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Resolution - 9068RESOLUTION NO. 9068 i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 7223, RELATING TO FIXING COMPENSATION AND BENEFITS FOR PERSONNEL AND CLASSES REPRESENTED BY THE SERVICE EMPLOYEES' INTERNATIONAL UNION, AFL-CIO, LOCAL 347. WHEREAS, the City of West Covina has met and conferred with the Service Employees' International Union, AFL-CIO, Local 347 (hereinafter SEIU); and WHEREAS, the City and SEIU have agreed upon certain changes in salary and working conditions for members of said Union for the period commencing with the date of approval of this Resolution and ending June 30, 1997; and WHEREAS, the Memorandum of Understanding has been referred to the City Council; NOW, THEREFORE, the City Council of the City of West Covina does hereby resolve as follows: SECTION 1. Salary Effective July 2, 1994, July 1, 1995, and June 29, 1996, the City shall provide salary increases in amounts which place represented employees at a level consistent with the market average as determined by a survey of local public agencies. SECTION 2. Other changes to the terms and conditions of employment are detailed in the agreed upon MOU as incorporated herein as "Exhibit A." Specific changes to provisions covering Special Pay have been agreed upon. SECTION 3. Where provisions of the MOU are inconsistent with existing Personnel Rules, the MOU shall govern. SECTION 4. The remaining provisions of Resolution No. 7223, as amended, shall remain in full force and effect until amended or repealed by Resolution of the City Council. SECTION 5. The effective date of this Resolution is April 5, 1994. SECTION 6. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 5TH DAY OF APRIL, 1994. ATTEST: City Clerk I HEREBY CERTIFY that the adopted by the City Council on foregoing Resolution was duly the 5th day of April, 1994. AYES: Councilmembers Herfert, NOES: Councilmembers None ABSENT: Councilmembers None ABSTAIN: Councilmembers None APPROVED AS TO FORM: (50 9)h City Attorney ILRE90-Sm.93 Manners, McFadden, Wong, Jennings City Clerk, 0 MEMORANDUM OF UNDERSTANDING BETWEEN REPRESENTATIVES OF FOR THE CITY OF WEST COVINA Y, N e SERVICE EMPLOYEES' INTERNATIONAL ONION, AFL-CIO, LOCAL 347 JANUARY 11 1994 THROUGH JUNE 30, 1997 EXHIBIT "A" TABLE OF CONTENTS PAGE NO. SECTION1. SALARY ...................................... 1 SECTION 2. RETIREMENT .................................. 2 SECTION 3. MEDICAL AND DENTAL INSURANCE BENEFIT........ 2 SECTION 4. RETIREE HEALTH BENEFIT ...................... 2 SECTION 5. STATE DISABILITY INSURANCE (SDI)............ 3 . SECTION 6. WORK RELATED DISABILITY COVERAGE............ 3 SECTION7. LIFE INSURANCE .............................. 3 SECTION S. LONG TERM DISABILITY INSURANCE .............. 3 SECTION 9. VACATION USE .............................. 3 SECTION 10. SICR LEAVE .................................. 5 SECTION 11. BEREAVEMENT LEAVE ........................... 8 SECTION12. HOLIDAYS...' ................................. 8 SECTION 13. SPECIAL PAY ................................. 9 SECTION 14. TUITION REIMBURSEMENT ....................... 11 SECTION 15. UNAUTHORIZED ABSENCE ........................ it SECTION 16. UNIFORMS .................................... 11 SECTION 17. BOOT ALLOWANCE .............................. 12 SECTION 18. LAYOFF POLICY & PROCEDURE ................... 12 SECTION 19. MILEAGE REIMBURSEMENT --PRIVATE VEHICLE USE.. 12 SECTION 20. WORK CONDITIONS DURING SMOG ALERT........... 12 SECTION 21. INJURIES ON DUTY ............................ 13 SECTION 22. DISABILITY DISCRIMINATION ................... 14 SECTION 23. TIME OFF FOR UNION BUSINESS ................. 14 SECTION24. REST PERIODS ................................ 14 SECTION 25. DUES DEDUCTION AND INDEMNIFICATION.......... 14 SECTION 26. EMPLOYEE AND EMPLOYER RIGHTS.. .............. 15 SECTION 27. OTHER PROVISIONS NOT COVERED HERE........... 15 SECTION 28. NOTICE OF FUTURE MEET AND CONFER............ 16 SECTION 29. SEVERABILITY......... 16 SECTION 30. TERM ........................................ 16 OF BETWEEN THE REPRESENTATIVES OF MANAGEMENT FOR THE CITY OF WEST COVINA AND THE SERVICE EMPLOYEES' INTERNATIONAL UNION, AFL-CIO, LOCAL 3471 FOR THE PERIOD BEGINNING JANUARY 1, 1994, AND ENDING JUNE 30, 1997. 