HomeMy Public PortalAbout20-9795 MOU with Miami-Dade County PBA 1% BonusSponsored By: City Manager
RESOLUTION NO. 20-9795
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF OPA-LOCKA, FLORIDA AND THE DADE COUNTY
POLICE BENEVOLENT ASSOCIATION (PBA), INC. TO AUTHORIZE
A ONE PERCENT BONUS TO PBA BARGAINING UNIT MEMBERS
FOR TIME SUBSTANTIALLY DEDICATED TO MITIGATING THE
IMPACT OF COVID-19 FOR THE PERIOD BETWEEN APRIL 1, 2020
AND THE START OF THE FIRST FULL PAY PERIOD IN DECEMBER,
2020, PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Miami -Dade County ("County") has received S474 million through the
Federal Coronavirus Aide, Relief and Economic Security (CARES) Act; and
WHEREAS, the CARES Act permits the County to distribute CARES Act funds to
the cities within the County; and
WHEREAS, the Miami -Dade Board of County Commissioners has indicated its
intent to distribute a portion of these funds to the cities within the County to mitigate
the financial impact to these cities in responding to the health emergency caused by
COVID-19; and
WHEREAS, the City of Opa-Locka ("City") received a letter from Carlos A.
Gimenez, Mayor of Miami -Dade County, dated "July 29, 2020" noting the
"extraordinary efforts" required of our first responders to keep our community safe and
healthy during this COVID-19 pandemic and further stating that at the July 27, 2020
Special Meeting of the Board of County Commissioners, the Board of County
Commissioners ("Board") accepted a report regarding the utilization of CARES Act
funding; and
WHEREAS, Mayor Gimenez additionally stated that one of the recommended
allocations is the payment of a one (1) percent hazardous duty supplement for all first
responders in geographic Miami -Dade County substantially dedicated to the mitigating
impact of the pandemic, as allowed by the CARES Act legislation. This supplement will
be paid retroactively to the beginning of the declared emergency and continue until the
emergency declaration is lifted, but consistent with CARES Act legislation, no later than
December 31, 2020; and
WHEREAS, a Memorandum of Understanding between the City of Opa-locka,
Florida and the Dade County Police Benevolent Association, Inc. ("PBA") is required in
order to authorize a one (1) percent bonus to PBA bargaining unit members for time
Resolution No. 20-9795
substantially dedicated to mitigating the impact of COVID-19 for the period between
April 1, 2020 and the start of the first full pay period in December, 2020; and
WHEREAS, the City Commission finds it to be in the best interests of the City and
its residents to enter into the attached Memorandum of Understanding between the
City of Opa-locka, Florida and the Dade County Police Benevolent Association, Inc.
(attached hereto as Exhibit "A") to help secure CARES ACT funds for PBA bargaining
unit members within the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA- LOCKA, FLORIDA:
SECTION 1. The recitals to the preamble herein are incorporated by reference.
SECTION 2. AUTHORIZATION
The City Commission of the City of Opa-locka, Florida hereby authorizing the City
Manager to execute a Memorandum of Understanding between the City of Opa-Locka
and the Dade County Police Benevolent Association (PBA), Inc. (as attached hereto as
Exhibit "A") to authorize a one percent bonus to PBA bargaining unit members for time
substantially dedicated to mitigating the impact of COVID-19 for the period between
April 1, 2020 and the start of the first full pay period in December, 2020.
SECTION 3. SCRIVENER'S ERRORS
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected copy of same with the City Clerk.
SECTION 4. EFFECTIVE DATE
This Resolution shall take effect upon the adoption and is subject to the approval of the
Governor or Governor's Designee.
PASSED and ADOPTED this 20th day of August, 2020.
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Resolution No. 20-9795
ATTEST:
Joa (na Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIEIXTT,CY:
1CV )r
Burnadette Norris -Weeks, P.A.
Moved by: COMMISSIONER KELLEY
Seconded by: COMMISSIONER BURKE
VOTE: 5-0
Commissioner Bass YES
Commissioner Burke YES
Commissioner Kelley YES
Vice -Mayor Davis YES
Mayor Pigatt YES
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Matthew A. Pigatt, Mayor
City of Opa-locka
Agenda Cover Memo
Department
Director:
Bob Anathan
Department
Director Signature:
City Manager:
John E. Pate
CM Signature:
n
/ eleZ
Commission
Meeting
Date:
August 20,
2020
Item Type:
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Sponsor
Name
City Manager
Department:
City Manager
Short Title:
Miami -Dade CARES Act First Responder 1% Bonus - Memorandum of Understanding (MOU)
Staff Summary:
The Miami -Dade Board of County Commissioners (MDBOCC) has been very highly proactive in identifying ways in
which the County can provide support to the cities within the County as they deal with the impact of COVID-19,
with particular emphasis on utilization of resources made available by the CARES Act. At the July 27' MDBOCC
Special Meeting, the Board accepted a report regarding utilization of CARES Act funding, including recommendation
of a one percent hazardous duty supplement for all first responders in the County substantially dedicated to
mitigating the impact of the pandemic. This bonus is to be retroactively applied to the beginning of the declared
emergency and continue until the emergency declaration is lifted, but not later than December 31, 2020.
