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Resolution No. 2018-043RESOLUTION NO. 2018-43 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 TEAMSTERS LOCAL 911 FOR THE PERIOD OF JULY 1, 2016 THROUGH JUNE 30, 2019 WHEREAS, the Teamsters Local 911 ("Teamsters") has been recognized as an employee organization pursuant to Resolution No. 4027; and WHEREAS, on July 12, 2016, the City Council of the City of Vernon adopted Resolution No. 2016-40 approving a Memorandum of Understanding ("MOU") setting forth certain terms and conditions for employment of City of Vernon employees in classifications represented by Teamsters, for the period of July 1, 2016 through June 30, 2019; and WHEREAS, representative members of Teamsters and the City have agreed to execute an Amendment No. 1 to the MOU (the "Amendment") relating to the Gas Line Training Program; 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 Teamsters Local 911, 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 MOU to Raymond B. Whitmer, Secretary -Treasurer of Teamsters Local 911. - 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 6th Aay of NovemberA 2018. Name: Yvette Woodruff -Perez ATTEST' : Mari E. Aya , City Clerk APPROVED AS TO FORM: a7D�-- Zay " oussa, Senior Deputy City Attorney Title: Mayor - 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. 2018-43, 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, November 6, 2018, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this V:�f day of November, 2018, at Vernon, California. (SEAL) - 4 - Mar a E. Ayala, City Clerk EXHIBIT A AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND TEAMSTERS LOCAL 911 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 California Teamsters Public, Professional, and Medical Employees, Local 911 (hereinafter "Union") and except as otherwise specifically provided herein shall apply only to employees who occupy the classifications listed in Addendum A of the Memorandum of Understanding. This Amendment to the MOU constitutes a joint agreement by the Municipal Employee Relations Representative ("MERR") and the Union, 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 Union 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, 2018, and shall expire at midnight on June 30, 2019. IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the Union and the City of Vernon agree that Article Four, is amended «ithin the MOU to add Section 9: Gas Line Training Program, as follows: ARTICLE FOUR - COMPENSATION Section 9: Gas Line Training Program The Gas Line Training Program has been established to provide a professional development opportunity to individuals who occupy certain classifications within the Water Division of the Public Utilities Department and the Street Maintenance Division of the Public Works Department. Employees who occupy the following classifications are eligible to participate: Water Maintenance Worker Water Maintenance Worker, Senior Street Maintenance Worker Street Maintenance Workers, Senior Participation in the Gas Line Training Program is voluntary and participation in the program does not guarantee future promotion or reclassification. Program specifications are established by the Public Utilities Department. Upon successful completion of the training program, employees shall be scheduled to perform gas line repair work as needed by the Public Utilities Department and as approved by the employee's immediate supervisor. Employees participating in the Gas Line Training Program shall receive five percent (5%) of the employee's base pay as additional compensation for those hours actually spent in training. Upon completion of the training program, employees assigned to perform gas line repair work shall receive ten percent (10%) of the employee's base pay as additional compensation for only those hours actually performing gas line repair work. CITY OF VERNON Carlos R. Fandino, Jr. City Administrator Michael A. Earl Director of Human Resources APPROVED AS TO FORM: Zaynah Moussa Senior Deputy City Attorney SIGNATURE PAGE TEAMSTERS LOCAL 911 Carlos Rubio Business Representative Cerissa Diaz Committee Member Christina Rivera Committee Member APPROVED AND ADOPTED BY THE CITY COUNCIL ON PER RESOLUTION NO. -- ATTEST: Dated: Maria Ayala, City Clerk FULLY EXECUTED AGREEMENT SIGNATURE ROUTING FORM CONTRACTOR: Teamsters Local 911 CONTRACT PURPOSE: Amendment No. I to the Memorandum of Understanding CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE ❑ COMPETITIVE SELECTION & NOTICED RFP ❑ COMPETITIVE BID & NOTICED INVITATION TO BID ❑ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) ❑ SERVICES ❑ MATERIALS VIBUDGETED ❑ 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: ❑ Approved by Council on 11/06/2018 (Check one and attach Resolution No. 2018-43 (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. 