Resolution 2022-32379 RESOLUTION NO. 2022-32379
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC HEARING PURSUANT
TO SECTION 5.04 OF THE CITY CHARTER AND PRESENTATION OF A PRE-
COLLECTIVE BARGAINING ANALYSIS OF FRINGE BENEFITS,RATIFYING A THREE
(3) YEAR LABOR AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE
GOVERNMENT SUPERVISORS ASSOCIATION OF FLORIDA ("GSAF"), OPEIU
LOCAL 100, FOR THE PERIOD FROM OCTOBER 1, 2021 THROUGH SEPTEMBER
30, 2024;AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE
LABOR AGREEMENT, SUBJECT TO THE CITY COMMISSION'S APPROVAL OF THE
CORRESPONDING CLASSIFIED SALARY ORDINANCE.
WHEREAS, the City Manager has submitted to the Mayor and City Commission the attached
Labor Agreement ("Agreement"), recently negotiated between the City of Miami Beach ("City") and the
Government Supervisors Association of Florida(GSAF),OPEIU Local 100,for the employees covered
by said Agreement for the period covering October 1, 2021 through September 30, 2024; and
WHEREAS, the previous Agreement was for a three-year period from October 1, 2018 through
September 30, 2021; and
WHEREAS, Exhibit A to this 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 GSAF; and
WHEREAS, Exhibit B to this resolution is a written report presented by the City Manager or her
designee as required by Section 5.04 of the City Charter, detailing the current status and related fiscal
impacts of fringe benefits, including pension and health insurance plans; and
WHEREAS, any changes to the substantial form would be non-material in nature as determined
by the City Attorney and the GSAF, or else would require re-ratification by the City Commission and GSAF;
and
WHEREAS, the GSAF bargaining unit employees held a ratification vote on September 28-29,
2022, whereby the proposed 2021-2024 Agreement was approved by a majority of the bargaining unit
members who voted; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA,following a duly noticed public hearing pursuant to section 5.04
of the City Charter and presentation of a pre-collective bargaining analysis of fringe benefits, ratify a three
(3)year labor agreement between the City of Miami Beach and the Government Supervisors Association
of Florida ("GSAF"), Opeiu local 100, for the period from October 1, 2021 through September 30, 2024;
and authorize the Mayor and City Manager to execute the labor agreement, subject to the City
Commission's approval of the corresponding classified salary ordinance.
PASSED AND ADOPTED this 02(0 day of October 2022.
ATTEST:
OCT 2 7 2022 12-zi---___.
APPROVED AS TO.
RAFAEL E. GRANADO, CITY CLERK „�,�„ DAN GELBER, MAYOR FORM & LANGUAGE
�„ &FOR EXECUTION
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MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: October 26, 2022
9:30 a.m. Public Hearing
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY NOTICED PUBLIC
HEARING PURSUANT TO SECTION 5.04 OF THE CITY CHARTER AND
PRESENTATION OF A PRECOLLECTIVE BARGAINING ANALYSIS OF
FRINGE BENEFITS, RATIFYING A THREE (3) YEAR LABOR AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH AND THE GOVERNMENT
SUPERVISORS ASSOCIATION OF FLORIDA ("GSAF"), OPEIU LOCAL
100, FOR THE PERIOD FROM OCTOBER 1, 2021 THROUGH SEPTEMBER
30, 2024; AND AUTHORIZING THE MAYOR AND CITY MANAGER TO
EXECUTE THE LABOR AGREEMENT, SUBJECT TO THE CITY
COMMISSION'S APPROVAL OF THE CORRESPONDING CLASSIFIED
SALARY ORDI NANCE.
RECOMMENDATION
Adopt the Resolution.
BACKGROUND/HISTORY
The City's workforce has classified employees categorized into six (6) groups: Group I
represented by the American Federation of State, County and Municipal
Employees ("AFSCME") Local 1554; Group II represented by the Fraternal Order of Police
("FOP")William Nichols Lodge No. 8; Group III represented by the International Association
of Firefighters ("IAFF") Local 1510; Group IV represented by the Communications Workers of
America ("CWA") Local 3178; Group V represented by the Government Supervisors Association of
Florida ("GSAF"), OPEIU, Local 100; and Group VI comprising of all other classifications in the
classified service not covered by a bargaining unit(commonly referred to as"Others").
ANALYSIS
On October 1, 2021, the three-year collective bargaining agreement between the City of Miami
Beach and the GSAF covering the period of October 1, 2018 through September 30, 2021
expired. The City and GSAF began meeting October 25, 2021, to negotiate a successor
agreement. After five formal negotiation sessions, on August 2, 2022, the City and GSAF
reached a tentative three-year agreement("Agreement")covering the period of October 1,2021
through September 30, 2024.
Page 754 of 1166
The GSAF leadership held a ratification vote September 28-29, 2022, for the proposed
agreement, attached as Exhibit A, with the result of their vote to ratify the proposed agreement
provided herein.
The following is a summary of the newly negotiated terms between the parties:
General Provisions
6.3 Special Provisions-Suspensions up to one (1)day may only be grieved through Step III.
Cost-Of-Living Adjustments (COLA)
8.1 Wage Increases:
•2%retroactively effective with the first full pay period ending in April 2022
• 3% effective with the first full pay period ending in April 2023
• 3% effective with the first full pay period ending in April 2024
Other Economic Items
7.8 (a) Stand-By Pay- Employees will be paid both the Stand-by pay and Call-back pay for the
same day, only if the employee is called back more than once on the same day.
8.1 Wages - Parking Enforcement Operations Supervisor will be a newly created classification,
at one range higher than the Parking Operations Supervisor. Employees within the newly
created classification of Parking Enforcement Supervisor will receive a one-time five percent
(5%) salary increase to their base pay. The City will provide a job description for this position
within ninety(90)days of ratification.
8.1 Wages - Beach Patrol Operations Supervisor will be increased by one range. Beach Patrol
Operations Supervisor will receive a one-time five percent (5%) salary increase to their base
pay.
8.2 Holidays—There is an addition of a holiday for Juneteenth.
8.5 Bereavement - In case of death in the immediate family of an employee, three (3)
scheduled workdays off per death and two (2) additional sick days, if needed, shall be granted
to the employee at straight time. Any additional time needed after five (5)days will be vacation
with approval.
8.10 Shift Differential There is an increase from $.45 to $.75 for regular shifts beginning
between 3:00 pm and 11:00 pm and an increase from $.55 to $1.00 for regular shifts between
11:00 pm and 6:30 am.
8.16 Pay for Hazard Duty—There is an increase from$1.00 to $7.00. Beach Patrol Operations
Supervisors will receive$50.00, non-pensionable, hazardous duty pay biweekly.
8.17 Emergency Pay Employees who are ordered to work, while other are sent home in a
non-work status with pay, shall be paid at double their straight hourly wages for all hours worked
Page 755 of 1166
until the state of emergency has been lifted by the City,for up to three (3)days.
8.17 Emergency Pay - Designated Landfall Team Members shall be allowed up to eight (8)
hours to secure personal property prior to a weather-related emergency event.
8.20 EMT Certification Pay —There is an increase from 5% to 7.5% for Beach Patrol
Operations Supervisors.
8.24 Furlough/Covid Relief - In consideration that this bargaining group gave furlough days,
current employees covered under this contract will receive a cash bonus equivalent to their lost
base pay due to COVID furloughs, to be paid a week after the first pay period after ratification
of this Agreement. This pay will be non-pensionable.
8.25 Parking Enforcement Bonus — Any time the Parking Enforcement Division achieves
250,000 scans in a quarter (three months), Parking Enforcement Supervisors will receive a
three-hundred-dollar ($300) bonus. If the Parking Enforcement Division achieves 250,000
scans in four (4) consecutive quarters, the Parking Enforcement Supervisors will receive an
additional one-thousand-dollar ($1,000) bonus. All such bonuses are non-pensionable and not
included in base pay.
Miscellaneous Items
1.2 Unit Description—Addition of Parking Enforcement Operations Supervisor
8.15 Sick and Vacation Leave Accrual and Maximum Payment on Termination - The parties
agree that this article may be reopened during the second or third year of this Agreement.
8.18 License(s) Maintenance—Strike-thru entire section as it is no longer relevant.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
The terms and conditions of the proposed three-year labor agreement between the City and
GSAF assumes an estimated impact of $411,371 for FY 2021/22; $390,201 for FY 2022/23;
$594,938 for FY 2023/24. The total estimated three-year impact is$1,396,510.
Attached as Exhibit B is a written report presented by the City Manager or her designee as
required by Section 5.04 of the City Charter, detailing the current status and related fiscal
impacts of fringe benefits, including pension and health insurance plans. The fringe benefits
including pensions and insurance plans provided by or funded by the City to its officers and
employees have been considered and incorporated into the City budget inclusive in each
Department's line items.
CONCLUSION
The Administration finds the provisions of this contract as fair to the employees and fiscally
responsible for the City. Therefore, adoption of this resolution is recommended. Exhibit A to the
Page 756 of 1166
resolution is a copy of the proposed labor agreement.
The City Attorney's Office has reviewed and approved the contract language as to form and
legal sufficiency.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item.pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Organizational Innovation-Attract and retain top talent.
Legislative Tracking
Human Resources
ATTACHMENTS:
Description
❑ Exhibit A- GSAF Contract Redline
❑ Exhibit B - Summary of current benefits
❑ GSAF Ratification Vote Email
❑ Resolution
Page 757 of 1166
AGREEMENT
Between
CITY OF MIAMI BEACH,FLORIDA
and the
GOVERNMENT SUPERVISORS ASSOCIATION
OF FLORIDA,OPEIU,LOCAL 100
Period Covered
October 1,201821 to September 30,20214
GSAF-1
Page 758 of 1166
TABLE OF CONTENT
Page
AGREEMENT 5
PREAMBLE 6
ARTICLE 1: RECOGNITION
Section 1.1. Representation and Bargaining Unit 7
Section 1.2. Unit Description 7
Section 1.3 Job
Descriptions 8
ARTICLE 2: DEDUCTION OF ASSOCIATION DUES
Section 2.1. Check-off 9
Section 2.2. Indemnification 9
ARTICLE 3: MANAGEMENT RIGHTS 10
ARTICLE 4: PROHIBITION OF STRIKES 11
ARTICLE 5: ASSOCIATION REPRESENTATION AND EMPLOYEE RIGHTS
Section 5.1. Association Representation 12
Section 5.2. Employee Rights 13
ARTICLE 6: GRIEVANCE PROCEDURE
Section 6.1. Purpose 15
Section 6.2. Definitions 15
Section 6.3. Special Provisions 16
Section 6.4. Election of Remedies 18
Grievance Steps 18
Section 6.5. Arbitration 20
Section 6.6. Differences Concerning Personnel Rules 21
ARTICLE 7: HOURS OF WORK AND OVERTIME
Section 7.1. Normal Workday 22
Section 7.2. Normal Workweek 22
Section 7.3. Rest Periods 22
Section 7.4. Reporting Pay 22
Section 7.5. Overtime 23
Section 7.6. Distribution of Overtime Opportunity 23
Section 7.7. Call Back Pay 24
Section 7.8.a. Stand by Pay 24
Section 7.8.b. Stand by Pay—Phone Calls 24
Section 7.9. No Pyramiding 24
ARTICLE 8: WAGES AND FRINGE BENEFITS
Section 8.1. Wages 25
Section 8.2. Holidays 27
Section 8.3. Holiday Pay 27
Section 8.4. Meal Allowance 29
Section 8.5. Bereavement Leave 29
Section 8.6. Unpaid Leaves 29
GSAF-2
Page 759 of 1166
Section 8.7. Jury Duty 29
TABLE OF CONTENT-continued
WAGES&FRINGE BENEFITS,continued Page
Section 8.8. Uniforms 30
Section 8.9. Safety Shoes 31
Section 8.10. Shift Differential 32
Section 8.11. Rate of Pay When Working Out of Classification 32
Section 8.12. Paid Leave 32
Section 8.13. Perfect Attendance Bonus 33
Section 8.14. Part-Time Employees 33
Section 8.15. Sick and Vacation Leave Accrual and Maximum Payment on Termination 34
Section 8.16. Pay for Hazard Duty 34
Section 8.17. Essential Personnel(Hurricane Pay) 34
Section 8.18. License(s) Maintenance 35
Section 8.19. Tool Reimbursement Program 36
Section 8.20. EMT Certification Pay 36
Section 8.21. Skill Pay Supplement 36
Section 8.22 Professional Licenses and/or
Certification.. 38
Section 8.23 Accreditation Pay Supplement Contingent upon the Department Obtaining and
Maintaining Certain
Accreditations .38
ARTICLE 9: INSURANCE 39
ARTICLE 10: PENSION AND RETIREE HEALTH 40
ARTICLE 11: GENERAL PROVISIONS
Section 11.1. Discrimination 43
Section 11.2. Meetings Between Parties 43
Section 11.3. Work Rules and Incorporation of Personnel Rules 43
Section 11.4. Stress Reduction/Police Department's Public Safety Communications Unit 43
Section 11.5. Labor/Management Committee 44
Section 11.6. Safety 44
Section 11.7. Bulletin Boards 44
Section 11.8. Probationary Employees 45
Section 11.9. Notification in the Event of Transfer or Contracting Out 45
Section 11.10. Seniority 46
Section 11.11. Reduction in Force 46
Section 11.12. Military Leave 46
Section 11.13. Pay Advances 46
Section 11.14. Mentoring Program 47
Section 11.15. Political Activities of Employees 47
Section 11.16. Promotions 47
ARTICLE 12: DRUG&ALCOHOL TESTING 48
ARTICLE 13: TAKE HOME VEHICLE
POLICY 50
ARTICLE 14: MOUs AND SIDE
GSAF-3
Page 760 of 1166
AGREEMENTS 51
ARTICLE 15: TUITION
ASSISTANCE 52
ARTICLE 16: SAVINGS 53
ARTICLE 17: ENTIRE AGREEMENT 54
TABLE OF CONTENT-continued
ARTICLE 18: TERM OF AGREEMENT 55
EXECUTION 56
ELECTION OF REMEDY FORM 57
GSAF-4
Page 761 of 1166
AGREEMENT
THIS AGREEMENT, was made and entered into on this day of
20192022, by and between the CITY OF MIAMI BEACH, FLORIDA (herein called the "City"), and the
Government Supervisors Association of Florida,(GSAF)OPEIU,Local 100,(herein called the"Association").
