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Resolution No. 2020-017 RESOLUTION NO. 2020-17 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 FIRE MANAGEMENT ASSOCIATION SECTION 1. Recitals. A. 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). B. On July 12. 2016. the City Council of the City of Vernon adopted Resolution No. 2016-37 approving a Memorandum of Understanding (MOU). as amended on October 24, 2017, by Resolution No. 2017-55, 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 , 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 VFMA 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. 2019-42 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 VFMA 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 Fire Management Association, in substantially the same form as attached hereto as Exhibit A. Resolution No. 2020-17 Page 2 of 2 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 Agreement to Todd Painton, President of the Vernon Fire Management 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 day of June. 2020. LETICIA LOPEZ, Mayor ATTEST: 4-f LISA POPE, City Cler (seal) APPROVED AS TO FORM: ARNOLD M. ALVAREZ-GLASOAN, Interim City Attorney I CERTIFY THAT THE FOREGOING RESOLUTION NO. 2020-17 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:Yirn- LISA 0 POPE, City Clerk (seal) Resolution No.2020-17 Page 3 of 5 AMENDMENT NO. 1 TO SIDE LETTER OF AGREEMENT City of Vernon and Vernon Fire Management Association This Amendment to the Side Letter of Agreement (Agreement) is entered by and between the City of Vernon (City) and the Vernon Fire Management Association (VFMA) with respect to the following: WHEREAS, VFMA is the recognized employee organization for employees employed by the City's Fire Department in the classifications of Assistant Fire Chief, Fire Battalion Chief. Administrative Fire Battalion Chief. and Fire Marshal: and 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 VFMA 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 2019-42 (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 VFMA 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 11, 2020, the City and VFMA 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 VFMA 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 Letter and the MOU. the provisions of this Agreement shall be 005868.00001 24778940.1 Resolution No.2020-17 Page 4 of 5 Amendment No. 1 to Letter of Agreement Vernon Fire Management Association Page 2 of 3 null and void and the parties shall reconvene negotiations for a successor MOU. Any VFMA represented employee who chooses to retire prior to the commencement date of service by the District shall be entitled to the payoffs and other benefits to which they are entitled under the July 1, 2016 through June 30. 2019 MOU, except as specifically amended by the Side Letter. 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%. Classification and Compensation Plan - Effective May 10, 2020 Assistant Fire Chief E FM 42 Monthly Step 1 14.883 Step 2 15.627 Step 3 16,408 Step 4 17.229 Step 5 18,090 Fire Battalion Chief(P) NE FM 38 Monthly Step 1 12.244 Step 2 12.856 Step 3 13,499 Step 4 14.174 Step 5 14,883 Fire Battalion Chief (A) NE FMA 38 Monthly Step 1 12,244 Step 2 12.856 Step 3 13,499 Step 4 14,174 Step 5 14,883 Fire Marshal NE FM 38 Monthly Step 1 12,244 Step 2 12,856 Step 3 13,499 Step 4 14.174 Resolution No.2020-17 Page 5 of 5 Amendment No. 1 to Letter of Agreement Vernon Fire Management Association Page 3 of 3 Step 5 14,883 3. Uniform Allowance: Article Six. Uniform Allowances. 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 one thousand one hundred and twenty-five Dollars (S1 .125.00) 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 CalPERS as compensation earnable. 4. 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. 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 FIRE MANAGEMENT ASSOCIATION Todd Painton. President Date APPROVED AND ADOPTED BY CITY COUNCIL ON PER RESOLUTION NO. FULLY EXECUTED SIGNATURE ROUTING FORM CONTRACTOR: Vernon Fire Management Association 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 $ 9,028.00 o Contract is an Amendment to Eden Contract No. (if applicable) RESPONSIBLE DEPARTMENT PERSON: Michael Earl PHONE: ext. 239 AUTHORIZATION: 6'Approved by Council on 06/02/2020 (Check one and attach Resolution No. 2020-17 (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 �;'' Certifies compliance with Competitive Bidding and Purchasing Ordinance, L; 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. (3)Finance(Purchasing) j Checks compliance with Competitive Bidding&Living Wage Ordinances r l2 I2� and reflected in current budget. (4)City Attorney / Approves contract as to form. �� 71 �t�'� (5)City Signatory ate j�Q 9 Z� Signs document on behalf of City. (6)City Clerk 9 4.)