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CC Resolution No. 3674 ~ RESOLUTION N0. 3674 A RESOLUTION OF THE CI7'Y COUNCIL OF THE CITY OF CUPERTII~O RATIFYIN~G THE PROVISIONS OF A MEMORANUUM OF UNDERSTANDING BETWEEN THE ~CTTY AND MR: KEN"McK~E,`AN'EMPLbYEE OF TH~ CITY OF CUPERTINO WHEREAS, the Personnel Code of t~e City of Cupertino provides for representatives of the employees of the City of Cupertino and representatives . of management of the City of Cupertino to meet and confer in good faith on matters of .employment as permitted 'by the said Personnel Code; and ~ WHEREAS, Mr. Ken r4cKee, repr~senting himself has requested the City to make certain modifications to various cond3.tions of employment; and WHEREAS, members of City management, through the designated Municipal F.nnployee Relat3ons Officer. have met on more than one occasion with Mr. Ken~ McKee, wherein discussions and n~gotiations were held on the said request of the employee; anc~ WHEREAS, a Memorandum of Und~rstanding s3.gned by the parties thereto, attesting to their mutual. agreement as to its contents and prov3sions, has been submitted to the C3ty Council ~or ratification and implementation; NOW, THEREFORE. ~E IT R~SOLVEb tha~ the City Council of the City of Cupertino does 'hereby ratify the attache~ Memorandum of Understanding between the City of Cupertino and Mr. Ken McKee, representing lii:msel•f~; which•~memorandum is dated May 31, 1974. NOW, TH~REFORE, B~ IT FURTHER R~SOLV~D that the provisions of this Memorandum of Understanding sha11 take effect on and after July 1, 1974 and shall be terminated June 30, 1975. The City Manager is here~y directed to implement the provisions of the said Memora~ndum of Understanding. PASSEll AND ADOPTED at a regular meeting of the City Council of the City nf Cupertino on the 4th c~ay of June, 1974. Vote Members of the C3ty Council AYES: Frolich, Jackson, Meyers, Nellis, Sparks NOES: None ABSEN'T: None ABSTAIN: None APPROVED: ~ /s/ Reed Snarks Mayor, City of Cupertino ATTEST: /s/ Wm. E. Rvder City Clerk ' MEMpRANDUM 0~ UNDERSTANDING This Memorandum of Understanding is entered into this 31st day of May, 1974 by and between the City of Cupertino, a Municipal Corporation hereinafter referred to as the "City", and Mr. Ken McKee, an employee of the City of Cupertino. WHEREAS, Mr. Ken McKee has chosen to represent himself, pursuant to State statutes and Section 2.52.300 of the Cupertino Municipal Code, in those matters of employer-employee relations within the scope of the Meet and Confer process; and WHEREAS, there has been more than one meeting between the Personnel Director, representing the Municipal Employee Relations Officer, and Mr. Ken McKee, repre- senting himself, wherein discussions and negotiations were held on the salary and supplemental benefits proposal from July 1, 1974 through June 30, 1975, as submitted to the City by Mr. Ken McKee; NOW, THEREFORE, the parties hereto have reached this agreement: Section 1. The City shall take immediate action for the adoption of a Schedule of Pay Grades reflecting an increase of 7.5% for each step in the applicable pay grade. The effective date of the revision to the Schedule of Pay Grades irrespective of the date on which it may be processed or otherwise approved by resolution of the City Council shall ~be June 26, 1974. Section 2. Pursuant to Section 10.6 of the Rules, the City shall continue to provide group hospitalization and medical insurance under which employees and their dependents may be covered. The cost of the premiums for the insurance provided under such programs shall be the responsibility of the employee for himself and dependents. The City will, however, pay the cost of the premiums for the employee or for the employee and his dependents, providing the maximum of sucli City-~aid premium shall not exceed $37.50 per month per covered employee. The contribution by the City toward the payment of an employee's hospital and medical insurance program shall be made in accordance with the provisions of the contract.•between the City and the Public Employees' Retirement System insofar as eligibility of coverage is concerned. ~ The City shall pay the full cost of a group life insurance program of $3,000 term insurance per employee. Section 3. Pursuant to Section 10.6 of the Rules, the City shall provide in addition to the aforementioned group hospitalization and medical insurance . program a program of dental insurance coverage as offered by California Dental ,Service and known as Incentive Program A. Said program shall include coverage for orthodontics as an available option and for the payment of the prescribed additional premium therefor. The cost of the premiums for the insurance pro- vided under said program shall be paid by the City for the employee and his dependents. The effective date of said program shall be July 1, 1974 or as soon thereafter as an agreement with California Dental Service can be concluded. Section 4. The City agrees to compensate scheduled, miscellaneous duties performed on holidays and weekends as an employee of the Water Utility Division, Department of Public Works, at the rate of three (3) hours per day, computed in accordance with the rules on overtime. Duties and responsibilities for those scheduled assignments shall include, but are not limited to, the checking of wells, pump stations and tanks and other inspection duties necessary for water utility operation. In the event emergency situations arise during the term of such scheduled holiday and weekend duties, the employee shall be subject to call out for such corrective or preventive work as may b'e required to alleviate the emergency condition, and shall be compensated in accordance with the rules on overtime for work so performed. - 2 - Section 5. The City shall take immediate action to amend Section 8.1 of the Rules by adding thereto a provision designating Admission Day as an official City holiday and non-work day. Section 6. It is not the intent of the parties hereto to violate rules or regulations of any governmental authority or agency having jurisdiction of the subject or this Memorandum of Understanding and the parties hereto agree that in the event that any provision of this agreement is finally held or deemed to be illegal or void as being in contravention of any such law, rule or regulation, the remainder of the agreement shall continue in full force and effect unless the parts so found to be void are held inseparable from the remaining portion of the agreement. Section 7. This Memorandum of Understanding shall become effective July l, 1974 and shall terminate June 30, 1975. FOR THE CITY OF CUPERTINO ~ Municipal Employee Relations Of icer Ken McKee Personnel irector - 3 -