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Resolution No. 2015-041RESOLUTION NO. 2015-41 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 FIRE MANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1, 2014 THROUGH JUNE 30, 2016 WHEREAS, the Vernon Fire Management Association ("VFMA") has been recognized as an employee organization pursuant to the City of Vernon Employer -Employee Relations Resolution (Resolution No. 4027); and WHEREAS, on July 15, 2014, the City Council of the City of Vernon adopted Resolution No. 2014-47 approving a Memorandum of Understanding ("MOU") setting forth certain terms and conditions for employment of City of Vernon employees in classifications represented by the VFMA, for the period of July 1, 2014 through June 30, 2016; and WHEREAS, representative members of the VFMA and the City have agreed to execute an Amendment No. 1 to the MOU (the "Amendment") relating to Administrative Fire Battalion Chief 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 Fire Management 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 David Lazar, President of the Vernon Fire Management 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: .�i Mar a E . AyQla City Clerk / y i y APPROVED AS TO FORM: Hema Patel, Ci Y Attorney Name: W. Michael McCormick Title: Mayor / - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I Maria E . Ayala City Clerk / -bf the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2015-41, 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 22-14ay of June, 2015, at Vernon, California. (SEAL) - 4 - M ria E. yala City Clerk / Bepup—C�ty Ebe}c_' EXHIBIT A AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND VERNON FIRE MANAGEMENT ASSOCIATION July 1, 2014 through June 30, 2016 aEANOA► FI$E AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON VERNON FIRE MANAGEMENT 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 Fire Management Association (hereinafter "VFMA") and except as otherwise specifically provided herein shall apply only to those defined in the aforesaid Resolution as "all full-time sworn and regular part-time employees in the Fire Department management and confidential employees," otherwise known as Chief Officers. This Amendment to the MOU constitutes a joint agreement by the Municipal Employee Relations Representative ("MERR") and the VFMA, 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 VFMA have agreed that they will jointly urge the City Council of the City 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 VFMA and the City of Vernon agree that Article Three, Section 15 is added to the MOU as follows: 1 ARTICLE THREE Section 15: Administrative Fire Battalion Chief Premium Pay At the discretion of the Fire Chief, an Administrative Fire Battalion Chief who is assigned to the 40-hour work week schedule shall receive a five percent (5%) premium pay. The Administrative Fire Battalion Chief shall also be eligible to utilize a City owned vehicle and fuel in accordance with the City Owned Vehicle Authorization and Use Policy. Please refer to the Citywide Fringe Benefit and Salary Resolution, Section 11, Automobile Allowance and reimbursement for Expenses. 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 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 FIRE MANAGEMENT ASSOC. David Lazar President David Kimes Vice -President Andrew Guth Secretary/Treasurer APPROVED AND ADOPTED BY THE CITY COUNCIL ON RESOLUTION NO. /:v11111919 Dated: Maria Ayala, City Clerk 3 TRANSMITTAL COMMUNICATION OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 July 20, 2015 Vernon Fire Management Association Attn: David Lazar, President 4305 Santa Fe Avenue Vernon, CA 90058 Re: Vernon Fire Management Association — Amendment No. 1 to the Memorandum of Understanding for the Period of July 1, 2014 — June 30, 2016 Dear Mr. Lazar: Please find enclosed a copy of the fully executed original Memorandum of Understanding approved by City Council on June 16, 2015, through Resolution No. 2015-41. If you have any questions regarding this matter, please call Mark Whitworth, at (323) 583-8811 ext. 398. Very truly yours, Deborah R.Juarez Records Management Assistant Enclosure c: Michael Wilson William Fox Teresa McAllister Mark Whitworth Resolution No. 2015-41 Agreement No. 15-048 Excrusively industriar FULLY EXECUTED AGREEMENT CONTRACT/AMENDMENT SIGNATURE ROUTING FORM CONTRACTOR: Vernon Fire Management 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 V'EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) ❑ SERVICES 0 MATERIALS ABUDGETED 0 NOT BUDGETED TOTAL CONTRACT VALUE: $ Charge Acct. 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 MAmendment Approved by City Council 06/16/2015 ROUTING SEQUENCE: (Please Follow In Order — Do not use N/A) Initials Date (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 Vv / ►T+ a and reflected in current budget (4) City Attorney S 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 Q J transmits duplicate original to contractor, notifies IT to remove related RFP/bid notice, notifies any "consultant" of duties to file Form 700, if applicable Rev. 1/27/14 AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON KIWI VERNON FIRE MANAGEMENT ASSOCIATION July 1, 2014 through June 30, 2016 aERNOAf FIRE AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON VERNON FIRE MANAGEMENT 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 Fire Management Association (hereinafter "VFMA") and except as otherwise specifically provided herein shall apply only to those defined in the aforesaid Resolution as "all full-time sworn and regular part-time employees in the Fire Department management and confidential employees," otherwise known as Chief Officers. This Amendment to the MOU constitutes a joint agreement by the Municipal Employee Relations Representative ("MERR") and the VFMA, 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 VFMA have agreed that they will jointly urge the City Council of the City 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 VFMA and the City of Vernon agree that Article Three, Section 15 is added to the MOU as follows: 1 ARTICLE THREE Section 15: Administrative Fire Battalion Chief Premium Pay At the discretion of the Fire Chief, an Administrative Fire Battalion Chief who is assigned to the 40-hour work week schedule shall receive a five percent (5%) premium pay. The Administrative Fire Battalion Chief shall also be eligible to utilize a City owned vehicle and fuel in accordance with the City Owned Vehicle Authorization and Use Policy. Please refer to the Citywide Fringe Benefit and Salary Resolution, Section 11, Automobile Allowance and reimbursement for Expenses. 