Separately, MDBOCC has established a program to reimburse the cities for pandemic expenses incurred that aren't
potentially FEMA fully reimbursable (the 25% not covered by FEMA reimbursable -eligible expense and full
reimbursement of other pandemic expense not eligible for FEMA reimbursement). The City's cost of the 1% Bonus
Program will be fully reimbursed by the County under this program.
In conjunction with the 1% Bonus Program, a MOU between the City and the County Police Benevolent Association
(PBA} has been prepared to reflect the above program, with minor modifications:
1. The program shall apply to all members of bargaining units.
2. The program shall begin as of April 1, 2020.
3. The program shall terminate effective the first full pay period in December, 2020.
4. Hours qualifying for the 1% bonus will be determined by the City after consultation with the PBA.
5. The MOU will be implemented only after ratification by the PBA bargaining unit and the City Commission.
Financial Impact
First responder bonus expense incurred by the City will be submitted to the County for reimbursement under its
program to reimburse cities for pandemic expenses not reimbursable elsewhere. In conjunction with this program,
the estimate of these expenses was submitted to the County on August 3, 2020 as required by this program.
Proposed Action:
Staff recommends that the City Commission approve the MOU after it has been ratified by the PBA bargaining
unit and authorize the appropriate City official to sign the Memorandum of Understanding.
Attachment:
1. Memorandum of Understanding between the City and the County PBA
2. Letter of July 29, 2020 from Miami -Dade Mayor, Carlos A. Gimenez, discussing the 1% Bonus program
3. Letter of July 28, 2020 from Miami -Dade Deputy Mayor, Jennifer Moon, discussing the County program to
reimburse cities for pandemic expenses not otherwise reimbursable.
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF OPA-LOCKA AND
THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION, INC.
This MEMORANDUM OF UNDERSTANDING ("MOU") is entered this day of August,
2020, between the DADE COUNTY POLICE BENEVOLENT ASSOCIATION, INC. ("PBA")
and the CITY OF OPA-LOCKA ("City"), jointly referred to as the ("PARTIES").
WHEREAS, the City of Opa-Locka is currently experiencing the effects of the COVID-
19 pandemic which has resulted in a severe drain of resources due to the public health
emergency; and
WHEREAS, due to the COVID-19 public health emergency first responders have
expanded duties with an increased exposure to COVID-19; and
WHEREAS, the Coronavirus Aid, Relief and Economic Securities Act ("CARES")
provides a relief fund to State, Local, and Tribal governments which is intended to assist in
the fight against COVID-19; and
WHEREAS, the PARTIES are desirous of providing the available funding to its first
responders such as sworn law enforcement personnel.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
PARTIES intending to be legally bound do hereby stipulate and agree as follows:
1. Sworn law enforcement employees as defined by Chapter 943 Florida Statutes
who are included within a bargaining unit covered by a collective bargaining
agreement between the City and the PBA ("Covered Employee"), shall receive a
one percent (1 %) pay adjustment to their base pay for the performance of their
duties specifically related to the coronavirus retroactive to April 01, 2020 as
provided in paragraph 2. The Covered Employee's rate of base pay on August 1,
2020 shall be used for the computation of the one percent (1 %) pay adjustment
regardless of the date in which the work assignment was performed.
2. The one percent (1%) pay adjustment shall be paid only for the time the Covered
Employee actually worked on assignments related to the COVID-19 pandemic
and shall be applied on an hour for hour basis and not based on the entire shift
Page 2
unless applicable. The PBA and the City both agree that the determination of
whether an assignment qualifies for payment of the 1 % pay adjustment provided
by this MOU and the amount of hours that are eligible for payment of this 1 % pay
adjustment are entirely within the discretion of the City, after consultation with the
PBA.
3. The one percent (1%) pay adjustment provided by this MOU shall permanently
cease to exist effective the first full pay period of December 2020.
4. The PARTIES agree and state that no promise, inducement or agreement not
expressly contained herein has been made, that this MOU constitutes their entire
and final understanding to the subject matter of this agreement, and that the terms
of this MOU are contractual and not a mere recital.
