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20161026 BMCommission Meeting (Presentations & Aw ards) City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive October 26, 2016 - 4:00 PM Mayor Philip Levine Commissioner John Elizabeth Aleman Commissioner Ricky Arriola Commissioner Michael Grieco Commissioner Joy Malakoff Commissioner Kristen Rosen Go nzalez Commissioner Micky Steinberg City Manager Jimmy L. Morales City Attorney Raul J. Aguila City Clerk Rafael E. Granado Visit us at www.miamibeachfl.gov for agendas and video streaming of City Commission Meetings. AT TENTION ALL LOBBYISTS Chapter 2, Article VII, Division 3 of the City Code of Miami Beach, entitled "Lobbyists," requires the registration of all lobbyists w ith the Office of the City Clerk prior to engaging in any lobbying activity w ith the City Commission, any City Board or Committee, or any personnel as defined in the subject Code sections. Copies of the City Code sections on lobbyists law s are available in the Office of the City Clerk. Questions regarding the provisions of the Ordinance should be directed to the Office of the City Attorney. To request this material in alternate format, sign language interpreter (f ive-day notice required), inf o rmation o n access f or perso ns with disabilities, and/or any accommodatio n to review any document or participate in any city-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then option 6; TTY users may call via 711 (Florida Relay Service). In order to ensure adequate public consideration, if necessary, the Mayor and City Commission may mo ve any agenda item to an alternate meeting. In additio n, the Mayor and City Commissio n may, at their discretion, adjourn the Commission Meeting without reaching all agenda items. AGENDA KEY Presentations and Awards:Regular Agenda: PA - Presentations and Awards R2 - Competitive Bid Reports R5 - Ordinances Consent Agenda:R7 - Resolutions C2 - Competitive Bid Reports R9 - New Businesses & Commission Requests C4 - Commissio n Committee Assignments R10 - City Attorney Reports C6 - Commissio n Committee Reports C7 - Resolutions Reports and Informational Items Page 1 of 104 AGENDA 1.CALL TO ORDER 2.PLEDGE OF ALLEGIANCE 3.REQUEST FOR ADDITIONS, WITHDRAWALS, AND DEFERRALS Presentations and Aw ards PA 1 EMPLOYEE PERFORMANCE RECOGNITION. Of fice of the City Manager PA 2 ETHICAL HERO AWARD RECOGNTION. Of fice of the City Manager PA 3 EMPLOYEE SUGGESTION PROGRAM RECOGNITION. Of fice of the City Manager PA 4 CERTIFICATES OF APPRECIATION TO BE PRESENTED TO THE STUDENT VOLUNTEERS OF ADAPTIVE BEACH DAYS HOSTED BY THE SABRINA COHEN FOUNDATION. Co mmissioner Jo y Malakof f PA 5 PROCLAMATION TO BE PRESENTED TO MR. DARREN BUCKNER, ACTIVE COMMUNITY MEMBER AND OWNER OF DARREN BUCKNER MARTIAL ARTS. Commissioner John Elizabeth Aleman PA 6 CERTIFICATES OF RECOGNITION TO BE PRESENTED TO LIEUTENANT JED BURGER, SERGEANT JOSE REINA AND THE OCEAN DRIVE TEAM FOR THEIR EXEMPLARY SERVICE IN THE ENTERTAINMENT DISTRICT ON SEPTEMBER 2, 2016. Commissioner John Elizabeth Aleman CONSENT AGENDA C4 - Commission Committee Assignments C4 A REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO CONSIDER APPROVING THE PLACEMENT OF A PLAQUE AT THE BELLE ISLE PARK FLAG POLE DEDICATED TO THE HEROIC MEN AND WOMEN IN THE ARMED FORCES AND FIRST RESPONDERS FOR THEIR SERVICE. Commissioner John Elizabeth Aleman REGULAR AGENDA R5 - Ordinances R5 A AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE MIAMI BEACH CITY CODE, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE II, ENTITLED "METERED PARKING," BY AMENDING DIVISION I, ENTITLED "GENERALLY," BY AMENDING SECTION 106-46, ENTITLED "INDIVIDUAL PARKING SPACE; METHOD OF PARKING"; BY CREATING SUBSECTION (C), SCOOTER, MOPED, MOTORCYCLE DESIGNATED PARKING SPACES AND PROHIBITIONS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. First Reading Parking Page 2 of 104 Def erred f rom Octo ber 19, 2016 - R5 Z Commissioner John Elizabeth Aleman R5 B AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: IN ACCORDANCE WITH THE NEGOTIATED COLLECTIVE BARGAINING AGREEMENT, PROVIDING FOR QUALIFYING INCUMBENTS IN THE CLASSIFICATIONS IN GROUP I, REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, (AFSCME), LOCAL NO. 1554, AS FOLLOWS: EFFECTIVE THE FIRST PAY PERIOD ENDING IN APRIL OF 2016, THERE SHALL BE AN ACROSS THE BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF ONE PERCENT (1%), AND THE MINIMUM AND MAXIMUM OF EACH SALARY RANGE WILL ALSO BE INCREASED BY ONE PERCENT (1%); EFFECTIVE THE FIRST PAY PERIOD ENDING IN JULY OF 2017, THERE SHALL BE AN ACROSS THE BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND THE MINIMUM AND MAXIMUM OF EACH SALARY RANGE WILL ALSO BE INCREASED BY THREE PERCENT (3%); EFFECTIVE THE FIRST PAY PERIOD ENDING IN JULY OF 2018, THERE SHALL BE AN ACROSS THE BOARD COST-OF- LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND THE MINIMUM AND MAXIMUM OF EACH SALARY RANGE WILL ALSO BE INCREASED BY THREE PERCENT (3%); ADDING RECREATION ATTENDANT CLASSIFICATION INTO BARGAINING UNIT; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE AND CODIFICATION. First Reading Human Resources Mayor Philip Levine R7 - Resolutions R7 A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RATIFYING A THREE (3) YEAR LABOR AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME), LOCAL 1554, FOR THE PERIOD FROM MAY 1, 2016 THROUGH APRIL 30, 2019; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT. Human Resources Def erred f rom Octo ber 19, 2016 - R7 M R7 B A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, OPPOSING FLORIDA AMENDMENT 1 (2016), WHICH AMENDMENT SHALL BE SUBMITTED TO FLORIDA’S VOTERS ON NOVEMBER 8, 2016, ON THE BASIS THAT AMENDMENT 1 WOULD CONSTITUTIONALIZE BARRIERS AGAINST CONSUMERS WHO DESIRE TO OWN OR LEASE SOLAR ENERGY EQUIPMENT. Enviro nment and Sustainability Commissioner John Elizabeth Aleman Page 3 of 104 Commission Committe e Assignme nts - C4 A COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Commissioner John Elizabeth Aleman DAT E:October 26, 2016 SUBJECT:REFERRAL TO THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO CONSI DER APPROVI NG THE PLACEMENT OF A PLAQUE AT THE BELLE ISLE PARK FLAG POLE DEDICATED TO THE HEROIC MEN AND WOMEN IN THE ARMED FORCES AND FIRST RESPONDERS FOR THEIR SERVICE. ANALY SIS Please place on the October 26, 2016 City Commission Presentations & Awards Meeting Agenda a referral to the Neighborhood/Community Affairs Committee to consider the placement of a commemorative plaque at the Belle Isle Park flag pole dedicated to first responders and members of the armed f orces. This request is also directed to City Manager Jimmy Morales. The Belle Isle Residents Association has recently worked together with City Staff on the placement of a flag pole at Belle I sle Park. With the placement of the f lag pole completed, there is a strong desire by the residents to place a commemorative plaque at the foot of the f lag pole dedicated to the heroic men and women who serve. Exhibit A presents the proposed plaque design for your consideration. Legislative Tracking Commissioner John Elizabeth Aleman ATTACHMENTS: Description Exhibit A - Belle Isle Plaque Page 4 of 104 Page 5 of 104 Ordinance s - R5 A COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:October 26, 2016 First Reading SUBJECT:AN ORDI NANCE OF THE MAYOR AND CI TY COMMISSION OF THE CITY OF MI AMI BEACH, FLORIDA, AMENDI NG CHAPTER 106 OF THE MIAMI BEACH CITY CODE, ENTITLED "TRAFFI C AND VEHICLES," BY AMENDING ARTICLE II, ENTITLED "METERED PARKI NG," BY AMENDING DIVI SION I, ENTITLED "GENERALLY," BY AMENDI NG SECTION 106-46, ENTITLED "I NDIVIDUAL PARKING SPACE; METHOD OF PARKING"; BY CREATING SUBSECTION (C), SCOOTER, MOPED, MOTORCYCLE DESIGNATED PARKING SPACES AND PROHI BITIONS; PROVI DING FOR CODIFICATION, REPEALER, SEVERABILI TY, AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the Mayor and Commission approve the ordinance on first reading and schedule a second and final public hearing. ANALY SIS The City has experienced increased utilization of alternative vehicles, including scooters and motorcycles, which are environmentally f riendly due to their low emissions as well as low expense to own, operate, and maintain. This increased usage of scooters and motorcycles has directly impacted parking demand and competition f or curbside parking spaces. Regrettably, an unintended consequence has been citizens placing a scooter or motorcycle at a parking space with the intent to “reserve” it for later placement of an automobile, despite availability and specif ic designation of parking for scooters and motorcycles in the immediate area. Reserving a public parking space with the intent of private use, by any means, is prohibited. The City has the authority and duty to regulate curbside parking, including either prohibiting or allowing curbside parking for certain types of vehicles at certain designated parking spaces. The Mayor and Commission approved a six (6) month pilot program allowing scooter and motorcycle parking at certain designated parking spaces and their prohibition at certain other parking spaces. North Beach/Normandy Isle - Pilot Program Page 6 of 104 The scooter and motorcycle parking pilot program was deployed over the last six months in Normandy Isle where there was a high occurrence of the activity described above. The boundaries for the pilot program were as f ollows: · Bay Drive between 71st Street and Rue Versailles. · Biarritz Drive between Rue Versailles and Rue Vendome. · Brest Esplanade between Biarritz Drive and Bay Drive. · Rue Vendome between 71st Street and Biarritz Drive. New Parking Rules for Scoote rs and Motorcycles: The pilot program designated specific curbside parking spaces for scooters and motorcycles throughout the neighborhood. In most locations, groupings of curbside parking spaces were deployed. T hese areas had signs very similar to the one below providing notice at the perimeter of the neighborhood (left) as well as the posted restriction (right) indicating the parking space designation. (Please see attached Exhibit Pictures A & B) All other curbside parking spaces in the area have markings prohibiting scooter and motorcycle parking. Most curbside parking spaces in this neighborhood are angled. Each angled parking space has wheel stop (barrier that keeps an automobile from extending into the sidewalk). Markings very similar to the one below were placed on each wheel stop indicating scooter and motorcycle parking is prohibited at any parking space bearing this marking. In cases where curbside parking is in a parallel configuration, the sign below may be attached to the curb in concert with signage. (Please see attached Exhibit Picture C) CONCLUSION In conclusion, the Administration recommends that the Mayor and City Commission approve an amendment, on first reading, to Chapter 106, “Traffic and Vehicles” Article II, “Metered Parking” by amending Sections 106-46; establishing, Subsection (c), providing f or scooter, moped, and motorcycle parking designations; and providing f or codif ication, repealer, severability, and an ef f ective date. Legislative Tracking Parking Sponsor Commissioner John Elizabeth Aleman ATTACHMENTS: Description Page 7 of 104 Exhbit Pictures Ordinance Page 8 of 104 Exhibits A. B. C. Page 9 of 104 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 106 OF THE MIAMI BEACH CITY CODE, ENTITLED "TRAFFIC AND VEHICLES," BY AMENDING ARTICLE II, ENTITLED "METERED PARKING," BY AMENDING DIVISION I, ENTITLED "GENERALLY," BY AMENDING SECTION 106-46, ENTITLED "INDIVIDUAL PARKING SPACE; METHOD OF PARKING"; BY CREATING SUBSECTION (C), SCOOTER, MOPED, MOTORCYCLE DESIGNATED PARKING SPACES AND PROHIBITIONS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City has experienced increased utilization of alternative vehicles, which include scooters, mopeds and motorcycles, which are environmentally friendly due to their low emissions and fuel consumption as well as their low expense to own, operate, and maintain; and WHEREAS, the increased usage of scooters, mopeds and motorcycles has directly impacted parking demand and competition for on-street parking spaces, and results in these vehicles parking in conventional parking spaces (thereby causing some individuals to reserve the parking space for the placement of an automobile), despite the availability and specific designation of parking for scooters, mopeds and motorcycles in the immediate area; and WHEREAS, the City Manager and Parking Director are legally authorized to regulate on- street parking, including the prohibition or allowance of parking for certain vehicles at certain designated parking spaces; and WHEREAS, the City conducted a six (6) month pilot program in the North Beach/Normandy Isle neighborhood that allowed scooter, moped and motorcycle parking at certain designated parking spaces, and prohibited these vehicles from parking in other spaces, which Program proved to be very successful for the City and its residents; and WHEREAS, this amendment will serve to authorize the Parking Director to designate those specific parking spaces for scooters, mopeds and motorcycles throughout the City of Miami Beach, in conjunction with prohibiting these vehicles from utilizing other parking spaces. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Chapter 106, "Traffic and Vehicles," Article II, "Metered Parking," Division 1, "Generally," Section 106-46, entitled, "Individual Parking Space; Method of Parking Subsection (c) of the Code of the City of Miami Beach, Florida, is hereby established, as follows: Chapter 106. Traffic and Vehicles Article II. Metered Parking Division. 1 Generally Page 10 of 104 Sec. 106-46. Individual parking spaces; method of parking. (a) The parking director of the city shall have lines or markings painted or placed upon the curb or upon the street adjacent to each parking meter for the purpose of designating the parking space for which such meter is to be used, and each vehicle parked adjacent or next to any parking meter shall park within the lines or markings so established. It shall be unlawful to park any vehicle across any such line or marking or to park such vehicle in such position that the same shall not be entirely within the area so designated by such lines or markings. (b) When a parking space in any parking meter zone is parallel with the adjacent curb or sidewalk, any vehicle parked in such parking space shall be parked so that the foremost part of such vehicle shall be nearest to the parking meter. When a parking space in any parking meter zone is diagonal to the curb or sidewalk, any vehicle parked in such parking space shall be parked with the foremost part of the vehicle nearest to such meter. (c). The parking director of the city may designate curbside parking spaces for scooter, moped, and motorcycle parking in either individual parking spaces or groupings of parking spaces. Parking spaces with such designation shall have either posted signs, curb markings, or pavement markings promulgating scooter, moped and motorcycle parking only. Parking for scooter, moped and motorcycles may be prohibited at other curbside parking spaces. Parking spaces with such designation shall either have a posted sign, curb markings or pavement markings promulgating the prohibition of scooter, moped and motorcycle parking, The failure to adhere to such restrictions will result in the vehicle being towed and/or fined. SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 2 Page 11 of 104 SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten (10) days following adoption. PASSED AND ADOPTED this day of , 2016. ATTEST: PHILIP LEVINE, MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION RAFAEL GRANADO, CITY CLERK Underscore denotes new language (Sponsored by Commissioner John Elizabeth Aleman) 3 Page 12 of 104 Ordinance s - R5 B COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:October 26, 2016 First Reading SUBJECT:AN ORDI NANCE OF THE MAYOR AND CI TY COMMISSION OF THE CITY OF MI AMI BEACH, FLORIDA, AMENDI NG ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CI TY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: IN ACCORDANCE WITH THE NEGOTIATED COLLECTIVE BARGAINI NG AGREEMENT, PROVI DI NG FOR QUALIFYING I NCUMBENTS IN THE CLASSI FI CATI ONS I N GROUP I , REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNI CI PAL EMPLOYEES, (AFSCME), LOCAL NO. 1554, AS FOLLOWS: EFFECTIVE THE FI RST PAY PERIOD ENDING IN APRI L OF 2016, THERE SHALL BE AN ACROSS THE BOARD COST-OF- LI VING ADJUSTMENT (COLA) OF ONE PERCENT (1%), AND THE MINI MUM AND MAXI MUM OF EACH SALARY RANGE W I LL ALSO BE I NCREASED BY ONE PERCENT (1%); EFFECTIVE THE FIRST PAY PERIOD ENDING I N JULY OF 2017, THERE SHALL BE AN ACROSS THE BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND THE MINI MUM AND MAXI MUM OF EACH SALARY RANGE W I LL ALSO BE I NCREASED BY THREE PERCENT (3%); EFFECTIVE THE FIRST PAY PERIOD ENDING I N JULY OF 2018, THERE SHALL BE AN ACROSS THE BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND THE MINI MUM AND MAXI MUM OF EACH SALARY RANGE W I LL ALSO BE I NCREASED BY THREE PERCENT (3%); ADDING RECREATI ON ATTENDANT CLASSI FI CATI ON INTO BARGAINI NG UNI T; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILI TY, AN EFFECTIVE DATE AND CODI FI CATI ON. RECOMMENDATION The Administration recommends the City Commission approve the ordinance and set a second reading public hearing for November 9, 2016. ANALY SIS The City of Miami Beach has the following five (5) classified employee groups that are represented by bargaining units: • 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; Page 13 of 104 • Group III - Represented by the I nternational Association of Firefighters (I AFF) Local 1510; • Group IV - Represented by the Communications Workers of America (CWA) Local 3178; and • Group V - Represented by the Government Supervisors Association of Florida (GSAF), OPEI U, Local 100. In addition, the City has one classified employee group, Group VI , comprising all other classifications in the classified service not covered by a bargaining unit. This group is commonly ref erred to in the City of Miami Beach as “Others”. There is a seventh salary group comprised of at-will employees commonly referred to as Unclassified. The Administration will be presenting a separate item bef ore the City Commission during the October 26, 2016, City Commission meeting requesting approval to ratif y a three-year labor agreement between the City and AFSCME for the period of May 1, 2016 through April 30, 2019. Included in the AFSCME collective bargaining agreement is a provision that requires amendments to the Classified Salary Ordinance (Ordinance No. 789). The first amendment calls f or the implementation of a one percent (1%) across the board cost of living adjustment (COLA), effective the first f ull pay period ending April of 2016, for all bargaining unit employees covered by AFSCME, and providing f or an increase to the minimum and maximum of each pay range correspondingly by one percent (1%). The one percent (1%) COLA, effective with the first f ull pay period in April of 2016, represents an impact of approximately $87,500 f or members covered by the AFSCME. The second amendment calls for the implementation of a three percent (3%) across the board COLA, ef f ective the first full pay period ending July of 2017, f or all bargaining unit employees covered by the AFSCME, and providing for an increase to the minimum and maximum of each pay range correspondingly by three percent (3%). The three percent (3%) COLA, ef f ective with the first f ull pay period in July of 2017, represents an impact of approximately $310,000 for members covered by the AFSCME. The third amendment calls for the implementation of a three percent (3%) across the board COLA, ef f ective the first full pay period ending July of 2018, f or all bargaining unit employees covered by the AFSCME, and providing for an increase to the minimum and maximum of each pay range correspondingly by three percent (3%). The three percent (3%) COLA, ef f ective with the first f ull pay period in July of 2018, represents an impact of approximately $855,000 for members covered by the AFSCME. The impact over a three year period is $1,252,500. The estimated f igures do not take into consideration current turnover rates or vacant positions; however, the Administration anticipates the impact of such to be minimal. Any of the aforementioned classif ied employees who separate from employment with the City prior to the date of implementation of the COLA’s, will not be eligible to receive the COLA increases. Pursuant to the terms of the collective bargaining agreement with AFSCME and PERC ruling (PERC Case No. UC-014-020, Certification 379 Order No. 14E-291), the Recreation Attendant classification was added into listing of bargaining unit positions. CONCLUSION Page 14 of 104 Based upon the agreed upon terms between the City and AFSCME, and the City Commission’s ratif ication of said agreement, the Administration recommends amending Ordinance No. 789, as set f orth above and in the applicable collective bargaining agreement between the parties. The Administration