GSAF-5
Page 762 of 1166
PREAMBLE
WHEREAS,the Association has been selected as the sole and exclusive bargaining representative by
a majority of the employees set forth in the Recognition Article,and has been recognized by the City pursuant
to the laws of Florida as the sole and exclusive bargaining representative for said employees;
WHEREAS, the City and the Association have voluntarily endorsed the practices and procedures of
collective bargaining as a fair and orderly way of conducting relations between the City and the employees
covered by this Agreement insofar as such practices and procedures are appropriate to the obligations of the
City to effectively operate the various departments of the City and are consonant with the paramount interests
of the public;
WHEREAS, it is the intention of the parties to this Agreement to provide, where not otherwise
mandated by Statute, for the salary schedule, fringe benefits and conditions of employment of the employees
covered by this Agreement,to provide for the continued and efficient operation of the various departments of
the City,and to provide an orderly and prompt method of handling and processing grievances;
NOW,THEREFORE,the parties agree with each other as follows:
GSAF-6
Page 763 of 1166
ARTICLE 1
RECOGNITION
Section 1.1. Representation and Bargaining Unit. The City recognizes the Association as the sole and
exclusive representative of all employees in the unit described below.
Section 1.2. Unit Description. All supervisory employees of the City of Miami Beach in the following
classifications,excluding all other employees employed by the City of Miami Beach.
911 Communications Records Custodian Police Records Supervisor
Air Conditioning Supervisor Public Safety Payroll Administrator
Backflow Coordinator Pumping Operations Supervisor
Beach Patrol Operations Supervisor Recreation Supervisor I
Carpenter Supervisor Sanitation Operations Supervisor
Central Services Supervisor Security Specialist
City Surveyor Senior Building Inspector
Chief Building Inspector Senior Electrical Inspector
Chief Roofing Inspector Senior Elevator Inspector
Communications Supervisor Senior Engineering Inspector
Crime Scene Supervisor Senior Mechanical Inspector
Electrician Supervisor Senior Plumbing Inspector
Electronics/Inspections Supervisor Service Supervisor
Fleet Operations Supervisor Sewer Field Operations Supervisor
Lead Mechanic Street Lighting Operations Supervisor
Maintenance Supervisor Street Operation Supervisor
Metered Service Supervisor Utility Billing Supervisor
Paint Supervisor Warehouse Supervisor
Park Operations Supervisor Water Field Operations Supervisor
Parking Enforcement Operations Supervisor Water Meter Supervisor
Parking Operations Supervisor 911 C,mm _ic t. __ _d:
Plumbing Supervisor
The City and the Association agree that in the event the City substantially changes a job classification which
remains within the bargaining unit or combines job classifications within the bargaining unit, the City will
bargain with the Association upon their request concerning the appropriate rate of pay for the new,changed,
or combined job.
Until agreement is reached or impasse is resolved,affected employees will be'paid as determined by the City.
Upon agreement as to the rate of pay for the new, changed, or combined job(s), the agreed rate shall be
retroactive to the date that the Association's request for negotiation was received by Management.
The City agrees to provide the Union with a periodically updated list of employees who have been hired,
promoted and/or transferred into positions that are within the bargaining unit.
GSAF-7
Page 764 of 1166
The parties agree that they will periodically review the job classifications and,if appropriate, file a joint petition
to Public Employees Relation Commission (PERC) to determine which positions should be included or
excluded from the bargaining unit.
Section 1.3. Job Descriptions. The parties agree that any changes in the job descriptions for all positions in
the bargaining unit are subject to impact bargaining and not the Personnel Board.Further,any provision in the
job descriptions for all bargaining unit positions requiring City employment shall be removed,effective-upon
GSAF-8
Page 765 of 1166
ARTICLE 2
DEDUCTION OF ASSOCIATION DUES
Section 2.1. Check-off. Upon receipt of a lawfully executed written authorization from an employee,which
is presented to the City by an official designated by the Association in writing,the City agrees during the term
of this Agreement to deduct the uniform biweekly Association dues of such employees from their pay and
remit such deductions to the Association Treasurer together with a list of the employees from 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 Association. The Association will notify the City thirty(30) days prior to any
change in its dues structure.
On January 1 of each year of this Agreement,the Association will remit to the City$100.00 as an administrative
fee for the collection of dues by the City.
Section 2.2. Indemnification. The Association 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 provision of this Article.
GSAF-9
Page 766 of 1166
ARTICLE 3
MANAGEMENT RIGHTS
It is recognized that,except as stated herein,it is the right of the City to determine unilaterally the purpose of
each of its constituent agencies, set standards of service to be offered to the public and exercise control and
discretion over its organization and operations. The Association recognizes the sole and exclusive rights,
powers,and authorities of the City further include,but are not limited to,the following: to direct and manage
employees of the City;to hire,promote,transfer, schedule,assign,and retain employees; to suspend,demote,
discharge or take other disciplinary action against employees for just cause; to relieve employees from duty
because of lack of work,funds or other legitimate reasons;to maintain the efficiency of its operations,including
the right to contract and subcontract existing and future work; to determine the duties to be included in job
classifications and the numbers,types,and grades of positions or employees assigned to an organizational unit,
department,or project; to assign overtime and to determine the amount of overtime required; to control and
regulate the use of all its equipment and property;to establish and require employees to observe all applicable
rules and regulations; to conduct performance evaluations; and, to determine internal security practices;
provided,however,that the exercise of any of the above rights shall not conflict with any of the express written
provisions of this Agreement. The Association, its officers, agents, and members agree that they will not
interfere with Management in the performance of its duties.
The City agrees that,prior to layoff of bargaining unit members,it will advise the Association.
If,in its sole discretion,the City determines that emergency conditions exist,including,but not limited to,riots,
civil disorders, hurricane conditions, or similar catastrophes, the provisions of this Agreement may be
suspended by the City Manager or his/her designee during the time of the declared emergency,provided that
wage rates and monetary fringe benefits shall not be suspended.
Should an emergency arise,the Association President shall be advised,as soon as possible,of the nature of the
emergency.
GSAF-10
Page 767 of 1166
ARTICLE 4
PROHIBITION OF STRIKES
No employee,Association officer or agent shall instigate,promote,sponsor or engage in any strike,slow down,
concerted stoppage of work or any other intentional interruption of the operation of the employer,regardless
of the reason for doing so. Any and all employees who violate any of the provisions of this Article may be
discharged or otherwise disciplined by the City. Such discharge or discipline shall not be the subject of any
grievance procedure or appeal procedure provided in the Agreement,except as to the question of fact.
In the event of a strike, slow down, concerted stoppage of work, or other intentional interruption of the
operations of the employer,regardless of reasons for doing so,the Association shall take direct and immediate
action to the fullest extent of its power to bring about a cessation of such activities.
The employees and the Association,individually and collectively, found to be in violation of this Article shall
be liable for any damages or costs which might be suffered by the City as a result of a violation of the provisions
of this Article,in accordance with law.
GSAF- 11
Page 768 of 1166
ARTICLE 5
ASSOCIATION REPRESENTATION AND EMPLOYEE RIGHTS
Section 5.1. Association Representation
1) The Association may select a chief unit representative and up to four (4) employees from within the
bargaining unit to act as Representatives. The Association will make a good faith effort that each
employee comes from a different division and/or work unit.The names of Association Representatives
shall be certified, in writing, to the City Manager and/or his or her designee for Labor Relations, as
well as to concerned Department Directors. With the prior approval of concerned supervisors, the
five (5) Representatives may use union time bank hours to attend grievance meetings, pre-discipline
investigation meetings,and labor/management committee meetings without loss of pay for time spent
during the Representative's regular work schedule. No more than two (2) Representatives may use
union time bank hours at the same time. The supervisor's approval will not be unreasonably withheld;
provided,however,Representatives will conduct their business so as to not disrupt the normal activities
of City Departments. Representatives are required to return to work and notify their supervisor
immediately following or as soon as practicable after any such meeting being attended.
2) Up to four(4)employee members of the Association's bargaining team may attend contract negotiation
sessions with the City during their assigned work hours without loss of pay. Each employee must
come from a different division and/or work unit within the employee's department.
3) The Association may designate two (2) employees to attend City Commission meetings, Personnel
Board Meetings,Pension Board Meetings or other City meetings when a matter directly relating to the
Collective Bargaining Agreement is on the Agenda of the City meeting during his/her regular work
hours without loss of pay, provided that neither Representative shall attend the same meeting as the
other Representative at the same time.Prior approval must be given by the Representative's supervisor.
The Representative is required to return to work and notify their supervisor immediately or as soon as
practicable after the particular matter relating to the Collective Bargaining Agreement has been
addressed.
Any absence provided for herein shall be subject to the prior written request by the Representative at
least twenty-four hours prior to such meeting and requires the approval of the employee's supervisor.
The supervisor's approval will not be unreasonably withheld;provided,however Representatives will
adhere to the aforementioned request notification procedures. Employees shall not be paid overtime
for attendance at any meeting discussed in this Article. Approval to attend emergency meetings may
be granted verbally and within the twenty-four(24)hour timeframe.
GSAF-12
Page 769 of 1166
4) A maximum of two (2) delegates of the Association's four(4) Representatives will be granted a leave
of absence with pay not to exceed five (5) business days per delegate (for a total of ten (10) business
days) per calendar year, for the purpose of attending State and International union conventions. The
two (2) delegates shall not be from the same division and/or work unit. Leaves of absence shall not
exceed ten (10) business days in total in any calendar year. Business days shall be defined as Monday
through Friday, excluding City recognized holidays and are not permitted to be taken in any two (2)
consecutive workweeks. All requests for leave shall be submitted to the Office of Labor Relations by
the Association's President. The Association's President shall provide supporting documentation for
the dates and locations of any such conventions a minimum of eight (8) weeks in advance for any
leaves of absence requested. The Office of Labor Relations shall forward all granted leaves of absences
to the appropriate department director and/or direct supervisor so that the department directors can
make appropriate arrangements.
5) The Association shall have the right to send one (1) of its four (4) designated Representatives
authorized with pay to attend and participate in City-wide employee orientations for new hires whose
classification is represented by the Association, provided that attendance is only permitted for the
portion of the Citywide employee orientation where Collective Bargaining Units are permitted to
address the attendees. The Representative is required to return to work immediately or as soon as
practicable after the particular matter relating to the Association has ended.
Section 5.2.Employee Rights.
1) An employee is entitled to request that a single Association Representative be permitted to attend all
formal interviews where the City's representative intends to gain information from the employee being
interviewed that may result in disciplinary action against the employee. The employee shall be
informed of the nature of the interview, the alleged conduct being investigated,and if requested by
the employee, given a reasonable period of time prior to the interview to contact an available
Association Representative,provided that the interview is not reasonably delayed.
2) No disciplinary action which results in loss of pay shall be taken against an employee unless he/she
is notified of the action and the reason(s) for such recommended action given in writing prior to the
action. Notice in writing shall be given to the employee as soon as practicable but no more than
seventy-five(75)days after the date when the City is made aware of the alleged incident giving rise to
the action,along with a copy provided to the Association.A thirty(30)day extension will be granted
by the union at the request of the City due to extenuating circumstances.
GSAF-13
Page 770 of 1166
3) Management will adhere to progressive discipline where appropriate.
4) Written "verbal warnings" shall not be kept in an employee's personnel file maintained in Human
Resources unless it is a document supporting formal disciplinary action(i.e.suspension/termination).
If an employee receives two(2) or more written verbal warnings for a similar action and/or behavior
during the time period being assessed for the employee's Annual Performance Evaluation,the written
verbal warning shall be used in that particular employee's Performance Evaluation.
5) No employee shall be retaliated against or threatened with retaliation by reason of the employee to
exercise their rights set forth in this Agreement.
6) The City and the Association agree not to interfere with the rights of an employee to become or not
become a member of the Association.
7) Upon reasonable request, an employee shall have the right in the presence of the appropriate
representative of the City,to review and copy all or a portion of the employee's official records which
are a part of the employee's personnel file maintained by Human Resources or the employee's
personnel file maintained by the employee's Department. The City may charge a reasonable fee for
copying in accordance with Chapter 119, Florida Statutes, but under no circumstances will the City
charge the employee for labor fees associated with the request.
GSAF-14
Page 771 of 1166
ARTICLE 6
GRIEVANCE PROCEDURE
Section 6.1. Purpose. It is recognized that complaints and grievances may arise between the bargaining agent
and the employer or between the employer and any one or more employees concerning the application or
interpretation of any provision of this Agreement. The employer and the bargaining agent desire that these
grievances and complaints be settled in an orderly,prompt and equitable manner so that the efficiency of the
City of Miami Beach may be maintained and the morale of employees not be impaired. Every effort will be
made by the employer, employees, and bargaining agent to settle the grievances at the lowest level of
supervision. The initiation or presentation of a grievance by an employee will not adversely affect his/her
standing with the employer. Further, it is agreed that the Association may process grievances, advise, or
participate in meetings or interviews on behalf of its members,subject to the provisions of this Agreement or
as otherwise provided for under State and/or Federal law.
No reprisals of any kind will be made by agents of the City against the grievant(s) or the Association's
Representatives by reason of such participation in the processing of their grievance. Similarly,the Association,
its officers or agents,shall not impede,malign,or delay the City or Management's representative in their duties
during the investigation or processing of said grievance.
The parties agree that the grievance/arbitration process set forth in this Agreement shall be the sole and
exclusive method of resolving all grievances by bargaining unit employees. Employees covered by this
Agreement shall no longer be able to file an appeal or grievance via the City's Personnel Board procedure for
any issue/matter, and the parties agree that the Personnel Board shall not have any jurisdiction to hear any
grievance or appeal filed by the bargaining unit or any bargaining unit employee regarding discipline or any
other issue or matter.
If,during the term of this Agreement,the City creates an alternative dispute resolution process,then the parties
agree to meet and discuss whether that alternative dispute resolution process may be used by the bargaining
agent and/or bargaining unit employees via a binding Election of Remedies in lieu of the contractual grievance
process.
Section 6.2. Definitions.
a) Grievance-a grievance is a dispute involving the interpretation or application of the express
terms of any provision of this Agreement, excluding matters not covered by this Agreement
or where Personnel Board rules and regulations are involved. Disciplinary actions,including
discharges,may be grieved under this Article,as provided herein.Grievances regarding certain
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non-disciplinary matters,such as disagreements as to the meaning or application of or changes
to Personnel Rules or other work rules or policies,may be filed by the bargaining agent via the
contractual grievance process, provided however, that such grievances shall be eligible for
processing only to Step III of this grievance process, and that the City Manager's (or
designee's)decision at Step III shall be final and binding and shall not be subject to arbitration
or any other further appeal. Grievances regarding questions of other non-
disciplinary/contract interpretation matters shall be subject to the requirements of this
grievance and arbitrator procedure.
b) Aggrieved Employee(s) - the employee(s) filing the grievance or causing the grievance to be
filed.
c) Immediate Supervisor - the individual having immediate supervisory authority over the
aggrieved employee(s).
d) Division Head-the head of the division in which the aggrieved employee(s)works.
e) Department Head-the head of the department in which the aggrieved employee(s)works.
f) Days-days as referred to as time limits herein shall mean working days (i.e.,Monday through
Friday,exclusive of scheduled holidays).
