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Resolution No. 2020-016 RESOLUTION NO. 2020-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO THE SIDE LETTER OF AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND THE VERNON PROFESSIONAL FIREFIGHTER'S ASSOCIATION, LOCAL 2312 SECTION 1. Recitals. A. The Vernon Professional Firefighters Association (VPFA) Local 2312, formerly titled the Vernon Firemen's Association. has been recognized as an employee organization pursuant to the City of Vernon Employer-Employee Relations Resolution (Resolution No. 4027). B. On July 12. 2016. the City Council of the City of Vernon adopted Resolution No. 2016-36 approving a Memorandum of Understanding (MOU), as amended on April 3, 2018, by Resolution No. 2018-10, setting forth certain terms and conditions for employment of City of Vernon employees in classifications represented by the VPFA, for the period of July 1 . 2016 through June 30. 2019. C. Following the August 6, 2019, decision by the City Council of the City of Vernon to contract with the Fire Protection District of Los Angeles County (District) for firefighting services. the City and the VPFA began negotiating the impacts and effects of the City's decision to contract firefighting services and transition thereto. D. On October 1. 2019. the City Council of the City of Vernon adopted Resolution No. 2019-41 approving a Side Letter of Agreement (Side Letter) setting forth certain terms and conditions for represented employees related to the City's transition of firefighting services. E. It has been determined that the transition of the City's firefighting and related services to the District will not occur prior to the August 1 . 2020 expiration of the Side Letter, and pursuant to City Council direction. negotiations began with the VPFA for an extension to the Side Letter. NOW. THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 3. The City Council of the City of Vernon hereby approves and authorizes the execution of Amendment No. 1 to the Side Letter of Agreement (Agreement) between the City of Vernon and the Vernon Professional Firefighters Association, in substantially the same form as attached hereto as Exhibit A. Resolution No. 2020-16 Page 2 of 6 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 non-substantive changes to the Amendment attached herein. SECTION 5. The City Council of the City of Vernon hereby directs the City Clerk to send a fully executed Agreement to Dean Richens, President of the Vernon Professional Firefighters Association. SECTION 6. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED this 2nd d e, 2020. LETICIA LOPEZ, Mayor ATTEST: Pe?tc LISA POPE, City Clerk (seal) APPROVED AS TO FORM: ARNOLD M. ALVA'REZ-GLAMAN, Interim City Attorney I CERTIFY THAT THE FOREGOING RESOLUTION NO. 2020-16 was passed and adopted by the City Council of the City of Vernon at the regular meeting on June 2, 2020 by the following vote: AYES: 5 Council Members: Davis, Gonzales, Menke, Ybarra, Lopez NOES: 0 ABSENT: 0 ABSTAIN: 0 LISA POPE, City I'erk (seal) I \H I R E ! A Resolution No.2020-16 Page 3 of 6 AMENDMENT NO. 1 TO SIDE LETTER OF AGREEMENT City of Vernon and Vernon Professional Firefighters' Association, Local 2312 This Amendment to the Side Letter of Agreement (Agreement) is entered by and between the City of Vernon (City) and the Vernon Professional Firefighters' Association. Local 2312 (VPFA) with respect to the following: WHEREAS, VPFA is the recognized employee organization for employees employed by the City's Fire Department in the classifications of Firefighter. Firefighter/Paramedic. Firefighter/Paramedic Coordinator, Fire Engineer and Fire Captain. WHEREAS. the City Council of the City of Vernon approved a contract for firefighting and fire related services with the Consolidated Fire District of the County of Los Angeles ('District") on August 6. 2019: and WHEREAS, the City and VPFA entered into a Side Letter of Agreement with respect to the rights and entitlement of its members should the City transition its firefighting and related services to the District which was approved by the City Council of the City of Vernon on October 1. 2019 through the adoption of City Council Resolution No. 2019-41 (Side Letter): and WHEREAS, it has been determined that the transition of City firefighting and fire related services to the District will not occur prior to the August 1. 2020 expiration of the Side Letter of Agreement; and WHEREAS, it is in the interest of both the City and VPFA to extend the terms of the parties' operative Memorandum of Understanding (''MOU") and Side Letter of Agreement, except as amended below; and WHEREAS, on May 7. 