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Res No 043-25-16335RESOLUTION NO.043-25-16335 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MULTI¬ YEAR COLLECTIVE BARGAINING AGREEMENT WITH FLORIDA STATE LODGE,FRATERNAL ORDER OF POLICE INC.FOR OFFICERS AND SERGEANTS OF THE SOUTH MIAMI POLICE DEPARTMENT;PROVIDING FOR IMPLEMENTATION,CORRECTIONS,AND AN EFFECTIVE DATE. WHEREAS,the City of South Miami (the “City”)and the Florida State Lodge,Fraternal Order of Police Inc.(the “FOP”)entered into a Collective Bargaining Agreement for the period of October 1, 2021 to September 30,2024,which sets forth the terms and conditions of employment of the Police Department’s Officers and Sergeants;and WHEREAS,the City and FOP negotiated the Collective Bargaining Agreement for the period of October 1 ,2024,to September 30,2027,attached hereto as Exhibit “A”(the “CBA”);and WHEREAS,the bargaining unit members have ratified the proposed agreement;and WHEREAS,the City Commission desires to approve the CBA and authorize the City Manager to execute the CBA with the FOP on behalf of the City;and WHEREAS,the City Commission finds that this Resolution is in the best interest and welfare of the City. NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AS FOLLOWS: Section 1.Recitals.The above-stated recitals are true and correct and are incorporated herein by this reference. Section 2.Approval.The City Commission hereby approves the CBA.The City Manager is hereby authorized to execute the CBA,in substantially the form attached hereto as Exhibit “A,”with the FOP on behalf of the City,subject to the approval as to form and legal sufficiency by the City Attorney. Section 3.Implementation.The City Manager is authorized to take any and all actions necessary to implement the purposes of this Resolution. Section 4.Corrections.Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Res.No.043-25-16335 Section 5.Effective Date.This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 3rd day of June,2025. READ AND APPROVED AS TO FORM, LANGUAGE,LEGALITY AND EXECUTION THEREOF &BIERMAN,P.L. CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE:4-0 Mayor Javier Fernandez:Yea Vice Mayor:Brian Corey:Yea Commissioner Lisa Bonich:Yea Commissioner Steve Calle:Absent Commissioner Danny Rodriguez:Yea Page 2 of 2 Agenda Item No:4. City Commission Agenda Item Report Meeting Date: June 3, 2025 Submitted by: Samantha Fraga-Lopez Submitting Department: City Manager Item Type: Resolution Agenda Section: Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MULTI-YEAR COLLECTIVE BARGAINING AGREEMENT WITH FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE INC. FOR OFFICERS AND SERGEANTS OF THE SOUTH MIAMI POLICE DEPARTMENT; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER) Suggested Action: Attachments: Memo_FOP_CBA_24-27__1_ (1).docx Resolution Approving FOP CBA-Police Officers.docx Draft FINAL- FOP CSM CBA.docx Public Hearing Ad.pdf 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: June 3, 2025 SUBJECT: Collective Bargaining Agreement (CBA) Between the Fraternal Order of Police (FOP) and the City of South Miami RECOMMENDATION: Authorize the City Manager to execute a multi-year collective bargaining agreement with the Fraternal Order of Police for Officers and Sergeants of the South Miami Police Department. BACKGROUND: The City began negotiations with the FOP in May 2024 to update the existing CBA. On May 14, 2025, the City received confirmation that the proposed agreement was approved by the FOP membership by a vote of 21 to 2. Notable changes include:  Defining “operational needs.”  Limiting the Chief’s assignment discretion from six (6) to three (3) officers.  Allowing timecard adjustments for off-duty oil changes.  Retroactive pay for Officers promoted to Sergeant, dating back to the vacancy.  Increasing administrative leave from 4 to 6 hours for training within 4 hours of shift end  Raising the sick leave payout cap from 150 to 200 hours upon termination, with a 300-hour accrual minimum.  Introducing a new vacation accrual tier—up to 16 hours per month based on tenure.  Redefining “workweek” as 80 hours over a 14-day period to reflect the new 12-hour shift schedule.  Including sick leave in overtime calculations. 2 $South ’Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM  Providing Field Training Supervisors (FTS) with a 2.5% hourly pay supplement during FTS duties.  Adjusting salary ranges for Officers and Sergeants based on the Evergreen Compensation Study, including a one-time $2,210 hazard pay supplement (formerly $75 per pay period), and annual cost-of-living adjustments.  Increasing the shift differential from $0.45 and $0.60 an hour to a percentage of base salary (3% in year 1, 3.5% in year 2, and 4% in year 3).  Increasing special unit pay from $80 per pay period to a percentage of base salary (3% in year 1, 3.5% in year 2, and 4% in year 3).  Increasing the longevity increases in year 15 by 1% and in year 20 by 2%.  Reducing minimum overtime hours for an off-duty zoom court appearance from 4 to 3 hours.  Increasing the proportional pay increase from Officer to Sergeant from 10% to 15%.  Providing for adoption of the four outstanding minimum benefits as it relates to the 185 plan (pension).  Allowing for prior credited service to be purchased and apply for the purpose of pension benefit calculations.  Providing for a reopener to negotiate the potential for inclusion of shift differential pay, assignment pay, and bonuses in the calculation of retirement benefits thereby making such payments pensionable, after completion of a projection study by the City’s actuary firm which the cost was split between the City and the FOP.  Including a $150 monthly health insurance stipend for retirees who remain on the City’s health plan. 3 SoutP'Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM FISCAL IMPACT: Overall increase from the current contract is provided below over the 3 -year period. The fiscal impact assumes a 3% cost-of-living adjustment in the final year of the contract. With Proposed Changes Total Increase COLA Impact COLA % of Total Increase % of COLA Applied FY 25 253,543 219,753 86.7% 6% FY 26 308,459 144,274 46.8% 3.6% FY 27 291,014 127,488 43.8% 3% Forecasted 853,015 491,515 57.6% ATTACHMENTS: Proposed Collective Bargaining Agreement between the Fraternal Order of Police and the City of South Miami Proposed Resolution 4 SoutP'Miami THE CITY OF PLEASANT LIVING PREAMBLE This Agreement is entered into by the City of South Miami,Florida,hereinafter referred to as the "Employer"or the "City"and the Florida State Lodge,Fraternal Order of Police Inc., hereinafter referred to as the "FOP"or “Union",for the purpose of promoting harmonious relations between the Employer and the FOP,to establish an orderly and prompt procedure for the resolution of grievances,to insure continuation of normal activities and Departmental operations,to settle differences which might arise and to set forth the basic and full Agreement between the parties concerning rates of pay,wages,hours of work and all other conditions of employment. Definitions: "11:59 p.m."means 23:59:59.99 hours in a 24-hour clock. "12:00 a.m."means 00:00:00:99 hours in a 24-hour clock. "12:00 p.m."means 12:01:59.99 hours in a 24-hour clock "Bi-weekly"mean every two weeks. "Department"means the South Miami Police Department. "Officers"or '"Police Officers"whether plural or singular,as used in this Agreement means the rank of Police Officer,and Police Sergeant,including probationary employees,but excluding the Chief of Police,Assistant Chief,Majors,Police Captain,Police Lieutenants,any bargaining unit member during his assignment as an investigator for to "Internal Affairs"and all other employees of the City of South Miami. "Parties"mean the City and the FOP. "Workweek"means a 7-day period ("week")commencing at 00:00:00 hours (or 12:00 a.m.) on Monday and ending at 23:59:59.99 hours ("11:59:p.m.")midnight on Sunday of each week. "Workday"means a typical 8-,10-or 12-hour period where work is performed at the same time each calendar day. "Operational Needs"generally means Natural or Man-made disasters,minimum staffing and internal affairs investigations. 1 ARTICLE 1.RECOGNITION The Employer hereby recognizes the FOP,as the collective bargaining agent for all permanent full-time,and probationary sworn police personnel in the classifications of police officer and police sergeant.However,the FOP is not also the collective bargaining agent for sergeants while assigned as an investigator for te internal affairs. ARTICLE 2.NON-DISCRIMINATION There shall be no discrimination,interference,restraint,or coercion by the Employer or the FOP against any employee because of FOP membership or non-membership,or because of race,creed,color,age,sex,religion,marital status,sexual orientation,disability,and national origin.All references to employees in this Agreement shall apply to both sexes and wherever the male gender is used,it shall be construed to include male and female employees and vice versa. ARTICLE 3.DUES CHECK-OFF 1.Any member of the FOP,who has submitted a properly executed dues authorization card or written statement to the City Manager,or the Manager's designee,in accordance with a format prescribed or approved by the City,may,by request in writing,have their membership dues in the FOP deducted from their wages.Dues shall be deducted each bi-weekly pay period,and shall,thereafter,be transmitted to the FOP.However,the City shall have no responsibility or any liability for any monies once sent to the FOP,nor shall the City have any responsibility or any liability for the improper deduction of dues.Furthermore,the FOP shall hold the City harmless for non-intentional errors in the administration of the dues deduction system.The City shall send all dues to: Fraternal Order of Police-Florida State Lodge 242 Office Plaza Tallahassee,FL 32301 2.It shall be the responsibility of the FOP to notify the City Manager,or the Manager's designee, of any change in the amount of dues to be deducted at least thirty (30)working days in advance of said change.Under no circumstances shall the City be required to deduct FOP fines,penalties,or assessments from the wages of any member. 3.Any member of the FOP may,on thirty (30)calendar day's written notice to the City and the FOP,request that the City cease deducting dues from his wages. ARTICLE 4.FOP BOARD OF DIRECTORS REPRESENTATIVES 1.The FOP shall notify the Chief of Police of the names of all members of the FOP Board of Directors,the commencement date and length of their term of office,any changes made to the membership of the FOP Board of Directors and any change to a director's term of office, 2 within 3 working days of the election or appointment to the FOP Board of Directors or any other change in the information required to be given to the Chief of Police.Two members of the FOP,while on duty,shall be allowed to attend collective bargaining sessions between the City and the FOP,as FOP representatives.FOP representatives who attend a collective bargaining session shall be paid for such attendance unless they are off duty during a bargaining session and in such case,they shall not be entitled to any compensation for their attendance at said bargaining session.All bargaining sessions shall be set by mutual agreement between the parties.The FOP shall notify the City prior to negotiation of the names of the members attending as FOP representatives,provided however this attendance must be approved by the Chief of Police or the Chief's designee. 2.FOP Directors,while on duty,shall be allowed to attend the City of South Miami FOP Lodge #179 Board of Directors meeting once per quarter without loss of pay or leave time for the duration of the meeting unless the staffing needs of the Department prevent such attendance.All attendance of a Director while on duty shall require the prior approval of the Chief of Police or the Chief's designee.The FOP shall provide dates and times on a quarterly basis and at least 30 working days prior to the board meeting to help facilitate staff scheduling.Board Directors will not be allowed to attend meetings outside City limits while on-duty.If a Director is on duty,his attendance shall not exceed 2 hdurs total. ARTICLE 5.SERVICES TO THE FOP 1.The City will furnish the FOP with a copy of the Police Department's Rules and Regulations at or before the execution of this Agreement and within 48 hours of their modification. 2.The City will provide a mailbox for each employee for use by the City and the FOP to distribute mail and other communication.The aforesaid mailboxes shall only be used by the FOP for the purpose of transmitting material relative to issues concerning this Agreement.The mailboxes shall not be used to disseminate anything relating to any kind of political issue or for the purpose of communicating material that tends to disparage any elected or appointed official, and/or any employee of the City,whether directly or indirectly. 