recommends the City Commission approve the ordinance and set a second reading public hearing f or November 9, 2016. Legislative Tracking Human Resources Sponsor Mayor Philip Levine ATTACHMENTS: Description Salary Ordinance - AFSCME Page 15 of 104 ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING ORDINANCE NO. 789, THE CLASSIFIED EMPLOYEES SALARY ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: IN ACCORDANCE WITH THE NEGOTIATED COLLECTIVE BARGAINING AGREEMENT, PROVIDING FOR QUALIFYING INCUMBENTS IN THE CLASSIFICATIONS IN GROUP I, REPRESENTED BY THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, (AFSCME), LOCAL NO. 1554, AS FOLLOWS: EFFECTIVE THE FIRST PAY PERIOD ENDING IN APRIL OF 2016, THERE SHALL BE AN ACROSS THE BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF ONE PERCENT (1%), AND THE MINIMUM AND MAXIMUM OF EACH SALARY RANGE WILL ALSO BE INCREASED BY ONE PERCENT (1%); EFFECTIVE THE FIRST PAY PERIOD ENDING IN JULY OF 2017, THERE SHALL BE AN ACROSS THE BOARD COST-OF-LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND THE MINIMUM AND MAXIMUM OF EACH SALARY RANGE WILL ALSO BE INCREASED BY THREE PERCENT (3%); EFFECTIVE THE FIRST PAY PERIOD ENDING IN JULY OF 2018, THERE SHALL BE AN ACROSS THE BOARD COST-OF- LIVING ADJUSTMENT (COLA) OF THREE PERCENT (3%), AND THE MINIMUM AND MAXIMUM OF EACH SALARY RANGE WILL ALSO BE INCREASED BY THREE PERCENT (3%); ADDING RECREATION ATTENDANT CLASSIFICATION INTO BARGAINING UNIT; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE AND CODIFICATION WHEREAS, classified employees are 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 Ill 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"); and WHEREAS, the City of Miami Beach has approximately 1,634 classified employees; and WHEREAS, included in the proposed agreement between the City and AFSCME for a three year period from May 1, 2016, through April 30, 2019, are provisions for the implementation of a one percent (1%) across-the-board cost-of-living adjustment (COLA), effective the first pay period ending in April of 2016, for all classified employees represented by AFSCME, with a corresponding one percent (1%) increase to the minimum and maximum of each classification's salary range; a three percent (3%) across-the-board COLA, effective the first pay period ending in July of 2017, for all classified employees represented by AFSCME, with a corresponding three percent (3%) increase to the minimum and maximum of each classification's salary range; a three Page 16 of 104 percent (3%) across-the-board COLA, effective the first pay period ending in July of 2018, for all classified employees represented by AFSCME, with a corresponding three percent (3%) increase to the minimum and maximum of each classification's salary range; and WHEREAS, classified employees represented by AFSCME collective bargaining unit who separated from employment with the City prior to the date of implementation of the COLA (effective the first pay period ending in April of 2016; effective the first pay period ending in July of 2017; and effective the first pay period ending in July of 2018) will not be qualifying incumbents and will not be eligible for the COLA increases; and WHEREAS, the estimated impact for employees covered by AFSCME bargaining unit in the FY 2015/16 operating budget is $87,500; for the FY 2016/17 operating budget the estimated impact is $310,000; and for the FY 2017/18 operating budget the estimated impact is $855,000; and WHEREAS, there is a need to add the Recreation Attendant classification into the listing of bargaining unit positions, per PERC ruling (PERC Case No. UC-014-020, Certification 379 Order No. 14E-291); and WHEREAS, there is a need to amend the salary ranges of classified employees represented by AFSCME collective bargaining unit in order to ensure that the City has an employee classification and compensation system that is fair and internally and externally competitive; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS: [This Section Intentionally Left Blank] Page 17 of 104 SECTION 1. The following one percent (1%) increase to the minimum and the maximum of the salary ranges and a one percent (1%) COLA for qualifying incumbents shall be effective the first pay period ending in April of 2016. Qualifying incumbents covered by AFSCME bargaining unit shall receive a one percent (1%) COLA provided that the employee's base salary does not exceed the maximum of his or her salary range for the classifications established in the section below. Salary Grades and Ranges GRADE 30 29 28 27 26 25 24 MINIMUM ANNUAL Annual salary 146,373.37 SALARY based on 2080 hours 147,837.10 MAXIMUM ANNUAL per year 259,629.78 SALARY 262,226.08 139,320.29 247,119.37 140 713.49 249,590 56 126,217.30 223,877.95 127 479.47 226 116.73 120,135 45 213,090.25 121,336 80 215,221.15 103,592.12 4837744-06 104,628 34 185 584 53 98,600.76 99 586 77 176 642.03 93,849.63 171,893.10 94 788.13 168 130.42 166,465.76 23 80,926 23 81,735.49 132,371 24 133,697 98 22 73,315.17 74 048.32 119,924 53 121,123 78 21 66,119.92 67 084.12 108,615.71 109 732 17 20 60,183.111 60 785 01 98,427.66 99 411.94 19 57,273.70 57 846.44 93,681.85 94 621.70 18 51,513.93 55 059.07 8971-70,-59 90 062.30 17 52 406.01 85 722.60 51,887.14 84787-3,36 16 49,386.93 49 880.80 81 592 00 30,784.16 15 47,007.19 47 477 26 76,891.53 77 660.45 14 41,742.12 45 189.54 73 918.32 73,186.46 13 42,586.19 43 012.05 69,659.93 70 356.53 12 '10,5%34G 40 948.59 66,303.32 66 966.35 11 38 966.80 63 739 54 38,580.99 03,108.46 10 36,721.94 37 089.16 6074367-54 60 668 22 9 31,952.47 35 301.99 57,173.15 57 744.88 8 33,268 27 33,600.95 54,118.22 54,962.40 7 11,665 22 31,981 87 51,796.05 52,314.01 6 30,139.11 30 440 80 49,300.22 49 793 22 5 28,687.12 28 973 99 ' 47 393 91 ,824.GC 4 27,304.81 27 577.86 41,663.57 45 110 21 3 25,989.12 26 249 01 42,511.13 42 936.54 2 21,736.82 24 984.19 40 867.62 40,462.99 1 23,544.85 23 780.30 38,513.25 38 898.38 Page 18 of 104 SECTION 2. The following three percent (3%) increase to the minimum and the maximum of the salary ranges and a three percent (3%) COLA for qualifying incumbents shall be effective the first pay period ending in July of 2017. Qualifying incumbents covered by AFSCME bargaining unit shall receive a three percent (3%) COLA provided that the employee's base salary does not exceed the maximum of his or her salary range for the classifications established in the section below. Salary Grades and Ranges GRADE 30 29 28 27 MINIMUM ANNUAL Annual salary 147,837.10 SALARY based on 2080 hours 152,272 22 MAXIMUM ANNUAL per year 262,226 08 SALARY 270 092 86 140,713.19 249,590.56 144 934.90 257,078 28 127,479.47 131,303.86 232 900.23 4247346780 226,116 73 215,221.15 124,976.91 221,677.79 26 101,628.34 107 767.19 191 152.07 99,586.77 185,584.53 25 102 574.37 181 941.29 91,788.13 176,612.03 168,130.12 24 97 631.77 173,174 33 133,697.9g 23 84 187 56 137 708.92 81,735.19 22 71,018.32 76 269.77 121,123.78 124 757.49 67,081.12 109,732 17 21 69 096.64 113,024.13 60778504 09,111.94 20 62 608.56 102 394.29 94,621.70 19 57,816.11 59 581.83 97 460.35 18 55,059.07 56 710 84 92 764 16 90,062.30 17 52,406.01 53 978.19 857722,60 88 294.28 16 497880,80 51 377.22 84759200 84 039.76 77,660.45 15 47,477.26 48 901.58 79 990.26 437189,54 73,918.32 14 46,545.23 76,135.87 13 43,012.05 44 302 41 72 467 23 70,356.53 12 42,177 05 68,975 34 40,918. 9 887966780 06,966.35 03,739.54 11 40 135.80 65 651.73 607668,24 10 38 201.83 62 488.26 37,089.16 35,301.99 9 36 361.05 57,711." 59 477 23 33,600.95 51,962.10 8 34 608 98 56 611.27 7 31,981.87 32,941 33 52,311 01 53,883.43 30,110.80 49,793.22 6 31 354.03 51 287.02 18,973.99 47,393.91 5 29 843.21 48 815.72 4 27,577,86 28,405.19 45,110.21 46 463.51 3 26,219.01 27 036.48 427986754 44 224.64 24,984.19 40,867.62 2 25 733 71 42 093 65 23,780.30 38,898.38 1 24 493 71 40 065 33 Page 19 of 104 SECTION 3. The following three percent (3%) increase to the minimum and the maximum of the salary ranges and a three percent (3%) COLA for qualifying incumbents shall be effective the first pay period ending in July of 2018. Qualifying incumbents covered by AFSCME bargaining unit shall receive a three percent (3%) COLA provided that the employee's base salary does not exceed the maximum of his or her salary range for the classifications established in this section below. Salary Grades and Ranges GRADE MINIMUM ANNUAL SALARY MAXIMUM ANNUAL SALARY Annual salary based on 2080 hours per year 30 152,272 22 156 840.38 278 195.65 144,931.90 270,092.86 29 149,282 94 264 790.63 257,078 28 28 131,303.26 135 242.97 232,900 23 239,887 24 27 124,976.91 128,726 22 228 328 12 221,677 79 26 107,767.19 111,000 21 191,152.07 196 886.63 102,574.37 105,651.60 187 399.53 25 97,631.77 181,941 29 24 100 560.72 178 369.56 84,187.56 173,174.33 92 23 86 713.18 141,840 19 137,708 22 76,269.77 78 557.86 128 500 21 69,096.64 121,757.19 21 71,169.54 116 414.86 113,024.13 20 627608,56 64 486 82 102,391 29 105,466.12 19 59,581.83 61 369 29 100 384.16 07,460.35 18 56,710.84 58 412.17 95 547.09 02,7614G 17 53,978.19 55,597 54 90 943 10 8849448 16 51,377 22 52,918.54 86 560 95 84$39,76 15 48,901.58 50 368 63 79,990.26 82 389.97 14 46,515.23 47 941 58 78 419.95 76,135.87 13 41,302.11 45 631.49 74 641.24 42,177.05 72,467.23 687945,34 12 43 442.36 71 044.60 11 40,135.80 41 339.88 67 621.28 38,201.83 65,651.73 10 39 347 89 64 362.91 62,188.26 9 36,361.05 37 451.89 59,177.23 61 261.54 8 31,608.98 35 647.25 58 309.61 32,941.33 56,611.27 7 33,929 57 55 499 93 53,883 13 6 31,3,4.03 32 294.65 52 825 63 29,813.21 51,287.02 5 30 738 51 50 280.20 28,405 19 48,815.72 46,463.51 4 29,257 35 47 857.42 3 27,036.48 27,847.58 64 45 551.38 41,221 2 25,733.71 26 505.73 43 356.46 24,493.71 42,093.65 1 25,228.52 41 267.29 40,065 31 Page 20 of 104 SECTION 4. Grades and Classifications CLASSIFICATION GRADE GRADE Irrigation System Supervisor 15 Sewer Supervisor 15 Street Supervisor 15 Tree Maintenance Supervisor 15 Water Supervisor 15 Fire Equipment Mechanic 14 Heavy Equipment Operator II 14 Mechanic III 14 Park Supervisor 14 Pumping Mechanic 14 Recreation Program Supervisor 14 Street Lighting Technician II 14 Building Supervisor 13 Heavy Equipment Operator I 12 Ice Rink Technician 12 Mechanic II 12 Sewer Pipefitter 12 Storekeeper III 12 Street Lighting Technician I 12 Water Pipefitter 12 Building Services Technician 11 Municipal Service Worker III 11 Sign Maker 11 Storekeeper II 11 Assistant Pumping Mechanic 10 Central Services Technician 10 Control Room Operator 10 Customer Service Representative 10 Page 21 of 104 Fleet Service Representative 10 Recreation Leader II 10 Storekeeper I 10 Tree Trimmer 10 Water Meter Technician II 10 Water Meter Technician I 09 Municipal Service Worker II 08 Museum Guard 07 Recreation Leader I 07 Municipal Service Worker I 06 Recreation Attendant 05 School Guard 05 Municipal Service Worker Trainee 04 SECTION 5. REPEALER. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 6. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on the day of , 2016. PASSED AND ADOPTED this day of , 2016. ATTEST: Philip Levine, Mayor Rafael E. Granado, City Clerk APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 4 1 *1 (- City Attorfi6y /_e Date Page 22 of 104 Resolutions - R7 A COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:October 26, 2016 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORIDA, RATIFYING A THREE (3) YEAR LABOR AGREEMENT BETW EEN THE CITY OF MIAMI BEACH AND THE AMERI CAN FEDERATI ON OF STATE, COUNTY AND MUNI CI PAL EMPLOYEES (AFSCME), LOCAL 1554, FOR THE PERIOD FROM MAY 1, 2016 THROUGH APRI L 30, 2019; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT. RECOMMENDATION Adopt the Resolution. ANALY SIS The City’s workforce is divided into seven salary groups: (1) those covered by the American Federation of State, County and Municipal Employees, Local 1554 (AFSCME) bargaining unit; (2) those covered by the Communications W orkers of America, Local 3178 (CWA) bargaining unit; (3) those covered by the Government Supervisors Association of Florida/OPEI U, Local 100 (GSA) bargaining unit; (4) those covered by the Fraternal Order of Police, William Nichols Lodge No. 8 (FOP) bargaining unit; (5) those covered by the International Association of Fire Fighters, Local 1510 (IAFF) bargaining unit; (6) Unclassif ied; and (7) “Others” (classified service employees not represented by a bargaining unit). Provisions in the October 1, 2009 – September 30, 2012, contracts resulted in savings to the City of over $15 million between Fiscal Years (FY) 2009/2010 and 2010/2011. Similar contributions from the unclassified and others salary groups increased the savings to $20 million. Many of these concessions were changes to the Miami Beach Employees’ Retirement Plan (MBERP) that resulted in reducing the City’s pension contribution both short and long-term. During the October 1, 2012 – September 30, 2015 contract period, the fire and police unions agreed to signif icant pension reform, which yielded a reduction of $145 million to the City's ARC over a 3O-year period (2013 net present value). The savings attributed to the 2013 pension ref orm have aided in the short and long-term sustainability of the plan. On April 30, 2016, the 2013-2016 collective bargaining agreement between the City and AFSCME expired. The parties began negotiating a successor agreement on March 2, 2016. Af ter nine (9) formal negotiation sessions, on September 22, 2016, the City and the AFSCME Page 23 of 104 leadership reached a tentative three-year agreement f or May 1, 2016 through April 30, 2019. The AFSCME leadership has scheduled a ratif ication vote on the proposed agreement on October 24, 2016, October 25, 2016, and October 26, 2016. I f approved by the majority of the membership, the result of the membership vote will determine the ef f ective date f or ratification of the three year labor agreement. The City Commission will be notif ied of the outcome through a Letter to Commission (LTC). The following is a summary of the newly negotiated terms between the parties: M ANAGEM ENT RIGHTS 4.2, Grievance Procedure: Time limit f or supervisor to respond if no settlement is reached at Step I extended from f ive to 15 working days; time limit f or employee to appeal to Step 2 extended from three to five days after Supervisor ’s answer in Step I; time limit for Department Head to discuss grievance at Step 2 with Union and respond to Union if no settlement is reached extended f rom three to 15 days; time limit for employees to appeal at Step 3 extended from three to f ive days; time limit f or City Manager’s designee f or Labor Relations to respond if no settlement is reached extended from five to 15 days. Effective upon ratification. 4.3, Binding Arbitration: Extend time limit for parties to agree on an arbitrator f rom ten to 15 days; time limit to notify arbitrator of his/her selection from f ive to 15 days. Ef f ective upon ratif ication. 8.2, Shift Differential: Provides f or language clarifying that shift dif f erential does not apply to OT, call-in, or standby work; only regular shift. 8.21, Health I nsurance: Removes requirement that City pay at least 50% of premium subsidy for new hires, upon ratification; eliminates consultation requirement with the Group I nsurance Board/Labor-Management Advisory Committee prior to changes in benefit levels; provides for use of employee leave when workers’ compensation benef it is exhausted; provides for cancellation of benef its for non-payment; also, provides f or re-opener if “cadillac tax” is implemented. Effective upon ratif ication. 10.1, Work Rules and I ncorporation of Personnel Rules: I ncorporates all Personnel Rules into agreement, except when in conf lict with contract provisions; effective upon ratification. 11, Drug and Alcohol Testing: Substances (drugs) tested for increased from ten to 11; also, provides for blood testing. Ef f ective upon ratif ication. 12, Conduct and Perf ormance Expectations: Provides f or a combined attendance track, which is inclusive of but not limited to absenteeism, tardiness, AW OL and f ailure to clock in/out. Further, provides the ability to consider other conduct and performance deficiencies, depending on severity, when issuing discipline. The City shall draf t revised work rules and engage in impact bargaining with the Union, if requested. 13, MOUs and Side Agreements: MOUs and side agreements will be listed in the labor agreement. Page 24 of 104 PENSION 8.18, Pension, DROP & Retiree Health: Provides for either party to reopen this section, 18 months from the date of ratification. COST-OF-LIVING ADJUSTM ENTS (COLA) 8.1, Wages: • 1% 4/1/2016 • 3% 7/1/2017 • 3% 7/1/2018 The performance appraisal rating scale changed from 0-100 to 1-5. Also, provides f or 2% merit increases for a score of 3 or above. Remove language ref erring to 2009 Condrey study (clean-up) OTHER FISCAL ITEM S 7.4, Overtime: Holiday leave shall count as time worked for the purpose of computing overtime; ef f ective upon ratif ication. 7.7, Paid Leave as Time W orked f or Purpose of Computing Overtime: Provides f or the Public W orks Director, or his designee, to send an employee home on administrative leave to rest af ter working twenty (20) hours or more in a 24-hour period, as a result of an operational emergency or management need; such period of administrative leave shall be considered as time worked for the purposes of computing overtime. Ef f ective upon ratification. 7.12, Call-I n and Call-Back Pay: Clarifying language provides to ensure the equitable distribution of overtime opportunity, on-call/call-in hours worked or offered shall be added to the employee’s total on the overtime roster. Ef f ective upon ratif ication. 7.14, Standby: Provides f or employees to be paid both the Call-Back pay and the Standby Bonus f or the same day, if called back more than once on the same day; management may call back employees qualified to the job, including crossing working groups within the AFSCME bargaining unit. Also, extends the time an employee assigned to standby must report to the worksite from 30 to 45 minutes. Effective upon ratif ication. 8.4, Holiday Pay: Holiday leave shall count as time worked for the purpose of computing overtime; effective upon ratification. Also, if an employee requests time of f on a holiday falling on the employee’s regularly scheduled work day, he/she shall be paid holiday pay at straight time for eight (8) or ten (10) hours of pay, whichever is applicable, and it shall not count against his/her accumulated leave; such request shall be considered and approved in the same manner as vacation requests. Removes word “serious” f rom language referring to absence due to illness or injury. 8.5, Rate of Pay When Working Out of Classif ication: Out of class pay increased f rom $1 to $2 per hour, eff ective 10/1/2016. Page 25 of 104 8.9, Meal Allowance: Provides to pay $7 meal allowance f or an employee who works 3 consecutive hours or more of pre-shift or post-shif t overtime, commencing within 30 minutes of regular shift starting or ending time. Effective upon ratif ication. 8.11, Tool Allowance: Tool allowance increased from $40 to $45 per pay period for employees in the Mechanic II, Mechanic III and Fire Equipment Mechanic job classifications; effective 10/1/16. 8.16, Pay for Hazard Duty: Hazard duty pay increased from $1 to $2 per hour, effective 10/1/16. 8.20, Skill Pay Supplement: Provides f or a one-time $2,500 (non-pensionable) payment for those employees who have Waste Water and/or Water license as of September 22, 2016. Ef f ective upon ratif ication. 8.23, Landf all Team: Provides to add one (1) hour of Administrative Hurricane Pay for each of the first eight (8) hours worked for up to three (3) consecutive days. The Administrative Hurricane Pay will be in addition to all hours worked compensated at a pay rate of one and one- half of the employee’s hourly rate of pay. 10.14, Perfect Attendance Bonus: Increase perfect attendance bonus lump sum payment from $300 to $400 (non-pensionable). Effective upon ratif ication. 10.18, Educational Leave: Tuition reimbursement rates increased to the levels recently implemented for unclassified and “other” employees, non-pensionable; ef f ective upon ratif ication. M ISCELLANEOUS 1.2, Bargaining Unit: Addition of Recreation Attendant classification into listing of bargaining unit positions, per PERC ruling. PERC Case No. UC-014-020, Certification 379 Order No. 14E-291 1.5, Information to be Provided to Union by City: Requires the City to provide, upon written request, information for each employee in the bargaining unit represented by the Union; information may be requested twice every calendar year. 4.1, Def inition of Grievance and Time Limit for Filing: Time limit for filing a grievance extended from ten to 15 working days after the event giving rise to the grievance or af ter the employees, through the use of reasonable diligence, should have obtained knowledge of the event giving rise to the grievance. Effective upon ratification. 4.5, Expenses of Arbitration: Provides to split the fee and expenses of the arbitrator between both parties, regardless of the outcome. Effective upon ratif ication. 