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HomeMy Public PortalAbout2020-57 Approving and Ratifying Memoranda of Understanding with the KB Professional Firefighters and the IUPA relating to Covid1RESOLUTION NO. 2020-57 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AND RATIFYING MEMORANDA OF UNDERSTANDING WITH THE KEY BISCAYNE PROFESSIONAL FIREFIGHTERS ASSOCIATION LOCAL 3638 AND THE INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO RELATING TO A ONE -PERCENT COVID-19 HAZARDOUS PAY SUPPLEMENT UTILIZING CARES ACT FUNDING; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Key Biscayne Professional Firefighters Association Local 3638 and the International Union of Police Associations, AFL-CIO (collectively, the "Unions") serve as the exclusive bargaining agents for the Village of Key Biscayne ("Village") firefighters and police, respectively; and WHEREAS, the terms and conditions of employment for the Village's firefighters and police are governed by Collective Bargaining Agreements covering the period October 1, 2017 through September 30, 2020 (the "CBA"), including wages; and WHEREAS, the coronavirus ("COVID-19") is a respiratory illness that has led to a declaration of a public health emergency locally, state-wide and nationally, and has required a considerable expenditure of governmental resources; and WHEREAS, the federal Coronavirus Aid, Relief, and Economic Security ("CARES") Act was passed in March 2020 which, among other things, appropriated federal monies for local units of governments to cover expenditures incurred due to the COVID-19 pandemic; and WHEREAS, the CARES Act specifically appropriated federal monies to Miami -Dade County (the "County") to mitigate the economic impact of COVID-19; and WHEREAS, on July 27, 2020, the County approved the disbursement of federal monies to municipalities within its geographic region to provide what the County referred to as a one Page 1 of 3 percent (1%) hazardous pay supplement or the "1% Hazard Pay" to first responders, in recognition of their tireless work during the pandemic despite the health risk and exposure; and WHEREAS, the Village's first responders are eligible for the 1% Hazard Pay; and WHEREAS, state law mandates that any adjustment to wages requires mutual agreement between the Village and the Unions; and WHEREAS, the Village and the Unions have agreed that the bargaining unit employees covered by the CBA shall receive the 1% Hazard Pay in accordance with the provisions set forth in the Memoranda of Understanding attached hereto as Exhibits "A" and "B" (collectively, the "MOU"); and WHEREAS, the Village Council desires to approve and ratify the MOU attached hereto as Exhibits "A" and "B" and authorize the Village Manager to execute the MOU on behalf of the Village; and WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare of the residents of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals. That each of the above -stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Approval and Ratification. That the Village Council approves and ratifies the MOU in substantially the form attached hereto as Exhibits "A" and "B." Section 3. Authorization. That the Village Council hereby authorizes the Village Manager to execute the MOU, in substantially the form attached hereto as Exhibits "A" and "B," subject to the approval of the Village Attorney as to form, content, and legal sufficiency. Page 2 of 3 Section 4. Effective Date. That this Resolution shall be effective immediately upon adoption. PASSED and ADOPTED this 27th day of October, 2020. MICHAEL W. DAVEY, ATTEST: Joc Lrn B. CH JOC LYN B. CH VILLAGE CL APPROVED AS TO FORM AND LEGAL SUFFICIENCY: WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY Page3 of3 MEMORANDUM OF UNDERSTANDING BETWEEN THE VILLAGE OF KEY BISCAYNE AND KEY BISCAYNE PROFESSIONAL FIREFIGHTERS ASSOCIATION LOCAL 3638 This Memorandum of Understanding is entered into this 2g411 day of WO.. 2020 by and between the Village of Key Biscayne (the "Village") and Key Biscayne Professional Firefighters Association Local 3638 (the "Union"). The Village and the Union are collectively referred to as the "Parties." WHEREAS, the Union serves as the exclusive bargaining agent for Village employees that are considered "first responders" as that term may be defined by the County, as described in this MOU; and WHEREAS, the terms and conditions of employment for the Village's "first responders" are governed by a Collective Bargaining Agreement covering the period October 1, 2017 through September 30, 2020 (the "CBA), including wages; and WHEREAS, the Coronavirus ("COVID-19") is a respiratory illness that has led to a declaration of a public health emergency locally, state-wide and nationally, and has required a considerable expenditure of governmental resources; and WHEREAS, the federal Coronavirus Aid, Relief, and Economic Security ("CARES") Act was passed in March 2020 which, among other things, appropriated federal monies for local units of governments to cover expenditures incurred due to the COVID-19 pandemic; and WHEREAS, the CARES Act specifically appropriated federal monies to Miami -Dade County (the "County") to mitigate the economic impact of COVID-19; and WHEREAS, on July 27, 2020, the County approved the disbursement of federal monies to municipalities within its geographic region to provide what the County referred to as a one percent (1%) hazardous pay supplement or the "1% Hazard Pay" to first responders, in recognition of their tireless work during the pandemic despite the health risk and exposure; and WHEREAS, the Village "first responders" are eligible for the 1% Hazard Pay; and WHEREAS, state law mandates that any adjustment to wages requires mutual agreement between the Village and the Union; and WHEREAS, the Parties agree that the first responders covered by the CBA shall receive the 1% Hazard Pay in accordance with the provisions herein. NOW, THEREFORE, the Parties agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein by reference. Page 1 of 3 2. Effective March 1, 2020 through the end of the declared emergency, but no later than December 30, 2020 (the "Relevant Period"), bargaining unit employees that meet the definition of "first responders", as defined herein, may be eligible to receive a temporary 1% supplemental pay increase (which the County called "Hazard Pay") based on their base pay for the performance of any necessary actions taken to respond to COVID-19. This means that the work for which payment is due under this MOU must be completed during the Relevant Period. 3. For the purposes of this MOU, based on a FAQ dated August 7, 2020 from the County, a "first responder" means sworn law enforcement officers, state -certified firefighters and corrections officers. The eligible bargaining unit positions are enumerated on the attached list, but the parties also agree that this definition remains subject to further modification based on additional definitional guidance/direction from the County. 4. The 1% Hazard Pay applies only to personal services that are substantially dedicated to mitigating or responding to COVID-19, but it is presumed that all hours actually worked by first responders relate to such services unless the Village determines that specific circumstances indicate otherwise and/or if the County provides further guidance that may also limit the scope of how this 1% Hazard Pay shall be applied or paid. The 1% pay adjustment shall be paid for hours physically worked by the employee dedicated to mitigating or responding to the COVID-19 public health emergency or hours directly related to a COVID-19 absence, if permissible [Families First Coronavirus Response Act (FFCRA) leave, Sick Injury for COVID- 19, Workers' Compensation Leave for COVID-19]. Because the 1% Hazard Pay may only be based on hours actually worked, employees shall not receive this supplemental pay if they are not in pay status or on any unworked paid hours (e.g., vacation, sick, jury duty, etc.), unless the employee's absence is directly related to COVID-19 [Families First Coronavirus Response Act (FFCRA) leave, Sick Injury for COVID-19, Workers' Compensation Leave for COVID-19]. Additionally, the 1% pay adjustment is not to be paid on any leave payouts such as DROP or separation payouts. 5. The 1% Hazard pay shall not be incorporated when calculating the employees' regular base rate of pay for any other type of payment (e.g., leave payout) unless mandated by law. 6. The 1% Hazard Pay increases eligible bargaining unit employees' base salary, which means that this adjustment to their salary will be used for all wage calculation purposes (e.g., tax obligations) during the Relevant Period. Page 2 of 3 Andrea Agha Village Manager, 7. The 1% Hazard Pay is considered salary for the purposes of Section 23-31 of the Village Code. As such, those costs shall also be reimbursed by the County. 8. The funding source for the 1% Hazard Pay exclusively comes from the CARES Act funding disbursements provided by the County and, therefore, will be cost neutral to the Village. The Village shall not be obligated to make up the difference due to any County disbursement shortfall, even if it results in employees receiving an amount less than 1%, though the Village will endeavor to request sufficient funding. Under any circumstances where there is a shortfall in the County disbursements that results in any failure to cover 100% of the costs related to this 1% Hazard Pay, the Union agrees that insufficient funding shall not be subject to the grievance/arbitration procedure in the CBA, nor will the Union or any employees have the right to appeal or otherwise challenge the Village's decision to stop making any of these payments due to a funding shortfall. Furthermore, if any payments made to employees pursuant to this MOU are not reimbursed by the County, the Village shall recoup the unreimbursed amount from the employees who received payment ("the Overpaid Amount"). In such case, the Overpaid Amount will recouped from the impacted employees in installments using a timeframe agreeable by the parties, provided full recoupment occurs no later than September 30, 2021. 