3.Upon written request from the FOP to the City Manager,the City will provide,on a semiannual basis,a complete roster of the bargaining unit,including name,rank,and current pay scale of each member of the bargaining unit. 4.All bargaining unit employees,including representatives and members of the FOP shall not engage in Union business while on-duty,or while on any City property,or while operating or being in any City vehicle or any other City property unless otherwise specifically permitted by this Agreement,including paragraph two of this article. 3 5.Any action taken by the City Manager or Manager's designee concerning the solicitation of City employees for membership in a collective bargaining unit including,signing up of members,collection of initiation fees,dues or assessments,meetings,distribution of bargaining unit or affiliated bargaining unit literature or any other business activity of the bargaining unit on City time and during the working hours of City employees,or on any City property,or in City vehicles or any other City property shall not be a grieveable offense. 6.Create a donation-based leave bank,where,once a year,Officers and Sergeants donate hours to be used by Board Members for official leave. ARTICLE 6.PERSONNEL RECORDS 1.Employees covered by this Agreement shall have the right to inspect their official personnel file and/or their closed Internal Affairs file upon written request through their chain of command both of which shall occur during normal business hours under the supervision of the respective records custodian or the custodian's designee.Employees shall not be compensated should said inspection occur outside employee's regular duty hours.The employee shall have the right to have duplicate copies of any items in their official files created for them,upon payment of the usual charge thereof. 2.Employees covered by this Agreement shall receive copies of any item that is placed in the employee's official personnel file.Employees covered by this Agreement shall also have the right to add written responses to any such item that is placed in the employee's official personnel file.All written responses to such items shall be sent to the Chief of Police via chain of command not more than ten (10)working days following the day of receipt of such items by the employee.Written responses shall strictly parallel the item(s)of concern.Any refusal to sign any document shall be documented on all copies by the issuing officer (i.e,"Employee Refused to Sign");however,no retaliatory or disciplinary action shall be taken against any employee who refuses to sign such a document. 3.To the extent permitted by law,all personnel records of the employees shall be kept confidential and shall not be released to any person except,authorized officials of the City, or in response to a subpoena from a court of competent jurisdiction,or upon written authorization from the employee.In this regard,the FOP recognizes the City's obligation to comply with Chapter 119,Florida Statutes. 4.At no time shall the news media be directly furnished with the home address or home telephone number of any employee or his relatives without the express written consent of the employee. 5.The City shall purge,upon written request from the employee covered by this Agreement,all records of counseling/coaching and oral warnings from the employees'personnel files after one (1)full year of service during which the employee does not receive further counseling or oral warnings of a similar nature.The City may also purge such records as authorized by 4 Florida State Statute,Title X,Chapter 119 and Title XVIII,Chapter 257.36.Such documents shall be kept in a separate file until they are purged. ARTICLE 7.INTERNAL AFFAIRS INVESTIGATION AND OBLIGATION TO THE PUBLIC 1.The parties recognize that the security of the City and its citizens depends to a great extent upon the manner in which the employees covered by this Agreement perform their various duties.Furthermore,the parties recognize that the performance of such duties requires the involvement of those employees in all manner of contacts and relationships with the public and out of such contacts and relationships,questions may arise,or complaints may be made concerning the actions of employees covered by this Agreement.Investigation of such questions and complaints must necessarily be conducted by,or under the direction of, departmental supervisory officials whose primary concern must be the security of the City and the preservation of the public interest and trust. 2.In order to maintain the security of the City and protect the interests and trust of its citizens, the parties agree that the City must have the unrestricted right to conduct investigations of citizens'complaints and matters of internal security;provided,however,that any investigative interrogation of an employee covered by this Agreement relative to a citizen's complaint and/or matter of internal security shall be conducted utilizing FS 112.532. 3.An employee,who is criminally charged in any jurisdiction with a felony or a serious misdemeanor including but not limited to,DUI,lewd and lascivious conduct,indecent exposure or perjury may,upon review of the circumstances by the Chief of Police,be relieved of duty without pay and benefits.If exonerated,the employee shall be compensated for back pay and benefits retroactive to the date the employee was relieved from duty without pay. Any employee placed on leave without pay shall remain on the City's Employee Census but shall be responsible for the full cost of health insurance premiums,during the relief from duty period. 4.Should disciplinary action result from an internal investigation,an employee may,at the option of the Chief of Police,be allowed to use vacation and/or comp time leave to satisfy a suspension which is for five (5)days or less. ARTICLE 8.SHIFTS 1.Seniority shall consist of continuous accumulated paid service in a police classification. Seniority shall be computed from the date of appointment to the police classification and shall accumulate during paid absences because of illness,injury,vacation,military or other authorized compensated leave.In the event bargaining unit employees have the same seniority by classification,seniority shall then be determined as set forth in paragraph 4.c. below. 5 2.Nan-probationary patrol officers and sergeants shall bid (semi-annually)for their choice of shift assignments and days off.Days off shall not be bid until shift assignments are set, including the Chiefs mandatory assignments,if any.The determining factor in said bid process shall be each employee's seniority as defined in paragraph 4.c.below.In order to meet Department operational needs,the Chief may,at his discretion,make no more than three specific assignments (during the semi-annual bid process),to make necessary staffing changes with regard to seniority for minimum staffing and internal affairs related situations.The Chief's assignment of three (3)officers in total is with regard to seniority-and appealable only to the City Manager. 3.A seniority list by shift and work assignment shall be established and shall be utilized when the Department calls in,or holds over,personnel,except in emergency or unusual situations. 4.The parties understand and agree that Seniority for the purposes of this Agreement,unless otherwise stated,shall be determined within each rank for employees covered by this Agreement.Additionally,notwithstanding the above,the following shall be adhered to for purposes of determining seniority as follows: a.Seniority within Sergeant's Rank shall be determined by date of promotion to that rank.In the case of ties,the same procedure outlined in paragraph c.shall be utilized. b.Seniority within a Specialized Unit shall be determined by length of assignment within that specific specialized unit (as described in Article 28,#6)and solely within that specialized unit,and such specialized unit seniority has preference and precedence over departmental seniority.In the case of ties,"Seniority"will be determined by "departmental seniority". c.Departmental Seniority shall consist of continuous sworn accumulated service within the City of South Miami Police Department.Departmental Seniority shall be computed from the date of taking the Police Officer's Oath with the City of South Miami.Where two or more officers take the oath on the same date,the date of hire with the City of South Miami shall be used.If the date of hire is the same,then the drawing of lots shall determine which officer is senior to the other. 5.Vacancies in specialized units shall be filled by permanent employees in all cases unless no permanent employee submits a memorandum of interest and/or can demonstrate the experience and/or the best potential to properly function in such assignment post-training. Should no permanent employee demonstrate said capacity,probationary employees may be considered,or the Chief of Police may direct hire.Assignment determinations shall be made by the chief of police based on the recommendations of a selection panel appointed by the chief and such assignment determinations are not grieveable. 6 6.In the event of a layoff for any reason,employees shall be laid off in the inverse order of their seniority in their classification.Any employee to be laid off who has advanced to his present classification from a lower classification in which he held a permanent appointment,shall,to the extent approved by the Chief of Police and upon the employee's written request,be given a position in a lower classification in the same Department.Such employee's seniority in the lower classification shall be established according to the date of the employee's permanent appointment to that classification.Employees shall be called back from layoffs according to the seniority in the classification from which the employee was laid off.No new employee shall be hired in any classification until all applicable employees on lay-off status in that classification for which they are qualified,have had an opportunity to return to work.Written notice of recall shall be sent by certified mail to the employee's last known address,as long as the employee is still qualified to be an Officer.Recalled employees shall notify the Employer if they desire to return to work within ten (10)calendar days of receipt of recall notice and must return to work within twenty-one (21)calendar days from receipt of recall notice.An employee will be kept on the callback list for two (2)years. 7.Upon application to the Chief of Police,or the Chief's designee,and his approval,employees may exchange shifts,provided that: a.The shift exchange is between employees of like rank and experience. b.The shift exchange is requested in writing at least ten (10)working days in advance by both employees involved in the exchange. 8.When a vacancy occurs on a patrol shift,the entire shift shall not re-bid days off until next shift bid unless agreed upon by the entirety of the shift in which the vacancy occurred.This provision shall apply only to the shift on which the vacancy occurs and not to any other shifts. This re-bidding provision also does not apply should the Chief of Police approve an exchange of shifts as provided for in paragraph 7 of this Article and shall not apply if the vacancy is filled within one (1)month of the next shift/days off picked. 9.The Department shall not modify,alter,adjust,or otherwise change an employee's shift in order to avoid the payment of overtime for the purpose of staffing "all"pre-planned City special events. 10.The Chief retains the right to transfer employees from shift to shift to meet arising operational needs.After a transfer between shifts,days off will be re-bid if the new assignee is junior to others on that shift.The rebidding of the shift shall only be applicable during the first thirty days of each semiannual shift change.Shift transfers are appealable via the chain of command to the Chief of Police.Denial of a shift transfer appeal shall be given in writing with the specific departmental needs identified.Such transfers are not grievable to the City Manager. 7 ARTICLE 9.VEHICLES AND SAFETY EQUIPMENT 1.The City will make a good-faith and energetic effort to maintain Police vehicles and safety equipment in proper working order.Police vehicles operated by the City shall comply with the standards and requirements of applicable Florida State Statutes governing motor vehicle safety equipment.Employees will,as soon as possible,report any broken and/or malfunctioning equipment to their supervisor,but no later than the end of their shift. Employees shall keep the vehicles cleaned and fully fueled at the start of their shift.It is the responsibility of Officers with assigned take-home vehicles to promptly deliver their vehicle to the Motor Pool or dealership as appropriate when repairs are necessary or for scheduled preventative maintenance. 