14To:
From:
Date:
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Request:
Background:
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
July 12, 2016
Contract between the City of South Miami and AFSCME.
Agenda Hem NO"f.!j
A Resolution approving and authorizing the City Manager to execute the June 22, 2016 to
SepteA'l~eF ~g !une 21, 2019 Agreement between the American Federation of State, County
and Municipal Employees ("AFSCME"), Local 3294 and the City Of South Miami.
To approve a three (3) year agreement between the AFSCME Collective Bargaining Union and the
City of South Miami.
This Agreement is entered into by the City of 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 of a three-year
Collective Bargaining 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 and look forward to an enhanced relationship with them as a 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 BOLDi
ARTICLE 9 GREIVANCE AND ARBITRATION PROCEDURE
Added language Section 2: Should the grieving party fail to observe the time limits as set out in
the steps of this Article, his/her grievance shall be 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, shall be
reduced to writing by 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, it shall be signed by the Department Director solely to establish date
of receipt. Such grievance shall be presented to the Department Director within three business
days from the immediate supervisor's decision being made under step 1 of this section, but in
any event, the grievance shall be delivered to the Department Director no later than 21 days of
the occurrence of the event(s) which gave rise to the grievance. The Department Director shall,
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 in writing
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.
Added language Number 3: and deliver to the City Manager by any means that provides some
evidence of its delivery, such as e-mail or facsimile transmission receipt, and if delivery is by
hand, it shall 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. The City Manager, or his 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 in writing, 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.
Added language Number 4: Including the requirements for delivery of grievances/appeals and
employer decisions
Number 5: However, in the event the Pllrties are unable to agree upon said impartial arbitrator,
the parties shall jointly request the Federal Mediation Conciliation Service (FMCS) to furnish
seven (7) names from which each party shall have the option of striking two (2) names in
alternating fashion, thus leaving the seventh (7th) named arbitrator who shall hear the
arbitration in accordance with the FMCS rules of procedure.
Added language Number 6: Nor to interpret any provision that is clear or unambiguous.
Number 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 American Arbitration
Association and each party shall have three business days to strike a member of the panel.
ARTICLE 13 HOLIDAYS
A new holiday has been added to the list of holidays, Columbus Day Holiday.
ARTICLE 17 WAGES
The following language was added to the proposed CBA which was approved by the Union on
June 21, 2016.
1. 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 before October 1, 2014 shall receive a 5.3% 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 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 on or after October 1, 2016 but prior to October 1, 2017 shall receive
an additional 0.9% COLA increase.
ARTICLE 21 SERVICES TO THE UNION
Added language Section 1: The City 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:
Added lanJluae:e 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 24 PERSONNEL RULES AND REGULATIONS
The Personnel Rules and Regulations of the City of South Miami as published in the City's
Personnel Manual (Employee Policies and Procedures Manual) in its 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 is a 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 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. If no 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, in Excel 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 of any employee who is a member of the Union
a PEOPLE deduction as provided for in a 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 pay such deductions have been made and
the amount deducted during the period covered by the remittance.
ARTICLE 29 VEHICLE AND EQUIPMENT ABUSE
If an employee abuses vehicles or equipment, the employee will be subject to discipline in
accordance with the Discipline policy set forth in the Employee Policies and Procedures Manual
(Personnel Manual).
ARTICLE 31 DRUG AND ALCOHOL TESTING
Section 7: It is further understood and agreed that all issues pertaining to Drug and Alcohol
Testing shall be governed by City of South Miami Drug and Alcohol Free Workplace Policy and
Personnel Rules and Regulations set forth in the Employee Policies and 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) 457 plan on the date the 2016 -2019
Agreement is ratified, and all employees hired on or 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 City General Employees' Pension Plan, which shall contain
the following provisions:
a.
b.
c.
Full vesting upon completion often (10) years of credited service.
Future service benefit multiplier is 1.60%.
Final Average Compensation will be the average of the highest eight (8)
compensation.
years of
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 adoption of the new pension
ordinance creating the new second tier pension plan.
The existing Defined Contribution Plan will not be offered to any new hires, and it will be
frozen for all persons who are presently in it and elect to join any of the options of the second
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 in City
General Employees' Pension Plan on that date will be capped at 10% of compensation.
Section 8: For all 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 in a 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 employee's sole expense, as calculated by the Retirement Plan's actuary.
The estimated total cost of the AFSCME Collective Bargaining Agreement over the three-year
agreement is $163,266.
Attachments: Resolution
Agreement
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RESOLUTION NO.: _______ _
A Resolution approving and authorizing the City Manager to
execute the June 22, 2016 to Septembel" 30 June 21, 2019
Agreement between the American Federation of State, County
and Municipal Employees ("AFSCME"), Local 3294 and the City Of
South Miami.
