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Resolution No. 2015-040RESOLUTION NO. 2015-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING THE AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF VERNON AND THE VERNON FIREMEN'S ASSOCIATION FOR THE PERIOD OF JULY 1, 2014 THROUGH JUNE 30, 2016 WHEREAS, the Vernon Firemen's Association (the "VFA") has been recognized as an employee organization pursuant to Resolution No. 4027; and WHEREAS, on December 16, 2014, the City Council of the City of Vernon adopted Resolution No. 2014-73 approving a Memorandum of Understanding ("MOU") setting forth certain terms and conditions for employment of City of Vernon employees in classifications represented by the VFA, for the period of July 1, 2014 through June 30, 2016; and WHEREAS, representative members of the VFA and the City have agreed to execute an Amendment No. 1 to the MOU (the "Amendment") relating to Personal Protective Equipment Premium Pay; and WHEREAS, the City Council of the City of Vernon desires to approve the Amendment. 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 above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA), in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. SECTION 3: The City Council of the City of Vernon hereby approves the Amendment No. 1 to the Memorandum of Understanding between the City of Vernon and the Vernon Firemen's Association, in substantially the same form as attached hereto as Exhibit A. SECTION 4: The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever action is deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any nonsubstantive changes to the Amendment attached herein. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's designee, to send a fully executed Amendment to Dean Richens, President of the Vernon Firemen's Association. - 2 - SECTION 6: The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk's, or Deputy City Clerk's, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 16th day of June, 2015. ATTEST: aria E. yala City Clerk APPROVED ASTO FORM: ±P�— Hema Patel, Cit VAttorney Name: W. Michael McCormick Title: Mayor / Mayor Pre TeME)-- - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I Maria E. Ayala City Clerk /-}�'ty r1A of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2015-40, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, June 16, 2015, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this 2-214ay of June, 2015, at Vernon, California. (SEAL) - 4 - M ria E. yala City Clerk / n r �'r ring EXHIBIT A AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON MUD VERNON FIREMEN'S ASSOCIATION Parties to the Memorandum of Understanding Pursuant to Chapter 10 (section 3500 et seq) of Division 4, Title 1 of the Government Code, and Resolution No. 4027, the Resolution for the administration of employer -employee relations, the matters within the scope of representation that are set forth in this Memorandum of Understanding (MOU) have been discussed by and between representatives of the City of Vernon and the representatives of the Vernon Firemen's Association (hereinafter "VFA") and except as otherwise specifically provided herein shall apply only to those defined in the aforesaid Resolution as "all full-time and regular part-time employees in the Fire Department except management employees." This Amendment to the MOU constitutes a joint agreement by the Municipal Employee Relations Representative ("MERR") and the VFA, to be submitted to the City Council of the City of Vernon for its determination and approval by one or more Resolutions or Ordinances as the City Council may deem fit and proper. The MERR and the Representative of the VFA have agreed that they will jointly urge the City Council of Vernon to adopt one or more Resolutions or Ordinances reflecting the changes in wages, hours, and other conditions of employment agreed upon in this Amendment. If approved, the terms agreed upon by this Amendment to the MOU shall be deemed in effect as of July 1, 2014, and shall expire at midnight on June 30, 2016. IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VFA and the City of Vernon agree that Article Three, Section 15 is added to the MOU as follows: 1 ARTICLE THREE Section 15• Apparatus Equipment and Personal Protective Equipment (PPE) Premium Pav At the discretion of the Fire Chief, a Fire Captain who is assigned the additional duty to coordinate the maintenance of all Fire Department apparatus and equipment and to coordinate inspection, repair and replacement of all personal protective equipment (PPE) and safety gear shall be eligible to receive a five percent (5%) premium pay. This additional task may be assigned to a Fire Captain on the 40-hour or 56-hour work week schedule. The five percent (51/o) premium shall not be considered to be part of the employee's base salary when computing other incentive pay. [Signatures Begin on Next Page]. 