0 . PREAMBLE This Memorandum of Understanding is entered into with reference to the following facts: A. In the interest of maintaining harmonious and stable relationships between the City of West Covina and employees represented by the Service Employees' International Union, AFL-CIO, Local 347 (hereinafter SEIU, representatives of management for the City of West Covina and representatives of SEIU have met on a number of occasions and have conferred in good faith exchanging a number of proposals concerning wages, hours, fringe benefits and other terms and conditions of employment for employees represented by the Union. B. This Memorandum constitutes a mutual recommendation by the parties hereto to the City Council that one or more resolutions be adopted implementing this Agreement and effecting the changes enumerated herein relative to wages, fringe benefits and other terms of employment for the members of the Association effective January 1, 1994, (except as otherwise stated herein) and continuing through the term of the Memorandum. THEREFORE, the representatives of management and the Association agree as follows: SECTION 1. SALARY Preamble- In an effort to maintain competitive salaries, the City and the Maintenance Department employees represented by SEIU, will cooperatively join in the process of developing new programs, determining additional revenue sources, and ways of delivering services in a more cost effective manner. To this end, a joint labor/management committee will be formed. The composition of the committee will be five labor members selected by those represented and five management members selected by the Department Director. No more than one employee from each of the 1 five major departmental sections shall serve at one time. The committee shall meet a minimum of once each quarter to discuss ideas, formulate plans, and coordinate implementation of new or revised programs and/or procedures. Participation by the employees shall play a significant role in achievement of productivity and program goals resulting in agreed upon periodic adjustments to salary. Salary computation- A salary survey shall be conducted annually in May of 1994, to collect the top step monthly salaries for the agreed upon benchmark classes. The average of the base salaries .for those classes shall be used to determine the amount of salary adjustment to be provided effective July 2, 1994. This same process shall be conducted in May of 1995 and May of 1996 to determine the salary adjustments to be effective July 1, 1995 and June 29, 1996. SECTION 2. RETIREMENT A. Unused accumulated sick leave may be converted to additional service credit at the time of retirement pursuant to Public Employees' Retirement System (hereinafter PERS) Section 20862.8. B. Retirement benefits shall be computed using the One - Year Final Compensation Option under PERS Section 20024.2. SECTION 3 MEDICAL AND DENTAL INSURANCE BENEFIT The City shall provide $442 per month to offset the employee cost of health insurance. The amount specified for PERS Health Care Plan coverage shall be $16 per month per active employee. The City shall provide up to $20 per month to offset the cost of dental insurance. SECTION 4. RETIREE HEALTH BENEFIT Provided that employees represented by SEIU have participated in the Public Employees' Medical and Hospital Care Act (PERS Health Plan) with the City, $16.00 per month per eligible retiree shall be contributed towards the payment of premiums for retiree insurance under the Program. 2 SECTION S. STATE DISABILITY INSURANCE (SDI) The City agrees to make available at the employee's expense, SDI as provided through the State of California. BECTION 6. WORK RELATED DISABILITY COVERAGE Whenever any employees of the City are disabled, whether temporarily or permanently, by injury or illness arising out of and in the course of their duties, they shall be entitled, regardless of their period of service with the City, to leave of absence while so disabled, without loss of salary, temporary disability compensation, if any, being considered as and credited to salary for this purpose, for the period of such disability but not exceeding six months. After six months, employees so disabled are eligible to apply for long term disability through an insurance plan provided by the City. Temporary disability payments, SDI, and other benefits to which the employee may be entitled, can be integrated with the long term disability benefits for the length of the disability period as substantiated by physician documentation. The City will provide the difference between benefits received and full salary for up to one year if the amount received is less than what would equal full salary. SECTION 7. LIFE INSURANCE The City shall provide a term life insurance policy in the amount of $20,000. SECTION S. LONG TERM DISABILITY INSURANCE The City shall provide a long term disability program which provides sixty percent (60%) of the employee's gross salary after a waiting period of one hundred eighty (180) days. Coverage after 