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HomeMy WebLinkAboutReso 1980-10180 - RESOLUTION NO. 10180 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THAT CERTAIN MEMORANDUM OF UNDER- STANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BE'IWEEN THE CITY OF CHUIA VISTA AND THE CHULA VISTA CHAPTER, WESTERN COUNCIL OF ENGINEERS FOR FISCAL YEAR 1980-81 The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the Management Negotiation Team representing the City Manager of the City of Chula Vista, acting for and on behalf of the City Council of the City of Chula Vista, have hereto- fore met and conferred with the Chula Vista Chapter, Western Council of Engineers, an organization representing certain members of classified employees in the City of Chula Vista, in accordance with the provisions of Section 3500 et seq. of the Government Code of the State of California, and WHEREAS, the Memorandum of Understanding jointly pre- pared by said parties as a result of meeting and conferring in good faith has been presented to the City Council and is contained in Exhibit "A", attached hereto and incorporated herein by refer- ence as if set forth in full. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve and accept said Memo- randum of Understanding as contained in Exhibit "A" for fiscal year 1980-81. Presented by Approved as to form by /' ger ,-" /' /;-/ r; / _1~,::Q / / ,A,._", ~V~Lc;'0 ,~ '-" ~v-~o/'--& .:,,;.:../ George~~: Lindberg, City ,/ Attorney ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 10th day of July 19~ 0 , by the following vote, to-wit: AYES: Councilmen Hyde, Cox, McCandliss, Scott, Gillow NAYES: Councilmen None ABSTAIN: Councilmen None ABSENT: Councilmen None ATTEST 0~ ~(~ Mayor of the City of Chula Vista STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA ) ) ) 55. I, JANE A. DIEDRICHS, DEPUTY CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a fuZl, true and correct copy of RESOLUTION NO. 10180 and that the same has not been amended or repealed. DATED Deputy City Clerk (SEAL) IO[rD :C-660 (a) I ....' SUMMARY OF STAFF RECOMMENDATIONS (WESTERN COUNCIL OF ENGINEERS) CURRENT ARTHUR PROPOSED CLASSI FICATION MONTHLY YOUNG MONTHLY Associate Civil Engineer $1854-2254 -0- $2025-2461 9% Assistant Civil Engineer $1609-1957 -0- $1757-2136 9% Junior Civil Engineer $1390-1691 -0- $1518-1845 9% Plan Checker II $1682-2044 $1837-2232 9% $2004-2437 9% 1t-/tJ/Rd !O I gO MEMORANDlM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA CHAPTER, WESTERN COUNCIL OF ENGINEERS FOR FISCAL YEAR 1980-1981 1. 01 1. 02 1. 03 1. 04 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 3.01 3.02 3.03 3.04 PREAMBLE RECOGNITION CITY RIGHTS W.C.E. RIGHTS WAGES OUT OF CLASS ASSIGNMENT EXTRAORDINARY SERVICE DEFERRED COMPENSATION MILEAGE REIMBURSEMENT TUITION REIMBURSEMENT WORKWEEK OVERTIME CALLBACK BILINGUAL PAY HEALTH AND WELFARE RETIREMENT HOLIJ:ll\YS VACATION AND SICK LEAVE LEAVE OF ABSENCE MILITARY LEAVE JURY DUTY CAREER ADVANCEMENT LABOR MANAGEMENT COOPERATION PROHIBITED PRACTICES TERM AND EFFECT OF M.O.U. AID TO CONSTRUCTION OF M.O.U. SAVINGS CLAUSE ,,(.. / ~ I J7t; 1. 01 PREAMBLE This MOD is entered into by the City of Chula Vista, hereinafter referred to as the "City", and the Chula Vista Chapter, Western Council of Engineers, hereinafter referred to as the "WCE". 1.02 RECOGNITION The City recognizes the WCE as exclusive representative for the employees in the City of Chula Vista that are employed in the following classifications: Associate Civil Engineer Assistant Civil Engineer Junior Civil Engineer Plan Checker II 1.03 CITY RIGHTS Nothing contained herein shall be construed to restrict any legal or inherent exclusive City rights with respect to matters of legislative or managerial policy. The exclusive rights of the City shall include, but not be limited to: Establish, plan for, and direct the work force toward the organizational goals of the City government. Determine the organization, and the merits, necessity, and level of activity or service provided to the public. Determine the City budget. Establish, regulate and administer a merit or civil service system which provides for all types of personnel transactions, including, but not limited to, determining the procedures and standards for the hiring, promotion, transfer, assignment, layoff, retention and classification of positions in accordance with the City Charter, Civil Service Rules, and established personnel practices. Discipline or discharge employees. Determine the methods, means, numbers and kinds of personnel, and the job or position content required to accomplish the objectives and goals of the City. Subcontract out various services currently performed by City work force when such actions will result in cost savings to the City. Effect a reduction in authorized positions. Take actions necessary to carry out the mission of the City in emergencies and in other situations of unusual or temporary circumstances. 