WHEREAS, the Mayor and City Commission of the City of South Miami seek to
provide the highest levels services for the citizens. residents. businesses and visitors of the City
of South Miami; and
WHEREAS, a Collective Bargaining Agreement with the American Federation of State.
County and Municipal Employees ("AFSCME"). Local 3294 is an integral component of this effort;
and
WHEREAS. the City Administration and AFSCME have successfully concluded
negotiations on a new contract which achieves these objectives; and
WHEREAS, AFSCME has ratified the proposed contract.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section I: The Mayor & City Commission approves the Collective Bargaining
Agreement for Fiscal Years beginning June 22. 2016 -September 30 June 21. 2019 between the
American Federation of State. County and Municipal Employees ("AFSCME"). Local 3294 and the
City of South Miami. and authorizes the City Manager to execute the agreement.
Section 2: If any section clause. sentence. or phrase of this resolution is for any reason
held 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.
Section 4: This resolution shall become effective upon its adoption. effective July 13.
2016.
PASSED AND APPROVED this __ day of ____ -', 2016.
ATIEST: APPROVED:
CITY CLERK MAYOR
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Edmond:
Commissioner Harris:
CITY ATIORNEY Commissioner Liebman:
Ms. Shari Kamali
Deputy City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
July 6, 2016
Dear Ms. Kamali:
I'm happy to report that the CBA between AFSCME Local 3294 and The City of South
Miami was unanimously (25 yes and 0 No's) ratified on June 21, 2016. AFSCME is in legal
agreement with the fact that the contract overlaps into the 3rd year. It was the intent of
both parties that the contract start in July of this year so that the employees can begin
their wage increase immediately. We look forward to a working together with The City
of South Miami.
If you have any questions please feel free to contact me at the numbers below.
Norman Herdocia
Regional Coordinator
AFSCME Florida Region 3
700 S. Royal Poinciana Blvd., Suite 700
Miami Springs, FL 33166
Office: 305-651-6617
Fax: 305-888-7858
Email: NHerdocia@afscmefl.org
ce. 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
Florida 919 Organizing Committee
WEB afscmefl.org FACEBOOK AFSCMEFlorida TWITTER @AFSCMEFL
TEL (850) 222-0842 FAX (850) 224-2961 3064 Highland Oaks Terrace. Taliahassee.FL 32301
Rachel Cata
From: Shari Kamali
Sent:
To:
Wednesday, July 06,201611 :29 AM
Pepe, Thomas F.
Cc:
Subject:
Rachel Cata; Steven J. Alexander
FW: T A south miami CBA
fyi
Best regards,
Shari Kamali
Deputy City Manager
City of South Miami
6130 Sunset Drive
South Miami, FI33143
Office :305-663-6319
Cell: 305-200-4463
SKamali@southmiamif/.qov
From: Stacy Wein [mailto:SWein@afscmefl.org]
Sent: Wednesday, July 6,201611:26 AM
To: Shari Kamali
Cc: Norman Herdocia
Subject: Re: TA south miami CBA
Hi Shari
I happy to tell you that the CBA between AFSCME and The City of South Miami was ratified on June 21,
2016. There are no legal issues with the fact that the contract overlaps into the 3rd year. It was the intent of both
parties that the contract start in July of this year so that the employees can begin their wage increase
immediately. We look forward to a working together with The City of South Miami.
Stacy Wein
In-House Counsel
AFSCME Florida
On Ju15, 2016, at 5:30 PM, Shari Kamali <SKamali@southmiarnifl.gov> wrote:
Please call me asap
Best regards,
Shari Kamali
Deputy City Manager
City of South Miami
6130 Sunset Drive
South Miami, FI33143
Office :305-663-6319
1
out • • laml
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 ANNUAL LEAVE ...................................................................................................................... 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 ........................................................................................................................................ 16
ARTICLE 18 LONGEVITY BONUS ................................................................................................................. 18
ARTICLE 19 PERFORMANCE EVALUATION ............................................................................................. 18
ARTICLE 20 CLASSIFICATION APPEAL ..................................................................................................... 19
ARTICLE 21 SERVICES TO THE UNION ...................................................................................................... 20
ARTICLE 22 CALL BACK ............................................................................................................................... 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 COURT TIME ............................................................................................................................. 25
ARTICLE 33 LAYOFF AND RECALL ............................................................................................................ 25
Page 2 of33
ARTICLE 34 REPRESENTATION DURING NEGOTIATIONS .................................................................... 27
ARTICLE 35 EMERGENCIES ......................................................................................................................... 27
ARTICLE 36 LABOR-MANAGEMENT COMMITTEE ................................................................................. 27
ARTICLE 37 RETIREMENT BENEFITS ......................................................................................................... 28
ARTICLE 38 WORK IN HIGHER CLASSIFICATION ................................................................................... 32
ARTICLE 39 TERM OF AGREEMENT AND REOPENING ......................................................................... 32
Page 3 of33
ARTICLE 1 AGREEMENT
Section 1: This Agreement is entered into by the City of South Miami,
hereinafter referred to as the City, and the American Federation of State, County
and Municipal Employees, AFL-ClO, City Employees Local 3294, hereinafter
referred to as the Union.
