredonor after that date, will be givenaone-time,irrevocable election to participate in one of the following retirement plan options: Option 1:New second tierof the City General Employees PensionPlan,which shall contain the following provisions: a.Full vesting upon completion of ten (10)years of credited service. b.Future service benefit multiplier is 1.60%. c.Final Average Compensation will be the average of the highest eight (8)years of compensation. d.Normal Retirement Date is the earlier of (a)age 65 and completion of ten (10)years of credited service;or(b)completion of thirty-three (33)years of credited service. e.The employee contribution will be three percent (3%)of compensation, f.No cost-of-living adjustments will be provided. Option 2:Defined contribution plan with the following provisions: a.Employees are required to contribute 3%of compensation. b.City will contribute 7%of compensation. c.Employees will be fully vested after one year of service. Employees who are participating in the ICMA-RC defined contribution (DC)457 plan on the date the 2016 -2019 Agreement is ratified,and would like to join the new second tier plan,must make the irrevocable election within 90-days after the Page29 of33 adoption of the new pension ordinance creating the new second tier pension plan. Theexisting Defined Contribution Plan will not be offered to any new hires,and it will be frozen forall persons who are presently init and elect to join any of the options of thesecond tier pension plan. Section 7:Notwithstanding section 9(d)below,effective on the date the 2016 -2019 Agreement is ratified,the employee contribution for employees who are participating inCity General Employees Pension Plan on that date will be capped at 10%of compensation. Section 8.Forall AFSCME bargaining unit members who have become employed since the date of the closing of the Plan,the following will apply.The employees will be given an opportunity to buy-back any and all years of service, up-to the number of years they have worked at the City at any time while employed at the City ina position eligible for participation in the Plan.Employees must pay the full actuarial cost of the service they buy back,and such buy-back will be at the employees sole expense,as calculated by the Retirement Plan's actuary. Section 9:The following changes in the pension are as follows (historical a.Effective October 1,1995,the benefit accrual rate (multiplier)shall be *increased from 1.6 to 1.8 %. b.Effective October 1,1996,the benefit accrual rate (multiplier)shall be increased from 1.8 to 2.0%(historical data). c.Effective October 1,1997,the benefit accrual rate (multiplier)shall be increased from 2.0 to 2.25%(historical data). d.Effective October 1,1998,the benefit accrual rate (multiplier)shall be increased from 2.25 to 2.5%(historical data). e.Effective October 1,1999,the benefit accrual rate (multiplier)shall be increased from 2.5 to 2.75%(historical data). f.Effective October 1,2011,the benefit accrual rate (multiplier)shall be reduced from 2.75%to 2.25% data): Page30 of33 Section 10:Thefollowing changes are applicable toall covered employees who elect to continue in the General Employees'Pensions Plan (these changes have already been implemented): a.The definition ofFinalMonthly Compensation (FMC)is changed forfuture benefit accruals to the average of the finalsixty(60)months of basic compensation but not less than current Final Monthly Compensation as of September 30,2011.Basic compensation excludes commissions,overtime pay,bonuses and any other forms of additional compensation outside of base wages. The current accrued benefits of General Employees are frozen and payable under the current terms of the Plan at the currently defined normal retirement date -the later of attainment of age fifty-five(55)and completion of ten (10)years of credited service.Existing employees will continue to be eligible to retire at the age of 55 and obtain their respective full pension benefits accumulated up-to the date of the newly approved pension Ordinance revising the normal