90 days may be purchased by the employee through payroll deduction. SECTION 9. VACATION USE It is the policy of the City that where possible vacation be taken annually in the year earned. The time during the year at which an employee may take vacation shall be determined by the appointing authority of such employee with due regard for the wishes of the employee and particular regard for the needs of the service. vacation leave shall accumulate to a maximum of: 3 Hours Accumulated Maximum Months of Service Per Pay Period Accruals 1-60 3.08 240 61-108 4.62 280 109-120 4.92 288 121-132 5.23 296 133-144 5.54 304 145-156 5.85 3.12 157+ 6.15 320 Effective July 1, 1993, employees shall not be allowed to accrue vacation leave beyond the stated maximums. No employee shall lose earned vacation leave because of work urgency. Work urgency is defined as the department's need to have the employee at work to perform duty assignments for a specified period of time. If an employee has reached the maximum allowed unused balance and is unable to take vacation leave due to work urgency, industrial injury, extended medical leave, special or pre - scheduled leave as authorized by the appointing authority, the Personnel Director will approve a waiver of the maximum allowed unused balance for a period not to exceed six months per fiscal year. A. Vacation Accrual 1. Accrual Rates Each full-time employee shall accrue vacation leave with pay at the rate of 6.67 hours of a working day per month for each month of service with the City up to and including 60 months of service, and at the completion of 60 months of service 40 additional hours vacation ,shall be granted; from 61 up to and including 108 months, vacation shall be earned at the rate of ten (10) hours per month; and from 109 up to and including 120 months, vacation time shall be earned at the rate of 10.67 hours per month; and from 120 up to and including 132 months, vacation time shall be earned at the rate of 11.33 hours per month; and from 132 up to and including 144 months, vacation time shall be earned at the rate of 12.00 hours per month; and from 144 up to and including 156, vacation time shall be earned at I the rate of 12.67 hours per month; and from 156 or more months, vacation time shall be earned at the rate of 13.33 hours per month, up to a maximum not.to exceed 160 hours earned vacation per year. B. Vacation Accrual for Holidays If a holiday falls within a scheduled vacation period, S additional hours of vacation shall be granted. C. Payment for Unused Vacation 1. Any employee, who has been in continuous full-time service of the City for a period of six (6) full months or more, who is about to terminate his/her employment, shall be paid for accrued vacation time on the effective date of termination. 2. Upon request of the employee and the department head and with approval of the City Manager, in order to address unusual or emergency conditions, an employee may be paid the straight time daily equivalent of his/her salary in lieu of vacation time off. Such payment shall be for no more than 40 hours in any one calendar year, except as otherwise provided herein. D. Advance Payment of Vacation Any employee who is authorized to take 40 or more hours, (2k shifts for fire suppression employees) of vacation with pay at one time may apply for the payment of salary in advance for any pay period occurring during the period of the employee's authorized vacation. The application must be approved by the employee's Department Head and filed with the Finance Director at least seven (7) days before the vacation period for which the salary advance is requested. In cases of extreme emergency where the employee is unable to give the required notice, approval for an advance vacation check may be given where such request can be justified to, and approved by, the Department Head, Division Manager, and Finance Director. SECTION 10. SICK LEAVE To aid in reducing illness, the parties shall work in unison to educate and emphasize to employee members the 5 importance of proper diet,.sleep, exercise and other pertinent practices in maintaining a healthy condition. A. Allowance/Accumulation City emplyees shall accrue 96 hours of sick leave per year. Following completion of thirty (30) calendar days of continuous full-time service, each City employee shall accrue 3.69 hours per pay period of sick leave pay. Thereafter for each calendar month of service in which the employee has worked or has.been paid for more than two-thirds (2h) of the actual number of working days of such month, he/she shall be allowed 8 hours of credit for sick leave with pay. Sick leave may be used by new employees