8.6, Uniforms: Provides f or language clarifying that City will deliver unif orms to employees on April 30th of each year. 10.17, Union Conventions: Changes maximum number of bargaining representatives eligible to attend union conventions from three to four. Ef f ective upon ratification. Page 26 of 104 14, Temporary Vehicle Assignment: Provides temporary vehicle assignments f or Union business related travel within the City of Miami Beach, at the City’s sole discretion and provided a vehicle is available. CONCLUSION The terms and conditions of the proposed three-year labor agreement between the City and AFSCME results in an estimated impact of $87,500 for FY 2015/16; $433,190 f or FY 2016/17; $948,190 for FY 2017/18. The total estimated three-year impact is $1,468,880. The Administration finds the provisions of this contract fair to the employees and fiscally responsible f or the City. Theref ore, adoption of this resolution is recommended. Exhibit A to the resolution is a copy of the proposed labor agreement. The City’s outside labor counsel has reviewed and approved the contract language. KEY INTENDED OUTCOMES SUPPORTED Ensure Expenditure Trends Are Sustainable Over T he Long Term Legislative Tracking Human Resources ATTACHMENTS: Description Resolution - CMB & AFSCME Tentative Agreement Between CMB & AFSCME Letter from Jim Crosland AFSCME Costs Page 27 of 104 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RATIFYING A THREE (3) YEAR LABOR AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME), LOCAL1554, FOR THE PERIOD FROM MAY 1, 2016 THROUGH APRIL 30, 2019; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT WHEREAS, the City is hereby submitting to the Mayor and City Commission the attached tentative Labor Agreement. recently negotiated between the City and the American Federation of State. County and Municipal Employees (AFSCME). Local 1554. for the employees covered by said Agreement for the period covering May 1, 2016 through April 30. 2019; and WHEREAS, the previous Labor Agreement was for a three year period from May 1. 2013. through April 30. 2016: and WHEREAS, Exhibit A to the resolution is a copy of the contract language changes in substantial form that reflects the pension and economic issues, and the non-economic issues tentatively agreed to between the City and AFSCME: and WHEREAS, any changes to the substantial form would be non-material in nature as determined by the City Attorney and AFSCME or else would require re-ratification by the City Commission and AFSCME: and WHEREAS, the AFSCME bargaining unit has a scheduled ratification vote on October 24. 2016. October 25, 2016, and October 26. 2016, among its members for the proposed Labor Agreement attached: and WHEREAS, since the outcome of the ratification vote will not be made available in time. the results will be provided to the City Commission through a Letter to Commission (LTC): and NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, hereby approving and authorizing the Administration to amend the three (3) year labor Agreement with AFSCME. Local 1554 bargaining unit for the time period covering May 1. 2016, through April 30. 2019. Exhibit A hereto. PASSED AND ADOPTED this day of 2016. ATTEST: Philip Levine, Mayor Rafael E. Granado. City Clerk APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION I 7) t-of77-1-e_At L City Attorney Dote Page 28 of 104 CONTRACT Between CITY OF MIAMI BEACH, FLORIDA and the AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFSCME LOCAL NO. 1554 May 1, 2013 2016 – April 30, 20162019 Page 29 of 104 TABLE OF CONTENT CONTRACT PAGE WITNESSETH .................................................................................................................................1 ARTICLE I RECOGNITION Section 1.1 Representation ....................................................................................................... 2 Section 1.2 Bargaining Unit ....................................................................................................... 2 Section 1.3 Communications .................................................................................................... 2 Section 1.4 Rights of Individuals ............................................................................................... 3 Section 1.5 Information to be Provided to Union by City…………………………………………… ARTICLE 2 DEDUCTION OF UNION DUES Section 2.1 Check off ................................................................................................................ 4 Section 2.2 Indemnification ....................................................................................................... 4 ARTICLE 3 EQUAL EMPLOYMENT OPPORTUNITY Section 3.1 No Discrimination ................................................................................................... 5 Section 3.2 Affirmative Action ................................................................................................... 5 Section 3.3 Examinations .......................................................................................................... 5 ARTICLE 4 GRIEVANCE PROCEDURE Section 4.1 Definition of Grievance & Time Limit for Filing ....................................................... 6 Section 4.2 Grievance Procedure ............................................................................................. 6 Section 4.3 Binding Arbitration .................................................................................................. 7 Section 4.4 Authority of Arbitrator ............................................................................................. 8 Section 4.5 Expenses of Arbitration .......................................................................................... 8 Section 4.6 Election of Remedies ............................................................................................. 8 Section 4.7 Grievances Involving Discipline.............................................................................. 8 Section 4.8 Union Stewards ...................................................................................................... 9 Section 4.9 Grievance Meetings ............................................................................................... 9 Section 4.10 Union Representation ............................................................................................ 9 Section 4.11 Union Time Bank……………………………………………………………….....…... 10 Section 4.12 Employee Rights During Meetings or Interviews………………………..………..… 10 ARTICLE 5 NO STRIKE OR LOCKOUT Section 5.1 No Strike .............................................................................................................. 11 Section 5.2 No Lockout ........................................................................................................... 11 ARTICLE 6 MANAGEMENT RIGHTS .................................................................................... 12 ARTICLE 7 HOURS OF WORK AND OVERTIME Section 7.1 Purpose ................................................................................................................ 13 Section 7.2 Normal Workday .................................................................................................. 13 Section 7.3 Normal Workweek ............................................................................................... 13 Section 7.4 Weekly Overtime .................................................................................................. 13 Section 7.5 Distribution of Overtime Opportunity .................................................................... 13 Section 7.6 No Pyramiding ...................................................................................................... 14 Section 7.7 Paid Leave as Time Worked for the Purpose of Computing Overtime ..................... 14 Section 7.8 Rest Periods ......................................................................................................... 14 Section 7.9 Seventh Consecutive Day of Work ...................................................................... 14 Section 7.10 Shift Starting Time ................................................................................................ 14 Section 7.11 Reporting Pay ...................................................................................................... 14 Section 7.12 Call-In and Call-Back Pay .................................................................................... 15 Section 7.13 Work Schedule .......... .......................................................................................... 15 Section 7.14 Standby ................................................................................................................ 15 Page 30 of 104 TABLE OF CONTENT (Continued) PAGE ARTICLE 8 WAGES AND FRINGE BENEFITS Section 8.1 Wages .................................................................................................................. 16 Section 8.2 Shift Differential .................................................................................................... 18 Section 8.3 Holidays ................................................................................................................ 18 Section 8.4 Holiday Pay .......................................................................................................... 18 Section 8.5 Rate of Pay When Working Out of Classification ................................................ 19 Section 8.6 Uniforms ............................................................................................................... 19 Section 8.7 Safety Shoes ........................................................................................................ 20 Section 8.8 Vacation Benefits ................................................................................................ 21 Section 8.9 Meal Allowance ................................................................................................... 21 Section 8.10 Jury and Witness Duty ........................................................................................ 21 Section 8.11 Tool Allowance .................................................................................................... 22 Section 8.12 Bereavement ....................................................................................................... 23 Section 8.13 Pay Periods ......................................................................................................... 23 Section 8.14 Injury Service Connected .................................................................................... 23 Section 8.15 Certificates .......................................................................................................... 23 Section 8.16 Pay for Hazard Duty ............................................................................................ 23 Section 8.17 Changes in Benefits ............................................................................................ 24 Section 8.18 Pension, DROP, Retiree Health………………………………………………..............24 Section 8.19 Training and Training Programs ......................................................................... 25 Section 8.20 Skill Pay Supplement .......................................................................................... 26 Section 8.21 Health Insurance ................................................................................................ 26 Section 8.22 Essential Personnel (Hurricane Pay) ................................................ ................ 27 Section 8.23 Landfall Team …………………………………………………………………............ 27 ARTICLE 9 SENIORITY Section 9.1 Definition ............................................................................................................. 29 Section 9.2 Layoffs ................................................................................................................. 29 Section 9.3 Recalls ................................................................................................................ 29 Section 9.4 Break in Seniority ................................................................................................ 29 Section 9.5 Seniority Lists ...................................................................................................... 30 Section 9.6 Union Officer Continuation of Duties ................................................................... 30 Section 9.7 Promotions .......................................................................................................... 30 Section 9.8 Demotions ........................................................................................................... 31 Section 9.9 Preference for Out of Class Assignments ........................................................... 31 Section 9.10 Shift Preference ................................................................................................... 31 Section 9.11 Temporary Employees ........................................................................................ 32 Section 9.12 Vacations and Emergencies …………………………………………………….......... 32 ARTICLE 10 GENERAL PROVISIONS Section 10.1 Work Rules and Incorporation of Personnel Rules ........................................ 33 Section 10.2 Clean-up Time ..................................................................................................... 33 Section 10.3 Safety .................................................................................................................. 33 Section 10.4 Safety Glasses ..................................................................................................... 34 Section 10.5 Safety Equipment ……………………………………………………....……................34 Section 10.6 Emergency Medical Attention.............................................................................. 34 Section 10.7 Transportation of Employees ............................................................................... 34 Section 10.8 Transfer ................................................................................................................ 34 Section 10.9 Civic Duty ............................................................................................................. 34 Section 10.10 Unpaid Leaves .................................................................................................... 35 Section 10.11 Negotiation Pay ................................................................................................... 35 Section 10.12 Contracting & Subcontracting ................................ ............................................. 35 Section 10.13 Sick & Vacation Leave Accrual & Maximum Payment on Termination ….............. 36 Section 10.14 Perfect Attendance Bonus ……............................................................................ 37 Page 31 of 104 TABLE OF CONTENT (Continued) PAGE Section 10.15 Changes in Job Specifications & New Classifications ....................................... 37 Section 10.16 Opportunity for Advancement ............................................................................ 37 Section 10.17 Union Conventions ............................................................................................. 37 Section 10.18 Educational Leave ............................................................................................... 38 Section 10.19 Meetings Leave ................................................................................................... 38 Section 10.20 Union Bulletin Boards .......................................................................................... 38 Section 10.21 Labor Management Committee ........................................................................... 38 Section 10.22 Me Too and Re-openers ……….............................................................................. 39 ARTICLE 11 DRUG AND ALCOHOL TESTING Section 11.1 ............................................................................................................................. 40 Section 11.2 ............................................................................................................................. 40 Section 11.3 ............................................................................................................................. 40 Section 11.4 ............................................................................................................................. 41 Section 11.5 ............................................................................................................................. 41 Section 11.6 ............................................................................................................................. 41 Section 11.7 Drug/Alcohol Random Testing ............................................................................. 42 Section 11.8 Last Chance Agreement ...................................................................................... 43 ARTICLE 12 CONDUCT AND PERFORMANCE EXPECTATIONS…………………….…… ARTICLE 13 MOUs AND SIDE AGREEMENTS……………………………………………….. ARTICLE 14 TEMPORARY VEHICLE ASSIGNMENT………………………………………… ARTICLE 1215 SAVINGS ............................................................................................................ 44 ARTICLE 1316 ENTIRE CONTRACT .......................................................................................... 45 ARTICLE 1417 TERM OF CONTRACT……………………………………………………………………46 EXECUTION .............................................................................................................................................47 ELECTION OF REMEDY FORM ………………………………………………………………..........................48 APPENDIX: HEARING EXAMINER RULES …........................................................................................ 49 APPENDIX A: MOUs AND SIDE AGREEMENTS………………………………………………………………… Page 32 of 104 CONTRACT THIS CONTRACT, made and entered into this 23rd day of April 2014, by and between the CITY OF MIAMI BEACH, FLORIDA, (herein called the "City"), and the AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES UNION, LOCAL 1554, (herein called the "Union"). WITNESSETH: WHEREAS, this Contract has as its purpose the promotion of harmonious relations between the City and the Union and the negotiation of wages, hours, and working conditions to be in effect during the term(s) of this Contract; and WHEREAS, the rights, obligations, and authority of the parties to this Contract are governed by and subject to the laws of the State of Florida; NOW, THEREFORE, the parties agree with each other as follows: Page 33 of 104 ARTICLE I RECOGNITION Section 1.1 Representation. Pursuant to and in accordance with all applicable provisions of Chapter 447, Part II of the Florida Statutes, the City recognizes the Union as the exclusive bargaining representative for all employees included in the bargaining unit of Local 1554, for the purpose of collective bargaining concerning wages, hours of work and other terms and conditions of employment. Section 1.2 Bargaining Unit. The bargaining unit of this local union has been determined by the Public Employees Relations Commission to be appropriate for the purposes of collective bargaining. Certificate No. 379 was issued to Local 1554 on January 9, 1978. The bargaining unit of this local union includes all classifications listed below: Assistant Pumping Mechanic Building Supervisor Building Services Technician Central Services Technician Control Room Operator Concession Attendant Customer Service Representative Diesel Generator Mechanic Fire Equipment Mechanic Fleet Service Writer Fleet Service Representative Heavy Equipment Operator I and II Ice Rink Technician Irrigation System Supervisor Mechanic I, II, and III Municipal Service Worker I, II, and III Municipal Service Worker Trainee Museum Guard Park Supervisor Pest Control Supervisor Pumping Mechanic Recreation Attendant Recreation Leader I Recreation Leader II Recreation Program Supervisor School Guard Sewer Pipefitter Sewer Supervisor Sign Maker Storekeeper I, II, and III Storekeeper/Mechanic Street Lighting Technician I and II Street Supervisor Tree Maintenance Supervisor Tree Trimmer Waste Collector Waste Driver Supervisor Water Meter Technician I and II Water Pipefitter Water Supervisor 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 in or out of the bargaining unit. Section 1.3 Communications. a) All official union communications from the City shall be sent to the Union’s designated address, telephone or email. An official AFSCME letter will be provided by AFSCME to notify the City of these designations. b) All official City communications from the Union shall be sent to the City Manager’s designee for Labor Relations. Page 34 of 104 Section 1.4 Rights of Individuals. a) A union member shall be entitled to Union representation in accordance with the provisions of this Contract at each and every step of the grievance procedure set forth in this Contract. b) All references to "employees" in this Contract shall mean both