HomeMy Public PortalAbout2020-58 Approving and Ratifying Memoranda of Understanding with the KB Professional Firefighters and the IUPA relating to Covid1RESOLUTION NO. 2020-58
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-TIME COVID-19 LUMP
SUM BONUS; 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") firefighter and police
unions, 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, on September 22, 2020, the Village Council approved disbursement of
Village funds to provide a one-time $1,000 lump sum bonus to Village firefighters and law
enforcement officers, in recognition of their tireless work during the COVID-19 pandemic despite
the health risk and exposure; and
WHEREAS, Village firefighters and law enforcement officers are eligible for the $1,000
lump sum bonus; and
WHEREAS, state law mandates that any adjustment to wages requires mutual agreement
between the Village and the Unions; and
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WHEREAS, the Village and the Unions have agreed that the bargaining unit employees
covered by the CBA shall receive the $1,000 lump sum bonus in accordance with the provisions
set forth in the Memorandum 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.
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, MAYOR
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ATTEST:
0
3. Knc,t,
JO EINN !KOCH
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
VILLAGE ATTORNEY
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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 ,14- day of
QC.fv ,er , 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 police
lieutenants; and
WHEREAS, the terms and conditions of employment for the Village police lieutenants
are govemed 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 govemmental resources; and
WHEREAS, on September 22, 2020, the Village Council approved disbursement of
Village farads to provide a one-time lump sum S1,000 bonus to Village firefighters and law
enforcement officers, in recognition of their tireless work during the COVID-19 pandemic
despite the health risk and exposure; and
WHEREAS, Village law enforcement officers are eligible for the $1,000 lump sum
bonus; 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 bargaining unit employees covered by the CBA
shall receive the 51,000 lump sum bonus 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. Current bargaining unit employees employed by the Village at any time between
March 1, 2020 through September 30, 2020 shall receive a $1,000 lump sum
bonus for their performance of any necessary actions taken to respond to COVID-
19.
3. The $1,000 lump sum bonus is not considered part of an employee's base pay for the
purposes of Section 23-31 of the Village Code. As such, it shall not be
pensionable.
4. Payment of the 51,000 lump sum bonus shall be made to bargaining unit employees
within 30 days of the effective date of the MOU.
5. The Parties have had the opportunity to consult with legal counsel of their choosing
prior to executing this MOU.
6. This MOU shall become effective upon ratification 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.
7. Other than as specifically set forth herein, this MOU does not modify the CBA.
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8. 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 'For the International Union of Police
Associations
Andrea Agha Daniel Valdes
Village Manager, President,
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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 28 day of 0
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 firefighters
below the rank of Deputy Chief; and
WHEREAS, the terms and conditions of employment for the Village firefighters 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, on September 22, 2020, the Village Council approved disbursement of
Village funds to provide a one-time lump sum $1,000 bonus to Village firefighters and law
enforcement officers, in recognition of their tireless work during the COVID-19 pandemic despite
the health risk and exposure; and
WHEREAS, Village firefighters are eligible for the $1,000 lump sum bonus; 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 bargaining unit employees covered by the CBA
shall receive the $1,000 lump sum bonus 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. Current bargaining unit employees employed by the Village at any time between
March 1, 2020 through September 30, 2020 shall receive a $1,000 lump sum bonus
for their performance of any necessary actions taken to respond to COVID-19.
3. The $1,000 lump sum bonus is not considered part of an employee's base pay for
the purposes of Section 23-31 of the Village Code. As such, it shall not be
pensionable.
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4. Payment of the $1,000 lump sum bonus shall be made to bargaining unit employees
within 30 days of the effective date of the MOU.
5. The Parties have had the opportunity to consult with legal counsel of their choosing
prior to executing this MOU.
6. This MOU shall become effective upon ratification 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.
7. Other than as specifically set forth herein, this MOU does not modify the CBA.
8. 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,
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For the Professional Firefighter's
Associ tion, 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 2 day of ikira6rg,
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 police officers
and police sergeants; and
WHEREAS, the terms and conditions of employment for the Village police officers and
police 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, on September 22, 2020, the Village Council approved disbursement of
Village funds to provide a one-time lump sum $1,000 bonus to Village firefighters and law
enforcement officers, in recognition of their tireless work during the COVID-19 pandemic despite
the health risk and exposure; and
WHEREAS, Village law enforcement officers are eligible for the $1,000 lump sum bonus;
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 bargaining unit employees covered by the CBA
shall receive the $1,000 lump sum bonus 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. Current bargaining unit employees employed by the Village at any time between
March 1, 2020 through September 30, 2020 shall receive a $1,000 lump sum bonus
for their performance of any necessary actions taken to respond to COVID-19.
3. The $1,000 lump sum bonus is not considered part of an employee's base pay for
the purposes of Section 23-31 of the Village Code. As such, it shall not be
pensionable.
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Village Manager,
4. Payment of the $1,000 lump sum bonus shall be made to bargaining unit employees
within 30 days of the effective date of the MOU.
5. The Parties have had the opportunity to consult with legal counsel of their choosing
prior to executing this MOU.
6. This MOU shall become effective upon ratification 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.
7. Other than as specifically set forth herein, this MOU does not modify the CBA.
8. 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 For the International U ►'on of Police
Associations
G.:.vo
President,
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