Resolution No. 2020-034 RESOLUTION NO. 2020-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
APPROVING AND AUTHORIZING THE EXECUTION OF AMENDMENT
NO. 2 TO THE MEMORANDUM OF UNDERSTANDING 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. 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.
D. On June 2, 2020, the City Council of the City of Vernon adopted Resolution No. 2020-
16 approving Amendment No. 1 to the Side Letter, which amended and extended the term
of the MOU.
E. Representative members of the VPFA and the City have agreed to execute an
Amendment No. 2 to the MOU (Amendment No. 2) relating to longevity pay.
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. 2 to the Memorandum of Understanding
between the City of Vernon and the Vernon Professional Firefighters Association, in
substantially the same form as attached hereto as Exhibit A.
Resolution No. 2020-34
Page 2of4
SECTION 4. The City Council of the City of Vernon hereby instructs the City
Administrator, or 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,
or designee, 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 13th day of October, 2020.
ETICIA LOPEZ, Mayor
ATTEST:
y& 4t.
LISA POPE, City Clbrk
(seal)
APP OVED AS T OR .
rit
ARN LD M. ALVA Z-GLASMAN,
Interim City Attorney
I CERTIFY THAT THE FOREGOING RESOLUTION NO. 2020-34 was passed and
adopted by the City Council of the City of Vernon at the regular meeting on October 13.
2020 by the following vote:
AYES: 5 Council Members: Davis. Gonzales. Menke. Ybarra. Lopez
NOES: 0
ABSENT: 0
ABSTAIN: 0
y( nt
('
LISA POPE. City Cl rk
(seal)
Resolution No.2020-34
Page 3 of 4
AMENDMENT NO. 2 TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON PROFESSIONAL FIREFIGHTERS' 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 Professional Firefighters' Association (hereinafter "VPFA") 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 VPFA,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 VPFA 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 effective October 13,
2020.
IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VPFA
and the City of Vernon agree that Article Four is amended within the MOU to add the following:
Resolution No.2020-34
Page 4 of 4
ARTICLE FOUR: LONGEVITY
Section 3: Employees Hired After June 30, 1994 and on or Before December 31, 1999
Notwithstanding Sections 1 and 2 above, effective July 6, 2008, the City established an
additional 5% longevity program tier. Employees hired after June 30, 1994 and before
December 31, 1999, shall be entitled to receive an additional 5% above base pay(for a total
Longevity pay not to exceed 10%) for attaining ten years of service.
CITY OF VERNON VERNON PROFESSIONAL
FIREFIGHTERS' ASSOC.
Carlos R. Fandino, Jr. Dean Richens
City Administrator President
Michael A. Earl Todd Hewitt
Director of Human Resources Vice-President
ATTEST:
Dated:
Lisa Pope, City Clerk
APPROVED AS TO FORM:
Arnold Alvarez-Glasman
Interim City Attorney
APPROVED AND ADOPTED BY THE CITY COUNCIL ON , PER
RESOLUTION NO.
FULLY EXECUTED
4 0190 —/6/
SIGNATURE ROUTING FORM
CONTRACTOR: Vernon Professional Firefighters' Association
CONTRACT PURPOSE: Amendment No. 2 to the Memorandum of Understanding between the City of Vernon and
Vernon Professional Firefighters'Association
CONTRACT IS: ❑ FEDERAL 0 PREVAILING WAGE 0 COMPETITIVE SELECTION &NOTICED RFP
❑ COMPETITIVE BID& NOTICED INVITATION TO BID
❑ EXEMPT FROM COMPETITIVE PROCESS(APPROVAL ATTACHED)
❑ SERVICES 0 MATERIALS 0 BUDGETED 0 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 A. Earl PHONE: ext.239
AUTHORIZATION: CSk Approved by Council on 1O-13-202o
(Check one and attach Resolution No.2o2o-39(if applicable)
supporting documentation)
❑ Approved by City Administrator on
❑ Approved by Finance Director on
ROUTING SEQUENCE: (Please Follow In Order) Initials Date
(I)Responsible Department Person
Certifies compliance with Competitive Bidding and Purchasing Ordinance.
