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CC Resolution 2018-034 LQCEA MOURESOLUTION NO. 2018 - 034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES' ASSOCIATION WHEREAS, the City of La Quinta, hereinafter referred to as "City" and the La Quinta City Employees' Association, the recognized organization representing its members, hereinafter referred to as "Association," have met and conferred over wages, hours, terms, and conditions of employment pursuant to Government Code 3500, as amended; and WHEREAS, the City and the Association have negotiated a 3-Year Memorandum of Understanding for the period commencing on July 1, 2018, and terminating June 30, 2021, as set forth in "Exhibit A"; and WHEREAS, the City and the Association have agreed upon a Salary Schedule effective June 25, 2018, as set forth in "Exhibit B"; and WHEREAS, the City and the Association have agreed upon an updated Tuition Reimbursement Policy, as set forth in Exhibit C; and WHEREAS, the Association ratified the Memorandum of Understanding on June 7, 2018. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City .does hereby ratify and approve, ratify and authorize implementation of each economic and non -economic benefit and right set forth in the Memorandum of Understanding between the City and the Association, attached and incorporated herein as "Exhibit A" and said to the extent the City may legally do so in accordance with the time constraints of said Memorandum of Understanding. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 19th day of June, 2018, by the following vote: AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans NOES: None ABSENT: None Resolution No. 2018-034 LQCEA MOU Adopted: June 19, 2018 Page 2 of 2 ABSTAIN: None C LINDA EVANS, Mayor City of La Quinta, California ATTEST: MONIKA RADEJA, ACt{A City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of Lo Quinta, California EXHIBIT A RESOLUTION NO. 2018-034 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is made and entered into by and between the CITY OF LA QUINTA ("City") and the LA QUINTA CITY EMPLOYEES' ASSOCIATION ("Association"). WHEREAS, the City and the Association have met and conferred in good faith with respect to the wages, hours, and terms and conditions of employment of City employees and all other subjects within the scope of bargaining under the Meyers- Milias-Brown Act (Government Code Section 3500, et seq.), and have reached an agreement that they wish to set forth in writing in the form of this MOU; NOW, THEREFORE, the City and the Association agree as follows: SECTION 1: TERM This MOU shall take effect on July 1, 2018, and shall remain in effect for three (3) years through and including June 30, 2021. SECTION 2: SALARY The 2018/19 Salary Schedule reflects the 2018 Compensation Study Report completed by Arthur J. Gallagher & Co. agreed upon by the City and Association. The Salary Schedule is attached hereto as Exhibit 1, and by this reference made a part hereof, shall become effective on July 1, 2018, and shall remain in effect during the full term (July 1, 2018 through June 30, 2021) of this MOU, unless modified in writing by mutual agreement of both parties. The parties agree to meet and confer during this term to discuss adding MOU consolidated language and Personnel Policy updates. Parties agree to meet and confer annually in April during the term of this MOU. Salary range adjustments will be based on the World at Work ("WOW") projections to determine an appropriate salary range increase recommendation, which is subject to Council approval. SECTION 3: PAY FOR PERFORMANCE CLASSIFICATION AND COMPENSATION SYSTEM A. Pay for Performance Compensation Methodology. Pay increases retroactive to July 1 shall be based upon individual performance review ratings for the year ending June 30 as follows: 2018/19 MOU 1 Overall Performance Rati NEEDS IMPROVEMENT If more than 2 steps below the job rate: No increase If only one step below the job rate: No increase If at or above job rate: No increase SUCCESSFUL EXCEEDS I 2 ste 1 step 1 step plus Award *Year 1: Award **Year 2: One No increase Performance Step *The City agrees to accept the Exceeds ratings from 2017 as Year 1. **If year 2 is a Successful rating and there is an extenuating circumstance, the City agrees to take the Year 3 Exceeds into consideration for a Performance Step. The City Council has the discretion to establish the total performance pool for all City of Lo Quints employees for performance evaluations. B. Market Survey. The parties agree to a full market survey performed by Arthur J. Gallagher & Co. prior to June 30, 2021, and every 3'd year thereafter. Recommendations from Arthur J. Gallagher & Co. will be considered for potential adjustments to the existing salary ranges based on the market survey data. Any adjustments made to the existing salary ranges shall be considered PERSable adjustments. C. Overall Performance Evaluation Ratings. City shall provide the Association with the overall performance evaluation ratings only (no employee names), identifying the number of ratings falling into each rating category, no later than October 31 each year. D. Request for Reconsideration of Performance Evaluation Ratin . City and Association agree to follow the guidelines provided in the "Request for Reconsideration of Performance Evaluation Rating" as the basis for reviewing performance