2013-28301 Reso RESOLUTION NO.i 2013-28301
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA RATIFYING A THREE YEAR LABOR AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND THE INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS, (IAFF), LOCAL 1510; FOR THE PERIOD
FROM OCTOBER 1, 2012 THROUGH SEPTEMBER 30, 2015; AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT.
WHEREAS, the City is hereby submitting to the Mayor and City Commission the
attached tentative Labor Agreement, recently negotiated between the City and the International
Association of Fire Fighters, (IAFF), Local 1510, for the employees covered by said Agreement
for the period covering October 1, 2012 through September 30, 2015; and
WHEREAS, the previous Labor Agreement was for a three year period from October 1,
2009, through September 30, 2012; and
WHEREAS, Exhibit A to the resolution is a copy of the contract language changes in _
substantial form that reflects the pension and economic issues and the non-economic issues
tentatively agreed to between the City and the IAFF; and
WHEREAS, any changes to the substantial form would be non-material in nature as
determined by the City Attorney and the IAFF or else would require re-ratification by the City
Commission and the IAFF;
WHEREAS, the full text of the collective bargaining agreement has not yet been
completed; and
WHEREAS, the IAFF bargaining unit has not scheduled the ratification vote among its
members for the proposed Labor Agreement attached.
WHEREAS, since the outcome of the ratification vote will not be made available in time,
the results will be provided to the City Commission under a supplemental memorandum; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approving and authorizing
the Administration to amend the three (3) year labor Agreement with the IAFF, Local 1510,
(provided in Exhibit A), for the time period covering October 1, 2012 through September 30,
2015, contingent on any changes being non-material and upon ratification by the IAFF
bargaining unit.
PASSED AND ADOPTED this ZNay of , 2013.
ATTEST:
-i"OA
RAFAEL GRANADO - P ' - M TTI HERRERA BOWER
CITY CLERK E MAYOR
QR T9� -
26
-7/,-7/0
C'.A9iom Date
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Ratifying A Three Year Labor Agreement Between
The City and the International Association of Fire Fighters(IAFF), From October 1,2012 Through September 30,2015.
Key Intended Outcome Supported:
Control costs of payroll including salary and fringes/minimize taxes/ensure expenditure trends are sustainable over the long term.
Item Summary/Recommendation:
After 11 formal negotiation sessions and a number of informal discussions, the City and IAFF successfully concluded
negotiations and reached a tentative three (3) year labor Agreement covering the time period of October 1, 2012 through
September 30, 2015. The concessions for existing employees include a zero Cost of Living Adjustment (COLA) for 24
months, the elimination of certain incentive pays and significant changes to pension benefits for current employees including:
benefit multiplier of 3%for first 20 years and 4% thereafter; maximum pension benefit of 85%, 5 year vesting, FAME highest 3
years, normal retirement based on rule of 70 with minimum age 47 (age 48 for post-2010 hires) elimination of buyback of
creditable service excluding military time, state imposed limitations of 300 hours of overtime and elimination of accrued leave
to purchase additional benefits. In addition, IAFF has also agreed to pension plan changes for future IAFF employees that
include an increase to the employee's pension contribution from 10% to 10.5% of pensionable pay; increasing the Final
Average Monthly Earnings (FAME)from 3 highest to 5 highest years; and automatic membership into the pension plan upon
hire.The pension changes will yield a savings of almost$2.1 million in the first year and almost$2.2 million in year two.
In exchange for adding an additional step to the Fire Fighter I classification effective April 1, 2015, IAFF has agreed to reduce
holiday pay for 24-hour shift personnel from 9 to 6 hours per holiday in order to help offset the annualized impact of the
additional step. The City has agreed to a 3% Cost of Living Increase on October 1, 2014, a non-pensionable hazardous duty
payment of$100 biweekly, reimplementation of a Sick Sell Back Pilot Program that expires on September 30, 2015, changes
to promotional testing, take-home vehicles for day shift (3 employees), increase in on-call supplement for Fire Investigators
and the PIO effective 10/1/12, increase in the rollover hours for the union time bank from 500 to 750 hours per year,
paramedic pay recertification $200 flat rate for eligible employees on 10/1/12 and an increase from $300 to $500 effective
10/1/13 on a biennial basis and establishment of Post Employment Health Program (PEHP) of $25.00 per employee at no
cost to the City.
Advisory Board Recommendation:
Budget Advisory Committee Pension Reform Initiative Recommendation Report August 2012
Financial Information:
Source of Amount Account
Funds: 1 FY 2012/13 On-call supplement increase from$100-$300 for Fire Investigators and PIO effective
$6,000 10/11/12.
2 FY2013/14 Implementation of pension changes for current and future employees; Sick Sell Back
($1,977,771) Program; Union time bank rollover; Take-home vehicle assignment; On-call supplement;
Paramedic certification pay from$300-$500 for those eligible in FY 2012/13
3 FY2014/15 Pension changes for current and future employees; 3% salary COLA; Increase step of
(1,010,815) Firefighter I on 4/1/15, Sick Sell Back Program; Union time bank rollover, Take-home
vehicle assignment, On-call supplement, Paramedic certification pay from $300-$500 for
those eligible in FY 2014/15
OBPI Total $2,982,586
Financial Impact Summary: The 3 year savings represents a per member impact of ($15,698). In addition, these
concessions will yield additional, recurring, long-term savings in future fiscal years. The net present value of savings over 30
ears for both FOP and IAFF is $145 million.
City Clerk's Office Legislative Tracking:
[—Sylvia Crespo-Tabak, Human Resources Director
Sign-Offs:
Department Director Assistant City Manager City Manager
Sylvia Crespo-Tabak Kathie rooks Jimmy L. Morales
AGENDA ITEM ► `��
MIAMIBEACH DATE - DI
3
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Me bers of th City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 17, 2013
SUBJECT: A RESOLUTION OF THE MAYO k AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA RATIFYING A THREE-YEAR LABOR AGREEMENT BETWEEN THE
CITY OF MIAMI BEACH AND THE INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS/LOCAL 1510 (IAFF), FOR THE PERIOD FROM OCTOBER 1, 2012
THROUGH SEPTEMBER 30, 2015; AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE THE AGREEMENT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The City's workforce is divided into seven salary groups: (1)those covered by the American Federation
of State, County and Municipal Employees, Local 1554(AFSCME)bargaining unit;(2)those covered by
the Communications Workers of America, Local 3178(CWA)bargaining unit; (3)those covered by the
Government Supervisors Association of Florida/OPEIU, Local 100 (GSA) bargaining unit; (4) those
covered by the Fraternal Order of Police, William Nichols Lodge No. 8(FOP)bargaining unit; (5)those
covered by the International Association of Fire Fighters, Local 1510 (IAFF) bargaining unit; (6)
Unclassified; and (7) "Others" (classified service employees not represented by a bargaining unit).
On September 30, 2012, the three-year collective bargaining agreement between the City of Miami
Beach and the IAFF (covering the period of October 1, 2009 through September 30, 2012) expired.
Negotiations for a successor agreement began on September 19, 2012. After ten formal negotiation
sessions and several informal discussions, on June 26, 2013, the City and IAFF reached a tentative
three-year labor agreement covering the time period of October 1, 2012 through September 30, 2015.
The IAFF leadership will schedule a ratification vote on the proposed agreement prior to July 31,2013. If
approved by a majority of the membership, the result of the vote will determine the ratification effective
date.
During the October 1, 2009—September 30, 2012, collective bargaining process the parties negotiated
changes that resulted in employee givebacks of over$15 million between Fiscal Year(FY)2009/2010
and FY 2010/2011 and $20 million when you include FY 2011/2012(Unclassified and Others, although
not represented by a union, also contributed to the employee giveback total). These givebacks included
a number of pension changes applicable to current and future employees who participate in the Miami
Beach Employees' Retirement Plan(MBERP)and resulted in reducing the City's pension contributions
for the short and long-term.
Pension changes for the Fire and Police Pension Plan were negotiated for implementation in 2010;
however, they were insufficient to address the short term and increasing benefit cost which, in recent
years, has represented the fastest growing cost in the City's budget.
City Commission Memorandum
July 17,2013
IAFF 2012-2015 Collective Bargaining Agreement
Page 2 of 7
The draft Valuation for the Fire and Police Pension Plan estimates the City's Annual Required
Contribution-(ARC) payable October 1, 2014 to be $41.5 million. This represents an increase of $2.2
million in the Fire and Police Pension Plan when compared to last year.
In the adopted FY 2012/13 budget, employee givebacks represented $3.782 million in savings
(approximately $3 million in the General Fund) which were to be allocated among the seven salary
groups. The methodology to allocate the givebacks for each salary group was the proportionate share of
the City's total costs for pension and health benefits for FY 2012/13,as in recent years these have been
major personnel expenditure cost drivers. However, to date, no savings have been achieved for FY
2013/14 for IAFF as negotiations focused on achieving major pension savings going forward.
ANALYSIS
The IAFF collective bargaining agreement for October 1, 2009, through September 12, 2012, included
employee concessions that provided a savings to the City's budget during the contract period. The
employee concessions agreed to by the IAFF generated enough savings to address the targeted
employee givebacks established for the IAFF for FY 2009/10 and FY 2011/12. However,the concessions
that were negotiated with the IAFF were implemented for an 18-month period and failed to provide the
City with any significant recurring, long-term savings.
IAFF's portion of the$3.782 million in employee givebacks for the current fiscal year(FY 2012/13)was
$900,000. In addition, the Administration received direction from the City Commission to negotiate
changes to the Fire and Police Pension Plan that would generate a savings of$6 -$8 million from the
City's Annual Required Contribution(ARC)in the first year. In addition, any negotiated pension changes
would need to yield recurring, annual savings from the City's ARC, as well as a reduction to the
Unfunded Actuarial Accrued Liability(UAAL).
On September 30, 2012, the 2009-2012 IAFF collective bargaining agreement expired. The City and
IAFF began meeting in September 2012, to negotiate a successor agreement. After eleven formal
negotiation sessions and several informal discussions, on June 26, 2013, the City and IAFF reached a
tentative three year agreement covering the period October 1, 2012, through September 30, 2015.
The City initially proposed the Budget Advisory Committee's(BAC)recommendation of a hybrid plan for
new and non-vested employees in the Fire and Police Pension Plan. The BAC recommendation was
anticipated to save $2.5 million in year one and a $74 million net present value over thirty years. The
City actuary updated the estimated figures based on the October 1, 2011 Valuation with an estimated
savings of$3.6 million in year one.
The IAFF leadership will schedule a ratification vote on the proposed agreement prior to July 31,2013. If
approved by the majority of the membership, the result of the membership vote will determine the
effective date for ratification of the three year labor agreement.
Pension Adjustments/Chances
The tentative agreement between the IAFF provides for several pension changes applicable to current
and future employees, including the following:
• Final Average Monthly Earnings(FAME)—Effective September 30, 2013, the FAME for current
IAFF bargaining unit employees hired prior to ratification of the agreement will have the average
of the three (3) highest years; and future employees will have the average of highest of five(5)
years.
• Maximum Benefit — Currently, the maximum pension benefit is 90 percent of pensionable
City Commission Memorandum
July 17, 2013
IAFF 2012-2015 Collective Bargaining Agreement
Page 3 of 7
earnings. Effective September 30, 2013, the maximum benefit will be reduced to 85 percent of
pensionable earnings. Employees, who as of September 30, 2013, have attained a pension
benefit of 85 percent or higher, are eligible to continue to earn the 90 percent maximum benefit.
• Vestin_q—The vesting period was reduced from ten to five years.
• Prior Creditable Service—Currently, upon completion of ten years of creditable service(vesting)
with the City, employees can purchase prior creditable service of up to two years of full-time
public safety service as a public safety officer prior to City employment,up to four years of military
service and up to an additional six percent multiplier on the additional creditable service years
purchased; however,the maximum benefit purchased shall not exceed twelve percent. Effective
September 30, 2013, all bargaining unit employees will be limited to purchasing only military
service for up to two years, at three percent each year for a maximum benefit of six percent. The
employee will pay the equivalent of their employee contribution amount in effect at the time of
purchase (10 percent per year of purchase for employees hired prior to ratification of this
agreement and 10.5 percent per year of purchase for all new employees hired thereafter).
• Probationary Period and Contribution of Pensionable Earnings — All new hires will become
members of the Fire and Police Pension Plan effective on their hire date and will contribute 10.5
percent of their pensionable earnings immediately.
• Overtime, Off-duty and Accrued Leave—In the past, employees were able to apply unused sick
and/or vacation time for inclusion in their salary for pension purposes at the equivalent rate of
their employee pension contribution. For example:for each$100 of unused sick and/or vacation
time (at the member's hourly rate), $90 was applied toward their FAME and $10 contributed to
the pension fund.
As a result of recent changes in Florida statutes, accrued leave can no longer be used to
increase pension benefits and the application of overtime toward their FAME is limited to 300
hours.
• Deferred Retirement Option Plan (DROP) and Retiree COLA — Currently bargaining unit
employees hired prior to July 14, 2010, receive a 2.5 percent annual retiree COLA, unless they
entered the DROP after September 1, 2012, and forfeited the Retiree COLA for years three and
four in the DROP.
Bargaining unit employees hired on or after July 14, 2010, are eligible to receive a 1.5 percent
annual Retiree COLA.
Any member who joins the DROP on or after September 30, 2013, will be eligible to receive a
Retiree COLA each year that they participate in the DROP. The rate at which the member earns
his/her annual Retiree COLA shall be based on hire date(2.5 percent for all pre-2010 members
and 1.5 percent for all post-2010 members).
• DROP and Leave Payouts— Effective October 1, 2013, any bargaining unit member currently
participating in the DROP, or who enters the DROP, may elect to request a full or partial payment
of earned sick and vacation leave balances up to the maximum amount stipulated in the
collective bargaining agreement and applicable pension ordinance. Eligible employees will have
until June 30 of each year to exercise this option,and receive payment during the first pay period
ending in October of the same year. Any amount paid out to an employee upon entering the
DROP will be deducted from the cap for their maximum leave payout upon leaving the DROP.
City Commission Memorandum
July 17,2013
IAFF 2012-2015 Collective Bargaining Agreement
Page 4 of 7
• Miami Beach Employees'Retirement Plan (MBERP) Service Transfer—Upon ratification of the
collective bargaining agreement, MBERP members will not be eligible to transfer creditable
service time from MBERP to the Fire and Police Pension Plan if they are subsequently employed
in a classification covered by the IAFF bargaining unit.
• RetirementAge—Under the current contract, employees hired prior to July 14 2010,can retire at
either the rule of 70 (age plus creditable years of service)or at age 50. Effective September 30,
2013, employees hired before July 14, 2010, may retire based on the rule of 70 with a minimum
age of 47. Employees hired on or after July 14, 2010, may retire based on the rule of 70 with a
minimum age of 48.
However, because some members who have already purchased additional creditable serviced
may reach the maximum benefit of 85 percent prior to age 47, the City is exploring how to
address these employees such as allowing them to cease their employee contribution to the
pension plan during this period. These impacts, if any,will be presented during the first reading of
the amendment to the pension ordinance,which we anticipate to be at the September 11,2013,
City Commission meeting.
