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HomeMy WebLinkAboutR-18-0440City of Miami Resolution R-18-0440 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4908 Final Action Date: 10/11/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO, LOCAL 587 ("IAFF") TO RESOLVE THE UNFAIR LABOR PRACTICE PETITION FILED BY IAFF IN THE CASE STYLED MIAMI ASSOCIATION OF FIREFIGHTERS, LOCAL 587, OF THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS OF MIAMI, FLORIDA V. CITY OF MIAMI, CASE NO.: BP-2018-001 (CR-2018-001 AND CA-2010-124), PENDING BEFORE THE PUBLIC EMPLOYEES RELATIONS COMMISSION; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENT. WHEREAS, the International Association of Firefighters, AFL-CIO, Local 587 ("IAFF") filed a petition against the City of Miami ("City") with the Public Employees Relations Commission ("PERC") alleging that the City had committed an unfair labor practice when it declared financial urgency in 2010; and WHEREAS, the proceedings were remanded to PERC for further action, which prompted a back -pay proceeding to be commenced; and WHEREAS, IAFF and the City have negotiated, and the parties have agreed, to a full and final compromise and settlement of all matters in the case styled as Miami Association of Firefighters, Local 587, of the International Association of Firefighters of Miami, Florida v. City of Miami, Case No.: BP-2018-001 (CR-2018-001 and CA-2010-124) and all causes of actions, claims, grievances, and contentions between them related to the City's 2010 declaration of financial urgency; and WHEREAS, upon ratification of the Settlement Agreement ("Agreement") between the parties, the terms of the Agreement shall be implemented accordingly; and WHEREAS, funds in the amount of twenty million five hundred thousand dollars ($20,500,000.00) shall be paid from the General Fund, unrestricted funds, and disbursed according to the payment schedule articulated in the Agreement; and WHEREAS, the Office of Allen, Norton and Blue, as outside counsel, has investigated these claims and pursuant to Section 18-232 of the Code of the City of Miami, Florida, as amended, recommends settlement; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. City of Miami Page 1 of 2 File ID: 4908 (Revision:) Printed On: 4/3/2025 File ID: 4908 Enactment Number: R-18-0440 Section 2. The City Manager is authorized' to execute the Agreement, in substantially the attached form, with IAFF. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: "ndez, City tor 1 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 City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File ID: 4908 (Revision:) Printed on: 4/3/2025