evaluation ratings of employees who choose to utilize same. These guidelines in no way alter the Personnel Policies Section 12.10.2, which states performance evaluations are not grievable. SECTION 4: MEDICAL, DENTAL, VISION AND LIFE INSURANCE COVERAGE Effective January 1, 2018, the parties agreed to the maximum contribution by the City of $1,668 per month. The parties further agree to reopen negotiations in August 2018, August 2019, and August 2020 in order to meet and confer on the amounts paid by the City and employees for insurance coverage for the next calendar year. A. Contributions. The employee contribution for insurance coverage shall be paid by payroll deduction as a condition of enrollment and continuous insurance coverage. The benefits, terms and conditions of coverage shall be governed by the formal plan documents. 2018/19 MOU -2- B. Opt -out of City Coverage. Personnel Policy Section 14.05 states that an employee who provides the City evidence of medical insurance under a separate policy and requests to be deleted from the City's coverage shall receive $250 per month as an in lieu payment. Should such other coverage subsequently be unavailable to the employee, the employee shall have the right to seek reinstatement to coverage under the City's policy upon written request. In such a case, the City shall reinstate the employee's coverage and cancel the in lieu payment if reinstatement is permitted under the provisions for reinstatement then in effect with the City's health insurance provider. C. Flexible Spending Plan. The City has implemented a Flexible Spending Plan through Total Administrative Services Corporation (TASC) for interested employees. The City has paid the initial one-time enrollment fee of $350 and will pay the $15 per employee enrollment fee for new employees who elect to join, and those employees who participate will pay the monthly administration fee and optional medical reimbursement debit card fee through payroll deduction. SECTION 5: EDUCATIONAL INCENTIVE PROGRAM Section 15.25 The City's Personnel Policy will be updated to reflect that all employees are eligible for tuition reimbursement at a maximum of $3,500 per Fiscal Year not to exceed a total annual budget of $52,500. SECTION 6: MANAGEMENT RIGHTS Except as limited by the terms of this MOU, the City retains sole and exclusive right to manage its operations and direct its work force using any or all of the powers and authority previously exercised or possessed by the City or traditionally reserved to management, including but not limited to the right to determine its organization and the kinds and levels of services to be provided; to direct the work of its employees; to assign work from one classification of employees to another, including work currently performed by employees in the classifications covered by this MOU; to establish work standards and levels of required performance; to utilize part-time or temporary employees; to pay wages and benefits in excess of those required by this MOU; to select, modify, alter, abandon, or modernize methods of conducting its operations; to build, move, modify, close, or modernize facilities, machinery, processes, and equipment; to establish budgetary procedures and allocations; to determine methods of raising revenues; to sublet and subcontract work except work currently performed by City employees; to take all necessary action in the event of an emergency; to establish and amend rules of conduct and to impose discipline and discharge; to establish and amend rules for safety and health; to select, hire, classify, reclassify, assign, evaluate, transfer, promote, demote, upgrade, downgrade, reprimand, discipline, suspend, discharge, lay off, and rehire employees; to determine job content and to create, combine or modify job classifications and rates or classes of pay; and to exercise all other customary powers and authority of management, regardless of whether the City has exercised such power previously. Nothing in this provision shall be construed to restrict grievances concerning any part of this MOU. In the event of an emergency, the City may amend, modify or rescind any provision of the MOU. Such 2018/19 MOU -3- amendment, modification or rescission shot[ remain in force only for the period of the emergency. The City shall have the sole and complete discretion to declare that an emergency exists for the purposes of this Section. City retains the right to reopen negotiations during the term of this MOU for the purpose of meeting and conferring on implementation of furlough days. SECTION 7: NON-DISCRIMINATION All personnel decisions and actions, including but not limited to appointments, promotions, demotions, transfers, layoffs, and discharges, shall be made without regard to race, color, creed, sex, marital status, age, national origin or ancestry, physical or mental disability, medical condition, sexual orientation, or any other unlawful consideration. Further, the City shall not discriminate against any employee based upon his/her activity on behalf of his/her membership in any employee association or group. SECTION 8: HOURS Employee hours of work shall be as stated in the City's Personnel Policies unless superseded as provided in Section 14 herein. SECTION 9: HOLIDAYS Holidays shall be recognized as provided in the City's Personnel Policy. SECTION 10: VACATION Vacation accrual