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Resolution No. 2018-010RESOLUTION NO. 2018-10 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, 2016 THROUGH JUNE 30, 2019 WHEREAS, the Vernon Firemen's Association ("VFA") has been recognized as an employee organization pursuant to the City of Vernon Employer -Employee Relations Resolution (Resolution No. 4027); and WHEREAS, on July 12, 2016, the City Council of the City of Vernon adopted Resolution No. 2016-36 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, 2016 through June 30, 2019; 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 Fire Staff 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 from California Environmental Quality Act (CEQA) review, because it is an administrative activity that will not result in direct or indirect physical changes in the environment and therefore does not constitute a "project" as defined by CEQA Guidelines Section 15378. 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 of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 3rd day of April, 2018. Name Melissa A. arra ATTEST: (24L- Maria E. Aya-16 City Clerk APPROVED A TO FORM: Zaynah Mouss Senior Deput City Attorney Title: Mayor / Mayer Dro-Tom - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2018-10, 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, April 3, 2018, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this 4-1111" day of April, 2018, at Vernon, California. (SEAL) - 4 - Mar a E. Ayal , City Clerk EXHIBIT A AMENDMENT NO. I TO THE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND 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, 2016, and shall expire at midnight on June 30, 2019. IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VFA and the City of Vernon agree that Article Three, Section 15 is amended within the MOU as follows: ARTICLE THREE Section 15: Fire Staff Premium Pay At the discretion of the Fire Chief, a Fire Captain who is routinely and consistently assigned administrative work associated with the coordinatione and4he maintenance of all Fire Department apparatus and equipment and r 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. Theseis additional administrative tasks 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. SIGNATURE PAGE CITY OF VERNON VERNON FIREMEN'S ASSOC. Carlos R. Fandino, Jr. City Administrator Michael A. Earl Director of Human Resources Bruce English Fire Chief APPROVED AS TO FORM: Hema Patel City Attorney Dean Richens President Todd Hewitt Vice -President APPROVED AND ADOPTED BY THE CITY COUNCIL ON PER RESOLUTION NO. ATTEST: Dated: Maria Ayala, City Clerk TRANSMITTAL COMMUNICATION ty of OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 April 17, 2018 Vernon Firemen's Association Attn: Dean Richens, President 4305 Santa Fe Avenue Vernon, CA 90058 Re: Memorandum of Understanding — July 1, 2016 — June 30, 2019 — Amendment No. 1 Dear Mr. Richens: Please find enclosed an original fully executed amendment to the Memorandum of Understanding approved by City Council on April 3, 2018, through Resolution No. 2018-10. If you have any questions regarding this matter, please call Michael Earl, at (323) 583-8811 ext. 239. Very truly yours, borah R. Juare Records Management Assistant Enclosure c: Michael Earl Bruce English Carlos Fandino William Fox Resolution No. 2018-10 Agteement No. 18-026 E,Xcfusivef Industrial FULLY EXECUTED AGREEMENT SIGNATURE ROUTING FORM CONTRACTOR: Vernon Firemen's Association CONTRACT PURPOSE: Memorandum of Understanding, Amendment No. 1 CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP ❑ COMPETITIVE BID & NOTICED INVITATION TO BID ❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) ❑ SERVICES ❑ MATERIALS ❑ BUDGETED ❑ NOT BUDGETED TOTAL CONTRACT VALUE: $ Charge Acct. No(s) Amendment Value $ ❑ Contract is an Amendment to Eden Contract No. (if applicable) RESPONSIBLE DEPARTMENT PERSON: Michael Earl PHONE: ext. 239 AUTHORIZATION: L(Approved by Council on 4/03/2018 (Check one and attach Resolution No. 2018-10 (if applicable) supporting documentation) ❑ Approved by City Administrator on ❑ Approved by Finance Director on ROUTING SEQUENCE: (Please Follow In Order) Initials Date (1) Responsible Department Person Certifies compliance with Competitive Bidding and Purchasing Ordinance, obtains approval from City Council/City Administrator/Finance Director, and obtains approval as to form from the City Attorney's Office, assembles two (2) originals of contract, obtains proper signatures from contractor/consultant pursuant to the signature requirements, obtains insurance & bond documents, notifies IT to remove related RFP/bid notice from the City's website (if applicable), enters contract into Eden once routing process is complete. (2) Liability and Claims Approves insurance and sureties, if bonds required. N (Purchasing) (3) Finance (Pg) 1N ►.I Checks compliance with Competitive Bidding & Living Wage Ordinances and reflected in current budget. (4) City Attorney 1 I 1 Q Approves contract as to form. �T U (5) City Signatory Signs document on behalf of City. (6) City Clerk Attests signatures, numbers and files contract, enters contract documents (executed contract, supporting documentation, insurance and bonds, etc.) into Laserfiche, transmits duplicate original to contractor/consultant, notifies Responsible Department Person, and notifies any "consultant" of duties to file Form 700, if applicable. Rev. 6/2017 AMENDMENT NO. I TO THE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON 01 11 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, 2016, and shall expire at midnight on June 30, 2019. IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VFA and the City of Vernon agree that Article Three, Section 15 is amended within the MOU as follows: ARTICLE THREE Section 15: Fire Staff Premium Pay At the discretion of the Fire Chief, a Fire Captain who is routinely and consistently assigned administrative work associated with the coordination and maintenance of all Fire Department apparatus and equipment or 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. These additional administrative tasks 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. SIGNATURE PAGE CITY OF VERNON /;j,4 6� "'� Carlos . Fandino, Jr. City Administrator chael A. f arl irector of Human Resources Bruce English Fire Chief APPROVED AS TO FORM: L- ), ��� ;' Hema Patel City Attorney VERNON FIREMEN'S ASSOC. 