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CC Resolution 1997-051O RESOLUTION NO. 97-51 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 LQCEA), COMMENDING ON JULY 1, 1997, AND TERMINATING ON JUNE 30, 1998. WHEREAS, the City of La Quinta, hereinafter referred to as City3', 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 Section 3500, as amended; and WHEREAS, The City and the Association have signed a Memorandum of Understanding for the period commencing on July 1, 1 997, and terminating June 30, 1998. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA QUINTA AS FOLLOWS: SECTION 1 The City does hereby 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 Association, attached hereto and executed on June 1 7, 1 997, 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 by the City Council of the City of La Quinta, California this 1 7th day of June, 1 997 by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None GLENDA L. HOLT, M; City of La Quinta, California BIB] 09-03-1998-U01 09:05:10AM-U01 ADMIN-U01 CCRES-U02 97-U02 51-U02 OATTEST: AUNDRA L. JUHOLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. HONEYWELL, City Attorney City of La Quinta, California BIB] 09-03-1998-U01 09:05:10AM-U01 ADMIN-U01 CCRES-U02 97-U02 51-U02 O EXHIBIT A" MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding Memorandum") 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 Meyer-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 the Memorandum. The City and the Association therefore agree as follows: SECTION 1: TERM This Memorandum shall take effect on July 1, 1 997 and shall remain in effect through and including June 30, 1 998. SECTION 2: SALARY The Schedule of Salary Ranges Attachment #1) shall be in effect during the entire term of this Memorandum. The schedule provides a 1.25% Cost of Living Adjustment I Increase to all salary ranges. SECTION 3: HEALTH CARE AND DISABILITY COVERAGE During the entire term of this Memorandum, the City and the employees shall contribute per month the following amounts toward health care insurance; BIB] 09-03-1998-U01 09:05:10AM-U01 ADMIN-U01 CCRES-U02 97-U02 51-U02 O City Employee Group Medical Dental, Vision, and Contribution Contribution Life Insurance Employee Only $283.92 0 Employee and Dependents $639.56 $45.30 The employee contribution shall be paid by a 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. Infertility benefits will no longer be included in the coverage. SECTION 4: EDUCATIONAL INCENTIVE PROGRAM All employees, with prior approval of the City Manager, will be reimbursed for costs of books, tuition and lab fees for classes or instruction, provided such classes or instruction are determined by the City Manager to be related to the employees assigned duties with the City. The total of such reimbursements for all employees shall not exceed $5000 during the term of this Memorandum. Reimbursement will be made only after an employee has satisfactorily completed the class or workshop with the grade of a C" or better or equivalent completion and that evidence of same has been submitted and approved by the City Manager. SECTION 5: MANAGEMENT RIGHTS Except as limited by the terms of this Memorandum of Understanding, the City retains the sole and exclusive right to manage its operations and direct its workforce using any or all of the power 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 performed currently by employees in the classifications covered by this Memorandum; to establish work standard and levels of required performance; to utilize part-time or temporary employment; to pay wages and benefits in excess of those BIB] 09-03-1998-U01 09:05:10AM-U01 ADMIN-U01 CCRES-U02 97-U02 51-U02 O required by this Memorandum; 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 Memorandum. In the event of an emergency, the City may amend, modify, or rescind any provision of the Memorandum. Such amendment, modification, or recision shall 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. SECTION 6: 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 consideration made unlawful by federal state or local laws. Any personnel actions based upon these factors violate this Agreement and are unlawful. Further, the City shall not discriminate against any employee for his/her activity on behalf of his/her membership in any Employee Association, or Group. BIB] 09-03-1998-U01 09:05:10AM-U01 ADMIN-U01 CCRES-U02 97-U02 51-U02 OSECTION 7: HOURS Employee hours of work shall be as stated in the Personnel Policies which have been adopted by the City unless superseded as provided herein. SECTION 8: HOLIDAYS City paid holidays shall be as provided in the Personnel Policies unless superseded as provided for herein. SECTION 9: VACATION 9.1 Accrual: Vacation accrual shall be as provided in the Personnel Policies unless superseded as provided for herein. 9.2 Buy-Back: Vacation buy back shall be as provided in the Personnel Policies unless superseded as provided for herein. SECTION 10: SICK LEAVE Sick leave shall be accrued as provided in the Personnel Policies unless superseded as provided herein. SECTION 11: BILINGUAL COMPENSATION The City agrees to amend the Personnel Policies to include a bilingual compensation provision as contained in Attachment 2. SECTION 12: COMPUTER PURCHASE PROGRAM The City agrees to initiate a computer purchase program as contained in Attachment 3, and to fund the program in the amount of $29,750 for Fiscal Year 1997/98. BIB] 09-03-1998-U01 09:05:10AM-U01 ADMIN-U01 CCRES-U02 97-U02 51-U02 O SECTION 13: SOLE AND ENTIRE AGREEMENT It is the intent of the parties hereto that the provisions of this Agreement shall supersede all prior agreements and memoranda of agreement, or memoranda of understanding, or contrary salary and/or personnel rules and regulations or administrative codes, provisions of the City, oral and written, expressed or implied, between the parties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted hereunder. This Agreement is not intended to conflict with federal or state law. The Association and the City agree that all personnel rules not specifically included in the MOU shall be incorporated by reference herein. The City reserves the right to add to, modify or delete from the Personnel Rules subject to its obligations under the Meyer-Milias- Brown Act. SECTION 14: WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT During the term of this Agreement the Association agrees that it will not seek to negotiate or bargain with regard to wages, hours, and terms and conditions of employment, whether or not covered by this Memorandum or in the negotiations leading thereto, unless required by specific provisions of this Memorandum, and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the negotiations leading to this Memorandum. Regardless of the waiver contairied in this section, the parties may, however, by mutual agreement, in writing, agree to meet and confer about any matter during the term of this Memorandum. BIB] 09-03-1998-U01 09:05:10AM-U01 ADMIN-U01 CCRES-U02 97-U02 51-U02 OThis Memorandum is hereby executed and or ratified this day of 1 997 by and between the following authorized representatives of the City and the La Quinta City Employees' Association. CITY OF LA QUINTA Dated: 1997 By Glenda L. Holt, Mayor LA QUINTA CITY EMPLOYEES' ASSOCIATION Dated: 1997 Negotiating Committee: BIB] 09-03-1998-U01 09:05:10AM-U01 ADMIN-U01 CCRES-U02 97-U02 51-U02