• Benefit Multiplier— Effective September 30, 2013, the benefit multiplier for all bargaining unit
members shall be three percent for year one through twenty,and four percent per year thereafter.
Changes for New Employees Hired on or after July 17, 2013
• Employee Pension Contribution = 10.5% of Pensionable Earnings
• FAME = 5 Highest Years
• Enter directly into the Fire and Police Pension Plan upon hire date (vs. currently enter upon
successful completion of probationary period (12 months for Firefighter and 18 months for
Police Officer).
The aforementioned changes that have been agreed to by both FOP and IAFF are projected to generate
savings as follows, subject to actuarial confirmation by Buck Consultants, the Fire and Police Pension
Board Actuary:
ARC Savings Unfunded Liability Savings
in Millions) (in Millions
Year 1 $5.666 $24.37
Year 2 $6.034 $24.25
Year 3 $6.391 $23.55
Year 4 $7.065 $30.02
Year 5 $7.988 $34.56
Year 6 $8.721 $40.41
Further, the projected 30-year net present value savings for these changes is estimated at$145
million. The draft Actuarial Impact Statement by Buck Consultants is provided as Attachment 1.
City Commission Memorandum
July 17,2013
IAFF 2012-2015 Collective Bargaining Agreement
Page 5 of 7
In addition to the significant pension reform agreed upon for members of the Fire and Police Pension
Plan, the following provides a summary of the remaining items tentatively agreed upon by the City and
IAFF.
ECONOMIC PROVISIONS
In addition to the significant pension reform agreed upon for members of the Fire and Police Pension
Plan, the following provides a summary of the remaining items tentatively agreed upon by the City and
IAFF. The entire tentative collective bargaining agreement is provided as Attachment 1 to this
memorandum.
• Cost of Living Adjustment(COLA)
• Effective October 1, 2012, there will be no across-the-board wage increases.
• Effective October 1, 2013, there will be no across-the-board wage increases.
• Effective October 1, 2014, there will be a three percent (3%) across-the-board. wage
increase that will extend the minimum and maximum of the salary ranges for all
classifications covered by the IAFF bargaining unit. The FY 2014/15 estimated impact to
the City from the 3% COLA is $558,223.
• Step Increases
• Effective October 1,2012, step increases will remain status quo for any employee who is
eligible to receive a step on their anniversary date.
• Effective April 1, 2015,there shall be an additional step added to the maximum of the pay
scales for the classifications
• Effective April 1,2015,the Firefighter I classification salary range will be extended by one
additional step(Step 1),which will result in a five percent increase to the maximum of the
range. The estimated impact for FY 2014/15 is $91,000. The annualized impact for FY
2015/16 is $319,505. The implementation of the additional step was subject to the IAFF
agreeing to recurring concessions that would offset the impact of the additional step.
• Concessions to Offset the Additional Step Added to Maximum of the Range for Fire Fighter I
o Reduction in Hours of Holiday Pay — To help offset the increase in the Firefighter I
classification salary range, effective April 1, 2015, holiday pay for all 24-hour personnel
shall be reduced from nine to six hours. The estimated impact for FY 2014/15 will yield a
savings of approximately($62,242),with an estimated annualized savings of($207,500).
Other Economic Provisions
• Sick Sell Back Pilot Proc r� am
Effective October 1, 2013, the City will reinstitute a Sick Leave Sell Back Program. The purpose
of this program is to provide an incentive for police officers to utilize less sick leave, increase the
"show-up rate",thereby decreasing the need for overtime during staffing shortages and reducing
the amount of overtime paid due to sick call outs. The "show-up rate" has been identified as a
significant driver of overtime costs in the Police Department. The Sick Leave Sellback Program
would allow the sell back of up to one hundred forty-four hours for 24-hour shift personnel and
ninety-six hours for day shift personnel, payable in November of each year that the program is in
effect, as long as the employee retains a minimum of 400 hours of combined sick and vacation
leave for 24-hour shift personnel and 300 hours of combined sick and vacation leave for day shift
personnel and meets other necessary requirements as outlined in the program. The maximum
City Commission Memorandum
July 17,2013
IAFF 2012-2015 Collective Bargaining Agreement
Page 6 of 7
number of sick leave hours that may be sold back on each sell back date shall be reduced by
one hour for each hour of sick leave the employee used during the applicable annual sell back
period (e.g., if an employee uses ten hours of sick time, then he/she is only eligible to sell back
eighty-six hours. Year 1 of the program will cover the period of October 1, 2013 through
September 30,2014,with payment to all qualifying participants in November 2014,and year 2 of
the program will cover the period of October 1, 2014 through September 30,2015,with payment
to all qualifying participants in November 2015.
Based on historical participation patterns when the program was in effect during the 2006-2009
contract, a 50 percent participation assumption would yield a cost for the sellback of sick hours
per participant of$587,812 offset by a reduction in overtime of($321,253)for each year of the
program. The net anticipated impact for FY 2013/14, payable in November 2014, based on 50
percent participation, is a cost of 266,559 for each year, representing a total cost of$533,118 for
the duration of the two year program. This pilot program will sunset September 30, 2015, with
final payments distributed in November 2015 for the October 1, 2014 through September 30,
2015 Sick Sell Back Program period.
The maximum exposure based on 100 percent participation in the program is a cost attributed to
sellback of sick hours of $1,150,000 in Year 1, offset by a maximum of overtime savings of
($642,522)for each year, for a total maximum cost of$1,014,956.
The pilot program automatically sunsets upon expiration of the collective bargaining agreement
on September 30, 2015.
• Hazardous Duty Pay— Effective April 1, 2015, bargaining unit employees will receive $100 per
pay period of non-pensionable hazardous duty pay. The estimated impact for FY 2014/15 is
247,000, with an annualized cost of$494,000. In recent years the State of Florida Division of
Retirement has become more flexible in interpreting language agreed to through the collective
bargaining process. However, there is a risk that the State may determine that this pay must be
pensionable.
• Paramedic Recertification Pa V— Effective October 1, 2013, the recertification pay will increase
from $300 to $500. In addition, there will be a retroactive one-time payment of $200 to
retroactively compensate eligible employees who received recertification pay in FY 2012/13.The
annual estimated impact is a cost of$37,200, for a total cost of$74,400 for the contract period.
• Union Time Bank—Effective October 1, 2013,the annual union time rollover increased from 500
to 750 hours. The annual estimated impact is a cost of$14,250,for a total cost of$28,500 for the
contract period.
Non-economic Provisions
• Post-employment Health Plan — Effective the first pay period ending in October of 2013,
bargaining unit members will contribute $25 per pay period toward a post-employment health
plan and ten percent of the combined leave payouts upon separation from the City. IRS
regulations require that all bargaining unit members participate and the City agreed to facilitate
the transactions as long as there were no costs to the City. The IAFF, Local 1510 will be fully
responsible for selecting a plan administrator and the City shall have no involvement, cost or
liability.
• Fire/Rescue Recreation Fund — This section was deleted from the collective bargaining
City Commission Memorandum
July 17,2013
IAFF 2012-2015 Collective Bargaining Agreement
Page 7 of 7
agreement.
• Implementation of Reorganization — This section was deleted from the collective bargaining
agreement.
• Promotional Lists—The parties agreed to reduce the active life of promotional lists from 36 to 30
months.
• Domestic Partnership Tax Credit—The parties agreed that upon ratification of this agreement
and for as long as the federal tax code imposes a heavier tax burden upon City employees with
domestic partners who elect to purchase dependent medical and dental health insurance over
that of their married counterparts, the City will reimburse those employees for the additional tax
assessed. The parties further agreed that this reimbursement is non-pensionable income to the
employees.
CONCLUSION
The terms and conditions of the proposed three year labor agreement between the City and IAFF
assumes a $6,000 impact for FY 2012/13; a savings of($1,998,000)for FY 2013/14; and ($1,010,815)
for FY 2014/15. The total estimated three year impact is ($2.99) million.
The significant changes to pension benefits for current employees will result in long-term, recurring
pension savings. Based on the Actuarial Impact Statement provided by Buck Consultants(Attachment
2), the total pension Plan savings for both Fire and Police which, include changes for future employees
will yield a savings of($5.66 million) in FY 2013/14 and a savings of($6.034) in FY 2014/15, for a total
savings of($11.694)million. Based on percent of payroll,the pension changes agreed to by IAFF result
in a savings of ($2.06) million in FY 2013/14 and a savings of($2.19) million in FY 2014/15, for a total
savings of($4.25) million.
At the time of this writing, IAFF has not scheduled the ratification vote of the proposed agreement for
their membership. The Administration recommends adopting the resolution to ratify the three year labor
agreement with the IAFF bargaining unit for the time period covering October 1, 2012, through
September 30, 2015, subject to the outcome of the ratification vote for the IAFF membership. Exhibit A to
the resolution is a copy of the contract language in substantial format.Since the results of the ratification
vote will not be available for the July 17, 2013, City Commission meeting, the results will be provided to
the City Commission as soon as the City receives the certified results.
Attachments
JLM/KGB/SC-T/CMG
T:\AGENDA\2013\July 17\IAFF\IAFF 2012-2015 Labor Agreement Memo.doc
i
ATTACHMENT 'I
s A Xerox Company
P Y
July 16, 2013
CONFIDENTIAL
Ms. Kathie Brooks
Assistant City Manager
1700 Convention Center Drive
Miami Beach, FL 33139
Dear Kathie:
Actuarial Impact of Proposed Plan Changes to the City Pension Fund for Police Officers
and Firefighters in the City of Miami Beach-.
As requested, we have calculated the estimated impact of the proposed changes to the City
Pension Fund for Firefighters and Police Officers in the.-City of Miami Beach (Pension Fund).
Summarized below are the proposed plan changes and the cost impact of these changes.
A combination of the following changes to the Pension Fund: M
• Amend the Plans Final Average Earnings,-calculation, for participants hired prior to July
175 2013, from the average of the highest 2 years of compensation to the average of the
highest 3 years of compensation effective for fiscal years ending after September 30,
2015. .
• Amend the Plan's Final Average Earnings calculation, for participants hired on or after
July 17, 2013, from the average of the highest 3 years of compensation to the average of
the highest 5 years of compensation effective for fiscal years ending after September 30,
2015.
• Extend the Benefit Accrual Rate of 3% per annum up from 15 years of service to 20
.years of service with a 4% multiplier for service greater than 20 years, subject to a
maximum pension. benefit of 85% of Final Average Earnings. Participants exceeding
85%of their pension benefit at September 30, 2013 will be grandfathered at 90%.
• Amend the rule of 70 (age plus service) criteria to require participants to also attain age
47, for participants hired prior to July 15, 2010, with the exception of three members.
These three members will not be subject to the minimum age requirement under the rule
of 70. For participants hired after July 14, 2010 the rule of 70 (age plus service) will be
amended to require participants to also attain age 48.
Ms. Kathie Brooks
July 15, 2013
Page 2
• Freeze the cost of living adjustment component for salary increases in fiscal years
2012/2013 and 2013/2014 and grant a cost of living adjustment of 3% in fiscal year
2014/2015.
• Change the vesting requirement from 10 years of service to 5 years of service.
• Eliminate the ability to purchase prior creditable service or additional multiplier except
for prior military service up to 2 years at 3%each year for a maximum of 6%. The cost to
the employee would be at 10% for those hired prior to July 17, 2013 and 10.5% for those
hired on or after July 17, 2013.
• Reinstate the annual cost of living adjustment in all years for participants who enter the
DROP on or after September 30, 2013.
• Eliminate the use of accrued leave to purchase additional benefits and cap the maximum
overtime hours that can be used for pensionable pay at 300 hours per Florida statute.
• Eliminate the ability to transfer creditable service from the Miami Beach Employees
Retirement Plan(MBERP)to the Miami Beach Fire and Police Pension Plan.
• Overtime, off-duty and unused sick and/or vacation leave for Police Officers that can be
included in the computation of pensionable pay is limited to 11% of the highest
annualized pay rate for the same salary rank of the member at the time of retirement.
• Eliminate the probationary period for new hires to become participants in the pension
plan.
• Extension of Ranges for Firefighter I, Police Officer, Sergeant of Police and Police
Lieutenant effective April 1, 2015 (Proposed Maximum includes the 3% COLA payable
on October 15 2014 and 5%additional Step effective April 1, 2015 for eligible members)
Current Current Proposed Proposed
Minimum Maximum Minimum Maximum*
Firefighter I— 45,139.11 74,745.85 451139.11 801837.64
Day Shift
Police Officer 53,309.01 75,033.33 53,309.01 819148.55
Police Sergeant 78,748.42 86,852.71 785748.42 935931.21
Police 86,852.71 100,532.31 86,852.71 108,725.69
Lieutenant
Ms. Kathie Brooks
July 16, 2013
Page 3
Cost Impact of Plan Changes:
The 30 year cost impact of the combined code changes outlined above is outlined in appendix A
attached to this letter.
Data, assumptions,Methods and Plan Provisions:
The calculations contained in this study are based on the data, assumptions, methods and plan
provisions used for the October 1, 2012 actuarial valuation of the System. The salary scale
assumption has been reduced to reflect the cost of living freeze reference above. I am an
Enrolled Actuary and meet the qualification standards of the American Academy of Actuaries to
render the actuarial opinion contained in this letter.
Please note that any changes to Pension Fund would need to be documented in an impact
statement and submitted to the State for acceptance. If you have any questions, please do not
hesitate to contact me.
S incerely,
i
J.OS4 L. Griffin ASA, EA, MAAA, FCA
Director, Consulting Actuary
cc: Mr. David Campbell—Buck Consultants/Atlanta
Mr. Steward Sainvil—Buck Consultants/Atlanta
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EXHIBIT A
AGREEMENT
BETWEEN
CITY OF MIAMI BEACH, FLORIDA
and the
FIRE FIGHTERS OF MIAMI BEACH
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL 1510
AFL-CIO-CLC
Period Covered
October 1, 2012 through September 30, 2015
TABLE OF CONTENT
PAGE
AGREEMENT 1 .