5. The PARTIES understand that this Memorandum of Understanding and the 1
pay adjustment will be implemented only after ratification by both the PBA's
bargaining unit members and the City Council.
IN WITNESS WHEREOF, the undersigned parties have caused this
Agreement to be executed by their duly authorized representatives as of the day and
year first above written.
AGREED TO THIS DAY OF AUGUST, 2020.
For Dade County Police For the City of Opa-Locka
Benevolent Associan
Steadman St ..hl; Pr-sident
Witn�
if\c91MCO
Witness
John E. Pate, City Manager
Witness
Witness
ndrew M. Axelrad, General Counsel Witness
CARLOS A. GIMENEZ
MAYOR
MIAMI-DADE COUNTY
July 29, 2020
Dear Union and Municipal Leaders:
Our first responders are always at the front lines, ready to serve in any emergency. The COVID-19
pandemic is an emergency without precedent, requiring extraordinary efforts of our first responders to
keep our community safe and healthy. At the July 27, 2020 Special Meeting of the Board of County
Commissioners, the Board accepted a report regarding the utilization of CARES Act funding. One of
the recommended allocations is the payment of a one (1) percent hazardous duty supplement for all
first responders in geographic Miami -Dade County substantially dedicated to mitigating the impact of
the pandemic, as allowed by the CARES Act legislation. This supplement will be paid retroactively to
the beginning of the declared emergency and continue until the emergency declaration is lifted, but
consistent with CARES Act legislation, no later than December 31, 2020.
So that we may expedite the payment of this supplement, please develop the appropriate memoranda
of understanding or other documentation to allow the application of such supplement as required by
your respective collective bargaining agreements and submit to Miami -Dade County via
Edward.Maraueztu'7.miamidade.gov as quickly as possible. Each jurisdiction should also submit
appropriate payroll documentation in order to support the funding required for each department to
provide the supplement. Authorization of the payments will be authorized through the interlocal
agreements to be used for CARES Act reimbursements which will be approved by the Board of County
Commissioners.
As a former firefighter, I know that first responders are prepared to put themselves in dangerous
situations when they respond to emergencies. However, what has been required of our first responders
during this pandemic is without compare and deserves recognition and remuneration.
Sincerely,
STEPHEN P. CLARK CENTER • III N.W. FIRST STREET • 29TM FLOOR • MIAMI, FLORIDA 33128-1930 • (305) 375-1880 • (305) 375-1262
OFFICE OF THE MAYOR
MIAMI-DADE COUNTY, FLORIDA
CARLOS A. GIMENEZ
MAYOR
July 28, 2020
Mr. John E. Pate
City Manager
City of Opa-Locka
780 Fisherman Street, 4th Floor
Opa-Locka, FL 33054
Dear Mr. Pate:
At a special meeting of the Miami -Dade Board of County Commissioners (Board) on Monday, July 27,
2020, the Board held an extensive discussion to understand the scenarios by which Miami -Dade County
would provide a share of its Coronavirus Aid, Relief, and Economic Security Act (CARES Act) allocation
to support the 34 municipalities across the County.
The Board was supportive of a process by which the administration can collaborate with the municipalities
to determine the expenses incurred and anticipated and establish a process to gather the information and
determine eligibility. At this point, the County is willing to support the municipalities by covering the local
match for eligible Federal Emergency Management Agency (FEMA) expenses incurred or that will be
incurred through the FEMA deadline of October 23, 2020, as well as other pandemic response related
expenditures that are eligible for reimbursement from the CARES Act. Attached is a form for your use to
submit the expenses for which you would be requesting FEMA and CARES Act reimbursement. This
spreadsheet includes information regarding eligible expenses under the CARES Act, as well as the link to
the Department of Treasury website for more information.
In order to get the funding to you as quickly as possible, please submit your request via email to
Jennifer.Moonamiamidade.gov no later than Monday, August 3, 2020. In order to be able to process
reimbursements of eligible expenses, an interlocal agreement between Miami -Dade County and each
municipality must be executed. We are currently preparing this agreement and will forward as soon as it
is available.
If you have any questions, please feel free to contact me via email or by phone at 305-375-5882.
Sincerely,
`U elV
Jennifer Moon, Dept Mayor
Miami -Dade County
c: Honorable Chairwoman Audrey M. Edmonson
and Members, Board of County Commissioners
Honorable Carlos A. Gimenez, Mayor, Miami -Dade County
Honorable Matthew Pigatt, Mayor, City of Opa-Locka
STEPHEN P. CLARK • 111 N.W. FIRST STREET • 29TH FLOOR • MIAMI, FLORIDA 33128-1930 • 305-375-5071