Res No 117-23-16050RESOLUTION NO. 11 7-23-16050
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, APPROVING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE
AMERICAN FEDERATION OF ST ATE, COUNTY, AND
MUNICIPAL EMPLOYEES, REGARDING WAGE
ADJUSTMENTS FOR FISCAL YEAR 2024; PROVIDING
FOR IMPLEMENTATION; PROVIDING FOR
AUTHORIZATION; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, SEVERABILITY
AND AN EFFECTIVE DATE .
WHEREAS, the City of South Miami (the "City") and the American Federation of Sta te,
County, and Municipal Employees (the "Union") enter ed into a Co ll ective Bargaining
Agreement for the period of Jun e 22, 2022 to June 2 1, 2025 ("CBA"), which sets forth th e terms
an d co nditi ons of employment of ce rtain City civi li an employees; and
WHEREAS, Article 17, ''Wages", of the CBA contains the Parties' agreement with
resp ect to wages; and
WHEREAS, th e City Co mmi ss ion finds that th ere is a compelling interest in
maintaining competitive wages for employe e recruitment and retention; and
WHEREAS, the City Manager has reviewed empl oyee wages and determined tha t
wages for ce rtain positions s hould be adjusted to maintain competitiveness, including adjusting
such wages to acco unt for inflation and cost of li ving increa ses; and
WHEREAS, th e City des ires to enter into a Memorandum of Understanding between
th e City and the Union (the "MOU"), in subs tantiall y the form atta ched hereto as Exhibit "A,"
in order to provide for a one-time seven (7%) wage increa se for Fiscal Year 2024, effec ti ve
October l, 2023, for certain positions, as further detailed in the MOU; and
WHEREAS, the MOU will become effective upon ratification by the City Commission
and the bargaining unit employees repre se nted by the Union and/or th e Union: and
Page I o f3
Res. No. 11 7-23-16050
WHEREAS, th e City Commi ss ion find s that thi s MOU is in the best interest and welfare
of the City and its employees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS:
Section 1. Recitals. Th e above-stated rec itals are true an d correct and are incorporated
here in by this referenc e.
Section 2. Approval. The City Com mi ss ion hereby approves the MOU, in
sub stanti all y the fo1111 attache d here to as Ex hibit ''A." T he MOU shall beco me effective upo n
ratification by th e City Co mmi ss ion and th e bargaining unit emp loyees represented by th e Union
and/or the Union.
Section 3. Authorization. The City Co mmi ss ion here by authorizes the City Manager
to exec ute the MOU, in sub stantiall y the form attac hed here to as Ex hib it "A," with th e Unio n on
behalf of the Ci ty, subj ect lo the approval as to form and legal suffic iency by the City Attorney.
Section 4 . Implementation. The City Manager is hereby authori zed to take any and
all n ecessary action to impl ement th e purposes of this Resolution.
Section 5. Corrections. Co nforming language or technical sc rivener-type corrections
may be made by the City Attorney fo r any co nfonnin g amen dme nt s to be incorporated into the
final re so lution for signature.
Section 6. Severability. If any sec tion clause, sentence, or phras e of thi s Resolution
is for any reason he ld inv alid or un const itu tio nal by a cou rt of competent jurisdiction, th e holding
shall not affect th e va lidity of the remaining portions of thi s Resolution .
Section 7. Effective Date. Thi s Resolution shall become effective imm edi ately upon
adoption.
Page 2 of3
Res. No. 117-23-1 6050
PASSED AND ADOPTED this 19th day of September, 2023.
ATTEST:
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
Page 3 of3
APPROVED:
COMMISSION VOTE:
Mayor Fernandez:
Vic e Mayor B onic h:
Commissioner Cal le:
Comrniss ioner Liebman:
Comm iss ione r Corey:
5-0
Yea
Yea
Yea
Yea
Yea
MEMORANDUM OF UNDERSTANDING BETWEEN
CITY OF SOUTH MIAMI AND
AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES
This Memorandum of Understanding is entered int ~is ~/ )JJ1l day of
September 2023 by and between the C ity of South Miami, a Florida Municipal Corp oration (th e
"City") and American Federation of State, County, and Municipal Emp loyees (the "AFSCME"
or the "Union"). The City and the Union are co llectively referred to as the "Parties."
WHEREAS, the Parties are s ubj ect to a collective bargaining agreement for the period
June 22, 2022 to Jun e 21, 2025 (the "CBA"), which sets forth the terms and conditions of
employment of certain City civi li an employees; and
WHEREAS, Article 17 , "Wages", of th e CBA contains the Parties ' agreement w ith
respect to wages; and
WHEREAS, there is a compelling interest in maintaining competit ive wages for
employee recruitment a nd r etention; and
WHEREAS, a review of employee wages indicated th at wages for certain positions
should be adjusted to maintain competitiveness including adjusting such wages to account for
inflation and cost of living increases; and
WHEREAS, because wages are an aspect of employees' terms and conditions of
employment, the amendment is subject to coll ective bargaining.
NOW, THEREFORE, the Parties agree to the following terms regarding the amendment
to wages:
I . The foregoing recitals are true and correct and are incorporated herein by reference.
2. The following nine (9) positions will rece ive a one-time seven percent (7%) wage
increase for Fiscal Year 2024, effective October I , 2023:
Lead Worker
Lead Worker 11
Maintenance Worker l
Maintenance Worker U
Heavy Equipment Operator
Sanitation Crane Operator
Waste Collection Driver
Motor Pool Supervisor
Auto Mechanic
3. The Parties have had the opportunity to consult with lega l coun sel of their choosing
prior to executing this MOU.