2020. the City and VPFA reached a tentative agreement as to the terms and conditions of an extension and Amendment to the MOU and Side Letter of Agreement. NOW THEREFORE, the City and VPFA agree to amend the MOU and Side Letter as follows: 1. Term of Agreement and MOU: The term of the MOU and Side Letter shall be extended until the earlier of either (1) the commencement date of service by the District, in which case no further MOU will be necessary; or (2) until such time as it is reasonably determined that contracting for firefighting service with LA County will not proceed, in which case the provisions of the Side Letter shall be null and void and the parties shall reconvene negotiations for a successor MOU; or (3) March 31, 2021. in which case the parties shall either mutually agree to further extend the Side Letter and the MOU or. if no such agreement is reached to extend the Side Resolution No.2020-16 Page 4 of 6 Letter and the MOU. the provisions of this Agreement shall be null and void and the parties shall reconvene negotiations for a successor MOU. 2. Salaries: Article Three, of the MOU is amended to read as follows: Section 1: Salaries Effective May 10. 2020. the base salary schedule will be increased by an additional 3%. Section 2: Fire Captain Effective May 10. 2020. the base monthly salary of a Fire Captain shall be: Grade 31 Step 1 $8.702.00 Step 2 $9,137.00 Step 3 $9,594.00 Step 4 $10,073.00 Step 5 $10,577.00 Section 3: Fire Engineer Effective May 10. 2020. the base monthly salary of a Fire Engineer shall be: Grade 28 Step 1 $7.517.00 Step 2 $7,893.00 Step 3 $8.287.00 Step 4 $8,702.00 Step 5 $9.137.00 Section 4: Firefighter/Paramedic Coordinator Effective May 10, 2020, the base monthly salary of a Firefighter/Paramedic Coordinator shall be: Grade 29 Step 1 S7.893.00 Step 2 $8,287.00 Step 3 $8.702.00 Step 4 $9,137.00 Step 5 $9.594.00 Resolution No 2020-16 Page 5 of 6 Section 5: Firefighter/Paramedic Effective May 10, 2020, the base monthly salary of a Firefighter/Paramedic shall be: Grade 28 Step 1 $7,517.00 Step 2 $7.893.00 Step 3 $8,287.00 Step 4 $8.702.00 Step 5 $9.137.00 Section 6: Firefighter Effective May 10. 2020, the base monthly salary of a Firefighter shall be: Grade 25 Step 1 $6.493.00 Step 2 $6,818.00 Step 3 $7.159.00 Step 4 $7,517.00 Step 5 $7,893.00 3. Uniform Allowance: Article Six, Uniform Allowances and Bulletin Boards. of the MOU is amended to read as follows: Section 1: Uniform Allowance On the first pay check in August each year, each unit employee shall be paid the sum of eight hundred and fifty Dollars ($850.00) for the purchase of uniforms. A unit employee hired by the City shall receive an initial issue of uniforms. Uniform allowance is special compensation that shall be deemed earned when paid and shall be reported to CaIPERS as compensation earnable. 4. VPFA shall promptly withdraw PERB Unfair Practice Charge No. LA-CE-1423- M, in no event later than ten (10) days after City Council approval of this Agreement. If VPFA fails to withdraw PERB Unfair Practice Charge No. LA-CE- 1423-M within the identified timeframe, this Agreement shall be automatically revoked and have no force or effect. 5. Except as otherwise expressly modified by this Agreement. all terms. conditions and provisions of the MOU and Side Letter shall continue in full force and effect. and remain unchanged. [Signatures next page] Resolution No 2020-16 Page 6 of 6 FOR THE CITY OF VERNON Carlos R. Fandino. Jr.. City Administrator Date ATTEST: APPROVED AS TO FORM: Lisa Pope. City Clerk Zaynah Moussa. (seal) Senior Deputy City Attorney VERNON PROFESSIONAL FIREFIGHTERS' ASSOCIATION Dean Richens. President Date APPROVED AND ADOPTED BY CITY COUNCIL ON PER RESOLUTION NO. TRANSMITTAL COMMUNICATION �'r �► OI �f f. it no OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue,Vernon,California 90058 Telephone(323)583-8811 August 3, 2020 Vernon Professional Firefighters Association Attn: Dean Richens, President 4305 Santa Fe Avenue Vernon,CA 90058 Re: Vernon Professional Firefighters Association—Amendment No. 1 Side Letter of Agreement Dear Mr. Richens: Please find enclosed an original fully executed Side Letter Agreement approved by City Council on June 2, 2020, through Resolution No. 2020-16. If you have any questions regarding this matter,please call Michael Earl, at(323) 583-8811 ext. 239. Very truly yours, /' / / . i (2 De orah R. Juar Records Management Assistant Enclosure c: Michael Earl Jim Enriquez Carlos Fandino Scott Williams Resolution No. 2020-16 Agreement No. 20-063 Exclusively Industrial FULLY EXECUTED SIGNATURE