ARTICLE 1 RECOGNITION 2
ARTICLE 2 DEDUCTION OF UNION DUES
Section 2.1 Check-off 3
Section 2.2 Indemnification 3
ARTICLE 3 GRIEVANCE PROCEDURE
Section 3.1 Definition of Grievance and Time Limit for Filing 4
Section 3.2 Definition of Week Day 4
Section 3.3 Grievance Procedure 4
Section 3.4 Election of Remedies 5
Section 3.5 Binding Arbitration 6
Section 3.6 Authority of Arbitrator 6
Section 3.7 Expenses 7
Section 3.8 Processing Grievances 7
Section 3.9 Suspensions. Reductions in Pay or Class of Removal 7
Section 3.10 Probationary Period 7
Section 3.11 Union Grievance Committee 8
Section 3.12 Waiver of Time Limitations 8
ARTICLE 4 NO STRIKE AND NO LOCKOUT
Section 4.1 No Strike 9
Section 4.2 No Lockout 9
ARTICLE 5 MANAGEMENT RIGHTS 10
ARTICLE 6 GENERAL PROVISIONS
Section 6.1 No Discrimination 11
Section 6.2 Union Activity 11
Section 6.3 Seniority List 11
Section 6.4 Relief at Fire 11
Section 6.5 Exchange of Time 11
IAFF - 2
PAGE
Section 6.6 Protection of City Property and Equipment 11
Section 6.7 Uniforms 12
Section 6.8 Meetings Between Parties 12
Section 6.9 Time Bank 12
ri
Section 6.10 Line of Duty Injuries 13
Section 6.11 Change in Shifts 13
Section 6.12 Fire and Rescue Off Duty Services 13
Section 6.13 Promotional Examinations and Appointments 14
Section 6.14 Light Duty Assignments 20
Section 6.15 Injury Service Connected 21
Section 6.16 Jury Duty 22
Section 6.17 Reduction in Work Force 22
Section 6.18 Infectious Disease Presumption 22
Section 6.19 Seniority Bid System 23
Section 6.20 Minimum Staffing 23
ARTICLE 7 WAGES AND FRINGE BENEFITS
Section 7.1 Wage Increases 24
Section 7.2 Suppression Division 24
Section 7.3 Assignment Pay 25
Section 7.4 Paramedic and EMT Pay 25
Section 7.5 Certification Pay 25
Section 7.6 Paramedic Training 25
Section 7.7 Fire Inspector Training 27
Section 7.8 Work Out of Classification 27
Section 7.9 Overtime 28
Section 7.10 Call In Guarantee 28
Section 7.11 Holidays 28
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PAGE
Section 7.12 Vacation Benefit 30
Section 7.13 Negotiation Pay 30
Section 7.14 Sick and Vacation Leave Accrual and Maximum Payment Upon 30
Termination
Section 7.15 Hours of Work 31
Section 7.16 Insurance 31
Section 7.17 Recertification 36
Section 7.18 Court Time 37
Section 7.19 On Call 37
Section 7.20 Shift Training Coordinator 37
Section 7.21 Pension Pick-up 37
Section 7.22 Rescue Out of Class (ROC) 38
Section 7.23 Pension 38
Section 7.24 Buy Back of Probationary Time 44
Section 7.26 Voting Time 45
Section 7.27 Commission on Fire Accreditation International Pay Supplement 45
Section 7.28 Compensation Plan 45
Section 7.29 Shift Fire Investigator 46
ARTICLE 8 JOINT OCCUPATIONAL SAFETY AND HEALTH
Section 8.1 Committee Make-up and Responsibilities 47
Section 8.2 Personal Equipment 48
Section 8.3 Ladder Training 48
Section 8.4 Air Quality Evaluations 48
Section 85 SCBA Repair 48
ARTICLE 9 LEAVE OF ABSENCE
Section 9.1 Educational Leave and Tuition Refund 49
Section 9.2 Bereavement 49
ARTICLE 10 TRANSFER OF SERVICES
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PAGE
Section 10.1 Notice 50
Section 10.2 Discussions 50
ARTICLE 11 DRUG/ALCOHOL TESTING
Section 11.1 Selection 51
Section 11.2 Screening 52
Section 11.3 Expedited Arbitration 54
Section 11.4 Rehabilitation 55
ARTICLE 12 SAVINGS 56
ARTICLE 13 WAIVER AND ENTIRE AGREEMENT 57
ARTICLE 14 TERM OF AGREEMENT 58
EXECUTION 59
ELECTION OF REMEDY FORM 60
HEARING EXAMINER RULES 61
COMPENSATION PLAN 64
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IAFF - 6
AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2013 by and
between the City of MIAMI BEACH, FLORIDA (herein called the "City"), and the FIRE
FIGHTERS OF MIAMI BEACH INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS,
LOCAL 1510, AFL-CIO-CLC (herein called the "Union").
SCOPE
It is the intention of this Agreement to provide for salaries, fringe benefits, and other terms and
conditions of employment. It is further the intention of this Agreement to prevent interruption of
work and interference with the efficient operation of the City and to provide for an orderly,
prompt and just manner in handling grievances.
Within the context of this Agreement, the use of masculine-gender terms shall be considered
gender-neutral and are freely interchangeable with the corresponding female-gender terms.
IAFF - 7
ARTICLE
Recognition
The City recognizes the Union as the sole and exclusive bargaining representative for the
purpose of negotiations over wages, hours, and other terms and conditions of employment for
the following classifications in the Fire Department:
Firefighter I
Firefighter II,
Fire Lieutenant,
Fire Captain, and
all probationary employees serving in these classifications.
All other employees in other present classifications, including Fire Chief, Assistant Chief,
Division Chief, Battalion Chief and any other classifications established by the City, are
excluded.
IAFF - 8
ARTICLE 2
DEDUCTION OF UNION DUES
2.1. Checkoff. Upon receipt of a lawfully executed written authorization from an employee,
which is presented to the City by an official designated by the Union in writing, the City agrees
during the term of this Agreement to deduct the uniform biweekly Union dues of such
employees from their pay and remit such deductions to the Union Treasurer, together with a list
of the employees for whom deductions were made; provided, however, that such authorization
is revocable at the employee's will upon thirty (30) days written notice to the City and the
Union. The Union will notify the City in writing of the exact amount of such uniform
membership dues to be deducted. The Union will notify the City in writing thirty (30) days prior
to any change in its dues structure. In January of each year of this Agreement, the Union will
remit to the City$400.00 as an administrative fee for the collection of dues by the City.
2.2. Indemnification. The Union agrees to indemnify and hold the City harmless against any
and all claims, suits, orders, or judgments brought or issued against the City as a result of any
action taken or not taken by the City under the provisions of this Article.
IAFF - 9
ARTICLE 3
GRIEVANCE PROCEDURE
3.1. Definition of Grievance and Time Limit for Filing. A grievance is a dispute involving the
interpretation or application of the express terms of this Agreement, excluding matters not
covered by this Agreement; or where Personnel Board rules and regulations are involved;
provided that disciplinary actions, including discharges, may be grieved under this Article, as
provided herein. See Section 3.4 (Election of Remedies) for procedures to be utilized in
particular circumstances. No grievance shall be entertained or processed unless it is submitted
within fifteen (15) weekdays (excluding Saturday, Sunday, or holidays recognized by the City)
after the occurrence of the first event giving rise to the grievance or within fifteen (15)
weekdays after the employee, through use of reasonable diligence, should have obtained
knowledge of the occurrence of the first event giving rise to the grievance.
3.2. Definition of Weekday. The term "weekday", as used herein shall be defined as any day,
Monday through Friday, excluding holidays, recognized by the City.
3.3. Grievance Procedure. Grievance shall be processed as follows:
Step 1: Any employee who believes he/she has a grievance shall present it in writing,
on the Grievance Form provided by the City, to his/her Division Chief, or other
person designated for that purpose, who shall give his/her answer within six (6)
weekdays after such presentation. The employee will also provide the Union
with a copy of said grievance. If the City form is not available through the
Division Chief's office, the time limit for filing shall be waived until such time as
the form is provided to the grieving party.
Step 2: If the grievance is not settled in Step 1 and the Union Grievance Committee
desires to appeal, it shall be referred in writing by the Union to the Fire Chief
within six (6) weekdays after the City's answer in Step 1. The Election of
Remedy Form shall be completed and signed by the IAFF and/or the grievant,
and attached to the Step 2 grievance. The Fire Chief, or his/her representative,
IAFF - 10
shall discuss the grievance within six (6) weekdays with the Union Grievance
Committee at the time designated by the City. If no settlement is reached, the
Fire Chief, or his /her representative, shall give the City's written answer to the
Union Grievance Committee within six (6)weekdays following their meeting.
Step 3: If the grievance is not settled in Step 2 and the Union Grievance Committee
desires to appeal, it shall appeal in writing to the City Manager or his/her
designee for Labor Relations within six (6) weekdays after the City's answer in
Step 2. A meeting between the City Manager, or his/her designee for Labor
Relations, and the Union Grievance Committee shall be held within fifteen (15)
weekdays. The City Manager, or his/her designee for Labor Relations, shall
give the City's written answer to the Union Grievance Committee within ten (10)
weekdays following the meeting.
Any untimely filing of a grievance at any step will be considered withdrawn. Upon mutual
agreement of the parties, grievances may be consolidated or grouped, and may also be
commenced at Step 3 of the procedure.
Section 3.4. Election of Remedies. Disciplinary actions may be grieved (1) under the
grievance/arbitration provisions contained in this Article or (2) as set forth in Article 3.9 to a
Hearing Examiner, who shall be selected by utilizing the procedure outlined in Section 3.5 of
this Article. A grievance involving the interpretation or application of this Agreement may be
grieved solely under the grievance/arbitration provisions contained in this Article. Grievances
regarding certain non-disciplinary matters, such as disagreements as to the waiving or
application of changes to personnel rules or other work rules or policies may be filed by the
bargaining agent via the Personnel Board procedures.
The decision of the Hearing Examiner shall be final and binding. The cost of a Hearing
Examiner shall be borne by the City. Any proceedings before the Hearing Examiner shall be
conducted pursuant to the attached Hearing Examiner Rules.
3.5. Binding Arbitration. If the grievance involves a difference of opinion with respect to the
interpretation or application of the express terms of this Agreement and said grievance has not
been settled in accordance with the foregoing procedure, the Union Grievance Committee may
IAFF - 11
refer the grievance to binding arbitration within six (6) weekdays after receipt of the City's
answer in Step 3. The parties shall attempt to agree upon an arbitrator within six (6) weekdays
after receipt of notice of referral and, in the event the parties are unable to agree upon an
arbitrator within said six (6) weekday period, the parties shall immediately jointly request the
Federal Mediation and Conciliation Service to submit a panel of five (5) arbitrators. Both the
City and the Union shall have the right to strike two (2) names from the panel. The party
requesting arbitration shall strike the first two names; and the other party shall then strike two
names. The remaining person shall be the arbitrator. The arbitrator shall be notified of his/her
selection within six (6)weekdays by a joint letter from the City and the Union requesting that he
set a time and place for the hearing, subject to the availability of the City and Union
representatives.
3.6. Authority of Arbitrator. The arbitrator shall have no right to amend, modify, ignore, add
to, or subtract from the provisions of this Agreement. He shall consider and decide only the
specific issue submitted to him in writing by the City and the Union, and shall have no authority
to make a decision on any other issue not so submitted to him. The arbitrator shall submit in
writing his/her decision within thirty (30) days following close of the hearing or the submission
of briefs by the parties, whichever is later, provided that the parties may mutually agree in
writing to extend such limitation. The decision shall be based solely upon his/her interpretation
of the meaning or application of the express terms of this Agreement to the facts of the
grievance presented. If the arbitrator acts in accordance with this section, the decision of the
arbitrator shall be final and binding.
3.7. Expenses. All costs of arbitration, including the arbitrator's fees and expenses, shall be
divided equally between the City and the Union provided, however, that each party shall be
responsible for compensating its own representatives or witnesses. Either party desiring a
copy of the transcript shall bear the cost of same.
3.8. Processing Grievance. All grievance discussions and investigations shall take place in a
manner which does not interfere with the operation of the Fire Department. Any time spent by
the Grievance Committee of the Union in discussions or processing grievances at Step 1, 2 or
3 during their working hours, shall not result in loss of earnings or benefits.
IAFF - 12
3.9. Suspensions, Reductions in Pay or Class, or Removal. Any dispute concerning an
employee who has completed his/her probationary period, and who is suspended, reduced in
pay, or classification, or removed, shall be processed through the Hearing Examiner procedure
governing such appeals, or under this contractual grievance procedure upon the election of the
employee within ten (10) days of the event giving rise to the dispute. An election of one
procedure shall foreclose any resort to the other procedure. If the employee elects to utilize
this contractual grievance procedure, it shall commence at Step 3.
3.10. Probationary Period. Nothing herein shall in any way affect the discretion presently
accorded the Fire Chief with respect to employees in their probationary period following hire, or
in their probationary period following promotion. It is specifically understood by the parties that
the exercise of the Fire Chief's discretion in this regard shall not in any way be subject to the
grievance procedure set forth herein.
i
3.11. Union Grievance Committee. The Union shall appoint a Grievance Committee of not
more than three (3) members, and shall notify in writing the Fire Chief and the City Manager's
designee for Labor Relations of the name or names of the employee or employees serving on
his committee, and of any changes in the members of the committee. The members of this
committee may not conduct any investigation while on duty without receiving the permission of
the Fire Chief; however, such permission shall not unreasonably be withheld.
3.12. Waiver of Time Limitations. The parties may mutually agree in writing to extend any of
the time limitations set forth above for the processing of grievances.
IAFF - 13
ARTICLE 4
NO STRIKE AND NO LOCKOUT
4.1. No Strike. The parties hereby recognize the provisions of Chapter 447 of the Florida
Statutes which define strikes, prohibit strikes, and establish penalties in the case of a strike and
incorporate those statutory provisions herein by reference. The parties further agree that the
City shall have the right to discharge or otherwise discipline any employee(s)who engage(s) in
any activity defined in Section 447.203(6) of the Florida Statutes, at its discretion, provided that
an employee may grieve and have arbitrated the question of whether or not he engaged in the
prohibited conduct.
4.2. No Lockout. The City will not lock out any employees during the term of this Agreement
as a result of a labor dispute with the Union.
IAFF - 14
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j ARTICLE 5
MANAGEMENT RIGHTS
It is recognized that, except as stated herein, the City shall retain whatever rights and authority
are necessary for it to operate and direct the affairs of the City and the Fire Department in all of
its various aspects, including, but not limited to, the right to direct the working forces; to plan,
j direct, and control all the operations and services of the Fire Department; to determine or
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change the methods, means, organization, and personnel by which such operations and
I
services are to be conducted; to assign and transfer employees; to schedule or reschedule the
working hours, to hire and promote; to demote, suspend, discipline or discharge for just cause,
or relieve employees due to lack of work or for other legitimate reasons, subject to the
Personnel Rules of the City; to make, change, and enforce reasonable rules and regulations; to
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change or eliminate existing methods, equipment or facilities; provided, however, that the
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exercise of any of the above rights shall not conflict with any of the express written provisions
of this Agreement.
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ARTICLE 6
I
GENERAL PROVISIONS
6.1. No Discrimination. In accordance with applicable federal, state, and local law, the City
and the Union agree not to discriminate against any employee on the basis of any protected
i
classification.
6.2. Union Activity. The City and the Union agree not to interfere with the right of employees
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to become or not to become members of the Union, and further, that there shall be no
discrimination or coercion against any employee because of Union membership or non-
membership. It is understood that the Union specifically retains any rights it has arising out of
Chapter 447, Florida Statutes, with regard to its representational activities.
I
6.3. Seniority List. The City shall, on March 1St of each year, prepare a seniority list by time in
rank or grade of all employees covered by this Agreement and immediately thereafter post
such list in each fire station. Such seniority list shall stand as posted unless an objection is
reported to the Fire Chief within forty(40) calendar days after posting.
6.4. Relief at Fire. In the event of a fire or fires, or other emergencies requiring employees to
work longer than their regular tour of duty, the officer in charge shall attempt to relieve these
employees by the oncoming tour as soon as feasible.
6.5. Exchange of Time. The Fire Chief, or designee may grant a request of any two (2)
employees to exchange shifts if the City will not incur any overtime costs as a result thereof.
6.6. Protection of City Property and Equipment. It shall be the responsibility of any
employee having custody of any equipment and property to see that it is properly cared for,
kept clean, and returned to its place of storage. The City agrees to provide designated areas
for the storage of bunker gear.
