HomeMy WebLinkAboutR-21-0481City of Miami
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Resolution: R-21-0481
File Number: 11032
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 11/18/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
MEMORANDUM OF UNDERSTANDING, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES ("AFCSME") LOCAL 871 AND A SEPARATE
MEMORANDUM OF UNDERSTANDING, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, WITH AFCSME LOCAL 1907 FOR A ONE-TIME, NON -
PENSIONABLE 1.7% PREMIUM PAY FOR ELIGIBLE EMPLOYEES OF
AFCSME LOCAL 871 AND AFCSME LOCAL 1907 WHO PERFORMED
ESSENTIAL WORK DURING THE NOVEL CORONAVIRUS PANDEMIC AND
WHO DID NOT RECEIVE PREMIUM PAY AS IDENTIFIED IN EXHIBIT "A",
ATTACHED AND INCORPORATED, TO BE DISPERSED FROM THE
DISTRICT 2 COMMISSIONER'S ALLOCATION OF AMERICAN RESCUE PLAN
ACT FUNDS IN AN AMOUNT NOT TO EXCEED ONE MILLION, ONE
HUNDRED THOUSAND DOLLARS ($1,100,000.00), SUBJECT TO ALL
FEDERAL, STATE OF FLORIDA ("STATE"), AND LOCAL LAWS THAT
REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY
AND ALL OTHER NECESSARY DOCUMENTS, INCLUDING AMENDMENTS,
EXTENSIONS, AND MODIFICATIONS, ALL IN FORMS ACCEPTABLE TO THE
CITY ATTORNEY, SUBJECT TO ALL FEDERAL, STATE, AND LOCAL LAWS
THAT REGULATE THE USE OF SUCH FUNDS FOR SAID PURPOSE.
SPONSOR(S): Commissioner Ken Russell
WHEREAS, on March 11, 2021, President Joseph R. Biden signed the American
Rescue Plan Act of 2021 ("ARPA") into law; and
WHEREAS, the ARPA is a historic emergency financial relief and investment package
that addresses the unprecedented public health and economic crisis resulting from the Novel
Coronavirus ("COVID-19") pandemic; and
WHEREAS, on June 7, 2021, the United States Department of the Treasury ("Treasury")
provided $68,819,708.50 ("Initial Allocation") in Coronavirus State and Local Fiscal Recovery
Funds to the City of Miami ("City") pursuant to ARPA; and
WHEREAS, on June 24, 2021, the City accepted the Initial Allocation from the Treasury
pursuant to Resolution No. R-21-0268; and
WHEREAS, the City is expected to receive an additional allocation of $68,819,708.50
from the Treasury in the year 2022 for a total amount of $137,639,417.00 ("ARPA Funds"); and
City of Miami Page 1 of 3 File ID: 11032 (Revision: A) Printed On: 112512022
File ID: 11032 Enactment Number: R-21-0481
WHEREAS, the Secretary of the Treasury issued the interim final rule (31 CFR Part 35)
to implement the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal
Recovery Fund established under the American Rescue Plan ("Interim Final Rule"); and
WHEREAS, the Interim Final Rule establishes the guidance and allowable uses of the
ARPA Funds; and
WHEREAS, under the Interim Final Rule, the ARPA Funds may be used to provide
premium pay to eligible workers performing essential work during the COVID-19 pandemic; and
WHEREAS, under the Interim Final Rule, the definition of eligible worker is "those
workers needed to maintain continuity of operations of essential critical infrastructure sectors
and additional sectors as each Governor of a State or territory, or each Tribal government, may
designate as critical to protect the health and well-being of the residents of their State, territory,
or Tribal government;" and
WHEREAS, the Interim Final Rule provides that any premium pay should prioritize
compensation of those lower income eligible workers that perform essential work; and
WHEREAS, the Interim Final Rule provides that premium pay must be entirely additive
to a worker's regular rate of wages and other remuneration and may not be used to reduce or
substitute for a worker's normal earnings; and
WHEREAS, the definition of premium pay also clarifies that premium pay may be
provided retrospectively for work performed at any time since the start of the COVID-19
pandemic where those workers have yet to be compensated adequately for work previously
performed; and
WHEREAS, the Treasury encourages local governments to prioritize providing
retrospective premium pay where possible, recognizing that many essential workers have not
yet received additional compensation for work conducted over the course of many months; and
WHEREAS, American Federation of State, County and Municipal Employees
("AFCSME") Local 871 and AFCSME Local 1907 represent approximately 942 City employees
identified in Exhibit 'A" attached and incorporated, who have not yet received premium pay and
who satisfy the requirements of the Interim Final Rule for premium pay; and
WHEREAS, a portion of the ARPA Funds will be allocated to the City Commissioners to
be allocated and appropriated for allowable uses; and
WHEREAS, District 2 Commissioner wishes to allocate One Million, One Hundred
Thousand Dollars ($1,100,000.00) from the District 2's share of ARPA Funds for premium pay
to eligible City employees; and
WHEREAS, this allocation shall be in compliance with all applicable Federal, State of
Florida ("State"), local, and City laws, rules, and regulations, including but not limited to ARPA,
and any additional approvals the City may require;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 2 of 3 File ID: 11032 (Revision: A) Printed on: 112512022
File ID: 11032
Enactment Number: R-21-0481
Section 1. The recitals and findings set forth in the Preamble to this Resolution are
hereby adopted by reference and incorporated herein as if fully set forth in this Section.
Section 2. The City Commission authorizes' the City Manager to negotiate and execute
a Memorandum of Understanding, in a form acceptable to the City Attorney, with AFCSME
Local 871 and a separate Memorandum of Understanding, in a form acceptable to the City
Attorney, with AFCSME Local 1907 for a one-time, non -pensionable, 1.7% premium pay for
eligible employees of AFCSME Local 871 and AFCSME Local 1907 who performed essential
work during the COVID-19 pandemic who did not receive premium pay, all as identified in
Exhibit 'A" attached and incorporated, to be dispersed from the District 2 Commissioner's
allocation of ARPA Funds in an amount not to exceed One Million, One Hundred Thousand
Dollars ($1,100,000.00), subject to all Federal, State, and local laws that regulate the use of
such funds for said purpose.
Section 3. The City Manager is authorized' to negotiate and execute any and all other
necessary documents, including amendments, extensions, and modifications, all in forms
acceptable to the City Attorney, subject to all Federal, State, and local laws that regulate the use
of such funds for said purpose.
Section 4. The Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
i , na i ndez, City Attor i ey 1/2512022
' The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney, including but not limited to those prescribed by applicable City Charter and Code
provisions.
City of Miami Page 3 of 3 File ID: 11032 (Revision: A) Printed on: 112512022