sexes, and where the male gender is used, it shall be construed to include male and female employees. The City agrees not to interfere with the rights of employees to become members of the Union and the Union agrees not to interfere with the rights of employees to refrain from becoming Union members. There shall be no discrimination, interference, restraint, or coercion by the City against any employee because of Union membership or Union activity. There shall be no discrimination, interference, restraint, coercion by the Union against any employee because of non-union membership. c) No mechanical recording devices of any kind shall be used in discussions between department heads, division heads, or supervisors and employees unless the parties mutually agree otherwise. It is specifically understood that this subsection shall not in any way apply to any City board. d) During an entrance interview, no prospective new employee who would be covered by this Agreement shall be questioned concerning his/her feelings, pro or con, toward the Union. e) Upon reasonable request, an employee or his/her Union representative designated in writing shall have the right to review his/her personnel file maintained by the Human Resources Department (or by the Division) in the presence of an appropriate representative of the Human Resources Department or Division Management. Employees shall be provided with a copy of any documents placed in his/her personnel file which adversely reflect on an employee's work performance. If requested by the employees, his/her supervisor will discuss the documents with him/her. The employee shall be allowed to place in his/her personnel file a response of reasonable length to anything contained therein which the employee deems to be adverse. It is specifically understood, that this provision shall not in any way alter or modify the Personnel Rules concerning tests or examinations and the period of time which an employee has to review tests or examinations which he/she has taken. f) Nothing contained in this Contract shall abridge the rights of individual employees or the employer under Florida law. g) Upon request, Human Resources will provide to the Union President a monthly list of new hires in bargaining unit positions. Page 35 of 104 Section 1.5 Information to be Provided to Union by City. Upon written request of the Union, the City will provide the following for each employee in the bargaining unit represented by the Union, in excel format: 1. Name 2. Home address 3. Home phone number 4. Department 5. Position classification 6. Starting date 7. Hourly wage The Union may present a written request for employee information twice every calendar year. Page 36 of 104 ARTICLE 2 DEDUCTION OF UNION 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 Union in writing, the City agrees during the term of this Contract to deduct the uniform biweekly Union dues of such employees from their pay and remit such deductions to Council 79 Business Manager (provided address agreed) 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 Union. The Union will notify the City thirty (30) days prior to any change in its dues structure. The Union shall pay, during the term of this Agreement the amount of one hundred dollars ($100.00) annually as a service charge for implementing and processing the above stated dues deductions. The Union shall make the payment on or before April 1 of each year of the Agreement. Section 2.2 Indemnification. The Union agrees to indemnify and hold the City harmless against any and all claims, suits, orders or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provision of this Article. Page 37 of 104 ARTICLE 3 EQUAL EMPLOYMENT OPPORTUNITY Section 3.1 No Discrimination. In accordance with applicable Federal and State law, the City and the Union agree not to discriminate against any employee as defined in federal, state, and municipal ordinances. Nothing contained herein shall serve as a barrier for the implementation by the City of any such personnel actions as deemed necessary to comply with the Americans With Disabilities Act. The development of job specifications that delineate those duties that are the required, essential tasks of each job for the purpose of the Americans With Disabilities Act (ADA), shall not be consid ered discriminatory or be grievable under the terms of this Contract. This section does not preclude any bargaining unit employee from pursuing any appeal he/she may have under the Civil Rights Act. Section 3.2 Affirmative Action. The parties acknowledge the existence of Federal Guidelines on voluntary affirmative action programs and the City is committed to the development of an Affirmative Action Plan in accordance with those guidelines and law. The Union will be provided with an opportunity to participate in the development of the Plan, and will thereafter assist the City in achieving any lawful goals set forth in the Plan. Section 3.3 Examinations. The City is committed to the utilization of fair, job-related examinations and fairly administering such examinations, however, the subject matter and/or administration of these examinations shall be subject to the grievance procedure up to Step III of the grievance procedure of this Contract, however, questions or complaints concerning examinations may be brought directly to the City Manager’s designee for Human Resources. Page 38 of 104 ARTICLE 4 GRIEVANCE PROCEDURE Section 4.1 Definition of Grievance and Time Limit for Filing. A grievance is a dispute involving the interpretation and application of the express terms of this Contract, excluding matters not covered by this Contract. The Union acknowledges that the Personnel Board retains the right to make, enforce, amend, and apply the Personnel Rules and Regulations, and that neither the City, the Union, nor an arbitrator can control the Personnel Board's exercise of this right. No grievance shall be entertained or processed unless it is submitted within ten fifteen (1015) working days after the occurrence of the event giving rise to the grievance or within ten fifteen (1015) working days after the employee, through the use of reasonable diligence, should have obtained knowledge of the occurrence of the event giving rise to the grievance. Section 4.2 Grievance Procedure. Grievances shall be processed, individually, as follows: STEP 1: Any employee who has a grievance (or a steward on the employee's behalf) shall submit the grievance, on the Grievance Form as provided by the City, to the supervisor designated for this purpose by the City, and if the employee wishes, he/she shall be accompanied by his/her Union Steward. If no settlement is reached, the supervisor shall give the City's written answer within five fifteen (515) working days after such presentation. The Election of Remedy Form as agreed herein shall be completed and submitted with the Step 1 grievance. STEP 2: If the grievance is not settled in Step 1 and the employee wishes to appeal the grievance to Step 2 of the Grievance Procedure, it shall be referred in writing to the Department Head within three five (35) working days after the Supervisor's answer in Step 1 and shall be signed by the employee and/or the Union Steward. The Department Head, or his/her Representative, shall discuss the grievance within three fifteen (315) working days with the Union Steward at a time mutually agreeable to the parties. If no settlement is reached, the Department Head, or his/her Representative, shall give the City's written answer to the Union within three fifteen (315) working days following their meeting. Grievances processed without the completed, signed Election of Remedy Form attached will be considered as withdrawn, and will be returned to the Union President or the Grievant(s). Page 39 of 104 STEP 3: If the grievance is not settled in Step 2 and the Union and/or the employee desires to appeal, the Union President or his/her designated Representative and/or the employee shall appeal in writing to the City Manager’s designee for Labor Relations, within three five (35) working days after the designated Department Head's answer in Step 2. A meeting between the City Manager’s designee for Labor Relations, and the Union Grievance Committee, not to exceed five (5) employees (and/or the employee) shall be held at a time mutually agreeable to the parties. If no settlement or a settlement is reached, the City Manager’s designee for Labor Relations shall give the City's written answer to the Union and the employee within five fifteen (515) working days following the meeting. The Union President or the Chief Steward and the appropriate Department Head may mutually agree in writing that the first two steps of the grievance procedure set forth above may be bypassed if the circumstances warrant it. The City and the Union hereby agree that this procedure and the arbitration procedure set forth in Section 4.3 shall be the sole and exclusive method for interpreting and enforcing this Agreement, except in matters over which the City’s Personnel Board or Hearing Examiner has jurisdiction (See Section 4.6). Except as otherwise provided herein, the Union shall have the exclusive right to represent all employees and to control the submission of grievances to arbitration. In accordance with its obligation to fairly represent employees, the Union shall be authorized to withdraw, abandon or settle any grievance at any time. Section 4.3 Binding Arbitration. If the grievance is not resolved in Step 3 of the grievance procedure, the Union, on behalf of the employee(s) who filed the grievance, may refer the grievance to binding arbitration within five (5) working days after receipt of the City's answer in Step 3. The parties shall attempt to agree upon an arbitrator within ten fifteen (1015) working days after receipt of notice of referral and in the event the parties are unable to agree upon an arbitrator within said ten fifteen (1015) workday period, either or both parties may request the Federal Mediation and Conciliation Service to submit a panel of five (5) arbitrators. Both the City and the Union shall have the right to strike two names from the panel. The parties shall alternately strike one name at a time. The remaining person shall be the arbitrator. The arbitrator shall be notified of his/her selection within five fifteen (515) working days by a joint letter from the parties requesting that he/she advise the parties of his/her availability for a hearing. Page 40 of 104 Section 4.4 Authority of Arbitrator. The arbitrator shall have no right to amend, modify, ignore, add to, or subtract from the provisions of this Contract. He/She shall consider and decide only the specific issue submitted to him/her in writing by the parties, and shall have no authority to make a decision on any other issue not so 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 Contract to the facts of the grievance presented. Consistent with this section, the decision of the arbitrator shall be final and binding. Section 4.5 Expenses of Arbitration. The fee and expenses of the arbitrator shall be paid split by the party partiesnot prevailing in the decision of the arbitrator. If only one party wishes a written transcript, it shall be the party's sole financial responsibility. If both parties wish the transcript, they shall split the cost. Each party shall be responsible for compensating its own representative and witnesses. Section 4.6 Election of Remedies. Disciplinary actions may be grieved under the grievance/arbitration provisions contained in this Article or to a Hearing Examiner, who shall be selected by utilizing the procedures outlined in Section 4.3 of this Article. Disciplinary actions that may be appealed through the Hearing Examiner process include only removals, suspensions or demotions. A grievance involving the interpretation or application of this Agreement may be grieved solely under the grievance/arbitration provisions contained in this Article. Grievances regarding certain non-disciplinary matters, such as disagreements as to the waiving or application of changes to personnel rules or other work rules or policies may be filed via the Personnel Board procedures. The decision of the hearing officer shall be final and binding. The cost of a Hearing Officer shall be paid by the City. Any proceedings before the Hearing Examiner shall be conducted pursuant to the attached Hearing Examiner Rules. Section 4.7 Grievances Involving Discipline. Discipline shall only be for cause but shall not include informal counseling or oral reprimands that are not written up and placed in the employee's Personnel file. Written reprimands, suspensions, and dismissals shall be considered discipline. Any employee who has completed the working test period (probationary period) and who is disciplined may file a grievance concerning same. Grievances involving disciplinary actions, may be filed at Step II of the grievance process as set forth in Section 4.2 or, if applicable, through the Hearing Examiner process as stated in Section 4.6. Written reprimands may only be grieved through Step III of this procedure. The City will review and consider the length of time of previous reprimands as part of the progressive discipline process. Page 41 of 104 Section 4.8 Union Stewards. Union Stewards shall be designated by the Union. The Union shall be entitled to 18 Stewards distributed as follows: Sanitation 3 Parks Maintenance 2* Fleet Management 2* Water/Sewer 2 Streets and Streetlights 1 Property Management 1 Recreation & Parks Department & Bass Museum 4 Parking Department 1 Chief Steward (Police Department) 1 Fire Support 1 * Each at a different location. The Chief Steward (or President) shall have the right to function in the absence of any designated Steward. The Union shall certify in writing to the City the names of the Stewards in each of the foregoing areas who shall be employed in said area. Stewards shall be permitted during working hours without loss of pay, to investigate, discuss and process grievances in their respective areas; provided the following conditions are met: (1) They first secure the permission of the Supervisor designated by the City for this purpose (such permission shall not be unreasonably denied); (2) The Supervisor shall be notified 24 hours prior to investigating, discussing, and processing grievances on City time (shorter notice may be given to the Supervisor in the case of an urgent matter); and (3) The Union Steward or Representative will report his/her return to work to the immediate Supervisor upon conclusion of the use of time for grievance under this section. Section 4.9 Grievance Meetings. Grievance meetings shall be held at mutually agreed to times and places. Where practicable, the parties should schedule such meetings during working hours. Section 4.10 Union Representation. The Union, in accordance with Chapter 447.401, Florida Statues, shall not be required to process grievances for employees who are not members of the Union. The Union will, however, be notified of the filing of all grievances and shall have a right to be present at any scheduled meetings or hearings held pursuant to Section 4.2 (Grievance Procedure). In addition, the union shall be notified of all proposed grievance settlement with any bargaining unit member in writing prior to the final disposition of a settlement agreement. The City shall notify the Union of all grievances filed by bargaining unit members, scheduled meetings, and hearings at Step III of the grievance process pursuant to Section 4.2. In addition, the Union shall be notified of all proposed grievance settlements with any bargaining unit member in writing prior to final disposition of a settlement agreement. Page 42 of 104 Section 4.11 Union Time Bank. The City agrees to provide a time bank of 1040 hours per year to be used by the Union President and his or her designee to conduct union business. No more than two (2) of the designated union representatives may use time from the union time bank at the same time. The President or designated union representative shall provide a minimum of twenty-four (24) hours’ notice to the appropriate Department or Division Director or designee for any leave to be granted. If the union time bank is exhausted prior to the start of the next contract year, no more paid time off to conduct union business on City time shall be requested, paid or approved, unless done with employees’ individual leave balances from leave other than Sick Leave. Section 4.12 Employee Rights During Meetings or Interviews. a) An employee shall be entitled to request Union representation at all meetings where the representative of the City intends to seek or gain information from the employee, which may become a part of the written disciplinary record or may result in a written warning/reprimand of the employee. b) The employee shall be informed of the nature of the meeting, the alleged conduct, and if requested, be given a reasonable period of time prior to the meeting to contact and consult with the Union. Nothing contained herein shall preclude an employee from legal representation in the event of a criminal investigation. c) All meetings will be held in the City at a reasonable hour during the employee's shift or contiguous to the shift on the clock, unless an emergency or serious condition prevents such action. Page 43 of 104 ARTICLE 5 NO STRIKE AND NO LOCKOUT Section 5.1 No Strike. The parties hereby recognize the provisions of Chapter 447, Florida Statutes, which define strikes, prohibit strikes, and establish penalties in the case of a strike and incorporate those statutory provisions herein by reference. The parties further agree that the City shall have the right to discharge or otherwise discipline any employee(s) who engage(s) in any activity defined in Section 447.203(6) of the Florida Statutes. Section 5.2 No Lockout. The City will not lockout any employees during the term of this Contract as a result of a labor dispute with the Union. Page 44 of 104 ARTICLE 6 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 Union 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 Union, 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 Union. If, in the sole discretion of the City, it is determined that civil 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 Union President and Staff Representative shall be advised as soon as possible of the nature of the emergency. Nothing contained in this Agreement shall prohibit the implementation of personnel actions the City deems necessary to comply with the Americans With Disabilities Act (ADA). Page 45 of 104 ARTICLE 7 HOURS OF WORK AND OVERTIME Section 7.1 Purpose. This Article is intended to define the normal hours of work and to provide the basis for the calculation and payment of overtime. It shall not be construed as a guarantee of hours of work per day or per week, or of days of work per week. Section 7.2 Normal Workday. The normal workday shall consist of eight (8) or ten (10) consecutive hours of work, exclusive of the lunch period, in a twenty-four (24) hour period. Prior to any change in the normal workday of a group of employees, the City will discuss the proposed change with the Union. Section 7.3 Normal Workweek. The normal workweek shall consist of forty (40) hours per week. The workweek shall begin with the employee's first regular shift each week. If the workweek is changed, the employee will normally be notified fourteen (14) calendar days prior to the effective date of change; provided that shorter notice may be given if circumstances do not permit the giving of fourteen (14) calendar days’ notice; provided further that it may be changed upon shorter notice upon agreement by the Union. Agreement shall not be unreasonably denied. The implementation of this provision shall not be arbitrary and capricious. Section 7.4 Weekly Overtime. For all hours worked in excess of forty (40) hours during an employee's workweek, the City will pay the employee at the applicable overtime rate. Effective upon ratification of this Agreement, only actual hours worked shall be considered for the purposes of computing overtime. Paid leave, including but not limited to annual, holiday, sick, family and medical (FMLA), birthday, floating holiday, bereavement, compensatory and administrative leave shall not be considered as time worked for the purpose of computing overtime. Effective upon ratification of this Agreement, holiday leave shall count as time worked for the purpose of computing overtime. Section 7.5 Distribution of Overtime Opportunity. Opportunity to work overtime shall be distributed 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 only shall mean length of continuous service in the division in question. Overtime opportunities shall be accumulated on adequate records (which shall be available to the Union and employees with overtime rosters posted on divisional board and updated monthly) and offered overtime not worked shall be considered as worked Page 46 of 104 in maintaining these records. If any employee establishes that he/she has not received his/her fair share of overtime opportunities, such employee shall have first preference to future overtime work until reasonable balance is recreated. Employees who have been recorded for overtime hours not worked shall not be discriminated against with respect to future overtime opportunities or job assignments. Overtime worked shall be voluntary, whenever possible. On a particular job, an employee may be asked to complete work in progress during overtime when hazardous conditions are present. The City agrees to discuss how overtime is distributed at labor/management meetings, that will include the respective Department Director, Division Director(s) and a representative from the Labor Relations Division. The agreement to meet and explore options is not a guarantee that changes will be made. Meetings shall be scheduled within thirty (30) days from date of ratification of this Agreement. Section 7.6 No Pyramiding. Compensation shall not be more than once for the same hours. Section 7.7 Paid Leave as Time Worked for Purpose of Computing Overtime. Effective upon ratification of this Agreement, in instances where the Public Works Director, or his designee, sends an employee home on administrative leave to rest after working twelve (12) additional twenty (20) hours or more in a 24-hour period, contiguous to the employee’s regular shift, as a result of an operational emergency or management need, such period of administrative leave shall be considered as time worked for the purposes of computing overtime. Section 7.8 Rest Periods. Each employee shall be granted a fifteen (15) minute rest period with pay which will be scheduled whenever practicable approximately midpoint in the first one-half of the employee's regular work shift and in the second one-half of the shift. Section 7.9 Seventh Consecutive Day of Work. 