10 IS C) Continue to exercise efficient and productive management practices consistent with Federal and State laws and in compliance with the City Charter and City ordinances. Exercise of City rights shall not breach WCE's right to meet and consult in those areas legally required when consequences of con- templated action may affect employees' wages and working condi- t ions. 1.04 WCE RIGHTS WCE employees shall have the right to: I. Be provided a reasonable amount of space on relevant City bulletin boards for legitimate communications with members. II. Be granted use of City facilities by the appropriate authority for meetings composed of WCE members, provided such meetings are held outside regularly scheduled work- ing hours for the group which is meeting, and provided space can be made available without interfering with Ci ty needs. WCE agrees to provide proper advance notice of such meet- ings and pay any contingent costs of security, super- vision, damage and cleanup. III. Be allowed reasonable access to employees of the unit at their work locations during working hours for the pur- pose of consulting with employees in the unit regarding the employer-employee relationship, provided that (1) the work of the employee and the service of the public are not unduly impaired, and (2) the authorized repre- sentative shall have given advance notice to the depart- ment head or his designated representative when contact- ing departmental employees during the duty period of the employees. The department head shall determine the appropriate time for such access. IV. Designate two (2) employees plus alternates who serve as official representatives. Such persons shall be released from work, without loss of compensation, when formally meeting and conferring with management representatives on matters within the scope of representation. One member shall also be released from work without loss of compensation when meeting with management representatives on matters pertaining to an allowable grievance item. V. Be provided, upon request, such literature and public documents as may be necessary (i.e., City budget, Workers Compensation benefits). A reasonable duplica- tion charge may be made for items not normally available for wide distribution. !a / gO VI. The City of Chula Vista shall bill WCE $.05 per member per pay period for the actual costs incurred for dues deduction on behalf of WCE. 2.01 WAGES I. Effective the first payroll period commencing July 1980, (July 11, 1980) classifications represented by WCE shall be granted a salary increase of nine percent (9%).* II. All other payroll and wage changes, such as merit increases, shall be made effective at the beginning of the regular pay period closest to the date of change. III. Distribution of paychecks shall be done only on regular paydays with the following exceptions: (a) employees whose names appear on the "early list" maintained by the Finance Department may receive their checks on Thursday due to the uniqueness of their normal work schedule; and (b) in an emergency, employees may receive their check on a day other than a regular payday if a memo is directed from the Department Head to the Finance Officer justifying the request. IV. All classifications represented by WCE may receive a maximum of two weeks vacation pay in advance. Vacation pay in advance will be made on a regular payday provided the employee notifies the Finance Department ten working days prior to the payday on which payment is desired. 2.02 OUT OF CLASS ASSIGNMENT WCE members who are assigned, with the approval of the department head, the normal duties of higher level positions for more than 20 working days, will be compensated at a rate 5% above their current salary, commencing the twenty-first working day. 2.03 EXTRAORDINARY SERVICE The City will offer a differential of up to seven and one half (7 1/2%) percent to those E Step employees who qualify. Criteria for eligibility will be developed jointly with employee associa- tion representatives. Recommendation for the differential will be at the discretion of the department head, subject to the approval of the City Manager. The duties/productivity of relevant indi- viduals will be reviewed at least every three (3) months and a determination made regarding continuance of the differential. *Assistant Civil Engineer may receive five (5) percent additional compensation for possession of a certificate of registration as a