6)( Dea c ns President Todd Hewitt Vice -President APPROVED AND ADOPTED BY THE CITY COUNCIL ON 4/03/2018 RESOLUTION NO. 2018-10 ATTEST: Dated: 4 'i t Ma is Ayala, City erk STAFF REPORT REC MAR 2 8 8 CITY CLERK'S OFFICE or. VfLT 1NOJ STAFF REPORT WERD MAR 2 F 21$ CITY AONN'11011STRATION Gf 3.2�-�� HUMAN RESOURCES DEPARTMENT DATE: April 3, 2018 TO: Honorable Mayor and City Council FROM: Michael A. Earl, Director of Human Resources/ RE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AMENDMENT NO. 1 TO THE VERNON FIREMEN'S ASSOCIATION 2016-2019 MEMORANDUM OF UNDERSTANDING Recommendation A. Find that approval of the proposed Amendment No. 1 to the Vernon Firemen's Association (VFA) 2016-2019 Memorandum of Understanding is exempt from California Environmental Quality Act (CEQA) review, because it is an administrative activity that will not result in direct or indirect physical changes in the environment and therefore does not constitute a "project" as defined by CEQA Guidelines Section 15378; and B. Adopt the attached resolution approving Amendment No. 1 to the Vernon Firemen's Association 2016-2019 Memorandum of Understanding to amend the following provision: 1. Article Three, Section 15, Fire Staff Premium Pay Background The term of the current Memorandum of Understanding (MOU) between the City and the Vernon Firemen's Association (VFA) is from July 1, 2016 through June 30, 2019. Through a prior agreement between the parties, a Fire Captain represented by the VFA receives a five percent (5%) premium pay when assigned the duties and responsibilities of coordinating and maintaining all Fire Department apparatus and equipment OR coordinating the inspection, repair and replacement of all personal protective equipment (PPE) and safety gear throughout the Department. These are considered administrative assignments and can be performed by employees on either a forty -hour or fifty -six -hour workweek schedule. The California Public Employees' Retirement System (Ca1PERS) recently notified the City that the language in the previous MOU required revision in order to clearly meet the CalPERS definition of special compensation and, therefore, be reportable to Ca1PERS for retirement Page 1 of 2 benefit calculations. The City has been reporting the premium pay to Ca1PERS and making the required contributions for reporting this compensation for several years. However, in order to continue doing so, Ca1PERS is requiring the proposed amendment. Ca1PERS has reviewed and approved the proposed language as has the VFA. The City Attorney's Office has reviewed and approved the amendment as to form. Fiscal Impact There is no fiscal impact as a result of the recommended amendment. The City and employees have been making all required contributions associated with the special compensation reported to Ca1PERS. Attachment(s) 1. Resolution 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, 2016 THROUGH JUNE 30, 2019 WHEREAS, the Vernon Firemen's Association ("VFA") has been recognized as an employee organization pursuant to the City of Vernon Employer -Employee Relations Resolution (Resolution No. 4027); and WHEREAS, on July 12, 2016, the City Council of the City of Vernon adopted Resolution No. 2016-36 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, 2016 through June 30, 2019; 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 Fire Staff 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 from California Environmental Quality Act (CEQA) review, because it is an administrative activity that will not result in direct or indirect physical changes in the environment and therefore does not constitute a "project" as defined by CEQA Guidelines Section 15378. 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 of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 3rd day of April, 2018. ATTEST: Maria E. Ayala, City Clerk APPROVED A TO FORM: Zaynah Mouss Senior Deput City Attorney Name: Title: Mayor / Mayor Pro-Tem - 3 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E. Ayala, 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, April 3, 2018, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of April, 2018, at Vernon, California. (SEAL) - 4 - Maria E. Ayala, City Clerk EXHIBIT A AMENDMENT NO. I TO THE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON /:l'l I VERNON FIREMEN'S ASSOCIATION Parties to the Memorandum of Understanding Pursuant to Chapter 10 (section 3500 et seq) of Division 4, Title I 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, 2016, and shall expire at midnight on June 30, 2019. IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VFA and the City of Vernon agree that Article Three, Section 15 is amended within the MOU as follows: ARTICLE THREE Section 15:Equipment and Personal Proteetive Ea n` (PPE),Fire Staff Premium Pay At the discretion of the Fire Chief, a Fire Captain who is routinely and consistently assigned administrative work associated with the additienal du-t� coordinatione and4he maintenance of all Fire Department apparatus and equipment and —or 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. Theseis additional administrative tasks 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. CITY OF VERNON Carlos R. Fandino, Jr. City Administrator Michael A. Earl Director of Human Resources Bruce English 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