6.7. Uniforms. The City agrees to provide the following uniforms annually as its expense for
the employees covered by this Agreement:
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For Combat Division: one (1) dress uniform; three (3) sets of work uniforms; one (1)
pair footwear (dress shoes, or boots; employee's choice); two (2) jumpsuits; one (1)
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work belt; four(4) t-shirts.
i For Rescue Division: one dress uniform; three (3) jumpsuits; two (2) sets of work
uniforms; one (1) pair of footwear (dress shoes, boots; employee's choice); one (1)
work belt; four(4)t-shirts.
For both Divisions: every three (3) years the City shall provide jacket.
The City shall supply one (1) radio holster per radio and shall replace on an as needed
basis.
All employees working on day shift shall receive a combination of uniforms as selected
I by the employee not to exceed the value provide to that of a Rescue Division employee.
All uniformed employees covered by this agreement shall receive $50.00 per month for
uniform cleaning and maintenance.
6.8. Meetings between Parties. At the reasonable request of either party, the Union
President, or his/her representative, and the City Manager, or his/her designee for Labor
Relations, shall meet at a mutually agreed to time and place to discuss matters of mutual
concern.
6.9. Union Time Bank. The IAFF and its designees or other members
g e of the Executive board
as determined by the President, shall have the right to conduct union business (under the
conditions described in this Section), through the use of a time bank. For each fiscal year, the
union time bank shall be 500 hours with the Union President detached. If the Union President
elects not to be full time detached then the Union time bank will be 2,996 hours total, covering
the contract period October 1, through September 30.
The Union President shall be assigned to the Support Services Division. On an annual basis, at
j the time of bid, he or she shall make an election to either: (1) be detached full time; or(2) not to
be detached and bid an assignment according to seniority. Effective June 1, 2012, the Union
President shall not be counted against minimum staffing for staffing purposes. In addition, for
IAFF - 17
i
j promotional purposes the Union President shall not be counted against the Table of
Organization. Unused Union time bank hours, not more than a maximum of 500 hours, shall be
rolled over from one contract year to the next. Effective October 1, 2013, the maximum amount
of unused Union time bank hours that may be rolled over from one contract year to the next
shall be increased to from 500 to 750 hours. Use of the time bank shall be limited to the IAFF
Executive Board (any exceptions to this may be granted by the Fire Chief or his/her designee
provided that the request shall not be unreasonably denied). No more than two (2) employees
per shift may be granted union time bank leave at any one time. The President of the IAFF
j shall provide a minimum of twenty-four (24) hours notice to the Fire Chief for any leave to be
granted. Time for attendance at negotiations for a successor agreement is addressed in Article
7.10 of this Agreement. In addition, administrative time which has been provided in the past
(as determined by the Fire Chief), to the President, other members of the Executive Board or
other IAFF members, shall to provided for attendance at two (2) mutually agreed upon
conferences each year of this agreement and such events shall not be included in the union
leave time bank. All other union convention time other than these two conferences shall be
part of the union time bank.
6.10. Line of Duty Injuries. The City agrees that the program for payment of medical and
hospitalization expenses incurred as a result of injuries in the line of duty, which is currently in
effect as set forth in Section 6.15 of this agreement shall be continued.
6.11. Change in Shifts. The City agrees to give employees covered by this Agreement notice
prior to any change in shifts, such notice to be at least seven (7) days prior to the change
unless circumstances do not permit.
6.12. Fire and Rescue Off Duty Services. It is recognized that members of the bargaining
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unit are offered the opportunity from time to time to perform services utilizing their expertise
j and training for the benefit of private persons or entities, or public organizations or entities
other than the City of Miami Beach. In such cases, the rate for the performance of these off-
duty jobs shall be at a uniform hourly rate established by the Fire Chief in consultation with the
President of the Union. The parties recognize and agree that the performance of these off-duty
jobs or details do not constitute employment by the City of Miami Beach and that payment for
these services will be made by and is the responsibility of, the other employer. Performance of
this work shall be on a voluntary basis and there shall be lists of persons who wish to volunteer
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established on a basis which is mutually agreeable to the Chief and the President of the Union.
IAFF - 18
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Pay for off-duty services is pensionable subject to the cap provisions set forth in Section 7.24.
Off-duty hours worked do not count as hours worked for purposes of computing overtime.
6.13. Promotional Examinations and Appointments.
A. Upon ratification, all current Fire Captain and Fire Lieutenant promotional lists shall
expire on February 28, 2015. All future promotional lists shall remain active for a period
of thirty (30) months, effective with the March 1, 2015 lists, from the effective date of
each list. Promotional examinations for the position of Fire Captain and Fire Lieutenant
will be given at least once every thirty (30) months, in such fashion as to provide
continuously active promotional lists. The City agrees to begin the process no later
than nine (9) months prior to expiration of the lists. In the event that a promotional
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examination is delayed, the eligible candidate for that examination shall be those
candidates who would have been eligible had the examination been administered in
proper sequence. The promotional list developed from a delayed promotional
examination shall be retroactive to the date of the expiration of the previous promotional
list and shall expire thirty(30) months from the retroactive effective date.
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B. In the absence of an active promotional list, if there is a budgeted promotional vacancy
that the City intends to fill, the City will temporarily fill the budgeted vacancy through
temporary assignments. Personnel used to fill budgeted vacancies through temporary
appointments shall be selected from the expired promotional list, shall be assigned for a
period not to exceed ninety (90) days, and shall receive all appropriate wages and
benefits afforded the position for the duration of their temporary assignment. Except in
cases of exigent circumstances (i.e. hurricanes or other acts of God and delay of
process by other parties), where it is clear that through no fault of its own the City fails
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to provide a promotional examination and eligibility list at the time of expiration of the
prior list, any promotional appointments to vacancies created during the period when no
eligibility list existed shall be retroactive back to the date of the vacancy. The City shall
provide retroactive compensation and seniority to those individuals who are so
appointed. However, in cases where a vacancy occurs and the current eligibility list has
been exhausted with no eligible candidates remaining to be appointed to a vacancy, the
promotion, compensation and seniority of an eligible candidate off the new promotional
IAFF - 19
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list shall be retroactive back to the first day following the expiration of the previous list,
subject to the conditions above.
C. A list of authoritative sources from which technical knowledge for the behavioral
assessment component and the written test questions will be compiled by a Book
Committee consisting of the Human Resources Director, Fire Chief, the Union
President and the test developer or their designees, along with two incumbents, one
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designated by the Fire Chief and one designated by the union president. Without
exception, no member of the Book Committee shall be a candidate for the promotional
examination for which the list is compiled. These committee members will be
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responsible for the authoritative sources for Fire Lieutenant and Fire Captain
promotional processes. It is the intent of the City and Union that all sections of the
promotional processes will be complete with standing lists ready to post upon expiration
of the current three (3) year lists. At least ninety (90) days prior to the scheduled date
of the written promotional examination; a final notice will be posted containing a list of
authoritative sources from which the technical knowledge, for the behavioral
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assessment component and the written test questions will be drawn. The technical
knowledge for the behavioral assessment component shall be based on written
standard operating procedures (SOP)/ standard operating guidelines (SOG) that are job
related and rank specific selected by the established Book Committee and/or agreed
upon authoritative sources.
D. Candidates meeting the time in grade service requirements on the date the register
expires are eligible to apply to take the promotional examination for their next higher
rank. All Firefighter I's who on the date the register expires have five (5) years of
seniority from their date of appointment to Firefighter I, are State certified paramedics,
and have performance evaluations of satisfactory or above for the preceding twenty-
! four (24) month period shall be eligible to take the Fire Lieutenant test. All Fire
Lieutenants who on the date the register expires have three (3) years regular status
from their date of appointment as Fire Lieutenant and have performance evaluations of
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satisfactory or above for the preceding twenty-four (24) month period shall be eligible to
take the Fire Captain's test. For the Fire Captain and Fire Lieutenant promotional
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process, an Associate's degree or equivalent in Fire Science, Fire/Business/Public
Administration, or a closely related area from an accredited college or university may
IAFF - 20
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substitute for one (1) year of experience (five (5) semester credits equals one (1) month
experience). Coursework meeting the State Fire Marshall's requirements for the
"Firefighter Supplemental Compensation Program" (Florida Statutes 633.382) will be
acceptable. All applicants must have a valid Florida driver's license. Applicants must,
in all cases, apply on or before the application cutoff date and time in accordance with
Personnel Rules.
E. There shall be at least two (2) post-test review/scoring sessions conducted on separate
days and occurring within fourteen (14) calendar days of the administration of the
written examination. Each examinee will review their results when off duty, and will be
able to review a copy of his own answer sheet and the scoring key (for use only during
the review session) containing the correct response, the name of the reading source
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and the location from which each test question was drawn. Challenges will be written
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i and submitted to the test developer during the post-test review sessions. The test
developer, the City's Manager's designee for Human Resources and the Union
President or his designee shall conclusively decide all challenges by a majority vote.
Upon completion of the determination of a score for the behavioral assessment
component of the examination, each examinee shall be furnished with their result.
Each examinee may review his behavioral assessment component of the examination
at a post-test review session for a time period of twice the duration of the behavioral
assessment component of the examination. Each examinee will review their results
when off duty. Challenges regarding the behavioral assessment component must be
me in writing and submitted to the test developer either during the post-test review
session, or at an optional challenge session scheduled within ninety-six (96) hours of
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the post-test review session. There will be no review of the behavioral assessment
component during the optional challenge session. However, an applicant can review
their individual behavioral assessment component during the post-test review and
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submit challenges during the optional session. Applicants may not take any written
I notes or test materials from the post test review. The test developer, the City
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Manager's designee for Human Resources and the Union President or his designee
shall conclusively decide all challenges by a majority vote. For each examinee who
submitted a challenge, each examinee's own challenge and response will be available
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no later than eight (8)weeks after the date of the optional challenge session.
IAFF - 21
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F. For written promotional examinations for Fire Lieutenant, and Fire Captain, the raw
passing score will be seventy percent (70%) after all challenges have been resolved by
the test developer. Assessment components will be used for promotions to Fire
Lieutenant and Fire Captain. After consultation with the Union President, the City will
select an independent, qualified service provider to furnish and administer validated
behavioral assessment components that are mutually agreeable to the parties. The
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City will offer behavioral assessment component preparation, orientation, and overview
j to all qualified applicants. The written examination given for Fire Lieutenant and Fire
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Captain will constitute fifty percent (50%) and the behavioral assessment components
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will constitute fifty percent (50%) of the examinee's combined score. Promotional test
results will be expressed as percentage points. For Fire Lieutenant and Fire Captain
promotional processes, seniority and education percentage points, in accordance with
the following specifications, will then be added to the combined score after the
candidate has successfully passed all components for the promotional examination.
Veteran's Preference points will be added (after the addition of seniority and education
percentages points in accordance with state law).
Fire Lieutenant/Fire Captain:
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(Written Examination Raw Score *0.50) + (Behavioral Assessment Component Score
*0.50 + Education points+ Seniority points + Veterans Preference Points = Final Score.
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For example: a candidate achieved a 76% score on the written examination, achieved
a 68% score on the behavioral assessment component, achieved the maximum points
in both the education and seniority areas, and had no Veterans' Preference points. The
calculation of the candidates' score would be as follows:
(76 * 0.5) + (68 * 0.50) + 3.6 + 2.4 + 0 = 78.0
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PROMOTIONAL CREDIT
Promotional credit shall be limited to a maximum value of six (6) points, divided
between two (2) components —seniority and education.
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Seniority
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Seniority shall be determined using the following formula:
Lieutenant: LS X 0.36 = S
Captain: LS X 0.24 = S
LS shall be defined as length of service with the Miami Beach Fire Department. S shall
be defined as Seniority and shall be given a maximum value of 3.6 points.
Education
Education shall be determined using the following formula:
College credit hours non-related (CCNR) x .01 = (max 1.2)
College credit hours related (CCR) x .02 = (max 1.2)
Associate degree in EMS or FS @ 1.2 (max 1.2)
Associate degree in EMS or FS plus additional CCNR or CCR (max 2.4)
Bachelor degree in EMS or FS @ 2.4 (max 2.4)
Paramedic Certification @ .84 (max .84)
The paramedic certification will not be counted as either technical training hours or
college credit hours and will be assigned a value of .84 percentage points. College
credit hours non-related (CCNR) shall be credit hours documented by transcript or other
acceptable evidence from an accredited college or university not related to the degree
track for a degree in Fire Science (FS) or Emergency Medical Services (EMS) as
designated from an accredited college or university. College credit hours related (CCR)
shall be credit hours documented by transcript or other acceptable evidence from an
accredited college or university in the degree track for that college or university's Fire
Science (FS) or Emergency Medical Services (EMS) degree program excluding credits
earned as part of the paramedic program. College credit hour values are based on
semester hours and will be pro-rated for other systems (trimesters, quarters, etc.)
Associate degree in Fire Science (FS) or Emergency Medical Services (EMS) shall be a
degree received from an accredited college or university with supporting transcript or
other acceptable evidence. Bachelor degree in Fire Science (FS) or Emergency
Medical Services (EMS) shall be a degree received from an accredited college or
IAFF - 23
university with supporting transcript or other acceptable evidence. Only one degree,
either associate's or bachelor's, shall count toward educational credit, however,
additional credit hours may be added to the associate degree up to the maximum
allowed value, with related and non-related definition as set forth above.
In order to accurately reflect promotional points for all documents submitted, the City
will assign mandatory individual appointments for each promotional applicant for
document submission and review. The deadline for submission for all documents
required to substantiate the educational promotional credit will be 5:00 p.m. fourteen
(14) calendar days after the pass/fail notification is provided by Human Resources to
Fire Administration. All applicants must be present during the entire document review
process to confirm documents and answer questions. Applicants must submit the
Promotional Credit Formula (above) for each document that they would like considered.
Stapled to the back of each Promotional Credit Formula must be an original or certified
copy of each document the candidate would like considered. Each attachment must
indicate the number of college credits the course is worth. The applicant may verify
hours by a) indication on a certified transcript, b) indication on the certified copy of the
certificate or c) an official letter from the institution stating the hours. If the hours are
not indicated in one of these ways, the certificate will not be included for any point
calculation. All documents must also include the course title, and the date the course
was completed.
Credit hours may not be counted twice. Therefore, classes that were counted towards
a degree may not be used again as either technical or college credit hours.
A promotional list for each promotional process will then be created listing examinees in
descending numerical order of final score including any education, seniority or
Veterans' Preference calculations. The Fire Chief will appoint from these promotional
lists. Skip-overs may result from an examinee being rated unsatisfactory in two (2) or
more evaluations within the last twenty-four(24) months; being issued three (3) or more
written reprimands/suspensions within the last twenty-four (24) months; serving under a
Last Chance Agreement; or being physically/mentally unqualified to perform the
essential functions of the position.
IAFF - 24
Promotions shall be made by rank order provided that the ranking examinee's
documented performance and/or discipline history are not significantly inferior to that of
the next ranking candidate.
The IAFF shall facilitate participation of bargaining unit employees in providing
information in order to conduct the job analyses and develop the tests within the time
frames requested by the process; provided that such participation shall be on duty time.