1 (3) Finance (Purchasing) Checks compliance with Competitive Bidding & Living Wage Ordinances 1 I and reflected in current budget. (4) City Attorney Approves contract as to form. (5) City Signatory —C/ l it D Signs document on behalf of City. (6) City Clerk �122aollo 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 TRANSMITTAL COMMUNICATION .all of Ver-- .� 11 rt OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 December 20, 2018 Teamsters Local 911 Attn: Raymond Whitmer Secretary -Treasurer 9900 Flower Street Bellflower, CA 90706 Re: Memorandum of Understanding — Amendment No. 1 July 1, 2016 — June 30, 2019 Dear Mr. Whitmer: Please find enclosed an original fully executed Memorandum of Understanding approved by City Council on November 6, 2018, through Resolution No. 2018-43. If you have any questions regarding this matter, please call Michael Earl, at (323) 583-8811 ext. 239. Very truly yours, i De orah R. Juarez Records Management Assistant Enclosure c: Michael Earl Carlos Fandino William Fox Resolution No. 2018-43 Agreement No. 18-138 EXclusively Industrial AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND TEAMSTERS LOCAL 911 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 California Teamsters Public, Professional, and Medical Employees, Local 911 (hereinafter "Union") and except as otherwise specifically provided herein shall apply only to employees who occupy the classifications listed in Addendum A of the Memorandum of Understanding. This Amendment to the MOU constitutes a joint agreement by the Municipal Employee Relations Representative ("MERR") and the Union, 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 Union 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, 2018, and shall expire at midnight on June 30, 2019. IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the Union and the City of Vernon agree that Article Four, is amended within the MOU to add Section 9: Gas Line Training Program, as follows: ARTICLE FOUR - COMPENSATION Section 9: Gas Line Training Proaram The Gas Line Training Program has been established to provide a professional development opportunity to individuals who occupy certain classifications within the Water Division of the Public Utilities Department and the Street Maintenance Division of the Public Works Department. Employees who occupy the following classifications are eligible to participate: Water Maintenance Worker Water Maintenance Worker, Senior Street Maintenance Worker Street Maintenance Workers. Senior Participation in the Gas Line Training Program is voluntary and participation in the program does not guarantee future promotion or reclassification. Program specifications are established by the Public Utilities Department. Upon successful completion of the training program, employees shall be scheduled to perform gas line repair work as needed by the Public Utilities Department and as approved by the employee's immediate supervisor. Employees participating in the Gas Line Training Program shall receive five percent (5%) of the employee's base pay as additional compensation for those hours actually spent in training. Upon completion of the training program, employees assigned to perform gas line repair work shall receive ten percent (10%) of the employee's base pay as additional compensation for only those hours actually performing gas line repair work. CITY OF VERNON 1w Carl . Fandino, Jr. City Administrator Mic el A. Earl Director of Human Resources APPROVED AS TO FORM: Zayn�Vt) ussa Seniuty CityAttorney SIGNATURE PAGE TEAMSTERS LOCAL 911 Carlos Rubio Business Representative Cerissa Diaz Committee Mem Christina Rivera Committee Member APPROVED AND ADOPTED BY THE CITY COUNCIL ON NOVOSER 6, 2018, PER RESOLUTION NO. 2018-43 ATTEST: Dated: Maria yala, City Cler STAFF REPORT City Council Agenda Item Report Agenda ItemNo. COV-378-2018 Submitted by: Michael Earl Submitting Department: Human Resources Meeting Date: November 6, 2018 SUBJECT A Resolution of the City Council of the City of Vernon Approving Amendment No. 1 to the Teamsters Local 9112016 - 2019 Memorandum of Understanding Recommendation: A. Find that approval of the proposed Amendment No. 1 to the Teamsters Local 9112016 - 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 Teamsters Local 9112016 - 2019 Memorandum of Understanding adding the following provision: ARTICLE FOUR - COMPENSATION Section 9: Gas Line Training Program Backgroud: Earlier this year, the Public Utilities Department developed a training program that would provide Teamsters represented employees (those in Streets and Water Divisions) an opportunity to be trained in repair and maintenance of the City's gas lines. This work has historically been done by contracted services at a much higher cost when it could not be performed by the three existing gas division employees. The program developed would provide a 5% premium pay for employees who volunteered for the program while they were being trained. Once trained, employees would then receive a 10% premium pay for those hours worked performing gas line repair and maintenance. City