shall be as provided in the City's Personnel Policies unless superseded as provided herein. SECTION 11: SICK LEAVE Sick leave shall be accrued as provided in the City's Personnel Policies unless superseded as provided herein. SECTION 12: Ca[PERS RETIREMENT A. Employer/Employee Obligations. For purposes of the City's election to pay to the California Public Employees' Retirement System (CaIPERS), effective July 1, 2013, the City shall pay to CalPERS on behalf of each full-time, regular employee, the required employer contribution, and an amount equal to 0% of the required member contribution to CalPERS. Effective July 1, 2013, each full-time, regular employee shall pay an amount equal to 100% of the required member contribution to CalPERS, not to exceed eight percent (8%). B. Public Employees' Retirement System PERS Retirement Formulas for New Hires. Any employee hired on or after January 1, 2013 shall be subject to the following retirement formulas with the retiree's annuity based on the average of the employee's three (3) highest paid consecutive years, in accordance with the City's contract with PERS and the Public Employees' Pension Reform Act of 2013 (PEPRA): Classic Employees (current PERS members) hired on or after January 1, 2013: 2% @ 60 New Employees (new PERS members) hired on or after January 1, 2013: 2% @ 62 2018/19 MOU -4- C. Unused Sick Leave Election. Government Code Section 20965 and the City's contract for retirement benefits with CalPERS permits conversion of unused sick leave to service credit, pursuant to certain restrictions. Upon retirement, employees are required to complete the "Unused Sick Leave Election Form" prior to receiving their final paycheck. Upon retirement, employees will have the option of selecting one of the following: (1) receiving payout for the full amount of unused sick leave (pursuant to the payout schedule contained in Personnel Policy Section 14.20.4, as amended by this MOU); (2) receiving payout for a set amount of unused sick leave, and requesting conversion to service credit of the remainder; or (3) converting the entire amount of unused sick leave to service credit, waiving their right to a payout for unused sick leave. SECTION 13: COMPUTER LOAN PROGRAM The City agrees to continue the Computer Loan Program (Program) and to fund the Program in the amount of $17,500 for the term of this MOU at a maximum of $1,750 per employee. Any employee who has participated in the Program and has paid his/her loan in full may participate again if there is money available after those employees who have not previously participated have been funded. SECTION 14: ALTERNATE WORK WEEK SCHEDULE The City and Association agree to continue the Alternate Work Week Schedule ("AWWS"), utilizing a 9/80 schedule, whereby employees may elect to participate in the AWWS by working eight 9-hour days and one 8-hour day, with every other 8-hour day off. The AWWS will continue for the term of this MOU, or until cancelled by Management, whichever occurs sooner. SECTION 15: EMPLOYEE FITNESS MEMBERSHIP SUBSIDY AT LA QUINTA WELLNESS CENTER OR DESERT RECREATION DISTRICT FITNESS CENTER The City agrees to subsidize the cost of membership at either the La Quinta Wellness Center or the Desert Recreation District's Fitness Center. City employees may submit their paid receipt for La Quints Wellness Center or Desert Recreation District membership to the City's Finance Department for reimbursement of $40 toward their annual membership fee. SECTION 16: PERFORMANCE REVIEWITRANSPARENCY PROCESS The City agrees to the following with regard to the performance review and transparency process: 16.1 Review Period: Annual Performance Reviews will be completed between July 1 and September 30 for the previous fiscal year ending on June 30. 16.2 Association Survev: Association may survey its members for input regarding the performance review process and may provide survey results to City for consideration. Any changes to the Performance Evaluation form shall be a subject of the meet and confer process. 2018/19 MOU -5- 16.3 Labor/Management Committee: City and Association agree to form a Labor/Management Committee (LMC) that may meet three (3) times per year at the request of either party to address concerns regarding employee relations. The LMC is not authorized to change the MOU or to settle any grievance being processed under the MOU. SECTION 17: SOLE AND ENTIRE AGREEMENT It is the intent of the parties hereto that the provisions of this MOU shall supersede all prior agreements, memoranda of agreement or memoranda of understanding, or contrary salary and/or personnel rules and regulations, administrative codes, provisions of the City (other than the Municipal Code), whether oral or written, expressed or implied, between the parties, and shall govern the entire relationship and be the sole source of any and all rights which may be asserted hereunder. This MOU is not intended to conflict with federal or state law. The Association and the City agree that all personnel rules not specifically included herein shall be incorporated herein by this reference. The City reserves the right to add to, modify or delete from its Personnel Policies, subject to its obligations under the Meyers-Milias-Brown Act. SECTION 18. WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT During the term of this MOU, the Association agrees that it will not seek to negotiate or bargain with respect to wages, hours and terms and conditions of employment, whether or not covered by this MOU or in the negotiations preceding execution of this MOU, except as required by specific provisions of this MOU. Despite the terms of this waiver, the parties may, by mutual agreement, agree in writing to meet and confer concerning any matter during the term of this MOU. This MOU is hereby executed by the parties hereto as set forth below. CITY OF LA QUINTA Linda Evans, Mayor DATED: °t� i , 2018 j►ii � � 2018119 mou -6- LA QUINTA CITY EMPLOYEES' ASSOCIATION Rodarte, President DATED: 12-1J��,2018 APPROVED AS TO FORM: liam H. 