ROUTING FORM CONTRACTOR: Vernon Professional Firefighters Association Local 2312 CONTRACT PURPOSE: Amendment No. 1 Side Letter of Agreement CONTRACT IS: 0 FEDERAL 0 PREVAILING WAGE 0 COMPETITIVE SELECTION &NOTICED RFP O COMPETITIVE BID&NOTICED INVITATION TO BID O EXEMPT FROM COMPETITIVE PROCESS(APPROVAL ATTACHED) O SERVICES ❑ MATERIALS .BUDGETED 0 NOT BUDGETED TOTAL CONTRACT VALUE: $ Charge Acct. No(s) Amendment Value$ 686,764.00 o Contract is an Amendment to Eden Contract No. (if applicable) RESPONSIBLE DEPARTMENT PERSON: Michael Earl PHONE: ext. 239 AUTHORIZATION: ('Approved by Council on 06/02/2020 (Check one and attach Resolution No. 2020-16 (if applicable) supporting documentation) O Approved by City Administrator on O Approved by Finance Director on ROUTING SEQUENCE: (Please Follow In Order) Initials Date (1)Responsible Department Person / )16 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 j (11(,�M 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. (5)City Signatory Signs document on behalf of City. C 'A-Zs11Q (6)City Clerk k Q 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. 1 TO SIDE LETTER OF AGREEMENT City of Vernon and Vernon Professional Firefighters' Association, Local 2312 This Amendment to the Side Letter of Agreement (Agreement) is entered by and between the City of Vernon (City) and the Vernon Professional Firefighters' Association, Local 2312 (VPFA) with respect to the following: WHEREAS, VPFA is the recognized employee organization for employees employed by the City's Fire Department in the classifications of Firefighter. Firefighter/Paramedic. Firefighter/Paramedic Coordinator. Fire Engineer and Fire Captain. WHEREAS, the City Council of the City of Vernon approved a contract for firefighting and fire related services with the Consolidated Fire District of the County of Los Angeles (-District") on August 6. 2019: and WHEREAS, the City and VPFA entered into a Side Letter of Agreement with respect to the rights and entitlement of its members should the City transition its firefighting and related services to the District which was approved by the City Council of the City of Vernon on October 1. 2019 through the adoption of City Council Resolution No. 2019-41 (Side Letter): and WHEREAS, it has been determined that the transition of City firefighting and fire related services to the District will not occur prior to the August 1. 2020 expiration of the Side Letter of Agreement: and WHEREAS, it is in the interest of both the City and VPFA to extend the terms of the parties' operative Memorandum of Understanding ("MOU") and Side Letter of Agreement. except as amended below: and WHEREAS, on May 7. 2020. the City and VPFA reached a tentative agreement as to the terms and conditions of an extension and Amendment to the MOU and Side Letter of Agreement. NOW THEREFORE, the City and VPFA agree to amend the MOU and Side Letter as follows: 1. Term of Agreement and MOU: The term of the MOU and Side Letter shall be extended until the earlier of either (1) the commencement date of service by the District. in which case no further MOU will be necessary: or (2) until such time as it is reasonably determined that contracting for firefighting service with LA County will not proceed. in which case the provisions of the Side Letter shall be null and void and the parties shall reconvene negotiations for a successor MOU: or (3) March 31. 2021. in which case the parties shall either mutually agree to further extend the Side Letter and the MOU or. if no such agreement is reached to extend the Side Amendment No. 1 to Letter of Agreement Vernon Professional Firefighter's Association Page 2 of 4 Letter and the MOU. the provisions of this Agreement shall be null and void and the parties shall reconvene negotiations for a successor MOU. 2. Salaries: Article Three. of the MOU is amended to read as follows: Section 1: Salaries Effective May 10. 2020. the base salary schedule will be increased by an additional 3%. Section 2: Fire Captain Effective May 10. 2020. the base monthly salary of a Fire Captain shall be: Grade 31 Step 1 $8,702.00 Step 2 $9.137.00 Step 3 $9,594.00 Step 4 $10,073.00 Step 5 $10,577.00 Section 3: Fire Engineer Effective May 10. 2020. the base monthly salary of a Fire Engineer shall be: Grade 28 Step 1 $7.517.00 Step 2 $7.893.00 Step 3 $8.287.00 Step 4 $8.702.00 Step 5 $9.137.00 Section 4: Firefighter/Paramedic Coordinator Effective May 10, 2020. the base monthly salary of a Firefighter/Paramedic Coordinator shall be: Grade 29 Step 1 $7,893.00 Step 2 $8,287.00 Step 3 $8.702.00 Step 4 $9,137.00 Step 5 $9.594.00 Amendment No. 1 to Letter of Agreement Vernon Professional Firefighters Association Page 3 of 4 Section 5: Firefighter/Paramedic Effective May 10. 