2.The City shall,insofar as possible,equip its marked patrol vehicles with the appropriate lights,siren,first-aid kit,emergency road flares,yellow crime scene tape and fire extinguishers. 3.The City shall furnish riot gear (torso,shoulder,leg and knee,forearm,and gloves)and helmets,riot shields (if applicable)and gas masks individually to all uniformed Officers and Sergeants as necessary.The City shall furnish one flashlight and firearm (of the design approved by the Chief of Police)along with the appropriate amount of ammunition for the authorized and issued firearm to each sworn Law Enforcement Officer covered under this Agreement. 4.Employees agree to be bound by and abide by the Take Home/Assigned Vehicle Policy,as may be revised by the Chief of Police from time to time.The City shall provide the FOP with two (2)weeks advance notice of any modifications to the aforesaid Take-Home Vehicle Policy which become effective after the ratification of this Agreement. 5.Sworn Law Enforcement Officers covered under this Agreement shall be responsible for the timely changing of motor oil and vehicle filters which shall be done at the City of South Miami Motor Pool Public Works Department.Failure to do so on a timely basis will be a violation of this Agreement and the subject of potential disciplinary action.Employees having a take home vehicle shall pay the City twenty-five dollars for each scheduled oil change.Upon ratification of this agreement,-Employees required to conduct an oil change and/or maintenance while off-duty,shall have their time adjusted during the same pay-period (when possible)in which the oil change or maintenance occurred.Under no circumstance will overtime or comp-time be applied.If during a scheduled oil change,it is determined that the vehicle needs maintenance that will exceed two (2)hours,the employee shall contact the on-duty supervisor for use of a spare vehicle. 6.The bargaining unit member must submit a copy of the receipt detailing the vehicle license plate number,the make and model of the police vehicle,the name of the driver,and the date of the motor oil change,and the name,address of the establishment performing the 8 work.Each bargaining unit member must retain a copy of the receipt for a period of three years and must make it available upon request by the Chief of Police or the Chief's designee. ARTICLE 10.PROMOTIONS 1.Employees shall be eligible to take a promotional examination after three continuous years of service as a Police Officer in the South Miami Police Department. Promotional examinations shall be in accordance with validation standards and techniques as established by the Chief of Police.Criteria to be used by the Chief of Police for promotions shall be promulgated and distributed to the bargaining unit at least sixty (60)Calendar days prior to any examination. 2.The City will list the areas which the examinations will cover and the sources from which the examination is drawn.At the conclusion of the examination,the names of all those employees who passed the examination shall be put onto a promotional eligibility list. 3.Whenever a budgeted promotional vacancy exists in a Police Sergeant classification,the City shall fill such vacancy within thirty (30)working days from an existing eligibility list to the extent practicable,if a valid eligibility list is in existence.A promotional eligibility list will expire two (2)years from the date of the examination,which led to its creation.The department should do its best to predict when a promotional examination should be conducted based on retirements,etc.A promoted employee will be paid retroactively to the date of the vacancy of the sergeant classification. 4.The probationary period of employees promoted to Sergeant shall be one (1)year.An employee promoted to Sergeant and then demoted within the probationary period shall have no right of review or appeal concerning such demotion. 5.The Chief of Police will have authority to promote any of the three (3)top ranked candidates on the eligibility list. ARTICLE 11.TRAINING 1.The City will provide law enforcement officers working the 6pm-6am shift covered by this Agreement,administrative leave for the last six(6)hours of their regular duty to in person (excluding online)training if the training is approved by the Chief of Police,and the training is within four (4)hours of the end of their tour of duty for that work week. 2.The City will provide each employee with a copy of training bulletins.Additionally,the City will promptly post in a prominent place and/or disseminate via email,City training bulletins as well as approved training advertisements. 9 3.The City agrees to pay for certain courses.The City agrees to provide at least forty {40)hours of training every four years to meet Florida statutory certification requirements.The City may provide additional training at its discretion. 4.The City shall have the right to change or alter work when scheduling training.To the extent practicable,the City shall give forty-eight (48)hour notice to employees of such off-duty training. 5.The City shall provide weapons training for all employees at least once annually.This training is in addition to the training provided under paragraph 3.Upon qualification and a demonstration of proficiency,employees shall be permitted to carry,on duty, semiautomatic weapons which have been approved by the Department in accordance with Article 30.The Department will make every reasonable effort to facilitate the attendance at the firearm range during an employee's normal working hours.In the event the Department is unable to schedule the employee to attend the firing range during his normal working hours,the employee may be required to attend the firing range during his off-duty hours. The City agrees to provide ammunition for firearms training. ARTICLE 12.GRIEVANCE AND ARBITRATION PROCEDURE 1.In a mutual effort to provide a harmonious working relationship between the parties to this Agreement,it is agreed and understood that there shall be a procedure for the resolution of grievances between the parties.For the purpose of this Article,a grievance is defined as,any dispute,difference or controversy involving the interpretation and application of this Agreement. 2.Any formal grievance filed shall be done utilizing the Grievance Routing Form and shall cite the provisions of the Agreement (i.e.,article &section)alleged to have been violated and shall set forth the facts pertaining to the alleged violation(s). Grievances shall be submitted for disciplinary issues when the final decision and employees'final signature are obtained on the disciplinary form. 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 the applicable Article,the grievance shall be considered conclusively abandoned.Any grievance not timely responded to by management within the prescribed time limits shall automatically advance to the next higher step. Grievances shall be presented in the following manner: STEP 1:The grieving employee shall submit their grievance within ten (10)working days of the occurrence or upon final signature of any disciplinary action to the appropriate Bureau 10 Commander within that employee's chain of command.The Bureau Commander has ten (10)working days to respond in writing to the grieving employee utilizing the Grievance Routing Form of their decision.If the Bureau Commander initiated the action which led to the grievance,the grieving employee shall start at step 2. STEP 2:If the Bureau Commander initiated the actions that led to the grievance,the grieving employee shall submit their grievance to the Assistant Chief or alternate Police Administrator as designated by the Chief of Police,within ten (10)working days of its occurrence.If the grievance was initiated at Step 1,and was not resolved to the employee's satisfaction,the employee must submit their grievance to the Assistant Chief or alternate Police Administrator within ten (10)working days of the final signature of any disciplinary action The Assistant Chief or designee has 10 working days to respond in writing to the grieving employee utilizing the Grievance Routing Form for their decision. STEP 3:Any grievance which cannot be satisfactorily settled with the appropriate supervisor in Step 2 shall next be taken up with the Chief of Police,or the Chief's designee,either by the employee himself,or through a representative of the FOP,at the employee's option.The grievance as specified in writing in Step 2 shall be discussed by and between the employee (or the representative of the FOP and the employee)and the Chief of Police or the Chief's designee,within ten (10)working days after the completion of Step 2.The Chief of Police,or the Chief's designee,shall within ten (10)working days after the discussion (or such longer period as is mutually agreed upon),render a decision in writing and deliver a copy to the FOP and the grievant. STEP 4:In the event the employee is not satisfied with the disposition of the grievance in Step 3,he shall have the right to appeal the decision of the Chief of Police,or the Chief's designee,to the City Manager,or the Manager's designee,within ten (10)working days of the date of issuance of the decision of the Chief of Police or the Chief's designee.Such appeal must be made by delivering a copy of the original written grievance,to the City Manager with a copy to the Chief of Police,together with a letter,signed by the employee,or the representative of the FOP,requesting that the decision of the Chief of Police,or the Chief's designee,be reversed or modified ("Notice of Appeal"). The City Manager,or the Manager's designee,shall meet with the employee and/or the FOP representative within ten (10)working days of receipt of the Notice of Appeal.The City Manager,or the Manager's designee,shall,within fifteen (15)working days of the receipt of the Notice of Appeal (or such longer period as is mutually agreed upon)render a decision in writing and deliver a copy to the FOP and the grievant. Where a grievance is general in nature,in that it applies to a number of employees rather than a single employee ("Class Grievance"),or if the grievance 11 is directly between the FOP and the Department or the City ("FOP Grievance"), such grievance shall be presented in writing directly to the Chief of Police within ten (10)working days of the occurrence of the event(s)that gave rise to the grievance.The Class Grievance shall be signed by the aggrieved employees and the Representative of the FOP.Thereafter,the grievance shall be processed in accordance with the procedures set forth in Step 3 and Step 4. If the grievance involves discharge,suspension or demotion of the employee, such grievance shall be filed at Step 4 within ten (10)working days from the date that the employee receives the "Final Discipline Notice".The Final Discipline Notice is the disciplinary report or memorandum signed by the Chief of Police or the Chief's designee,containing his recommendation for disciplinary action against the employee. Coaching and counseling shall be filed at_the appropriate initiation level and shall only be grieveable up to Step 3 of the Grievance Procedure.Written reprimands shall be filed at the appropriate initiation level and shall only be grievable to Step 4 of the Grievance Procedure.Therefore,such action shall not be the subject of arbitration.Satisfactory evaluations are not grieveable and,therefore,they shall not be the subject of arbitration;however,the employee may forward his or her comments regarding such evaluation through the chain of command prior to the Reviewer's finalization of the evaluation.In addition,matters relating to the assignment,hiring,promotion,or demotion of probationary employees,as well as any decision by the City Manager on any matter not involving loss of pay shall be final and binding and not be the subject of any arbitration. If a grievance that has advanced to Step 4 has not been resolved,the grievant may demand arbitration of the grievance if it is arbitral.The demand for arbitration shall be delivered to the City Manager within fifteen (15)working days after the City Manager,or the Manager's designee,renders a written decision on the grievance.All other matters not deemed grievable or arbitral or other matters that have been deemed by this Agreement to not be the subject of arbitration,including those relating to the assignment,hiring,promotion,or demotion of probationary employees,as well as any decision by the City Manager on any matter of discipline not involving loss of pay shall be final and binding and not be the subject of any arbitration The parties shall attempt to mutually select an impartial arbitrator within ten (10)days after a demand for arbitration has been made pursuant to this Article.The arbitrator shall be any impartial person mutually agreed upon by and between the parties.However,in the event the parties are unable to agree upon said impartial arbitrator within fifteen (15)days of the demand for arbitration,the grievant must file his grievance with the Federal Mediation and Conciliation Service (FMCS)within twenty (20)working days of the delivery of the demand for arbitration and shall 12 request a panel of five (5)names The parties shall make their choice of the impartial arbitrator by alternately rank ordering the panel of arbitrators (i.e.1-7 with 1being the most acceptable and 7 being the least acceptable)within seven (7)working days after receipt of the panel from FMCS.The parties may,by written mutual agreement,extend the time frame for rank ordering the panel of arbitrators.