4. Upon ratification by the bargaining unit employees represented by the Union and by
the C ity Commission, this MOU shall become effective. in the event that th is
MOU is not fully ratified for any reason , it shall have no force or effect upon
e ith er party.
5 . Othe r than as s pecificall y set forth here in , thi s MOU does not m odi fy the CBA.
6. The Parties agree that this MOU represents the Parties' e ntire a g ree ment with regards
to this subj ect matter, and that it cannot be amended or m odified without th e
e xpress written cons ent of the Pa rti es.
AMERICAN FEDERATION OF STATE,
COUNTY, AND MUNICIPAL
EMPLOYEES:
By M~ 7
Dat e Exe M ,d: 'f ~-3
CITY OF SOUTH MIAMI:
Date Exe cuted :
ATTEST:
n e, C MC, FC RM
C ity C lerk
APPROVED AS TO FORM AND LEGAL
SUF~
We iss Serota Helf man Cole & Bierman, P.L.
Page 2 of2
Agenda Item No:5.
City Commission Agenda Item Report
Meeting Date: September 19, 2023
Submitted by: Samantha Fraga-Lopez
Submitting Department: City Manager
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE AMERICAN FEDERATION OF STATE, COUNTY,
AND MUNICIPAL EMPLOYEES, REGARDING WAGE ADJUSTMENTS FOR FISCAL YEAR 2024; PROVIDING
FOR IMPLEMENTATION; PROVIDING FOR AUTHORIZATION; PROVIDING FOR IMPLEMENTATION,
CORRECTIONS, SEVERABILITY AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER)
Suggested Action:
Attachments:
Memo-MOU AFSCME.docx
47A0541-Resolution Approving MOU with AFSCME Re Wage Adjustments.DOCX
47A0422-AFSCME Wage MOU - Wage Adjustments.DOCX
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM:Genaro “Chip” Iglesias,City Manager
DATE:September 19, 2023
SUBJECT:Memorandum of Understanding (MOU) between the American Federation of
State, County, and Municipal Employees (AFSCME) and the City regarding FY 24
Wage Adjustments.
RECOMMENDATION: Approve the MOU.
BACKGROUND:The City conducted a preliminary review of the wages paid to employees,
Citywide, and determined that certain positions’ salaries are not
competitive and/or have not been adjusted sufficiently to account for
inflation and increases in the cost of living.
Accordingly, the City budgeted a 7% wage adjustment increase in the FY
24 budget for certain positions. Some of the positions affected by the wage
adjustment are included within the AFSCME Union; namely, Lead Worker,
Lead Worker II, Maintenance Worker I, Maintenance Worker II, Heavy
Equipment Operator, Sanitation Crane Operator, Waste Collection Driver,
Motor Pool Supervisor, and Auto Mechanic. The proposed budget was
approved during the second budget hearing on September 19th.
AFSCME has agreed to the attached MOU, as drafted.
ATTACHMENTS:Proposed Resolution
MOU
2
Page 1 of 2
MEMORANDUM OF UNDERSTANDING BETWEEN
CITY OF SOUTH MIAMI AND
AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES
This Memorandum of Understanding is entered into this day of September
2023 by and between the City of South Miami, a Florida Municipal Corporation (the “City”) and
American Federation of State, County, and Municipal Employees (the “AFSCME” or the
“Union”). The City and the Union are collectively referred to as the “Parties.”
WHEREAS,the Parties are subject to a collective bargaining agreement for the period
June 22, 2022 to June 21, 2025 (the “CBA”), which sets forth the terms and conditions of
employment of certain City civilian employees; and
WHEREAS, Article 17, “Wages”, of the CBA contains the Parties’ agreement with respect
to wages; and
WHEREAS, there is a compellinginterest in maintaining competitive wages for employee
recruitment and retention; and
WHEREAS, a review of employee wages indicated that wages for certain positions should
be adjusted to maintain competitiveness including adjusting such wages to account for inflation
and cost of living increases; and
WHEREAS, because wages are an aspect of employees’ terms and conditions of
employment, the amendment is subject to collective bargaining.
NOW, THEREFORE, the Parties agree to the following terms regarding the amendment
to wages:
1.The foregoing recitals are true and correct and are incorporated herein by reference.
2.The following nine (9) positions will receive a one-time seven percent (7%) wage
increase for Fiscal Year 2024, effective October 1, 2023:
Lead Worker
Lead Worker II
Maintenance Worker I
Maintenance Worker II
Heavy Equipment Operator
Sanitation Crane Operator
Waste Collection Driver
Motor Pool Supervisor
Auto Mechanic
6
Page 2 of 2
3.The Parties have had the opportunity to consult with legal counsel of their choosing
prior to executing this MOU.
4.Upon ratification by the bargaining unit employees represented by the Union and
by the City Commission,this MOU shall become effective. In the event that this
MOU is not fully ratified for any reason, it shall have no force or effect upon either
party.
5.Other than as specifically set forth herein, this MOU does not modify the CBA.
6.The Parties agree that this MOU represents the Parties’ entire agreement with
regards to this subject matter, and that it cannot be amended or modified without the
express written consent of the Parties.
AMERICAN FEDERATION OF STATE,CITY OF SOUTH MIAMI:
COUNTY, AND MUNICIPAL
EMPLOYEES:
By:_________________________By:__________________________
Genaro "Chip" Iglesias
Date Executed: ________________Date Executed: ________________
ATTEST:
___________________________________
Nkenga “Nikki” Payne, CMC, FCRM
City Clerk
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
____________________________________
Weiss Serota Helfman Cole & Bierman, P.L.
7