HomeMy WebLinkAboutR-2024-029 Authorizing the MOU with AFSCMERESOLUTION NO. 2024-QZl1
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, JOINING WITH THE AMERICAN FEDERATION OF
STATE, COUNTY AND MUNICIPAL EMPLOYEES ("AFSCME") UNION TO
ENTER INTO A MEMORANDUM OF UNDERSTANDING ("MOU")
REGARDING ALLOWING EMPLOYEES TO WORK AT AFTERHOURS
SPECIAL EVENTS, AND ESTABLISHING A PROCEDURE FOR THE
OFFERING AND ACCEPTING OF SUCH WORK BY EMPLOYEES WITHIN
THE BARGAINING UNIT; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City and AFSCME are parties to a Collective Bargaining Agreement
covering e mployees whose classifications are included within the bargaining unit; and
WHEREAS, the number of events in the City has substantially increased, and therefore,
the need for event clean-up, which typically results in overtime for employees of the BEAM team
and Public Services Department, has increased; and
WHEREAS, on November 28, 2023, the City and the Union met in an impact bargaining
session to discuss the opportunity to allow other City employees outside of the Public Services
Department to work afterhours special events; and
WHEREAS, the City and Union have reached a Memorandum of Understanding
("MOU") regarding the working of afterhours special events, a copy of which is attached as Exhibit
"A", and is made a part of and incorporated into this Resolution by this reference; and
WHEREAS, the City Commission find s that allowing additional employees to work after
hours special events meets the needs of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the foregoing "Whereas" clauses are ratified and confirmed to be true
and correct, and they are made a part of and are incorporated into this Resolution by reference.
Section 2. That the City Commission of the City of Dania Beach, Florida, approves the
Memorandum of Understanding, attached and incorporated by reference as Exhibit A to this
resolution.
Section 3 . That all resolutions or parts ofresolutions in conflict with thi s Reso lution are
repealed to the extent of such conflict.
Section 4. That this Resolution shall be effective 10 days after passage.
PASSED AND ADOPTED on \J\ Gl'({b \ L-, 2024.
Motion by f1QlTJf\i55,cntr \ )cz...tnf.tS , second by Ce,mor, q=;ia)g( lliv1S.
FINAL V;TE ON ADOPTIO ~: Unanimous ✓
Commissioner Joyce L. Davis
Commissioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
ATTEST:
ELORA L~,~~ ~
CITY CLERK
Yes No
APPROVED AS TO FORM AND CORRECTNESS:
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ARCHIB
MAYOR
RESOLUTION #2 024-02fj
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF DANIA BEACH
AND
AFSCME FLORIDA COUNCIL 79, AFL-CIO LOCAL 3535
This Memorandum of Understanding ("MOU" or "Agreement") is entered into by the CITY
OF DANIA BEACH (the "City") and AFSCME FLORIDA COUNCIL 79, AFL-CIO LOCAL 3535
(the "Union"). The City and the Union are collectively referred to herein as the "Paities."
WHEREAS, the City and Union entered into a Collective Bargaining Agreement covering the
period October I, 2022, through September 30, 2025 (the "CBA");
WHEREAS, the Union represents a bargaining unit of employees holding various job
classifications in the City;
WHEREAS, the City holds various events on nights and weekends throughout the year
("afterhours event(s)") for which maintenance and sanitation work is necessa1·y;
WHEREAS, the City has an established relationship with an outside vendor to provide
maintenance and sanitation work as needed;
WHEREAS, the Patties have agreed to allow non-exempt employees of the City, including
those in the bargaining unit, the opportunity to provide maintenance and sanitation services at
afterhours events; and,
WHEREAS, the Parties have met and reached agreement on implementation of this
Agreement to the bargaining unit.
NOW, THEREFORE, the City and the Union agree as follows:
1. The above information is true and correct and is incorporated herein by reference.
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2. All non-exempt City employees, including those in the bargaining unit, will be given
the opportunity to provide maintenance and sanitation work in lieu of or in addition to any outside
vendor for afterhours City events.
3. The procedure for offering and accepting afterhours event work and pay for the same
will be as follows:
a. The work will first be offered to employees in the Public Services Department.
lf an employee whose regular job for the City is in the Public Services
Depa1tment and that employee works an afterhours event, the employee will
receive overtime, if otherwise entitled to overtime (i.e., they have worked over
40 hours in the work week as defined in the City's Personnel Policy Manual
("PPM")), based on the employee's regular rate of pay for the City.
b. If there are not enough employees from the Public Services Department to staff
the maintenance and sanitation needs for an afterhours event, the Human
Resources Department will send an email to all City employees at least five (5)
work days in advance of the afterhours event advising City employees of the
need for additional help. Non-exempt employees who want to work the
afterhours event can fill out the Afterhours Event Work form that will be on the
City's intranet and email it to the Special Events Manager within two (2)
business days of the date of the City's notice of the event. The Parks and
Recreation Department/Special Events will staff the afterhours event on a first
come, first served basis. Employees will be notified by the Parks and Recreation
Department/Special Events of their selection to work the afterhours event at
least 24-hours in advance of the afterhours event. Once an employee receives
notification that they have been selected to work the afterhours event, the
employee will be expected to work the afterhours event.
c. The hourly rate for employees who are not in the Public Services Department
and who work an afterhours event is $16.67. If an employee who does not work
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in the Public Services Department works an afterhours event and the employee
is entitled to overtime pursuant to the PPM, the employee will be paid a blended
rate for overtime hours. Any overtime hours worked in the employee's regular
job for the City will be paid based on the employee's regular rate of pay for the
employee's regular job with the City. The City's payment of overtime will be
as is required by the Fair Labor Standards Act ("FLSA"). An example of how
overtime will be paid is attached hereto as Attachment A.