Section 6.3. Special Provisions.
a) The time limits set forth herein may only be extended and/or modified by written agreement.
The City Manager or designee may agree to a written extension of the grievance time limits,
on behalf of the City,at any step in the grievance process.
b) If the employer violates any time limits,the bargaining agent may advance to the next step
without waiting for the employer's response. If the Association or the grievant(s)fail to initiate
or move the grievance through the grievance procedure,in accordance with the time limits set
forth herein,it shall be deemed untimely and considered withdrawn.
c) The parties acknowledge that,as a principle of interpretation,employees are obligated to work
as directed while grievances are pending;except where the safety of a working condition or
health of the employee(s)is the basis of the grievance.
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d) The aggrieved employee shall be allowed to be present at the various formal steps of the
grievance procedure,including arbitration. To the extent said employee is on his/her regular
work schedule, he/she may attend without loss of pay for those actual hours during their
regular work schedule.
e) The Association shall designate in writing to the City the name of one individual who shall be
designated as the Chief Steward,whose function shall be to assist the bargaining unit members
in the processing of complaints and grievances under this procedure. In order to investigate,
discuss and process grievances,the Chief Steward must request and receive written permission
twenty-four (24) hours in advance but it may be less than twenty-four (24) hours in
emergencies.Pursuant to Section 5.1 (1)herein,the Chief Grievance Representative is required
to return to work and notify,their supervisor immediately following or as soon as practicable
after any such meeting being attended for grievance matters.
f) , An employee may request Association representation in accordance with the provisions of this
Agreement at each and every step of the grievance procedure set forth in this Agreement.
g) The bargaining agent,in accordance with its own lawful internal rules,shall have the sole and
exclusive right to determine whether any grievance warrants processing through this
arbitration procedure. In the event the bargaining agent determines at any step of the
grievance procedure that a grievance does not warrant processing, a written notification of
that determination shall be sent to the City Manager's designee for Labor Relations, with a
copy to the employee(s) involved who shall then be free to process it themselves or through
legal counsel up through Step III only(except in cases of certain disciplinary actions as noted
herein).
h) If the bargaining agent has declined to process or further process any grievance presented to
it, and if any employee, or group of employees,desires to process it or further process their
own grievance through this procedure (subject to the limitations set forth herein), the
bargaining agent shall be sent copies of all written communications sent by the employer or
the employee(s) involved. Further, nothing herein contained shall be construed to prevent
any public employees from representing,at any time,their own grievance in person or by legal
counsel to the employer, and having such grievance(s) adjusted without the intervention of
the bargaining agent,provided however,that the adjustment is not inconsistent with the terms
of the collective bargaining agreement then in effect;and provided further that the bargaining
agent has been given notice and a reasonable opportunity to be present at any meeting called
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for the resolution of such grievances.
i) The bargaining agent shall not be responsible for any costs (including arbitration costs)
attendant to the resolution of any grievance(s) it has not processed.
j) The parties acknowledge that multiple grievances may be combined at any stage of the
grievance procedure where the class of aggrieved employees is clearly defined and the subject-
matter of the grievances is the same or similar.
k) At Step I, all formal grievances shall be presented on the Grievance Form provided by the
City. The grievance shall include the date of the alleged violation, the specific article and
section grieved;a brief description of the grievance,and the remedy requested. The Election
of Remedy Form shall be attached to the Step I grievance.
1) Verbal warnings may be grieved only through Step I of this procedure. Written warnings may
only be grieved through Step II of this procedure.
m) Effective upon ratification of this Agreement. suspensions up to one (1) day may only be
grieved through Step III of this procedure.
Section 6.4. Election of Remedies. It is agreed by the Association that employees covered by this Agreement
shall make an exclusive election of remedy prior to filing a Step I grievance or initiating action for redress in
any other forum(to the extent that any other such process is available).Such choice of remedy will be made in
writing on the Election of Remedy Form to be supplied by the City. The Election of Remedy Form will indicate
whether the aggrieved party or parties wish to utilize the grievance procedure contained in the Agreement or
initiate action for redress before a governmental board, agency, or court proceeding (to the extent that such
other process is available). Selection of redress other than through the grievance procedure contained herein
shall preclude the aggrieved party or parties from utilizing said grievance procedure for adjustment of said
grievance. If applicable,the Election of Remedy Form shall be attached to the Step I grievance.
GRIEVANCE STEPS:
STEP I
a) The grievance shall be filed within fifteen (15) days of the alleged violation,misinterpretation
or misapplication of the terms and conditions of employment set forth in this Agreement.
b) The grievance shall be filed with the division head in writing, on the Grievance Form as
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provided by the City, and as agreed herein, and shall state the specific article, section and
language alleged to have been violated. If applicable, the Election of Remedy Form shall be
attached to the grievance.
c) The division head or his/her designee shall note the date of receipt of the grievance on the
Grievance Form, and shall schedule a meeting with the aggrieved employee to take place
within ten(10) days of receipt of the grievance.
d) Within ten (10) days of the meeting, the division head shall render a decision and shall
immediately communicate that decision in writing to the aggrieved employee, the bargaining
agent,the department head and the City Manager's designee for Labor Relations.
e) The aggrieved employee(s)and/or the bargaining agent may appeal the decision of the division
head within ten(10) days of receipt of the decision.
f) The appeal shall be submitted in writing on the Grievance Form to the department head.
Failure to appeal the decision of the division head within ten (10) days shall constitute
acceptance by the aggrieved employee(s) and the bargaining agent of the decision as being a
final resolution of the issues raised.
STEP II
a) If the aggrieved employee(s) appeals the decision, the department head shall schedule a
meeting to take place not more than ten(10) days after receipt of the appeal. The bargaining
agent shall be advised in writing as to the date of the proposed meeting, and shall have the
right to send one(1)observer to the proceedings if the bargaining agent is not involved in the
actual representation of the aggrieved employee(s).
b) Within ten (10) days of the meeting, the department head shall render a decision and shall
immediately communicate that decision in writing on the Grievance Form to the aggrieved
employee(s),and to the bargaining agent and the City Manager's designee for Labor Relations.
c) The aggrieved employee(s) may appeal the decision of the department head within ten (10)
days of receipt of the decision. The appeal shall be communicated in writing to the City
Manager or his/her designee for Labor Relations on the Grievance Form and shall include
copies of all pertinent documentation. Failure to appeal the decision of the department head
within ten (10) days shall constitute acceptance by the aggrieved employee(s) and the
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bargaining agent of the decision as being a final resolution of the issues raised.
STEP III
a) If the aggrieved employee and/or a Representative of the bargaining unit appeals the decision,
the City Manager, or his/her designee for Labor Relations (if a conflict exists,Assistant City
Manager may be the designee),shall schedule a meeting with the aggrieved employee to take
place within fifteen(15) days after receipt of the appeal.
b) Within fifteen (15) days of the meeting, the City Manager or his/her designee for Labor
Relations shall render a decision and shall immediately communicate that decision in writing
to the aggrieved employee and the bargaining agent.
c) Failure to appeal the decision rendered in Step III within fifteen(15)days(for matters that are
subject to the arbitration procedure) by notice of intent to submit to arbitration shall deem
the decision at Step III to be final and no further appeal will be pursued.
Section 6.5. Arbitration. If the employer and the aggrieved employee(s) and/or the bargaining agent fail to
resolve the grievance, the grievance may be submitted to final and binding arbitration by an impartial neutral
mutually selected by the parties,provided that the grievance involves a matter that is subject to the arbitration
process. However, the parties agree that the bargaining agent maintains the exclusive right to determine
whether any grievance concerning a non-disciplinary matter(that is outside the scope of Section 6.2(a))should
be taken to arbitration under this procedure. In cases involving the issuance of certain disciplinary actions (i.e.,
only suspension without pay, disciplinary demotion, or termination), the parties agree that an individual
employee who is not represented by the bargaining agent may elect to proceed to arbitration under this
procedure,provided that the employee shall be responsible for all costs and fees related to presenting his/her
case.
a) Notice of intent to submit the grievance to arbitration shall be communicated by the office of
the Association President in writing to the office of the City Manager's designee for Labor
Relations within fifteen(15)days of the receipt of the decision at Step III. Any request to go
to arbitration on behalf of the employer is to go to the Association President.
b) Within fourteen (14) days after written notice of submission to arbitration, the parties will
agree upon a mutually acceptable arbitrator and obtain a commitment from said arbitrator to
serve.
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If the parties are unable to agree upon an arbitrator or to obtain such a commitment within
the specified time,a request for a list of five (5) arbitrators shall be submitted to the Federal
Mediation and Conciliation Service. Both the City and the Association shall have the right to
strike names from the panel. The striking of names from the list of proposed arbitrators shall
be accomplished by having the parties alternately cross out names on the list.
The arbitrator shall be notified of his/her selection within five (5) days by a joint letter from
the City and the Association requesting that he/she set a time and place for a meeting,subject
to the availability of the City and the Association.
c) The arbitrator shall have no right to amend, modify, ignore, add to, or subtract from the
provisions of this Agreement. He/She shall consider and decide only the specific issue
submitted to him/her in writing by the City and the Association,and shall have no authority
to make a decision on any other issue not submitted to him/her. 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 said 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. Consistent with this Section, the decision of the arbitrator
shall be final and binding.
All arbitration costs,including the cost of stenographic reporting of the arbitration hearing,if
agreed to by the parties, shall be divided equally between the employer and the bargaining
agent(or the employee in cases where the bargaining agent is not representing the employee).
Each party will pay the cost of presenting its own case,including the cost of attorney fees and
witnesses.
Section 6.6. Differences Concerning Personnel Rules. A difference of opinion with respect to the meaning
or application of the Personnel Rules which directly affects wages, hours, or working conditions may be
submitted through Step III of the grievance process as set forth in Section 6.2 (a). The Personnel Rules are
incorporated herein,unless otherwise specifically provided for in this agreement.
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ARTICLE 7
HOURS OF WORK AND OVERTIME
Section 7.1. Normal Workday. The normal workday shall consist of eight(8),ten (10) or twelve (12) hours
of work, exclusive of the lunch period, in a twenty-four (24) hour period, unless some other workdays are
specifically authorized by the City Manager.Employees shall be assigned twelve(12)hour workdays only during
emergency situations and/or special events,as declared by the City Manager or his/her designee.
Section 7.2. Normal Workweek. The normal workweek shall consist of forty(40)hours per week,and such
additional time as may,from time to time,be required in the judgment of the City to serve the citizens of the
City. The workweek shall begin with the employee's first regular shift each week.
No schedule changes involving shifts or days off shall be made without at least ten(10)workdays'notice to the
employees involved, provided that in an emergency, or other such reason justifying a temporary schedule
change only, such notice as is practicable shall be given. The implementation of this provision shall not be
arbitrary and capricious.
Section 7.3. Rest Periods. Employees may take a rest period of fifteen (15) minutes for each half-day of
work. Daily rest periods shall be scheduled by the supervisors. Whenever practicable, the rest period will be
scheduled approximately mid-point in the first one-half of the employee's regular work shift and in the second
half of the employee's regular work shift. Employees who extend their rest period are subject to disciplinary
action. However,upon the request of an employee and with the approval of the employee's supervisor, the
two (2) fifteen (15) minute rest periods, may be combined with the employee's thirty(30) minute meal break,
providing for a sixty(60) minute meal break. Should such occur,no additional rest periods will be provided to
the employee during their regularly scheduled shift.
For each additional four(4)hours worked beyond the regular shift,an additional fifteen(15)minute rest period
shall be provided.
Employees in PSCU shall enjoy a fifty(50) minute meal break and a ten (10) minute rest period which,upon
request of an employee and with the approval of the supervisor,will be combined into a sixty(60) minute meal
break.The combined sixty(60) minute meal break is provided in lieu of,not in addition to,the two(2) fifteen
(15)minute rest periods.
Section 7.4. Reporting Pay. A full-time employee who reports to work as scheduled will be guaranteed eight
(8),ten (10)or twelve(12) hours of work or eight(8),ten(10) or twelve(12)hours of pay;provided,however,
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that supervisors may assign employees to perform any reasonable work.
Section 7.5. Overtime. It is understood that the City may require necessary and reasonable overtime for unit
members. Where employees are eligible for overtime pay under the Fair Labor Standards Act (FLSA),for all
hours worked in excess of forty hours during an employee's workweek,the City will pay the employee one and
one-half(1-1/2) times the employee's straight time hourly rate of pay.
Annual leave, Holiday leave, and tither paid leave shall be considered as time worktd for the purpo.A. of
computing overtime;but sick leave shall not.
Only actual hours worked shall be considered for the purposes of computing overtime. Paid leave,including
but not limited to annual,sick, family and medical(FMLA),birthday, floater,bereavement,compensatory and
administrative leave shall not be considered as time worked for the purpose of computing overtime.,Holiday
leave shall count as time worked for the purpose of computing overtime.
For all hours worked on an:employee's seventh consecutive workday within his/her workweek, the City shall
pay two (2) times the employee's straight time hourly rate of pay,provided the employee has worked his/her
full shift on each of the six (6) preceding workdays; provided that paid leave will not be considered as time
worked for the purpose of this Section,with the exception of the Public Safety Communication Unit(PSCU).
This provision shall not be applicable if a substantial number of employees are scheduled to work seven (7)
consecutive workdays because of an emergency such as a hurricane.
Employees shall not earn compensatory leave in lieu of the payment of overtime.
Section 7.6. Distribution of Overtime Opportunity. Opportunity to work overtime shall be distributed as
equally as practicable among employees in the same job classification in the same work section and area starting
with the most senior employee, provided the employees are qualified to perform the specific overtime work
required.
Seniority for the purpose of this subsection shall mean length of continuous service with the City.
Overtime opportunities shall be accumulated on adequate records (which shall be available to the employees)
and offered overtime not worked shall be considered as worked in maintaining these records.
If any qualified employee establishes that he/she has not received his/her fair share of overtime opportunities,
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such employee shall have first preference to future weekly overtime work until reasonable balance is recreated.
Employees who have been credited for overtime hours not worked shall not be discriminated against with
respect to future overtime opportunities.
Section 7.7. Call Back Pay. An employee who is scheduled or called in to work outside of his/her normal
hours of work will be guaranteed four(4) hours of work or(4) four hours of pay. It is understood that call-in
pay shall not overlap with an employee's regularly scheduled shift.