staff met with the employee bargaining groups representing the affected classifications to discuss the proposed program Both Teamsters, Local 911 and IBEW are in agreement with the program Following a review of the existing Teamsters MOU language, it was proposed to amend the existing MOU to clarify the provisions under which employees participating in this program would receive 5 % and 10% premium pay. The proposed amendment has been reviewed and approved as to form by the City Attorneys Office and has been approved by the Teamsters. FIs cal Impact: It is anticipated that the cost of the premium pay paid to all employees will be less than $10,000 per year. Adequate funds are available in the Vernon Public Utilities Department budget for the 2018-2019 fiscal year. ATTACHMENTS 0 1. Resolution - Amendment No. 1 to Teamsters MOU 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 TEAMSTERS LOCAL 911 FOR THE PERIOD OF JULY 1, 2016 THROUGH JUNE 30, 2019 WHEREAS, the Teamsters Local 911 ("Teamsters") has been recognized as an employee organization pursuant to Resolution No. 4027; and WHEREAS, on July 12, 2016, the City Council of the City of Vernon adopted Resolution No. 2016-40 approving a Memorandum of Understanding ("MOU") setting forth certain terms and conditions for employment of City of Vernon employees in classifications represented by Teamsters, for the period of July 1, 2016 through June 30, 2019; and WHEREAS, representative members of Teamsters and the City have agreed to execute an Amendment No. 1 to the MOU (the "Amendment") relating to the Gas Line Training Program; 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. 2 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 Teamsters Local 911, 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 MOU to Raymond B. Whitmer, Secretary -Treasurer of Teamsters Local 911. 3 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 6th day of November, 2018. ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: Zaynah Moussa, Senior Deputy City Attorney Name: Title: Mayor / Mayor Pro-Tem 4 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, November 6, 2018, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of November, 2018, at Vernon, California. (SEAL) Maria E. Ayala, City Clerk 5 4 - EXHIBIT A AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND TEAMSTERS LOCAL 911 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 California Teamsters Public, Professional, and Medical Employees, Local 911 (hereinafter "Union") and except as otherwise specifically provided herein shall apply only to employees who occupy the classifications listed in Addendum A of the Memorandum of Understanding. This Amendment to the MOU constitutes a joint agreement by the Municipal Employee Relations Representative ("MERR") and the Union, 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 Union 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, 2018, and shall expire at midnight on June 30, 2019. IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the Union and the City of Vernon agree that Article Four, is amended within the MOU to add Section 9: Gas Line Training Program, as follows: 7 ARTICLE FOUR - COMPENSATION Section 9: Gas Line Training Program The Gas Line Training Program has been established to provide a professional development opportunity to individuals who occupy certain classifications within the Water Division of the Public Utilities Department and the Street Maintenance Division of the Public Works Department. Employees who occupy the following classifications are eligible to participate: Water Maintenance Worker Water Maintenance Worker, Senior Street Maintenance Worker Street Maintenance Workers, Senior Participation in the Gas Line Training Program is voluntary and participation in the program does not guarantee future promotion or reclassification. Program specifications are established by the Public Utilities Department. Upon successful completion of the training program, employees shall be scheduled to perform gas line repair work as needed by the Public Utilities Department and as approved by the employee's immediate supervisor. Employees participating in the Gas Line Training Program shall receive five percent (5%) of the employee's base pay as additional compensation for those hours actually spent in training. Upon completion of the training program, employees assigned to perform gas line repair work shall receive ten percent (10%) of the employee's base pay as additional compensation for only those hours actually performing gas line repair work. CITY OF VERNON Carlos R. Fandino, Jr. City Administrator Michael A. Earl Director of Human Resources APPROVED AS TO FORM: Zaynah Moussa Senior Deputy City Attorney SIGNATURE PAGE TEAMSTERS LOCAL 911 Carlos Rubio Business Representative Cerissa Diaz Committee Member Christina Rivera Committee Member APPROVED AND ADOPTED BY THE CITY COUNCIL ON RESOLUTION NO. ATTEST: Dated: Maria Ayala, City Clerk PER 9