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)working days of the close of the arbitration hearing.The arbitrator's award shall be final and binding on the parties.Either party may reject up to two (2)arbitration panels in any given case. The City and employee,or the FOP with the written consent of the aggrieved employee shall mutually agree in writing as to the statement of the grievance to be arbitrated prior to the arbitration hearing,and the arbitrator,thereafter,shall confine his decision to the grievance thus specified.In the event the parties fail to agree on the statement of the grievance to be submitted to the arbitrator,the arbitrator will confine 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.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.The arbitrator shall not have the power or authority to interpret the unambiguous provisions of this Agreement. Each party shall bear the expense of its own witnesses and of its own representatives for purposes of the arbitration hearing.The impartial arbitrator's fee and related expenses and expenses of obtaining a hearing room, if any,shall be equally divided between the parties.Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both parties mutually agree to share the said cost. ARTICLE 13.HOLIDAYS 1.The following paid holidays shall be granted under the following conditions: ii.January 1New Year's Day iii.3rd Monday of January Martin Luther King's Birthday 13 iv.3rd Monday of February President's Day v.4th Monday of May Memorial Day vi.June 19th vii.July 4 Independence Day viii.1st Monday of September Labor Day ix.Columbus Day x.Veteran's Day xi.Last Thursday in November Thanksgiving Day xii.Friday after Thanksgiving xiii.December 24 Christmas Eve xiv.December 25 Christmas Day 2.When a holiday falls on the regularly assigned day off for an employee,such employee shall receive,at the employee's option,(8 hours)at their straight-time rate of pay,or compensatory time at their straight-time rate of pay. 3.Birthday and two floating holidays will be credited to the employee after 1year of continuous service and shall only be taken as leave time. 4.Holidays will be observed on the actual day it falls on. Employees whose shift begins on a holiday will get compensated at the rate of time and one- half of the employee's regular straight-time rate for actual hours worked. ARTICLE 14.SICK LEAVE 1.Sick leave shall be granted to employees for absence for the following conditions: (a)Personal illness or physical disability resulting in the incapacity of the employee to perform the regular duties of his position and not arising from a service- connected injury or accident. (b)Medical,dental,or optical treatments and examinations. 14 (c)Personal illness or physical disability resulting in the incapacity of the employee to perform the usual duties of his position and arising from a service-connected injury or accident,but only after all available disability benefits offered under Workmen 's Compensation are exhausted,provided further that use of sick leave in this manner shall be at the employee's request and is not mandatory. (d)Illness or injury to a member of a bargaining unit member's immediate family that requires the employee to care for that immediate family member. 2.Employees shall be credited with eight (8)hours of sick leave at the beginning of each month active duty during the year. 3.Sick leave may be taken only to the extent that it is accumulated.No advance sick leave shall be granted except in an emergency and upon approval of the City Manager. 4.Employees hired before October 1,1995 will be eligible to receive the sick leave payout, with the existing cap of 600 hours,for the term of this Agreement.Employees hired on or after October 1,1995 who,voluntary termination from the City,have a minimum of 300 hours of leave deposited in their sick leave bank,shall be entitled to a termination payout of 150 200 sick leave hours.Employees hired on or after October 1,1995,with less than 300 hours of sick leave will not be entitled to a sick leave payout upon termination. 5.Effective October 1,1995,employees will be allowed to accrue sick leave in excess of the 600 hours cap.Nevertheless,the sick leave payout will be governed by section 4 of this Article. 6.All current employees as of October 1,1995,will retain current payout provision upon termination of employment,and will have no cap on sick leave accrual.All employees hired after October 1,1995,shall receive no sick leave payout upon termination,but will have a no-cap"maximum on sick leave accrual.Employees who have not personally utilized more than thirty-two (32)hours of sick leave within a consecutive twelve (12)month period and now have a sick leave balance greater than 30 days (240 hours)shall be eligible to convert up to 5 days (40 hours)of sick leave to annual leave,provided that the employee retains sick leave minimum balance of 200 hours.The catastrophic illness bank will be abolished, and accrued hours will return to employees who have accrued this leave. 7.An employee whose service with the City is terminated and who has taken sick leave that is unearned at the date of termination,shall reimburse the City for all salary paid in connection with such unearned leave,unless employment is terminated by the death of an employee,or the employee is unable to return to duty because of his disability,the evidence of which shall be supported by an acceptable medical certificate. 15 8.In all cases of absence on sick leave in excess of three (3)working days and in cases of absence on sick leave for any period less than three (3)working days when the Manager or Chief of Police,or the Chief's designee,("Department Head")shall so direct,the written request for sick leave shall be accompanied by a certificate signed by the physician or other licensed medical practitioner treating the employee,certifying as to the incapacity of the employee during such period to perform the usual duties of the employee's position.Such directives of the Human Resources and Risk Manager or Department Head shall be valid and in force for a period not to exceed twelve weeks.The Human Resources and Risk Manager or the Department Head may issue additional directives not to exceed twelve weeks in duration,in their discretion with the approval of the City Manager.The issuance of all such directives may be appealed to the City Manager.Failure to furnish such a medical certificate for absences in excess of three (3)workdays,or for any absence when so directed by the Department Head or Human Resources Office,shall result in the absence being charged to the employee's vacation leave. 9.The parties agree that the City may take any steps it deems appropriate to strictly administer and enforce the City sick leave policy in such a manner as to eliminate abuse of sick leave privilege. 10.In the event an employee is killed in the line of duty,or by natural causes,his heirs shall receive one hundred percent (100%)of his accumulated sick leave time. 11.It is further understood and agreed that all issues pertaining to sick leave usage shall be governed by City of South Miami Sick Leave Policy. ARTICLE 15.BEREAVEMENT LEAVE 1.Employees covered by this Agreement after providing adequate notice concerning the death of an immediate family member shall be entitled to bereavement leave with pay up to a maximum of four (4)workdays in the event of such death. 2.Two additional days of leave may be granted if travel in excess of 250 miles one way is necessary. 3.The phrase "immediate family"shall be defined as the employee's spouse,grandparents, parents,stepparents,children,stepchildren,grandchildren,brothers,stepbrothers,sisters, stepsisters,father-in-law,mother-in-law,brother-in-law,sister-in-law,and domestic partner. 4.Proof of death in the immediate family in the form of death certificate or public obituary must be provided to the City Manager,or the Manager's designee,before compensation is approved. 16 5.Bereavement leave shall not be charged to sick leave or annual leave. 6.Should an employee require more bereavement leave in excess of the allotted time,he may request additional time not to exceed ten (10)days.Such requests must be submitted at least five (5)days prior to the start of the requested leave and be pre-approved by the Chief of Police,or the Chief's designee.Moreover,the employee requesting such additional leave must have at least ten (10)days in either his vacation or compensatory leave banks,from which the requested time will be deducted. ARTICLE 16.LEAVE OF ABSENCE 1.Leave without pay and without benefits may be granted by the City Manager for a period not to exceed six (6)calendar months to enable the employee to receive professional or technical training which will improve their work upon their return to service,or because of the employee's extended illness or non-job-related disability,or bereavement.Leave without pay may be granted by the City Manager to an employee for a period not to exceed one (1) calendar month for any other purpose. 2.Leave without pay granted to any employee shall not to be charged against vacation leave, but entry thereof shall be made upon the leave records of such employee. 3.Any employee granted leave without pay for six (6)months or more,shall not be entitled to return to his original position if it is not available but shall be entitled to be placed in another job position for which he qualifies and only ifajob position is available.It is clearly understood that if the job position last held has been filled or eliminated,the Department will make every effort to place the employee in another position for which said employee qualifies.If placed in another job position,said employee shall be entitled only to the wage scale for such new position.If no position is available,the Department will give priority to said employee as soon as a new job position for which the employee qualifies,is available. ARTICLE 17.VACATION LEAVE 1.The term "Vacation Leave"shall be used to designate leave with pay granted to an employee on the following prorated basis:Years of Uninterrupted Service Amount of Vacation,upon ratification of this agreement: a)1to 4 years inclusive.8 hours per month b)5 to 9 years inclusive.10 hours per month c)10 to 14 years inclusive.12 hours per month d)15 to 19 years inclusive.14 hours per month 17 e)20 years and over.16 hours per month (i)Vacation shall require approval of the Chief of Police or the Chief's designee, and at no time shall an employee be allowed more vacation leave than has been accumulated. (ii)Earned vacation leave is principally intended for use during the year in which it is earned.Under exceptional circumstances and upon written request within the year in which the vacation leave is earned,such time may be used up to 30 calendar days past the employee's anniversary date with the written approval of the City Manager. (iii)Vacation leave may be taken to the extent that it is earned by the employee, subject to the prior approval of the Chief of Police,upon written application by the employee in advance,and at the convenience of the City. (iv)Any earned and credited vacation leave to the credit of an employee in good standing when he terminates his employment with the City will be paid prorated at the employee's current rate of pay with the last paycheck received. ARTICLE 18.EXTRA-DUTY POLICE EMPLOYMENT Employees agree to be bound by and abide by the Extra-Duty Police Employment policy as developed by the Chief of Police.The City shall provide the FOP with two (2)weeks advance notice of any modifications to the aforesaid Extra-Duty Police Employment policy which becomes effective after the ratification of this Agreement. Employees covered by this agreement shall receive a minimum of four (4)hours'pay at the according extra-duty rate of pay if the job is stopped prior to reaching four (4)hours of actual time worked. ARTICLE 19.INSURANCE BENEFITS The City agrees to pay for HMO health insurance for all employees covered by this Agreement. Employees wanting the optional POS or PPO health insurance will pay the difference between the HMO plan and the optional plan chosen.The City will attempt to continue the current levels of coverage for dental,life and disability insurance.The employee agrees to pay 100%of dependent coverage for health and dental insurance. The City agrees to remain in compliance with Section 112.0801,Florida Statutes which