professional Civil Engineer in the State of California. /(jl?c) 2.04 DEFERRED COMPENSATION WCE members shall be eligible to participate in the City's ap- proved Deferred Compensation Plan administered by Great Western Savings. WCE members have the option of placing a total of 7% of base salary into a "deferred compensation" plan which is based upon the employee contribution to the Public Employees' Retirement System. Employees in this unit are advised that there may be a question as to the practicability of such a plan and they could, as a result of an adverse I.R.S. or jUdicial ruling, be ineligible for such a plan or it may later be determined by I.R.S. that such contribu- tions are ordinary income and subject to taxation as such. 2.05 MILEAGE REIMBURSEMENT Employees in this unit shall be subject to the City's Mileage Reim- bursement Program when required to use their private automobile for authorized City business. 26~ per mile - first 200 miles 24~ per mile - next 300 miles 22~ per mile - over 500 miles 2.06 TUITION REIMBURSEMENT WCE members will be reimbursed for up to $100 per individual per fiscal year for the cost of tuition and books for courses directly related to the employee's career development. Employees must ob- tain approval of the department head and the Training Advisory Committee prior to enrollment in the desired course. 2.07 WORK HEEK The normal work period shall consist of 80 hours during each 14 calendar days coinciding with the City pay period. However, members of the represented unit may be permitted by the City Engineer to work a flexible schedule provided not more than eighty hours (80) are designated in the fourteen (14) day period (0001 Friday to 2400 Thursday). Core hours, during which an employee must work, shall be between 9:00 a.m. and 4:00 p.m. on a scheduled day of work. Arrival and departure times shall be established by employee's immediate supervisor and may be changed upon reasonable notice. 2.08 OVERTIME I. Definition - Whenever an employee is ordered, in the interest of the efficiency of his/her department, to render overtime service beyond the normal work week delineated for his/her classification, he/she shall be granted compensation for such overtime at the rate of one and one half times his/her regular hourly rate. Pay- ment for overtime shall be made during the pay period wherein the overtime was earned. / 0/80 II. Administration of Overtime A. WCE members who are held over their normal work shift shall be paid at one and one half times the basic rate of pay for all time in excess of 1/2 hour. Time worked over the scheduled shift that is less than 1/2 hour shall be paid at the employee's regular hourly rate and may not be accumulated for overtime purposes. 2.09 CALLBACK Whenever an employee is called back to work after he/she left his/her work site and is required to return to work before the scheduled start of the next shift, he/she will receive a $20 bonus in addition to actual overtime worked. (Exception: When notifi- cation to report to work on a nonscheduled shift is given to the employee prior to leaving the work site, it shall not constitute callback.) 2.10 BILINGUAL PAY WCE members who upon recommendation of the department head, approval of the Personnel Department and City Manager, and suc- cessful completion of a Bilingual Performance Evaluation, are required to continuously use their bilingual skills in the per- formance of their duties, will receive $25 a month in addition to their regular pay. 2.11 HEALTH AND WELFARE I. Hospital/Medical Care Benefits (Employee) - The City will pay the premiums for the designated Travelers Com- prehensive Medical Expense Benefit Plan for each eligible employee, or to contribute an equal dollar amount to an approved Kaiser Plan, with the employee paying any excess. II. Hospital/Medical Care Benefits (Dependents) - The City will pay one half (1/2) the premium for dependent coverage for the designated Travelers Comprehensive Medical Expense Benefit Plan or contribute an equal dollar amount to an approved Kaiser Plan, with the em- ployee paying the excess. III. Life Insurance - The City agrees to contribute the amount necessary to provide each eligible employee with $3,000 group term life insurance. IV. Long-Term Disability - The City will contribute up to nine-tenths percent (.9%) of employee base salary for an approved Standard long-term disability plan. 2.12 RETIREMENT The City shall provide the 2% at 60 retirement for miscellaneous employees as provided for under the Public Employees Retirement System. ~/gO 2.13 HOLImyS I. Hard Holidays - During the term of this agreement, the recognized holidays are: Independence Day Labor Day Thanksgiving Christmas