2020. the base monthly salary of a Firefighter/Paramedic shall be: Grade 28 Step 1 $7,517.00 Step 2 $7.893.00 Step 3 $8,287.00 Step 4 $8,702.00 Step 5 $9,137.00 Section 6: Firefighter Effective May 10, 2020, the base monthly salary of a Firefighter shall be: Grade 25 Step 1 $6,493.00 Step 2 $6.818.00 Step 3 $7,159.00 Step 4 $7,517.00 Step 5 $7.893.00 3. Uniform Allowance: Article Six. Uniform Allowances and Bulletin Boards. of the MOU is amended to read as follows: Section 1: Uniform Allowance On the first pay check in August each year. each unit employee shall be paid the sum of eight hundred and fifty Dollars ($850.00) for the purchase of uniforms. A unit employee hired by the City shall receive an initial issue of uniforms. Uniform allowance is special compensation that shall be deemed earned when paid and shall be reported to CaIPERS as compensation earnable. 4. VPFA shall promptly withdraw PERB Unfair Practice Charge No. LA-CE-1423- M. in no event later than ten (10) days after City Council approval of this Agreement. If VPFA fails to withdraw PERB Unfair Practice Charge No. LA-CE- 1423-M within the identified timeframe. this Agreement shall be automatically revoked and have no force or effect. 5. Except as otherwise expressly modified by this Agreement. all terms. conditions and provisions of the MOU and Side Letter shall continue in full force and effect. and remain unchanged. [Signatures next page] Amendment No. 1 to Letter of Agreement Vernon Professional Firefighter's Association Page 4 of 4 FOR THE CITY OF VERNON deetagant/A40 - -- - —?.oZo Zg' Carlos R. Fandino. Jr., City • •'G inistrator Date ATTEST: APPROVED AS TO FORM: PL (1, Lisa Pope, City Clerk (seal) SettidiXEKVOty43:=X109( Arnold M. Alvarez-Glasman, Interim City Attorney VERNON PROFESSIONAL FIREFIGHTERS' ASSOCIATION - /3 Zo2O Dea Richens, President Date APPROVED AND ADOPTED BY CITY COUNCIL ON _SUYI-e. 2 202-0 PER RESOLUTION NO. 2 020 - I lv STAFF REPORT City Council Agenda Item Report Agenda Item No. COV-197-2020 Submitted by: Michael Earl Submitting Department: Human Resources Meeting Date: June 2, 2020 SUBJECT Amendment No. 1 to the Side Letter of Agreement with the Vernon Professional Firefighters Association, Local 2312 Recommendation: Adopt Resolution No. 2020-16 approving Amendment No. 1 to the Side Letter of Agreement by and between the City of Vernon and the Vernon Professional Firefighters Association, Local 2312. Background: The operative memorandum of understanding (MOU) and the existing Side Letter of Agreement between the City of Vernon and the Vernon Professional Firefighters Association (VPFA), Local 2312, will expire August 1, 2020. As it has been determined that the transition of the City's firefighting and fire related services to the Consolidated Fire Protection District of Los Angeles County will not occur prior to the August 1, 2020 expiration of the Side Letter of Agreement, pursuant to City Council direction, negotiations began with the VPFA for an extension to the Side Letter. On May 7, 2020, the parties reached a tentative agreement as to the terms and conditions of an extension and Amendment to the MOU and Side Letter that reflects the following key provisions: • Extending the terms of the operative MOU and existing Side Letter until the commencement of services by Los Angeles County, or through March 31, 2021 , or until such time as a determination is made that the transition of service to Los Angeles County will not proceed; • Effective May 10, 2020, the base salaries of the represented classifications will be increased three percent (3%); • Annual Uniform Allowance will be increased by$125; • VPFA shall, within ten (10) days after City Council approval, withdraw their Unfair Labor Practice Charge filed with the California Public Employment Relations Board (PERB Unfair Practice Charge No. LA-CE-1423-M); and • All other terms of the prior MOU approved by Resolution No. 2018-10 (Attachment 3) and Side Letter of Agreement approved by Resolution No. 2019-41 (Attachment 4) would remain. Fiscal Impact: The cost of implementing the provisions contained within this Amendment will be approximately $686,764 should the transition of fire services to Los Angeles County not occur until March 2021 . The estimated cost will be reduced if the transition of services occurs sooner. Funds have been included in the proposed FY2020/2021 budget in Salaries and Benefits accounts of the Fire Department. Attachments: 1. Resolution No. 2020-16 VPFA 2. VPFA MOU 3. VPFA Side Letter