states in pertinent part that eligible full-time employees of the City that are participants in the City's health insurance plans at the time of their retirement shall be afforded the option of continuing to participate in the plans as a Retiree.The City will provide a $150 monthly stipend to subsidize 18 the cost of retiree-only health insurance,for any retiree that remains on the City's insurance, until the retiree is eligible for Medicare/Social Security.Procedural information can be found in the referenced Statute and on the City's Employee Policies and Procedures Manual. ARTICLE 20.HOURS OF WORK AND OVERTIME 1.The normal work period for employees covered by this Agreement shall be eighty (80) hours in a fourteen (14)day pay period.The number of hours per day and days per week shall be determined by the Police Chief.Employees of the bargaining unit are "7(k)" employees for purposes of application of the Fair Labor Standard Act.Nothing herein shall guarantee any employee payment for an eighty (80)hour pay period unless the employee actually works eighty (80)hours.Actual hours worked shall not include City recognized holidays.Birthday,floating holiday,vacation leave,and compensatory leave will be considered as time actually worked.Effective upon ratification and for a period of twelve (12)months,sick leave will be considered as time actually worked for purposes of overtime computation.Twelve (12)months after the ratification of this Agreement,the Parties will reopen the Agreement only to negotiate the continued recognition of sick leave as hours worked or any modifications to this provision for the remaining term of this Agreement. Employees whose hours of actual work exceed eighty (80)hours in a fourteen (14)day pay period shall be compensated at the rate of time and one-half of the employees regular straight-time rate for all time worked in excess of 80 hours in a pay period.Overtime shall be made available based on need by rank and offered by rank in order of seniority unless the existence of emergency or exigent circumstance do not allow a reasonable amount of time to contact employees on a seniority basis or unless the work involves 'crime prevention details'burglary details,traffic,'wolf-pack'details,etc. 2.If an employee covered by this Agreement is called to work at a time outside his scheduled working hours after he has actually worked eighty (80)hours in a pay period,he shall receive a minimum of four (4)hours'pay at the rate of time and one-half his regular¬ straight time for such work occurring outside his scheduled working hours.However,if the employee is called to work during a holiday,the employee shall be paid in accordance with Article 13 and not this Article. 3.Employees who are required to attend an off-duty deposition or court appearance after having actually worked eighty (80)hours in a pay period and when the appearance is as a subpoenaed witness in the federal or state courts or as a deponent in pending criminal, civil or traffic cases involving or arising out of the discharge of the employee's duties in the course of his employment with the City,he will receive a minimum of four (4)hours pay at the rate of time and one half of their regular straight-time rate for in-person attendance and a minimum of three (3)hours for zoom/virtual attendance.Employees shall be allowed to retain witness and travel fees received for court and deposition appearances. 19 4.If the officer is required to hold over for any reason within one hour of the normal tour of duty after having actually worked eighty (80)hours in a pay period,it will be considered an extension of the shift,entitling the officer to overtime pay. 5.Insofar as possible,employees covered by this Agreement shall be given forty-eight (48) hours'notice of any changes in their regular hours of work.Further,insofar as possible,the Department will avoid scheduling an employee to work on continuous shifts.Should an employee be scheduled to work continuous shifts,their days off may be adjusted within the same pay period by the Department.Employees shall be given two (2)weeks'notice of normal shift change. 6.No supervisor or official shall take action to cause the non-payment of overtime in circumstances wherein an employee covered by this Agreement has performed work,which entitles him to payment of overtime as provided herein,provided that nothing herein shall restrict the City or the Department from altering work schedules or taking any other action to reduce the number of overtime,court time,or call-out hours worked by the employee covered by this Agreement. 7.The Department reserves the right to institute any procedure or system it deems appropriate to measure,record and/or verify attendance at and duration off-duty court appearances. Strict compliance with any procedure or system so instituted by the Department shall be a condition precedent to obtaining compensation for an off-duty court appearance under Paragraph 3 above. 8.Employees,who participate in authorized special events for the City,shall be entitled to be paid at the rate of time and one-half of the employee's regular straight time rates regardless of actual hours worked during that pay period unless the officer is on their regularly scheduled shift.Refer to Article 8,paragraph 9. 9.Compensatory time shall be administered in accordance with the following guidelines: (a)Compensatory leave may be accrued to a maximum of three hundred (300)hours. Certain current employees,who have an accrual in excess of the current cap,will be "grandfathered"to allow them to retain their accrued balance.However,such employees shall not be eligible for accrual of any additional compensatory leave until their balance falls below the 300-hour cap and at that time their accrual cap becomes (300)hours. (b)Compensatory leave may be taken in unlimited blocks of time,provided operational needs have been met,as determined and approved by the Chief of Police. (c)Once approved,compensatory leave will not be canceled by the Department unless warranted by an emergency situation,as determined by the Chief of Police,exists. 20 10.The Chief of Police will conduct a straw poll of all Sergeants and Officers prior to changing shift schedules in absence of operational needs.If the majority of Sergeants and Officers who participated in the poll agree to adopt the polled shift schedule(s),the Chief of Police or designee will prepare and present a Memorandum of Understanding (MOU)within 30 days of said polling affirming such approval.The Chief of Police reserves the right to adopt 8-,10-and 12-hour shifts for different Divisions and/or assignments and/or operational needs. 11.If the Police Chief declares Alpha/Bravo mobilization pursuant to a declared State of Emergency and the City of South Miami is reimbursed monies by the Federal Emergency Management Agency,then employees will receive double time pay for all hours worked during the Alpha/Bravo mobilization to the extent reimbursed by the Federal Government. ARTICLE 21.MANAGEMENT RIGHTS 1.The FOP and its members recognize that the City has the exclusive right to manage and direct all of its operations and when these rights are exercised,they shall not be the subject of any grievance.Accordingly,the City specifically,but not by way of limitation,reserves the exclusive right without redress by the employees or the FOP to: a.Decide the scope of service to be performed and the method of service; b.Hire and/or otherwise determine the qualifications of employees and the criteria and standards for employment; c.Fire,demote,suspend or otherwise discipline employees for proper just cause including a violation of the criteria and standards for employment; d.Promote and determine the qualifications of employees; e.Layoff and/or relieve employees from duty due to lack of work; f.Rehire employees; g.Determine the starting and quitting time and the numbers of hours and shifts to be worked subject to Article 20; h.Determine the allocation and content of job classifications; j.Formulate and/or amend job descriptions; 21 k.Merge,consolidate,expand,curtail or discontinue temporarily or permanently,in whole or in part,operations whenever in the sole discretion of the City good business judgment makes such action advisable; I.Contract and/or subcontract any existing or future work; m.Expand,reduce,alter,combine,assign,or cease any job; n.Determine whether and to what extent the work required in its operation shall be performed by employees covered by this Agreement; o.Control the use of equipment and property of the City;Determine the number, location,and operation of headquarters,annexes,substations and divisions thereof; p.Schedule and assign the work to the employees and to determine the size and composition of the work force; q.Determine the services to be provided to the public and the maintenance, procedures,materials,facilities,and equipment to be used,and to introduce new or improved services,maintenance procedures,materials,facilities and equipment; r.Take whatever action may be necessary to carry out the mission and responsibilities of the City in emergency situations; s.Formulate,amend,revise and implement policy,programs,rules and regulations; t.Have complete authority to exercise those rights and powers that are incidental to the rights and powers enumerated above,including the right to make unilateral changes, 2.The above rights of the City are not meant to be all-inclusive,but are meant as illustrations, which indicate the type of matters,or rights,which belong to and are inherent in the City as the employer.Any of the rights,powers,and authority the City had prior to entering their collective bargaining Agreement are retained by the City,except as specifically abridged,delegated,granted or modified by this Agreement. 3.If the City fails to exercise any one or more of the above functions from time to time,this will not be deemed a waiver of the City's right to exercise any or all of such functions. 22 ARTICLE 22.WORK STOPPAGES 1.The FOP agrees that,under no circumstances,shall there be any work stoppage,strike, improper political activity,sympathy strike,safety strike,jurisdictional dispute,walkout,sit down,stay-in,sick-out or any other concerted failure or refusal to perform assigned work for any reason whatsoever,or picketing in the furtherance of any of the above-prohibited activities,nor shall any bargaining unit personnel refuse to cross any picket line at any location,whether the picketing is being done by the FOP or any other employee organization or union. 2.The FOP agrees that the City shall retain the right to discharge or otherwise discipline one, some,or all of the employees participating in or promoting any of the activities enumerated in paragraph 1 above,the exercise of such rights by the City will not be subject to recourse under the grievance/arbitration process. 3.It is recognized by the parties that the improper activities enumerated in paragraphs I and 2 above,are contrary to the ideals of professionalism and to the City's community responsibility. Accordingly,it is understood and agreed that in the event of any violation of this Article,the City shall be entitled to seek and obtain legal and/or equitable relief in any court of competent jurisdiction. 4.For the purpose of this Article,it is agreed that the FOP shall be responsible for any act committed by its officers,agent,and/or representatives which act constitutes a violation of state law or the provision herein.In addition to all other rights and remedies available to the City under State law,in the event of a breach of the provisions herein,the City shall have the right to unilaterally and without further notice terminate this collective bargaining Agreement, withdraw recognition from the FOP,and cease dues deductions. ARTICLE 23.AWARDS The City and Employees agree to be bound by and abide by the Awards policy as developed by the Chief of Police. ARTICLE 24.MILITARY LEAVE Any employee covered by this Agreement shall provide a minimum of two weeks advance notice (when feasible)or upon immediate notification of their official orders requiring their attendance for training or other active duty as a member of the United States Armed Forces or the State of Florida National Guard and shall be entitled to military leave pursuant to Chapter 115.07,Florida Statutes. 