2 CITY OF VERNON Mark Whitworth City Administrator / "MEW' Teresa McAllister Director of Human Resources Michael Wilson Fire Chief APPROVED AS TO FORM: Hema Patel City Attorney SIGNATURE PAGE VERNON FIREMEN'S ASSOC. Dean Richens President Todd Hewitt Vice -President APPROVED AND ADOPTED BY THE CITY COUNCIL ON RESOLUTION NO. ATTEST: Dated: Maria Ayala, City Clerk PER TRANSMITTAL COMMUNICATION OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 July 22, 2015 Vernon Firemen's Association Attn: Dean Richens, President 4305 Santa Fe Avenue Vernon, CA 90058 Re: Amendment No. 1 to the Memorandum of Understanding — July 1, 2014 — June 30, 2016 Dear Mr. Richens: Please find enclosed a copy of the fully executed Memorandum of Understanding approved by City Council on June 16, 2015, through Resolution No. 2015-40. If you have any questions regarding this matter, please call Mark Whitworth, at (323) 583-8811 ext. 398. Very tpxjy yours, Deborah R. Juar Records Management Assistant Enclosure c: William Fox Teresa McAllister Mark Whitworth Resolution No. 2015-40 Agreement No. 15-046 Excfusivefy Industrid FULLY EXECUTED AGREEMENT CONTRACT/AMENDMENT SIGNATURE ROUTING FORM CONTRACTOR: Vernon Firemen's Association CONTRACT PURPOSE: Amendment No. 1 to the Memorandum of Understanding CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP ❑ COMPETITIVE BID & NOTICED INVITATION TO BID 4WXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) ❑ SERVICES ❑ MATERIALS WUDGETED ❑ NOT BUDGETED TOTAL CONTRACT VALUE: $ Charge Acet. No(s) Amendment Value $ ❑ Contract is an Amendment to Contract No. (if applicable) RESPONSIBLE DEPARTMENT PERSON: Teresa McAllister PHONE: ext. 239 AUTHORIZATION: ❑ Approved by Council on (Check One) Resolution No. (if applicable) ❑ Approved by City Administrator on Note: Attach supporting documentation t�Amendment Approved by City Council 06/16/2015 ROUTING SEQUENCE: (Please Follow In Order — Do not use N/A) (1) Responsible Department Person Checks substance of contract and assembles two (2) copies of contract, insurance & bond documents, certifies compliance with Competitive Bidding and Purchasing Ordinance (2) Liability and Claims Approves insurance and sureties, if bonds required (3) Finance (Purchasing) Checks compliance with Competitive Bidding & Living Wage Ordinances and reflected in current budget (4) City Attorney Approves contract as to form, verifies bonds and insurance included (5) City Signatory Signs all copies on behalf of City (6) City Clerk Attests signatures, numbers, files contract, insurance and bonds, and transmits duplicate original to contractor, notifies IT to remove related RFP/bid notice, notifies any "consultant" of duties to file Form 700, if applicable Initials Date Rev. 127/14 AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON .IWE VERNON FIREMEN'S ASSOCIATION July 1, 2014 through June 30, 2016 AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON I-\►1l VERNON FIREMEN'S ASSOCIATION Parties to the Memorandum of Understanding Pursuant to Chapter 10 (section 3500 et seq) of Division 4, Title 1 of the Government Code, and Resolution No. 4027, the Resolution for the administration of employer -employee relations, the matters within the scope of representation that are set forth in this Memorandum of Understanding (MOU) have been discussed by and between representatives of the City of Vernon and the representatives of the Vernon Firemen's Association (hereinafter "VFA") and except as otherwise specifically provided herein shall apply only to those defined in the aforesaid Resolution as "all full-time and regular part-time employees in the Fire Department except management employees." This Amendment to the MOU constitutes a joint agreement by the Municipal Employee Relations Representative ("MERR") and the VFA, to be submitted to the City Council of the City of Vernon for its determination and approval by one or more Resolutions or Ordinances as the City Council may deem fit and proper. The MERR and the Representative of the VFA have agreed that they will jointly urge the City Council of