Section 2: It is the purpose and intention of this 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. It is further the intention of this
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 City of South Miami and the Union. Upon
ratification, the provisions of this Agreement shall supersede Personnel Rules,
Administrative Orders, and/or other rules and regulations in conflict herewith. All
references to "employee" and all pronouns in this 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 operatorsL 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
missions shall be exercised consistently with these terms. Any term and condition
Page 4 of33
of employment other than wages and benefits not specifically established or
modified by this Agreement shall remain solely with 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 unit within 45 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 in its
operation shall be performed by the employees covered by
this Agreement.
o. have the sole discretion to determine the plan design for all
medical and dental coverage that benefits employees
covered under this Agreement. Management agrees to
Page 5 of33
consider the recommendations of the Employees' Benefits
Committee as may be established by the City Manager. The
Union shall 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: It is agreed that there shall be no discrimination against any
employee covered by this Agreement, by either the Union or the City because of
race, color, sex, age, national origin, religion, disability, sexual orientation,
membership in the Union, or non-mem.bership 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 by this 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. The Union and the City shall 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. The Union supports the City fully in maintaining efficient operations.
Section 2: It is recognized by the parties that the City is 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, it is 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.
Page 6 of33
Section 3: Informational picketing is that picketing permitted solely for the
purpose of conveying to the general public the Unions position in the labor
dispute.
Section 4: In the event of a strike, 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 to return to work and attempt to bring
about a prompt resumption of normal operations.
ARTICLE 6 DUES CHECK-OFF
Section 1: Upon receipt of a lawfully 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 in writing thirty (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: The Union 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 theprovisions of this Agreement.
ARTICLE 7 UNION STEWARD
Section 1: The Union has the right to select an employee from within the
Bargaining Unit, as herein defined, to act as Union Steward. The name of the
Union Steward and alternate Steward shall be certified, in writing, to the City
Manager by the Union. It is agreed and understood by the parties to this
Agreement, that the Union Steward may, without loss of pay, with prior approval
of his supervisor, process grievances. The supervisor's approval shall not be
unreasonably withheld. It is agreed to and understood by the parties to this
Agreement that there shall not be more than one (1) Steward, and one (1)
alternate Steward within the Bargaining Unit, as herein defined. It is agreed fe '
and unsJerstood by the Union that the Union Steward, or his/ her alternate,
(hereinafter collectively referred to as "the Union Steward") shall process
· Page 7 of33
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 City of South Miami and the
Union, to allow the Union Steward to investigate grievances as rapidly as possible,
preferably on the date that the grievance bec;omes known, and within at least
twenty-four (24) hours. The investigation of a 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 a Union 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 to insure the efficient and safe operation of the City.
Therefore, the City reserves the right to 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 will utilize the progressive discipline policy as set forth in
the Personnel Manual, which shall take precedence in such matters.
Section 2: Whenever it is 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 it is 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
agreed and understood that probationary employees shall have no right to
challenge disciplinary action.
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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 in writing within 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. The City 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) of this Agreement. The employee can only
select one of the two procedures specified in this section.
ARTICLE 9 GRIE:VANCE AND ARBITRATION PROCEDURE
Section 1: In a mutual effort to provide a harmonious working relationship
between the parties to this Agreement, it is agreed and understood that there
shall be a procedure for the resolution of grievances between the parties 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 of this Article, 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 with his immediate
supervisor, who is not a member of the Bargaining Unit, within ten (10) business
days of the occurrence of the event(s) which gave rise to the grievance. This first
step (between the employee and his immediate supervisor) shall be on an
informal and oral basis, 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 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 byhand,it
shall be signed by the Department Director solely to establish date of receipt..
Such grievance shall be presented to the Department Director within three
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business days from the immediate supervisor's decision being made under step 1
of this section, but in any event, the grievance shall be delivered to the
Department Director no later than 21 days of the occurrence of the event(s)
which gave rise to the grievance. The Department Director shall, 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 in writing 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.