d. Employees who agree to work an afterhours event are governed by the City's
PPM, including all rules relating to attendance and disciplinary action. If an
employee agrees to work an afterhours event and they need to call-out for any
reason, the employee must contact the Special Events Manager to report the
absence. The Special Events Manager will advise the Employee's direct
supervisor of any call-out for attendance purposes. Employees may not use their
City sick leave, personal days or floating holiday to compensate themselves for
such absences. The Special Events Manager may list additional "stand-by"
employees in case an employee calls out. If this happens, the Special Events
Manager will sta1t calling employees that are standing-by.
e. If there are not enough employees from the Public Services Department and
other employees in the City to staff the maintenance and sanitation needs for
the afterhours event, the City will contact the outside vendor to provide
additional suppmt. The City will contact the vendor after the employees have
had two (2) business days to sign up to work the afterhours event as discussed
in subsection b. above.
f. Following each afterhours event, the Special Events Manager will provide to
Finance/Payroll a verified list of those employees who worked the afterhours
event and the number of hours worked for each employee so that the appropriate
payroll calculations can be performed.
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4. The Parties agree that paragraphs 2 and 3 of this MOU represent the Parties' entire
agreement as to the items related to implementation of the event work described herein. It is
understood that this MOU sets no precedent for any future situations.
5. The Parties agree that this MOU cannot be amended or modified without the express
written consent of the Parties.
6. The Parties have had the oppo1tunity to consult with legal counsel of their choosing
prior to executing this MOU.
7. The effective date of this MOU is as of the date it is ratified by both Parties.
8. This MOU automatically expires on September 30, 2025, and will not thereafter apply
unless specifica1ly agreed to in writing by the Parties.
DA TED this __ day of _______ ., 2023.
AFSCME FLORIDA COUNCIL 79, AFL-CIO THE CITY OF DANIA BEACH
v:~
Anson Westberry, President Ana M. Garcia, City Manager
President
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Attest ____________ _
Elora Riera, City Clerk
Authority of Resolution No. 2023-_, duly
passed and adopted by the Dania Beach City
Commission on: ----
As to Legal Form and Sufficiency:
Eve A. Boutsis, City Attorney
ATTACHMENT A
Overtime will be paid in accordance with the FLSA and the City's PPM.
Example 1: Overtime pay for employee who works in the Public Services Department and who
works an afterhonrs event. The regular OT rate is paid, as it is now.
Employee is an equipment operator I in the Public Services Department who makes $17.00 per
hour. The employee works his regular shift of 40 hours and then works an afterhours event for
10 hours. The employee will be paid as follows:
Straight time pay for all hours worked: $17.00 x 50 hours= $850.00
Extra one-half for overtime pay: IO hours at ($17.00/2) = 10 x $8.50 = $85.00
Total pay for the workweek: $850.00 + $85.00 = $935.00
It can also be calculated as follows:
Straight time pay for 40 hours: $17.00 x 40 = $680.00
Overtime pay at 1.5 times regular rate for IO overtime hours:
Total pay for the workweek= $680.00 + $255.00 = $935.00
$] 7.00 X 1.5 = $25.50
$25.50 X JO= $255.00
Example 2: Blended rate for overtime for employee whose regular job for the City is not in the
Public Services Department.
Employee is a code enforcement officer who makes $29.00 per hour. The employee works his
regular shift of 40 hours and then works an afterhours event for IO hours. The rate for working
the City event is $16.67 per hour. Should work at the afterhours event be overtime, the
employee will be paid a blended rate. The employee will be paid as follows:
Straight time pay for regular City job: $29.00 x 40 hours= $1 l 60.00
Straight time pay for afterhours event: $16.67 x IO hours= $166.70
Calculation for blended rate is all amounts paid divided by all hours worked:
All amounts paid: $1160.00 + 166.70 = $1326.70
All hours worked: 40 + l 0 = 50
Blended hourly rate is $1326.70 + 50 = $26.53
Extra one-half of blended rate for ove1iime pay for afterhours event:
$26.53 +2 = $13.27
Extra pay for ove1time hours at afterhours event: $13.27 x 10 = $132. 70
Total pay for the workweek: $1326.70 + $132.70 = $1459.40
Example Page 1
Example 3: Blended rate for overtime for employee whose regular job for the City is not in the
Public Services Department and who works 10 hours of overtime in the employee's regular job
and 10 hours of overtime at afterhours event.
Straight time pay for regular City job: $29.00 x 50 hours= $1450.00
Straight time pay for afterhours event: $16.67 x 10 hours = $166.70
Calculation for blended rate for ove1time for City event is all amounts paid divided by all hours
worked:
All amounts paid: $1450.00 + $166.70 = $1616.70
All hours worked: 50 + IO= 60
Blended hourly rate is $1616.70 + 60 = $26.95
Extra one-half of blended rate for overtime pay for City event: $26.95 +2 = $13.47
Extra pay for overtime hours at City event: $13.47 x IO= $134. 70
Calculation for overtime hours worked in regular City job:
One-half of regular pay for ove1time: $29.00 + 2 = $14.50
Overtime pay for regular job: $14.50 x 10 = $145.00
Total pay for the workweek: $1616.70 + $134.70 + $145.00 = $1896.40
Example Page 2