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Resolution - 2020-80RESOLUTION NO. 2020-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, ADOPTING THE SIDE LETTER OF AGREEMENT BETWEEN THE CITY AND THE WEST COVINA GENERAL EMPLOYEES' ASSOCIATION (WCGEA) REPRESENTED BY CITY EMPLOYEES ASSOCIATES (CEA) WHEREAS, on May 19, 2020, the City Council declared a fiscal emergency through the adoption of Resolution No. 2020-46; and WHEREAS, in declaring the fiscal emergency, the City Council directed the City Manager to take any and all actions necessary to address the fiscal emergency, including, but not limited to, measures relating to personnel and benefit costs, operations, and reductions in service levels, and reviewing and negotiating changes to labor agreements, service agreements, and franchise agreements, to the extent permitted by law; and WHEREAS, the City of West Covina, hereinafter referred to as the "City," and the West Covina General Employees' Association represented by City Employees Associates, have met and conferred in accordance with the Meyers-Milias-Brown Act and Government Code § 3500; and WHEREAS, the City and the West Covina General Employees' Association represented by City Employees Associates have memorialized the agreement in a written side letter of agreement, which is attached hereto as Exhibit "A". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA HEREBY RESOLVES AS FOLLOWS: SECTION 1. The Side Letter of Agreement attached hereto as Exhibit "A," is hereby approved. SECTION 2. The City Manager is authorized to sign the Side Letter of Agreement. SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall enter the same in the book of original resolutions and it shall become effective immediately. APPROVED AND ADOPTED this 6th day of October, 2020. APPROVE AS TO FORM ThoA',P. arte City Attorney ATTEST 11 As*tant CityClerW I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2020-80 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 6th day of October, 2020, by the following vote of the City Council: AYES: Castellanos, Shewmaker, Lopez-Viado, Wu NOES: Johnson ABSENT: None ABSTAIN: None -4L Lisa herrick Ass' ant City Cler EXHIBIT A SIDE LETTER OF AGREEMENT SIDE LETTER OF AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF WEST COVINA AND WEST COVINA GENERAL EMPLOYEES' ASSOCIATION REPRESENTED BY CITY EMPLOYEES ASSOCIATES JULY 1, 2019 -- JUNE 30, 2021 THIS SIDE LETTER OF AGREEMENT ("Agreement") memorializes an agreement entered into between the City of West Covina ("City") and the West Covina General Employees' Association ("Association") (collectively, "Parties") with respect to the following: WHEREAS, the Parties entered Into a Memorandum of Understanding (MOU) with a term of July 1, 2017 to June 30, 2019; and WHEREAS, the; Parties agree to an extension of the MOU until June,30, 2021; . and WHEREAS, the Parties agree that the amendments set forth in this Agreement shall be incorporated into the MOU; and WHEREAS, all other terms and conditions of the MOU shall remain in full force and effect. NOW THEREFORE, the Parties have agreed to amend the MOU as follows: 1. The term of the MOU shall be extended through June 30, 2021. 2. "Suspend" as used throughout this Agreement shall mean that the stated benefits will not be provided during the term stated, i.e. for the next six months after ratification. After such time, the suspended benefits will resume pursuant to previous terms. 3. CalPERS Employee's Contribution and Cost Sharing — Upon City Council ratification of this Agreement, all employees shall pay an additional 3% of compensation earnable towards the employer contribution pursuant to cost sharing in accordance with Government Code section 20516(f) for a six-month period after the date of ratification. Should the City not have express agreement from the Association to continue cost sharing beyond the six months, then cost sharing shall cease after six months. 4. Suspend for six months from the date of City Council ratification of this Agreement the $100,00 per month employer contribution to Retiree Health Savings Plan. The, employee contributions to the Retiree Health Savings Plan . are also suspended for six months. This is because all employees in the• Association must contribute to the Retiree Health Savings Plan for it to continue LCW DMS\WE020\063\9378112.v2.9/7J20 alongside City suspension of the employer contribution, and not all employees in the Association are contributing to the Retiree Health Savings Plan. 5. Suspend for six months from the date of City Council ratification of this Agreement the Tuition Reimbursement Program provision. 6. Suspend for six months from the date of City Council ratification of this Agreement Sick Leave Monetary Cash -Out at separation. Employees shall have all unused accumulated sick leave converted to additional service credit at retirement pursuant to Government Code section 20965. During the period of suspension, if a unit member is subject to an involuntary separation, then the member shall have all rights to cash -out sick leave notwithstanding the suspension. 7. Suspend for six months from the date of City Council ratification of this Agreement the one-time sixty (60) hours of sick leave cash -out in November of 2020. This benefit will be reinstated, and employees shall be able to cash out up to sixty (60) hours of sick leave in the next cash -out period in November of 2021. 8. During the six months after City Council ratification of this Agreement, if another employee bargaining unit agrees to new set of cost savings that differ from the initial set of cost savings agreed to with the City that are less than the equivalent of cost savings agreed to with the Association through this Agreement, then the Association may reopen the MOU, and the City agrees to provide the value of the equivalent lesser cost savings to the Association. 9. The City agrees to not issue any notices of proposed layoffs to any Association employees during the 30 days that immediately follow the date of City Council ratification of this Agreement. 10. During the term of this Agreement, the Parties agree to continue discussions as to the preparation of a comprehensive memorandum of understanding that includes the terms of this Agreement and prior side letters of agreement and addresses non -substantive clean-up of MOU language. [SIGNATURE PAGE FOLLOWS.] LCW DMS\WE020\063\9378112.v2-9/2/20 FOR THE ASSOCIATION AND CITY OF WEST COVINA: I agree on behalf of the Association Pris S. Perez Pr ident Oy 15 2020 Date I agree on behalf of the City: David Car any City Manager (U, Date Helen Tran Director of HR/Risk Management 1O113I1.a� Date LCW DMS\WE020\06359378112.v2-9l2/20