~. 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, or his designee, within ten (10) business days of the
issuance of the Department Director's decision. Such appeal must be
accompanied by the filing of a copy of the original written grievance together
with a letter signed by the employee and deliver to the City Manager by any
means that provides some evidence of its delivery, such as e-mail or facsimile
transmission receipt, and if delivery is by hand, it shall 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. The City Manager, or his 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 in writing,
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, or if 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
Step (3), including the requirements for delivery of grievances/appeals and
employer decisions
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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 in this Agreement not to be subject to arbitration or which is
not a grievance as defined in this Agreement; nor shall this collective bargaining
agreement be construed by the arbitrator to supersede applicable laws in
existence at the time of signing of this Agreement, except to the extent as
specifically provided herein.
7. Consistent with the provision of the Florida Public Employees
Relations Act, Chapter 447, et seg., it is 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, or provision of this collective bargaining agreement to result in,
obligate, or cause the City to have to bear any expense, debt, cost or liability
except for the expense of arbitration, by both parties, and the economic benefits
provided by this Agreement, which result directly or indirectly, in the City
exceeding the amounts appropriated and approved by the City Commission for
the funding of this collective bargaining agreement as agreed upon by the
parties. Any such award, which contravenes or is not in compliance with the
provisions of this paragraph shall be null and void.
8. Each party shall bear the expense of its 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,
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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
American Arbitration Association and each party shall have three business days
to strike a 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 of sick leave reduction plan for
employees hired before October 1, 1995, with an existing cap of 600 hours for the
term of this Agreement, which would provide employees with a 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 is a 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 is a privilege, which shall be
allowed only in a case of illness. 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.
Section 4: All employees who have attained a sick leave balance of a
minimum of 36 days (288 hours) shall be eligible on their first anniversary date
following that accumulation to convert up to 32 hours of their annual unused sick
leave balance in excess of 288 hours to vacation leave. An employee who uses
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in excess of 32 hours of sick leave during a one-year period will not be eligible for
this benefit.
Section 5: Effective October 1, 2001, employees covered under this
Agreement, which were hired on or after October 1, 1995, shall be eligible to
receive one (1) eR additional day off for not using sick 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 it is 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.
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.
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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 as wife or 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 family in the form of a 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
2) 3rd Monday of January
3) 3rd Monday of February
4) 4th Monday of May
5) July 4
6) 1 st Monday of September
7) 2nd Monday of October
8) November 11
9) Last Thursday in November
10) Friday after Thanksgiving
11) 112 day December 24
12) December 25
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day Holiday
Veteran's Day
Thanksgiving Day
Christmas Eve
Christmas Day
When a holiday falls on a regularly assigned day off for an employee, such
employee shall be compensated by another day off.
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When a holiday falls on a Sunday, the following Monday shall be observed
and when it falls on q 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 off is 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
The City agrees to pay for HMO health insurance for all employees covered by
this agreement. Employees wanting the optional POS or PPO health insurance will
pay the difference between the two plans. The City will 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. The City has 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. The City and the
Union insist that all employees observe the safety rules and procedures
established by the City. Failure of employees to comply may result in disciplinary
action. If an employee believes he is being required to work under life
threatening unsafe conditions or in a situation where a serious safety violation
exists, he shall immediately notify his supervisor who will investigate the condition
and take appropriate action, if necessary.
Section 2: Safe Driving Awards. Any employee covered by this Agreement
who drives or 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
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year. Employees shall be held accountable for accidents that are found to be
preventable. The City 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, Union L 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 or injury shall result in disciplinary action.
ARTICLE 16 UNIFORMS AND SAFETY EQUIPMENT
Section 1: Safety Equipment. Employees of the Public Works 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 it in a safe manner, as
directed by the Public \Narks Director. Employees are responsible for using safety
equipment properly. If an injury occurs because on 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) pairs of gloves per
year. In extreme circumstances, the Public 'Narks Director will determine if the
employee requires an additional pair during the year.
Section 4: The City shall issue to each employee covered by this
Agreements 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
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Section 1. Employees covered by this agreement shall receive no across the
board increase for the duration of this Agreement. Employees covered by this
Agreement shall receive a one time stipend of $100, which shall not be added to
employees' base pay and shall not be included in employees' pension
calculations, effective upon ratification of this Agreement by the parties.
Section 2. Employees covered by this agreement shall receive no merit
increases for the duration of this Agreement.
1. 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 on or after October 1, 2014 shall receive a 5.3% 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 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, unless the CPI is zero or is negative, which shall then have no
decreasing effect on the employee's pay unless the CPI for the previous year or
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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 of 3% 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 bon!Js 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 by this Agreement shall receive an
additionallongevitybonus, which is 3% 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 in his 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.