following thirty calendar days of employment. Unused sick leave may be accumulated without limit. B. Use of Sick Leave No more than 40 hours of sick leave within any calendar year may be granted to an employee for the care or attendance upon members of his/her immediate family, and not more than 40 hours of sick leave.within any calendar year may be granted to an employee for each absence due to death of his/her immediate family. The phrase "immediate family" is construed to mean the husband, wife, parent, brother, sister, child, and a grandparent or grandchild, if residing within the home or within the same place of residence of the employee. C. Reinstatement of Sick Leave Upon reemployment, an employee will have sick leave time reinstated in that amount accumulated at the time of layoff up to a maximum of 320 hours. In the event that through the course of continued employment accumulated sick leave exceeds 320 hour, payoff for such excess accumulations shall be in accordance with the payoff provisions of the.program, but in no case shall the aggregate of such amount(s) exceed that provided by the policy. D. Pilot Program --Sick Leave, Annual Payoff and Accrual 11 The following sick leave payoff and accrual program was instituted in 1980, as a "pilot program." The program will remain in effect and will be reevaluated by City management. If the program is discarded, the City will revert to its previously effective sick leave program as contained herein. . Sick leave will be earned at the rate of eight hours per month for a possible total maximum of 96 hours per calendar year. Sick leave used during each calendar year will be charged against the current year's. earnings. At the end of the calendar year the City will determine the amount of unused sick leave. Thereupon, in January each employee must carry over to a sick leave "bank" a minimum of 56 hours, if available, and may request cash payment for any hours above 56 or may add it to the sick leave bank. If 56 hours of unused sick are not available, the number of unused hours must be carried over to the sick leave bank. The current payoff programs at termination or retirement, as detailed in the Personnel Rules, remain unchanged. E. Sick Leave Pay -Off Upon Termination Employees upon termination of continuous service, other than by discharge, shall be paid for 50 percent of all sick leave accrued to the time of such termination which is in excess of 320 hours, but does not exceed a maximum accrual of 800 hours. F. Physician's Certificate on Use of Sick Leave The Department Head may require evidence in the form of a physician's certificate, or written statement, as to adequacy of reason for any employee's absence of two (2) or more consecutive working days for which sick leave was requested. A failure to supply or provide said certificate or written statement shall be grounds for denial of sick leave pay and the imposition of such disciplinary action as may be deemed appropriate. 7 G. Physical Examination Any employee absent from work for a period of three (3) or more consecutive working days, due to illness or accident, may be required to submit to and successfully complete a physical examination before returning to active duty. The physical examination will be conducted by a physician of the City's choice, with all costs to be paid by the City. SECTION 11. BEREAVEMENT LEAVE Bereavement - 40 hours (3 shifts for Fire Platoon/shift employee) of said leave per calendar year will be available to an employee in the event of the death of said employee's grandparent, parent, spouse, child, stepchild, brother, or sister. The program is supplemental to the current sick leave program. SECTION 12. HOLIDAYS A. Fixed Holidays The City will recognize the following days as official City fixed holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve (unless Christmas falls on a Saturday, Sunday or Monday) and Christmas Day. B. Personal Leave Employees are entitled to 40 hours per calendar year as personal leave time which is usable subject to the approval of the department head or the designated authority. Personal leave becomes usable on January 1 of each calendar year and must be used by December 31 of the same calendar year. .Personal leave time may not be carried over into the next calendar year nor may the hourly equivalent be paid in lieu of time off. C. Observation of Saturday and Sunday Holidays For those employees whose normal work week is Monday through Friday, when a holiday falls on a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day observed. When a holiday falls on a Saturday, the preceding Friday shall be deemed to be the holiday in lieu