The parties agree to review the formula for promotional credit and to implement such
revisions as the parties may agree upon in writing.
6.14. Light Duty Assignments. If an employee is temporarily unable to perform the
essential functions of the employee's job classification due to a non-job related
injury/illness, he may make a written request to the Fire Chief for a light duty
assignment. The Chief shall determine if there are any necessary functions which
could be preferred by a light duty employee. If there are such opportunities, the Chief
shall inform the employee in writing of any light duty assignments and the physical
capabilities required for their performance.
The employee shall present this light duty assignment information to his/her treating
physician and obtain, at his/her expense, a written evaluation of his/her capacity to
perform the functions of the assignment. The medical evaluation must be in sufficient
detail to satisfy the Chief. The Chief reserves the right to a second opinion from a City-
appointed physician. The establishment, duration, work hours, and content of light duty
assignments are at the sole discretion of the Fire Chief and may be modified or ended
at any time.
6.15. Injury Service Connected (ISC). For two (2) sixteen (16) week periods, the City
agrees to compensate any member of the bargaining unit with the difference between
the weekly disability Workers' Compensation benefit received or which the employee is
entitled to receive, and his/her regular rate of pay for any time lost from work due to a
service-connected injury. "Service-connected injuries" shall be defined as injuries
sustained under the following circumstances:
a) while on duty and entitled to be paid by the City; or
IAFF - 25
b) while reasonably exercising Firefighter functions within the City limits of Miami
Beach while off duty; or while working a departmentally sanctioned off-duty job;
or
c) while exercising Firefighter functions when there is a physical danger to a
person and the employee takes reasonable action off duty in Miami Dade
County, Monroe County, Broward County, or Palm Beach County, excluding any
injury incurred while performing duties as a member of any other fire or
emergency service; or
d) when operating a City vehicle, being duly authorized to do so by the City; or
while on a reasonably direct travel route to or from work and home in their
private vehicle while within the City limits; or
e) while participating in organized fire service training that is approved in writing by
the Fire Chief after consultation with the City Manager's designee for Risk
Management.
In the circumstances described above (sub-paragraphs a through e), the City agrees
that it is and will consider itself the employer and the employee the City's employee.
After the advice and comments of the Fire Chief and the IAFF President, the City
Manager, at his/her sole discretion, may extend the above described ISC payments
beyond thirty-two (32) weeks. This decision is not subject to grievance or arbitration.
The approvals for receipt of this compensation as presently required shall be continued.
The Union and the City agree to meet to discuss options and alternatives to the current
ISC practices to cure abuses (if found), and ensure streamlined and efficient provision,
administration, and use of ISC.
6.16. Jury Duty. Bargaining unit personnel who are summoned to jury duty shall be
covered by the following:
a) Personnel who are released from jury duty and who are not require to return for
jury duty the following day will be required to report to work and complete the
remainder of their assigned tour of duty.
b) Personnel who are required to return to a jury pool or to jury duty on the date
following their scheduled shift will be allowed to take off the second half of their
IAFF - 26
assigned shift (8:00 p.m. to 8:00 a.m.) without being charged to annual leave or
sick leave time. If the employee is released from jury duty before 5:00 p.m.,
he/she is required to return to his/her regularly scheduled shift.
6.17. Reduction in Work Force. For the term of this Agreement, there shall be no
layoffs or demotions of bargaining unit members except for disciplinary demotions,
suspensions, or terminations, which are not included for the purposes of no layoffs or
demotions.
6.18. Infectious Disease Presumption. Any condition or impairment of health caused
by Human Immunodeficiency Virus/Acquired Immune Deficiency Syndrome (HIV/AIDS),
Hepatitis, Pulmonary Tuberculosis or Meningococcal Meningitis shall be presumed to
have been accidental and to have been suffered in the line of duty unless the contrary
be shown by competent evidence. The City will maintain a confidential list of
employees who have taken the required medical examinations. Employees will be
added to the City's confidential list subject to the following conditions:
a. New hires shall acquire the presumption entitlement after completing a pre-
employment or post conditional offer of employment medical exam that tests for
and fails to reveal any evidence of AIDS, Hepatitis, Pulmonary Tuberculosis, or
Meningococcal Meningitis.
b. Employees who refuse to take the pre-employment or post-offer testing related
to presumptions mentioned in this Section shall not be eligible for the
presumptions.
6.19. Seniority Bid System. It is understood by the parties that the current bid system
in effect at the ratification of this agreement shall remain in effect. Any change to the
bid system will be agreed upon through the Labor Management process.
6.20. Minimum Staffing. It is agreed that the staffing of the Department shall be in
accordance with the minimum staffing ordinance of the City which may be amended
from time to time in the City's discretion, subject to the Union's right to request impact
bargaining as provided under Article 13 of this agreement.
IAFF - 27
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ARTICLE 7
WAGES AND FRINGE BENEFITS
7.1. Wage Increases.
a. Effective with the first pay period ending in October of 2012, there shall be no
across-the-board wage increase.
b. Effective with the first pay period ending in October of 2013, there shall be no
across-the-board wage increase.
c. Effective with the first pay period ending in October of 2014, there shall be an
across-the-board wage increase of three percent (3%).
d. Merit and longevity increases shall become effective on the payroll period
commencing nearest the effective date, provided that the employee's
performance has been rated as satisfactory for the prior year.
7.2. Suppression Division. One (1) Firefighter I or Firefighter II, also certified as an
Air Room Technician, per shift (for a total of three (3) employees), shall be assigned to
the Suppression Division. The three (3) employees assigned as Air Room Technicians
shall receive 2.5% Air Room Technician incentive pay. Effective on or after February 1,
2012, with the bid change, in addition to the Firefighter I (DE) regularly assigned driver
to Station 2, there shall be one additional Firefighter I (DE) certified as an Air Room
Technician assigned to Station 2 per twenty-four (24) hour shift, for a total of three (3)
employees. Each one of the three (3) twenty-four (24)_hour shift employees shall be
assigned to the Support Services Division (1240), and also be entitled to the five
percent (5%) driver/engineer incentive pay.
7.3. Assi nment Pay. Any employee assigned outs i de o f
1210 (Suppression Division)
will received 10% assignment pay.
The only exception to this will be twenty four hour (24 hour) shift officers (i.e.,
Lieutenants and Captains) assigned to the Rescue Division (1220), who shall receive
five percent(5%) assignment pay effective September 30, 2012.
7.4. Paramedic and EMT Pay. Employees who hold a Paramedic certificate shall
receive a ten percent (10%) supplemental calculated on their base pay. Employees
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who hold an EMT certification shall receive a one and one half percent (1.5%)
supplemental calculated on their base pay. Employees shall not receive pay
supplements for both EMT and Paramedic certifications.
7.5. Certification Pay. In addition to "assignment pay" stated in Section 7.3, and
Paramedic/EMT pay stated in Section 7.4, the following divisions will provide
certification pay:
A. Fire Prevention Division:
1) Employee shall receive an additional five percent (5%) supplement upon
receipt of a State Fire Inspector Certificate and shall continue to receive such
supplement until the Certificate expires, regardless of his/her divisional
assignments. Employees shall remain solely responsible for maintaining a State
Fire Inspector Certificate, unless assigned to the Division. Such costs involved
in maintaining a State Fire Inspector Certificate shall remain the responsibility of
the employee.
2) In order to bid into the Fire Prevention Bureau, employee must possess a
current State Fire Inspector certification.
B. Support Services Division: Employees shall receive an additional two and
one-half percent (2'/2%) supplement upon receipt of a State Fire Instructor
Certificate and shall continue to receive such supplement until the Certificate
expires, regardless of his/her divisional assignment. Employees shall remain
solely responsible for obtaining and maintaining a State Fire Instructor
Certificate, unless assigned to the Division. Such costs involved in obtaining
and/or maintaining a State Fire Instructor Certificate shall remain responsibility
of the employee.
7.6. Paramedic Training.
For the purpose of this program, the focus will be on bargaining unit personnel who
were hired on or after March 30, 1987. Seniority in rank will be the initial factor used to
determine selection of students that will be allowed to apply to Miami-Dade College or
other designated educational institution for acceptance into their paramedic program.
The department will allow a minimum of two (2) bargaining unit personnel to enroll in
IAFF - 29
the program each year. However, this number may be increased at the sole discretion
of the Fire Chief, based upon staffing requirements, budget, class availability, etc. The
Fire Chief will also determine the appropriate number of bargaining unit employees
within each rank that will be considered for enrollment. The City will pay for the
paramedic course, lab fees, required textbooks, and related medical exam and
vaccinations.
Prior to the beginning of the school semester, bargaining unit personnel who have been
accepted into the program will be transferred to a shift that allows them the opportunity
to attend required classes on duty. This attendance will be governed by policies
developed by the Fire Chief, including but not limited to, dress code, travel time,
schedules, etc. The Fire Department shall not be responsible for additional on-duty
time or expenses for bargaining unit personnel who are required to repeat portions of
the paramedic course for graduation.
Bargaining unit personnel eligible for participation in this program will be allowed to
submit a written request for a one-time deferment upon notification by the Fire Chief
that they are being processed for the next available class. Any requests for deferment
must be directed to and received by the Fire Chief within fifteen (15) days from the date
of notification to ensure that there will be an adequate number of students available for
entry into this program.
An employee granted a deferment will not be considered eligible for participation for a
period of one (1) year from the date of deferment, at which time he/she will be required
to make application to Miami-Dade College or other designated educational institution
for acceptance into the next available Paramedic Training Program.
While attending paramedic school, bargaining unit personnel will not be permanently
assigned to any division that would require payment above base salary. For example,
personnel will not be permanently assigned to the Fire Rescue Division, Fire Prevention
Division, or the Support Services Division. However, they may be assigned temporarily
as the need arises.
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7.7. Driver Incentive Pay:
a) Effective on June 1, 2011, there shall be a Driver Engineer (DE) incentive pay
established. In order to be eligible for the Driver Engineer incentive pay, a
Firefighter I shall successfully complete Fire Apparatus/Equipment and Fire
Hydraulics/Equipment courses or similar curriculum. Those Firefighter I
employees who meet these qualifications and are assigned to the Suppression
Division (1210) as a Driver Engineer who bid into the Driver Engineer
assignment pursuant to the annual bid process shall receive a five percent (5%)
Driver Engineer incentive pay.
b) Effective September 30, 2012, any Firefighter I assigned to the Rescue Division
(1220) shall receive a three percent (3%) driver incentive pay.
7.8. Work Out of Classification. When the City assigns a Firefighter I, Firefighter II,
Lieutenant, or Captain to work in a higher position for more than one hour, he/she shall
receive an increase of two dollars ($2.00) per hour for all hours during which the
assignment continues on that shift.
After the implementation set forth in Section 6.21, no Firefighter I shall be assigned to
work out of class as a Fire Lieutenant on a Combat Unit unless he/she is on an active
Fire Lieutenant promotional list. A Firefighter I may be assigned to work out of class as
a Fire Rescue Lieutenant provided that any Firefighter I on an active Fire Lieutenant
promotional list has the right of first refusal.
After the implementation set forth in Section 6.21, no Firefighter I shall be assigned to
work out of class as a Driver Engineer unless he/she meets the qualifications set forth
in 7.7 (a).
No probationary employee shall be assigned to work out of classification.
7.9. Overtime. Any member of the bargaining unit required to perform work outside of
his/her normal shift shall receive pay at time-and-one-half their current hourly rate.
Hourly rates shall be determined using the definitions in Article 7.16, Hours of Work.
Upon implementation of the new average pay period provision for 24-hour shift
personnel, all vacation and sick leave accrual rates and existing accrued amounts for
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24-hour shift personnel shall be revised to reflect this change (i.e. 1.5 hours for each
hour).
The Fire Chief will make available to the International Association of Fire Fighters, Local
1510 (IAFF) a report or the database of the overtime worked by the bargaining unit
members. Such information will be furnished to the IAFF on an as needed basis.
7.10. Call-in Guarantee. A member of the bargaining unit who is called in to work
outside of his/her normal shift will be guaranteed four (4) hours of pay to be computed
at the rate of time-and-one-half, except when contiguous to the employee's regular
schedule. If a call-in occurs on a holiday, the member will receive holiday pay for the
four (4) hour guarantee and all additional hours worked on the holiday. If an employee
does not perform available work as assigned, he shall not be entitled to any pay.
7.11. Holidays. The following holidays shall be granted to all members of the
bargaining unit accordingly:
Holidays Designated Date
New Years Day January 1s'
Martin Luther King, Jr. Day 3rd Monday in January
President's Day 3rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1s' Monday in September
Veteran's Day November 11 th
Thanksgiving Day 4th Thursday in November
The Day after Thanksgiving 4th Friday in November
Christmas December 25th
Employee's Birthday*
Three (3) Floating Holidays**
* Birthday shall be twenty-four (24) hours for 24-hour shift employees and eight (8) or
ten (10) hours for 8/10 hour shift employees.
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** Three (3) floating holidays of ten (10) hours or eight (8) hours for 8/10 hour shift
employees, and two (2) 24-hour floating holidays for 24-hour shift employees.
a. Floating holidays are to be selected by the employee, subject to the Fire Chief or
designee's approval, during each 26 pay period year.
b. Bargaining unit members shall be eligible to use Floating Holidays and Employee
Birthday after six (6) months of continuous employment with the City.
c. 8/10 hour shift employees get the same holidays as other City Employees.
d. Bargaining unit members shall receive holiday pay (double time) for all hours
worked on holidays. Double time pay does not apply to 24-hour shift employees,
except when working overtime on a Holiday.
e. Any additional holidays so designated by official action of the City Commission shall
be added to the above list.
f. Twenty-four (24) hour shift personnel whose R day or regular day off falls on a
holiday will receive pay for nine (9) hours at the employee's regular straight time rate of
pay. The shift that is ending at 8 a.m. on the holiday and the shift that starts at 8 a.m.
on the holiday, shall both receive nine (9) hours holiday pay at the regular straight time
rate of pay. Effective April 1, 2015, the aforementioned nine (9) hours of holiday pay
shall be reduced to six (6) hours of holiday pay at the regular straight time rate of pay.
7.12. Vacation Benefits. Consistent with applicable ordinances, the vacation benefits
presently enjoyed by the employees covered by this Agreement shall continue for the
term of this Agreement.
7.13. Negotiation Pay, The Union's Negotiation Committee, said Committee shall be
composed of not more than five (5) members of the bargaining unit selected by the
Union. Four (4) committee members, not more than two (2) of whom are on the same
tour of duty, shall be allowed time off with pay to participate in any negotiations
conducted pursuant to Chapter 447 of the Florida Statutes on any day or days on which
negotiations are held during their regularly scheduled tour of duty. Employees shall not
be paid for time spent in negotiations on off-duty days. The Union shall notify in writing
the Fire Chief and the City Manager's designee for Labor Relations of the names of the
members of the Negotiations Committee and of any changes in the members of said
Committee.
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7.14. Sick and Vacation Leave Accrual and Maximum Payment of Termination.
The present policy concerning sick leave (including the policy for payment upon
termination, retirement, or death), accrued sick and vacation time combined, up to a
maximum of one year's salary, shall continue for all employees hired before October 1,
1978.