retirement age as set forth below.Future benefit accruals,including increases due to increases inFMC, will be payable at the proposed new normal retirement date -the later of attainment of age sixty(60)and completion of ten (10)years of credited service. The supplemental benefit Cost ofLiving Adjustment (COLA)for General Employees (eligible retirees and/or beneficiaries)is eliminated for future benefit accruals, including increases in the current accrued benefit due to increases inFMC.General employees will receive the supplemental benefit on their current accrued benefit. Page31 of33 Should the total contribution be actuarially determined to exceed 14%,both the City and the employees will share equally the excess amount (e.g.,should the total contribution be actuarially determined to be 16%,the Cityshall contribute a total a8.00%and the employee- shall contribute a total of8%.For full text,please see Ordinance 16-08-1951 titled Pension Plan. ARTICLE 38 WORK IN HIGHER CLASSIFICATION An employee who is authorized by the Department Head to temporarily assume the duties ofa higher pay status classification for three (3)or more consecutive work days will receive afive percent (5%)increase of the base for the actual time worked in the higher classification after the above-referenced three (3)consecutive work days. ARTICLE 39 TERM OF AGREEMENT AND REOPENING Section 1:This Agreement,having been ratified by the City Commission of the CityofSouthMiami and Local3294,American Federation of State,County, and Municipal Employees,AFL-CIO,shall be operative and effective as of its date of execution,and shall continue until June 21,2019^ Section 2:Either party may require,by written notice to the other,between April 1st2019 and not later than June 1st 2019,discussions concerning modifications ofthis Agreement on non-financial issues,one issue chosen by the Union,and one issue chosen by the City.If neither party shall submit such written notice during the indicated period,this Agreement shall automatically be renewed,inits entirety,for the following fiscal years thereafter. THIS>GRE£MENT signed this l^cJay of CmU .2016. CITY OFSQJUTHMIAMI Date:~S ~*f *~f & Page32 of33 Steven At By; •ttorney .1 for?\"'{/H&n&tjte.^HaifaCM.Mfen^nde-z',City Cl^rk Date: 7//9//fc T American Federation of State,County araa"Municipal Employees. AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEE axK^sy^^ refMoses,AFSCME President 4- Date: We/in EsfcL AFSCME In-House Counsel Date:~7 l/§//jh Page33 of33 SUNDAY JULY32016 MIAMIHERAL0.COM NEIGHBORS 29SE CCITY OF SOUTH MIAMI COURTESY NOTICE AND MEETING DATE CHANGE NOTICE IS HEREBY given thattheCity Commission oftheCityof SouthMiami,Floridawillconduct Public Hearing(s)atits regular City Commissionmeeting scheduled for Tuesday,July12,2016,beginning at7:00 p.m.,intheCityCommissionChambers,6130SunsetDrive, toconsiderthefollowingitem(s): /A Resolution approving and authorizing the City Manager to execute the June \ 22,2016 to September 30,2019 Agreement between the American Federation J /ofState,County and Municipal Employees CAFSCME").Local 3294 and the / f City OfSouth Miami / *•A Resolution authorizing the City Manager to*negotiateandenter into an agreementwithBrown&BrownofFlorida.Inc..forinsurancebrokerage service?foraninitialtermofthree(3)yearsandone(1)Two-yearoptionto renewforatotal term of five (5)consecutiveyears. AResolutionauthorizingtheCityManagertoenterintoa three-year agreement with FPL Fibernet toincrease existing internet bandwidth capacityatCity Hal). AResolution authorizinglhe City Manager tonegotiateandenterintoa contract, fora term nottoexceed five (5j consecutive yenrs,withCalvin,Giordano &- Associates,Inc.forthecompletionof the ComprehensivePlanandLand Development Coderevision. An Ordinance AmendingtheOfficialZoningMap,asauthorizedbySection 20-3.1(C).andotherapplicableprovisions,amendingthedesignationofthe Marshall"WilliamsonpropertylocatedsouthofSW64thTerraceapproximately betweenSW60thAvenueandSW 61st Court,fromSingle-FamilyResidential District RS-4 to RT-9. An Ordinance AdoptingaSmallScale