23 ARTICLE 25 AUTHORIZED USE OF PRIVATE AUTOMOBILE An employee authorized to use their private automobile by the Chief of Police or the Chief's designee in the performance of their City duties will be compensated at the mileage rate prescribed by Florida Statutes.Such mileage shall be computed based on the distance between the employee1 regular duty station and the place of assignment or the employee's residence and the place of assignment,whichever is shorter.Mileage shall not be paid for commuting to and from the regular duty station or for court appearances or case-related conferences and depositions. ARTICLE 26.BULLETIN BOARDS The City shall permit the FOP to post notices of an informational nature and names and addresses of officers,directors,and representatives of the Employee Organization on a bulletin board in roll call room of the Police Station,or other location as may be necessary as determined by the Chief of Police.A copy of each notice to be posted shall be approved by the Chief of Police or the Chief's designee prior to posting.Under no circumstances shall the FOP tender for posting,any notice or material tending to,directly or indirectly,disparage any elected or appointed official or employee of the City.An Officer of the FOP shall sign each notice to be posted. ARTICLE 27.SEVERABILITY CLAUSE Should any provision of this Agreement or any part thereof,be rendered or declared invalid by reason of any existing or subsequently enacted State or federal legislation,or by any decree of a court of competent jurisdiction,all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement.Furthermore,should any provision of this Agreement become invalid,as described above,the parties may meet within thirty (30) calendar days of such decision or legislation to discuss substitute provisions or ramifications of such action of this Agreement. ARTICLE 28.COMPENSATION 1.Bargaining unit employees who serve as Field Training Officers (FTO)pursuant to the criteria below will receive a base hourly rate supplement of seven percent (7%)during the time that the employee performs FTO duties.In order to receive the FTO supplement,the employee must:(1)possess an FTO certificate from the State of Florida,and (2)be assigned to the FTO Squad.(Thus,employees will receive FTO pay only during those days in which the employee is at work,is assigned to FTO duties and performs FTO duties).The seven percent (7%)FTO supplement will be added to the employee's base pay for the days during which the employee receives such supplement.Bargaining unit employees who serve as Field Training Supervisors (FTS)will receive a base hourly rate supplement of 2.5%during the time that 24 the employee performs FTS duties._The assignment pay shall be tied to the base salary for overtime and pension calculation. 2.Bargaining unit employees covered by this Agreement who are temporarily assigned to a higher rank shall receive seven percent (7%)of his/her base hourly rate as a supplement for each full day worked in the higher rank.The assignment pay shall be tied to the base salary for overtime and pension calculation. 3.Longevity pay shall be calculated based on the hourly rate of each bargaining unit employee. 4.Effective upon ratification,the hazard duty pay benefit shall be eliminated and converted to a pensionable one-time,non-recurring $2,210 salary increase for bargaining unit employees covered under this Agreement and payable on the first pay-period after ratification. Effective upon ratification,the parties agree to the following salary ranges for the Police Officer and Police Sergeant classifications: Officer:Minimum Maximum $70,802 $115,321 Sergeant:$84,015 $137,091 The salary ranges will increase each fiscal year with the cost-of-living adjustments provided in this article;accordingly,employees at the maximum of a pay range will continue to receive a cost-of-living adjustment each fiscal year.An employee will not,however,receive the annual merit pay increase provided in this article if they are at the maximum of the salary as of the date of their anniversary. 5.Effective upon ratification through September 30,2025,Police officers and sergeants assigned to uniform patrol who are covered under this Agreement and are assigned to work between the hours of 6PM to 6AM shall receive a shift differential pay of 3%of their base salary. Effective October 1,2025,through September 30,2026,Police officers and sergeants assigned to uniform patrol who are covered under this Agreement and are assigned to work between the hours of 6PM to 6AM shall receive a shift differential pay of 3.5%of their base salary. Effective October 1,2026,through September 30,2027,Police officers and sergeants assigned to uniform patrol who are covered under this Agreement and are assigned to work between the hours of 6PM to 6AM shall receive a shift differential pay of 4%of their base salary. The shift differential,for overtime and pension calculation,is not tied to the base.Hours must be actually worked in order to receive the differential pay. 25 6.Upon ratification through September 30,2025,Police Officers and Sergeants covered under this Agreement who are assigned to the following specialized units shall be eligible for an assignment pay of 3%of their base salary. Effective October 1,2025 to September 30,2026,Police Officers and Sergeants covered under this Agreement who are assigned to the specialized units specified in this Article shall be eligible for an assignment pay of 3.5%of their base salary. Effective October 1,2026,to September 30,2027,Police Officers and Sergeants covered under this Agreement who are assigned to the specialized units specified in this Article shall be eligible for an assignment pay of 4%of their base salary. The assignment pay is not tied to the base for overtime and pension calculation.Employees eligible for specialized unit pay will only be eligible for one such assignment pay increase regardless of how many specialized units they participate in. a)Motors b)C.I.D. c)Community Patrol/PAL d)K-9 e)SWAT 7.For the purposes of this agreement the Consumer Price Index shall be calculated as follows -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,by receiving a COLA raise every year on October 1st based on the CPI average,with no less than a minimum of two percent (2%)to a maximum of six percent (6%). 8.The merit pay program shall be given every year.A merit pay increase will be awarded on the employee's anniversary date within the employee's classification,provided the employee meets the provisions contained in this article.The merit pay increase will be 2.5% per year. 9.Within the twelve (12)month period immediately preceding the effective date of the merit increase Employee must not have any of the following (these rules do not apply for the CPI increase): i.Received a score below 3.0 on the annual performance review 10.An Employee must be an employee of the City on the date the merit pay increase is scheduled to be awarded. 11.Effective October 1,2024,employees covered by this Agreement with 10 years of continuous satisfactory full-time service shall receive a longevity raise of 3%of the employee's base salary on their anniversary date (Longevity 1).After 15 years of continuous 26 satisfactory full-time service the employee will receive an additional 4%longevity raise (Longevity 2).After 20 years of continuous satisfactory full-time service,the employee will receive an additional 5%longevity raise (Longevity 3). 12.An employee promoted to Sergeant will receive a one (1)time 15%increase regardless of which step he has attained in the merit-based step system.The employee will continue to receive eligible steps based on the merit-based step system. ARTICLE 29.PROHIBITION AGAINST RE-OPENING OF NEGOTIATIONS Except as specifically provided herein,neither party hereto shall be permitted to re-open this Agreement or any part of this Agreement.This Agreement contains the entire Agreement of the parties on all matters relative to wages,hours,working conditions,and all other matters which have been,or could have been negotiated by and between the parties prior to the execution of this Agreement. ARTICLE 30.UNIFORMSAND EQUIPMENT 1.Employees covered by this Agreement shall receive from the City upon appointment,at no cost to the employee,a new uniform,which shall consist of the following: (a)One (1)long sleeve shirt; (b)Five (5)short sleeve shirts; (c)Five (5)pairs of trousers; (d)One (1)hat with hat badge (e)Badge and name tag; (f)Duty belt and accessories to include:but not be limited to:handcuffs case magazine holder,holster and hand held radio holder; (g)The appropriate quantity of ammunition; (h)One (1)jacket with zip-out lining; (i)One (1)pairs police low quarter corfam shoes and one (1)pair alternative footwear (IE Boots,sneakers Etc.); (j)Raingear 2.The above items shall be replaced as needed,by the City,within a reasonable amount of time after the employee has submitted a written request.Such requests shall include the reason for replacement and is contingent upon approval of the Chief of Police or the Chief's designee, via the chain of command. 3.Commencing with the ratification of this Agreement,employees who are required to wear non-issued clothing will receive a clothing allotment of $700 dollars annually.One-half (1/2) of said allotment will be paid on the pay day nearest the 15th of December of each year and the other one-half (1/2)will be paid on the pay day nearest the 15th of June of each year provided that the employee is employed on said day. 27 4.Commencing with the ratification of this agreement,uniformed employees covered under this Agreement will receive a clothing allowance of $400 dollars annually.One-half (1/2)of said allotment will be paid on the pay day nearest the 15th of December of each year and the other one-half (1/2)will be paid on the pay day nearest the 15th of June of each year provided that the employee is employed on said day.Any employee who receives a clothing/uniform allowance in advance who terminates employment,except for retirement,will have a prorated portion of that allowance deducted from the final paycheck.No final paycheck will be given the terminated employee until all city-owned property such as uniforms and equipment,ID,etc.has been returned to the City. 5.Commencing with the ratification of this Agreement each bargaining unit employee covered by this Agreement shall be provided with a Level III A bullet resistant vest.The wearing of the vest will be in compliance with Department policy. 6.Each Officer (upon request)will be issued surgical gloves and a plastic pocket resuscitation mask for use in administering first aid.Such items shall be replaced as needed. 7.Uniformed personnel shall be permitted to wear,as part of their uniform,a standard knife (The blade of which shall not exceed three inches in length)and case,the finish of which matches the duty belt accessories issued by the City.The uniformed personnel shall not carry any knife on their person other than that which is contained in said case. ARTICLE 31.PHYSICAL EXAMINATION AND WORKERS'COMPENSATION BENEFITS 1.Employees will receive an electrocardiogram,eye exam,and physical examination to include alcohol and drug screen testing at least once a year (12 months)performed by a physician or agency selected by the City or when requested by the City.Scheduling of the above will be at the discretion of the City,and the results will become part of the employee's permanent record.The City will undertake the cost of the examination and will furnish the employee with a copy of the examination report. 2.In the event of an on-the-job injury to an employee,not as a result of negligence by the employee,such employee will be carried at full pay and benefits for a period not to exceed 180 calendar days from the first day of injury.The Chief of Police may determine that a prior sustained injury reported on a subsequent date is acceptable and the 180-benefit period can be initiated at that time at the Chiefs discretion. 3.Any employee injured on the job,and not as a result of his negligence,shall be paid the regular full wage for the day of the accident if their treating physician advises that he should not return to work that day. 28 4.Employees covered by this Agreement further agree that,in the interest of public confidence,there needs to exist a management right to submit employees at random and without notification for testing such as for Drug and Alcohol use.Said tests shall be in addition to the annual physical and may occur not more than one time per employee each calendar year. 5.Personnel requesting light duty status based on non-work-related injuries shall file request for such duty with supporting medical documentation to the Chief of Police.If light duty status is available and is approved by the Chief at his discretion as per the Personnel Manual,the employee will be assigned duties and shift as per Departmental needs at the Chief's discretion. ARTICLE 32.RETIREMENT BENEFITS 1.Each employee who retires based on receiving full retirement benefits without penalty or medical disability shall receive an honorary one-grade promotion and shall be issued a badge and identification card clearly marked "retired,"and their service issued firearm..The honorary one-grade promotion shall not affect salary,benefits or the calculations of pension and/or distributions. 2.Bargaining unit employees shall be 100%vested in the retirement plan when completion of ten (10)years credited full time service in the retirement plan is completed. 