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
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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.
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For the Village of Key Biscayne
Andrea Agha Daniel Valdes
Village Manager, President,
Page 2 of 3
For the International Union of
Police Associations
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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