of the day observed. For all other employees, when a holiday falls on a regularly scheduled day off, the employee shall be entitled to eight hours straight compensatory time for the holiday. This compensation can be taken as either compensatory time or pay, at the discretion of the • employee. SECTION 13. SPECIAL PAY A. Tree Climbing Compensation A policy will be developed to provide for 1-1/2 times hourly compensation for time spent in climbing trees. The policy shall provide that such compensation will be paid only when employee has prior authorization to climb. B. Jury Duty The City will grant an employee required to serve on jury duty to report for examination to serve on jury duty, one time for a maximum of 160 hours, paid leave for such purposes during any three consecutive years of employment. All fees received by the employee for jury duty, exclusive of mileage, shall be remitted to the City. C. Compensatory Time Employees represented by the union may accrue compensatory time at time and one-half. The maximum limit for compensatory time is 40 hours. Time off is subject to department head approval. D. Acting Pay Acting pay is intended to fairly compensate those assigned to be responsible to perform a significant portion of a higher level position having a greater degree of responsibility and independence and/or requiring a significantly higher level.of expertise. Employees assigned in an acting capacity will be paid five percent (5%) above their base rate of pay after the completion of 40 hours of such assignment. Such compensation shall continue for the length of the assignment. 0 Whenever practical, based on the experience and expertise required to perform the higher level duties, management will attempt to appoint different individuals to acting assignments based on the needs of the organization. Acting appointments to higher level positions do not require the assignment of another employee to . cover the duties of the employee so assigned. E. Mandatory Standby (a) The City agrees to compensate each employee required to serve on mandatory standby for a period of one week with eight (8) hours straight time pay. (b) The City also agrees to provide a listing of names and dates of employees placed on standby, that the City will attempt to solicit volunteers first, that the City will only place on standby those employees that reside 15 or fewer miles to West Covina city limits, and that the mandatory standby requirement will be rotated uniformly among the appropriate department employees. F. Mandatory Standby - Holiday Week The City agrees to compensate each employee required to serve on mandatory standby during a week within which a holiday occurs with twelve (12) hours straight time pay. G. Mandatory Standby - Thanksgiving Holiday Week The City agrees to compensate each employee required to serve on mandatory standby during the week within which Thanksgiving occurs with sixteen (16) hours straight time pay. H. Callback Pay When an employee is required to return to work, the City agrees to pay to the employee a minimum of two hours at time and one-half, and time and one-half on an hour -for -hour basis for each hour thereafter. Whenever an employee is required to work on a callback basis, the employee may elect to receive compensatory time off. Under these circumstances, the City will credit a minimum of three hours for each occasion of callback 10 and straight time off on an hour -for -hour basis for each hour in excess of three hours. Employees required to return to work on a callback basis shall have a minimum break of eight (8) hours from the time they are released from callback duty until they are required to return to work, without loss of pay. Should they be . directed to report to work at a time providing a break of less than eight hours, they shall be paid at the rate of time and one half for any hours between return to work and the eight hour minimum. In extreme emergency situations requiring extensive consecutive work hours by employees, the City reserves the right to adjust scheduled work hours to provide employees with adequate rest time and meet the ongoing work requirements necessary to satisfy the emergency. I. Overtime The City agrees to pay time and one-half for all hours worked in excess of the normal daily work shift. It is understood that the normal daily work shift is eight hours per day. Vacation, sick leave, holidays, jury duty and compensating time off shall count toward the computation of the normal daily work shift. SECTION 14. TUITION REIMBURSEMENT It is understood that the.annual maximum tuition reimbursement shall be $686. SECTION 15. UNAUTHORIZED ABSENCE The