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U N e c- E o 0 a c c p Itl c E C O O U O N E o E c Y d g o y `o_ C E o �'� u O '0 0 Lf W a 6 n o .E o 0 o a m UIi2f aIn n u 1n o. l�imu2f ao_cnL:i y v �b �a t O ^: O N C 1 N rl IwN00 �O n .� H N N T r N N N N Lf� II1 l0 m �"I NNNV�N � uOi d 1^fld N l G O l G M 1 N e-I N N T � 11101� n N T 01 I 1I1 l ./� VINNN 0 1 R� .T D 0 0 0 0 0 1 .� VQi S O u'i 0 0 1iI O O N N r, aTiT` o0 o o o Ol 01 01 O� Ol ❑ 0 0 0 O y m E f g f g f u OHNN """ � aaaaa -x Q4mm c t- o r c = a c E u NLC ..ice OV cE E Z cc ��NS� s f c�i'�•cLrN Q« oaE �ooco$E o+ I o =vocJay o o VN'o Q EN 6Cu`V VV2LLc�arndca m 0 0 a° EXHIBIT C RESOLUTION NO. 2018-034 SECTION 15: TRAINING AND TRAVEL 15.05 TRAINING: The City recognizes the importance of employee development and training in an effort to improve the capabilities and effectiveness of City personnel. Training shall be geared to both organizational improvement and individual employee development. This development shall not only be the responsibility of the Department Directors or Supervisors, but shall be shared with employees in a total organizational effort. 15.10 IN-HOUSE TRAINING: Employees who have training, knowledge or expertise in a subject area, or have recently attended a seminar or conference in a given subject matter, may be asked to share this information with other employees. Such in-house training may be informal or formal, depending upon the nature of the training, and can include any variety of topics. 15.15 DEPARTMENT TRAINING: City departments and divisions are encouraged to offer specialized training to their employees. Such training shall be the responsibility of the Department Director and may include topics such as safety, equipment operation and other training in their specific fields of responsibility. 15.20 SEMINARS AND CONFERENCES: Employees may attend seminars or conferences covering current issues and areas relevant to their positions under the following conditions: 15.20.1 Employees must submit their request on forms prescribed by the Finance Department and follow all applicable procedures. 15.20.2 Budgeted funds must exist for all such training and any travel. All travel that requires travel authorization must have City Manager and/or City Council approval. 15.20.3 Employees must comply with the City's Administrative Travel and Expense Policy and provide necessary receipt documentation. 15.20.4 Employees who have recently achieved such training must be willing to provide "in-house" training to other employees, if requested. 15.25 TUITION REIMBURSEMENT: Subject to Department Director and Employee Relations Officer (or designee) approval, employees may attend and be reimbursed for the cost of educational courses taken at an accredited college or university which provide a benefit to the City as set forth in the MOU between the City and the La Quinta City Employees' Association Any education that is a requirement for continuation of employment or is an identified part of a job evaluation shall be paid for by the City. Reimbursement will be made only after an employee has satisfactorily completed the class or workshop with the grade of "B" or better and evidence of same has been submitted and approved by the Employee Relations Officer. The general rule is that an employee must be employed at the time he/she starts and completes the class or workshop in order to be reimbursed. If an employee resigns or retires his/her employment with the City or is terminated for disciplinary reasons within two (2) years of receiving reimbursement under these provisions, employee shall reimburse the City for all monies paid him/her for educational reimbursement received dating back two (2) years from his/her termination date. If an employee has followed the foregoing requirements for reimbursement and, through no fault of his/her own, is laid off before completion of the approved class or workshop, the employee will continue to be eligible for reimbursement even though he/she is no longer employed by the City. No employee will be eligible for reimbursement for any class or workshop taken after the employee has been given a written notice of layoff, notice of termination for failing to pass the probationary period, or notice of intent to terminate employment for cause. Required forms must be completed and necessary documentation (receipts and grades) must be provided in order to receive reimbursement. Final and conclusive determinations of the reimbursement amount shall be made by the Employee Relations Officer after review of the request and recommendations by the Department Director and the Employee Relations Officer. There is no mileage reimbursement for travel to and from educational classes.