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. 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. Section 7.10 Shift Starting Time. If the scheduled shift starting time of an employee is changed, the employee will normally be notified ten (10) days prior to the effective date of change; provided that shorter notice may be given if circumstances do not permit the giving of ten (10) days’ notice. Section 7.11 Reporting Pay. An employee who reports to work as scheduled will be guaranteed eight Page 47 of 104 (8) hours of work or eight (8) hours of pay at the applicable rate; pr ovided, however, if the employee does not perform the work assigned to him/her (within or below his/her classification) he/she shall not receive any pay for time not worked. Section 7.12 Call-In and Call-Back Pay. An employee who is called to work outside of his/her normal hours of work will be guaranteed four (4) hours of work or four (4) hours of pay at the applicable rate; provided, however, if the employee does not perform the work assigned in his/her job classification he/she shall not receive any pay for the time not worked. This provision shall not apply to an early call-in or early report which overlaps into the employee's regular shift. In such case, the early call-in or early report time will be compensated at the employee's regular rate of pay or at the rate of time and one-half the regular rate of pay if the total hours worked in the workweek exceed forty. To ensure the equitable distribution of overtime opportunity, on-call/call-in hours worked or offered shall be added to the employee’s total on the overtime roster. Section 7.13 Work Schedule. Work schedule shall normally show the employees' shifts, work days, and hours, and shall be posted when necessary on an appropriate bulletin board. Section 7.14 Standby. 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). Upon ratification of this Agreement, employees will be paid both the Standby bonus and Call Back pay for the same day, only if the employee is called back more than once on the same day. Management may call back employees qualified to do the job, including crossing working groups within the AFSCME bargaining unit. 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 (3045) 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. Page 48 of 104 ARTICLE 8 WAGES AND 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 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. Effective upon ratification of this AgreementApril 23, 2014, the 2009 Condrey & Associates Job Classification and Compensation Study, as adjusted in 2013 and further provided for by the April 1, 2014 Cost of Living Adjustment (COLA), will be implemented for all bargaining unit classifications, establishing the minimum base pay for all bargaining unit classifications in accordance with “Scale C” of the study, and the maximum base pay for all bargaining unit classifications in accordance with “Scale B” of the study. Notwithstanding the above, employees whose current base pay is below the minimum of the pay range for their classification pursuant to “Scale C,” shall have their current base pay increased to equal the minimum of the pay range for their classification pursuant to “Scale C.” Those employees whose base pay, at time of ratification of this Agreementas of April 23, 2014, is over the maximum of the pay range for their classification pursuant to “Scale B” of the study, shall be allowed to retain their current base pay. However, they shall be ineligible to receive future cost of living adjustments (COLAs) and/or merit increases until such time as their base pay is once again within the salary range of their classification. Page 49 of 104 No employee’s base pay shall thereafter exceed, for any reason, the applicable maximum base pay for the pay range of the employee’s classification, except as otherwise stated herein. Attached as Exhibits “2A” and “2B” are the classification and compensation plan, as well as pay ranges, that will take effect upon ratification of this Agreement. Attached as Exhibit “IA”, “1B”, and “1C” are the classification and compensation plan, as well as pay ranges, that will take effect upon ratification of this Agreement. The City will conduct and complete a job classification audit of the Storekeeper III position in the Public Works Department. No bargaining unit member who left the City’s employment prior to the date of ratification of this Agreement by both parties will be eligible for any wages or benefits under this Agreement. Page 50 of 104 Cost of Living Adjustment (COLA) a) Effective with the first pay period ending in April of 2016May 1, 2013, there shall be no an across- the-board wage increase of one percent (1%) for any bargaining unit positionsmember whose base pay does not exceed the maximum of the pay range for their classification. Also, there shall be no increase on the minimums and maximums of each job classification pay range. (Exhibits “1A” and “1B”) b) Effective with the first pay period ending in July of 2017April 1, 2014, there shall be an across-the- board wage increase of two three percent (23%) for any bargaining unit member whose base pay does not exceed the maximum of the pay range for their classification., as determined by the 2009 Condrey & Associates Job Classification and Compensation Study (“Scale B”), including subsequent amendments. Also, effective April 1, 2014, the minimums and maximums of each job classification pay range will increase by two percent (2%). (Exhibit “1C”) c) Effective with the first pay period ending in July of 2018April 1, 2015, there shall be an across-the- board wage increase of one three percent (13%) for any bargaining unit member whose base pay does not exceed the maximum of the pay range for their classification., as determined by the 2009 Condrey & Associates Job Classification and Compensation Study (“Scale B”), including subsequent amendments. Also, effective April 1, 2015, the minimums and maximums of each job classification pay range will increase by one percent (1%). (Exhibit “2C”) Merit Increase 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 within sixty (60) days will result in an automatic two percent (2%) salary increase. Employees who receive a score of sixty three (603) or above shall receive a two percent (2%) increase on their merit review date, provided that the employees’ base pay shall not exceed the maximum of the pay range for their classification. 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. Performance Evaluation increases may total no more than two percent (2%), Employees who receive a score of less than sixty three (603) shall not receive a merit increase. Page 51 of 104 If an employee’s merit rating score does not qualify him/her for a merit increase, the emplo yee may grieve the evaluation up to Step 3 under the provisions of this Agreement. Page 52 of 104 Section 8.2 Shift Differential. There shall be a shift differential of forty five cents ($.45) per hour for work performed at the City's request on regular shifts beginning after 2:30 P.M. and at or before 11:00 P.M. There shall be a shift differential of fifty five cents ($.55) per hour for work performed at the City's request on regular shifts beginning after 11:00 P.M. and before 6:00 A.M. Shift differential shall only be paid for regular shifts, and shall not be applied to overtime, call-in or standby hours worked and/or paid. Section 8.3 Holidays. The following fourteen (14) days shall be considered holidays: New Year's Day, Dr. Martin Luther King’s Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the day following Thanksgiving, Christmas Day, 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 8.4 Holiday Pay. Effective upon ratification of this AgreementApril 23, 2014, employees shall receive eight (8) or ten (10) hours pay, whichever is applicable based on the employee’s regularly assigned work shift, at the employee's regular rate of pay for holidays not worked. To be eligible for holiday pay, an employee must report for scheduled work on the holiday, on the last scheduled day preceding the holiday, and the first scheduled day following the holiday unless such absences are excused. Excused absences are defined as: 1) an absence due to serious illness or injury; 2) approved annual leave; 3) floating holiday; 4) birthday. For work on a holiday falling on an employee's 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 holiday pay, depending on the number of hours in the employee’s regularly assigned work shift, at the regular rate of pay. Should an employee be required to work on a holiday falling on his/her 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 holiday pay, depending on the number of hours in the employee’s regularly assigned work shift, at the regular rate of pay. Only actual hours worked shall be considered for the purposes of computing overti me. Paid leave, including but not limited to annual, holiday, sick, family and medical (FMLA), birthday, floating holiday, bereavement, compensatory and administrative leave shall not be considered as time worked for the Page 53 of 104 purpose of computing overtime. Should an employee request time off on a holiday falling on an employee’s regularly scheduled work day, he/she shall be paid holiday pay at straight time for eight (8) or ten (10) hours of pay, whichever is applicable based on the employee’s regularly assigned work shift, at the employee’s regular rate of pay for the day and it shall not count against his/her accumulated leave. Such requests shall be considered and approved in the same manner as vacation requests. Section 8.5 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 one hour 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) Out of class pay shall be distributed as equally as practicable among employees in the same job classification in the same work section. b) 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. c) If he/she is temporarily working for one or more consecutive hours in a higher paying classification, he/she shall be paid an hourly rate of one two dollars ($12.00) 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 8.6 Uniforms. The City will provide uniforms to bargaining unit employees who are required to wear them. The composition of the uniform shall be determined after consultation with the Union. The Uniforms issued shall be chosen based on considerations of employee safety and comfort, as well as cost. Issued uniforms will be replaced by the Department upon presentation of worn or damaged uniform items by the employee no less than once per year. Each Department Director shall provide necessary safety/foul weather gear, as appropriate. The vendors City will deliver the uniforms to the employees in the month ofon April 30th of each year for the term of this Contract. Page 54 of 104 All employees shall receive six uniforms. Six pants or shorts (if appropriate) Six shirts Six T-Shirts One Uniform Jacket (one jacket during the term of the contract) Sponsorship: In the event that the City enters into an agreement with any outside sponsor concerning uniforms that may be issued to any employee(s) (but not necessarily all employees) who are in the AFSCME bargaining unit, the Union agrees that these sponsored uniforms may be issued to satisfy the contractual uniform obligations. The Union agrees that no additional contract obligations concerning uniforms are hereby created, and that such sponsored uniforms may be discontinued at any time by the City. The issuance and/or discontinuance of any such uniforms pursuant to s uch a sponsorship arrangement shall not be subject to any grievance or appeal process. Section 8.7 Safety Shoes. Employees in the following job classifications will be required to wear safety shoes during all working hours. Effective October of each year a safety shoe certificate will be provided to those employees in the following job classifications for the purchase of safety shoes meeting ASTM F2413-05 Federal Safety Standards. Those employees in the following classifications will make his/her saf ety shoe selection from a predetermined list of safety shoes, which will be developed by the Shoe Safety Committee comprised of two (2) Union representatives and two (2) Management representatives. Assistant Pumping Mechanic Diesel Generator Mechanic Building Services Technician Building Supervisor Concession Attendant* Control Room Operator Central Services Technician Fire Equipment Mechanic Fleet Service Representative Heavy Equipment Operator I and II Ice Rink Technician Irrigation Systems Supervisor Mechanic I, II and III Municipal Service Worker I, II and III Municipal Service Worker Trainee Park Supervisor Pest Control Supervisor Pumping Mechanic Recreation Leader I and II* Recreation Program Supervisor* Sewer Supervisor Sewer Pipe Fitter Sign Maker Street Supervisor Street Lighting Technician I and II Stores Clerk Storekeeper I, II and III Storekeeper/Mechanic Tree Trimmer Water Meter Technician I and II Waste Collector Waste Driver Supervisor Water Pipe Fitter Water Supervisor *Effective upon ratification of this Agreement, the Concession Attendant, Recreation Leader I & II and Recreation Program Supervisor classifications shall be added to the list of classifications eligible to Page 55 of 104 receive shoe certificates. Employees receiving the safety shoe certificate will be required to purchase and wear the safety shoes during all working hours unless medically prohibited by workers compensation or primary physician, 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 Hearing Examiner or grieveable under this Agreement. The City Manager’s designee for Labor Relations shall review any questions on the interpretation of this paragraph. Page 56 of 104 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. Section 8.8 Vacation Benefits. Consistent with applicable ordinances, the vacation benefits presently enjoyed by the employees covered by this Contract shall continue for the term of this Contract. Section 8.9 Meal Allowance. An employee who works three (3) consecutive hours or more of pre-shift or post-shift overtime, commencing within 30 minutes of regular shift starting or ending time shall be paid $7.00 unless meals are provided by the City. Employees shall receive compensation within three (3) months. In the event employees are supplied with a meal while working the overtime hours, the meal allowance, as provided under this Section, shall cease. Section 8.10 Jury and Witness Duty. The City shall permit employees to keep either payments received from courts of competent jurisdiction f or being on jury duty or in the alternative his/her standard rate of pay, plus reimbursement of court parking expenses, upon presentation of a receipt for such expenditure. 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. If three (3) or more hours are left in the employee's work shift upon release from jury duty, the employee shall immediately contact his/her immediate supervisor for instruction regarding his/her return to work. An employee subpoenaed as a witness (not a defendant) for a matter which has arisen in the employee's performance of duties, shall be granted temporary leave of duty with pay equal to the difference between the employee's regular rate of pay and any witness fees received. An employee who is a defendant in a matter which has arisen in the employee's performance of duties and who is adjudged not guilty or not liable will be reimbursed for work time lost by reason of time spent in court. Page 57 of 104 Section 8.11 Tool Allowance. Effective January 1, 2013, employees in the Mechanic II, Mechanic III, and Fire Equipment Mechanic job classifications shall receive a tool allowance of forty-five dollars ($4045.00) per pay period; employees in the Mechanic I and Storekeeper/Mechanic job classifications who regularly are required to use their own personal tools as part of their job duties, shall receive a tool allowance of Ten Dollars ($10.00) per pay period. As a condition precedent to being eligible to receive the tool allowance outlined herein, the following will apply: Management will produce a detailed list of tools that the tool allowance recipient must have in his/her on site tool box inventory. Further, such tool inventory shall not include tools manufactured by companies that do not offer a 100% tool replacement warranty policy, except for those drill motors or electronic tools that may have less than a 100% warranty. In the limited exception for electric drill motors or electronic tools, all such electric drill motors or electronic tools shall be of professional, industrial grade, manufactured by known quality vendors. Those employees who do not have all the required tools on the tool inventory shall not receive the tool allowance. Should the individual wish to be re-considered for the tool allowance, he/she may purchase the missing inventory tools and then re-apply for the tool allowance the following month. Failure to complete the tool purchase within two (2) weeks will be cause for the employee to be eliminated from consideration for receipt of the appropriate tool allowance. Future compliance with the tool inventory will allow the employees in those classifications as outlined above to be eligible to receive the appropriate tool allowance. Each employee will submit to Management a complete inventory of the tools which they maintain at their job site for working on City vehicles, annually. One (1) hour of time to prepare the annual inventory of tools shall be done on City time once a year. Each employee shall make his tools available to Management staff for an inventory and/or safety check upon reasonable notice. Page 58 of 104 Section 8.12 Bereavement. In case of death in the immediate family of an employee, time off with straight-time pay will be allowed of two (2) scheduled work days off per death and four (4) scheduled work days off per death if the funeral is held outside the State of Florida. 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. Section 8.13 Pay Periods. Pay day shall normally be every other Friday. In the event such a Friday is a holiday or scheduled day off, the City shall attempt to pay on the preceding day. Section 8.14 Injury Service Connected. An employee who is absent from duty because of injury which the City Manager or his/her designee determines is the direct result of the employee's performance of duties on behalf of the City, shall continue to receive pay during such absence in accordance with applicable City ordinances. Such pay may continue for a period of time not to exceed sixteen (16) weeks unless extended by the City Manager or his/her designee with the approval of the City Commission. Pay during the period of such absence will be computed as follows: Employees who are entitled to pay because of injury service-connected, will be paid an amount which is equal to the difference between their normal City pay and the amount of compensation payable under the provisions of the Worker's Compensation Law of the State of Florida. A normal day's pay shall be 1/10 of the biweekly rate of pay. Section 8.15 Certificates. If an employee is required by law for the performance of his/her work, to obtain a certificate for the spraying of insecticides, or a pumping station operator certificate, or a certificate to handle chlorine, the City shall pay the fee for such certificate. The Labor-Management Committee shall discuss whether higher pay ranges may be appropriate where certificates are required. Section 8.16 Pay for Hazard Duty. Effective November 1, 2001, employees working hazard duty will be paid $12.00 an hour for time actually spent in these activities. Hazard duty applies to the following activities: a) Spraying hazardous chemicals (the definition of "hazardous" shall be consistent with the current definition as of ratification) b) Diving with scuba gear c) Working in trenches five (5) feet or greater Page 59 of 104 d) Working in raw sewage e) Working forty (40) feet or higher on aerial lift operations f) Boat Operator g) Hazardous chemical application as defined by MSDS h) Fuel Truck Operator Section 8.17 Changes in Benefits. The City acknowledges its obligation under state law to notify the Union of any change in a benefit contemplated by the City and permit the Union to bargain over such a change, to the extent that state law requires such bargaining. Section 8.18 Pension, DROP & Retiree Health. 