P/4_
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) N I ft
Checks compliance with Competitive Bidding& Living Wage Ordinances O/-zo''c'2._ )
and reflected in current budget.
(4)City Attorney `��� L et��
Approves contract as to form. l
(5)City Signatory Signs document on behalf of City. 10-21 O
(6)City Clerk /6/02/,3/uo/t
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.
EXHIBIT 10 Rev 6/2017
8/2017
Resolution No.2020-34
Page 3 of 4
AMENDMENT NO. 2 TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF VERNON
AND
VERNON PROFESSIONAL FIREFIGHTERS' 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 Professional Firefighters' Association (hereinafter "VPFA") 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 VPFA,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 VPFA 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 effective October 13,
2020.
IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VPFA
and the City of Vernon agree that Article Four is amended within the MOU to add the following:
Resolution No.2020-34
Page 4 of 4
ARTICLE FOUR: LONGEVITY
Section 3: Employees Hired After June 30, 1994 and on or Before December 31, 1999
Notwithstanding Sections 1 and 2 above, effective July 6, 2008, the City established an
additional 5% longevity program tier. Employees hired after June 30, 1994 and before
December 31, 1999, shall be entitled to receive an additional 5%above base pay(for a total
Longevity pay not to exceed 10%) for attaining ten years of service.
CITY OF VERNON VERNON PROFESSIONAL
FIREFIGHTERS' ASSOC
t
Car . andino, Jr. Dean ns
City Administrator President
tchael A. rl Todd Hewitt
irector of Human Resourc s Vice-President
ATTEST:
1u;
Zji/� — Dated: i p v9 / 4g°
is1. Pope, City Clerk
APPROVED AS TO FORM:
4414J .
Alvarezan
Interim City Attorney
APPROVED AND ADOPTED BY THE CITY COUNCIL ON t O- 13- 2020 , PER
RESOLUTION NO.2020-39 .
STAFF REPORT
City Council Agenda Item Report
Agenda Item No. COV-380-2020
Submitted by: Michael Earl
Submitting Department: Human Resources
Meeting Date: October 13, 2020
SUBJECT
Amendment No. 2 to the Memorandum of Understanding with the Vernon Professional Firefighters'
Association, Local 2312
Recommendation:
Adopt Resolution No. 2020-34 approving and authorizing the execution of Amendment No. 2 to the
Memorandum of Understanding by and between the City of Vernon and the Vernon Professional
Firefighters' Association, Local 2312.
Background:
The term of the current operative Memorandum of Understanding (MOU) between the City and the
Vernon Professional Firefighters' Association (VPFA) runs through March 31, 2021 or until the date of
transition of fire services to the Los Angeles County Fire Protection District, whichever occurs first. In
July of 2008, the City implemented a third tier of a longevity pay program for employees represented by
VPFA. The City has paid this longevity tier through a provision in the MOU entitled "Service Adjustment
Increase" and has been reporting this pay to the California Public Employees Retirement System
(CalPERS).
CaIPERS recently notified the City that it had misreported this type of compensation. Based on the
research and information available, it is clear that this compensation was intended as longevity pay,
which qualifies and is reported to CaIPERS as "special compensation". As such, an amendment to the
MOU is required in order to properly classify this pay for CaIPERS purposes. The City has been
reporting this premium pay to CaIPERS and has been making the required contributions for reporting
this compensation since 2008. However, in order to correct the way in which the pay is reported, an
amendment to the MOU is appropriate. CalPERS has reviewed the proposed language, as well as how
this pay has been applied to the affected employees, and is in agreement with the proposed method
recommended for correcting this reporting error. The City Attorneys Office has reviewed and approved
the proposed MOU amendment as to form.
Fiscal Impact:
There is no fiscal impact as a result of approving this amendment to the MOU. The City and the affected
employees have been making all required contributions associated with this special compensation
reported to CaIPERS since inception of the program in 2008.
Attachments:
1. Resolution No. 2020-34