Section 7.8. (a). Stand By Pay. Employees expressly assigned to standby status shall receive two (2) hours
of straight time as a Standby bonus for each day of that assignment. Employees will not be paid both the
Standby bonus and Call Back pay for the same day(i.e.,if called in while on Standby status the employee will
be paid only the Call Back pay).
Effective upon ratification of this Agreement.c mplovees will be paid both the Standby pay and Call Back pay
for the same day,only if the employee is called back more than once on the same day.The Standby bonus is
not considered hours worked for determining overtime. Standby shall be assigned in the City's sole discretion.
Employees assigned to standby must respond to any call within ten(10)minutes and must be available to report
to the work-site within thirty forty-five(30/15)minutes(or some other reasonable period of time as determined
based upon the circumstances). Failure to meet these requirements (as may be modified in the City's sole
discretion),or other requirements related to standby assignments that may be determined necessary by the City,
shall result in forfeiture of the Standby bonus,and possible disciplinary action,based on the circumstances of
each case.
Section 7.8. (b). Stand By Phone Calls. Employees in Public Works — Operations, the Property
Management Division and the Fleet Management Division not expressly assigned to standby status who are
contacted via telephone outside of their normal hours of work will receive two (2) hours of straight time as a
Standby bonus;provided,however, the employee will not be paid both Standby bonus and Call Back pay for
the same day (i.e.,if called in as a result of a telephone conversation, the employee will be paid only the Call
Back pay). Any such telephone conversation must be initiated only by the Public Works Director, Property
Management Director or the Fleet Management Director or their designee.
Section 7.9 No Pyramiding. Premium pay and overtime shall not be paid for the same hours. The employee
shall receive the greater of the two alternative premiums.
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ARTICLE 8
WAGES& FRINGE BENEFITS
Section 8.1. Wages.
The City of Miami Beach classification and pay system will be utilized under this contract. This includes salary
range changes,job audits,and market classification studies. This does not include cost-of-living increases. No
change shall take place until the Union President or his/her designee concurs.
No bargaining unit member who left the City's employ prior to the date of ratification of this Agreement by
both parties will be eligible for any wages or benefits under this Agreement.
No decision made within the context of this provision shall result in a lower grade, the removal of a job
classification from the bargaining unit, nor shall said decision result in an exemption from FLSA overtime
requirements.
a) Effective the first(1st) full pay period ending in October 2018Apri12022,there shall be an across-the-
board wage increase of two one percent(42%) for all GSAF bargaining unit positions.In addition,the
minimums and maximums of each job classification range will be increased by two one percent(24-%),
accordingly.
b) Effective the first(1st) full pay period ending in October 201 9April 2023,there shall be an across-the-
board wage increase of three one percent (43%) for all GSAF bargaining unit positions. In addition,
the minimums and maximums of each job classification range will be increased by three percent
(34-%),accordingly.
c) Effective the first(1st) full pay period ending in Octo�? 0Apri12024,there shall be an across-the-
board wage increase of three one percent(34%) for all GSAF bargaining unit positions. In addition,
the minimums and maximums of each job classification range will be increased by three tee-percent
(43%),accordingly. In the event the City's General Fund Revenues increase by eleven percent (11(!'li
in June of 2020, there shall be an across the board wage increa e of two percent(2')).
In the event the City negotiates higher across-the-board wage increases with the Communications Workers of
America, Local 3178 (CWA) or the American Federation of State, County and Municipal Employees, Local
1554 (AFSCME), for their 2021-2024 2015 2018 and 2016 2019 labor agreements, respectively, the same
increases will be applied to GSAF bargaining unit positions.
Effective the first Full pay period upon ratification,Parking I inforcement Operations Supervisor will be a newly
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created classification,at one range higher than the Parking Operations Supervisor. I?mployees within the newly
created classification of Parking Enforcement Supervisor will receive a one-time five percent (5%) salary
increase to their base pay. The City will provide a nob description for this position within ninety (90) days of
ratification.
I:,ffective the first full pay period upon ratification. Beach Patrol Operations Supervisor will be increased by
one range.Beach Patrol Operations Supervisor will receive a one-time five percent(5%) salary increase to their
base pay.
'There will be no immediate change in pay for incumbents.There will only be a change in their salary ranges.
Performance Evaluations
Within sixty (60) days of an employee's merit review date, the employee's Department shall complete a
Performance Evaluation and forward it to Human Resources. The Evaluation shall be completed in accordance
with the policy established by Human Resources. Failure to complete a Performance Evaluation for employees
who are not at the maximum of the range,within sixty(60) days will result in an automatic two percent(2%)
salary increase.
The City will provide a thorough training guide with detailed instructions on performing evaluations to all
employees before they conduct subordinate performance evaluations.
The City will provide to the union in writing clear expectations of score definitions, for performance factors
with scoring scale chart in comparison to each weight.
Employees will have the right to appeal any score below two (2) or thirty-nine-point nine (39.9) (needs
improvement) performance evaluation score before management, regardless whether if they receive annual
merit increase due to not receiving their evaluations within the 60 days of anniversary date provision, up to
Step II of the grievance procedure.
Performance Improvement Plans will be implemented after an evaluation that does not meet expectations.
Performance Improvement Plans may also be implemented at the discretion of the Department Director or
direct supervisor upon occasion of any unsatisfactory performance. If the employee chooses not to accept the
Performance Improvement Plan,upon the unsatisfactory performance,the employee must decline in writing.
Performance Improvement Plans are designed to coach the employee into satisfactory performance which
meets expectations.
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The employee's performance will be reevaluated after 90 days.If acceptable performance is not achieved after
90 days,the employee will be given a second 90 day Performance Improvement Plan.Managers will advise the
employee intermittently through the Performance Improvement period regarding their progress and suggested
improvements. If satisfactory improvement is not achieved after two consecutive 90 day Performance
Improvement plans,the employee may be disciplined up to and including termination.If an employee is eligible
for a merit increase,merit increase will be effective the beginning of the pay period immediately following the
new satisfactory performance rating.
All GSAF bargaining unit employees who receive a rating of three(3)or above on their annual evaluation,shall
be eligible for a merit increase on their anniversary date,provided that the employee's salary shall not exceed
the maximum of the salary range for his/her position. For FY 2018/19, FY 2019/20, and FY 2020/21, any
employee whose salary exceeds the maximum of the salary range for his/her position shall be eligible to receive
a one-time,non-pensionable payment,up to 3%.Ratings shall be 1 through 5 as follows:1 equals unsatisfactory,
2 equals needs improvement, 3 equal meets expectations, 4 equals exceeds expectations and 5 equals
significantly exceeds expectations.An employee who receives a score between 3.00 and 3.49 shall be eligible
for a one percent(1%) merit increase,an employee who receives a score between 3.5 and 4.24 shall be eligible
for a two percent(2%)merit increase,and an employee who receives a score between 4.25 and 5 shall be eligible
for a three percent(3%)merit increase.Performance Evaluation increases may total no more than three percent
(3%).
Section 8.2. Holidays. The following fourteen fifteen (4415) days shall be considered holidays: New Year's
Day,President's Day,Memorial Day,Juneteenth,Independence Day,Labor Day,Veterans Day,Thanksgiving
Day, the day following Thanksgiving, Christmas Day, Dr. Martin Luther King's Birthday, three (3) floating
holidays,and the Employee's Birthday. Employees shall become eligible for floating holidays and the Birthday
Holiday upon completing six (6) months continuous service with the City.
Section 8.3. Holiday Pay.
Effective the first full pay period of June 2019,Holiday,Birthdays,and Bereavement shall be paid depending
on the number of hours in an employee's regular shift,eight(8) or ten(10)hours,at his/her straight time hourly
rate.
Floating Holidays shall be paid at eight(8)hours per floater.
a) Whenever any of the holidays listed in Section 8.2. Holidays, of this Agreement fall on a
Sunday(or Monday for employees whose regular day off is Monday), the following workday
shall be observed as the official holiday;whenever any of the above listed holidays occur on a
Saturday (or Friday for employees whose regular day off is Friday), the preceding workday
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shall be observed as the official holiday. In such cases, the day on which the holiday is
observed shall be considered to be the paid holiday and not the regular day.
b) Effective upon ratification of this agreement,Eemployees not assigned to a Monday—Friday
shift will be paid Holiday Pay on the actual date of the holiday and not the date the City
observes the holiday.
City celebrated holidays that fall on Tuesday,Wednesday,or Thursday,and said holiday is on
the employee's regular day off,then the employee shall receive a day's pay for said holiday,if
they meet all of the qualifications contained herein.
c) To be eligible for a paid holiday,an employee must report for scheduled work on the holiday
if applicable, on the last scheduled day preceding the holiday and the first scheduled day -
following the holiday unless such absences are excused. To qualify for Holiday Pay,excused
absences for the purpose of this section are defined as:
1) an employee calls in sick and is eligible to receive paid sick leave,and
who is granted sick leave usage;
2) approved annual leave;
3) floating holiday;
4) birthday;
5) bereavement.
d) Should an employee not work on a holiday that falls on his/her regularly scheduled day off,
he/she shall be paid eight(8)or ten(10)hours of holiday pay,depending on the number hours
in his/her regular shift,at his/her straight time hourly rate.
e) Should an employee work on a holiday that falls on his/her regularly scheduled work day,
he/she shall be paid for the number of hours actually worked at his/her regular or overtime
rate,whichever is applicable,plus eight(8)or ten (10)hours of holiday pay,depending on the
number of hours in the employee's regular shift,at the regular rate.
f) Should an employee work on a holiday that falls on his/her regularly scheduled day off,he/she
shall be paid for the number of hours actually worked at his/her regular or overtime rate,
whichever is applicable, plus eight (8) or ten (10) hours of holiday pay, depending on the
number of hours in the employee's regular shift, at the regular rate. Those employees who
work within the Public Safety Communications Department (PSCD) receive eight (8) or ten
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(10)hours of holiday pay for the holiday and shall receive pay at double time and one-half rate .
for the hours worked.
g) Failure to report for work on,before,after,or during the holiday after having been scheduled
to work on such holiday shall be just cause for denial of holiday pay.
h) A holiday which is observed during an employee's regularly scheduled workweek shall be
considered as time worked for the purpose of computing overtime for non-job basis
employees.
Only actual hours worked shall be considered for the purposes of computing overtime. Paid leave,including
but not limited to annual,sick, family and medical(FMLA),birthday, floater,bereavement and administrative
leave shall not be considered as time worked for the purpose of computing overtime.
Section 8.4. Meal Allowance. An employee who works three (3) or more hours of overtime that is
contiguous with his/her shift shall be paid fifteen dollars ($15.00) of a meal allowance,.effective the first full
In the event of emergency conditions or if employees are supplied with a-meal while working the overtime
hours,the meal allowance,as provided under this Section,shall cease.
Section 8.5. Bereavement Leave.
l.ffectivc upon ratification of this Agreement,in case of death in the immediate family of an employee,time
off with straight time pay will be allowed of(3) scheduled workdays off per death; 2 days of additional sick if
needed. Any additional time needed after five (5) days will be vacation with approval. The immediate family
shall be defined as father. mother, husband, wife. sister, brother. son. daughter, grandchild, grandfather,
grandmother.mother-in-law,father-in-law,stepfather,stepmother.Stepson.stepdaughter.or domestic partner
as defined in the Domestic Partner Ordinance. Additional time off may be granted by the Department Head,
in writing.chargeable to the employee's accrued sick or vacation leave. In such circumstances such additional
sick leave shall not count against an employee for purposes of performance evaluations.
In case of death in the immediate family of an employee, time off with straight time pay will be allowed for up
. ,
if approved by the Department Head. The three (3) additional daya off may be charged to the employee's
accrued sick or vacation time,and shall not be-counted against the emplovice for the purposes of perfo manes
l
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The immediate family shall be defined as father, mother, husband, wife, 3istcr, brother, son, daughter,
grandchild, grandfather, granclinethcr, mother in law, father in law, stepfather, stepmother, stepson- or
stepdaughter,or domestic partner(as defined in the Domestic Partner Leave Ordinance).
In the case of a death of a member of the employee's family not herein specified but who lived with the
employee's family at the time of his/her death, consideration will be given to the employee's request to use
accrued annual leave or floating holidays to attend the funeral.
Upon request,an employee may be required to provide verification of his/her relationship to the deceased and
of the death.
Section 8.6. Unpaid Leaves. Leave of absence without pay may be granted in accordance with the City of
Miami Beach Personnel Rules.
Section 8.7.Jury Duty. The City of Miami Beach shall permit employees either to keep payments received
from Courts of competent jurisdiction for being on jury duty, or in the alternative, their standard rate of pay,
whichever is higher. For each day an employee is called to jury duty, he/she shall be excused from work for
such time as is necessary to complete jury duty service.Employees are expected to return to work upon being
released from jury duty during the work shift. However,if three (3) hours or less are left in the employee's
work shift at the time that the employee is released from jury duty, the employee shall immediately contact
his/her immediate supervisor for instructions as to whether he/she should return to work for the remainder
of that shift.
Section 8.8.Uniforms. For the term of this Agreement,the City will provide uniforms(i.e.,a full uniform set
shall include a long or short sleeve shirt and long or short pants)to bargaining unit employees who are required
to wear them. Employees will be issued six (6) sets of new uniforms (five (5) sets if the employee works a 4
day work week) in April of each year. New employees will be issued six(6) sets (or five(5) sets depending on
the employees schedule) of uniforms upon entry into the bargaining unit. If an employee has been employed
in the bargaining unit position for six(6) months or less when additional new uniforms are issued in April,then
the additional new uniforms will not be issued to the employee at that time,but the employee will be issued a
complete set of new uniforms in the following April. The composition of the uniform shall be recommended
by the Uniform Committee, comprised of two (2) GSAF representatives and two (2) Management
representatives. The final selection of uniforms will be made by the Department Director after consultation
with the Uniform Committee. The uniforms issued shall be chosen based on considerations of employee safety
and comfort,as well as cost. Issued uniform items (i.e.,a shirt or pants)will be replaced on a timely basis by
the Department upon the employee's presentation of worn or damaged uniform items provided, however,
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employees shall receive no more than two (2) additional replacement uniforms items (up to 2 shirts and/or 2
pants) each year. Each Department shall provide necessary safety/foul weather gear,as appropriate.
The Beach Patrol Operations Supervisor shall be provided with one (1) sweat suit per year.
The Senior Building Inspector uniform shall wear a Shirt or T-Shirt and Jacket embedded with a Building
Inspector Badge,logo of the City of Miami Beach,employee's full name,job position,and Department's name.
All GSAF Employees will receive one (1) uniform jacket during year three(3)of the term of this contract.
The vendors will deliver the uniforms in the month of April of each year for the term of this Agreement.
Uniform Allowance:The uniformed personnel's monthly cleaning allowance shall be sixty($60.00) dollars
per month for a total of$720.00 per year to be paid in twenty-six (26)biweekly payments.