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: 1. For employees hired prior to April 30, 1993 who participate in the MBERP, the employee pension contribution shall increase by 2% of earnings, from 10% to 12% of earnings, effective upon ratification of this Agreement. For employees hired on or after April 30, 1993 who participate in the MBERP, the employee pension contribution shall increase by 2% of earnings, from 8% to 10% of earnings, effective upon ratification of this Agreement. The additional two percent (2%) pension contribution shall cease for bargaining unit members, if and when the actuary for MBERP confirms that the City’s annual required contribution to the plan is twenty- three and one-half percent (23.5%) of pensionable payroll or less. 2. Effective one (1) year from date of ratification of this Agreement, the option to purchase up to two (2) years of prior creditable service shall be eliminated for all employees covered by this Agreement. 3.2. Effective upon ratification of this Agreement, aAll 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. Page 60 of 104 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. The parties agree that any bargaining unit member who previously elected 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. 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. The parties also agree that if a member initially elect s to continue under City health insurance, but thereafter discontinues or is discontinued from such coverage, then the retiree may resume coverage only at their own expense, without any employer contribution whatsoever. 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 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 b e 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. Reopener The parties agree that after eighteen (18) months from the date of ratification, either party can reopen this section. Section 8.19 Training and Training Programs. The City and the Union agree that the training and development of employees within the bargaining unit is mutually beneficial. The Union will be kept informed of all training programs. The Union may make recommendations to the City relative to the training of employees within the bargaining unit. The City will consider recommendations and improvements submitted by the Union. The parties agree to meet at the request of either party for the purpose of exchanging information concerning the overall training of employees within the bargaining unit. Page 61 of 104 Section 8.20 Skill Pay Supplement. Effective January 1, 2013, the Skill Pay Supplement is as follows: Automobile Technicians/Medium/Heavy Truck Technicians 3 to 5 Certifications $55.00/month 6 to 7 Certifications $95.00/month “Master” Auto Technician or Medium/Heavy Truck Technician $135.00/month Fire Mechanics Level 1 Fire/Ambulance $65.00/month Level 2 Fire/Ambulance $105.00/month EVT Master Fire/Ambulance $145.00/month Natural Gas ASE Certification $35.00/month Parts Specialist 3 of 3 Certifications $55.00/month Note: The maximum Skill Pay Supplement Benefit is $200.00/month Effective upon ratification of this Agreement, employees who have the Waste Water and/or Water license as of September 22, 2016, shall receive a one-time $2,500 (non-pensionable) payment. Section 8.21 Health Insurance. a) The City shall offer medical, dental, and life insurance benefit 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 (i.e., provided that it remains at least 50%) 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. b) The City agrees that it will not change the level of benefits during the term of this Agreement without first consulting with the Group Insurance Board, or a labor-management advisory committee created as a substitute for such Board. A bargaining unit employee may serve on this Board/committee for as long as bargaining unit employees participate, exclusively, in the City's Page 62 of 104 group health insurance plan. In the event that the City materially reduces the scope and level of benefits in the current base (PPO or HMO) plan then the Union may request post-implementation impact bargaining. The Union waives impact bargaining over any changes to any optional plan. c)b) Employees in the bargaining unit shall be eligible to participate in the City's flexible and voluntary benefits plans, which may be modified by the City from time to time. The flexible and voluntary benefits plans shall be administered by the City. 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 an d 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 (PPACA). Section 8.22 Essential Personnel (Hurricane Pay). When the City declares an emergency due to a named hurricane and other events and non-essential personnel employees are advised to stay home with pay and essential personnel employees are ordered to work, essential personnel employees shall be paid at the rate of one and one-half of their straight hourly wages for all hours worked for up to three (3) days. Page 63 of 104 Section 8.23 Landfall Team. 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). Designated 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, where non-designated employees are directed to stay home, said employee will be deemed non-essential and will be compensated “Administrative Hurricane Pay” for those hours that the employee had been regularly scheduled. Administrative Hurricane Pay is compensated at a rate equal to an employee’s hourly rate of pay, and is not to be confused with Essential Personnel (Hurricane Pay) as denoted in Section 8.22. 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. The City and the Union agree that this compensation may or may not reflect the City’s traditional payroll codes, however, the compensation on the employee’s paystub will reflect the time and one-half rate for all hours worked in excess of forty (40) by the employee during their regularly scheduled workweek. Employees shall not receive pay for both Essential Personnel (Hurricane Pay) (as described in Section 8.22) and Landfall Team. Page 64 of 104 Designated Landfall Team Members shall be allowed up to four (4) 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. Page 65 of 104 ARTICLE 9 SENIORITY Section 9.1 Definition. Seniority for purposes of application of this Agreement except as otherwise stated, is an employee's length of regular, full time continuous service with the City. Section 9.2 Layoffs. When there is a reduction in force in any job classification (including those resulting from a consolidation or elimination), employees will be laid off in the following order, and such layoffs shall not have the effect of reducing the City's efforts to diversify the workforce: a) Employees in the affected classification who have not completed their working test period (probationary period) will be the first reduced. b) In the event of further reductions in force, employees will be reduced from the classification in accordance with their seniority and their ability to perform the work available. When two or more employees have equal skill, ability and qualifications, the employee(s) with the least seniority will be the first laid off. A non-probationary employee reduced from a job-classification under (b) above may be transferred by the City to another position of equal rate, or failing such transfer, he/she may exercise seniority to replace the least senior employee in a lower rated job classification covered by this Contract where the employee has equal skill, ability, and qualifications to perform the work; provided that the replacing employee will be given an opportunity to become familiar with the work, receive basic instruction concerning the work, and orientation on the operation of equipment, if any. Section 9.3 Recalls. When there is a recall, employees on layoff with seniority will be recalled in inverse order to their layoff, provided they are presently qualified to perform the work in the classification to which they are recalled. No new employees shall be hired into a classification from which employees have been laid off and remain on layoff status until such laid off employees are offered recall in accordance with Civil Service Rules, which shall govern for recall purposes. Employees shall not be transferred into or assigned to work out of class in a classification from which any employees have been laid off and remain on layoff status, except on a temporary basis not to exceed a total of ninety (90) calendar days in a six-month period. Section 9.4 Break in Seniority. Seniority and the employment relationship shall be terminated when a non-probationary employee: a) quits voluntarily. b) is laid off for more than one (1) year, or the employee's length of service, whichever is greater, up to a maximum of two (2) years. c) is terminated for cause. Page 66 of 104 d) retires or is retired. e) fails to return to work at the expiration of any approved leave of absence. f) fails to report to work within five (5) workdays after date of written notice of recall to work after a layoff given by the City by certified or registered mail and addressed to the employee at his/her last address appearing on the records of the City. It shall be the employee's responsibility to provide the City with his/her current address. g) an employee absent for a period of three (3) work days without notification of a valid reason to the management of his/her department, and who has no legitimate reason for not notifying the management of his/her department shall be considered as having resigned. Section 9.5 Seniority Lists. Every six (6) months, the City shall post and/or provide for posting on the Bulletin Boards described in Article X, a seniority list showing the continuous service of each employee covered by this Contract and will also provide the Union with a list of new hires and terminations within the bargaining unit during the prior six (6) months. A copy of the seniority list shall be furnished to the Union. The seniority dates and rankings shall be deemed correct unless errors are brought to the attention of the City within thirty (30) days following any posting. Section 9.6 Union Officer Continuation of Duties. Except as otherwise provided by law, the following Union officers, for the purpose of determining the order of layoff or transfer in lieu of layoff, shall have top seniority within the bargaining unit: President, Vice-President, Secretary-Treasurer, Recording Secretary and Chief Steward. Section 9.7 Promotions. The term promotion as used in this Contract, means the advancement of an employee to a higher paying classification. Whenever a bargaining unit job opening occurs, other than a temporary opening, in any existing job classification or as the result of the development or establishment of a new job classification, a notice of such opening shall be posted on all bulletin boards for two (2) weeks. During this period, eligible and qualified employees who wish to apply for the open bargaining unit position or job after it has been announced, may do so. The application shall be in writing, and it shall be submitted to the Human Resources Department. If there is more than one (1) employee who is qualified for promotion to a job classification in a work section for which no Civil Service examination is required by the Personnel Board, seniority shall be the determining factor where two (2) or more employees within the same work section have equal skill, ability, and qualifications. Page 67 of 104 Section 9.8 Demotions. The term demotion, as used in this Contract, means reassignment from a position in a higher classification to a position in a lower classification. Demotions may be made to avoid laying off employees, to provide employees with the opportunity to request changes to lower grades for personal convenience, disciplinary reasons, or when an employee is unable to perform satisfactorily the duties of his/her position. Section 9.9 Preference for Out-of-Class Assignments. Employees who have been previously permanently classified with regular status in a higher rated classification and who have been displaced due to a layoff from that classification but remain in the same division, shall have a preference for any out-of-class assignments to that classification for as long as he/she has recall rights to that classification. Section 9.10 Shift Preference. By August 1st of each year, the City will allow employees to file for shift preference (days off and start/end time). Shift Preference forms shall be filed eight (8) weeks prior to the October 1st effective start date of new shift assignments each year. The City shall make assignments to shifts using the Shift Preference forms for employees in the same job classification, within the same work section within a division. Assignments to shifts shall be based on seniority, skill, ability and past performance. If skill, ability and past performance among the persons seeking the reassignment are equal, seniority shall govern. In the event that management determines that granting the reassignment would provide unbalanced shifts or result in inexperienced persons or shifts without proper or sufficient supervision, then the shift preference shall not be granted. Shift preference forms will be valid for twelve (12) months from the filing date. An employee who wishes to grieve the implementation of this provision of the contract may elect to bypass Steps 1 and Steps 2 of the Grievance Procedure. If a vacancy occurs after the effective start date, previously filed shift preference forms will be used to assign a shift in a job classification which operates on more than one shift in a work section within a division. Assignments to shifts shall be based on seniority, skill, ability and past performance. If skill, ability and past performance among the persons seeking the reassignment is equal, seniority shall govern. In the event that management determines that granting the reassignment would provide unbalanced shifts or result in inexperienced persons or shifts without proper or sufficient supervision, then the shift preference shall not be granted. Page 68 of 104 Section 9.11 Temporary Employees. The City shall have the right to hire up to fifteen (15) temporary employees in any bargaining unit position. Such temporary employees shall be paid at the entry level step for the classification they fill. The City may exceed the cap on the number of temporary employees hired in any bargaining unit position by the number of unused temporary positions from any combination of other bargaining unit positions. Such temporary employees so hired may not exceed one (1) year of employment. Further, temporary employees may not work in a classification wherein a permanent Civil Service employee is laid off. The City recognizes the integrity of the certified bargaining unit and will not use the temporary appointment for the purpose of eroding the bargaining unit. Temporary employees will not be covered by Civil Service or this Agreement except as specified herein. Temporary employees will not receive any pension or fringe benefits, and they shall serve at the will of the employer. Temporary employees may make application for bargaining unit jobs as permanent vacancies are filled. Section 9.12 Vacations and Emergencies. a) When vacations are scheduled, permanent vacancies or shifts are filled, promotions are made to a position within the bargaining unit, seniority shall apply when all other factors are equal. b) Seniority will not apply in an emergency situation. Page 69 of 104 ARTICLE 10 GENERAL PROVISIONS Section 10.1 Work Rules and Incorporation of Personnel Rules. The City will provide the Union with a copy of any written work rules affecting employees covered by this Contract that are instituted or modified during the term of this Contract. The Union will be provided with an opportunity to discuss any change in a work rule, and its impact prior to implementation of the change. The current work rules will continue to be enforced, however, the Union will be provided with the opportunity to suggest changes or alternatives to the existing rules. The Personnel Rules are incorporated herein, unless otherwise specifically provided for in this Agreement. Section 10.2 Clean-up Time. When necessary at the end of the shift, employees shall be allowed up to fifteen (15) minutes clean-up time to include personal and work area cleanup time. Where facilities are provided, they shall be properly supplied. Section 10.3 Safety. a) The City agrees to comply with all laws applicable to its operations concerning the health and safety of the employees covered by this Contract. Each employee covered by this Contract will be required to comply with all safety and health rules and regulations established by the City. Each employee shall be given a copy of any written safety rules. In case a claim of an imminent unsafe condition which poses an immediate threat of loss of life or bodily harm, a Union Safety Representative shall be entitled to present such complaints and/or claims to the supervisor of the area in question or to the City Manager's designee. The City shall hold two (2) safety meetings per year in the departments for all employees to further safety on the job. b) W hen weather and operational conditions permit, employees may be permitted to ride on the rear of work vehicles provided such transportation is safe and the employees are seated securely. Management has the right to eliminate such transportation if, in the discretion of Management, such seating and/or transportation is unsafe. When weather conditions are such that continual, heavy rain, severe lightning or heavy wind storms are occurring in the immediate work area, the employees will not ride in the back of an open vehicle. c) During continual, heavy rain (downpour) or severe lightning storms, employees will take shelter or they will be directed to other work or training, so as to not be exposed to the severe lightning or heavy rain storms. Page 70 of 104 Section 10.4 Safety Glasses. If an employee requires prescription glasses to perform work and the hazards of his/her job are such that special safety glasses are necessary to ensure safe working conditions, the City will provide them. Such requests shall be subject to the approval of Risk Management. Section 10.5 Safety Equipment. The City will periodically issue certain safety equipment (including but not limited to a safety vest, a hard hat, safety glasses, hearing protection, chaps, shin guards, etc.) to each employee who must use such safety equipment while performing their duties as determined by the City’s Risk Management Department. Safety equipment damaged through non-negligent use at work must be returned to the City for replacement at no charge. However, the employee will be charged for any additional safety equipment to replace lost, misplaced, mistreated, and/or stolen equipment. Employees who are issued safety equipment by the City must wear that safety equipment as part of their uniform during all working hours when such safety equipment is necessary, and will be subject to progressive discipline each time that the employee reports to work or a job site without the required safety equipment. Action taken against the employee under this Section shall be appealable up to Step 3 of the Grievance Procedure. The City Manager’s designee for Labor Relations shall review any questions on the interpretation of this paragraph. Section 10.6 Emergency Medical Attention. The City agrees to place first aid kits at various work locations throughout the City. Furthermore, when emergency medical attention is necessary on the job, the City will arrange for expeditious transportation of the employee to a medical treatment facility. Section 10.7 Transportation of Employees. The City agrees that whenever employees must be transported from an assembly point to a work site or from one work site to another, during inclement weather, such as rain or cold, the means of transportation will be by an enclosed vehicle, wherever possible, except in extenuating circumstances. Section 10.8 Transfer. Transfer requested by employees to positions in the same classification or