Effective October 1, 1978, all new employees covered by this Agreement shall, under
applicable ordinances, rules and regulations, be allowed no accumulation of vacation
leave, except in accordance with provision for postponement of vacation leave as set
forth in Article 7, Section 7.10, of this Agreement; be permitted to transfer sick leave in
excess of 360 hours to vacation leave at the rate of two days sick leave to one day
vacation leave to be used in the pay period year when transferred. The Must Use Cap
on vacation accrual is 460 hours (690 for 24-hour shift employees).
Employees shall be entitled to schedule and use at least one year's worth of their
annual leave per year, if they participate in the Fire Department's vacation leave
application process in a timely manner.
Effective with the first pay period ending in October of 2006, the maximum amount of
accrued, combined sick and vacation leave paid upon retirement, termination or death
shall not exceed 820 hours for non-shift personnel and shall not exceed 1,230 hours for
24 hour day shift personnel.
The value of the combined accumulated sick leave hours and vacation hours upon
termination, retirement or death shall be one hundred percent (100%), up to the
maximum as stated above.
7.15. Sick Leave Sell Back Program. An annual sick leave sell back program, payable
on a dollar for dollar basis, has been established and implemented as stated in this
section, effective October 1, 2013. The annual sick leave sell back periods shall cover
each of the following fiscal years: October 1, 2013, through September 30, 2014; and
October 1, 2014, through September 30, 2015. Payments for each annual sick leave
sell back period will be made in the last pay period in November after the closing of the
IAFF - 34
applicable sell back period. The sick leave sell back program, inclusive of all provisions
stipulated in this section, shall terminate on the expiration date of this Agreement.
The sick leave sell back program will allow qualified employees to sell back their annual
sick leave accrual during the sell back period, minus any sick and emergency vacation
leave utilized during the same period, to be reduced on an hour for hour basis. Leave
utilized under the Family and Medical Leave Act (FMLA) shall not reduce the sick leave
sell back amount.
In order to qualify for participation in the sick leave sell back program, employees must:
(1) Have been employed by the City throughout the entire sick leave sell back period
being measured; and (2) Maintain at least four hundred (400) hours of combined
accumulated sick and vacation leave, after each sell back date, for shift personnel, and
three hundred (300) hours for non-shift personnel. The sick leave hours sold back as
part of this program cannot cause the employee's accumulated sick and vacation leave
to descend below the aforementioned minimum established thresholds.
7.16. Hours of Work.
a. The average pay period for twenty-four (24) hour shift personnel covered by this
agreement will be 96 hours in a 14 day period and the three (3) shift (A,B,C)
schedule of twenty four (24) hours on duty and forty eight (48) hours off duty
shall continue for the duration of this agreement. Every seventh shift, currently
known as an R-day, shall be a day off so as to comply with the average pay
period described above.
b. The average pay period for 8/10 hour shift personnel covered by this agreement
shall be eighty (80) hours in a fourteen (14) day period, with scheduled shifts
consisting of eight (8) ten (10) hour or ten (10) eight (8) hour days per pay
period. 8/10 hour shift personnel shall not be eligible to receive or accrue R-
days.
7.17. Health Trust Contributions:
For Calendar Year 2013, the City's monthly contributions are:
IAFF - 35
Single: $ 482.92 ($ 464.38 Medical + $17.54 Dental)
Emp. + 1: $1,174.15 ($1,139.95 Medical + $34.20 Dental)
Family: $1,191.80 ($1,139.95 Medical + $51.85 Dental)
On a monthly basis, the City will be provided with the actual premium cost to the Florida
Firefighters Insurance Trust Fund (herein after referred to as TRUST) as determined by
its qualified consultant with those supporting documents reflecting the TRUST'S costs
per participant. This actual cost shall include all liabilities of the TRUST inclusive of
administrative fees, claims costs, reserves and stop loss not to exceed the maximum
expense to the TRUST and supporting this annual percentage increase.
The City's annual calendar year contribution will be based on a true-up process as
described below. (It is understood and agreed that the numbers used in the foregoing
examples are fictional and for illustrative purposes only.)
Example#11: Trust's actual calendar year percentage premium increase is less than
the City's actual contribution —a refund is calculated:
If the City's actual monthly contribution exceeds the TRUST'S monthly premium
contribution, then the difference shall be recorded and refunded to the City by reducing
the City's first following calendar year premium payment to the TRUST by the total
amount of the dollars to be refunded. This refund will be based on the dollars
determined each month. In addition, the City's base premium rate will be adjusted to
reflect this annual percentage decrease in cost. The City's premium rate for December
of the preceding calendar year will be adjusted to reflect this percentage decrease in
premium cost and then the City's current straight line average increase will be added to
this base premium.
1. City's monthly contribution for calendar year 2006 = $100,000/month
2. City's monthly contribution for calendar year 2007 = $106,000 (2006 average
straight line increase 6%)
3. Trust's actual monthly premium for calendar year 2007 = $104,950.50 (this is 1%
less than #2)
IAFF - 36
4. Therefore, the City overpaid the Trust by $1,049.50 each month, which means the
City would receive a credit of $12,594 ($1,049.50 x 12) to be taken off of the first
premium contribution in 2008.
5. The City's straight line average for 2008 has been set at 6%.
6. Before adding this new straight line average of 2008, the current monthly
contribution will need to be adjusted to reflect the true costs of 2007 (Dec 06 base
premium + 5% (The true increase for TRUST in 2007)). This establishes the new
base premium for 2007.
7. Therefore, the City's monthly contribution for 2008 would be
$105,000 (2007 adjusted premium) x 6% (2008 straight line average)) = $111,300
Example #2: If the payments made by the City to the TRUST do not exceed the actual
increase for prior year, then there will be no reduction made in the current year.
Trust's actual calendar year percentage premium increase is greater than the City's
actual contribution — no refund is calculated:
1. City's monthly contribution for calendar year 2006 = $100,000/month
2. City's monthly contribution for calendar year 2007 = $106,000 (2006 average
straight line increase 6%)
3. Trust's actual monthly premium for calendar year 2007 = $110,000 (this is more
. than the City's actual payment)
4. Therefore, the Trust's premium was more than the City's actual contribution for
2007. No credit is due to the City and there will be no monies deducted from the
first premium in 2008.
5. There will be no reduction to the City's current monthly contribution.
6. The City's straight line average for 2008 has been set at 6%.
7. The 2008 rate will then be determined as follows:
$106,000 (2007 rate) x 6% (2008 straight line average)) = $112,360
Example #3: If the payments made by the City to the TRUST are equal to the actual
increase to the TRUST for the prior year, then there will be no reduction made in the
current year.
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Trust's actual calendar year percentage premium increase is equal to the City's actual
contribution — no refund is calculated:
1. City's monthly contribution for calendar year 2006 = $100,000 month
2. City's monthly contribution for calendar year 2007 = $106,000 (2006 average
straight line increase 6%)
3. Trust's actual monthly premium for calendar year 2007 = $106,000
4. Therefore, the Trust's premium was equal to the City's actual contribution for 2007,
no credit is due to the City and there will be no monies deducted from the first
premium in 2008.
5. There will be no reduction to the City's current monthly contribution.
6. The City's straight line average for 2008 has be set at 6%
7. The 2008 rate will then be determined as follows:
$106,000 (2007 rate) x 6% (2008 straight line average) = $112,360
If the City's renewal rate if flat, or a negative percent, then there will be no change
made to the City's annual calendar year contribution to the TRUST.
The City's contribution 'amount will help fund the level of benefits provided by the
current plan as of the date this contract is signed* and will help fund the level of benefits
provided by the TRUST not to exceed the maximum expense to the TRUST for said
benefits. If plan design changes cause an increase in the TRUST'S monthly premium,
the City is not required to increase its contribution as a result of the plan design change.
The City shall be notified in writing of all plan design changes within thirty (30) days of
the effective date of any proposed change.
Deadlines:
a. First Week of Each Calendar Month:
Monthly premium billing reports shall be provided from the TRUST to the City
Manager's designee for Labor Relations and Human Resources/Benefits Administration
no later than the 1" week of each calendar month the premium is due. This premium
IAFF - 38
i
billing report shall reflect the monthly premium costs based on the claims experience
and administrative costs of the TRUST as determined by its qualified consultant and
documents reflecting the TRUST'S costs per participant per month for administrative
fees, claims costs, stop loss and reserves supporting the annual percent increase, and
shall be broken down by average for that month per participant.
b. In addition, the City of Miami Beach Firefighters Insurance Trust Fund shall provide
the financial statements from the TRUST CPA reflecting Miami Beach's actual
premium contributions for the prior calendar year to the City Manager's designees for
Labor Relations and Human Resources/Benefits Administration. Audited financial
reports will be provided as soon as available each calendar year.
c. The City Manager's designee for Labor Relations will provide the final renewal
rates to the Miami Beach Firefighters Insurance Fund prior to the beginning of the new
plan year.
d. The City's designees for Labor Relations and Human Resources/Benefits
Administration will be notified of the annual meeting at which benefit changes are under
consideration and the City shall be allowed to send representatives to that meeting.
Also, any consulting reports analyzing benefit changes will be provided to the City for
the purposes of that meeting.
*Upon ratification of this agreement, the parties shall supply each other with the current
plan designs in effect for calendar year 2013.
**The straight line average is defined as the total of the percentage increase in premium
for each of the City's medical plan options divide by the number of the City's medical
plan options and in the same manner for dental plans.
In addition:
a) For all current retirees and active employees on the payroll as of the
date of ratification of this contract, all employees presently in the DROP,
and all eligible dependents under the current eligibility rules, the City
contribution for those current retirees and current employees who
IAFF - 39
become future retirees for health coverage shall be equal to the City's
Health Trust contribution formula for active employees. Furthermore,
the contributions for those current retirees and current employees who
become future retirees and their eligible dependents shall be no less
that the current value of the contributions for active employees and their
eligible dependents. This agreement shall be reduced to writing and
made individual contracts and shall be vested benefit throughout
retirement.
b) Employees hired after the ratification of this Agreement who elect to be
covered by the Firefighters Plan to the extent they choose to have
medical benefits provided to them and their dependents during
retirement shall receive a health insurance stipend in lieu of a City
contribution to the Trust on behalf of those employees after their
retirement. The stipend shall be a monthly payment equal to twenty-five
dollars ($25) per month of each year of service, subject to an annual
increase based on the Miami-Ft. Lauderdale all urban consumer CPI as
of September 301h of each fiscal year.
c) All members of the bargaining unit who have worked at least ninety (90)
days from date of appointment will not be covered by City-provided
medical and dental benefits and will instead be covered by the Florida
Firefighters Insurance Trust Fund (Firefighters Plan). Covered
employees if they choose, will have the options of coverage as set forth
in that Plan. Non-bargaining unit State certified firefighter employees in
the Fire Department have the option of coverage under the City-
provided plan or Firefighters Plan, but not both, provided they meet the
TRUST's eligibility as defined in the plan document.
d) All members of the bargaining unit who were members of the Union on
September 1, 1986, and who retire on or after October 1, 1986, and
non-bargaining unit employees who opt for the Firefighters Plan and
who retire on or after October 1, 1986, shall be covered by the
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Firefighters Plan to the extent they choose to have medical benefits
provided to them and their dependents during retirement.
e) The City shall be provided with a copy of the Firefighters Plan booklet
and the Trust Agreement, and any other information required by law
and shall be apprised of any changes in the Trust Agreement and/or
Plan benefits.
f) Employees covered by this Agreement who retire, or are terminated by
the City must be vested in the Police/Fire pension plan at the time of
such retirement, resignation or termination in order to receive a
contribution by the City towards his/her health insurance premium after
such retirement, resignation or retirement.
g) Employees in the bargaining unit shall be eligible to participate in the
City's voluntary benefits plan, which may be modified by the City from
time to time. The voluntary benefits plan shall be administered by the
City.
h) Effective the first pay period ending in October of 2013, all employees
covered by this agreement shall contribute twenty-five dollars ($25.00)
biweekly to the Post Employment Health Program (PEHP). Upon
separation of employment from the City, employees covered by this
agreement shall contribute ten percent (10%) of their accrued leave
payouts toward the PEHP. Any and all fees/costs associated with
administering the PEHP shall be incurred by the plan participants. In no
event shall the City incur any costs.
i) Effective upon ratification of this agreement, and for so long a period as
the federal tax code imposes a heavier tax burden upon City employees
with domestic partners who elect to receive family medical and dental
coverage over that of their married counterparts, the City will reimburse
those employees with domestic partners who pay this heavier tax
burden by adding to their biweekly pay the additional amount withheld
from the employees' pay and the amount of the additional tax assessed
IAFF - 41
i
by the federal government upon this reimbursement. Reimbursement
under this subsection shall not be considered to be pensionable
income. In order to qualify, eligible employees must have registered
domestic partnerships in accordance with the applicable provisions of
the Miami-Dade County Code of Ordinances and the City of Miami
Beach Code of Ordinances.
7.18. Recertification. Time spent while off duty in classroom (including the test) or lab
settings to obtain recertification in accordance with State of Florida requirements is not
time worked and will not be compensated by the City. Books and tuition for such
courses will be paid for by the City. Under present state recertification procedures, the
City will provide a $300 paramedic recertification pay. Effective the first full pay period in
October 2013, the City shall make a one-time payment of $200 to retroactively
compensate eligible employees who received recertification pay during FY 2012/13.
Effective the first full pay period in October 2013, paramedic recertification pay shall be
increased to $500. Non-paramedic employees who are required to obtain EMT
recertification shall be provided with the state required instruction while on duty.
7.19. Court Time. When an employee is required to appear in court or at a deposition
by the State Attorney, public defender, or a federal agency, or is required to appear in
court or at a deposition in a civil matter which involves the employee's employment with
the City, (except when the employee is a Plaintiff in any litigation against the City, when
the litigation involves one employee who is suing another employee, and/or when the
employee is a Plaintiff or Defendant in a lawsuit where the employee is not on the same
side as the City, this Section shall not apply) he/she will be paid a minimum of four (4)
hours at the overtime rate if the court appearance or deposition is not contiguous to the
regular duty shift. If the court appearance or deposition is contiguous to the regular
duty shift, the minimum guarantee shall be two (2) hours at the overtime rate.
7.20. On-Call. Employees who are placed in an on-call status as primary respondents
for periods of one month at a time will be paid $100 for each such month. Effective
October 1, 2012, on-call pay shall be increased to $300 for each month the employee is
on call.
IAFF - 42
7.21. Shift Training Coordinator. One employee on each operating shift will be given
a $300.00 annual bonus for holding and maintaining a State of Florida Fire Instructor
certificate, and for performing as the shift training coordinator. This training certificate
holder bonus is not pensionable for purposes of retirement calculation.
7.22. Pension Pick-Up. The City agrees subject to and in accordance with IRS code
and regulation that pension contributions, although designated as employee
contributions, will be paid by the employer in lieu of contributions by the employee.
7.23. Rescue Out of Class (ROC). When the City temporarily assigns an employee
covered by this Agreement to work in Fire Rescue for more,than one hour he/she shall
receive an additional two dollars ($2.00) per hour for all hours during which the
assignment continues on that shift.
