_BaAgenda Item No:Ba.
City Commission Agenda Item Report
Meeting Date: September 15, 2020
Submitted by: Shari Kamali
Submitting Department: City Manager
Item Type: Resolution
Agenda Section:
Subject:
A Resolution authorizing the City Manager to execute the Memorandum of Understanding (“MOU”) between the
City of South Miami and the Dade-County Police Benevolent Association, Inc. (“PBA”), after the Union
membership vote favorably on it. 3/5 (City Manager)
Suggested Action:
Attachments:
Memo MOU PBA 1%.docx
Reso MOU PBA 1%.doc
07.29.20 Letter Regarding First Responder Hazard Pay Supplement.pdf
PBA South Miami MOU re 1% CAsigned.pdf
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor & Members of the City Commission
FROM:Shari Kamali, City Manager
DATE:September 15, 2020
SUBJECT:A Resolution authorizing the City Manager to execute the Memorandum of
Understanding (“MOU”) between the City of South Miami and the Dade-
County Police Benevolent Association, Inc. (“PBA”), after the Union
membership vote favorably on it.
Background:Miami-Dade Mayor, Carlos Gimenez issued a letter to Union and Municipal
Leaders outlining the approval of a one (1) percent hazardous pay
supplement for first responders. Miami-Dade County requires a
Memorandum of Understanding prior to reimbursement of the 1%
hazardous pay.
The PBA provided an MOU. The MOU requires approval of the Mayor and
City Commission as well as Union ratification prior to signature and
submittal by the City Manager.
Recommendation:The City Manager recommends approval MOU, which has already been
reviewed by the City Attorney and approved as to form and legality.
Attachments:Proposed Resolution
Memorandum of Understanding
Letter issues by Mayor Carlos Gimenez
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Page 1 of 2
RESOLUTION NO. _________________1
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A Resolution authorizing the City Manager to execute the Memorandum of3
Understanding (“MOU”) between the City of South Miami and the Dade-4
County Police Benevolent Association, Inc. (“PBA”), after the Union5
membership vote favorably on it.6
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WHEREAS, on July 29, 2020, Miami-Dade County Mayor, Carlos Gimenez, issued a8
letter to Union and Municipal Leaders regarding a July 27
th Special Meeting of the Board of9
County Commissioners in reference to the utilization of CARES Act funding; and10
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WHEREAS, one of the Boards recommended allocations is the payment of a one (1)12
percent hazardous pay supplement for first responders who were substantially dedicated to13
mitigating the impact of the COVID-19 pandemic; and14
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WHEREAS, Mayor Gimenez declared that the supplement will be paid retroactively to 16
the beginning of the declared emergency and continue until the emergency declaration is lifted,17
but consistent with CARES Act legislation, no later than December 31, 2020; and18
19
WHEREAS, in order to expedite payment of the supplement, Mayor Gimenez requested20
that municipalities and appropriate bargaining units develop a memorandum of understanding to21
allow the application of such as supplement as required by the applicable bargaining agreements.22
23
WHEREAS, the PBA provided an MOU, which requires approval of the Mayor and24
Commission, and Union Membership ratification prior to signature and submittal by the City25
Manager.26
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NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 28
COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA:29
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Section 1.The City Manager is authorized to execute the Memorandum of31
Understanding between the City of South Miami and the Dade-County Police Benevolent32
Association, Inc. after ratification by applicable Union members.33
34
Section 2.Corrections.Conforming language or technical scrivener-type corrections 35
may be made by the City Attorney for any conforming amendments to be incorporated into the 36
final resolution for signature.37
Section 3. Severability.If any section clause, sentence, or phrase of this resolution is for 38
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 39
not affect the validity of the remaining portions of this resolution.40
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Section 4. Effective Date.This resolution shall become effective immediately upon 42
enactment.43
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PASSED AND ADOPTED this ____ day of _____________, 2020.45
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Page 2 of 2
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ATTEST:APPROVED:2
3
___________________________________________4
CITY CLERK MAYOR5
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READ AND APPROVED AS TO FORM, COMMISSION VOTE:7
LANGUAGE, LEGALITY AND Mayor Philips:8
EXECUTION THEREOF Vice Mayor Welsh:9
Commissioner Harris:10
Commissioner Liebman:11
_______________________Commissioner Gil:12
CITY ATTORNEY13
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CARLOS A. GIMENEZ
MAYOR
MIAMI-DADE COUNTY
STEPHEN P. CLARK CENTER • 111 N.W. FIRST STREET • 29TH FLOOR • MIAMI, FLORIDA 33128-1930 • (305) 375-1880 • (305) 375-1262
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.Marquez@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,
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MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF SOUTH MIAMI AND
THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION, INC.