pay range within the City's employ may be affected in accordance with the Personnel Rules. The City shall make reasonable efforts to find suitable work for employees who suffer a physical ailment, injury or disability. Section 10.9 Civic Duty. Employees required to appear before a court of law or other public body on matters not related to their work, in which they are not personally involved (as plaintiff or defendant) and employees elected or appointed to any political or legislative position who request a leave of absence to perform their civic duty, shall be granted a leave of absence in accordance with the Personnel Rules. Page 71 of 104 Section 10.10 Unpaid Leaves. Leaves of absence for a limited period, not to exceed six (6) months, may be granted for any reasonable purpose in accordance with the Personnel Rules and such leaves may be extended or renewed at the employee's request and upon agreement by the City. Leaves of absence for up to six (6) months shall be granted to accept appointment to office within the Union or employment within the Union. Section 10.11 Negotiation Pay. Up to four (4) members of the Union's Negotiating Committee, during negotiations for a successor collective bargaining agreement, shall be paid for all time spent in negotiations which would otherwise have been time worked by the member of the Negotiating Committee. Negotiating time beyond the normal work hours or beyond an employee's s cheduled workday or workweek shall not be considered as time worked for the City. Section 10.12 Contracting and Subcontracting. a) When the City contemplates entering into a contract with an outside supplier or service agency to perform services presently being performed by the 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 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 this Agreement shall apply, provided that such laid-off employee shall be recalled to work before the City hires a new, permanent employee to perform the work of the classification held by the employee at the time of the layoff. Page 72 of 104 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 Union's right to bargain concerning the identified impact or effects of subcontracting out or transferring upon Bargaining Unit members. b) At least thirty (30) days prior to making a decision to subcontract or contract out a function being performed by bargaining unit employees, management will notify the bargaining unit. If the bargaining unit so request in writing within 10 days of notification, m anagement shall convene a Labor Management conference conducted by the Human Resources Department to discuss. Section 10.13 Sick and Vacation Leave Accrual and Maximum Payment on Termination. The present policy concerning sick leave, including the policy for payment of accrued sick and vacation time combined, up to a maximum of one year's salary, upon termination, retirement, or death, shall continue for all employees hired before October 1, 1978. The annual and sick leave accrual rate is subject to the City of Miami Beach Classified Employees’ Leave Ordinance. Regular full-time employees with less than ten (10) years of service shall accrue 96 hours of annual leave and 96 hours of sick leave, prorated bi-weekly, each payroll year. A payroll year is defined as the first through the last pay period of each calendar year. Regular employees with more than ten (10) but less than twenty (20) years of service shall accrue 136 hours of annual leave and 96 hours of sick leave, prorated bi-weekly, per payroll year upon completion of ten (10) years of employment. Regular employees with more than twenty (20) years of service shall accrue 176 hours of annual leave per year and 96 hours of sick leave, prorated bi-weekly, per payroll year upon completion of twenty (20) years of employment. Page 73 of 104 All employees covered by the agreement shall, under applicable ordinances, rules and regulations shall be allowed to accumulate no more than 500 hours of vacation leave per payroll year. At time of termination, death, or retirement, all employees covered by this agreement shall be permitted a maximum payment of 620 hours vacation leave. In addition to vacation leave, all employees covered by the agreement shall be permitted a maximum payment at time of termination, death, or retirement of one-half (50%) of accumulated sick leave to a maximum of 600 hours of sick leave. All employees covered by the agreement shall 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. The “must use” accrual on vacation leave from one payroll year to the next is 500 hours. Section 10.14 Perfect Attendance Bonus. Employees who perform the full scope of their regularly assigned classification for each calendar year shall receive a lump sum bonus of $300400.00 (non- pensionable earnings) provided that they have not used sick leave, or been absent for any reason that was not authorized at least 48 hours in advance. An employee will also be allowed two (2) incidents of tardiness and one (1) emergency vacation. Employees out on ISC will not be eligible for the perfect attendance bonus. Section 10.15 Changes in Job Specifications and New Classifications. Changes in existing specifications or the creation of new classifications shall be submitted for review and comment by the Union prior to implementation or submission to the Personnel Board. Section 10.16 Opportunity for Advancement. To the extent that funds and personnel are available, the City is committed to facilitating the efforts of employees, through training, to increase their efficiency, broaden their knowledge, and become more effective in performing their duties in order to enhance their opportunity for promotion. Section 10.17 Union Conventions. Up to a maximum of three four (34) delegates of the Union will be permitted to annually use a pool of paid time-off, not to exceed a total of ten (10) working days in any one fiscal year, for the purpose of attending State and International conventions. The Union will provide the City with the name(s) of the delegate(s) selected to use the Convention time-off under this section and the Union must provide the dates and locations of any such conventions for which a leave of absence under this section is requested at least six (6) weeks in advance of the convention so that the department can make appropriate arrangements. Requests for use of this paid leave may be denied if the time off will create any scheduling or manpower problems. In addition, up to five (5) duly authorized delegates of the Union may request a leave of absence without pay, not to exceed three (3) weeks per delegate in any one year and no more than two (2) weeks at a time, for the purpose of attending Page 74 of 104 conventions and training seminars of the Union. Requests for this unpaid leave shall be submitted at least one month prior to commencement of the leave and said requests will not be unreasonably denied. Section 10.18 Educational Leave. 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 or career ladder direction of said employee. The City's existing tuition refund program shall be continued for the term of this Contract. Upon ratification of this Agreement, employees covered by the bargaining unit are eligible for the tuition assistance program set forth in Resolution No. 2015-28891, adopted January 14, 2015, which provides the following levels of benefit: Six Credit hours per semester for a total of twelve credits per calendar year will be reimbursed, as follows:  Approved undergraduate, community college courses and non-credit/certificate courses will be reimbursed as follows: o 80% for courses in which the employee earns an A o 60% for courses in which the employee earns a B o 40% for courses in which the employee earns a C  Approved graduate courses will be reimbursed as follows: o 80% for courses in which the employee earns an A o 60% for courses in which the employee earns a B The levels of benefit identified above may be subject to change by the City Commission, but in no event shall be less than the levels of benefit identified below: One course per semester/trimester/quarter equivalent to three credits for a total of twelve credits per calendar year will be reimbursed, as follows: • Approved undergraduate community college courses and non-credit/certificate courses will be reimbursed at an amount not exceeding $158.25 • Approved undergraduate university courses will be reimbursed at an amount not exceeding $251.16 • Approved graduate courses will be reimbursed at an amount not exceeding $531.15 Page 75 of 104 Section 10.19 Meetings Leave. The Union shall have the right to designate one (1) representative, authorized with pay for time he/she would have otherwise been working, to attend any formal meetings and/or hearings of any sub-divisions of the governing bodies of the City, including City Commission meetings, when a matter relating to the Union is on the agenda for such meeting and if prior notice to the representative's supervisor has been given. Section 10.20 Union Bulletin Boards. The City will make available one (1) enclosed bulletin board for the posting of official Union notices at each of the following locations, and the Union will limit the posting of Union notices to such bulletin boards: 1) Public Works Operations - 451 Dade Boulevard 2) Sanitation - 140 MacArthur Causeway 3) Fleet Management - 140 MacArthur Causeway 4) Parks Maintenance Division - 2100 Meridian Avenue 5) Fire Department Service Area 6) Meter Parking – 1837 Bay Road 7) City Police Station 8) City Hall 9) Recreation Centers (provided AFSCME pays the cost of the new board(s)): a. Teen Center – 2100 Washington Avenue b. Flamingo Park & 11th Street at Jefferson Avenue – Tennis Courts and Swimming Pool c. Muss Park – 4400 Chase Avenue d. Normandy Isle Park and Swimming Pool (Afterschool Programs) – 7030 Trouville Esplanade e. North Shore Park Youth Center – 501 72nd Street f. Polo Park (Sport Camp) – 4301 N. Michigan Street g. Scott Rakow Youth Center – Ice Rink and Swimming Pool – 2700 Sheridan Avenue h. South Point Park (Fishing and Water Camps) – 1 Washington Avenue i. Stillwater Park (Outdoor rentals) – 8440 Hawthorne Avenue Section 10.21 Labor Management Committee. In order to strengthen the parties’ labor-management relations, the AFSCME agrees to participate with the City in labor-management committees to address the issues in Departments. Such committees may be requested by the AFSCME or by the City (through the City Manager, Department Directors, or designees) to meet at mutually accepted times. The parties agree that uniforms will be discussed through such Labor Management Committees. The City and Union agree to discuss heat index mitigation measures at labor-management meetings. Page 76 of 104 Section 10.22 Me Too and Re-openers. The AFSCME reserves the right to a “Me too” agreement with the CWA and GSA bargaining units on parallel economic issues including but not limited to wages, COLA and pension should the City modify those collective bargaining agreements. Any such discussions shall not exceed a period of ninety (90) days from the day of the first meeting, and in no event shall the discussions continue beyond the contract expiration date. Page 77 of 104 ARTICLE 11 DRUG AND ALCOHOL TESTING Section 11.1. The City and the Union recognize that employee substance and alcohol abuse has an adverse impact on City government, the image of City employees, the general health, welfare and safety of employees, and to the general public at large. Therefore, it is in the best interest of the parties to negotiate over the subject of drug and alcohol testing, and reasonable suspicion testing. Section 11.2. Using, selling, possessing or being under the influence of illegal drugs while on or off duty is prohibited. Employees are further prohibited from consuming alcohol, illegal drugs or controlled substances on duty and/or abusing alcohol and drugs off duty to the extent that such use and/or abuse tends to have an effect upon the performance of their job functions. The use of controlled substances is permitted only when prescribed to the employee by a licensed health care provider and properly used by the employee/patient. Misuse or abuse of prescribed controlled substances is prohibited. If a test result for a controlled substance is positive, the employee shall be solely responsible for providing the Medical Review Officer (MRO) with the prescription number and the name and telephone number of the pharmacy where the prescription was filled. A new or back-dated unfilled prescription shall not be accepted. The City’s current 10-panel drug test and cut-off level are as follows: Drug Initial Test Level GC/MS Confirm Test Level Amphetamines 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 300 ng/ml Methaqualone 300 ng/ml 150 ng/ml Opiates 2000 ng/ml 2000 ng/ml Phencyclidine 25 ng/ml 25 ng/ml Propoxyphene 300 ng/ml 150 ng/ml Section 11.3. The City Manager, Assistant City Manager, department director or, in his absence, the assistant director or appropriate division director, may direct any employee to submit to a urine analysis, and breathalyzer, when based on objective factors there is reasonable suspicion that an employee is under the influence of or using alcohol, drugs or controlled substances on-duty, on an off-duty detail Page 78 of 104 and/or when an employee has caused, contributed to or been involved in an accident (i.e., while operating a City vehicle whether on-duty or off-duty). Reasonable suspicion testing may include but is not limited to:  Observable phenomena while at work, such as a direct observation of drug or alcohol use or the physical symptoms or manifestations of being under the influence of a drug or alcohol;  Apparent physical state of intoxication or drug induced impairment of motor functions;  Incoherent or irrational mental state;  Marked changes in personal behavior, or attitude not attributable to other factors or a significant deterioration in work performance;  Information received from a reliable credible source that indicates the employee has been involved in alcohol or illegal drug use;  Other employee actions or conduct that lead to a suspicion to believe the employee is under the influence of alcohol or drugs, suffers from substance abuse, or is in violation of City or Departmental rules concerning the use of such substances;  Excessive work related accidents, whether or not they result in injury to self or others;  Patterns in absenteeism for which there is no other discernible reason;  Evidence that an employee has used, possessed, sold, solicited, or transferred drugs or alcohol while on the City’s premises or while operating City vehicles, machinery or equipment. If a test result for a controlled substance is positive, the employee shall be solely responsible for providing the Medical Review Officer (MRO) with the prescription number and the name and telephone number of the pharmacy where the prescription was filled. A new or back -dated unfilled prescription shall not be accepted. Section 11.4. In the event a urine specimen is tested as positive, a portion of that sample will be subjected to a second test at the employee’s request and at the employee’s expense. If the second test is negative, the employee will be reimbursed by the City. Section 11.5. Upon any positive drug or alcohol testing result, the City may take whatever action, if any, it deems appropriate. In the event that said action is in the form of discipline, the employee may grieve said discipline through the contractual grievance/arbitration procedure. Section 11.6. The parties agree that an employee's refusal to submit (“refusal t o submit” includes adulterating a sample or submitting a false sample) to drug or alcohol testing in accordance with the provisions of this Article may result in disciplinary action being taken against the employee up to and including dismissal. Page 79 of 104 Section 11.7 Drug/Alcohol Random Testing. It is important to the safety and welfare of employees and the public that bargaining unit members not be impaired by alcohol while on duty nor use illegal drugs. To demonstrate the commitment of the City and the Union to this notion, employees will be subject to random testing. Employees will be chosen from a blind list by the Human Resources Department or its designee. Those employees who have a CDL license and are in the CDL Drug Testing Pool will not be part of the AFSCME Drug/Alcohol Testing Pool since the employees who hold a CDL license are already being randomly tested. In other words, all AFSCME bargaining unit employees will be in either the CDL Random Drug Testing Pool or the AFSCME bargaining unit Random Drug/Alcohol Testing Pool. Urine analysis shall be administered to test for unlawful drugs and controlled substances. Breathalyzer testing shall be administered to test for alcohol. In the case of a random alcohol test, a result of 0.04 or greater is indicative of alcohol impairment and constitutes a positive result. A confirmation breathalyzer test shall be administered following the initial test in accordance with the procedures in Title 49 Code of Federal Regulations, Part 40. In the case of a random drug test, the following conditions will be applicable: (a) Urine specimens shall be tested by the certified laboratory used by the City’s drug testing facility. (b) A split specimen of the urine sample shall be obtained in accordance with Title 49 Code of Federal Regulations, Part 40, and may be tested at the employee’s request and at the employee’s expense. The split specimen shall be tested at a second certified laboratory selected by the employee and approved by the City’s drug testing facility. (c) If the split specimen test is negative, the positive result is cancelled and the employee will be reimbursed by the City for the cost of the split specimen testing. Page 80 of 104 Section 11.8 Last Chance Agreement. 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 from taking concurrent disciplinary action. The Agreement shall require participation in a rehabilitation program, unannounced follow-up testing for a period of 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. 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 440.102(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 tests 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 laboratory 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. Page 81 of 104 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, 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) Analogues 500 ng/ml 250 ng/ml Opiates 2000 ng/ml 2000 ng/ml Phencyclidine 25 ng/ml 25 ng/ml Propoxyphene 300 ng/ml 150 ng/ml 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 and are in the CDL random drug testing pool will not be part of the AFSCME drug testing pool. Page 82 of 104 Last Chance Agreement. 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 from taking concurrent disciplinary action. The Agreement shall require participation in a rehabilitation program, unannounced follow-up testing for a period of 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. Page 83 of 104 ARTICLE 12 CONDUCT AND PERFORMANCE EXPECTATIONS After completion of impact bargaining, the City will provide for a combined attendance track, which is inclusive of but not limited to absenteeism, tardiness, AWOL, and failure to clock in/out. Further, providing the city the ability to consider other conduct and performance deficiencies, depending on severity, when issuing discipline. The City shall draft revised work rules. Page 84 of 104 ARTICLE 13 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 provided for a Deferred Retirement Option Plan (DROP) for all employees in AFSCME; executed on December 18, 2008,  Memorandum of Understanding providing for employees to file for Shift Preference, for the 2011 year only, by August 8, 2011; consequently, the effective start date of the new shift assignments, for the 2011 year only, was October 8, 2011; executed on July 29, 2011.  