9. The Parties have had the opportunity to consult with legal counsel of their choosing prior to executing this MOU. 10. This MOU shall become effective upon ratification (though retroactively applied) by the bargaining unit employees represented by the Union and by the Village Council, whichever occurs later. In the event that this MOU is not fully ratified for any reason, it shall have no force or effect upon either party. 11. Other than as specifically set forth herein, this MOU does not modify the CBA. 12. The parties agree that this MOU represents the Parties' entire agreement with regards to this subject matter, and that it cannot be amended or modified without express written consent of the Parties. For the Village of Key Biscayne Page 3 of 3 For the Professional Firefighter's As i ciation, Local 3638 MEMORANDUM OF UNDERSTANDING BETWEEN THE VILLAGE OF KEY BISCAYNE AND INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO This Memorandum of Understanding is entered into this .Z,- day of OCtuyvf , 2020 by and between the Village of Key Biscayne (the "Village") and International Union of Police Associations, AFL-CIO (the "Union"). The Village and the Union are colbectively referred to as the "Parties." WHEREAS, the Union serves as the exclusive bargaining agent for Village employees that are considered "first responders" as that term may be defined by the County, as described in this MOU; and WHEREAS, the terms and conditions of employment for the Village's "first responders" in the rank of police lieutenant are governed by a Collective Bargaining Agreement covering the period October 1, 2017 through September 30, 2020 (the "CBA), including wages; and WHEREAS, the Coronavirus ("COVID-19") is a respiratory illness that has led to a declaration of a public health emergency locally, state-wide and nationally, and has required a considerable expenditure of governmental resources; and WHEREAS, the federal Coronavirus Aid, Relief, and Economic Security ("CARES") Act was passed in March 2020 which, among other things, appropriated federal monies for local units of governments to cover expenditures incurred due to the COVID-19 pandemic; and WHEREAS, the CARES Act specifically appropriated federal monies to Miami -Dade County (the "County") to mitigate the economic impact of COVID-19; and WHEREAS, on July 27, 2020, the County approved the disbursement of federal monies to municipalities within its geographic region to provide what the County referred to as a one percent (1%) hazardous pay supplement or the "1% Hazard Pay" to first responders, in recognition of their tireless work during the pandemic despite the health risk and exposure; and WHEREAS, the village's police lieutenants are "first responders," and therefore are eligible for the 1% Hazard Pay; and WHEREAS, state law mandates that any adjustment to wages requires mutual agreement between the Village and the Union; and WHEREAS, the Parties agree that the first responders covered by the CBA shall receive the 1% Hazard Pay in accordance with the provisions herein. NOW, THEREFORE, the Parties agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein by reference. 2. Effective March 1, 2020 through the end of the declared emergency, but no later than December 30, 2020 (the "Relevant Period"), bargaining unit employees that meet the definition of "first responders", as defined herein, may be eligible to receive a temporary I% supplemental pay increase (which the County called "Hazard Pay") based on their base pay for the performance of any necessary actions taken to respond to COVID-19. This means that the work for which payment is due under this MOU must be completed during the Relevant Period, 3. For the purposes of this MOU, based on a FAQ dated August 7, 2020 from the County, a "first responder" means sworn law enforcement officers, state -certified firefighters and corrections officers. The eligible bargaining unit positions are enumerated on the attached list, but the parties also agree that this definition remains subject to further modification based on additional definitional guidance/direction from the County. 4. The 1% Hazard Pay applies only to personal services that are substantially dedicated to mitigating or responding to COVID-19, but it is presumed that all hours actually worked by first responders relate to such services unless the Village determines that specific circumstances indicate otherwise and/or if the County provides Scanned with CamScanner further guidance that may also limit the scope of how this 1% Hazard Pay shall be applied or paid. The 1% pay adjustment shall be paid for hours physically worked by the employee dedicated to mitigating or responding to the COVID-19 public health emergency or hours directly related to a COVID-19 absence, if permissible [Families First Coronavirus Response Act (FFCRA) leave, Sick Injury for COVID-19, Workers' Compensation Leave for COVID-19]. Because the 1% Hazard Pay may only be based on hours actually worked, employees shall not receive this supplemental pay if they are not in pay status or on any unworked paid hours (c.g., vacation, sick, jury duty, etc.), unless the employee's absence is directly related to COVID-19 [Families First Coronavirus Response Act (FFCRA) leave, Sick Injury for COVID-19, Workers' Compensation Leave for COVID-19]. Additionally, the 1% pay adjustment is not to be paid on any leave payouts such as DROP or separation payouts. 