Sun Glasses and Hats:GSAF employees listed below and covered under this agreement who perform twenty
percent(20%)or more of their duties outside of a building or structure and are exposed to direct sunlight,shall
be issued a boonie hat or baseball cap with the City of Miami Beach logo embroidered in the front and center
of such hat.It shall match the color scheme of their issued uniform.
The City of Miami Beach agrees to reimburse all Supervisory employees covered under this agreement for the
purchase and or repair of sunglasses up to a maximum allowable reimbursement of$125.00 per employee per
year.
To qualify to be reimbursed, the employee must request in writing, and attach proof such as a store receipt
reflecting such purchase and or repair.
Air Conditioning Supervisor Plumbing Operations Supervisor
Backflow Coordinator Pumping Operations Supervisor
Beach Patrol Operations Supervisor Recreational Supervisors I
City Surveyor Sanitation Operations Supervisor
Chief Inspectors Senior Inspectors
Crime Scene Supervisor Sewer Field Operations Supervisor
Electrician Supervisor Street Lighting Operations Supervisor
Fleet Operations Supervisor Street Operations Supervisor
Park Operations Supervisor Warehouse Supervisor
Parking Operations Supervisor Water Field Operations Supervisor
Water Meter Supervisor
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Section 8.9.Safety Shoes. Employees in the following job classifications will be required to wear safety shoes
during all working hours. A safety shoe certificate will be provided to those employees in the following job
classifications for the purchase of safety shoes meeting ANSIZ41 Federal Safety Standards.
When due to extreme wear and tear or accidental destruction, a replacement pair of safety shoes is required,
the City will grant an additional shoe certificate for the purchase of a replacement pair of safety shoes when the
destroyed or irreparable pair of safety shoes is turned in to the Department. The Department Director, or
his/her designee,shall issue the certificate for the replacement pair of safety shoes on the basis of need and not
on an automatic basis. Further the replacement of worn heels and/or soles on the safety shoes shall be the
responsibility of the employee and not the City.
Those employees in the following classifications will make his/her safety shoe selection from a predetermined
list of safety shoes.The predetermined list will be developed by the Safety Shoe Committee comprised of two
(2)GSAF representatives and two(2)Management representatives.The final selection of safety shoes to be on
the predetermined list shall be made by the Department Director, after consultation with the Safety Shoe
Committee.
Air Conditioning Supervisor Pumping Operations Supervisor
City Surveyor Sanitation Operations Supervisor
Electrician Supervisor Senior Building Inspector
Electronics/Instruments Supervisor Senior Engineering Inspector
Fleet Operations Supervisor Sewer Field Operations Supervisor
Maintenance Supervisor Street Lighting Operations Supervisor
Metered Service Supervisor Street Operation Supervisor
Parking Operations Supervisor Warehouse Supervisor
Park Operations Supervisor Water Field Operations Supervisor
Paint Supervisor Water Meter Supervisor
Plumbing Supervisor
It is the City's intent that the safety shoes selected and approved by the Safety Shoe Committee shall not be
significantly inferior in quality to the safety shoes currently being offered to employees. Employees receiving
the safety shoe certificate will be required to purchase and wear the safety shoes during all working hours,and
will be subject to up to the loss of a day's pay for each day that the employee reports to work and fails to wear
the required safety shoes. Action taken against the employee under this Section shall not be appealable to the
Personnel Board or grievable under this Agreement.
Employees may receive uniform shoes in lieu of safety shoes,at the discretion of the department director.
Section 8.10. Shift Differential. Effective upon ratification of this Agreement. wWhere a majority of an
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employee's regularly assigned shift hours fall between 3:00 p.m. and 11:00 p.m., the employee shall receive a
shift differential of seventy-tive fort-fivc cents($.=5=13) per hour for work performed after 3:00 p.m.
Where a majority of an employee's regularly assigned shift hours fall between 11:00 p.m. and 6:30 a.m., the
1 employee shall receive a shift differential of one dollar fifty five ce t -($1.U0 3) per hour for work performed
I after 11:00 p.m.
Section 8.11. Rate of Pay When Working Out of Classification. An employee may be required to
temporarily work out of his/her classification when directed by Management. Temporarily is defined as an
employee who is clearly and definitely performing the principal duties in a higher pay classification for more
than two (2) hours per day, and they shall not exceed 580 hours in a 12-month period, and shall be paid as
follows,except at the sole discretion of the Human Resources Director,he/she may waive the 580 hour cap if
in his/her judgment,it will best serve the needs of the City service:
a) If he/she is temporarily working in a lower classification,he/she shall receive his/her hourly rate in
his/her regular classification. Employees will not be assigned to lower classification work as
punishment or to demean the employee.
b) If he/she is temporarily working for two(2)or more consecutive hours in a higher paying classification,
he/she shall be paid an hourly rate of one dollar ($1.00) per hour to be added to the employee's
straight-time rate of pay.
Employees being trained with on-site supervisory assistance in a bona-fide training program for a higher paying
classification will be paid their current rate in their regular classification during such training time.
Section 8.12.Paid Leave.
Full-time bargaining unit employees shall earn and be paid for sick leave and vacation leave in accordance with
Ordinance No. 1335 provided,however that:
A medical certificate, signed by a licensed physician, may be required to substantiate a request for sick leave
when:
a) A supervisor suspects abuse of sick leave because of a developing pattern (e.g., frequent sick
leave usage of less than one shift in a continuing twelve (12) month period,employee denied
annual leave and subsequently claims illness,a pattern of sick leave in conjunction with regular
days off or scheduled time off,etc.). The Supervisor shall inform the employee that a doctor's
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excuse will be required in order to"approve"any further use of sick leave. Such requirement
shall be reviewed by the Human Resources Department at the end of six (6) months to
determine if it is necessary that it continue.,or
b) The illness occurred while the employee was on vacation leave and a request is made to credit
sick leave instead of vacation;or
c) An employee has been absent from work for more than five(5) consecutive work days which
will require an FML certification,not just a physician's desk note.Should one not be submitted
within the timeframe provided by law,or as extended by the City, sick leave paid previously
for the absence will be changed to leave without pay.
d) The sick leave is during an emergency,such as a hurricane.
The grant of emergency leave as provided for in the City's Work Rules may be denied,if an employee does not
provide evidence satisfactory to his/her supervisor that the cause of the absence was an emergency.
Section 8.13.Perfect Attendance Bonus. Full-time employees who perform the full scope of their regularly
assigned classification for the full term of each Fiscal Year covered by this Agreement(shall receive a lump sum
bonus of three hundred dollars ($300.00), (non-pensionable earnings) provided that they have not used sick
leave or been absent for any reason that was not authorized at least forty-eight (48) hours in advance. An
employee will also be allowed two (2) incidents of tardiness, one (1) emergency vacation, one (1) instance of
bereavement leave and one(1)religious sick effective the first full pay period after December 2019. This bonus
shall be paid in December of each year of the contract.
Section 8.14. Part-Time Employees. Notwithstanding any other provision in this Agreement, bargaining
unit employees who work part-time schedules shall earn fifty percent (50%) of sick and vacation leave credits
earned by full-time employees. Pay for absences due to illness or vacation shall be for approved hours absent
from scheduled assignments.
Payoffs for sick and vacation balances at separation,bereavement leave,and holiday pay shall also be provided
at the rate of fifty percent(50%) of that afforded to full-time employees.
Section 8.15. Sick and Vacation Leave Accrual and Maximum Payment on Termination.All employees
covered by the agreement and hired after October 1, 1978 shall, under applicable ordinances, rules and
regulations: be allowed to accumulate no more than 500 hours of vacation leave except in accordance with
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provision for postponement of vacation leave; be permitted to transfer sick leave in excess of 360 hours to
vacation leave at the rate of two(2)days of sick leave to one(1)day vacation leave to be used in the pay period
year when transferred, be permitted a maximum payment time at termination, death, or retirement of 620
hours vacation leave and one-half of sick leave to a maximum of 600 hours.
The panics agree that this article may be reopened during the second or third years of this Agreement.
Section 8.16.Pay for Hazard Duty. Effective upon ratification of this Agreement.employees working hazard
duty will be paid $7.0 1.00 an hour for time actually spent in these activities. Hazard duty applies to the
following activities:
A) Spraying hazardous chemicals(Hazardous materials shall be identified in the Material Safety Data Sheet
(MSDS) and/or Product Safety Data Sheet(PSDS)).
B) Diving with scuba gear
C) Working in trenches five(5) feet in depth or greater
D) Working in raw sewage
E) Working forty(40) feet or higher on aerial lift operations.
Effective upon ratification of this Agreement. Beach Patrol Operations Supervisors'will receive fifty dollars
(S50.00),non-pensionable.hazardous duty pay biweekly.
Section 8.17.Pay During Hurricanes and Other Declared Emergencies
Effective upon ratification of this Agreement:
a) Emergency (Hurricane) Pay When the City declares an emergency due to a named hurricane and other
events,and employees are advised to stay home with pay.in a non-work status,and some employees are ordered
to work,these employees shall be paid at the rate of and one half double of their straight hourly wages for
all hours worked for up to three (3) days.
b) Landfall Team Compensation (Public Works Functions)
Bargaining Unit employees designated to be part of the Landfall Team (designated Landfall Team Members)
shall be on a voluntary basis only starting with the most senior person in the same division. There will be a list
published by May 1st of each year,according to seniority(updated monthly and/or accordingly). Payment for
hours worked during a declared emergency event will be paid at this rate irrespective of whether the employee
has worked-in excess of forty (401 hours in the applicable work week for up to three (31 days. Designated
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Landfall Team Members shall be compensated at a pay rate of one and one-half of the employee's hourly rate
of pay for all hours worked plus one (1) hour of Administrative Hurricane Pay for each of the first eight (8)
hours worked for up to three (3) consecutive days. Designated Landfall Team Members shall only qualify for
the pay if the Landfall Team is activated by the City's Emergency Operations Center (EOC). Landfall Team
Members who report to duty will be paid for the duration of the Landfall Team activation for actual hours
worked.
During a weather-related emergency event,if a designated Landfall Team Member fails to report for duty during
their regularly scheduled shift,(while other employees are directed to stay home) said employee will not receive
the Landfall Team Compensation nor Hurricane Pay.
Should a designated Landfall Team Member work in excess of forty(40)hours during their regularly scheduled
work-week,said employee will be compensated at a rate of time and one-half their regular hourly rate for those
hours worked above forty(40)hours in accordance with the Fair Labor Standards Act.
Employees shall not receive both Hurricane Pay and Landfall Team.
Designated Landfall Team Members shall be allowed up to eight four 84) hours to secure personal property
prior to a weather-related emergency event. During the weather-related emergency event,the City shall provide
designated Landfall Team Members with food,weather gear,and shelter rated to withstand a category five (5)
storm. Designated Landfall Team Members shall be required to seek shelter when winds exceed 40 miles per
hour.
The Landfall Team shall not erode the bargaining unit.
Section 8.18.License(s)Maintenance.
(Electrician Supervisor) will receive a supplanent of three hundred dollars (S3011) biweeldy for using their
license as a qualifier. The supplement will start when the employee's license is approved by the Licensing
Board. The supplement will continue until either party requests a change of status to remove the qualifier or if
completed form to GSM'. As one of the conditions and respon_ibilities related to the receipt of this
The following is only applicable for the employees referenced above who use their license as a qualifier:
•
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. , \
Management Director or their designs. Those employees receiving a biweekly supplement for using their
license Rs R qulliher shall be exempt from Section,.6(b},Standby I'Rl of this .\a rcenlent.
The Supplement is not part of base salary. Therefore, the supplement can go above the maximum of the par
range. The supplement is pen:ionablc. The supplement will be reviewed on an annual basis to determine if
In the event that the City determines that any additional licensee(s) mar be used as a primary qualifier under
terms that arc acceptable to the City, and the City decides to use any additional licensee, then the
employee/licensee will be paid the qualification payment under the terms set forth above.
Section 8.19. Tool Reimbursement. The City will continue a Tool Reimbursement benefit through which
bargaining unit employees in the job classifications of Air Conditioning Supervisor,Electrician Supervisor,and
Plumbing Supervisor may be reimbursed for an employee's tool that is damaged or broken while being used at
work,provided however,that the damage must not be the result of the employee's negligence. The maximum
amount payable in any fiscal year for tool reimbursement per employee is $400. To be eligible for
reimbursement,the employee must provide to the Department or Division Director,the broken/damaged tool
(which the City may keep) and a report describing the circumstances regarding where,when and how tool was
broken/damaged,and the receipt for the replacement tool purchased which must be of like quality and value.
The tool must not be otherwise repairable or replaceable through a manufacturer's warranty. Denial of a
request for reimbursement is not grievable.
Bargaining unit employees in the above noted positions,who have been paid a Tool Allowance benefit before
October of 1998,will remain eligible for only such Tool Allowance. Bargaining unit employees in the above
noted positions who were hired after October of 1998 and/or who were not receiving a Tool Allowance will
be eligible for the Tool Reimbursement. However,no employee will be eligible for both a Tool Allowance and
Tool Reimbursement benefits.
Section 8.20. EMT Certification Pay. Effective upon ratification of this Agreement, Beach Patrol
Operations Supervisors who obtain and maintain the Emergency Medical Technician (EMT) certificate given
by the State of Florida shall receive a five seven and a half percent(K_5%)premium pay.
Section 8.21. Skill Pay Supplement.
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Fleet Management Department:Automobile Technicians/Medium/Heavy Truck Technicians
a 3 to 5 Certifications $50.00/month
a 6 to 7 Certifications $90.00/month
a"Master"Auto Technician $150.00/month
a"Master"Auto Technician with EVT $200.00/month
Automotive Parts Specialist(3 of 3 Certifications) $50.00/month*
Automotive Service Consultant $50.00/month*
a Supplement amounts are not cumulative
*Can only be taken as an addition to"Master"Auto Technician or"Master"Auto Technician with EVT
Fire Department
Level 1 Fire/Ambulance $50.00/month
Level 2 Fire/Ambulance $90.00/month
EVT Master Fire/Ambulance $150.00/month
Fleet and Fire skill pay supplements require employees to hold the classification of:Lead Mechanic or
Fleet Operation Supervisor
Public Works Department—
Employees who obtain and maintain the"Class 1""Class 2"and"Class 3"Water Distribution System
Operator License issued by the Florida Department of Environmental Protection shall receive an
annual* skill pay supplement,non pensionable,accrued monthly as follows:
Class 1 $150/month
Class 2 $75/month
Class 3 $50/month
*To be paid annually every September.
