Resolution No. 9119Y
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RESOLUTION NO. 9119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
SECOND AMENDMENT TO FIFTH SIDE -LETTER AGREEMENT BY
AND BETWEEN THE CITY OF VERNON AND THE VERNON
POLICE OFFICERS' BENEFIT ASSOCIATION ("VPOBA")
(EMPLOYEE GROUP 2)
WHEREAS, the VPOBA and the Municipal Employee Relations
Representative of the City of Vernon (the "MERR") entered into a
Memorandum of Understanding ("MOU") on March 1, 1988, for a term of
four (4) years effective September 1, 1988 to August 31, 1992, which
sets forth certain terms and conditions for employment of police
officers by the City of Vernon; and
WHEREAS, on March 15, 1988, pursuant to Resolution No. 5489,
the City Council of the City of Vernon approved the MOU; and
WHEREAS, on January 21, 1992, pursuant to Resolution No.
6001, the City Council of the City of Vernon approved a Side -Letter
Agreement amending the MOU effective October 6, 1991, which, among
other things, extended the MOU for a period of five (5) years from
September 1, 1992 to August 31, 1997; and
WHEREAS, on October 5, 1993, pursuant to Resolution No.
6258, the City Council approved a Second Side -Letter Agreement
amending the MOU effective September 19, 1993, which, among other
things, extended the MOU for a period of four (4) years to August 31,
12001; and
WHEREAS, on July 11, 1995, pursuant to Resolution No. 6656,
the City Council approved a Third Side -Letter Agreement amending the
MOU effective July 1, 1995; and
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WHEREAS, on September 2, 1997, pursuant to Resolution No.
7009, the City Council approved a Fourth Side -Letter Agreement
amending the MOU effective September 1, 1997, which, among other
things, extended the MOU for a period of four (4) years to August 31,
2005; and
WHEREAS, on September 5, 2001, pursuant to Resolution No.
7825, the City Council approved a Fifth Side -Letter Agreement amending
the MOU effective September 1, 2001, which, among other things,
extended the MOU for a period of six (6) years to August 31, 2011; and
WHEREAS, on March 6, 2002, pursuant to Resolution No. 7920,
the City Council approved an Amendment to Fifth Side -Letter Agreement
amending the MOU effective March 1, 2002, to continue the 3/12 work
week; and
WHEREAS, Section 2.4 of the Fifth Side -Letter Agreement
provides for cost of living increases in an amount equal to the cost
of living salary increases received by Police Administration employees
of the City in the current fiscal year; and
WHEREAS, members of the VPOBA representing Employee Group 2
and the City's representative have jointly negotiated a second
amendment to the Fifth Side -Letter Agreement to modify Section 2.4 of
the MOU effective September 1, 2006; and
WHEREAS, the City Council desires to approve a second
amendment to the Fifth Side -Letter Agreement and authorize the
(execution thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
Minds and determines that the recitals contained hereinabove are true
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and correct.
SECTION 2: The City Council of the City of Vernon hereby
ratifies and approves the actions taken by the City's representative
in negotiating the amendment to the MOU.
SECTION 3: The City Council of the City of Vernon hereby
approves the Second Amendment to Fifth Side -Letter Agreement by and
between the City of Vernon and the VPOBA (Employee Group 2), in
substantially the same form as the copy which is attached hereto as
Exhibit A and incorporated by reference.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the Mayor to execute said Amendment for, and on behalf of,
the City of Vernon and the Acting City Clerk is hereby authorized to
attest thereto.
SECTION 5: The City Council of the City of Vernon hereby
authorizes the Acting City Clerk, or his designee, to make whatever
nonsubstantive, administrative and/or text changes, upon advice of
counsel, to the amendment to the MOU.
SECTION 6: The approval set forth herein is subject to all
the terms, covenants and conditions contained in the Second Amendment
to Fifth Side -Letter Agreement.
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SECTION 7: The Acting City Clerk of the City of Vernon
shall certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 5th day of September, 2006.
ATTEST
BRUCE V. MALKENHORST, JR.
Acting City Clerk
LEONIS C. MAL URG, Mayor
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 9119, was duly adopted by the City Council of the City
of Vernon at an adjourned regular meeting of the City Council duly held
on Tuesday, S�e.tember 5, 2006, and thereafter was duly signed by the
Mayor of the City of Vernon.
(SEAL)
BRUCE V. MALKENHORST, JR.