5. The 1% Hazard pay shall not be incorporated when calculating the employees' regular base rate of pay for any other type of payment (e.g., leave payout) unless mandated by law. 6. The 1% Hazard Pay increases eligible bargaining unit employees' base salary, which means that this adjustment to their salary will be used for all wage calculation purposes (e.g., tax obligations) during the Relevant Period. 7. The 1% Hazard Pay is considered salary for the purposes of Section 23-31 of the Village Code. As such, those costs shall also be reimbursed by the County. 8. The funding source for the 1% Hazard Pay exclusively comes from the CARES Act funding disbursements provided by the County and, therefore, will be cost neutral to the Village. The Village shall not be obligated to make up the difference due to any County disbursement shortfall, even if it results in employees receiving an amount less than 1%, though the Village will endeavor to request sufficient funding. Under any circumstances where there is a shortfall in the County disbursements that results in any failure to cover 100% of the costs related to this 1% Hazard Pay, the Union agrees that insufficient funding shall not be subject to the grievance/arbitration procedure in the CBA, nor will the Union or any employees have the right to appeal or otherwise challenge the Village's decision to stop making any of these payments due to a funding shortfall. Furthermore, if any payments made to employees pursuant to this MOU are not reimbursed by the County, the Village shall recoup the unreimbursed amount from the employees who received payment ("the Overpaid Amount"). In such case, the Overpaid Amount will recouped from the impacted employees in installments using a timeframe agreeable by the parties, provided full recoupment occurs no later than September 30, 2021. 9. The Parties have had the opportunity to consult with legal counsel of their choosing prior to executing this MOU. 10. This MOU shall become effective upon ratification (though retroactively applied) by the bargaining unit employees represented by the Union and by the Village Council, whichever occurs later. In the event that this MOU is not fully ratified for any reason, it shall have no force or effect upon either party. 11. Other than as specifically set forth herein, this MOU does not modify the CBA. 12. The parties agree that this MOU represents the Parties' entire agreement with regards to this subject matter, and that it cannot be amended or modified without express written consent of the Parties. Scanned with CamScanner For the Village of Key Biscayne Andrea Agha Daniel Valdes Village Manager, President, Page 2 of 3 For the International Union of Police Associations Scanned with CamScanner MEMORANDUM OF UNDERSTANDING BETWEEN THE VILLAGE OF KEY BISCAYNE AND INTERNATIONAL UNION OF POLICE ASSOCIATIONS, AFL-CIO This Memorandum of Understanding is entered into this 217 441 day of eame_, 2020 by and between the Village of Key Biscayne (the "Village") and International Union of Police Associations, AFL-CIO (the "Union"). The Village and the Union are collectively referred to as the "Parties." WHEREAS, the Union serves as the exclusive bargaining agent for Village employees that are considered "first responders" as that term may be defined by the County, as described in this MOU; and WHEREAS, the terms and conditions of employment for the Village's "first responders" in the ranks of police officers and sergeants are governed by a Collective Bargaining Agreement covering the period October 1, 2017 through September 30, 2020 (the "CBA), including wages; and WHEREAS, the Coronavirus ("COVID-19") is a respiratory illness that has led to a declaration of a public health emergency locally, state-wide and nationally, and has required a considerable expenditure of governmental resources; and WHEREAS, the federal Coronavirus Aid, Relief, and Economic Security ("CARES") Act was passed in March 2020 which, among other things, appropriated federal monies for local units of governments to cover expenditures incurred due to the COVID-19 pandemic; and WHEREAS, the CARES Act specifically appropriated federal monies to Miami -Dade County (the "County") to mitigate the economic impact of COVID-19; and WHEREAS, on July 27, 2020, the County approved the disbursement of federal monies to municipalities within its geographic region to provide what the County referred to as a one percent (1%) hazardous pay supplement or the "1% Hazard Pay" to first responders, in recognition of their tireless work during the pandemic despite the health risk and exposure; and WHEREAS, the Village's police officers and sergeants are "first responders," and therefore are eligible for the 1% Hazard Pay; and WHEREAS, state law mandates that any adjustment to wages requires mutual agreement between the Village and the Union; and WHEREAS, the Parties agree that the first responders covered by the CBA shall receive the 1% Hazard Pay in accordance with the provisions herein. NOW, THEREFORE, the Parties agree as follows: 1. The foregoing recitals are true and correct and are incorporated herein by reference. Page 1 of 3 2. Effective March 1, 2020 through the end of the declared emergency, but no later than December 30, 2020 (the "Relevant Period"), bargaining unit employees that meet the definition of "first responders", as defined herein, may be eligible to receive a temporary 1% supplemental pay increase (which the County called "Hazard Pay") based on their base pay for the performance of any necessary actions taken to respond to COVID-19. This means that the work for which payment is due under this MOU must be completed during the Relevant Period. 