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Resolution No. 91621 2 3 4 5 6 7 8 9 10 11 OVA 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ADOPTING A FORM EMPLOYEE TUITION REIMBURSEMENT AGREEMENT REGARDING UNIVERSITY EDUCATION PROGRAM WHEREAS, on May 9, 2006, the Personnel Committee Section of the City Council of the City of Vernon recommended that the City Council approve the City of Vernon Employee University Education Program Guidelines (the "Program"); and WHEREAS, the establishment of an educational program will lincrease the effectiveness of City services to the citizens of the City of Vernon by encouraging the personal development of City employees through education and training, as well as to prepare employees for advancement; and WHEREAS, pursuant to the Program, a qualifying employee is required to sign an agreement with the City in order to obtain tuition reimbursement under the Program; and WHEREAS, City staff are recommending that the Program and form Employee Tuition Reimbursement Agreement be approved and adopted. 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 finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves and adopts the City of Vernon Employee University Education Program Guidelines, a copy of which is attached hereto as Exhibit A and incorporated by reference. 1 2 3 4 5 6 FM 8 9 10 11 IWA 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 3: The City Council of the City of Vernon hereby approves and adopts the form Employee Tuition Reimbursement Agreement in substantially the same form as the copy which is attached hereto as Exhibit B and incorporated by reference, in accordance with the City of Vernon Employee University Education Program Guidelines, with the intent that the same shall be a binding contract between the City and the employee upon acceptance by the Acting City Clerk. SECTION 4: 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 form Employee Tuition Reimbursement Agreement. SECTION 5: The City Council of the City of Vernon hereby authorizes and empowers the Acting City Clerk and/or his designee to execute individual copies of the form Employee Tuition Reimbursement Agreement on an as -needed basis and to make whatever nonsubstantive and administrative changes, upon advice of counsel, to the form Employee Tuition Reimbursement Agreement as is necessary to carry out the intent of this Resolution. Such additions, deletions and other changes therein as the Acting City Clerk and/or his designee executing the Agreement may approve, is conclusively evidenced by the execution and delivery of the Agreement. - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 6: 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 20th day of December, 2006. ATTEST: C BRUCE V. MALKENHORST, JR. Acting City Clerk THOMAS A. YBA RA, Mayor Pro-Tem - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 9162, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, December 20, 2006, and thereafter was duly signed by the Mayor Pro-Tem of the City of Vernon. BRUCE V. MALKENHORST, JR. Acting City Clerk (SEAL) - 4 - EXHIBIT A CITY OF VERNON EMPLOYEE UNIVERSITY EDUCATION PROGRAM GUIDELINES This program is for those employees who wish to pursue further education, who have met the City's criteria for said program, and who would like to enter into an agreement with the City to participate in said program. This Program is not to be used concurrently with any other educational assistance program offered by the City. Furthermore, participation in the Employee University Education Program is at the will and pleasure of the City of Vernon Personnel Committee and/or City Council. EDUCATION PROGRAMS •'• Bachelor ••• Master ❖ Specialized Certificates EMPLOYEE QUALIFICATION CRITERIA ❖ Eligibility - at least two years of continuous uninterrupted regular full-time or part-time employment with the City. Employees who are temporary, provisional, on leave of absence, probation, or who have returned to probationary status, or are not considered regular employees, shall not be eligible. Employees who are subject to a collective bargaining agreement shall not be eligible unless provided for in a bargaining agreement that is consistent with the terms and conditions herein. ❖ Overall minimum evaluation scores within the last twelve months from application date: Staff 3.00 and/or A & B rating scores Supervisors 3.50 and/or A & B rating scores ❖ Written communication from employee expressing his/her desire to participate in the program shall include: Type of program desired. University of preference. Estimated cost for the program. ❖ Written recommendation from Department Head for employee to participate in the program. City of Vernon University Education Program Guidelines INELIGIBILITY - an overall rating of less of 3.00 and/or three (3) or more C's on the employee's evaluation within the last twelve months from the application date. ADMINISTRATION - the City Clerk's Department shall administrate the program. MAXIMUM FINANCIAL ASSISTANCE ❖ Bachelor Degree up to $25,000.00 per 12- month period. ❖ Master Degree - up to $25,000.00 total. ❖ Specialized Certificates or other approved program up to $15,000.00 total. EMPLOYEE PAYBACK PERIOD ❖ 36-month agreement - up to $15,000.00 total. ❖ 48-month agreement - $15,001.00 to $25,000.00 ❖ 60-month agreement - $25,001.00 to $35,000.00 ❖ 72-month agreement - $35,000.00 and over APPROVAL FOR PARTICIPATION IN THE EDUCATION PROGRAM ❖ Recommendation from Department Head and a written statement from the employee communicating his/her interest to participate in the University Education Program shall be submitted to the Personnel Committee for approval. Final approval is at the sole discretion of the Personnel Committee and/or City Council. ❖ Upon approval from the Personnel Committee, an Employee Tuition Reimbursement Agreement shall be entered into between the employee and the City. ❖ Employee shall submit a payback schedule every time a tuition reimbursement is requested indicating the accumulated grand total due to the City. At the conclusion of the course, the Employee shall submit an application for reimbursement form to the department head and shall present all receipts and final grades at the end of each semester/quarter with such request. A grade of C or better is required for eligibility for such reimbursement. 2 City of Vernon University Education Program Guidelines EMPLOYEE SEPARATION In case of employment separation from the City, under any circumstances, the amount due to the City in accordance with the employee payback schedule shall be paid in full. Upon employment separation, employee shall make arrangements to repay the City in accordance with the Employee Tuition Reimbursement Agreement University Education Program and/or the City shall seek repayment of amount due as permitted by California Law. 3 EXHIBIT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EMPLOYEE TUITION REIMBURSEMENT AGREEMENT UNIVERSITY EDUCATION PROGRAM THIS TUITION REIMBURSEMENT AGREEMENT is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of the day of , 20 in the City of Vernon, County of Los Angeles, California, BY AND BETWEEN AND City of Vernon, a Municipal Corporation (hereinafter referred to as "City") (hereinatter reterrea to as "Employee") RECITALS WHEREAS, Section 7.6 of the Charter of the City of Vernon provides that "All city employees shall serve at the will and pleasure of the city council;" and WHEREAS, Employee shall not have any property rights in his or her employment but will serve solely at the will and pleasure of the City Council; and WHEREAS, the City requires all new employees to be regularly evaluated for at least one (1) year evaluation period; and WHEREAS, the City and Employee desire to memorialize the terms and conditions under which the Employee will participate in the financial arrangement for tuition reimbursement offered by the City 1 1 2 3 4 5 6 7 8 9 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 pursuant to the Employee University Education Program Guidelines ("EUEPG"), a copy of which will be supplied to the Employee upon execution of this Agreement; and WHEREAS, Employee represents that he or she is eligible to participate in the Employee University Education Program after having met all the requirements set forth in the EUEPG; and WHEREAS, Employee shall agree to work for the City for at least thirty-six (36) months or the appropriate payback period as indicated in the EUEPG; and WHEREAS, the employee leaves the City of Vernon either voluntarily or involuntarily, under any circumstances, then reimbursement for the balance of the loan shall be made forthwith in laccordance with the EUEPG. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED THE PARTIES HERETO AGREE AS FOLLOWS: SECTION 1: The City and Employee hereby agree that the Irecitals contained hereinabove are true and correct. SECTION 2: The City agrees to provide financial assistance for the Employee's further education in obtaining a Bachelor Degree, Master Degree, Specialized Certificate or Approved Program in a sum in accordance with the EUEPG. Employee agrees to reimburse the City in accordance with the EUEPG. A copy of a form Employee Payback Schedule lis attached hereto as Exhibit A and incorporated by reference. SECTION 3: In the event the Employee leaves his or her employment with the City, either voluntarily or involuntarily, under any circumstances, then reimbursement for the balance of the loan shall be made as specified by the EUEPG. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Employee agrees that he or she does not have a property right in employment and that he or she serves at the will and pleasure, of the City Council. SECTION 4: This Agreement shall become effective commencing , 20 IN WITNESS WHEREOF, the City has caused this Agreement to be signed and executed on its behalf by the Acting City Clerk, and the Employee has signed and executed this Agreement, both in duplicate, the day and the year first above written. Bruce V. Malkenhorst, Jr. Acting City Clerk Employee 3 EXHIBIT A H o 0 v i o 0 c> v p, o E- O O O O N M O 0 0 0 O S9 os ^�} O O O 0 0 0 000 C) vikn 64 E!l, 69 69 O O O O O O O O O O rq en N bb m Cl? cd cd o � 0 0 0 0 U � � \c 00 O N WHO Md 110 a aq cz w a csa V O cz 0-0 cd Aa Cj o o P 0 � U 0 o ��' 4 v � v 4-4 o 41 d tx v v 6A v v v v as �a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9544 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON MERGING THE EMPLOYEE UNIVERSITY EDUCATION LOAN PROGRAM AND THE DISCRETIONARY EDUCATIONAL ASSISTANCE PROGRAM, APPROVING AND ADOPTING A REVISED EMPLOYEE UNIVERSITY EDUCATION LOAN PROGRAM GUIDELINES AND FORM EMPLOYEE TUITION LOAN REIMBURSEMENT AGREEMENT AND REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT THEREWITH WHEREAS, on September 19, 1995, the City Council of the City of Vernon adopted Resolution No. 6687, as amended, establishing a Discretionary Educational Assistance Program; and WHEREAS, on November 6, 2007, the City Council of the City of Vernon adopted Resolution No. 9454 approving and adopting a revised Employee University Education Loan Program Guidelines and form Employee Tuition Loan Reimbursement Agreement; and WHEREAS, the City Council believes that continuing education by City employees not only personally benefits those employees taking courses but also enhances job performance which benefits the City; and WHEREAS, the City Council desires to merge the Employee University education Loan Program and the Discretionary Educational Assistance Program for clarity and to revise the guidelines and form agreement to implement the change. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE ICITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon does hereby find and determine that the recitals contained hereinabove are Itrue and correct. SECTION 2: The City Council of the City of Vernon hereby 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 approves and adopts the City of Vernon Employee University Education Loan Program Guidelines (Revised February 4, 2008) (the "Guidelines"). Said Guidelines will become effective February 4, 2008. SECTION 3: The City Council of the City of Vernon hereby approves and adopts the form Employee Tuition Loan Reimbursement Agreement, University Education Program (Revised February 4, 2008), (the "Agreement") in accordance with the Guidelines, with the intent that the same shall be a binding contract between the City and the employee upon acceptance by the City Administrator. Said form Ilagreement shall be effective February 4, 2008. SECTION 4: The City Council of the City of Vernon hereby allows those employees currently enrolled under any prior program to continue with the prior program under the guidelines and agreement under which the prior program existed. SECTION 5: The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to make whatever nonsubstantive, administrative and/or text changes, upon advice of counsel, to the Guidelines and Agreement. SECTION 6: The City Council of the City of Vernon hereby authorizes and empowers the City Administrator and/or his designee to execute individual copies of the form Agreement on an as -needed basis and to make whatever nonsubstantive and administrative changes, upon advice of counsel, to the form Agreement as is necessary to carry out the intent of this Resolution. Such additions, deletions and other changes therein as the City Administrator and/or his designee executing the Agreement may approve, is conclusively evidenced by the execution and delivery of the Agreement. - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 7: All resolutions, parts of resolutions, or minute orders in conflict with this Resolution are hereby repealed and Resolution Nos. 6687, 7165, 7359, 7558 and 8013 specifically are repealed in their entirety once the new Guidelines and Agreement are in place. SECTION 8: The 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 4th day of February, 2008. ATTEST: MAN ELA GIRON, it Clerk Name: Leonis C. Malburg Title: Mayor / - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9544, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, February 4, 2008, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) �- MfNU'ELA GIRON, Ci y Clerk - 4 -