3.Effective October 1,2001,the employee contribution to the retirement plan will be 7.5%. Should the total contribution be actuarially determined to exceed 15%,both the City and the employees will share equally the excess amount (should the total contribution be actuarially determined to be 17%,the City shall contribute a total of 8.5%and the employees shall contribute a total of 8.5%).Employee contribution will not exceed 12%. 4.Below is the sum of the amount to be paid from the Chapter 185 Police Retirement funds to the South Miami Police Pension Plan each year,regardless of the growth or diminution in future Chapter 185 funds.Below is a breakdown of the minimum benefit,the cost,and date of expiration. Minimum Benefits Adopted New normal (25 years) Participate on their date of employment &Minimum $12,496 Ordinance 30-01-1761 (Forever) Multiplier of 2%$25,282 Ordinance 06-05-1828 (Payments End on 9/31/26) New normal (55 &10)&Early retirement eligibility date $41,450 Ordinance 38-19-2351 (Forever) TOTAL PROVIDED TO THE POLICE PENSION PLAN $79,228 29 The Union will adopt the four outstanding minimum benefits (Normal form of payment,Service- Connected Disability Benefit,Non Service-Connected Disability Benefit,and Death Benefit)as of the date of ratification. A portion of the "reserve for future minimum benefits"which had a balance of $139,508 as of September 30,2023,will be used to zero out all negative accounts in the Share Plan and the remaining balance of the reserve fund will be applied to help pay for the remaining minimum benefits. All future 185 contributions from the state will be allocated to first pay for minimum benefits.Should the annual cost of minimum benefits ever exceed the 185-contribution amount provided by the State,the City will pay the difference,however,any future annual state money received in excess of the annual cost of minimum benefitswill be used to repay the City's pension contributions,until additional amounts paid by city to fund minimum benefits are repaid in full.Once amounts paid by city to fund the minimum benefits are repaid in full,the annual 185 contributions from the State in excess of annual cost of minimum benefits will be allocated to police Share Plan accounts,with each active member with at least 1year of service receiving an equal share of the excess each year. It is understood and agreed that these terms are contingent upon this same language being approved and incorporated into the CBA for the Captains and Lieutenants Bargaining Unit. 5.The retirement plan is mandatory for all employees,covered under this Agreement,hired after October 1,1995. 6.Final average compensation shall mean the participant's annual compensation,as determined by the employer,acting in a uniform and nondiscriminatory manner'averaged over the best five (5)year period of the participant's career with the City of South Miami ending on the participant's retirement date,date of disability,date of termination of employment,or date of termination of the plan,whichever is applicable.For the purposes of this Agreement the best five (5)years is defined as best five -26 consecutive pay periods within a participant's career and such consecutive year periods shall not overlap one another. 7.The normal retirement date (the earliest date a bargaining unit employee may retire with full unreduced pension benefits)for a participant shall be on the date that the participant has completed 25 years of credited police service,regardless of age,or attainment of age sixty 60 and completion of ten 10 years of credited police service. 8.Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for active duty in the U.S.military service,up to a maximum of five (5)years in the 30 South Miami Retirement System,pursuant to procedures to be promulgated by the City in consultation with the FOP. 9.Employees covered by this Agreement shall be allowed to apply for permission to purchase credit for immediate past City service as a member of the bargaining unit up to a maximum of five (5)years in the South Miami Retirement System pursuant to procedures to be . promulgated by the City in consultation with the FOP.The actuarial and technical language is to be prepared by actuarial company,approved by the City and the FOP,and adopted by the Pension Board.Any condition or impairment of health of any police officer caused by tuberculosis,hypertension,heart disease,or hardening of the arteries,resulting in total disability or death,shall be presumed to be accidental and suffered in the line of duty unless the contrary be shown by competent evidence. Effective October 1,2024,Employees covered by this Agreement who are not participating in the DROP shall be allowed to apply for permission to purchase credit for prior service as a police officer for any other municipal,county or state or federal law enforcement department as long the member is not entitled to receive a benefit for such prior service. The maximum number of years of credited service that may be purchased for prior police service shall be five years.Credited service purchased pursuant to this section shall apply for the purpose of pension benefit calculations but not toward vesting under the plan.The member shall pay the full actuarial cost of the service purchase as calculated by the Plan's actuary,plus any fees charged by Plan's actuary to perform the service purchase calculations.Payment for prior police service may be made in a lump sum or deducted from the member's pay,with interest at the assumed rate of investment return for the plan,over a period of time not exceeding 10 years.In the event full payment for the prior police service with interest has not been made at the time a member enters the DROP or separates from city employment,the member shall receive credited service for which the amount paid is the full actuarial cost,as determined by the plan actuary. 10.Effective July 1,2011,the maximum amount of overtime hours for pension calculations for any one fiscal year shall not exceed 300 hours.Effective October 1st,2021,any accumulated time which is eligible for payout upon separation from employment with the City shall remain eligible for pension calculations and subject to pension contributions upon payout. Any accumulated time that is eligible for payout after the ratification of this Agreement will be considered new accumulated time.Any and all accumulated time,eligible for payout upon separation from employment with the City,shall not be eligible for pension calculation or subject to pension contributions.This provision is subject to reopening should there be an amendment to Florida Statute §185 as it relates to extra duty and its status as "compensation"for pension purposes. 11.Effective October 1st,202lt Employees hired on or after October 1,2011,covered by this Agreement shall enter the pension plan immediately upon being hired as a sworn law enforcement officer. 31 12.Attached hereto and incorporated by reference herein,is Ordinance 16-08-1951 adopted May 20,2008,entitled "Pension Plan,"as amended. 13.Officers and Sergeants who are eligible to retire with full benefits (as stated in the CSM Retirement Ordinance)without penalty will be allowed to enter the DROP.The member's DROP account shall be credited with interest in an amount equal to fifty (50)percent of the net (gross return minus investment expense)yearly interest earned by the retirement system for the preceding fiscal year,up to a maximum of 6%percent.If the net yearly interest earned by the retirement system is zero (0)percent or less,the member's DROP account will not be credited with interest,nor will it be debited with any investment losses. Upon separation from the City of South Miami,DROP participants will have 120 days to reallocate the funds in their DROP account.After 120 days from the separation date,the funds in the account will no longer accrue interest and will be subject to market losses. 14.The City and the FOP agree to jointly request that the City's actuary conduct a projection study for Years 1,5,and 10 to evaluate the inclusion of shift differential pay,assignment pay,and bonuses for police officers in the calculation of retirement benefits,thereby making such payments pensionable compensation upon ratification of this union agreement.The cost of the actuarial projection study will be shared equally,with the City and the FOP each covering 50%of the expense.Upon completion of the projection study,the City and the FOP agree to meet within four (4)weeks to discuss the potential implementation of these changes.However,the parties expressly acknowledge and agree that neither the City nor the FOP shall be obligated to agree to implement any of the proposed changes unless and until a mutual written agreement is reached. ARTICLE 33.EDUCATIONAL INCENTIVE 1.The City agrees to bear the cost of tuition for specifically applicable specialized education courses to better equip the Officers for the performance of the particular job and/or position in which they are employed,as determined by and approved in writing by the Chief of Police. 2.Every application for educational assistance shall be subject to the approval of the Chief of Police and the City Manager.Such approval must be obtained at least thirty (30)calendar days prior to the beginning of any course. 3.If any application is approved,guidelines for reimbursement are as follows: a)80%reimbursement of the course cost for a grade of "B"or better for undergraduate courses; 32 b)75%reimbursement of the course cost for a grade of "B"or better for graduate courses; c)60%reimbursement of the course cost for a grade of "C"for graduate courses; d)Any such reimbursement shall be made only upon submission of proof of the grades as provided in sub-sections a,b,&c above; e)The credit hour cost of any courses approved shall be capped at the rate used by local publicly funded universities and/or community colleges. f)There shall be no reimbursement for grades "D"or less or "unsatisfactory". 4.Employees utilizing educational assistance must remain with the City for a period of at least two years following completion of any reimbursed course,or said reimbursement must be repaid to the City (amount may be deducted from final pay). ARTICLE 34.EMPLOYEE PREGNANCY/MATERNITY LEAVE 1.If an employee becomes pregnant the City may require supporting documentation to determine whether the employee has a limitation and the adjustment or change in work is needed due to limitation.The City will engage in an interactive process with the employee to identify potential reasonable accommodations.In the event that the employee is placed on a light duty position,the employee's rate of pay will remain the same. 2.Leave accommodations under the Pregnant Worker's Fairness Act (PWFA)may run congruently with FMLA.Any employee who becomes pregnant shall be entitled to unpaid maternity leave.Such unpaid maternity leave shall be granted for a period of up to six (6) months.In the event that the pregnant employee has any accrued annual leave,sick leave or comp time,she may use all or any part of the accrued leave at her request in lieu of unpaid leave. ARTICLE 35.EMPLOYEE ASSISTANCE PROGRAM The City and the FOP concur that an Employee Assistance Program (EAP)exists within the City Personnel Manual and can be of great value in supporting the operations of the Police Department and to bolstering the welfare of the Department's law enforcement personnel. 33 ARTICLE 36.ABOLISHMENT OR MERGER Whenever the abolishment or merger of the Police Department is contemplated,the FOP shall be informed of such plans in advance.Additionally,the FOP shall be given an opportunity to be apprised concerning the impact of such abolishment or merger proposal upon this Agreement. ARTICLE 37.AMERICANS WITH DISABILITIES ACT (ADA) Notwithstanding any other provision of this Agreement,the FOP agrees that the City may take whatever actions may be necessary to comply with the Americans with Disabilities Act or the Florida Civil Rights Act to provide reasonable accommodation to individuals with disabilities as required under those laws.To accomplish this,the City shall notify the FOP of the action it intends to take to comply with the ADA or the Florida Civil Rights Act.However,any contention or claim that the City violated any provision of the Americans with Disabilities Act,or the Florida Civil Rights Act shall be exclusively resolved through available administrative or judicial remedies,and shall not be subject to the grievance procedure herein. ARTICLE 38 CIVIL SUITS 1.The City will undertake the defense of any lawsuits filed against employees covered by this Agreement arising from a complaint for damages or injury suffered as a result of any act or omission of action arising out of and in the scope of their employment or function,unless,in the case of a tort action,the officer,employee,or agent outside the course and scope of his or her employment or acted in bad faith,with malicious purpose,or in a manner exhibiting wanton and willful disregard of human rights,safety,or property. 