This MEMORANDUM OF UNDERSTANDING ("MOU") is entered this _ day of ,2020
between the DADE COUNTY POLICE BENEVOLENT ASSOCIATION, INC. ("PBA") and the
CITY OF SOUTH MIAMI ("City "), jointly referred to as the ("PARTIES").
WHEREAS, Miami-Dade County and its municipal governments are currently experiencing
the effects of the COVID19 pandemic which has been declared a 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, sworn law enforcement personnel perform hazardous work involving physical
hardship every day and are constantly exposed to potential infection from COVID-19 when their
duties bring them in contact with the public as well as contact with other law enforcement personnel
who may be exposed to the virus while on duty; 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 responding to
the COVID-19 public health emergency; 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, If Miami-Dade County approves of a disbursement to the City of South Miami to pay
for hazard pay, sworn law enforcement employees ce11ified in compliance with the
requirements of Chapter 943 Florida Statutes who are members of a bargaining unit
covered by a collective bargaining agreement between the City and the PBA
("Covered Employee"), will receive a temporary one percent (1%) hazard pay
adjustment added to their base pay fot, the performance of their duties substantially
dedicated to mitigating or responding to the COVID-19 public health emergency
retroactive to March 1,2020 as provided in paragraph 2 ("the 1 % pay adjustment").
2. Because the funding of this MOU is based on the CARES Act, the I % pay adjustment
provided by this MOU is temporary and will remain in place for as long as the
COVID19 public health emergency declaration remains in effect or December 30,
2020, whichever is earlier. This means that the work for which payment is due under
this MOU must be completed on or before the last date of the COVID-19 public health
emergency declaration or December 30, 2020, whichever is earlier.
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3 . The 1 % pay adjustment will be paid for hours physically worked by the Covered
Employee dedicated to mitigating or responding to the COVID-19 public health
emergency or hours directly related to a COVID-19 absence [Families First
Coronavirus Response Act (FFCRA) leave, Sick Injury for COVID-19, Workers'
Compensation Leave for COVID-19]. The 1 % pay adjustment is not subject to be paid
if the Covered Employee is not in pay status or on any unworked paid hours including
but not limited to Annual Leave, Educational Leave , Jury Duty, Sick Leave (unrelated
to COVID-19), etc. Additionally, the 1 % pay adjustment is not to be paid on any leave
payouts such as DROP payouts or separation payouts.
4. The PBA and the City both agree that the determination of whether an assignment
qualifies for payment of the I % pay adjustment provided by this MOU and the amount
of hours that are eligible for payment of this I % pay adjustment is to be determined
by the United States Department of Treasury guidelines as interpreted by the City
Manager, after consultation with the PBA.
5. The 1% pay adjustment will only be pensionable if the Florida Retirement System
(FRS) or local pension plan, whichever is applicable, deems the temporary adjustment
to be pensionable, otherwise, the adjustment will not be counted as creditable earnings
for pension purposes .
6. The Parties recognize that this supplement is being reimbursed to the City of South
Miami (City) from Miami-Dade County. If for any reason the funding is not provided
by the County to the City, this agreement will be null and void and if partial funding is
provided , the 1% pay adjustment will be modified accordingly. The Patties further
agree that questions concerning modification due to partial reimbursement and
individual eligibility for the I % will be presented to the City Manager and the
manager's decisions, after consultation with the PBA, are final and are not subject to
a grievance or arbitration under the collective bargaining agreement, nor any other
challenge under law or equity. The sworn law enforcement employees covered by this
agreement are only eligible for the 1 % pay adjustment if the funds to be paid pursuant
to this MOU are received for this purpose from Miami-Dade County.
7. 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 ofthis MOU
are contractual and not a mere recital.
8 . 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.
IN WITNESS WHEREOF, the undersigned patties 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 _____ ,' 2020.
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Steadman Stahl, President
Dade County PBA
Andrew M. Axelrad, General Counsel
Dade County PBA
ATTESTED:
By :
--~----~-------Nkenga A. Payne, CMC
City Clerk
Read and Approved as to Form, Language ,
Legality and Execution Thereof:
BY :_"y At~n:~~
For ----------
CITY OF SOUTH MIAMI
By : __________________ _
Sharareh Kamal i
City Manager
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