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HomeMy WebLinkAboutAgenda Item Cover PageCA ,v Og AGENDA ITEM COVER PAGE * °`II' 111"° File ID: #11032 � 11 1 F Lo $t9 Resolution Sponsored by: Commissioner Ken Russell 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. GSY v City of Miami City Hall is°°u f°ATt° 3500 Pan American Drive Legislation Miami, FL 33133 o"g a � www.miamigov.com Resolution Enactment Number: R-21-0481 File Number: 11032 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. 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 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: 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 ria i "ndez, Cify Attor iey 11/812021 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. ' 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.