2.In any action in which the City and the employee are named parties,the City will indemnify such employee against any judgment levied against the employee and the City jointly as a result of the employee's acts or omissions arising out of and in the scope of the employee's employment or function,unless,in the case of a tort action,the employee is acting outside the course and scope of his or her employment or acted in bad faith,with malicious purpose,or in a manner exhibiting wanton and willful disregard of human rights,safety,or property. 3.Notwithstanding all of the above in this Article 38,if an employee is sued in a civil case while being criminally prosecuted at the same time,the City is not required to defend or indemnify the employee if the City's applicable insurance carrier denies coverage.In addition,if the City's applicable insurance carrier defends under a reservation of the right to terminate the defense and/or decline to indemnify,the City will not be required to continue the defense or to indemnify the employee if the employee is criminally convicted,pleads guilty or if there are other event that come under one or more exclusions of the scope of coverage document. 34 ARTICLE 39 TERM OF AGREEMENT Except as provided herein,all provisions of this Agreement shall be effective October 1st,2024, and shall remain in force for three (3)years until September 30 th,2027. Approved as to form,sufficiency,and legality: CoL. Fraternal Order o lice pez,FOP Lodge President q.,City Attorney By: AntUony Recio, By: SeanyKelly,/FOFy Representative 35 14A .............................................................................................MIAMI HERALD FRIDAY MAY 23 2025 The patented AccuWeather.com RealFeel Temperature®is an exclusive index of the effects of temperature,wind,humidity, sunshine intensity,cloudiness,precipitation,pressure and elevation on the human body. SUN &MOONALMANAC EXTREME TEMPERATURES The higher the AccuWeather.com UV Index™number,the greater the need for eye and skin protection.Shown is the highest value of the dayPOLLENINDEX Source:Florida Center for Allergy &Asthma Care BAHAMAS &CARIBBEAN WORLD LATIN AMERICA TEMPERATURE BROWARD MIAMI FLL AIRPT MIA AIRPT PRECIPITATION YOUR 7-DAY FORECAST AROUND THE WORLD City Hi Lo W Hi Lo W City Hi Lo W Hi Lo W(for the 48 contiguous states.) AROUND THE NATION 0-2 Low;3-5 Moderate;6-7 High;8-10 Very High; 11+Extreme LAKE LEVELS Normal Elevation 24-hour Pool (ft.)change HIGH LOW HIGH LOW Weather(W):s-sunny,pc-partly cloudy,c-cloudy,sh-showers, t-thunderstorms,r-rain,sf-snow flurries,sn-snow,i-ice MARINE 92°97°102°98°89°90° 8 a.m.10 a.m.Noon 2 p.m.4 p.m.6 p.m. 0 1 2 3 4 5 6 7 8 9 10 11+ Losos AngA 777 Wash nghhhhhh 767 w Yw kYk 606666666666 Mi 99999 AAtlanA 1 rr t 93 yKaansasCitasCK 7776 pMM 464646 PP 03 g 63 FanSF i 26666 ttl 6 ChicagggChicagh 636 Saann Dienego 77777 92 LubbockLLbbbkk 000001 w OrleansO 888 CharCCharleston 8 ..LouLS 72772 Por d 7 VeasVLasVegaV 9999999999999 tySaltLakeCitaltLkLakeC 81 Phoenh 0000 an AA t 97 i 77 pTam 92 h 7474 pMhh 776 Fargog 67 uerqqAAbA 993 h 6 Jacksonville 99992 Charlotte 7777777 Louisville 6Whh 77776666 vCleveland 6666 9994444 pp k 6668 pp smarckk 62 yhomaCitaCk 00 Sioux Falls 62 grmingham 81 ppPdhildlhi 666666 0 yypidCCCCCdddd 66666 pColoradoSoradoSC gCdSdldS TT 102 FrF Casper 777 rrrve 8 ppdi 77777777776 yeneyCChh 777666 erreyM 9 C hhhh 99999 ill 4041 LosLos M hi 77 TorTT 3 rrM 0 pW gi 67 yeraThundhhd 6666 Regina 64 bbbbQ 7777447 rvVV 6366 yyyaryCalgary 666 Los Angeles 78 Washington 67 New York 60 Miami 91 Atlanta 81 Detroit 55 Houston 93 Kansas City 67 Minneapolis 64 El Paso 103 Billings 63 San Francisco 62 Seattle 65 Chicago 63 San Diego 71 Dallas 92 Lubbock 100 New Orleans 88 Charleston 85 Boston 55 St.Louis 72 Portland 71 Las Vegas 99 Salt Lake City 81 Phoenix 105 San Antonio 97 Boise 75 Tampa 92 Nashville 74 Memphis 76 Fargo 67 Albuquerque 93 Omaha 65 Jacksonville 92 Charlotte 75 Louisville 68Wichita 67 Cleveland 56 Buffalo 49 Spokane 68 Bismarck 62 Oklahoma City 80 Sioux Falls 62 Birmingham 81 Philadelphia 65 Reno 80 Rapid City 61 Colorado Springs 85 Tucson 102 Fresno 85 Casper 75 Denver 85 Indianapolis 67 Cheyenne 76 Monterrey 89 Chihuahua 99 Hermosillo 104 Los Mochis 87 Toronto 53 Montreal 50 Winnipeg 67 Thunder Bay 56 Regina 64 Quebec 47 Vancouver 63 Halifax 51 Calgary 61 Shown are areas of precipitation and high temperatures for the day. -10s -0s 0s 10s 20s 30s 40s 50s 60s 70s 80s 90s 100s 110s Grasses:Moderate Trees:Moderate Weeds:Low Mold:Moderate Main offender:Oak, Mulberry 24-hour total 0.00”0.00” Month to date 2.31”5.64” Normal month to date 4.59”3.85” Year to date 9.02”9.87” Normal year to date 16.88”13.65” Barometer/humidity 29.97”/69%29.98”/76% High/low 91°/77°94°/78° Normal high/low 87°/72°87°/74° Record high 95°(1990)95°(1990) Record low 64°(1994)63°(1948) Statistics through 3 p.m.Thursday Today SSE 6-12 mph Partly sunny,a t-storm;warm Tonight SE 4-8 mph Humid;a t-storm around early Saturday ESE 7-14 mph Humid;a stray af- ternoon t-storm Sunday ESE 8-16 mph A t-storm around in the p.m. Monday SE 8-16 mph Partly sunny and humid Tuesday SE 7-14 mph A t-storm around in the p.m. Wednesday SE 7-14 mph A couple of after- noon t-storms Thursday SSE 6-12 mph A couple of thun- derstorms Anchorage 59 46 s 61 48 pc Atlanta 81 62 s 80 64 pc Baltimore 66 49 pc 67 50 pc Boston 55 48 sh 58 49 sh Charlotte 75 55 s 77 62 s Chicago 63 43 pc 64 45 pc Cincinnati 64 47 pc 67 48 pc Cleveland 56 46 pc 60 48 pc Dallas 92 76 s 94 77 pc Denver 85 51 pc 69 50 r El Paso 103 72 s 97 71 s Honolulu 87 72 sh 88 74 sh Houston 93 78 s 94 78 s Indianapolis 67 48 pc 67 48 pc Jacksonville 92 67 s 92 70 s Key West 89 81 pc 90 82 s Las Vegas 99 74 s 92 72 s Los Angeles 78 61 pc 73 60 pc Memphis 76 62 pc 74 66 r Milwaukee 58 43 pc 58 44 s Minneapolis 64 47 pc 66 48 pc Nashville 74 57 pc 70 62 r New Orleans 88 75 s 89 77 s New York City 60 49 sh 63 52 pc Oklahoma City 80 69 t 85 69 t Omaha 65 52 c 69 52 c Orlando 90 72 s 95 72 s Philadelphia 65 50 pc 64 52 pc Pittsburgh 54 44 sh 58 44 pc Portland,OR 71 50 c 79 52 s Sacramento 81 52 s 83 52 s San Antonio 97 77 s 99 78 pc San Francisco 62 51 pc 63 52 pc Seattle 65 48 pc 73 50 s Tampa 92 76 s 94 77 s Washington,DC 67 52 pc 69 53 s High:101°in Needles,CA Low:22°in Angel Fire,NM High:124°in Omidieh,Iran Low:4°in Hall Beach,Canada Sunrise today 6:32 a.m. Sunset tonight 8:04 p.m. Moonrise today 3:40 a.m. Moonset today 4:30 p.m. New First Full Last May 26 Jun 2 Jun 11 Jun 18 St.Augustine to Jupiter Inlet:Wind E 6-12 knots today.Seas 1-3 feet.Stray thunderstorm.Water temp:77. Jupiter Inlet to Key Largo:Wind SE 6-12 knots today.Seas 1-2 feet.Stray thunderstorm.Water temp:87. Key Largo to Dry Tortugas:Wind S 6-12 knots today.Seas 1-2 feet.Humid.Water temp:87. Cape Sable to Tarpon Springs:Wind WSW 6-12 knots today. Seas 2 feet or less.Visibility clear.Water temp:85. Lake Okeechobee 13.20 11.02 -0.04 Miami Harbor ent.5:18 a 11:38 a 6:03 p --- Port Everglades 5:08 a 11:29 a 5:57 p --- Bakers Haulover 6:34 a 12:51 a 7:23 p 1:15 p Key West 7:12 a 12:32 a 8:18 p 1:32 p Boynton Inlet 6:42 a 1:21 a 7:31 p 1:45 p Jupiter Inlet 5:27 a 11:29 a 6:16 p --- Lake Worth Inlet 4:57 a 11:12 a 5:44 p 11:55 p Minutes to burn 10 Antigua 87 79 pc 87 78 pc Barbados 88 79 sh 88 79 sh Freeport 87 77 t 88 76 s Havana 93 73 s 95 74 t Kingston 92 81 s 93 80 s Montego Bay 92 78 t 92 79 s Nassau 88 78 pc 89 77 s Port-au-Prince 96 75 t 96 74 t San Juan 90 77 t 88 77 pc Santo Domingo 91 73 s 90 73 s St.Thomas 89 78 pc 89 78 pc Acapulco 91 79 t 92 78 t Asuncion 80 67 t 84 67 pc Barranquilla 93 79 r 93 79 t Belize City 92 81 r 91 81 sh Bogota 66 51 r 65 50 r Buenos Aires 62 56 pc 61 57 sh Cancun 93 79 t 93 79 pc Caracas 91 77 r 92 76 t Cuzco 69 42 r 69 41 pc Guatemala City 81 65 t 81 64 c Guayaquil 86 73 pc 89 74 c Lima 69 62 pc 69 62 s Managua 94 79 r 98 80 t Maracaibo 94 79 r 95 78 r Medellin 84 62 t 82 63 t Mexico City 79 56 sh 77 56 r Montevideo 60 50 pc 62 53 r Panama City 90 76 t 87 76 r Quito 69 49 sh 66 51 r Rio de Janeiro 74 70 sh 75 68 sh San Jose 83 70 r 83 69 r San Pedro Sula 96 77 r 95 77 t San Salvador 89 68 r 89 68 t Santiago 67 42 pc 72 43 s Sao Paulo 68 61 t 73 60 pc Tegucigalpa 87 68 t 87 68 pc Amsterdam 56 47 sh 61 57 sh Athens 82 65 pc 81 66 s Baghdad 115 82 pc 110 80 pc Bangkok 95 80 pc 92 78 r Beijing 73 54 pc 85 58 pc Berlin 60 44 sh 65 49 pc Budapest 58 45 r 63 44 sh Cairo 94 71 s 96 76 s Calgary 61 40 sh 67 45 pc Dublin 64 55 sh 65 49 sh Geneva 65 42 sh 68 45 pc Helsinki 55 40 r 56 43 c Hong Kong 90 79 r 86 76 t Jerusalem 80 61 pc 83 63 s Johannesburg 65 39 s 65 40 s Kabul 91 62 s 90 66 s Lagos 88 78 t 88 78 t London 66 54 pc 68 57 sh Madrid 78 48 s 82 52 pc Manila 100 82 pc 97 82 t Milan 73 54 s 73 56 pc Montreal 50 43 sh 52 45 sh Moscow 77 57 s 80 58 s New Delhi 101 84 s 100 82 s Paris 65 46 s 67 58 c Riyadh 114 84 pc 115 84 pc Rome 71 53 sh 72 54 pc Toronto 53 45 r 59 46 sh Vancouver 63 49 pc 66 49 c Warsaw 61 46 c 63 43 c Zurich 62 44 sh 65 48 pc Forecasts and graphics provided by AccuWeather,Inc.©2025 Thursday National Extremes Thursday AS OF 4/22 World Extremes Thursday,excluding Antarctica TIDES TODAY UV INDEX TODAY Today Saturday Today Saturday REALFEEL TODAY TODAY’S NATIONAL FORECAST 91°78°91°80°90°80°92°80°91°78°92°77°91°76° CITY OF SOUTH MIAMI,FLORIDA CITY COMMISSION MEETING NOTICE OF PUBLIC HEARING Notice is hereby given that the City Commission will hold a public hearing on Tuesday,June 3,2025, at 7:00 p.m.at South Miami City Hall Commission Chambers,6130 Sunset Drive,South Miami,FL 33143,to consider the following public hearing item(s): A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A MULTI- YEAR COLLECTIVE BARGAINING AGREEMENT WITH THE FRATERNAL ORDER OF PO- LICE FOR OFFICERS AND SERGEANTS;PROVIDING FOR IMPLEMENTATION,CORREC- TIONS,AND AN EFFECTIVE DATE. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MI- AMI,FLORIDA,APPROVING A MULTI-YEAR AGREEMENT WITH MCCI,LLC FOR A CLOUD- BASED LASERFISCHE RECORDS MANAGEMENT SERVICE,USING THE TERMS AND CON- DITIONS OF THE COMPETITIVELY BID CONTRACT WITH OMNIA PARTNERS/NATIONAL COOPERATIVE PURCHASING ALLIANCE (NCPA);PROVIDING FOR AUTHORIZATION,IM- PLEMENTATION,CORRECTIONS,AND AN EFFECTIVE DATE. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,APPROVING A 60-MONTH LEASE WITH QUADIENT LEASING USA FOR A MAIL METERING SYSTEM THAT IS COMPLIANT WITH USPS INTELLIGENCE MAIL INDICA TECH- NOLOGY,USING THE TERMS AND CONDITIONS OF THE COMPETITIVELY BID CONTRACT THROUGH THE STATE OF FLORIDA CONTRACT NO.44102100-17-1;PROVIDING FOR AUTHORIZATION,IMPLEMENTATION,CORRECTIONS,AND AN EFFECTIVE DATE. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,AMENDING THE ZONING MAP OF THE CITY OF SOUTH MIAMI TO CHANGE THE ZONING DISTRICT OF THE PROPERTY LOCATED AT 6540 MANOR LANE FROM “DUPLEX RESIDENTIAL”(RT-6)TO “TOWNHOUSE RESIDENTIAL”(RT-18);PROVIDING FOR COR- RECTIONS;SEVERABILITY;CONFLICTS;IMPLEMENTATION;AND AN EFFECTIVE DATE. Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https://zoom.us/j/3056636338),by phone by calling +1-786-635-1003 and entering Meeting ID:3056636338 when prompted,or in person in the Commission Chambers,and where their appearance will be broadcast on the Zoom platform,and where they can participate. All interested parties are invited to attend and will be heard. For further information,please contact the City Clerk’s Office at:305-663-6340. Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that if a person decides to appeal any decision made by the Commission with respect to this matter,such person must 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.This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law. ADA:To request a modification to a policy,practice or procedure or to request an auxiliary aide or service in order to participate in a City program,activity or event,you must on or before 4:00 p.m.3 business days before the meeting (not counting the day of the meeting)deliver your request to the City Clerk by telephone:305-663-6340,by mail at 6130 Sunset Drive,South Miami,Florida or email at npayne@south- miamifl.gov. Nkenga A.Payne,CMC,FCRM City Clerk 45 I M ArriiWpathpr Pr oven SuPerio r Accur acv>3jr HLLUVVCdll ICI.Get the AccuWeather app I I I I I I I I I I I |T| Showers T-storms Rain Flurries Snow Iceihthhhhik*;*+*+*;i ^*********1 MiamiHeralb We love newspapers,so we are putting more into ours! At the Miami Herald,we’ve always believed a newspaper should feel like home —familiar,informative and deeply connected to its community.That's why we’re making new enhancements to your newspaper to bring you more of what you love. MORE LOCAL CONNECTION We’ve added new weekly recaps and expanded local news coverage,including a new Sunday look back at the stories shaping South Florida and beyond. MORE SPORTS,COVERED YOUR WAY Get deeper insights from columnists like Greg Cote,plus expanded stats and reporting on the Dolphins,Heat,Marlins, Panthers and college teams across South Florida. 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