Res No 126-20-15566RESOLUTION NO.126-20-15566
A Resolution authorizing the City Manager to execute the Memorandum of
Understanding ("MOU") between the City of South Miami and the Fraternal
Order of Police ("FOP"), after the Union membership vote favorably on it.
WHEREAS, on July 29, 2020, Miami -Dade County Mayor, Carlos Gimenez, issued a
letter to Union and Municipal Leaders regarding a July 27 h Special Meeting of the Board of
County Commissioners in reference to the utilization of CARES Act funding; and
WHEREAS, one of the Boards recommended allocations is the payment of a one (1)
percent hazardous pay supplement for first responders who were substantially dedicated to
mitigating the impact of the COVID-19 pandemic; and
WHEREAS, Mayor Gimenez declared that the 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, in order to expedite payment of the supplement, Mayor Gimenez requested
that municipalities and appropriate bargaining units develop a memorandum of understanding to
allow the application of such as supplement as required by the applicable bargaining agreements.
WHEREAS, the FOP provided an MOU, which requires approval of the Mayor and
Commission, and Union Membership ratification prior to signature and submittal by the City
Manager.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager is authorized to execute the Memorandum of
Understanding between the City of South Miami and the Fraternal Order of Police after
ratification by applicable Union members.
Section 2. Corrections. Conforming language or technical scrivener -type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 3. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Section 4. Effective Date. This resolution shall become effective immediately upon
enactment.
PASSED AND ADOPTED this 6' day of October, 2020.
Page 1 of 2
Res. No. .126-20-15566
ATTEST:
CIT,ftURj
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THE F
ATTORNEY
APPROVED:
YOR
COMNIISSION VOTE: 5-0
Mayor Philips:
Yea
Vice Mayor Welsh:
Yea
Commissioner Harris:
Yea
Commissioner Liebman:
Yea
Commissioner Gil:
Yea
Page 2 of 2
Agenda Item No.2.
City Commission Agenda Item Report
Meeting Date: October 6, 2020
Submitted by: Samantha Fraga-Lopez
Submitting Department: City Manager
Rem 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 Fraternal Order of Police ("FOP"), after the Union membership vote favorably on it.
3/5 (City Manager)
Suggested Action:
Attachments:
Memo MOU FOP 1%.docx
Reso MOU FOP 1%.doc
1% MOU Final 2020CArev.docx
07.29.20 Letter Regarding First Responder Hazard Pay Supplement.pdf
CITY OF SOUTH MIAMI
South Miami OFFICE OF THE CITY MANAGER
THE C.TY OF PLEASANT LIVING INTER -OFFICE MEMORANDUM
To: The Honorable Mayor & Members of the City Commission
FROM: Shari Karnali, City Manager
DATE: October 6, 2020
SUaJEcr: A Resolution authorizingthe City Manager to execute the Memorandum of
Understanding ("MOU") between the City of South Miami and the Fraternal
Order of Police ("FOP"), after the Union membership vote favorably on it.
Background: Miami -Dade Mayor, Carlos Gimenez issued a letterto 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 FOP 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
011
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. MarguezC&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.
STEPHEN P. CLARK CENTER • I I I N.W. FIRST STREET • 29TM FLOOR • MIAMI, FLORIDA 33128-1930 - (305) 375-1880 • (305) 375-1262
MEMORANDUM OF UNDERSTANDING BETWEEN
CITY OF SOUTH MIANII AND
THE FRATERNAL ORDER OF POLICE SOUTH MUM LODGE 179, INC.
This MEMORANDUM OF UNDERSTANDING ("MOU") is entered this dA day of Ckl!, Zpl
between the FRATERNAL ORDER OF POLICE SOUTH MIAMI LODGE 179, INC. ("FOP")
and 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 fast
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 hazardous pay, sworn law enforcement employees certified 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 FOP ("Covered Employee"), shall receive a temporary one percent (1%) pay
adjustment added to their base pay for 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 1% 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
31, 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.
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 FOP and the City both agree that the determination of whether an assignment
qualifies for payment of the 1% pay adjustment provided by the MOU and the
amount of hours that are eligible for payment of this 1% pay adjustment is to be
determined by the United States Department of Treasury guidelines as interpreted by
the City Manager, after consultation with the FOP.
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 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 Parties further agree that
questions concerning modification due to partial reimbursement and individual
eligibility for the 1% will be presented to the CITY (City Manager) and the
manager's decision, after consultation with the FOP, are final and shall not be
subject to a grievance or arbitration under the collective bargaining agreement, or
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 of this
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 FOP's bargaining
unit members and the CITY.
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-A_DAY OF QgAtt iY , 2020.
FRATERNAL ORDER OF POLICE
SOUTH MIAMI LODGE V9, Inc.
LODGE
1VUMaw"
By: N N 01, n
Nkenga A. Prune, CMC
City Clerk
City Attorney
CITY
��O,F11 SOUTH MIAMI
By: Ccu
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Sharareh Kamali
City Manager