Vernon to adopt one or more Resolutions or Ordinances reflecting the changes in wages, hours, and other conditions of employment agreed upon in this Amendment. If approved, the terms agreed upon by this Amendment to the MOU shall be deemed in effect as of July 1, 2014, and shall expire at midnight on June 30, 2016. IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VFA and the City of Vernon agree that Article Three, Section 15 is added to the MOU as follows: 1 I:1T11 NJMDoI1,IaDIA Section 15: Apparatus, Equipment and Personal Protective Equipment (PPE) Premium Pay At the discretion of the Fire Chief, a Fire Captain who is assigned the additional duty to coordinate the maintenance of all Fire Department apparatus and equipment and to coordinate inspection, repair and replacement of all personal protective equipment (PPE) and safety gear shall be eligible to receive a five percent (5%) premium pay. This additional task may be assigned to a Fire Captain on the 40-hour or 56-hour work week schedule. The five percent (5%) premium shall not be considered to be part of the employee's base salary when computing other incentive pay. [Signatures Begin on Next Page]. 2 CITY OF VERNON City / "MERR" C � Teresa McAllister Director of Human Resources Michael Wilson Fire Chief APPROVED AS TO FORM: Hema Patel City Attorney SIGNATURE PAGE VERN N FIRE 'S ASSOC. Dean 'c en President MJAI, Todd Hewett Vice -President APPROVED AND ADOPTED BY THE CITY COUNCIL ON .TUNS 16. 2015, PER RESOLUTION NO. 2015-40 . ATTEST: 4. ✓� Dated: Z I I Maria Ay la, City Cl k STAFF REPORT R�C�r�E®- JUN 1 � 2015 till �1ERVSTAFF REPORT CITY ADMINISTRATION DATE: June 16, 2015 TO: Honorable Mayor and City Council FROM: Mark C. Whitworth, City Administrator RE: Approval of Amendment No. 1 to the Vefrnon2irelaen's Association 2014- 2016 Memorandum of Understanding to Add Apparatus, Equipment and Personal Protective Equipment (PPE) Premium Pay Recommendations A. Find that approval of the proposed Amendment No. 1 to the Vernon Firemen's Association 2014-2016 Memorandum of Understanding to add Apparatus, Equipment and Personal Protective Equipment (PPE) Premium Pay is exempt under the California Environmental Quality Act ("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment.; and B. Approve and adopt the attached resolution approving Amendment No. 1 to the Vernon Firemen's Association 2014-2016 Memorandum of Understanding to add Article Three, Section 15 — Apparatus, Equipment and Personal Protective Equipment Premium Pay. C. Authorize the City Administrator and Director of Human Resources to execute the attached Amendment No. 1 to the 2014-2016 Memorandum of Understanding between the City of Vernon and employees represented by the City of Vernon Firemen's Association. Background The City and the City of Vernon Firemen's Association (VFA) concluded labor negotiations on December 8, 2014 regarding wages, benefits and working conditions for the 2014-2016 Memorandum of Understanding (MOU). It is recommended that City Council approve Amendment No. 1 to the MOU to incorporate past practice and current application of a 5% premium pay assigned to the Administrative Fire Captain to coordinate the maintenance of all Fire Department apparatus and equipment and to coordinate inspection, repair and replacement of all personal protective equipment (PPE) and Page 1 of 2 safety gear. The assignment of this additional complex task is at the discretion of the Fire Chief. In addition, the above task may be assigned to a Fire Captain on the 40-hour or 56-hour work week schedule. The 5% premium pay shall not be considered to be part of the employee's base salary when computing other incentive pay. Fiscal Impact There is no fiscal impact as the proposed amendment simply memorializes and clarifies an existing practice. Attachment(s) 1. Resolution Approving Amendment 1 to 2014-2016 VFA MOU Page 2 of 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING THE AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF VERNON AND THE VERNON FIREMEN'S ASSOCIATION FOR THE PERIOD OF JULY 1, 2014 THROUGH JUNE 30, 2016 WHEREAS, the Vernon Firemen's Association (the "VFA") has been recognized as an employee organization pursuant to Resolution No. 4027; and WHEREAS, on December 16, 2014, the City Council of the City of Vernon adopted Resolution No. 2014-73 approving a Memorandum of Understanding ("MOU") setting forth certain terms and conditions for employment of City of Vernon employees in classifications represented by the VFA, for the period of July 1, 2014 through June 30, 2016; and WHEREAS, representative members of the VFA and the City have agreed to execute an Amendment No. 1 to the MOU (the "Amendment") relating to Personal Protective Equipment Premium Pay; and WHEREAS, the City Council of the City of Vernon desires to approve the Amendment. 