New Year's Day Memorial Day July 4, 1980 September 1, 1980 November 27, 1980 December 25, 1980 January 1, 1981 May 25, 1981 A. Holiday Pay - Employees shall receive eight (8) hours pay at their regular hourly rate for each hard holiday payable during the pay period in which the regular holiday occurs. B. Holiday Worked - In those cases where an employee is required to render service on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, said employee shall be granted compensation for such overtime at one and one half times his/her regular hourly rate. C. If a hard holiday falls on a Saturday, the preceding Friday shall be observed as the holiday. If a hard holiday falls on a Sunday, the following Monday shall be observed as the holiday. II. Floating Holidays: A. Amount - Effective the first pay period in July 1980, employees shall be credited with forty (40) hours floating holiday time, eight hours each for: Lincoln's Birthday, Washington's Birthday, Admission Day, Columbus Day, and Veteran's Day. Employees may take floating holiday time at their discretion with the approval of the department head. B. Floating Holiday Use - If an employee uses floating holiday time before the holiday passes and subsequently leaves City service, he/she will be charged for such time. If an employee does not use his/her floating holiday time before June 30 of a fiscal year, he/she will lose such time. The smallest unit of time chargeable to floating holiday time is one half hour. 2.14 VACATION AND SICK LEAVE I. Definition - For the purpose of this section, the following definitions shall apply: A. "Continuous service" means City service uninterrupted by separation. B. "Intermittent service" means City service inter- rupted by separation. 10 I gO JOl80 C. "Time worked" includes actual time worked, holidays with pay, and leave of absence without pay (not to exceed one year) for which Workers Compensation is paid. It shall also include Saturdays, Sundays, or other regular days off which are immediately preceded or imme- diately followed by other time worked. D. "Active service" includes time worked, leave of absence without pay not to exceed 14 calendar days, and leave of absence not to exceed one (1) year for which Workers Compensation is paid. II. Vacation A. Vacation Accrual - Continuous service: Each em- ployee paid at a biweekly rate who has had continuous full-time active service throughout the year previous to that in which the vacation is requested shall be en- titled to an annual vacation with pay. The following provisions shall apply: (1) Employees will accrue 10 working days during the first year of service. This benefit will be accumulated at the rate of 3.07 working hours for each full biweekly pay period of service performed. Eligibility to apply for accrued vacation will be effective on the employee's one year anniversary date. (2) Employees will accrue and be eligible to receive 10 working days annually (cumulative to a total leave balance of 20 working days) during the second through fourth year of service. This benefit will be accumu- lated at the rate of 3.07 working hours for each full biweekly pay period of service performed. (3) Employees will accrue and be eligible to receive 15 working days annually (cumulative to a total leave balance of 30 working days) during the fifth through fifteenth year of service. The benefits will be accumu- lated at the rate of 4.60 working hours for each full biweekly pay period of service performed. (4) Employees will accrue and be eligible to receive 20 working days annually (cumulative to a total leave balance of 40 working days) during the sixteenth and suc- ceeding years of service. This benefit will be accumu- lated at the rate of 6.14 working hours for each full biweekly pay period of service performed. Maximum Vacation Accrual - At no time may an employee have more than two years of vacation leave accumulated. No credits shall be accrued above this limit and any time in excess of the two-year limitation will be lost. !6lgq B. Each employee who has had continuous part-time active service of 1040 hours or more throughout the year previous to that in which vacation is requested shall be entitled in each year to an annual vacation with pay. The number of working days of such annual vacation shall be computed on the basis set forth in Section A (1) and shall be in the proportion that such part-time employment bears to full-time employment. Each employee who has completed twelve months continuous part-time active service of 1040 hours or more, but who has not had continuous part-time active service through- out the year previous to that in which vacation is requested shall be entitled to a vacation