Amendment totheFutureLandUse MapoftheComprehensivePlan,amendingthedesignationoftheMarshall WilliamsonpropertylocatedsouthofSW64thTerraceapproximately betweenSW60thAvenueandSW61stCourt,fromSingleFamilyResidential (Two-Story)toTownhouse Residential (Two-Story) NOTICE IS HEREBY alsogiventhattheregularmeetingdateofTuesdayJuly 5;2015 hasbeenchangedtoTuesdayJuly 12,2016 ALLinterestedpartiesareinvitedtoattendandwillbeheard. Forfurtherinformation,pleasecontacttheCity Clerk's Officeat:305-663-6340. Maria M.Mcnendez,CMC CityClerk PursuanttoFlorida Statures 286.0105.theCityherebyadvisesthepublicthat if a person decides toappealanydecision made bythis Board Agency orCommission with respecttoanymatter considered ai itsmeetingor hearing,heorshe will needarecordofthe proceedings,andthatfor such purpose*affectedpersonmayneed to ensure tliat averbatimrecordoftheproceedingsis made whichrecordincludes the testimonyandevidenceuponwhichtheappeal is to be based. Public Notice MIAMI-DADECOUNTYHOMELESS TRUST REQUEST FOR APPLICATIONS (RFA)FOR INCLUSION IN THE 2016 USHUDNOTICEOFFUNDING AVAILABILITY (NOFA),CONTINUUM OF CARE PROGRAMS Miami-Dade County,throughthe Miami-Dade County Homeless Trust (Homeless Trust),is requesting applications from homeless providers andother qualified entities interested in applying for support services,housing andother eligible activities benefiting the homeless.Theprojectsbeingsoughtaspartofthis solicitation are contingent onthe Homeless Trustbeingawardedfundsthrougha Collaborative Application.Collaborative Applications will be submitted tothe United States Department of Housing and Urban DevelopmentJUSHUD)In response toits Notice ofFunding Availability (NOFA).Programs currently fundedthroughthe USHUD Homeless Continuum ofCareprogramswithfunding expiring in 2017,projectsseekingnewbonus funding,andprovidersinterestedinserving asthenewprojectsponsorforthePartnersfor Homes program awardedaspartofthe 2015 NOFA competition mustbeapartofthis competitive processfor funding.Copies of the Request for Applications packageare available forpickup beginningat9:30a.m. June 27,2016 at: Miami-DadeCountyHomelessTrust 111N.W.1st Street,27thFloor,Suite 310 Miami,Florida33128 (305)375-1490 A Pre-Application Workshop will beheldon July 5,2016,beginning at 10:00a.m.at theStephenP.Clark Center,111 MW 1stStreet,Miami,FL33128.18th floor,room 18-4. Attendance atthe Pre-Application Workshop isnot required butisstronglyrecommended. Weinvite currently fundedandnewpublicandprivatehomelessnon-profit providers,and government agencies,to review this RFA and apply torenewexisting projects orsubmit an application foranew project(s).AbriefTechnical Assistance sessionwillbe provided fornew provider agenciesatthe conclusion ofthe Pre-Application Workshop.THIS RFA IS SUBJECT TO THE CONE OFSILENCE,COUNTY ORDINANCE 98-106.inorderto maintain afairandimpartialcompetitive process,the County canonlyanswerquestionsatthePre- Application Workshop andmustavoidprivatecommunications withprospectiveapplicants during the application preparation and evaluation process.Pleasecontactthe Homeless TrustiftheRequestfor Application documentsare required inan alternative format or language.ThedeadlineforsubmissionofapplicationsisJuly 28,2016,at2:00p.m. AllresponsesmustbereceivedattheClerkoftheBoardofCountyCommissioners onthe17thfloorofthe Stephen P.ClarkCenter,111 N.W.1st Street,Miami,FL33128. Miami-Dade County isnot liable foranycostincurredbytheapplicantin responding to theRequestfor Applications,andwereservetherightto modify oramendthe application deadlinescheduleifitisdeemednecessaryorintheinterestof Miami-Dade County. Miami-Dade County alsoreservestherighttoacceptorrejectanyandall applications,to waive technicalities or Irregularities,andtoaccept applications thatareInthebestinterest of Miami-Dade County.Miami-Dade County provides equalaccessand opportunity in employment and services anddoesnot discriminate onthebasisofage,gender,raceor disability.PLEASE NOTE:IF YOU ARE SEEKING AFFORDABLE HOUSING,PLEASE GO TO;htto;//W^W,miamitfafJe.qpv/hppsipg/affortable-hQuginq-resQtfrcgS,asp