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 above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA), in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. SECTION 3: The City Council of the City of Vernon hereby approves the Amendment No. 1 to the Memorandum of Understanding between the City of Vernon and the Vernon Firemen's Association, in substantially the same form as attached hereto as Exhibit A. SECTION 4: The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever action is deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any nonsubstantive changes to the Amendment attached herein. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's designee, to send a fully executed Amendment to Dean Richens, President of the Vernon Firemen's Association. - 2 - SECTION 6: The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk's, or Deputy City Clerk's, certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 16th day of June, 2015. ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Hema Patel, Cit Attorney Name: Title: Mayor / Mayor Pro-Tem - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, June 16, 2015, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of June, 2015, at Vernon, California. (SEAL) - 4 - City Clerk / Deputy City Clerk EXHIBIT A AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON a- VERNON FIREMEN'S ASSOCIATION July 1, 2014 through June 30, 2016 AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON VERNON FIREMEN'S ASSOCIATION Parties to the Memorandum of Understanding Pursuant to Chapter 10 (section 3500 et seq) of Division 4, Title 1 of the Government Code, and Resolution No. 4027, the Resolution for the administration of employer -employee relations, the matters within the scope of representation that are set forth in this Memorandum of Understanding (MOU) have been discussed by and between representatives of the City of Vernon and the representatives of the Vernon Firemen's Association (hereinafter "VFA") and except as otherwise specifically provided herein shall apply only to those defined in the aforesaid Resolution as "all full-time and regular part-time employees in the Fire Department except management employees." This Amendment to the MOU constitutes a joint agreement by the Municipal Employee Relations Representative ("MERR') and the VFA, to be submitted to the City Council of the City of Vernon for its determination and approval by one or more Resolutions or Ordinances as the City Council may deem fit and proper. The MERR and the Representative of the VFA have agreed that they will jointly urge the City Council of Vernon to adopt one or more Resolutions or Ordinances reflecting the changes in wages, hours, and other conditions of employment agreed upon in this Amendment. If approved, the terms agreed upon by this Amendment to the MOU shall be deemed in effect as of July 1, 2014, and shall expire at midnight on June 30, 2016. IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VFA and the City of Vernon agree that Article Three, Section 15 is added to the MOU as follows: 1 ARTICLE THREE Section 15: Apparatus, Equipment and Personal Protective Equipment (PPE) Premium Pav At the discretion of the Fire Chief, a Fire Captain who is assigned the additional duty to coordinate the maintenance of all Fire Department apparatus and equipment and to coordinate inspection, repair and replacement of all personal protective equipment (PPE) and safety gear shall be eligible to receive a five percent (5%) premium pay. This additional task may be assigned to a Fire Captain on the 40-hour or 56-hour work week schedule. The five percent (5%) premium shall not be considered to be part of the employee's base salary when computing other incentive pay. [Signatures Begin on Next Page]. `A CITY OF VERNON Mark Whitworth City Administrator / "MERR' Teresa McAllister Director of Human Resources Michael Wilson Fire Chief APPROVED AS TO FORM: Hema Patel City Attorney SIGNATURE PAGE VERNON FIREMEN'S ASSOC. Dean Richens President Todd Hewitt Vice -President APPROVED AND ADOPTED BY THE CITY COUNCIL ON RESOLUTION NO. ATTEST: Dated: Maria Ayala, City Clerk PER