Memorandum of Understanding providing to settle Labor Relations Grievance # 07/08- 15 (AFSCME Grievance #890) which concerns compensation for the City’s Landfall Team during certain weather-related emergency events; executed on November 6, 2008. Page 85 of 104 ARTICLE 14 TEMPORARY VEHICLE ASSIGNMENT The City shall provide temporary vehicle assignments for Union business related travel within the City of Miami Beach at the City’s sole discretion and provided a vehicle is available. Page 86 of 104 ARTICLE 1215 SAVINGS In the event any article, section, or portion of this Contract should be held invalid and unenforceable by any court or higher authority of competent jurisdiction, such decision shall apply only to the specific article, section, or portion thereof specified in the decision, and upon issuance of such decision, the City and the Union agree to immediately negotiate a substitute for the invalidated article, section, or portion thereof. Page 87 of 104 ARTICLE 1316 ENTIRE CONTRACT The parties acknowledge that during the negotiations which resulted in this Contract, each had the right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Contract. Therefore, the City and the Union, for the duration of this Contract, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to, or covered or not referred to or covered in this Contract. Page 88 of 104 ARTICLE 1417 TERM OF CONTRACT This Contract shall be effective as of date of ratification, and shall remain in full force and effect through the 30th day of April, 20162019. It shall automatically be renewed from year to year thereafter unless either party shall notify the other in writing one hundred twenty (120) days prior to the anniversary date that it desires to modify this Contract. Any such notification of a desire to open negotiations shall include specific articles proposed for renegotiations, and only such articles shall be mandatorily negotiated. This Contract shall remain in full force and effect during the period of negotiations, unless either party gives the other party at least ten (10) days written notice of its desire to terminate this Contract. Page 89 of 104 Executed by the parties hereto on the ________ day of __________________ 20142016, by the Mayor and City Clerk. AMERICAN FEDERATION OF STATE, CITY OF MIAMI BEACH, FLORIDA COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 1554 (AFSCME) By: _________________________________ By: ________________________________ Norman Herdocia Jimmy L. Morales Regional Director City Manager By: _________________________________ Perman TerryCarlos George AFSCME, Local 1554 President By: _________________________________ Bertran Walthour AFSCME, Local 1554 Vice President By: _________________________________ Joseph Simmons AFSCME, Local 1554 Treasurer By: _________________________________ Malcolm Cobb AFSCME, Local 1554 Secretary Approved by Vote of the City Commission , 2016.April 23, 2014. ________________________________ Philip Levine Mayor Attest:________________________________ Rafael E. Granado City Clerk Page 90 of 104 AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES AFSCME LOCAL 1554 ELECTION OF REMEDY FORM Grievance No. (if applicable)____________ This form must be completed and signed prior to the second step of the grievance procedure, or at the time when appeal to the Hearing Examiner is filed. Employee must elect, sign, and date only one of the two following choices: 1._____ I/We elect to utilize the Grievance Procedure contained in the current Contract between the City of Miami Beach, Florida, and AFSCME Local 1554. Except as provided in number two (#2) below the Union has the exclusive right to represent all employees and to control the submission of grievances to arbitration. __________________________________ _______________ 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 Contract between the City of Miami Beach, Florida, and AFSCME Local 1554. __________________________________ _______________ Signature Date If Number 1 is elected, sign if you wish to authorize the following: I/We hereby authorize AFSCME Local 1554 to process the attached grievance on my/our behalf. __________________________________ _______________ Signature Date Page 91 of 104 Addendum: Hearing Examiner Rules HEARING EXAMINER RULES SECTION 1: REQUEST FOR HEARING: Any member of the bargaining unit may appeal from disciplinary action within ten (10) days after the delivery or mailing to him/her of such written notice, by filing a written request for a hearing with the Hearing Examiner to the City Manager’s designee for Labor Relations. If the tenth day falls on a Saturday or Sunday, he/she will have the ability to file for an appeal on the following Monday. SECTION 2: DISCIPLINARY HEARINGS: (a) The City Manager’s designee for Labor Relations not later than ten (10) days after receipt of such appeal, shall fix a place and time for holding a public hearing within a reasonable time thereafter. Written notice of such time and place shall be delivered or mailed promptly to both the Appellant and the Appointing Officer. Only the Hearing Examiner may grant a continuance to either party for good and sufficient cause. No continuance shall be granted to either party unless such request for continuance is received in writing by the City Manager’s designee for Labor Relations at least ten (10) days prior to the date of said scheduled hearing of appeal. (b) The Hearing Examiner may, at the request of the Appointing Officer or the Appellant, call or request any person or records for the purpose of ascertaining the facts. (c) The Appointing Officer or a representative designated by him/her, shall have the right to be present at such hearing and to be represented by the City Attorney. (d) The Appellant shall have the right to be present at such hearing and to be represented by an AFSCME bargaining agent or an attorney of his/her choice. (e) The findings of the Hearing Examiner shall be based upon competent substantial evidence of record. (f) The Appointing Officer shall have the burden of presenting evidence to support the truth of the charges as contained in the written notice. (g) The Appellant shall have the right to present evidence to refute the charges brought against him/her. (h) The Appellant shall have the right to be confronted by his/her accuser, and the Appellant and the Appointing Officer shall each have the right to cross - examine the witnesses of the other. (i) After both the Appointing Officer and the Appellant shall have presented their testimony and evidence, the Hearing Examiner shall receive argument in summation. The Appointing Officer shall have both the opening and closing argument. (j) After the completion of closing oral argument, the Hearing Examiner shall consider the testimony and evidence presented before the Hearing Examiner to determine the truth or untruth of the charges. Page 92 of 104 (k) Within five (5) working days after the completion of the hearing, the Hearing Examiner shall issue his or her findings as to the truth or untruth of the charges in writing. The City Manager’s designee for Labor Relations shall promptly deliver or mail a copy of such findings to the Appointing Officer and to the Appellant. (l) A copy of the written statement given the officer or employee, a copy of any reply thereto, and a copy of the findings of the Hearing Examiner shall be filed as a Public Record in the Human Resources Department. Page 93 of 104 Range Hourly Bi-weekly Annual Hourly Bi-weekly Annual 04 12.9973$ 1,039.79$ 27,034.47$ 21.2603$ 1,700.82$ 44,221.36$ 05 13.6553$ 1,092.43$ 28,403.10$ 22.3366$ 1,786.93$ 46,460.06$ 06 14.3466$ 1,147.73$ 29,840.99$ 23.4674$ 1,877.39$ 48,812.10$ 07 15.0729$ 1,205.83$ 31,351.70$ 24.6554$ 1,972.43$ 51,283.22$ 08 15.8360$ 1,266.88$ 32,938.88$ 25.9036$ 2,072.29$ 53,879.43$ 09 16.6377$ 1,331.02$ 34,606.41$ 27.2149$ 2,177.20$ 56,607.08$ 10 17.4800$ 1,398.40$ 36,358.35$ 28.5927$ 2,287.42$ 59,472.81$ 11 18.3649$ 1,469.19$ 38,199.00$ 30.0402$ 2,403.22$ 62,483.62$ 12 19.2946$ 1,543.57$ 40,132.83$ 31.5610$ 2,524.88$ 65,646.85$ 13 20.2714$ 1,621.71$ 42,164.55$ 33.1588$ 2,652.70$ 68,970.23$ 14 21.2977$ 1,703.81$ 44,299.13$ 34.8374$ 2,786.99$ 72,461.84$ 15 22.3759$ 1,790.07$ 46,541.77$ 36.6011$ 2,928.09$ 76,130.23$ City of Miami Beach EXHIBIT #2(B) Effective upon ratification date of the 2013-2016 collective bargaining agreement Minimum Maximum AFSCME Bargaining Unit Pay Ranges (Based on 2009 Condrey & Associates Job Classification and Compensation Study, as amended) Includes 2% COLA effective April 1, 2014 Page 94 of 104 Range Hourly Bi-weekly Annual Hourly Bi-weekly Annual 04 13.1273$ 1,050.19$ 27,304.81$ 21.4729$ 1,717.83$ 44,663.57$ 05 13.7919$ 1,103.35$ 28,687.13$ 22.5599$ 1,804.79$ 46,924.66$ 06 14.4901$ 1,159.21$ 30,139.40$ 23.7020$ 1,896.16$ 49,300.22$ 07 15.2237$ 1,217.89$ 31,665.22$ 24.9019$ 1,992.16$ 51,796.05$ 08 15.9944$ 1,279.55$ 33,268.27$ 26.1626$ 2,093.01$ 54,418.22$ 09 16.8041$ 1,344.33$ 34,952.47$ 27.4871$ 2,198.97$ 57,173.15$ 10 17.6548$ 1,412.38$ 36,721.94$ 28.8786$ 2,310.29$ 60,067.54$ 11 18.5486$ 1,483.88$ 38,580.99$ 30.3406$ 2,427.25$ 63,108.46$ 12 19.4876$ 1,559.01$ 40,534.16$ 31.8766$ 2,550.13$ 66,303.32$ 13 20.4741$ 1,637.93$ 42,586.19$ 33.4904$ 2,679.23$ 69,659.93$ 14 21.5106$ 1,720.85$ 44,742.12$ 35.1858$ 2,814.86$ 73,186.46$ 15 22.5996$ 1,807.97$ 47,007.19$ 36.9671$ 2,957.37$ 76,891.53$ Minimum Maximum AFSCME Compensation and Classification Plan EXHIBIT #2(C) Effective April 1, 2015 (Includes 1% COLA) City of Miami Beach (Based on 2009 Condrey & Associates Job Classification and Compensation Study, as amended) Page 95 of 104 Range Hourly Bi-weekly Annual Hourly Bi-weekly Annual 04 13.2586$ 1,060.69$ 27,577.86$ 21.6876$ 1,735.01$ 45,110.21$ 05 13.9298$ 1,114.38$ 28,973.99$ 22.7855$ 1,822.84$ 47,393.91$ 06 14.6350$ 1,170.80$ 30,440.80$ 23.9390$ 1,915.12$ 49,793.22$ 07 15.3759$ 1,230.07$ 31,981.87$ 25.1510$ 2,012.08$ 52,314.01$ 08 16.1543$ 1,292.34$ 33,600.95$ 26.4242$ 2,113.94$ 54,962.40$ 09 16.9721$ 1,357.77$ 35,301.99$ 27.7620$ 2,220.96$ 57,744.88$ 10 17.8313$ 1,426.51$ 37,089.16$ 29.1674$ 2,333.39$ 60,668.22$ 11 18.7340$ 1,498.72$ 38,966.80$ 30.6440$ 2,451.52$ 63,739.54$ 12 19.6868$ 1,574.95$ 40,948.59$ 32.1954$ 2,575.63$ 66,966.35$ 13 20.6789$ 1,654.31$ 43,012.05$ 33.8253$ 2,706.02$ 70,356.53$ 14 21.7257$ 1,738.06$ 45,189.54$ 35.5377$ 2,843.01$ 73,918.32$ 15 22.8256$ 1,826.05$ 47,477.26$ 37.3368$ 2,986.94$ 77,660.45$ Minimum Maximum EXHIBIT #1 A City of Miami Beach AFSCME Compensation and Classification Plan Effective First Pay Period Ending April of 2016 (Includes 1% COLA) Page 96 of 104 Range Hourly Bi-weekly Annual Hourly Bi-weekly Annual 04 13.6563$ 1,092.51$ 28,405.19$ 22.3382$ 1,787.06$ 46,463.51$ 05 14.3477$ 1,147.82$ 29,843.21$ 23.4691$ 1,877.53$ 48,815.72$ 06 15.0741$ 1,205.92$ 31,354.03$ 24.6572$ 1,972.58$ 51,287.02$ 07 15.8372$ 1,266.97$ 32,941.33$ 25.9055$ 2,072.44$ 53,883.43$ 08 16.6389$ 1,331.11$ 34,608.98$ 27.2170$ 2,177.36$ 56,611.27$ 09 17.4813$ 1,398.50$ 36,361.05$ 28.5948$ 2,287.59$ 59,477.23$ 10 18.3663$ 1,469.30$ 38,201.83$ 30.0424$ 2,403.39$ 62,488.26$ 11 19.2961$ 1,543.68$ 40,135.80$ 31.5633$ 2,525.07$ 65,651.73$ 12 20.2774$ 1,622.19$ 42,177.05$ 33.1612$ 2,652.90$ 68,975.34$ 13 21.2992$ 1,703.94$ 44,302.41$ 34.8400$ 2,787.20$ 72,467.23$ 14 22.3775$ 1,790.20$ 46,545.23$ 36.6038$ 2,928.30$ 76,135.87$ 15 23.5104$ 1,880.83$ 48,901.58$ 38.4569$ 3,076.55$ 79,990.26$ Minimum Maximum EXHIBIT #1 B City of Miami Beach AFSCME Compensation and Classification Plan Effective First Pay Period Ending July of 2017 (Includes 3% COLA) Page 97 of 104 Range Hourly Bi-weekly Annual Hourly Bi-weekly Annual 04 14.0660$ 1,125.28$ 29,257.35$ 23.0084$ 1,840.67$ 47,857.42$ 05 14.7781$ 1,182.25$ 30,738.51$ 24.1732$ 1,933.85$ 50,280.20$ 06 15.5263$ 1,242.10$ 32,294.65$ 25.3969$ 2,031.76$ 52,825.63$ 07 16.3123$ 1,304.98$ 33,929.57$ 26.6827$ 2,134.61$ 55,499.93$ 08 17.1381$ 1,371.05$ 35,647.25$ 28.0335$ 2,242.68$ 58,309.61$ 09 18.0057$ 1,440.46$ 37,451.89$ 29.4527$ 2,356.21$ 61,261.54$ 10 18.9173$ 1,513.38$ 39,347.89$ 30.9437$ 2,475.50$ 64,362.91$ 11 19.8749$ 1,590.00$ 41,339.88$ 32.5102$ 2,600.82$ 67,621.28$ 12 20.8858$ 1,670.86$ 43,442.36$ 34.1561$ 2,732.48$ 71,044.60$ 13 21.9382$ 1,755.06$ 45,631.49$ 35.8852$ 2,870.82$ 74,641.24$ 14 23.0488$ 1,843.91$ 47,941.58$ 37.7019$ 3,016.15$ 78,419.95$ 15 24.2157$ 1,937.26$ 50,368.63$ 39.6106$ 3,168.85$ 82,389.97$ Minimum Maximum EXHIBIT #1 C City of Miami Beach AFSCME Compensation and Classification Plan Effective First Pay Period Ending July of 2018 (Includes 3% COLA) Page 98 of 104 Bryant Miller Attorneys at Law ^amlaist International Center 1 SE 3rd Avenue Suite 2200 Miami, FL 33131 Tel 305.374.7349 Fax 305.374.0895 October 20, 2016 Mr. Jimmy L. Morales City Manager City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 City of Miami Beach and AFSCME Collective Bargaining Agreement May 1, 2016 - April 30, 2019 Re: Dear Mr. Morales: As requested, 1 have reviewed the tentative collective bargaining agreement between the City of Miami Beach and AFSCME for the period May 1, 2016 - April 30, 2019. Based on this review, this is to notify you that 1 approve the agreement as to form and legality. Very Truly Yours, BRYANT MILLER OLIVE P.A. -1//'A James C. Crosland Donald M. Papy, Esquirecc: . , ^ 25181/001/01J59648.ppCXvlAtlanta * acKsonville •OrlandoMiami Tallahassee Washington, D.C.TampaPage 99 of 104 FY 2015/16 FY 2016/17 FY 2017/18 1% COLA (04/1/16) 87,500$ 175,000$ 175,000$ 3% COLA (7/1/17) 135,000$ 540,000$ 3% COLA (7/1/18) 140,000$ Holiday leave as time worked 28,000$ 28,000$ Increase educational leave and tuition refund 22,000$ 22,000$ Tool allowance - $45 for Mechanic II & III and Fire Equipment Mechanic 1,690$ 1,690$ Hazard duty - $2 10/1/16 10,000$ 10,000$ Skill pay supplement (2,500 one-time, non-pensionable)30,000$ Perfect attendance bonus ($400 non-pensionable)4,500$ 4,500$ Out of class - $2 10/1/16 27,000$ 27,000$ 87,500$ 433,190$ 948,190$ 1,468,880$ Impact of mortality rate changes on ARC 570,000$ FY 2015/16 Merit Increase (2%) 205,000$ 329,000$ 329,000$ FY 2016/17 Merit Increase (2%) 212,000$ 339,000$ FY 2017/18 Merit Increase (2%) 210,000$ 205,000$ 541,000$ 1,448,000$ 2,194,000$ 292,500$ 974,190$ 2,396,190$ 3,662,880$ Note: The figures contained herein result from an order of magnitude analysis, and are therefore estimates AFSCME Page 100 of 104 Resolutions - R7 B COMMISSION MEMORANDUM TO:Honorable Mayor and Members of the City Commission FROM:Jimmy L. Morales, City Manager DAT E:October 26, 2016 SUBJECT:A RESOLUTI ON OF THE MAYOR AND CITY COMMI SSI ON OF THE CITY OF MI AMI BEACH, FLORI DA, OPPOSING FLORI DA AMENDMENT 1 (2016), WHICH AMENDMENT SHALL BE SUBMITTED TO FLORI DA’S VOTERS ON NOVEMBER 8, 2016, ON THE BASIS THAT AMENDMENT 1 W OULD CONSTITUTI ONALIZE BARRIERS AGAINST CONSUMERS WHO DESI RE TO OWN OR LEASE SOLAR ENERGY EQUIPMENT. RECOMMENDATION Adopt the Resolution. ANALY SIS Cities and urban areas are in a unique position to combat climate change, because cities and urban areas are responsible f or producing 70% of climate-changing greenhouse gas ("GHG") emissions worldwide. By taking positive steps to reduce GHG emissions and otherwise mitigate the ef f ects of climate change, cities can improve their quality of life, enhance their economic prosperity, and protect the livability of our cities. On July 20, 2016, the City Commission adopted a Resolution supporting Florida Amendment 4 (2016), entitled “Solar Devices or Renewable Energy Source Devices, Exemption from Certain Taxation and Assessment”, in order to support tax reductions on solar energy equipment and promote the use of solar energy in Florida. Allowing non-utility solar providers to provide solar generated electricity directly to customers through a Power Purchase Agreement (“PPA”) can remove the upfront cost f or solar power systems to homeowners and expand solar power options to residential and commercial tenants ? thereby expanding the choice for solar power to all Floridians. Florida spends approximately $58 billion each year buying carbon-based fuels from other states and countries to power our homes, businesses, and cars. Solar power would keep energy dollars here at home and create well-paying local jobs. Supporting policies that encourage solar will help lowering the cost of solar power and consequently lead to signif icantly more solar e ne rgy development. Under the guise of “protecting consumer rights,” Amendment 1 would elevate the existing rights of our lawmakers to f urther regulate solar energy use and establish that regulatory power as a constitutional right in Florida, creating a barriers f or solar development. The following is presented to the members of the Mayor and City Commission for discussion and further direction. The Administration recommends that the Mayor and City Commission Page 101 of 104 adopt the herein Resolution opposing to Florida Amendment 1 (2016). Legislative Tracking Environment and Sustainability Sponsor Commissioner John Elizabeth Aleman ATTACHMENTS: Description Resolution Page 102 of 104 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, OPPOSING FLORIDA AMENDMENT 1 (2016), WHICH AMENDMENT SHALL BE SUBMITTED TO FLORIDA'S VOTERS ON NOVEMBER 8, 2016, ON THE BASIS THAT AMENDMENT 1 WOULD CONSTITUTIONALIZE BARRIERS AGAINST CONSUMERS WHO DESIRE TO OWN OR LEASE SOLAR ENERGY EQUIPMENT. WHEREAS, on July 20, 2016, the City Commission adopted Resolution No. 2016-29523, supporting Florida Amendment 4 (2016), entitled "Solar Devices or Renewable Energy Source Devices; Exemption from Certain Taxation and Assessment," in order to support tax reductions on solar energy equipment and promote the use of solar energy in Florida; and WHEREAS, Amendment 4 was overwhelmingly approved by Florida's voters on August 30, 2016 (72.62% voted in favor of Amendment 4); and WHEREAS, backed by energy utility groups, Florida Amendment 1 (2016), entitled "Rights of Electricity Consumers Regarding Solar Energy Choice," purports to amend the Florida Constitution to establish a right "for consumers to own or lease solar equipment installed on their property to generate electricity for their own use." "State and local governments shall retain their abilities to protect consumer rights and public health, safety and welfare, and to ensure that consumers who do not choose to install solar are not required to subsidize the costs of backup power and electric grid access to those who do" ("Amendment 1"); and WHEREAS, Floridians already have the right to own solar equipment on their own property to generate electricity for their own use; and WHEREAS, under the guise of "protecting consumer rights," Amendment 1 would elevate the existing rights of our lawmakers to further regulate solar energy use and establish that regulatory power as a constitutional right in Florida; and WHEREAS, as Justice Barbara Pariente wrote in her dissent to the Florida Supreme Court's advisory opinion regarding Amendment 1, Let the pro-solar energy consumers beware. Masquerading as a pro- solar energy initiative, this proposed constitutional amendment, supported by some of Florida's major investor-owned electric utility companies, actually seeks to constitutionalize the status quo. The ballot title is affirmatively misleading by its focus on "Solar Energy Choice," when no real choice exists for those who favor expansion of solar energy. The ballot language is further defective for purporting to grant rights to solar energy consumers that are illusory; and failing, as required, to clearly and unambiguously set forth the chief purpose of the proposed amendment—to maintain the status quo favoring the very electric utilities who are the proponents of this amendment. Advisory Opinion to Atty. Gen. re Rights of Elec. Consumers regarding Solar Energy Choice, 188 So. 3d 822, 834-35 (Fla. 2016); and Page 103 of 104 WHEREAS, the City of Miami Beach ("City") and other cities and urban areas are in a unique position to combat climate change, because cities and urban areas are responsible for producing 70% of climate-changing greenhouse gas ("GHG") emissions worldwide; and WHEREAS, by taking positive steps to reduce GHG emissions and otherwise mitigate the effects of climate change, cities can improve their quality of life, enhance their economic prosperity, and protect the livability of our cities; and WHEREAS, unlike conventional power generation, solar power generates electricity with zero air emissions and no water use, thereby moving the county, state, and country to a cleaner and more sustainable energy future; and WHEREAS, Florida has the greatest potential for rooftop solar power of any state in the eastern United States, but lags behind less sunny states in realizing that potential. With 9 million electric utility customer accounts, Florida has only 8,500 customer-sited solar systems; and WHEREAS, by law, Florida expressly denies citizens and businesses the freedom to buy solar power electricity directly from a provider other than a power company; and WHEREAS, nearly 75% of campaign contributions in support of Amendment 1 were provided by power companies; and WHEREAS, Florida spends approximately $58 billion each year buying carbon-based fuels from other states and countries to power our homes, businesses, and cars; and WHEREAS, solar power would keep energy dollars here at home and create well-paying local jobs; and WHEREAS, in a recent poll, 74% of Florida voters said they support changing the state's current law to allow Floridians to contract directly with solar power providers for their electricity. Removing barriers to solar choice will allow more Floridians to take advantage of the power of the sun'; and WHEREAS, lowering the cost of solar power improves the economic benefit of solar power and can lead to significantly more solar energy development. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby oppose Florida Amendment 1 (2016), which Amendment shall be submitted to Florida's voters on November 8, 2016, on the basis that Amendment 1 would constitutionalize barriers against consumers who desire to own or lease solar energy equipment. PASSED and ADOPTED this day of , 2016. ATTEST: Mayor Philip Levine Rafael E. Granado, City Clerk Northstar Opinion Research, Survey of Florida Registered Voters, October 2014. APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ev,---nzet d azi Pate City Att Page 104 of 104