provisions of Personnel Rule X.I shall be amended to read as follows: "Any employee absent from his/her job for more than two (2) working days without prior permission of the department head shall be considered to have automatically terminated his/her employment with the City." SECTION 16. UNIFORMS A. Shirts The City will make available to Maintenance Department employees required to wear a uniform a maximum of five (5) City -approved T-shirts a year. Employees are required to pay one-half (1/2) of the cost of said T-shirts. B. Shorts. Short pants may be worn by employees represented by the Union. The department head will determine which assignments are appropriate for short pants and evaluate the appearance of the short pants. C. Uniform Jackets . The City will provide work jackets to eligible maintenance employees. SECTION,17. BOOT ALLOWANCE The City will reimburse each employee required to wear safety shoes/boots $100 annually for costs incurred in the purchase of said.shoes/boots. Employees shall be required to wear boots meeting specific OSHA standards as defined by department policy. SECTION 18. LAYOFF POLICY 8 PROCEDURE Layoffs will be administered pursuant to Personnel Rule XI, Section 11.2D. SECTION 19. MILEAGE REIMBURSEMENT -PRIVATE VEHICLE USE The City shall pay mileage reimbursement of $.24 per mile for those employees who use their private vehicles for City business. SECTION 20. WORK CONDITIONS DURING SMOG ALERT A. The City will provide work for eight (8) days on those occurrences when a Stage 2 or 3 Smog Alert is predicted or called. During these eight (8) work days, employees will be required to report to work in their normal fashion and at their regularly scheduled time. B. During these eight (8) work days, employee -members of the Union may be required to perform duties of a broader nature than those normally performed within the Maintenance Department. C. As part of those broader duties, employees may be required to attend training programs sponsored by the department management. D. It is agreed that the City will attempt to equally allocate among the Maintenance Department workforce those ongoing, call -out and other standby functions so as to.minimize the adverse effect of the implementation 12 of the Episode Plan. It is understood that this provision will become effective after eight (8) work days have been exhausted. E. It is agreed that the City will implement the. Episode Plan only upon official notification from the Air Quality Management District of a predicted or . actual Stage 2 or Stage 3 alert. SECTION 21. INJURIES ON DUTY A concerted effort shall be initiated to: (1) educate employees on safety practices, (2) make employees aware of costs of injuries on duty, and (3) encourage a more positive relationship between City Staff and employees when injuries occur. Further, the first three days of any leave due to disability shall be charged as sick leave. Additional paid leave beyond the first three days will be charged as disability leave provided the disabled employee is awarded or receives disability benefits under the Worker's Compensation and Insurance Law of the State of California based upon such disability. No employee, while on disability leave, shall be entitled to promotions, step increases, holiday time pay, or continued accumulation of vacation and sick leave benefits, provided that employees on temporary disability.may compete for promotions in accordance with existing rules. SECTION 22. DISABILITY DISCRIMINATION 1. The City's policy shall be to make such efforts as are consistent with federal, state and the provisions of these rules, to place physically or mentally disabled employees in such positions as.can be made available in the City service where such disabilities will not affect the performance of duties. This policy will extend to all terms, conditions, and privileges of employment. The Americans' With Disabilities Act (ADA) requires accommodation for.disabled individuals on a case by case basis. Prior to the City providing an accommodation which would be contrary to Rules or negotiated agreements, the City shall provide written 13 notice of intent to disregard provisions and shall meet and confer over options prior to implementation. The City has a legal obligation to meet with individual employees as necessary to discuss possible accommodation before any adjustments are made to working conditions. The Association shall be notified prior to the implementation of proposed accommodations by the City which affect an employee or group of employees within their respective bargaining unit. Accommodations provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of past practice in any grievance process. 