7.24. Pension. The pension benefits as they currently exist shall continue, except that
the City shall amend the pension plan upon ratification of this Agreement, to provide the
following benefits for plan members who retire on or after September 30, 2013 (except
as otherwise specified below):
A. Upon completion of five (5) years of creditable service under the pension system,
members may purchase additional creditable service under the system for up to two
(2) years of prior military service, up to an additional six percent (6%) multiplier, at
ten percent (10%) or ten and one half percent (10.5%), whichever is applicable, of
pensionable salary for each year of military service purchased, with the cost
prorated for fractional years of service. For purposes of this purchase, an employee
may use the value of accrued sick and/or annual leave, valued at the employee's
hourly rate at the time of purchase.
B. The purchase of additional service must be completed within twenty-four (24)
months following a member's completion of five (5) years of creditable service
under the pension plan. If a member does not complete the purchase within the
twenty-four (24) month period, he/she shall not be eligible for the purchase in the
future.
IAFF - 43
C. Effective upon ratification of the 2009-2012 collective bargaining agreement
between the City and the IAFF, all compensation for work performed pursuant to
section 6.12 (off duty services) shall be included in a member's salary for pension
purposes, and shall be used in the calculation of member contributions and
benefits. Provided, in no event shall the value of unused sick and/or vacation time,
overtime pay, and/or off-duty pay, exceed the caps presently specified in the Miami
Beach Police and Fire Pension Ordinance. Effective upon ratification of this
agreement, overtime in excess of 300 hours per year or payments for unused sick
and and/or vacation leave may not be included in compensation for pension
purposes.
D. DEFERRED RETIREMENT OPTION PLAN (DROP)
1. Eligibility — Any active employee member of the Miami Beach Police and
Firefighters Pension Plan may enter into the DROP on the first day of any
month following the date upon which the employee first became eligible for a
normal service retirement, subject to the conditions expressed herein or as
modified from time to time.
2. Conditions of Eligibility — Upon becoming eligible to participate in the
DROP, an employee may elect to enter that program for a period not to
exceed sixty (60) months. Notwithstanding, participation may not continue
beyond that date when the employee's combined years of creditable service
and time in the DROP equals 408 months . Provided also that participation
in DROP shall require the employee to complete and submit the following
prior to start of DROP payments.
a. Such forms as may be required by the Pension Board of Trustee's Plan
Administrator. Election in the DROP is- irrevocable once DROP
payments begin.
b. A waiver and an irrevocable resignation from employment with the actual
date of termination being the date designated by the employee as the
IAFF -44
end of his/her DROP participation. The administration and timing of
execution and delivery of the waiver and resignation forms shall meet the
requirements of the Age Discrimination in Employment Act and the Older
Worker's Benefits Protection Act, as same may be amended from time to
time.
3. Conditions of Employment for DROP Participants — Employees shall be
subject to termination of employment while in DROP to the same extent as
they were in their pre-DROP status. A person who has elected the DROP
remains an employee during the DROP period and receives all the benefits
of being an employee during the DROP period, except any form of pension
contribution.
4. Effect of DROP Participation
a. An employee's credited service and his/her accrued benefit under
the Pension Plan shall be determined on the date of his/her election
to participate in the DROP first becomes effective.
b. The employee shall not accrue any additional credited service while
he/she is a participant in the DROP, or after termination of
participation in the DROP.
c. A DROP participant is not eligible for disability benefits from the Plan.
d. An employee may participate in the DROP only once.
e. Effective with the start date of an employee's DROP participation,
contribution to the Pension Plan by the employee and the normal
cost contribution to the Pension Plan by the City, on behalf of the
employee, shall cease
5. Payments to DROP Account. A DROP account shall be created for each
member who elects to participate in the DROP. A DROP account shall
consist of amounts transferred to the DROP from the Plan, which include the
monthly retirement benefits, including any future cost of living increases, that
would have been payable had the member elected to cease employment
and receive a normal retirement benefit upon commencing participation in
IAFF - 45
the DROP, and earnings on those amounts. Provided, employees who enter
the DROP on or after September 1, 2012, through the ratification date of this
agreement, shall continue to receive a zero (0%) cost of living adjustment for
the third (3 d) and fourth (4th) annual adjustment dates, regardless of whether
the employee remains in the DROP for the maximum five (5) year period.
Any employee who exits the DROP within six (6) months following the date
of DROP entry, shall be eligible for the cost of living adjustment as otherwise
provided in the current pension plan.
6. DROP Account Earnings
g
a. Members may direct their DROP money to any of the investment options
offered and approved by the Board. Any losses incurred by the
participant shall not be made up by the City or the Pension Plan. The
selection of these programs shall be made by the participant on forms
provided by the Board. Any and all interest and or earnings shall be
credited to the participant's DROP account.
b. A member's DROP account shall only be credited or debited with
earnings while the member is a participant in the DROP and, depending
on the DROP Account Payment Options selected, after the member
dies, retires, or terminates employment with the City of Miami Beach.
i
7. Payment of DROP Account Funds — Upon termination of a member's
employment (for any reason, whether by retirement, resignation, discharge,
disability, or death), the retirement benefits payable to the member or to the
member's beneficiary shall be paid to the member's DROP account. No
payments will be made from the DROP account until the member terminates
employment.
8. DROP Account Payment Options — Following the termination of a
participant's employment, the participant shall select one of the following
options to begin to receive payment from his/her DROP account. Said
selection shall occur no later than 30 days prior to the end of the DROP
participation period or within 30 days following the termination of a
IAFF - 46
participant's employment if said termination of employment occurs prior to
the end of the DROP participation period:
a. Lump Sum — All accrued DROP benefits, plus interest, shall be paid
from the DROP in a single lump sum payment.
b. Partial Lump Sum — A member designated portion of accrued DROP
benefits, plus interest, shall be paid from the DROP in a partial lump sum
payment with the remainder being directly rolled over into an eligible
retirement plan.
c. Direct Rollover—All accrued DROP benefits, plus interest, shall be paid
from the DROP directly to the custodian of an eligible retirement plan.
d. Other method(s) of payment that are in compliance with the Internal
Revenue Code and adopted by the Pension Board of Trustees.
9. Death of DROP Participant — If a DROP member dies before his/her
account balances are paid out in full, the participant member's designated
beneficiary shall have the same rights as the member to elect and receive
the pay-out options set forth in Paragraph 8, above. DROP payments to a
beneficiary shall be in addition to any other retirement benefits payable to
the beneficiary.
10. Administration of DROP Accounts
a. The Pension Board of Trustees shall make such administrative rules as
are necessary for the efficient operation of DROP, but shall neither
create any rule that is inconsistent with the legislation creating the
DROP, nor any rule that would be a mandatory subject of collective
bargaining.
IAFF - 47
b. At all times, the DROP will be administered so that the Plan remains
qualified under the Internal Revenue Code and is in compliance with the
Internal Revenue Code and applicable laws and regulations.
11. If any provision of this DROP should be found invalid, unlawful, or not
enforceable by reason of any existing or subsequently enacted legislation, or
by judicial authority, or by an IRS regulation/ruling, the City and the Union
agree to meet within 30 days of such determination for the purpose of
negotiating a resolution to the invalid provision(s).
In the event that provisions of the Internal Revenue Code operate to limit the
benefit amount of employee coverage by the pension provision incorporated
in this Agreement to an amount less than set forth in the pension Plan then
the City and the Union shall negotiate a method to compensate the affected
employee for the difference between the normal pension benefit and the
limits allowed by the Internal Revenue Code provided that no such
resolution shall jeopardize the exempt status of the Plan under the Internal
Revenue Code.
12. A member who elects to participate in the DROP shall retain the earned
balance of accrued sick and vacation leave as of date of entry into the
DROP, and shall continue to earn sick and vacation leave during the DROP
period, in accordance with the stipulations set forth in the collective
bargaining agreement between the City and IAFF. While in the DROP, the
member shall have the one-time option of receiving payment for accrued
sick and/or vacation leave, up to the maximum payout upon separation of
employment allowed by the collective bargaining agreement between the
City and IAFF, provided that the employee shall retain at least one hundred
twenty (120) hours of accrued sick leave after such payment. The one-time
election to receive payment of leave balances shall be made in any one year
of the DROP, by notifying the City no later than June 30 of that year.
Payment will be made after the first pay period ending October of the same
year. Upon final separation from employment with the City, a member who
has participated in the DROP shall be eligible to receive payment for the
IAFF - 48
balance of all accrued sick and vacation leave as of the date of final
separation, up to the maximum provided in the collective bargaining
agreement, as reduced by the prior payout, if any. In no event shall
payments for accrued sick or vacation leave be included in a member's
earnings for the purposes of the plan.
E. Pension benefits for employees hired prior to July 14, 2010; all changes effective
September 30, 2013, unless otherwise specified:
1. The benefit multiplier shall be three percent (3%) for each year of creditable
service for the first twenty (20) years of service, and four percent (4%) for
each year of creditable service after twenty(20) years of creditable service.
2. The normal retirement date shall be as provided in the current pension plan,
except that a member must attain the age of 47 to be eligible for"Rule of 70"
retirement.
3. Effective September 30, 2015, the final average monthly earnings (FAME)
shall be based on the member's three (3) highest paid years of creditable
service, prior to retirement or separation from employment.
4. The retiree cost of living adjustment (COLA) shall be two and one half
percent (2.5%) annually.
5. The maximum pension benefit shall be 85% of pensionable income, with the
exception that any member who attains a benefit of 85% of pensionable
income or higher as of September 30, 2013, retains the maximum benefit of
90% of pensionable income.
6. Vesting shall be in five (5) years.
7. Ten percent (10%) employee pension contribution.
G. Pension benefits for employees hired after July 14, 2010, but prior to ratification of
this collective bargaining agreement (includes new hires currently in the recruitment
process); all changes effective September 30, 2013, unless otherwise specified:
1. The benefit multiplier shall be three percent (3%) for each year of creditable
service for the first twenty (20) years of service, and four percent (4%) for
each year of creditable service after twenty (20) years of creditable service.
IAFF - 49
2. The normal retirement date shall be as provided in the current pension plan,
except that a member must attain the age of 48 to be eligible for"Rule of 70"
retirement.
3. The final average monthly earnings (FAME) shall be based on the Member's
three (3) highest paid years of creditable service, prior to retirement or
separation from employment.
4. The retiree cost of living adjustment (COLA) shall be one and one half
percent (1.5%) annually.
5. The maximum pension benefit shall be 85% of pensionable income.
6. Vesting shall be in five (5) years.
7. Ten percent(10%) employee pension contribution.
H. Pension benefits for employees hired after ratification of this collective bargaining
agreement (excluding new hires currently in the recruitment process):
1. The benefit multiplier shall be three percent (3%) for each year of creditable
service for the first twenty (20) years of service, and four percent (4%) for
each year of creditable service after twenty(20) years of creditable service.
2. The normal retirement date shall be as provided in the current pension plan,
except that a member must attain the age of 48 to be eligible for"Rule of 70"
retirement.
3. The final average monthly earnings (FAME) shall be based on the Member's
five (5) highest paid years of creditable service, prior to retirement or
separation from employment.
4. The retiree cost of living adjustment (COLA) shall be one and one half
percent (1.5%) annually.
5. The maximum pension benefit shall be 85% of pensionable income.
6. Vesting shall be in five (5) years.
7. Ten and one half percent (10.5%) employee pension contribution.
The pension breakdowns above are for illustrative purposes and do not encompass all
pension benefits afforded to respective members. The full itemization of pension
benefits is available in the plan summary for the Fire and Police Pension Plan, as well
as the Fire and Police Pension Ordinance.
IAFF - 50
"Me Too" with the FOP. The IAFF reserves the right to a "me too" agreement with
the FOP should the City modify the FOP agreement on parallel issues. Any such
discussions shall not exceed a period of 90 days from the date of the first meeting,
and in no event shall the discussions continue beyond the contract expiration date.
7.25. Buyback of Probationary Time. Employees hired prior to ratification of this
agreement may
elect, by written notice served on the Board of Trustees, to receive creditable
pension service time for any or all of their time served as probationary firefighters.
In order to receive such creditable pension service time, employees should be
allowed to purchase any or all of such time through the use of accrued annual
leave, sick leave, cash or any combination thereof. In the event such purchase is
not made within six months of successful completion of probationary period, the
amount paid shall include interest at the rate of three percent (3%) per annum
excluding
first six months. Effective upon ratification, all newly hired employees,
including new hires currently in the recruitment process, shall participate in the
pension plan upon date of hire.
7.26. Voting Time. Given the availability of alternatives such as absentee ballots,
the past practice of allowing paid time off for voting shall be discontinued.
7.27. Commission on Fire Accreditation International Pay Supplement (CFAI).
Bargaining unit members shall receive fifty dollars ($50.00) per pay period. The
union agrees to work with the City in order to attain accreditation through the
Commission on Fire Accreditation International. After attainment of accreditation,
(CFAI) payments required herein shall be contingent upon maintenance of the
accreditation provided however that payment shall continue if loss of accreditation is
due to action or inaction by the City/Administration and unrelated to actions of the
bargaining unit members.
7.28. Compensation Plan.
a) Trainee—All non-certified hires will start at Step 1.
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b) All Florida certified Firefighters will start at Step 3. After 6 months at Step 3,
the employee will move to Step A for the duration of their first year.
c) Effective April 1, 2015, one (1) additional step, Step I, shall be added to the
Firefighter I classification range. The additional step will increase the
maximum of the range for the Firefighter I classification by five percent (5%).
Any Firefighter I at the maximum step of the range, Step H, shall be eligible
to proceed to Step I upon reaching his or her anniversary date following the
effective date of this provision.
7.29. Shift Fire Investigator. Three (3) Firefighter I employees will be assigned to
the Suppression Division (1210) in the position of Shift Fire Investigator. There
shall be one (1) Fire Investigator per 24-hour shift for a total of three (3). To be
eligible to hold the position, the Firefighter I must be a State certified Fire.
Investigator II. The three (3) fire investigators will perform their normal Firefighter I
shift duties, and may be dispatched solely for Fire Investigative duties.
The three (3) Firefighter I Shift Fire Investigators shall maintain their 10%
assignment pay as if they were still assigned to the Fire Prevention Bureau (FPB)
Division (1230) and shall maintain their current take home vehicles.
7.30. Hazardous Duty Pay. Effective April 1, 2015, all employees covered by this
agreement shall be eligible to receive hazardous duty pay in the amount of one
hundred dollars ($100) biweekly. Hazardous duty pay shall not be considered as
pensionable earnings.
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ARTICLE 8
JOINT OCCUPATIONAL SAFETY AND HEALTH COMMITTEE
8.1. Committee Make-up and Responsibilities. In recognition of the City's and
the Union's desire to maintain the highest standards of health and safety in the Fire
Rescue Department, a Joint Occupational Safety and Health Committee will be
established. This committee shall consist of three (3) members of management
selected by the Fire Chief, and three (3) members of the Union appointed by the
Union President.
a. The Committee shall recommend rules and procedures for the promotion of
health and safety among Firefighters.
b. The Committee shall make inspections of Fire Department facilities on a
semi-annual basis or by special request.
c. The Committee shall keep minutes of each meeting.
d. The Committee shall meet on a regular basis at mutually agreed times.