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 SIGNATURE PAGE CITY OF VERNON 6� �" Mark/Whitworth City dministrator / "MERR" 2 2D WL�L Teresa McAllister Director of Human Resources n Michael Vils6n Fire Chief APPROVED AS TO FORM: Hema Patel City Attorney VERNON FIRE MANAGEMENT ASSOC David Law"' President David Kimes Vice -President -de u Secretary/Treasurer APPROVED AND ADOPTED BY THE CITY COUNCIL ON JUNE 16, 2015 , PER RESOLUTION NO. 2015-41 . ATTEST: • `e, Dated: I S Maria Ay a, City CleLg STAFF REPORT DATE: STAFF REPORT CITY ADMINISTRATION June 16, 2015 TO: Honorable Mayor and City Council FROM: Mark C. Whitworth, City Administrat r RE: Approval of Amendment No. 1 to the Vernon Fire Management Association 2014-2016 Memorandum Of Understanding to Add Administrative Fire Battalion Chief Premium Pay Recommendations A. Find that approval of the proposed Amendment No. 1 to the Vernon Fire Management Association 2014-2016 Memorandum Of Understanding to Add Administrative -Fire Battalion Chief 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. B. Approve and adopt the attached resolution approving Amendment No. 1 to the Vernon Fire Management Association 2014-2016 Memorandum of Understanding to add Article Three, Section 15 — Administrative Fire Battalion Chief Premium Pay. C. Authorize the City Administrator and Director of Human Resources to execute the attached Amendment No. 1 to the 2014-16 Memorandum of Understanding between the City of Vernon and employees represented by the City of Vernon Fire Management Association. Back round The City and the City of Vernon Fire Management Association (VFMA) concluded labor negotiations on May 6, 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 authorize the implementation of a 5% premium pay to a Fire Battalion Chief who is assigned at the discretion of the Fire Chief to a 40-hour administrative work week schedule. In addition, the proposed Amendment would authorize the Administrative Fire Battalion Chief to utilize a City owned vehicle and fuel in accordance with the City Owned Vehicle Authorization and Use Policy. Page 1 of 2 The 5% premium pay shall not be considered to be part of the employee's base salary when computing other incentive pay. Fiscal Impact The initial annual cost to implement the Administrative Battalion Chief assignment is approximately $42,000 and has been included in the fiscal year 2015-2016 Fire Department budget recently adopted by the City Council. In order to assign a Battalion Chief to administrative duty, a fourth Battalion Chief position would need to be filled through an internal promotional opportunity. The total cost reflected includes the costs associated with the promotion and the 5% premium pay. Attachment(s) 1. Resolution Approving Amendment 1 to 2014-2016 VFMA 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 FIRE MANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1, 2014 THROUGH JUNE 30, 2016 WHEREAS, the Vernon Fire Management Association ("VFMA") has been recognized as an employee organization pursuant to the City of Vernon Employer -Employee Relations Resolution (Resolution No. 4027); and WHEREAS, on July 15, 2014, the City Council of the City of Vernon adopted Resolution No. 2014-47 approving a Memorandum of Understanding ("MOU") setting forth certain terms and conditions for employment of City of Vernon employees in classifications represented by the VFMA, for the period of July 1, 2014 through June 30, 2016; and WHEREAS, representative members of the VFMA and the City have agreed to execute an Amendment No. 1 to the MOU (the "Amendment") relating to Administrative Fire Battalion Chief 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 Fire Management 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 David Lazar, President of the Vernon Fire Management 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: Hems. Patel, CiV 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 AND VERNON FIRE MANAGEMENT ASSOCIATION July 1, 2014 through June 30, 2016 aEANOA► FIRE AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON I�117 VERNON FIRE MANAGEMENT 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 Fire Management Association (hereinafter "VFMA") and except as otherwise specifically provided herein shall apply only to those defined in the aforesaid Resolution as "all full-time sworn and regular part-time employees in the Fire Department management and confidential employees," otherwise known as Chief Officers. This Amendment to the MOU constitutes a joint agreement by the Municipal Employee Relations Representative ("MERR") and the VFMA, 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 VFMA have agreed that they will jointly urge the City Council of the City 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 VFMA and the City of Vernon agree that Article Three, Section 15 is added to the MOU as follows: 1 ARTICLE THREE Section 15• Administrative Fire Battalion Chief Premium Pav At the discretion of the Fire Chief, an Administrative Fire Battalion Chief who is assigned to the 40-hour work week schedule shall receive a five percent (5%) premium pay. The Administrative Fire Battalion Chief shall also be eligible to utilize a City owned vehicle and fuel in accordance with the City Owned Vehicle Authorization and Use Policy. Please refer to the Citywide Fringe Benefit and Salary Resolution, Section 11, Automobile Allowance and reimbursement for Expenses. 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 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 FIRE MANAGEMENT ASSOC. David Lazar President David Kimes Vice -President Andrew Guth Secretary/Treasurer APPROVED AND ADOPTED BY THE CITY COUNCIL ON RESOLUTION NO. ATTEST: Dated: Maria Ayala, City Clerk PER