with pay. The number of working days of such vacation shall be com- puted on the basis set forth in Section A (1) and shall be in the proportion that such part-time employment bears to full-time employment. C. Payment Upon Separation - At the time an employee who has served continuously for at least twelve months is separated from the City service, whether voluntarily or involuntarily, he/she shall be granted all of the unused vacation to which he/she is entitled based upon his/her active service in prior years, and, in addition, he/she shall be granted vacation based upon the length of his/her active service during the year in which the separation occurs and computed on the basis set forth in Section A (1). Where the total allowance ends with a fraction of a day, the vacation shall be computed to the nearest whole day, one half day being computed to the next whole day. D. Intermittent Service - After twelve months sub- sequent to the date of first employment by the City, each employee who has served intermittently shall be entitled in each year to vacation computed in the manner set forth in Section A (1), provided that such employee shall have worked at least 180 days in the preceding year before he/she shall become eligible for such vaca- tion. To receive vacation for intermittent service, the employee must work for the City during the year in which vacation is due, and while so working, must submit the proper request for vacation to the department or departments in which it was earned. Accumulative vacation privileges shall not be allowed for inter- mittent service. E. Vacation Use - Vacation leave balances shall be reduced for actual time not worked to the nearest quarter hour for reasons allowable under this section. Absence may not be charged to vacation not already accumula ted . III. Sick Leave A. Accumulated paid sick leave credit is to be used for the sole purpose of protecting the employee's wages in the event absence is made necessary because of disability due to injury or illness of the employee or members of his/her immediate family. B. Sick Leave Accrual - Computation of sick leave: Sick leave with pay is cumulative at the rate of 3.68 working hours for each biweekly pay period of service, 96 hours annually, beginning at the time of full-time probationary employment. A person who has held a posi- tion with temporary or interim status and is appointed to a position with probationary status, without a break in service, may have such time credited to sick leave upon the recommendation of the department head and Director of Personnel and with the approval of the City Manager. C. Maximum Sick Leave Accumulation - Unused sick leave may be accumulated in an unlimited amount. D. Sick Leave Use - Sick leave balances shall be reduced for actual time not worked to the nearest quarter hour for reasons allowable under this section. Absence for illness may not be charged to sick leave not already accumulated. E. Sick Leave Verification - The City may, in its dis- cretion, require a doctor's certificate and/or a personal sworn affidavit verifying the nature, severity and cause of the disabling injury or illness of the employee in order to determine eligibility for sick leave. If an employee is to be required to furnish a doctor's certificate, the employee shall be notified by his/her supervisor that a doctor's certificate shall be required when the employee notifies the City that he/she will be absent by reason of illness or disability. F. Bereavement Leave - When an employee with permanent status is compelled to be absent from work because of the death of an immediate family member, an immediate family member of the employee's spouse, or any other person defined by the Internal Revenue Service as a dependent, and after such employee makes written request and receives written approval from the department head, such employee may be allowed the privilege to be absent from work with full pay up to three (3) days, plus reasonable travel time. Travel time will be actual time used not to exceed five (5) calendar days. Paid leave of absence for family death shall be charged to sick leave. J ()(~cJ G. Sick Leave Reimbursement - (1) WCE members employed on June 30, 1979 or before and with five (5) or more years of service before separation from the City shall be allowed to receive twenty-five percent (25%) payment for up to 120 days of unused sick leave upon honorable separation from the City. The fifty percent (50%) survivor's benefit is also to be made available to the represented unit. (WCE members employed on June 30, 1979 or before and with five (5) or more years of service are not eligible for benefits under G (2), (3), (4), (5), and (6) except for the 50% survivor's benefit.) (2) WCE members employed after June 30, 1979 and using four (4) days of sick leave or less during the fiscal year shall have the option of converting twenty-five percent (25%) of their remaining yearly sick leave pay. (The provisions of G (1) shall not apply to WCE members employed after June 30, 1979.) (3) Pay shall be computed based on the following schedule and all computations shall be rounded to the nearest whole hour: Remaining Yearly Sick Leave Pay Option (25%) 12 days 3 days 11 days 2 days, 6 hrs. 10 days 2 days, 4 hrs. 9 days 2 days, 2 hrs. 8 days 2 days 7 days or less 0 (4) If the pay option is selected, the paid sick leave hours shall be subtracted from the employee's accumu- lated yearly sick leave balance. The remaining sick leave hours shall be carried over and accumulated. (Example: Employee uses 4 days sick leave. He then elects to receive pay for 25% of remaining days, or 2 days. The 2 days are subtracted from his remaining yearly sick leave and the other 6 days are added to the employee's accumulated sick leave balance.) (5) Payment will be made during the month of July of each year. Pay will be computed based on the employee's salary step on June 30. ! CJ/~ J (6) Payment will be made to an employee hired during the fiscal year provided he/she is on the payroll June 30. Permanent employees who retire during the fiscal year will be compensated under this plan based upon their formal retirement date. Prorated payment will be made to an employee who terminates during the fiscal year. However, in the event of the death of an individual while employed by the City, 50% of the employee's unused, accumulated sick leave will be paid to the appropriate beneficiary. 2.15 LEAVE OF ABSENCE An employee who is mentally or physically incapacitated to perform his/her duties, or who desires to engage in a course of study that will, in the judgment of the City, increase his/her usefulness on his/her return to the classified service or who, for any reason considered to be in the best interest of the City government by the appointing authority and the Director of Personnel, desires to secure leave from his/her regular duties may, on written request, subject to the recommendation of the Department Head and the Director of Personnel, and with the approval of the City Manager, be granted leave of absence without payor benefits for a period not to exceed one year. An employee asking for leave of absence without pay shall submit his/her request in writing stating the reasons why, in his/her opinion, the request should be granted, the date when he/she desires the leave to begin, and the probable date of his/her return. For each leave without pay, the Director of Personnel shall determine whether the employee granted such leave shall be entitled to his/her former position on his/her return from such leave or whether his/her name shall be placed on the reinstatement list for the class as provided for in the Civil Service rules. If a request for leave is denied, a copy of such request and the reasons for denial shall be sent to the Civil Service Commission. 2.16 MILITARY LEAVE Military leave shall be granted in accordance with the provisions of applicable State and Federal laws (California Military and Veteran's Code). 2.17 JURY DUTY Jury service or examination leave may be allowed for all full-time probationary or permanent status employees who are required by Court Order to attend Court as a prospective juror or serve as a juror, upon immediate presentation of written proof of the exact period of his/her required attendance or service to the department head and the Director of Personnel. The employee shall receive full pay during the period of such leave provided the money, except mileage or subsistence allowance, which he/she receives as a juror is deposited with the Director of Finance for credit to the proper fund. ! CJ (80 2.18 CAREER ADVANCEMENT The Junior Civil Engineer classification will be considered as career advancement to the Assistant Civil Engineer level. Employees will not be required to undergo a promotional exam but will qualify for certification upon (1) fulfillment of minimum qualifications and (2) forwarding of a positive recommendation by the relevant appointing authority. 2.19 LABOR-MANAGEMENT COOPERATION During the term of this agreement the City agrees to explore on- going relationships with this unit beyond the traditional negotiation process. The objective is to jointly develop and implement programs designed to improve City operations and enhance employee satisfaction. 