- 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 0 r� /grutin, sV_ OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue,Vernon,California 90058 Telephone(323)583-8811 August 3,2020 Vernon Fire Management Association Attn: Todd Painton, President 4305 Santa Fe Avenue Vernon, CA 90058 Re: Vernon Fire Management Association—Side Letter Agreement — Amendment No. 1 Dear Mr. Painton: Please find enclosed a fully executed original Amendment approved by City Council on June 2, 2020, through Resolution No. 2020-17. If you have any questions regarding this matter,please call Michael Earl, at(323) 583-8811 ext. 239. Very t y yours, borah R. Juarez Records Management Assistant Enclosure c: Michael Earl Jim Enriquez Carlos Fandino Joaquin Leon Resolution No. 2020-17 Agreement No. 20-064 Etcfusively Industrial AMENDMENT NO. 1 TO SIDE LETTER OF AGREEMENT City of Vernon and Vernon Fire Management Association This Amendment to the Side Letter of Agreement (Agreement) is entered by and between the City of Vernon (City) and the Vernon Fire Management Association (VFMA) with respect to the following: WHEREAS, VFMA is the recognized employee organization for employees employed by the City's Fire Department in the classifications of Assistant Fire Chief. Fire Battalion Chief, Administrative Fire Battalion Chief. and Fire Marshal: and 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 VFMA 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 2019-42 (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 VFMA 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 11. 2020. the City and VFMA 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 VFMA 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 Letter and the MOU. the provisions of this Agreement shall be 005868 00001 24778940.1 Amendment No. 1 to Letter of Agreement Vernon Fire Management Association Page 2 of 3 null and void and the parties shall reconvene negotiations for a successor MOU. Any VFMA represented employee who chooses to retire prior to the commencement date of service by the District shall be entitled to the payoffs and other benefits to which they are entitled under the July 1, 2016 through June 30, 2019 MOU. except as specifically amended by the Side Letter. 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%. Classification and Compensation Plan - Effective May 10. 2020 Assistant Fire Chief E FM 42 Monthly Step 1 14.883 Step 2 15.627 Step 3 16,408 Step 4 17.229 Step 5 18.090 Fire Battalion Chief(P) NE FM 38 Monthly Step 1 12,244 Step 2 12.856 Step 3 13.499 Step 4 14,174 Step 5 14.883 Fire Battalion Chief (A) NE FMA 38 Monthly Step 1 12.244 Step 2 12,856 Step 3 13.499 Step 4 14.174 Step 5 14,883 Fire Marshal NE FM 38 Monthly Step 1 12,244 Step 2 12,856 Step 3 13.499 Step 4 14.174 Amendment No. 1 to Letter of Agreement Vernon Fire Management Association Page 3 of 3 Step 5 14.883 3. Uniform Allowance: Article Six. Uniform Allowances, 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 one thousand one hundred and twenty-five Dollars ($1,125.00) 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 CalPERS as compensation earnable. 4. 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. FOR THE OF VERNON . ie A/ 5-713—.?-0 C os R. Fandino, Jr., Cit ministrator Date ATTEST: APPROVED AS TO FORM: Y(' rk (116rit'A- ‘. ..7/(e--------- Lisa Pope, City Clerk 1K (seal) SeninKrepatsaCtiAttmay Arnold M. Alvarez-Glasman, Interim City Attorney VERI%ONnFIR MANAGEMENT ASSOCIATION a/ 41, Todd Painton, President Date APPROVED AND ADOPTED BY CITY COUNCIL ON SU 11 2 , 202 0 PER RESOLUTION NO. 2 020- I -7 STAFF REPORT City Council Agenda Item Report Agenda Item No. COV-199-2020 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 Fire Management Association Recommendation: Adopt Resolution No. 2020-17 approving Amendment No. 1 to the Side Letter of Agreement by and between the City of Vernon and the Vernon Fire Management Association. Background: The operative memorandum of understanding (MOU) and the existing Side Letter of Agreement between the City of Vernon and the Vernon Fire Management Association. 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 VFMA for an extension to the Side Letter. On May 11, 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 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: and • All other terms of the prior MOU and Side Letter of Agreement would remain in effect. Fiscal Impact: The cost of implementing the provisions contained within this Amendment to Side Letter of Agreement will be approximately S9.028 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 FY 2020/2021 budget. Attachments: 1. Resolution No. 2020-17 VFMA 2. VFMA MOU 3. VFMA Side Letter