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HomeMy WebLinkAboutRESO 9194Resolution No. 9194 Resolution of the Council of the City of Palo Alto Amending Section 1401 of the Merit System Rules and Regulations Regarding the 2010-2011 Memorandum of Agreement between the City of Palo Alto and Service Employees International Union (SEIU) Local 521 to Extend the Term of the 2010-2011 Memorandum of Agreement for One Additional Year and Add a Provision for a Flexible Spending Arrangement The Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. amended to read as follows: Section 1401 of the Merit System Rules and Regulations is hereby "1401. Memorandum of agreement incorporated by reference. That certain memorandum of agreement by and between the City of Palo Alto and Local 521 , SEIU, consisting of a Preamble and Articles I through XXVII and Appendices A through I, attached thereto and incorporated therein, for a term commencing July 1,2010, and expiring June 30, 2011, as amended to extend the term for one year through June 30, 2012 and add a provision for a Flexible Spending Arrangement, is hereby incorporated into these Merit System Rules and Regulations by reference as though fully set forth herein. Said memorandum, as amended, shall apply to all employees in classifications represented by said Local 521, SEIU, except where specifically provided otherwise herein. In the case of conflict with this chapter and any other provisions of the Merit System Rules and Regulations, this chapter will prevail over such other provisions as to employees represented by said Local 521." SECTION 2. The Memorandum of Agreement ("MOA") incorporated into the Merit System Rules and Regulations by Section 1 of this Resolution amends the MOA incorporated into the Merit Rules by Resolution No. 9087 by incorporating the side letter set forth in Exhibit "A," attached hereto and incorporated herein by reference. SECTION 3. The changes provided for in this resolution shall not affect any right established or accrued, or any offense or act committed, or any penalty of forfeiture incurred, or any prosecution, suit, or proceeding pending or any judgment rendered prior to the effective date of this resolution. II II II 110718 sh 8261650 1 ** NOT YET APPROVED ** Resolution No. ----Resolution of the Council of the City of Palo Alto Amending Section 1401 of the Merit System Rules and Regulations Regarding the 2010-2011 Memorandum of Agreement between the City of Palo Alto and Service Employees International Union (SEIU) Local 521 to Extend the Term of the 2010-2011 Memorandum of Agreement for One Additional Year and Add a Provision for a Flexible Spending Arrangement The Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. amended to read as follows: Section 1401 of the Merit System Rules and Regulations is hereby "1401. Memorandum of agreement incorporated by reference. That certain memorandum of agreement by and between the City of Palo Alto and Local 521 , SEIU, consisting of a Preamble and Articles I through xxvn and Appendices A through I, attached thereto and incorporated therein, for a tem commencing July 1, 2010, and expiring June 30, 2011, as amended to extend the tefII!. for one year through June 30, 2012 and add a provision for a Flexible Spending Arrangement, is hereby incorporated into these Merit System Rules and Regulations by reference as though fully set forth herein. Said memorandum, as amended, shall apply to all employees in classifications represented by said Local 521, SEIU, except where specifically provided otherwise herein. In the case of conflict with this chapter and any other provisions of the Merit System Rules and Regulations, this chapter will prevail over such other , provisions as to employees represented by said Local 521." SECTION 2. The Memorandum of Agreement ("MOA") incorporated into the Merit System Rules and Regulations by Section 1 of this Resolution amends the MOA incorporated into the Merit Ru1es by Resolution No. 9087 by incorporating the side letter set forth in Exhibit "A," attached hereto and incorporated herein by reference. SECTION 3. The changes provided for in this resolution shall not affect any right established or acCrued, or any offense or act committed, or any penalty offorfeiture incurred, or any prosecution, suit, or proceeding pending or any judgment rendered prior to the effective date of this resolution. II II II 110718 sh 8261650 1 ** NOT YET APPROVED ** SECTION 4. The Council finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: AYES: NOES: r ABSENT: ABSTENTIONS: ATTEST: APPROVED: City Clerk Mayor ApPROVED AS TO FORM: / City Manager Senior Deputy City Attorney Director of Administrative Services Director of Human Resources 110718 sh 8261650 2 ** NOT YET APPROVED ** EXHIBIT" A" Side Letter to the 2010-2011 Memorandum of Agreement 110718 sh 8261650 SIDE LETTER TO EXTEND THE 2010-2011 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PALO ALTO AND SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 521 BY ONE YEAR WHEREAS, on August 2, 2010 the City Council approved a Memorandum of Agreement ("MOA") between the City of Palo Alto ("City") and the Service Employees International Union Local 521· (SEIU) (collectively referred to as the "Parties") for the period of July 1, 2010 through June 30, 2011; and WHEREAS, in Spring 2011 the City and SEIU discussed adding another year to the contract; WHEREAS, SEID members voted to ratify a one-year rollover with the existing terms and provisions below. NOW, THEREFORE, SEIU and the City agree as follows: Section 1. The term of the existing MOA between the City and SEIV shall be extended for a period of. one year and Artiqle XXVI of the MOA("Term") is hereby modified to read as follows: The Term of this Memorandum of Agreement shall commence on July 1,2010, and shall expire on June 30,2012. Either party may serve written notice upon the other party during the period between ninety (90) and sixty (60) days prior to June 30, 2012, of its desire to amend this Memorandum· of Agreement. If, at the time this Memorandum of Agreement would otherwise terminate, the parties are negotiating a new Memorandum of Agreement, upon mutual agreement the terms and conditions of this Memorandum shall continue in effect. Section 2. SEIV employee participation in Medical Flexible Spending Account. Within 120 days of Council adoption of this Side Letter Agreement, the City will develop and present a program to SEIU to .provide employees in this unit. to voluntarily fund their own Medical Flexible Spending Account (the "FSA"). SEIU agrees that implementation, administration, and all other costs associated with implementing and providing the FSA on an ongoing basis shall be paid by employees with no cost to the City. SEIU further understands and agrees that FSA plans are subject to federal law arid Internal Revenue Service ("IRS") rules and regulations and that all matters related to the FSA shall be excluded from the grievance requirements of this MOA. 1