3. For the purposes of this MOU, based on a FAQ dated August 7, 2020 from the County, a "first responder" means sworn law enforcement officers, state -certified firefighters and corrections officers. The eligible bargaining unit positions are enumerated on the attached list, but the parties also agree that this definition remains subject to further modification based on additional definitional guidance/direction from the County. 4. The 1% Hazard Pay applies only to personal services that are substantially dedicated to mitigating or responding to COVID-19, but it is presumed that all hours actually worked by first responders relate to such services unless the Village determines that specific circumstances indicate otherwise and/or if the County provides further guidance that may also limit the scope of how this 1% Hazard Pay shall be applied or paid. The 1% pay adjustment shall be paid for hours physically worked by the employee dedicated to mitigating or responding to the COVID-19 public health emergency or hours directly related to a COVID-19 absence, if permissible [Families First Coronavirus Response Act (FFCRA) leave, Sick Injury for COVID- 19, Workers' Compensation Leave for COVID-19]. Because the 1% Hazard Pay may only be based on hours actually worked, employees shall not receive this supplemental pay if they are not in pay status or on any unworked paid hours (e.g., vacation, sick, jury duty, etc.), unless the employee's absence is directly related to COVID-19 [Families First Coronavirus Response Act (FFCRA) leave, Sick Injury for COVID-19, Workers' Compensation Leave for COVID-19]. Additionally, the 1% pay adjustment is not to be paid on any leave payouts such as DROP or separation payouts. 5. The 1% Hazard pay shall not be incorporated when calculating the employees' regular base rate of pay for any other type of payment (e.g., leave payout) unless mandated by law. 6. The 1% Hazard Pay increases eligible bargaining unit employees' base salary, which means that this adjustment to their salary will be used for all wage calculation purposes (e.g., tax obligations) during the Relevant Period. Page 2 of 3 7. The 1% Hazard Pay is considered salary for the purposes of Section 23-31 of the Village Code. As such, those costs shall also be reimbursed by the County. 8. The funding source for the 1% Hazard Pay exclusively comes from the CARES Act funding disbursements provided by the County and, therefore, will be cost neutral to the Village. The Village shall not be obligated to make up the difference due to any County disbursement shortfall, even if it results in employees receiving an amount less than 1%, though the Village will endeavor to request sufficient funding. Under any circumstances where there is a shortfall in the County disbursements that results in any failure to cover 100% of the costs related to this 1% Hazard Pay, the Union agrees that insufficient funding shall not be subject to the grievance/arbitration procedure in the CBA, nor will the Union or any employees have the right to appeal or otherwise challenge the Village's decision to stop making any of these payments due to a funding shortfall. Furthermore, if any payments made to employees pursuant to this MOU are not reimbursed by the County, the Village shall recoup the unreimbursed amount from the employees who received payment ("the Overpaid Amount"). In such case, the Overpaid Amount will recouped from the impacted employees in installments using a timeframe agreeable by the parties, provided full recoupment occurs no later than September 30, 2021. 9. The Parties have had the opportunity to consult with legal counsel of their choosing prior to executing this MOU. 10. This MOU shall become effective upon ratification (though retroactively applied) by the bargaining unit employees represented by the Union and by the Village Council, whichever occurs later. In the event that this MOU is not fully ratified for any reason, it shall have no force or effect upon either party. 11. Other than as specifically set forth herein, this MOU does not modify the CBA. 12. The parties agree that this MOU represents the Parties' entire agreement with regards to this subject matter, and that it cannot be amended or modified without express written consent of the Parties. For the Village of Key Biscayne Andrea Agha Village Manager, President, Page 3 of 3 For the Inte ational Union of Police As • j ations ron