Building Department: Senior Inspectors and Chief Inspectors -Effective the first full pay period after
rafifieatiefa
a 1 License/Certification $75.00/month
a 2 Licenses/Certifications $150.00/month
3 Licenses/Certifications $225.00/month
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*Licenses/Certifications must be related to job duties and issued by the State of Florida
(Building Inspector license, Plans Examiner license, General Contractor license, Plumbing license,
Mechanical license,Electrical license,Floodplain Manager license,registered Architect,Roofing license
and registered Professional Engineer)
Note:The maximum Skill Pay Supplement Benefit would be$300.00/month
Note:Other Certifications a3 approved by the Department l lead
Supervisor
Employee cannot receive skill pay if not on regular work status (i.e. cannot receive skill pay if on a light duty
assignment).
Employees must notify the department staff when he/she does not maintain the required certification level. Failure
to do so may result in discipline,and any supplement pay received while not certified shall be refunded to the City.
Section 8.22.Professional Licenses and/or Certification. (Required continuing education/certification for
current position) Upon prior approval from the Department Director, employees who must maintain their
licenses as required in their job descriptions,and have to attend continuing education classes shall be paid their
straight hourly wages for all required hours up to 20 hours a year,provided that such additional pay shall not
be provided to the employees if the training is provided by the City during regular work hours.Any actual hours
spent attending training under this section shall count as hours worked.
Section 8.23. Accreditation Pay Supplement Contingent upon the Department Obtaining and
Maintaining Certain Accreditations:
Effective upon ratification of this Agreement,mall bargaining unit members in PSCD shall be paid
premium pay of up to$60.00 per pay period for as long as the PSCD maintains Accreditation by the
International Academy of Emergency Dispatch(IAED) [$20.00 per discipline per paid period].The
three(3)Disciplines are:
1) EMD,Emergency Medical Dispatch
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2) EFD,Emergency Fire Dispatch
3) EPD,Emergency Police Dispatch.
Section 8.24. Furlough/COVID Relief.
In consideration that this bargaining group gave furlough days,current employees covered under this
contract,will receive a cash bonus equivalent to their lost base pay due to COVID furloughs,to be paid a
week after the first pay period after ratification of this Agreement.This pay will be non-pensionable.
Section 8.25.Parking Enforcement Bonus
F,ffective upon ratification of this Agreement,any time parking enforcement division achieves 250.000 scans
in a quarter(three months),parking enforcement supervisors will receive a three-hundred-dollar(S300) bonus.
If the parking enforcement division achieves 250,000 scans in four (4) consecutive quarters. the parking
enforcement supervisors,will receive an additional one-thousand-dollar (S1.000) bonus. All such bonuses are
non-pensionable and not included in base pay.
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ARTICLE 9
INSURANCE
The City shall offer group health care coverage including medical,dental,and life insurance plans to full-time
bargaining unit employees and their legal dependents during the term of this Agreement. The City will continue
to pay at least fifty percent(50%)of the premium cost for eligible employees hired before the date of ratification
of this Agreement. Employees hired on or after the date of ratification of this Agreement, will continue to
receive a premium subsidy by the City of at least 50% of health insurance premium costs for standard plans,
but will not have a minimum required City subsidy amount for premium plans. The City will continue to offer
alternative plans as options for employees. The City may change insurance carriers and/or the scope and level
of benefits in any plan. The City also may change the percentage of premium cost paid by the City from year
to year for any one or more of the optional plans available, depending upon the scope and level of benefits
available in each of the optional plans.
After an employee exhausts Injury Service Connected (ISC) benefits and is receiving workers' compensation
checks, the City shall access the employee's leave accruals to keep him/her whole. Deductions for benefits
such as health and dental insurance coverage and pension contributions will be made from the value of the
accrued leave. Once an employee runs out of leave accruals and is still unable to return to work,the employee
has an affirmative responsibility to contact the Human Resources Department, Benefits Division, to make
benefit payment arrangements. Employees will be given one month's grace period after which coverage shall
be cancelled.
Reopener
The parties agree to reopen this Agreement upon the City's request to address options to ameliorate the impact
of the proposed excise tax on plan sponsors of "Cadillac Plans" as defined in the Patient Protection and
Affordable Care Act.
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ARTICLE 10
PENSION AND RETIREE HEALTH
A) The Miami Beach Employees' Retirement Plan (MBERP) is the pension plan for bargaining unit
members, except for those employees who previously elected to remain in the 401-A retirement
program (in lieu of participating in the City's pension plan). The current benefits and member
contributions provided by the MBERP shall remain in effect for the term of this Agreement, except
as follows:
Effective July 18, 2010, for employees hired prior to August 1, 1993, who participate in the
MBERP,the employee pension contribution shall increase by 2%of earnings,from 10%to 12%
of earnings; Effective July 18, 2010, for employees hired on or after August 1, 1993, who
participate in the MBERP, the employee pension contribution shall increase by 2% of earnings,
from 8% to 10% of earnings. The additional two percent (2%) employee pension contributions
described herein shall cease upon such additional pension contributions not being accepted by or
imposed upon the American Federation of State, County and Municipal Employees (AFSCME)
Local No.1554 collective bargaining unit in its 2013-2016 collective bargaining agreement.In such
an event, the cessation of the additional pension contributions for employees covered under the
GSAF bargaining unit shall take effect upon ratification of the 2013-2016 collective bargaining
agreement between the City and the American Federation of State, County and Municipal
Employees (AFSCME) Local No. 1554.There shall be no retroactive compensation awarded for
the purposes of this section.
1. Final Average Monthly Earnings (FAME)
a) For those employees who participate in the MBERP and are at normal retirement age or are
24 months or less from normal retirement age as of July 14,2010,as defined by Ordinance
2006-3504, as amended, the Final Average Monthly Earnings (FAME) is at one-twelfth
(1/12) of the average annual earnings of the employee during the two (2) highest paid years
of creditable service.
b) For those employees who participate in the MBERP,and who are between 24 and 36 months
from a normal retirement age as of July 14, 2010, as defined by Ordinance 2006-3504, as
amended, the Final Average Monthly Earnings (FAME) means one-twelfth (1/12) of the
average annual earnings of the employee during the three(3)highest paid years of creditable
service.
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c) For those employees who participate in the MBERP,and who are between 36 and 48 months
from normal retirement age as of July 14, 2010, as defined by Ordinance 2006-3504, as
amended, the Final Average Monthly Earnings (FAME) means one-twelfth (1/12) of the
average annual earnings of the employee during the four(4) highest paid years of creditable
service.
d) For those employees who participate in the MBERP, and who are more than 48 months
from normal retirement age as of July 14, 2010, as defined by Ordinance 2006-3504, as
amended, the Final Average Monthly Earnings (FAME) means one-twelfth (1/12) of the
average annual earnings of the employee during the five (5) highest paid years of creditable
service.
2. Employees shall be eligible to enter the Deferred Retirement Option Plan (DROP) at the
normal retirement age specified in the pertinent pension ordinance,and may participate in the
DROP for a maximum of thirty-six (36) months for employees hired prior to July 14, 2010,
and sixty (60) months for employees hired on or after July 14, 2010. Subject to actuarial
verification that extending the DROP period for employees hired prior to July 14,2010 does
not result in an increased cost to the City,effective upon ratification October 16.2013,of this
collective bargaining agreement, all current and future employees participating in the DROP
shall be entitled to participate in the DROP for a maximum period not to exceed sixty (60)
months in total.Any employee who previously executed a form entitling him or her to enter
the DROP for a period of less than sixty (60) months in total shall be given a one-time
irrevocable election,within thirty(30)calendar days from the effective date of the conforming
City ordinance amending the DROP period as set forth herein, to execute a new form
extending his or her DROP period for up to sixty(60) months in total.
Notwithstanding the foregoing, nothing herein shall preclude an employee who is presently
participating in the DROP from their continued active employment and termination of
employment in accordance with their original DROP separation date.
3. Effective September 30,2013, the option to purchase up to two (2) years of prior creditable
service shall be eliminated for all employees covered by the GSAF bargaining unit.
4. Employees Hired on or after July 14.2010.
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The current benefits and member contributions provided by the MBERP shall remain in effect
for employees hired on or after July 14,2010,except as follows:
1) The normal retirement date is age 55 with at least thirty(30)years of creditable service,or
age 62 with at least five(5) years of creditable service.
2) The early retirement date is the date on which the member's age plus years of creditable
service equal 75,with a minimum age of 55.
3) The Final Average Monthly Earnings (FAME) shall be an average of the highest five (5)
years of employment.
4) The benefit multiplier shall be two and one half percent(2.5%)multiplied by the member's
years of creditable service,subject to a maximum of 80%of the member's FAME.
5) The retiree Cost of Living Adjustment(COLA) will be one and one half percent (1.5%)
per year,with the first adjustment deferred to one (1)year after the end of the DROP.
6) The employee contribution will be 10%of salary.
7) The standard form of benefit is a lifetime annuity.
8) Members who separate from City employment with five (5) or more years of creditable
service but prior to the normal or early retirement date shall be eligible to receive a normal
retirement benefit at age 62.
B) Effective September 6,2006,the parties agree that any bargaining unit member who previously elected
or who elects to participate in the 401-A retirement program (in lieu of participating in the City's
pension plan) shall be required to work at least ten(10) years before becoming eligible for any retiree
health benefits from the City.
C) Any bargaining unit member who is eligible for retiree health benefits from the City must make a one
time irrevocable election to continue receipt of health benefits via the City's plan at the time that the
employee terminates City employment. Effective upon fatifteffieftJuly 14.2010,the parties also agree
that if a member initially elects to continue under City health insurance,but thereafter discontinues or
is discontinued from such coverage for non-payment of premium,the retiree may not resume coverage.
D) Employees hired on or after September 6,2006,will be entitled to a City contribution against the cost
of continued health insurance coverage in the City's health insurance plan after retirement (or
separation) from City employment, as set forth in this section. Any employee hired on or after
September 6, 2006,who then remains employed until reaching eligibility for normal retirement, and
who elects to continue insurance coverage under the City's health plan,shall upon receipt of normal
retirement benefits also receive an additional separate supplemental monthly stipend payment in the
GSAF-44
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initial amount of$10.00 per year of credited service,up to a maximum of$250.00 per month until age
65, and $5.00 per year of credited service up to a maximum of$125.00 per month thereafter. There
shall be no other City contribution toward the cost of continued health insurance coverage for such
employees and this benefit shall be paid only during the life of the retiree.
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ARTICLE 11
' GENERAL PROVISIONS
Section 11.1. Discrimination. In accordance with applicable federal, state and local laws, the City and the
Association agree not to discriminate against any employee on the basis of an individual's race,sex,condition
related to sex (pregnancy) color, religion, national origin,age (40 and over), disability, marital status, familial
status,citizenship,intending citizenship status,sexual orientation,political party affiliation;and/or Association
membership.
Section 11.2. Meetings Between Parties. At the reasonable request of either party, the Association
President;or his/her Representative;and the City Manager or his/her designee for Labor Relations,shall meet
at least quarterly at a mutually agreed time and place to discuss matters of concern. Whenever time permits,
the party requesting the meeting shall submit written notice of the subject matter to be discussed. Such notice
shall be submitted one week in advance of the proposed meeting date. Whenever the Association President,
or his/her Representative,makes suggestions or recommendations to the City Manager or his/her designee for
Labor Relations, specifically concerning productivity of job safety,the City Manager or his/her designee for
Labor Relations,will respond as appropriate.
Section 11.3. Work Rules and Incorporation of Personnel Rules. The City will provide the Association
with a copy of any written rules that are instituted or modified during the term of this Agreement affecting
employees in the bargaining unit. In the event the City desires to alter,amend,or modify existing written work
rules, or promulgate new written work rules, the proposed changes will be submitted for review to-a joint
labor/management committee. The City shall have two(2)representatives and the Association shall have two
(2) representatives on this committee,which will make recommendations to the City Manager. The proposed
changes shall not become effective until a final decision of the City Manager has been rendered whose decision
is not grievable.The Personnel Rules are incorporated herein,unless otherwise specifically provided for in this
Agreement.
Section 11.4. Stress Reduction/Police Department's Public Safety Communications Unit. Those
employees covered by this Agreement who work in the Miami Beach Police Department's Public Safety
Communications Unit (PSCU),will be given a stress reduction training program provided by the City. The
City will work with the Employee Assistance Program (EAP) in order to provide a special presentation. Such
stress training will be a one-day stress seminar as given to sworn officers. Should an employee and/or
management supervisor believe that an employee might benefit by being referred to the City's EAP,then the
employee will be referred consistent with current policies. If an employee needs help beyond that offered by
the EAP,then the EAP may require appropriate referrals for outside professional assistance.
GSAF.-46
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Section 11.5. Labor/Management Committee. In order to strengthen the parties'labor/management
relations, the Association agrees to participate with the City in labor-management committees to address the
issues in Departments. Such committees may be requested by the Association or by the City(through the City
Manager,Department Directors,or designees) to meet at mutually accepted times.
Section 11.6. Safety. The City agrees to provide,at no cost to the employee,any appropriate safety equipment
required to be worn or otherwise utilised by the employee. This shall include such items as hard hats,gloves,
etc. Those employees issued such equipment will be responsible for such safety equipment, and any loss or
damage due to the neglect of the employee may require the employee to pay for the replacement of said City-
issued equipment.
a) The City agrees to provide, upon request, up-to-date, non-glare screens for computer
terminals.
b) The City shall evaluate and provide, upon request, a wrist rest,which will help alleviate the
stress upon the hands and arms of those employees performing repetitive motion, to all
persons who use computers for more than 50%of their workday.
c) The City will provide appropriate self-defense training to all Parking Enforcement employees.
d) The Association is encouraged to have its members volunteer to serve on the Department
.Safety Committees that are being organized in each City Department. The bargaining unit
member serving on the City's Safety Committees will not suffer any loss of benefits or wages
for attendance at regularly scheduled meetings during regular scheduled work time. No
overtime will be paid for attendance at such meetings.
e) If there is a central, Citywide Safety Committee, the Association's President, or his/her
designee,may be a member if he/she so requests.
Section 11.7. Bulletin Boards. The Association may, at its own expense, place a bulletin board in each
department, not to exceed approximately three feet by two feet(3'x 2') in size. The Bulletin Boards shall be
used for posting the following notices only:
a) Notices of Association Meetings.
b) Notices of Association Elections.
GSAF-47
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c) Reports of Association Committees.
d) Recreational and Social Affairs of the Association.
e) Any material of informational nature related to Government Supervisors Association of
Florida/OPEIU.
Materials, notices or announcements which contain anything political or controversial that might reflect upon
the City,any of its employees,or any other labor organizations among its employees,or any materials,notices,
or announcements which violate any of the provisions of this Section,shall not be posted.