mammy^mmmi^ MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday.Sunday and Legal Holidays Miami,Miami-DadeCounty,Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Beforethe undersigned authoritypersonallyappeared MARIAMESA,whoonoath says that heor she istheLEGAL CLERK,LegalNoticesoftheMiamiDailyBusinessReview f/k/a MiamiReview,adaily(exceptSaturday,Sundayand Legal Holidays)newspaper,published atMiamiin Miami-Dade County,Florida;thatthe attached copyof advertisement, being a Legal Advertisement of Notice in the matter of NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI-AND MEETING DATE CHANGE - JULY 12,2016 in the XXXX Court. was published in said newspaper inthe issues of 07/01/2016 Affiantfurther says thatthesaidMiami Daily Business Reviewisa newspaper published atMiami,insaid Miami-DadeCounty,Florida andthatthesaidnewspaperhas heretofore been continuously published in said Miami-Dade County,Floridaeachday(exceptSaturday,Sundayand Legal Holidays)and has been entered as second class mail matter atthepostofficeinMiami in saidMiami-DadeCounty, Florida,foraperiodof one yearnextprecedingthefirst publicationofthe attached copyof advertisement;andaffiant further says thatheorshe has neither paid norpromisedany person,firmor corporation any discount,rebate,commission or refund'for thepurp^s^of securing this advertisement for publication \njfa€j&ti&n&w$p$per. (SEAL) MARIA MESApersonallyknowntome RHONDA M PELTIER :*&q-£:MY C0WMISSI0N «FF231407"^ffi^eXPiBKS May 17 2019 i4L7?Z<i!l-i;'t';.Horid.iNaa^Sc.-feu -&«• CITY OF SOUTH MiAGUH &30T6CE OF fHJB&JC HEARING Mm H1EET1N6 DATE CHANGE NOTICEISHEREBY giventhattheCityCommissionoftheCityofSouth Miami,Florida will conductPublicHearing®-atitsregularCityCommission meeting scheduled forTuesday,July12,2016,beginningat7:00p.m.,in theCityCommissionChambers.6.130SunsetDrive,to consider the followingitem(s): •r A Resolution approving and authorizing the City Manager to execute the June 22,2016to September 30,2019 Agreement betweenthe American Federation of State,County and Municipal Employees ("AFSCME"),Local3294andtheCityOfSouthMiami. AResolutionauthorizingtheCityManagerto negotiate and enterinto an agreement withBrown&BrownofFlorida,Inc.,forinsurance brokerage servicesforan .initial termofthree(3)years and one (^.two- year option to renew for a total term of five (5)consecuiive years.• AResolutionauthorizingtheCityManagerto enter intoathree-year agreement withFPL.Fibernettoincreaseexisting internet bandwidth capacity atCityHall. AResolutionauthorizingtheCityManagerto negotiate andenterinto a contract,foraterm not to exceed five (5)consecutive years,with Calvin,Giordano.&Associates,Inc.for the completion of the Comprehensive PlanandLand Development Code revision. An Ordinance AmendingtheOfficialZoningMap,asauthorizedby Section 20-3:1 (C),and other applicableprovisions,amendingthe designation oftheMarshallWilliamson property located south ofSW 64th Terrace approximately,between SW60thAvenueandSW61si Court,from Single-Family Residential District RS-4 toRT-9. An Ordinance AdoptingaSmallScaleAmendmenttotheFutureLand UseMapoftheComprehensivePlan,amendingthedesignationofthe MarshallWilliamson property located south ofSW64thTerrace approximatelybetweenSW60thAvenueandSW 61st Court,from Single Family Residential ffwo-Story)to Townhouse Residential (Two-Story). NOTICEIS HEREBY alsogiven that theregular meeting date ofTuesday, July 5,2015 hasbeenchangedtoTuesdayJuly 12,2016 ALLinterested partiesareinvitedtoattendand will be heard. Forfurtherinformation,pleasecontactthe City Clerk's Office at:305-663-6340. MariaM.Menendez,CMC CityClerk Pursuant toFlorida Statutes 286.0105,theCityhereby advises thepublic thatifapersondecidesto appeal anydecisionmadebythisBoard, AgencyorCommission'with respect toanymatter considered at its meetingorhearing,heorshewillneedarecordoftheproceedings,and thatforsuch purpose,affected.person mayneedtoensurethata verbatim recordofthe proceedings is made which,record includes the testimony andevidenceuponwhichtheappealistobebased. ( 7/1 16-106/00001P9m7M