2. No employee shall hold any position in a class where such individual poses a risk to the health or safety of the individual or others. SECTION 23. TIME OFF FOR UNION BUSINESS The City will allow a reasonable amount of City time for an employee to prepare for grievance matter presentation with department head approval. SECTION 24. REST PERIODS The agreed upon rest period policy revision shall be instituted administratively as soon as practicable. SECTION 25. DUES DEDUCTION AND INDEMNIFICATION A. Upon receipt of an individually and voluntarily signed authorization form, the City shall deduct, each month, from the wages of each employee who is a member of the Association his/her initiation or periodic Association dues. In the event the employee shall not be entitled to any pay for the first pay period of any month, such deduction shall be made from the wages of such employee earned in the next succeeding pay period in said month. If such employee shall not be entitled to any pay during the succeeding pay period in said month, the City shall not make dues deduction thereafter in respect to the dues of said employee for said month. 14 The Association shall indemnify, defend, and hold the City harmless against any and all claims, demands, suits or other forms of liability (monetary or otherwise) and for all legal costs that shall arise out of or by reason of action taken or not taken by the City in complying with the provisions of this Article. . If an improper deduction is made, the Association shall refund directly to the employee any such amount. B. The City will allow employees to add an amount of money, to pay for Association sponsored benefit plans, to the lump sum monthly deduction for Association dues. SECTION 26. EMPLOYEE AND EMPLOYER RIGHTS The parties hereto agree that this agreement does not in any manner abridge, modify or restrict the rights and prerogatives of employees and the City as set forth in Chapter 2 of the West Covina Municipal Code. It is understood that said rights and prerogatives of the City include but are not limited to determinations as to the levels of service, manning requirements, work schedules, transfer, overtime assignments and approval, number and location of work stations, nature of work to be performed, contracting for any work or operations, employee performance standards, discipline and discharge and reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable, in the performance of City services. It is further agreed that the City agrees to meet and confer with the recognized bargaining representative regarding the impact of such management decisions on matters within the scope of representation. SECTION 27. OTHER PROVISIONS NOT COVERED HERE It is understood that all other items relating to employee salaries and benefits, not covered in this Memorandum of Understanding, are covered by existing Memoranda of Understanding, ordinances, resolutions, and policies of the City Council, as well as the Personnel Rules and Regulations presently in effect. 15 SECTION 28. NOTICE OF FUTURE MEET AND CONFER If the Association desires to meet and confer with representatives of the City of West Covina concerning improvements or changes in wages, hours, or other conditions of employment for the employees represented by the Association which would take effect on or after July 1, 1997, the Association shall serve upon the City Manager a written request to meet and confer no later than February 1, 1997. Said request shall contain all of the changes in wages, hours, and conditions of employment proposed by the Association to take effect on or after July 1, 1997. SECTION 29. SEVERABILITY , It is understood and agreed that this Memorandum of Understanding is subject to all present and future federal and state laws and regulations and the provisions hereof shall be effective and implemented only to the extent permitted by such laws and regulations. If any part of this Memorandum of Understanding is in conflict or inconsistent with such applicable provisions of federal or state laws or regulations, or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable laws and regulations and the remainder of this Memorandum of Understanding shall not be affected thereby and shall remain in full force and effect. SECTION 30. TERM This Memorandum of Understanding shall remain in full force and effect until midnight, June 30, 1997. 0 16 • SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 347 MANAGEMENT REPRESENTATIVES OF THE CITY OF WEST COVINA BY BY i By BY,I/ d.. ' BY /i Date Kg�Lc� 1- 1 , APPROVED AS TO FORM: lk:MOUSEN ty Attorney Date Y24h_"".RZ /99W