Any materials that are posted which are not in conformance with this Section may be removed at the discretion
of the City.
Section 11.8. Probationary Employees. A probationary employee who is dismissed without cause shall have
the right to discuss with the appointing officer the reasons for such dismissal at a mutually agreed to time.
Following such meeting, a probationary employee,if he/she so desires,shall have the right to further review
the reasons for such dismissal with the City Manager or his/her designated representative at a mutually agreed
to time. It is expressly understood,however,that the appointing officer retains the exclusive discretion with
respect to the'retention or dismissal of probationary employees.
Periods of absence shall cause the probationary period to be extended for an equal amount of time. At the
request of the appointing authority, the City Managers designee for Human Resources may extend the
probationary period for up to three(3)additional months provided that the reasons for extension are given to
the employee in advance of the expiration of the initial probationary period. The City acknowledges the
importance of giving timely performance appraisals and feedback to probationary employees.
Section 11.9. Notification in the Event of Transfer or Contracting Out. When the City contemplates
entering into a contract with an outside supplier or service agency to perform services presently being
performed by bargaining unit employees and such contract shall result in the lay-off of any bargaining unit
employee,the City agrees that it will,upon written request, meet and discuss with the Representatives of the
Union the effect of such contract upon members of the bargaining unit.
If the City enters into such a contract and,as a result thereof,an employee will be laid off, the City agrees to
ask the Contractor to provide first consideration for such employee for any available work.
In the event that the employee is not employed by the contractor, the City will offer such employee another
available job with the City,if there is a budgeted vacancy and the employee affected by the subcontracting is
GSAF-48
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qualified to perform. Questions of qualification to perform the job duties shall be decided in the sole discretion
of the City Manager's designee for Human Resources.
If there are no jobs available, the reduction in force provision contained in the Personnel Rules shall apply,
provided that such Iaid-off employee shall be recalled to work before the City hires new permanent employees
to perform the work of the classification held by the employee at the time of the layoff.
This recall right shall exist for up to the individual's total service time with the City,but not to exceed two (2)
years after the date of the person's layoff date,but such recall right shall cease as of two (2) years after layoff,
or if the employee does not return to work as scheduled if he/she is offered a recall notice prior to the two (2)
years.
It shall be the responsibility of the laid-off employee to notify the Human Resources Department when
technical skills, training, and experience have been enhanced during the lay-off period,which may allow the
individual to apply for another bargaining unit job with the City.
Nothing in this Section will be construed to limit the Association's right to bargain concerning the identified
impact or effects of subcontracting out or transferring upon Bargaining Unit members.
Section 11.10. Seniority.
1) When vacations are scheduled,permanent vacancies or shifts are filled,or promotions are made to a
position within the bargaining unit, seniority shall apply when all other factors are equal. For these
purposes, seniority shall be measured by the length of time in the affected classification of the
Bargaining Unit except:
• For those members promoted on the same date, seniority will be determined by date of
employment;and
• For those members whose promotion date and date of employment are the same, seniority
shall be determined by the higher score on the eligibility list.
• For those members whose promotion date,date of employment and eligibility list scores are
the same,seniority shall be determined by total service/longevity hours to date with the City.
2) Seniority will not apply in an emergency.
Section 11.11. Reduction in Force. When there is a reduction in the bargaining unit workforce,employees
will be subject to the layoff procedure set forth in the City's Personnel Rules.
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Section 11.12. Military Leave. Federal and State law concerning military leave govern the City and all
employees represented by this Agreement shall receive the benefits of such laws.
Section 11.13. Pay Advances. An employee in this unit may request his/her pay check in advance of any
scheduled annual leave by submitting a written request to the Human Resources Director at least one (1) pay
period prior to leaving on annual leave. However,the written request does not guarantee that the City will be
able to provide the employee with a pay check in advance of any scheduled pay day. Approval for an advanced
pay check will not be unreasonably withheld.
Section 11.14. Mentoring Program. Bargaining unit employees may request to participate in the City's
Mentoring Program,as set forth in the Human Resources'Department policies and procedures,which may be
changed from time to time or discontinued at the City Manager's discretion.Denial or disapproval of a request
for participation in this Program shall not be grievable.
Section 11.15. Political Activities of Employees. Except as provided by Federal,State,County laws and/or
City of Miami Beach laws,ordinances or rules including Personnel Rule I(b),the City shall not make,adopt or
enforce any rule,regulation or policy;
a) Forbidding or preventing employees from engaging or participating in politics or from becoming
candidates for public office;or
b) Controlling,directing or tending to control or direct the political activities or affiliations of employees.
It is understood that no political activities may be conducted by unit members during the employee's scheduled
work day or with City equipment and/or City resources.
Section 11.16. Promotions. The term promotion as used in this Agreement means the advancement of an
employee to a higher paying classification. Whenever a bargaining unit job opening occurs in any existing job
classification or as a result of the development or establishment of a new classification,a notice shall be posted
for no less than two (2)weeks.
Eligible and qualified employees who wish to apply for the open bargaining unit position may do so in writing
and submit the application to Human Resources. If there is more than one (1) employee qualified for
promotion to the bargaining unit job classification that have equal skill,ability and qualifications (factors to be
considered include but are not limited to skill, ability, qualifications, interview score, disciplinary history,
attendance history and performance evaluation scores) then seniority with the City shall apply. Seniority for
the purpose of this subsection shall mean length of continuous service with the City.
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ARTICLE 12
DRUG AND ALCOHOL TESTING
a) All employees are subject to random,unannounced testing for use of substances as set forth below.The use
of legal controlled substances is permitted only when prescribed to the employee by a licensed health care
provider and is properly used by the employee.
b) Upon reasonable suspicion by a division director,or higher,that an employee has used a drug as defined in
Florida Statutes Section 44.102(1)(c), as that section may be amended or renumbered, and as listed herein;or
has used alcohol in violation of any rule,order,policy,procedure,or law;or has used a legal controlled substance
to the extent that his or her job performance is affected, shall be directed and required to submit to drug and
alcohol testing. Any employee who has been in a vehicle crash with injuries and any employee returning to
work after an absence of three months or more shall be required to submit to drug and alcohol testing prior to
returning to duty.
c)All reasonable suspicion and post-accident test must be coordinated through the Assistant Human Resources
Director for Labor and Employee Relations who is available 24/7 for this specific function. In his or her
absence,the Risk Manager is the next person to contact.If both are unavailable,the Human Resources Director
will assume responsibility for coordinating efforts.
d)Testing is subject to the following conditions:
1.An accredited,State licensed clinical testing laboratory will be selected by the City.A split specimen will
be taken.If the results are positive,and the employee challenges the results,the second portion of the split
specimen will be tested at another accredited,State licensed clinical laboratoroy of the employee's choice
and at the employee's expense. One portion will be tested by each laboratory.All positive tests for illegal
or controlled substances shall be confirmed by Gas Chromatography Mass Spectrometry (GC/MS) or
equivalent testing method.
2.Testing for alcohol shall be by breath-testing unless the employee is or claims to be unable to provide
an adequate sample.In such a case,a blood test will be performed.If the employee's breath test is positive,
GSAF-51
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a confirmation blood test will be performed.
3.A breath alcohol level of 0.04 or higher and its equivalent blood test outcome shall constitute a positive
result.Below are some of the substances tested for.The list is not all-inclusive and may be changed at any
time by the City.
4. In all cases, the employee shall fully cooperate with testing, including executing any release or
authorization necessary for tests or disclosures and including providing multiple specimens if needed.
Drug Initial Test Level GC/MS Confirmation
Test Level
Amphetamine 1000 ng/ml 500 ng/ml
Barbiturates 300 ng/ml 150 ng/ml
Benzodiazepines 300 ng/ml 150 ng/ml
Cocaine metabolites 300 ng/ml 150 ng/ml
Marijuana metabolites 50 ng/ml 15 ng/ml
Methadone 300 ng/ml 150 ng/ml
Methaqualone 300 ng/ml. 150 ng/ml
Methylenedioxyamphetamine (MDA) 500 ng/ml 250 ng/ml
Analogues
Opiates 2000 ng/ml 2000 ng/ml
Phencyclidine 25 ng/ml 25 ng/ml
Propoxyphene 300 ng/ml 150 ng/ml
Hallucinogens of any kind At any level At any level
5.Any positive test or any refusal to submit to testing or to cooperate with testing(which includes adulterating
a specimen or submitting a false specimen) including executing releases or authorizations and providing
multiple specimens if needed,is grounds for immediate termination of employment.
e) This Article supersedes any agreement, memorandum of understanding, rule, procedure, or order to the
extent of any conflict therewith.
f) Employees who have a CDL license are in the CDL random drug testing pool will not be part of the GSAF
drug testing pool.
g. Employees testing positive may be offered the opportunity to enter into a "Last Chance Agreement" to
continue their employment. Offering an employee, a Last Chance Agreement, in no way precludes the City
GSAF-52
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from taking concurrent disciplinary action. The Agreement shall require participation in a rehabilitation
program, unannounced follow-up testing for a period two (2) years and such other requirements as set forth
by the City.The City reserves the right to terminate an employee without providing him/her with a Last Chance
Agreement. Employees under a Last Chance Agreement who test positive shall be terminated from
employment with the City and this is not grievable under the grievance procedure.Employees may be given no
more than one (1) chance for substance abuse rehabilitation during employment with the City.
ARTICLE 13
TAKE HOME VEHICLE POLICY
To defray the operating expense incurred by the City as a result of the non-official use of take-home vehicles,
employees shall be assessed a user fee.The user fee shall be a rate per mile multiplied by the number of round
trip miles as shown by the vehicle's AVL between the employee's primary residence and the City limits. The
rate per mile will be fourteen percent(14%) of the Internal Revenue Service standard business mileage rate,as
amended from time to time.
Employees may not park their cars in a location so as to circumvent reduce the restrictions outlined in this
section mileage determination outlined in this section.
The Union agrees that each bargaining unit employee who is assigned a take-home vehicle will purchase at his
or her expense an extended non-owner coverage endorsement or non-owner auto insurance coverage in the
amount of at least$100,000,within 30 days of this effective date of thin agreement. In addition,the employee
must maintain an extended non-owned coverage endorsement or non-owner auto insurance coverage in the
amount of at least $100,000, for so long as he or she is assigned a take-home vehicle. Employees who are
initially assigned a take-home vehicle,subsequent to date of ratification of this agreement,shall be required to
obtain and maintain an extended non-owner coverage endorsement or non-owner auto insurance coverage in
the amount of at least$100,000,prior to vehicle assignment. Any employee without the required insurance
coverage,as stipulated herein,may have the take-home vehicle privilege revoked at the City's discretion.If the
insurance industry no longer provides the extended non-owner coverage endorsement or non-owner auto
insurance coverage,there will be a re-opener in order for the City and Union to discuss the provisions set forth
in this section only.
GSAF-53
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ARTICLE 14
MOUs AND SIDE AGREEMENTS
Effective upon ratification of this Agreement by the parties,all previously existing MOUs and side agreements
are null and void,except for those attached hereto and incorporated herein as Appendix"A,"specifically:
• Memorandum of Understanding providing for amendments to various water distribution related job
descriptions, providing for the payment of related employee training and certifications, and other
related provisions;executed on November 26,2013.
• Side Agreement providing for tool reimbursement to Lead Mechanic and 5% emergency medical
technician(EMT)supplemental pay to Beach Patrol Operations Supervisor;executed on May 25,2005.
• Side Agreement providing the Crime Scene Supervisor with a take-home vehicle in lieu of standby pay;
executed on October 17,2003.
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ARTICLE 15
TUITION ASSISTANCE
Subject to applicable Personnel Rules, leave ordinances and tuition practice administrative procedures, 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.
Employees covered by the bargaining unit are eligible for the tuition assistance program as set forth in
Resolution No. 2017-29714,adopted January 11,2017.
GSAF-55
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ARTICLE 16
SAVINGS
If any provisions of this Agreement are subsequently declared by the proper legislative or judicial authority to
be unlawful or unenforceable, 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.
GSAF-56
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•
ARTICLE 17
ENTIRE AGREEMENT
The Association 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 Association waives the
right,during the term of this Agreement,to bargain collectively with respect to any subject or matter referred
to or covered in 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 the Management Rights Article of this Agreement, (i.e., changing work
hour schedule,transferring employees,laying off employees,etc.,except as otherwise provided herein).
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
Association concerning the taking,or not, of the action;but may take unilateral action at the time it desires.
The Association 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 amendments must be in writing
and signed by duly authorized Representatives of the parties before it will be effective.
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ARTICLE 18
TERM OF AGREEMENT&REOPENER
This Agreement shall become effective upon City Commission approval and shall remain in effect until the
30th day of September 29142024. Written notification,by either party,shall be required within no less than
one hundred twenty(120)days prior to the expiration date of this Agreement indicating their desire to
renegotiate the provisions of this Agreement. Negotiations shall begin no later than ninety(90) days prior to
the expiration of the Agreement.
GSAF-58
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Executed by the parties hereto on the day of
2O4 92022.
GOVERNMENT SUPERVISORS ASSOCIATION CITY OF MIAMI BEACH,FLORIDA
OF FLORIDA,OPEIU,LOCAL 100
By: By:
Cleg-glac-IttataitFredricka Green Jimmy L. MoralcsAlina T. Hudak
GSAF President City Manager
By:
Mickey Green Jr.
Bargaining Unit Rep. - GSAF Board Member
By:
Donald D.Slesnick
GSAF Chief Negotiator
Approved by vote of the City Commission, ,28492022.
Dan Gelber
Mayor
ATTEST:
Rafael E.Granado
City Clerk
GSAF-59
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GOVERNMENT SUPERVISORS ASSOCIATION
OF FLORIDA,OPEIU,LOCAL 100
ELECTION OF REMEDY FORM
Grievance No.
This form must be completed and signed at the first step of the grievance procedure.
Employee must elect,sign,and date only one of the two following choices:
1. I/We elect to ut1li7e the Grievance Procedure contained in the current Agreement
between the City of Miami Beach, Florida, and Government Supervisors
Association of Florida,OPEIU,Local 100. I understand that this choice precludes
my utilization of Option Number 2.
Employee Signature Date
2. I/We elect to utilize another forum for my/our grievance, and in doing so, I/we
permanently waive my/our contractual right to the Grievance Procedure contained
in the current labor Agreement between the City of Miami Beach and Government
Supervisors Association of Florida, OPEIU, Local 100. Any resolution of a
grievance from another forum cannot be inconsistent with the terms of the
collective bargaining agreement that is in effect.
Employee Signature Date
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Exhibit"8"
SUMMARY OF PENSION HEALTH AND FRINGE BENEFITS
Section 504 of the City's Charter requires that,following a duly noticed public hearing,within six
(6) months of ratification of collective bargaining agreements with the respective labor unions,
the City Commission shall consider a written report presented by the City Manager or his or her
designee, detailing the status and related fiscal impacts of fringe benefits, including pension and
health insurance plans.