Four(4) members of the Committee shall constitute a quorum, providing that
equal representation is available, at a scheduled and posted meeting.
e. The Safety and Health Committee established by this Agreement shall
evaluate changes in specifications for bids for protective clothing,
equipment, tools, appliances, and apparatus, and shall issue its
recommendations in a report to the Fire Chief.
f. The Safety and Health Committee will evaluate the types of helmets, gloves,
breathing apparatus, and protective clothing on a semi-annual basis. A
report of this evaluation will be made to the Fire Chief.
g. A separate City-Wide or Departmental Safety Committee will review and
analyze all reports of accidents, deaths, injuries, and illnesses.
h. The Safety and Health Committee shall review on the job accidents and
injuries and make recommendations to the Fire Chief about prevention
efforts and/or remediation needed.
8.2. Personal Equipment. Personnel will be issued personal equipment one time,
in new condition, to be maintained in serviceable condition. If the gear is damaged
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or destroyed at no fault of the employee, it will be replaced by the City. If it has
been damaged, destroyed, or lost due to the employee's negligence, the employee
will pay for the replacement.
Negligence will be determined by a majority vote of four (4) members of the
Occupational Safety and Health Committee and the Fire Chief. Two (2) of the
Committee members shall be Union appointees and two (2) shall be Management
appointees.
8.3. Ladder Testing. The City shall pay for the inspection and testing of the
structural integrity and safety of its aerial devices, using recognized test procedures
by an independent test company other than the original manufacturer, at a time to
be determined by management, but on no longer than a bi-annual basis. A copy of
the test results will be supplied to the Safety and Health Committee.
8.4. Air Quality Evaluations. The City agrees that air quality evaluations as
presently made will be made by the Dade County Health Department or other
suitable testing facility on the compressed air utilized in department Self-Contained
Breathing Apparatus (SCBA) and Self-Contained Underwater Breathing Apparatus
(SCUBA) on a quarterly basis.
8.5. SCBA Repair. Only personnel who have been trained and certified by the
manufacturer will be permitted to perform repairs or supervise the performance of
repairs on Self-Contained Breathing Apparatus (SCBA).
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ARTICLE 9
LEAVE OF ABSENCE
9.1. Educational Leave and Tuition Refund. Subject to applicable Personnel
Rules, an employee may request an educational leave of absence without pay to
take a course or courses in a field related to the work assignment of said employee.
The City's tuition refund program shall be continued for the term of this Agreement.
9.2. Bereavement. Where there is a death in the immediate family (mother, father,
grandparents, grandchildren, current spouse's parents, brother, sister, current
spouse, children, or stepchildren) of an employee he shall be allowed two (2) days
off (twenty-four (24) hours a 24-hour shift employee), for the purpose of making
arrangements and/or attending the funeral, without loss of pay and without charge
to accrued sick leave or vacation days of said employee. In such circumstances,
additional time off may be granted by the Fire Chief or designee, and shall be
chargeable to the accrued sick or vacation leave of such employee. Such additional
time shall not count against the employee for the purposes of performance
evaluation, or for participation in the sick leave sell back program. Requests for
additional time off shall be submitted in writing to the Chief.
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ARTICLE 10
TRANSFER OF SERVIVES
10.1. Notice. The City agrees to keep the Union advised concerning any plans for,
or implementation of, a transferal of any services presently being performed by
bargaining unit members.
10.2. Discussions. The City agrees to hold discussions with representatives of the
Union upon request of the Union, for the purpose of permitting the Union an
opportunity to comment upon any proposed transferal of services and/or suggest
alternatives to all or any portion of the plan for transferal.
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ARTICLE 11
DRUG/ALCOHOL TESTING
Section 11.1. Selection. In an effort to identify and eliminate on-duty or off-duty
controlled substance/alcohol abuse, urinalysis/breathalyzer tests shall be
administered as provided herein. Employees shall be advised of their contractual
rights relative to this Article any time a urinalysis/breathalyzer alcohol test is
required. Employees refusing to submit to a urinalysis/breathalyzer test under the
provisions set forth herein shall be dismissed.
a. Annual Screening: Effective October 1, 1998, all employees shall be required
to submit to urinalysis once per calendar year. Employees shall be selected
using a random selection process agreed to by the Union and the City, and shall
be tested during their normal tour of duty.
b. Random Screening: It is important to the safety and welfare of employees and
the public that bargaining unit members not be impaired by alcohol while on duty
nor use illegal drugs. The Human Resources Department will administer the
drug testing program. Thirty (30) days after the contract ratification by the IAFF,
employees whose sick leave bank falls below 133 hours (200 hours for shift
personnel), shall be subject to the random drug test screening for 180 calendar
days. The 180 calendar day period will begin with the pay period after the
employee's leave balance falls below 133 hours (2000 hours for shift
personnel). Effective October 1, 2007, employees whose sick leave bank falls
below 200 hours (300 hours for shift personnel), shall be subject to the random
drug test for 180 calendar days. The 180 calendar day period will begin with the
pay period after the employee's leave balance falls below 200 hours (300 hours
for shift personnel). If at any time after the 180 calendar days has expired, the
employee's sick leave bank falls below the 133 hours (200 for shift personnel)
(or on/after October 1, 2007, 200 hours [300 for shift personnel]), the employee
shall be immediately subject to random drug testing for an additional 180
calendar day period (as described above). New hires are exempt from the
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random screening provisions until they have been employed for a total of thirty-
six months. After thirty-six months from the date of hire, all provisions will apply.
c. Reasonable Belief Screening: Employees may be tested under the following
criteria:
1. When a Division Chief or above has reasonable belief, based on objective
factors that the employee has possession of, or is using, dispensing, or
selling any illegal drug or controlled substance which is not prescribed by a
licensed physician.
2. When a Division Chief or above has reasonable belief based on objective
factors that the employee is under the influence of alcohol on duty, or on an
off-duty detail, or traveling to or from same in a City vehicle, or while in a
status where injury would be covered by Workers' Compensation and/or
I.S.C.
Section 11.2 Screening.
a. Employees shall take a breathalyzer test in the case of suspected alcohol
abuse, and/or give a urine sample for suspected substances abuse, as
determined by the City, at either a hospital or an accredited testing lab, as
chosen by the City. The hospital or accredited testing lab shall include sufficient
safeguards to ensure that a proper chain of custody is enforced. When a
sample is required to be submitted under any of the above circumstances, a
portion of the first sample shall be retained, and the employee may choose to
submit a second, separate sample as described in b) below. All positive tests
for controlled substance(s) shall be confirmed by Gas Chromatography Mass
Spectrometry (GCMS) or equivalent testing method. Testing shall be performed
by an accredited, State licensed clinical lab.
b. Except in the case of alcohol testing, if the employee chooses to submit a
second, separate sample it shall be collected at either a hospital or accredited,
State licensed clinical lab, chosen by the City, within four (4) hours of the time
the initial sample is submitted. If the employee declines to submit a second,
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separate sample or is unable to submit a second, separate sample within the
four (4) hour time period, the retained portion of the initial test shall be used for
any additional confirming tests. Any additional confirmation testing shall only be
conducted following a positive result from the initial test, and shall be performed
at a second, separate State licensed clinical lab of the City's choice. All
additional confirmation testing shall be by GCMS or equivalent testing method.
c. For purposes of reasonable belief screening criteria under Section 11.1(b)(2),
employees shall be deemed alcohol impaired if their blood/alcohol level is
measured at .04 or above. The following concentrations shall be applicable for
determining whether samples are positive for the drugs or classes of drugs
tested in the initial or additional confirmation process. A positive result shall be
a concentration as set forth in NIDA (National Institute of Drug Abuse) five (5)
panel screening standards.
d. Employees shall be notified of a positive test result within a reasonable time
from the time a sample is submitted. Such notice may be served either verbally
to the employee or by a representative of the Department delivering notice to
the employee's last recorded residence shown on the Department's personnel
roster. The Union shall be advised of positive or negative test results to the
extent that the release of such information is consistent with Federal, State, or
local laws regarding the privacy of test results, unless the employee does not
want the results released to the Union.
e. Employees ordered back to duty for testing shall be compensated under Article
7, Section 7.7, Call-In Guarantee.
f. Disputes regarding the consistent application of the reasonable belief criteria
cited herein shall be handled under Section 11.3, Expedited Arbitration.
Employees shall comply with the order to submit a sample and simultaneously
file a protest with the communicator of the order.
g. Employees who test positive for drug use and wish to attribute causation to a
prescribed drug may present evidence to the City Manager's designee for
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Human Resources and the laboratory's Medical Review Officer. The decision of
the Medical Review Officer will be conclusive.
h. Employees shall authorize release of drug/alcohol testing to the City.
Section 11.3. Expedited Arbitration.
a. Following ratification of this Agreement and prior to October 1, 1998, the
President of the Union and the City Manager's designee for Labor Relations
shall select two (2) permanent Arbitrators certified by the American Arbitration
Association (AAA) or other similar certifying agency, to hear employee drug
grievances. The Arbitrators will alternate, hearing only grievances where the
employee alleges a violation of Section 11.1(b), paragraphs 1 or 2, and limited
to whether or not there was reasonable belief based on objective factors to
require the grievant to submit to a controlled substance/blood alcohol test.
b. Samples submitted under Reasonable Belief Screening criteria and grieved
shall not be tested until the Arbitrator has ruled affirmatively that there was
reasonable belief to test the employee.
c. Any grievance must be in writing and submitted by fax or hard copy to the
Division Chief or above on the same day as the test or no later than the next
weekday following the test.
d. Any costs associated with the Arbitrator's ruling shall be borne by the City if the
Arbitrator rules there was not reasonable belief to test the employee, and the
sample(s) shall be properly discarded. Costs associated with the Arbitrator's
ruling shall be borne by the Union if the Arbitrator rules that there was
reasonable belief to test the employee, and the sample(s) shall be tested as
outlined in this Article.
e. An expedited hearing shall be held before the Arbitration using the American
Arbitration Association rules of expedited arbitration and no post hearing briefs
shall be filed. The drug grievance shall be submitted directly to arbitration and
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CI
shall be heard at a mutually convenient time after the employee was required to
submit to the controlled substance/blood alcohol test. The Arbitrator shall rule at
the close of the hearing and an oral response from the Arbitrator shall be
sufficient to settle the grievance.
f. The Arbitrator shall serve from year to year and shall be appointed by letter,
jointly signed by the Union President and the City Manager's designee for Labor
Relations. Should the City and the Union choose to remove an Arbitrator, the
Arbitrator shall be notified and the parties shall agree on a replacement. If they
are unable to agree, each party shall put two (2) names into a hat and the name
drawn shall be the replacement for one (1) year.
Section 11.4. Rehabilitation. In the event that the results of the urinalysis/blood
alcohol test are positive, the following shall apply:
a. At the discretion of the Fire Chief, the employee may be immediately relieved of
duty however, he shall first be allowed to utilize all of his/her accrued annual and
sick leave, if appropriate, and then shall be relieved without pay. The employee
shall not be disciplined until a positive test result is communicated to the City.
However, if the employee's conduct in connection with the alleged substance
abuse amounts to conduct for which the City might otherwise discipline the
employee, the City may take disciplinary action prior to knowing of a positive
test result.
b. The employee shall, at his/her own cost, within seventy-two (72) hours of a
positive test notification (excluding weekends and holidays) enter into a
substance abuse treatment program approved by the City and the Union and
remain in the program until the employee has successfully completed the
program, including any required aftercare. If the employee fails to enter,
participate in, and/or successfully complete any part of the rehabilitation
program, including any aftercare, he shall be terminated from his/her
employment with the City.
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c. Employees cleared to return to work by the Substance Abuse Program
Administrator shall be subject to random urinalysis/breathalyzer test(s) for a
period of two (2) years. The City shall be limited to six (6) random urinalysis
breathalyzer tests per twelve (12) month period, beginning from the date the
employee is cleared to return to work. Each employee shall be entitled to one
(1) chance for rehabilitation during their employment with the City. Employees
who test positive a second time under the provisions outlined in Section 11.2 of
this Article or this Section shall be terminated from employment with the City.
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ARTICLE 12
SAVINGS
If any provision of this Agreement is subsequently declared by the proper legislative
or judicial authority to be unlawful, unenforceable, or not in accordance with
applicable statutes or ordinances all other provisions of this Agreement shall remain
in full force and effect for the duration of this Agreement. Upon issuance of such a
decision or declaration which is not appealed by either party, the parties shall,
following a request by either party, negotiate in good faith on a substitute article,
section, or portion thereof.
1=
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ARTICLE 13
WAIVER AND ENTIRE AGREEMENT
The Union acknowledges that during negotiations resulting in this Agreement, it had
the right and opportunity to make demands and proposals with respect to any and
all subjects not removed by law from the area of collective bargaining and that the
complete understanding and agreements arrived at by the parties after exercise of
that right and opportunity are set forth in this Agreement.
Therefore, the Union waives the right, during the term of this Agreement, to bargain
collectively with respect to any subject or matter referred to or covered by this
Agreement, and it particularly waives the right to bargain over the City's exercise of
any of its management's rights set forth in Article 5 of this Agreement, e.g.,
changing work hour schedule, transferring employees, laying off employees, etc.
The parties intend that this Agreement shall constitute the sole source of their rights
and obligations from and to each other for its term either by specific provision or by
silence. If the Agreement does not prevent it, the City may take any action (or fail to
take any action) it desires and shall have no obligation to bargain with the Union
concerning the taking, or not, of the action; but may take unilateral action at the time
it desires. The Union does not waive, and shall retain its right, to bargain with the
City over the impact of any action taken by the City not set forth in this Agreement,
but such impact bargaining shall not serve to delay management's action until
agreement or impasse is resolved concerning the impact at issue.
This Agreement may be amended by mutual agreement of the parties but any
amendment must be in writing and signed by duly authorized representatives of the
parties before it will be effective.
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ARTICLE 14
TERM OF AGREEMENT
This Agreement shall be effective as of its ratification by both parties, and shall
remain in force and effect until September 30, 2015. It shall be automatically
renewed from year to year thereafter, unless either party shall notify the other in
writing at least sixty (60) days prior to the anniversary date that it desires to modify
this Agreement. In the event that such notice is given, negotiations shall begin no
later than thirty (30) days prior to the anniversary date. This Agreement shall remain
in full force and effect during the period of negotiations, unless either party gives the
other party at least ten (10) days written notice of its desire to terminate this
Agreement, provided that such notice may not be given earlier than ten (10) days
prior to the anniversary date.
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BnTant
_
Miller Attorneys at Law
One Biscayne Tower
2 South Biscayne Boulevard
Olive Suite 1480
Miami,FL 33131
Tel 305.374.7349
Fax 305.374.0895
www.bmolaw.com
July 17, 2013
Jose Smith, Esquire
City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: City of Miami Beach and IAFF
Tentative Collective Bargaining Agreement
October 1,2012—September 30,2015
Dear Mr.Smith:
As requested, I have reviewed the tentative collective bargaining agreement
between the City of Miami Beach and IAFF for the period October 1, 2012 —September
30, 2015. Based on this review, this is to notify you that I approve the agreement as to
form and legality.
Very Truly Yours,
BRYANT MILLER OLIVE
G. .
James C. Crosland
Atlanta Jacksonville Miami Orlando Tallahassee Tampa Washington, D.C.