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In the event that an employee is dissatisfied with a less than satisfactory
evaluation, the employee may, within five (5) working days of receiving his
evaluation, file a written appeal to the City Manager or his/her designee. The City
Manager or his/her designee shall hold a meeting with the employee and a union
representative if desired and shall thereafter issue his/her decision. The City
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 within a 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 for a review of his/her classification by submitting
such a request in writing to his/her Department Director. The request shall include
proposed job description. Within 20 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. Within 30 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 in a 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 5ReU may recommend to the City Commission that a
new classification, job description, and pay range be adopted. Failure of 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.
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Section 4: The City 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: The City 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 1.0., below, to the Union:
a) A list of their names, addresses, classifications, and social security
numbers; and
b) A list of 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 X 14 at the following two (2) locations:
Public Works and the employee lounge. It is 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.
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ARTICLE 23 SEVERABILITY CLAUSE
Should any provision of this collective bargaining agreement, or any part
thereof be rendered or declared invalid by reason of any existing or subsequently
enacted legislation, or by any decree of a court of competent jurisdiction, all
other Articles and Sections, and parts thereof, of this Agreement shall remain in full
force and effect for the duration of this Agreement.
ARTICLE 24 PERSONNEL RULES AND REGULATIONS
The Personnel Rules and Regulations of the City of South Miami as published in the
City's Personnel Manual (Employee Policies and Procedures Manual) HandbQok
dated and adopted by the City Commission are hereby incorporated into this
contract in its entirety.
ARTICLE 25 COMPLETE AGREEMENT AND WAIVER OF BARGAINING
Section 1: It is 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 of it is 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 of this Agreement is
in conflict with mandatory Federal or State Laws or 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 of this 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,
Page 21 of33
working conditions, and all other matters, which have been, or could have been
negotiated by and between the parties prior to the execution of this Agreement.
ARTICLE 27 RULES AND REGULATIONS
Section 1: It is agreed and understood that the City has Rules and
Regulations governing employment. Said Rules 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 rules or regulations will be neither arbitrary nor capricioLJs.
Section 2: The City shall provide a copy of any new rule or regulation, as
well as any amendment or revision to a rule or regulation to the Union. Said rules
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 rule or regulation within fourteen (14) calendar days
from receipt of the rule or regulation. The City 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
The Union 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.
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l.
2.
3.
4.
5.
6.
7.
ARTICLE 29 VEHICLE AND EQUIPMENT ABUSE
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If an employee abuses vehicles or equipment, the employee will be
subject to discipline in accordance with the Discipline policy set forth in the
Employee Policies and Procedures Manual (Personnel Manual).
ARTICLE 30 OFF DUTY EMPLOYMENT
Employees shall be permitted to work off 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 of off-duty employment shall not be unreasonably
withheld. .
ARTICLE 31 DRUG AND ALCOHOL TESTING
Section 1: The City and the Union recognize that employee sUbstance
and alcohol abuse has an adverse impact on City government, the image of City
employees, the general health, welfare and safety of employees, and to the
general public at large. Therefore, it is in the best interest of the parties to
negotiate over the subject of drug and alcohol testing.
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 (Le., 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.
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Section 5: The parties agree that an employee's refusal to submit to drug or
alcohol testing in accordance with the provision of this Article may result in
disciplinary action being taken against the employee up to and including
dismissal.
Section 6: At the conclusion of the drug and/or alcohol testing, the City
may take whatever action, if any, it deems appropriate. In the event that said
action is in the form of discipline, the employee may grieve said disciplinary
action through the contractual grievance/arbitration procedure.
Section 7: It is further understood and agreed that all issues pertaining to Drug and
Alcohol Testing shall be governed by City of South Miami Drug and Alcohol Free
Workplace Policy and Personnel Rules and Regulations adopted by the City
Commission set forth in the Employee Policies and Procedures Manual.
ARTICLE 32 COURT TIME
Any employee who is subpoenaed to testify at a court trial in a 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) hours of the end of the employee's
shift. Upon return to work, employees shall furnish evidence of time release to the
Personnel Office.
ARTICLE 33 LAYOFF AND RECALL
Section 1: A layoff shall be deemed to have occurred when the City,
within its sole discretion, announces that it is laying off employees for lack of work
or lack of allocated funds.
Section 2: The City agrees to notify the Union of the names of employees
being laid-off at the same time notice is provided to the affected employees or
immediately thereafter.
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Section 3: The City Manager or his designee shall designate the job
classifications in which the layoffs shall occur and the number of employees within
each classification to be laid off. Employees covered under this Agreement shall
be laid off by job classification and, within each classification, by City
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 in which the layoff(s) is
occurring.
Section 5: Any employee covered by this Agreement who is affected by
a layoff may be considered to displace any employee with less City employment
seniority in any lower rated classification covered by this Agreement, provided
that said employee is immediately qualified to perform the necessary services to
be performed in that lower rated classification. The City 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" into a 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 for a 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 of a 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 or,fails to report to work as instructed. Thereafter,
Page 26 of33
the provisions of this Agreement notwithstanding, the City will owe no further
obligation to the employee.