Acting City Clerk
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SECOND AMENDMENT TO FIFTH SIDE LETTER AGREEMENT
THIS SECOND .AMENDMENT TO THE FIFTH SIDE -LETTER AGREEMENT is
entered into by and between the City of Vernon ("City") and the Vernon
Police Officers' Benefit Association ("VPOBA") (Employee Group 2)
amending the Fifth Side -Letter Agreement between the VPOBA and the
Municipal Employee Relations Representative of the City of Vernon
("MERR"), to be effective September 1, 2006.
RECITALS
WHEREAS, the VPOBA and MERR entered into a Memorandum of
Understanding (MOU) on March 1, 1988, for a term of four (4) years
effective September 1, 1988 to August 31, 1992, which set forth certain
terms and conditions for employment of police officers by the City of
Vernon; and
WHEREAS, the MOU was approved by the City Council on March 15,
1988, pursuant to City Council Resolution No. 5489; and
WHEREAS, the VPOBA and MERR entered into a Side -Letter
Agreement executed on January 19, 1992, amending the MOU effective
October 6, 1991, and
WHEREAS, the City Council approved the Side -Letter Agreement
by Resolution No. 6001 on January 21, 1992; and
WHEREAS, the VPOBA and MERR entered into a Second Side -Letter
Agreement executed on October 12, 1993, further amending the MOU
effective September 19, 1993, and extending the term of the MOU to
August 31, 2001; and
WHEREAS, the City Council approved the Second Side -Letter
Agreement by Resolution No. 6258 on October 5, 1993; and
WHEREAS, the VPOBA and MERR entered into a Third Side -Letter
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Agreement executed on July 11, 1995, amending the MOU effective July 1,
1995; and
WHEREAS, the City Council of the City of Vernon approved the
Third Side -Letter Agreement by Resolution No. 6656 on July 11, 1995; and
WHEREAS, the VPOBA and MERR entered into a Fourth Side -Letter
Agreement executed on September 3, 1997, further amending the MOU
effective September 1, 1997 and extending the MOU term to August 31,
2005; and
WHEREAS, the City Council of the City of Vernon approved the
Fourth Side -Letter Agreement by Resolution No. 7009 on September 2, 1997;
and
WHEREAS, the VPOBA and MERR entered into a Fifth Side -Letter
Agreement executed on September 5, 2001 further amending the MOU
effective September 1, 2001 and extending the MOU term to August 31,
2011; and
WHEREAS, the City Council of the City of Vernon approved the
Fifth Side -Letter Agreement by Resolution No. 7825 on September 5, 2001;
and
WHEREAS, the VPOBA and MERR entered into an Amendment to Fifth
Side -Letter, Agreement effective on March 1, 2002 further amending the
MOU to continue the 3/12 work week; and
WHEREAS, the City Council of the City of Vernon approved the
Amendment to Fifth Side -Letter Agreement by Resolution No. 7920 on
March 6, 2002; and
WHEREAS, the VPOBA and the City of Vernon desire to amend the
Fifth Side -Letter Agreement to amend Section 2.4 pertaining to salary
increases.
IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED,
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the parties agree as set forth herein.
SECTION 1: The MOU dated March 1, 1988, as amended by the
Side -Letter Agreement executed on January 19, 1992, the Second Side -
Letter Agreement executed on October 12, 1993, the Third Side -Letter
Agreement executed on July 11, 1995, the Fourth Side -Letter Agreement
executed on September 3, 1997, the Fifth Side -Letter Agreement executed
on September 5, 2001 and the Amendment to Fifth Side -Letter Agreement
shall remain in full force and effect
unless further amended herein. This Amendment shall be effective
September 1, 2006.
SECTION 2: Section 2.4 of the MOU pertaining to salary
increases, which was amended pursuant to the Fifth Side -Letter
Agreement, shall be amended to read as follows:
2.4 The Group 2 employees shall receive a six percent
(60) salary increase for fiscal year 2006-2007 effective
September 1, 2006. Each year thereafter, effective
September 1 of that year, the Group 2 employees shall
receive a cost of living salary increase in an amount
equal to the cost of living salary increases received by
Police Administration employees of the City in that year.
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IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be duly and properly executed on the day and year
hereinafter written.
VERNON POLICE OFFICERS' BENEFIT ASSOCIATION
Go
'DATED:renzo Gayton, President
/� P
BY ! �Z� DATED:
F ank Pirello, Treasurer
ATTEST:
BRUCE V. ALKENHORST, JR.
Acting City Clerk
APPROVED AS TO FORM:
e L
ERIC T. FR CH
City Attorney
CITY OF VERNON
By:
-5 C. MALBURG, Mayor
Dated:
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