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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 Page 1 of 3 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 Page 2 of 3 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 Page 3 of 3 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. Scanned with CamScanner 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. a f 1 For the Village of Key Biscayne 'For the International Union of Police Associations Andrea Agha Daniel Valdes Village Manager, President, Page 2 of 2 Scanned with CamScanner 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. Page 1 of 2 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, Page 2 of 2 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. Page 1 of 2 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, Page 2 of 2