Section 7: An employee on layoff status does not accrue seniority but
does retain his/her accumulated seniority until 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. The Union will furnish the City with a written list of its
bargaining team prior to the first negotiation meeting.
Section 2: Prior to the first negotiation meeting, the Union shall 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: The City Manager shall have the right, in his sole and exclusive
discretion, to determine if and to what extent an emergency situation exists with
respect to City property and/or to the citizens of 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 of time the emergency condition
is expected to continue.
Section 2: During the declared emergency, all provisions of this Agreement
may be suspended. Any provision so suspended will be reinstated upon order of
the City Manager after the emergency has ended.
Section 3: Disputes concerning the Agreement arising during the declared
emergency shall not be subject to the grievance and arbitration procedure
except disputes concerning salary and wages. '
ARTICLE 36 LABOR-MANAGEMENT COMMITTEE
Page 27 of33
There shall be a Labor-Management Committee consisting of no more
than two management representatives designated by the City Manager and no
more than two bargaining unit employees appointed by the President of the
Union. The Labor-Management Committee shall meet as mutually agreed upon
by the participants.
The sole function of the Committee shall be to discuss general matters
pertaining to employee relations (e.g., safety issues). Thus, the parties agree that
the purpose of the Committee shall not be to discuss grievances or matters which
have been the subject of collective bargaining. Each bargaining unit Committee
member shall be paid his or her regular salary for attendance at Committee
meetings during the bargaining unit member's regular work hours not to exceed
two (2) hours.
ARTICLE 37 RETIREMENT BENEFITS
Section 1. All new employees who are hired by the City of 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 DC 457,
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 401 a plan. Employees
will be eligible to change their respective ICMA-RC DC 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 in writing 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 wishing to
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 .
Page 28 of33
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
City's General Employees Pension Plan and may rollover such amount into the
newly established ICMA-RC 457 plan.
Section 6: Notwithstanding sections 1 through 5 above, any employee who is
participating in the ICMA-RC defined contribution (DC) 457 plan on the date the
2016 -2019 Agreement is ratified, and all employees hired on or 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 City General Employees Pension Plan, 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 (bl 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
Page 29 of33
new second tier plan, must make the irrevocable election within 90-days after the
adoption of the new pension ordinace creating the new second tier pension
plan.
The existing Defined Contribution Plan will not be offered to any new hires, and it
will be frozen for all persons who are presently in it and elect to join any of the
options of the second 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 in City General Employees Pension Plan on that date will be capped
at 10% of compensation.
Section 8. For all 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 in a 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.
data):
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%
Page 30 of33
Section 10: The following changes are applicable to all covered employees who
elect to continue in the General Employees' Pensions Plan(these changes have
already been implemented):
a. The definition of Final Monthly Compensation (FMC) is
changed for future benefit accruals to the average of
the final sixty (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.
b. 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 in FMC,
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.
c. The supplemental benefit Cost of Living 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 in FMC. General employees will receive
the supplemental benefit on their current accrued
benefit.
Page 31 of33
d. 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
City shall contribute a total a 8.00% and the employee-
shall contribute a total of 8%. 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 of a higher pay status classification for three (3) or more
consecutive work days will receive a five 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 City of South Miami and Local 3294, American Federation of State, County,
and Municipal Employees, AFL-CIO, shall be operative and effective asof its date
of execution, and shall continue until September 30, 2019.
Section 2: Either party may require, by written notice to the other, between
April 1 st 2019 and not later than June 1St 2019, discussions concerning
modifications of this 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, in its entirety, for the following fiscal years thereafter.
, Page 32 of 33
THIS AGREEMENT signed this __ day of ___ ,2016.
CITY OF SOUTH MIAMI
By: Date: _______ _
Steven Alexander, City Manager
Approved as to form:
By: Date: ___ _
Thomas F. Pepe, Esq.
City Attorney
American Federation of State, County and Municipal Employees.
