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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. 2 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 3 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: Yp (Enter X in box) Resolution U Ordinance Other X Fiscal Impact: (Enter X in box) N/A Yes No Ordinance Reading: (EnterXin box) 151 Reading 2" Reading X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: Account# : (Enter Fund & Dept) Ex: Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid#: X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Area: Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) m MI 0 0 0 • 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