3.01 PROHIBITED PRACTICES I. WCE pledges it shall not cause, condone or counsel its unit members or any of them to strike, fail to fully and faithfully perform duties, slow down, disrupt, impede or otherwise impair the normal functions and procedures of the City. II. Should any unit employees during the term of this Memo- randum of Understanding breach the obligations of Paragraph I, the City Manager or his designee shall immediately notify WCE that an alleged prohibited action is in progress. III. WCE shall forthwith, and in any event, within eight working hours disavow said strike or other alleged pro- hibited action, shall advise such members orally and in writing to immediately return to work and/or cease the prohibited activity and provide the City Manager with a copy of its advisement or, alternatively, accept the responsibility for the strike or other prohibited activity. IV. If WCE disavows the prohibited activity and takes all positive actions hereunder in good faith, the City shall not hold WCE financially or otherwise responsible. The City may impose such penalties or sanctions as the City may appropriately assess against the participants. V. Should WCE during the term of this Memorandum of Under- standing breach its obligations or any of them under this section, it is agreed that the City shall pursue all legal and administrative remedies available to the City that in its discretion it may elect to pursue. !OfYc) 3.02 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING I. This Memorandum of Understanding shall remain in full force and effect from July 1, 1980 up to and including 12:00 midnight of June 30, 1981. This agreement shall continue in effect year by year unless one of the parties notifies the other in writing no later than March 1, 1981 of its desire to commence negotiations on provisions of this agreement. Said notification shall include written proposals for such amended agreement and, upon receipt of such written notice and proposals, the City shall begin negotiations no later than thirty days prior to the expiration of this agreement. II. This MOU fully and completely incorporates the understandings of the parties hereto for the full term of this agreement, constituting the sole and entire understanding between the parties. It is further understood, however, that nothing herein prohibits the parties from changing and amending the terms of this MOU during the period of its effectiveness by further consultations or meet and confer sessions by mutual agreement. For example, matters subject to Meyers-Milias-Brown which are not covered in the MOU, may be acted upon by the City without mutual consent after meeting and conferring with affected employee groups. Nothing contained herein shall affect rights and privileges of parties as established by the laws of the State of California, as contained in the Government Code of the State of California under those provisions known as the Meyers-Milias-Brown Act, unless specifically referred to herein. III. The provisions of this Memorandum of Understanding shall be subject to Federal, State and local law. IV. If at any time during the term of this agreement, through causes beyond the control of the City, the City does not receive substantial sums of anticipated budgeted revenues by reason of governmental or Court action, then, in such event, the City reserves the right to reopen this Memorandum of Understanding and to meet and confer on all existing or new employment benefits provided herein. This section, however, in no way affects the existing right of the City to layoff em- ployees. /0/10 , 3.03 AID TO CONSTRUCTION OF PROVISIONS OF MEMORANDUM OF UNDERSTANDING I. It is intended by the parties hereto that the provisions of the Memorandum of Understanding shall be in harmony with the rights, duties, obligations and responsi- bilities which by law devolve upon the City Council, Civil Service Commission, City Manager and department heads, and these provisions shall be interpreted and applied in such manner. II. The lawful provisions of this Memorandum of Under- standing are binding upon the parties for the term thereof except as herein provided. 3.04 SAVINGS CLAUSE If any article or section of this Memorandum of Understanding shall be held invalid by operation of law or by any tribunal or competent jurisdiction or if compliance with or enforcement of any article or section shall be restrained by such tribunal, the re- mainder of this agreement shall not be affected thereby. The parties shall if possible meet and confer or meet and consult as the case may be for the purpose of arriving at a mutually satis- factory replacement for such article or section. I" ~ E. R. Asmus, Chief Negotiator City of Chula Vista ~~ ,-,Cine -. Cole, C i t.l :'VIanager City of Chula Vic;ta }{){ftJ