AMERICAN FEDERATION OF STATE,
COUNTY AND MUNICIPAL EMPLOYEES
LOCAL 3294
By: Date: ______ _
Dennis Gilmore-Moses, AFSCME President
By: Stacy Wein Esq., AFSCME In-House Counsel Date: _______ _
Page 33 of33
SUNDAY JULY 3 2016
MIAMIHERALD.COM NEIGHBORS I 29SE
~'" 1>~. . , E~,,,>~.,,;/j "i'~;::;'\> if" ~~J\}"b1'
CCITY OF SOUTH MIAMI
COURTESY NOTICE
AND MEETING DATE CHANGE
NOTICE IS HEREBY givcn that the City Commission of the City of
South Miami, Florida will conduct Public Hearing(s) at its regular City
Commission meeting scheduled for Tuesday, July 12, 2016, beginning
at 7:00 p.m., in thc City Commission Chambers, 6130 Sunset Drive,
to consider the following itemls): _
. 'A .ReSOlUtion approVi.n g an. d authorizin~ the City Manager to execute the June)
22. 201 (, to September 30. 201 ~ Agreement between the American Federation
of State, County and Municipal Employees (''AFSCME''). Local 3294 and the
City or South Miami
A Resolution authorizing the City Manager to' negotiate and enter into an
agreement with Brown & Brown of Florida. Inc._ for insurance brokerage
~crvice:-: for an ini1iu11cfm 0f three (3) years and one (1.> two-year option to
renew for a total term of five (5) consecutive years.
A Resolution authorizing the Cit.y Manager to ~ntcr into a three-year agreement
with FPL Fibernet to increase existing internet bandwidth capacity at City Hall.
A Resolution authorizing·the City Managerto negotiate and enter into a eontraet,
for a term not to exceed five (5 J consecutive years, with Calvin, Giordano &
Associates, Inc. for the completion of the Comprehensive Plan ancl Land
Development Code revision.
An Ordinance Amending the Omcial Zoning Map, as authorized by Section
20-3.1(C). and other applicable provisions, amending the designation of the
Marshall Williamson property located south of SW 64th Terrace approximately
between SW 60th Avenue and SW 61 st Court, from Single-Family Residential
District RS-4 to Rl~9.
An Ordinance Adopting a Small Scale Amendment to the Future Land Usc
Map of the Comprehensive Plan, amending the designation of the Marshall
Williamson property located south of SW 64th Terrace approximately
between SW 60th Avenue and SW 61st Court, 1i-0111 Single Family Residential
Cl\"o-Story) to Townhouse Residential ('1\\'0-Story).
NOTICE IS HEREBY also given that the regular meeting date of Tuesday, July 5, 2015
has been changed to lllesday July 12,201 G
ALL interested parties arc invited to attend and will be heard.
For further information, please contact the City Clerk's Office at: 305-663-6.,40.
!vlaria M. Menendez, CMC
City Clerk
Pursuant to Florida Statute;:; 2N6.0105. the City herehy ad\,js(;'~ the public that if a person derides
to appeaJ any decision made hy this Board Agency or CommissIOn with respect t(l allY matter
cCHlsidered al its meeting or hearlllg. he or she will need a record {If the procec(hllgs, and that for
such purpose, affecte'd person may need to ensure that a vl'rhatim record of the prOl~et'dillgs is llwde
which record includes the testimony and evidence upon which the appeal is to he b:lsed.
.11 Public Notice
MIAMI-DADE COUNTY HOMELESS TRUST REQUEST
FOR APPLICATIONS (RFA) FOR INCLUSION IN THE
2016 USHUD NOTICE OF FUNDING AVAILABILITY
(NOFA), CONTINUUM OF CARE PROGRAMS
Miami-Dade County, through the Miami-Dade County Homeless Trust (Homeless Trust), is
requesting applications from homeless providers and other qualified entities interested
in applying for support services, housing and other eligible activities benefiting the
homeless. The projects being sought as part of this solicitation are contingent on the
Homeless Trust being awarded funds through a Collaborative Application. Collaborative
Applications will be submitted to the United States Department of Housing and Urban
Development (USHUD) in response to its Notice of Funding Availability (NOFA). Programs
currently funded through the USHUD Homeless Continuum of Care programs with funding
expiring in 2017, projects seeking new bonus funding, and providers interested in serving
as the new project sponsor for the Partners for Homes program awarded as part of the
2015 NO FA competition must be a part of this competitive process for funding. Copies of
the Request for Applications package are available for pick up beginning at 9:30 a.m.
June27,2016 at:
Miami-Dade County Homeless Trust
111 N.W. 1 st Street, 27th Floor, Suite 310
Miami, Florida 33128
(305) 375-1490
A Pre-Application Workshop will be held on July 5, 2016, beginning at 10:00 a.m, at
the Stephen p, Clark Center, 111 NW 1st Street, Miami, FL 33128, 18th floor, room 18-4.
Attendance at the Pre-Application Workshop is not required but is strongly recommended.