GENERAL EMPLOYEES'HEALTH INSURANCE PLANS
The City continues to offer a comprehensive and cost-effective benefits program to its full-time
general employees and retirees through a self-funded health plan administered by CIGNA. The
City's self-funded plan currently covers approximately 2,800 employees, retirees, and
dependents.
For the fiscal year beginning October 1, 2020, the City continued to offer employees a choice of
3 plans.The plans include one HMO,a traditional PPO and a High Deductible Health Plan (HDHP)
with a Health Savings Account. The dental plan is a PPO (employees also have a fully insured
DHMO option). No changes were made to the plan designs for the year beginning October 1,
2020. Employees and retirees pay premium amounts that vary by plan and dependent tier.
Florida Statute 112.08 requires self-funded plans sponsored by local governments to submit an
annual filing to the Florida Office of Insurance Regulation ("OIR") documenting plan experience
and financial position. The filing must include an actuarial memorandum signed by a certified
actuary that attests to the actuarial soundness of the plan. For the 12-month period of October
1, 2019 through September 30, 2020, the City's actuary concluded that the City's self-funded
health plan is actuarially sound.
For the 2019/20 year, the City's plan had a gain of $3.1 million. The resulting surplus as of
September 30, 2020 was $15.4 million. This equates to 224 days of projected claims, which
comfortably exceeds the OIR safe harbor of 60 days.
FOP AND IAFF HEALTH TRUSTS
The City contributes monthly to the FOP and IAFF Health Trust Funds based on an agreed amount
and according to terms that are collectively bargained. Future annual increases to the City's
monthly contributions will be made based upon the latest Annual Segal Health Plan Cost Trend
Survey. The increases shall be effective January 1 of each year during the contract period. In no
event shall the City monthly contributions be less than the prior year, even if the trend rate is
negative. Increases to the FOP and IAFF Health Trusts over the past three years have been 7.1%
in 2019, 6.8%in 2020,and 7.7% in 2021.
Page 818 of 1166
Audited financial disclosure reports are to be presented from the Trust to the City no later than
March 1st of each year.
Group Medical Plan Data as of October 1, 2021:
Plan Member Count City's Contribution City's%of Total
Premium
General
Employees 1159 $13,416,931 76.6%
Retirees 440 $3,512,649 54.2%
FOP Health Trust
Employees 392 $6,988,282 81.7%
Retirees 322 $5,851,474 83.8%
IAFF Health Trust
Employees 209 $4,016,298 89.6%
Retirees 219 $4,300,580 92.1%
Ancillary Benefits
Additional ancillary benefits subsidized by the City:
• Dental Insurance (City subsidizes at approximately 50% of the premium cost for single
coverage)
- Cigna DHMO Plan
- Cigna PPO Plan
• EyeMed Vision Plan (included in health insurance premium)
• Life Insurance -the City subsidized 100 percent of the premium for coverage equal to
one-year's salary of each employee
• Accidental Death and Dismemberment-the City bears the full cost of the premium, the
maximum benefit if$20,000
2
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OTHER FRINGE BENEFITS
• Earned leave(sick,vacation, compensatory) differences in accruals
SICK AND VACATION LEAVE ACCRUALS
Sick Leave
Accruals Vacation Leave Accruals
Constant 0-9.99 10-19.99 20+
years years years
Annual Annual Annual Annual
FOP 96 96 136 176
IAFF shift 144 144 204 264
IAFF non-shift 96 96 136 176
All Others 96 96 136 176
• Leave payouts upon separation
MAXIMUM FINAL LEAVE PAYOUT
Equivalent
Vacation number of
Sick hours paid out hours hours paid
paid out out at 100%
of value
Maximum of 75%
FOP of sick leave hours, Maximum
up to a maximum of 620 1,240
of 620
Half of sick leave
All Others hours, up to a 620 1,220
maximum of 600
IAFF Non-
Combination of both *s 820
IAFF Shift Combination of both * 1,230
* All sick and vacation hours for IAFF employees paid out at
100%of value up to the allowed maximum
3
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• Sick Leave Sellback(IAFF&FOP)
> Employees covered by the IAFF and FOP agreements are eligible to sell back (at
100%of value)sick leave, minus any sick or emergency vacation time used. Family
and Medical Leave Act(FMLA)shall not reduce the sick leave sell back.
> FOP employees may sell back the number of hours accrued, up to a maximum of
136 hours.
> IAFF Employees with less than fifteen (15) years of service may sell up to ninety-
six (96) hours or 144 hours for 24-hour shift employees. Employees with fifteen
(15) years of service or more may sell up to 136 hours or 204 hours for 24-hour
shift employees.
• Holidays(13 legal holidays;4 floating holidays)
• Injury Service Connected (ISC)supplemental leave pay
> Differences in duration
- 16 weeks (general employees)
- 32 weeks (IAFF & FOP)
• Bereavement Leave with pay
o Unclassified/Others-2 days
o CWA—4 days
o FOP—4 days,with 2 additional days of own time
o IAFF-4 days,with 1 additional week of own time
• Jury Duty Leave with pay
• Union Leave with pay (varies for each bargaining group)
• Tuition Reimbursement
The City's Tuition Assistance Program was revised in 2015 per Resolution 2015-28891 to
provide an updated benefit to eligible employees voluntarily participating in training or
educational programs from accredited institutions of higher learning designed to improve
their effectiveness which directly benefits City operations; provide professional
development; and help prepare employees for other opportunities within the City's service.
4
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Voluntary Benefits (no City subsidy?:
• Pet Insurance
• Disability Insurance (Short-term and Long-term)
• Supplemental Life
• Preferred Legal Plan
• LifeLock(Identity Theft)
• 457 (b) Retirement Accounts
• Roth IRA
• Colonial Life Products
o Accident Insurance
o Whole Life Insurance
o Cancer Insurance
o Critical Illness Insurance
o Hospital Confinement Insurance
Non-payroll related benefits:
• Take-home vehicles(primarily Police)
• Work uniforms and shoes
• Employee Assistance Program (EAP)
• Free parking in City facilities
• Free gym use(IAFF and FOP)
Emergency COVID Leave:
As of January 2022,the City approved emergency COVID leave for employees who were
positive with COVID or close contacts to a positive person at an approximate value of$3
million. On September 1, 2022 this benefit ceased.
5
Page 822 of 1166
PENSION PLANS
There are two plans, and they are in good shape, according to annual Valuation reports. They
each are governed by a Board and Executive Director. The soundness of the plans is ensured
through good governance, careful investment policy, and long-term pension reform and
associated plan changes based on the City Commission adopted resolution 2013-28290 accepting
the recommendations of the Finance and Citywide Projects Committee ("Committee") to adopt
the Budget Advisory Committee ("BAC") proposed policies and guidelines to ensure long-term
pension reform. The policies and guidelines address four perspectives: (1) Affordability and
Sustainability, (2) Appropriate Benefits to Employees, (3) Recruitment and Retention, and (4)
Management of Risk/Risk Sharing.
Each Plan has an actuary valuation report prepared annually by Gabriel, Roeder, Smith &
Company to (GRS) to measure the Plan's funding progress, to determine the employer's
contribution rate for the fiscal year ending, and to determine the actuarial information for
Governmental Accounting Standards Board (GASB) No. 67.
Fire&Police-as of 10/1/2021:
Active Members 488
Terminated Vested (including dormants) 21
Receiving Benefits(including DROPs) 808
Miami Beach Employees Retirement Plan("MBERP")-as of 10/1/2021:
Active Members 1185
Drop Members 101
Retirees&Beneficiaries 1099
Disability Members 25
Terminated Vested Members 110
Current CMB Defined Contribution Retirement Accounts:
-401(a) [legacy retirement account]
Firefighters' Pension Relief Fund ("175 share plan")*
- Police Officers' Pension Relief Fund ("185 share plan")*
*This is funded by rebate of excise tax on property and casualty insurance premiums.These funds
must be used exclusively for firefighter and police pensions.
Note:A limited number of employees(management team)also have 457(b)deferred retirement
accounts in which an amount is funded by the City.
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MBERP(Unclassified and Others)Pension Summary of Benefits:
Tier A
• 401a Retirement Plan
• Eligible retirement age 50
• 3% multiplier for first 15 years;4% multiplier for each year in excess of 15 years
• Maximum benefit is 90%of Final Average Monthly Earnings(FAME)
• Hire effective date prior to 10/18/1992
• There are no active employees remaining in this group
Tier B
• Employment effective date 10/18/1992 (with pension and retiree health contribution
reform effective 3/18/2006—Ordinance 2006-3504 and 3505)
• Eligible retirement age 55 with 5-year vesting criteria
• 3% multiplier; Maximum of 80%of FAME
• Health benefits for retirees hired before 3/18/2006 determined each year as part of the
budget process,currently approximately 50%of premium
• Health benefits for retirees hired on or after 3/18/2006 is a stipend of $10 for each
creditable year of service, up to maximum of$250 a month for under age 65; $5 for each
creditable year of service, up to maximum of$125 a month for 65 and older
Tier C
• Employment effective date 9/30/2010
• Eligible retirement age 62 with 5-year vesting criteria
• 2.5% multiplier; Maximum of 80%of FAME
• Health benefits for retirees hired before 3/18/2006 determined each year as part of the
budget process, currently approximately 50%of premium
• Health benefits for retirees hired on or after 3/18/2006 is a stipend of $10 for each
creditable year of service, up to maximum of$250 a month for under age 65; $5 for each
creditable year of service, up to maximum of$125 a month for 65 and older
•
Page 824 of 1166
FIRE Pension Summary of Benefits:
Hired before July 14,2010:
• Multiplier 3%for first 20 years of creditable service,then 4%-
• Normal retirement date of age 50 as provided in current pension plan,except that a member must
attain the age of 47 to be eligible for "Rule of 70" (years of service plus age) or reach 85% of
benefit cap regardless of age
• Three(3) highest or last paid years of creditable services for FAME
• 2.5%COLA
• Maximum benefit of 85%of pensionable income(except those who attained an 85%benefit as of
September 30,2013, retain a maximum benefit of 90%of pensionable income)
• Vested after 5 years of creditable service
• 10%employee pension contribution
Hired on or after July 14,2010, but prior to September 30,2013,everything in the previous tier except:
• Normal retirement date of age 50 as provided in current pension plan,except that a member must
attain the age of 48 to be eligible for "Rule of 70" (years of service plus age) or reach 85% of
benefit cap regardless of age
• 1.5%COLA
• Maximum pension benefit is 85%of pensionable income
• Employees who become retirees as of July 14, 2010 receive same contribution towards health
insurance as active employees
• Employees hired after July 14, 2010, shall receive a monthly stipend of$29.77 for each year of
service,subject to annual CPI increase
Hired on or after September 30,2013,but prior to June 8,2016,everything in the previous tier except:
• Five(5) highest or last paid years of creditable services for FAME
• 10.5%employee pension contribution
Hired after June 8,2016,but prior to May 8,2019,everything in the previous tier except:
• Normal retirement age shall be 52; however, under the"Rule of 70" retirement,a member must
attain a minimum age of 48 or reach the 85%of benefit cap regardless of age
Hired after May 8,2019,everything in the previous tier except:
• Vested after 10 years of creditable service
• Shall not receive credit for prior creditable time in Miami Beach General Employee Pension Plan
Deferred Retirement Option Plan(DROP)
• 8-year(96 months)DROP available
PEHP(Post Employee Health Plan):
• FIRE members contribute$50 bi-weekly
• Upon separation or DROP,employees contribute 10%of total accrued leave to PEHP
8
Page 825 of 1166
POLICE Pension Summary of Benefits:
Hired before July 14,2010:
• Multiplier 3%for first 20 years of creditable service,then 4%
• Normal retirement date of age 50 as provided in current pension plan,except that a member must
attain the age of 47 to be eligible for "Rule of 70" (years of service plus age) or reach 85% of
benefit cap regardless of age
• Three(3) highest or last paid years of creditable services for FAME
• 2.5%COLA
• Maximum pension benefit is 85%of pensionable income
• Vested after 5 years of creditable service
• 10%employee pension contribution
Hired on or after July 14,2010,but prior to September 30,2013,everything in the previous tier except:
• Normal retirement date of age 50 as provided in current pension plan,except that a member must
attain the age of 48 to be eligible for "Rule of 70" (years of service plus age) or reach 85% of
benefit cap regardless of age
• 1.5%COLA
• Employees who become retirees as of July 14, 2010 receive same contribution towards health
insurance as active employees
• Employees hired after July 14, 2010, shall receive a monthly stipend of$29.77 for each year of
service,subject to annual CPI increase.
Hired on or after September 30,2013, but prior to July 20,2016,everything in the previous tier except:
• Five(5)highest or last paid years of creditable services for FAME
• 10.5%employee pension contribution
Hired on or after July 20,2016,but prior to July 31,2019,everything in the previous tier except:
• Normal retirement date shall be 52; however, under "Rule of 70" retirement, a member must
attain a minimum age of 48 or reach 85%of benefit cap regardless of age
Hired after July 31,2019,everything in the previous tier except:
• Vested after 10 years of creditable service
• Shall not receive credit for prior creditable time in Miami Beach General Employee Pension Plan
Deferred Retirement Option Plan(DROP)
• 8-year(96 months)DROP available
PEHP(Post Employee Health Plan):
• FOP members contribute$25 bi-weekly
• Upon separation or DROP,employees contribute 10%of total accrued leave to PEHP
9
Page 826 of 1166
From: 1211331esntck
To: Hernandez.Lana
Cc: Alpizar.Marla;Fredricka Green u . ;Walter Clarit JR;Mickey Green
Subject: Government Supervisors Association of Florida/OPEIU Local 100("GSAF")Ratification Vote
Date: Thursday,September 29,2022 3:23:51 PM
Importance: High
Dear Lana,
GSAF President Fredricka Green and the union's Miami Beach Bargaining Unit Representative,
Mickey Green, have instructed me to inform the City that as of this date,the GSAF Miami Beach
membership has voted to ratify the tentatively agreed-to 2021—2024 collective bargaining
agreement.
We now await the approval of the City Commission—hopefully,sooner than later, in order to begin
the implementation of the wage increases and other modified benefits provided by the terms of this
new labor contract.
Regards,
Doff
Don Slesnick
GSAF General Counsel
Law Offices of Slesnick& Casey, LLP
The Biltmore
1200 Anastasia Avenue, Suite CCA-100
Coral Gables, Florida 33134
Tel: 305/448-5672
Fax: 305/448-5685
donslesnick( scllp.com
Page 827 of 1166