We invite currently funded and new public and private homeless non-profit providers, and
government agencies, to review this RFA and apply to renew existing projects or submit
an application for a new project(s). A brief Technical Assistance session will be provided
for new provider agencies at the conclusion of the Pre-Applicatiori Workshop. THIS RFA IS
SUBJECT TO THE CONE OF SILENCE, COUNTY ORDINANCE 98-106. In order to maintain
a fair and impartial competitive process, the County can only answer questions at the Pre-
Application Workshop and must avoid private communications with prospective applicants
during the application preparation and evaluation process. Please contact the Homeless
Trust if the Request for Application documents are required in an alternative format or
language, The deadline lor submission 01 applicatiDns is July 28, 2016, at 2:00 p.m.
All responses must be received at the Clerk 01 the Board 01 County Commissioners
on the 17th Iloor olthe Stephen P. Clark Center, 111 N,W, 1st Street, Miami, FL 33128,
Miami-Dade County is not liable for any cost incurred by the applicant in responding to
the Request for Applications, and we reserve the right to modify or amend the application
deadline schedule if it is deemed necessary or in the interest of Miami-Dade County,
Miami-Dade County also reserves the right to accept or reject any and all applications, to
waive technicalities or irregularities, and to accept applications that are in the best interest
of Miami-Dade County, Miami-Dade County provides equal access and opportunity in
employment and services and does not discriminate on the basis of age, gender, race or
disability. PLEASE NOTE: IF YOU ARE SEEKING AFFORDABLE HOUSING, PLEASE GO
TO: htlp:/Iwww.miamidade.gov/housing/affordable-housinq-resources,asp
For legal ads online, go to http://legalads.miamidade,gov
MIAMI DAILY BUSINESS REVIEW
Published Daily except Salurday. 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 6ath says that he or she is the LEGAL
CLERK, Legal Notices of the Miami Daily Business Review
flk/a Miami Review, a daily (except Saturday, Sunday and
Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMI -AND MEETING DATE CHANGE-
JULY 12, 2016
in the XXXX Court,
was published in said newspaper in the issues of
07/0112016
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami, in said
Miami-Dade County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade
County, Florida each day (except Saturday, Sunday and
Legal Holidays) and has been entered as second class mail
matter at the post office in Miami in said Miami-Dade County,
Florida, for a period of one year next preceding the first
publication of the attached copy of advertisement; and affiant
further says that he or she has neither paid nor promised any
person, firm or corporation any discount, rebate, commission
or refund ior the ecuring this advertisement for
publication i
(SEAL)
MARIA MESA personally known to me
CITY OIF SOUTH MIAMI
NOTICE OIF PUBLIC HEARING
AND MEETING DATE CHANGE
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida. will conduct Public Hearing(s) at its regular City Commission
meeting scheduled for Tuesday, July 12, 2016, beginning at 7:00 p.m., in
the City Commission Chambers, 6130 Sunset Drive, to consider the
fOllowing item(s):
(
I A R.esolution approving and a. uthorizing the City Manager to execute)
the June 22, 2016 to Septemt;ler 30, 2019 Agreement between the
American Federation of State, County and Municipal Employees
("AFSCME"), Local 3294 and the City Of South Miami.
A Resolution authorizing the City Manager to negotiate and enter into
an agreement with Brown & Brown of Florida, Inc., for insurance
brokerage services for anjnitial term of three (3) years and one (1).two-
year option to renew for a total term of five (5) consecutive years.
A F,lesolution authorizing the City Manager to enter into a three-year
agreement with FPL . Fibernet to increase existing internet bandwidth
capacity at City Hall. .
A Resolution authorizing the City Manager to negotiate and enter ·into
a contract, for a term not to exceed five (5) consecutive years, with
Calvin, Giordano & Associates, Inc. for the completion of the
Comprehensive Plan and Land Development Code revision.
An Ordinance Amending the Official Zoning Map, as authorized· by
Section 20-3:1 (C), and other applicable provisions, arnending the
designation of the Marshall Williamson property located south ofSW
64th Terrace approximately between SW 60th Avenue and SW61s1
Court, from Single-Family Residential District RS~4 to RT-9.
An Ordinance Adopting a Srnall Scale Amendment to the Future Land
Use Map of the Comprehensive Plan, amending the designation of the
Marshall Williamson property located south of SW 64th Terrace
approximately between SW 60th Avenue and SW 61st Court, from
Single Family Residential (fwo-Story) to Townhouse Residential (fwo-Story).
NOTICE IS HEREBY also given that the regular meeting date of Tuesday,
July 5, 2015 has been changed to Tuesday July 12, 2016
A,LL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at: 305-663-6340.
Maria M. Menendez, CMC
·City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the public
that if a person decides to appeal any decision made by this Board,
Agency or Commission with ·respect to any malter considered at its
rneeting or hearing, he or she will need a record of the proceedings, and
that for such purpose, affected. person may need to ensure that a verbatim
record of the proceedings is. made which record includes the testimony
and evidence upon which the appeal is to be based.
7/1 16-106100001?~n17M