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HomeMy WebLinkAboutResolution No. 93-C089RESOLUTION NO. 93—C89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING SIDE LETTERS OF AGREEMENT AND AMENDING RESOLUTIONS SETTING FORTH . BENEFITS FOR NON - REPRESENTED CLASSIFIED EMPLOYEES EFFECTIVE JULY 1, 1993. THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: SECTION 1. Whereas, the City was developing its budget for Fiscal Year 1993- 94 which budget process was directly impacted by the State of California, causing the City to delay the finalization of its own its own budget; and SECTION 2. Whereas, because there was uncertainty as to the development of the City's budget, the City was unable to meet -and -confer to consider requests for increases in compensation; and SECTION 3. Whereas, existing Memoranda of Understanding and Compensation & Benefits Resolutions have expired; and SECTION 4. Whereas, employee bargaining unit representatives have signed Side Letters of Agreement which extend the contracts and modify certain benefits; and it is also appropriate to amend the benefits for non -represented classified middle management and executive employees; SECTION 5. Now, therefore, be it resolved that the City Council of the City of Azusa does hereby adopt the attached Side Letters of Agreement and does hereby amend Resolution No. 92-C140 regarding Non -Represented Middle Management employees and Resolution No. 92-C141 regarding Executive Management employees as indicated in the following exhibits: "A" Azusa City Employees Association "B" Azusa Police Management Association "C Azusa Police Officers' Association "D" Civilian Association of Police Personnel "E" International Brotherhood of Electrical Workers "F" Middle Management Association "G" Non -Represented Middle Management Employees "H" Executive Management Employees SECTION 6. Further, that Schedule A of the City of Azusa Flexible Benefits Plan Document be amended as indicated in exhibit "I" SECTION 7. Amend Resolution 92-C136, Non -Represented Classified Employees Benefits and Compensation to reflect the classification of Senior Accountant at range 4211, $3,299.28 to $4,010.32. SECTION & Amend Resolution 92-C140, Classified Non -Represented Middle Management, to reflect the classification of Utilities Financial Analyst at a flat rate of $4925. The City Clerk shall certify the 'adoption of this resolution. ADOPTED AND APPROVED this 19th day of July 1993. MAY R I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at a regular meeting thereof held on the 19th day of July 1993 AYES: COUNCILMEMBERS: MADRID, NARANJO, ALEXANDER, MOSES NOES: COUNCILMEMBERS: NONE ABSENT 0 NC MEM RS: LEIS i J CITY CLE EXHIBIT "A" The City of Azusa ("City") and the Azusa City Employees' Association ("Association") currently have in effect a Memorandum of Understanding ("MOU") which expires June 30, 1993. The Association has submitted a proposal to meet and confer on a successor MOU. The City is currently developing its budget for Fiscal Year 1993- 94. The City's budget process is directly impacted by the State of California ("State") budget process. Until such time as the State finalizes its budget, the City is unable to finalize its own budget. Both parties recognize that, without an adopted budget, the City is unable to consider requests by the Association for increases in compensation and/or benefits. Both parties recognize that the meet and confer process, if undertaken now, would be inhibited by the lack of an adopted City budget. Therefore, the parties agree to the following: 1) The terms of the current MOU wifl remain in full force and effect through September 30, 1993. 2) In the event that the State and/or the City budget is not adopted by August 1, 1993, the parties agree to meet during the first week of August, 1993, to discuss the continuation of this Side Letter of Agreement and/or commence the meet and confer process. 3) Both parties will exercise both due diligence and good faith to complete the meet and confer process. 4) The period of abeyance will be adjusted retroactively when a successor MOU is mutually agreed upon. However, nothing herein shall prevent the parties from agreeing to other effective dates for any or all of the provisions of the MOU. 5) This SZEE LETTER OF AGREEMENT notwithstanding, the term of any successor MOU shall e rom July 1 through June 30, unless the parties mutually agree to different effective dates. 6) Section 11, "CAFETERIA BENEFIT PLAN", of the current MOU shall be amended as follows: "11. FLEXIBLE BENEFIT PLAN 1111.1. Definition "Effective August 1, 1993, the City's existing Cafeteria Benefit Plan (CBP) shall be converted to an IRS Section 125 Flexible Benefit Plan (FBP) administered by either the City or its designee. S � • 1111.B. Amount of Monthly Benefit "Effective August 1, 1993, the City will maintain the Flexible Benefit Plan at five -hundred forty-five dollars ($545.00) per month for each employee. This Plan can be used by the employee to pay, to the extent available, for qualified benefits as determined by the IRS. The employee understands that, in the event the total premiums and/or expenses for qualified benefits selected by him/her exceed the amount of the FBP, the excess shall be deducted from pre-tax wages of the employee. "11.C. Eligibility "In order for an employee to be eligible for month, he/she must be on payroll on the first recognized paid City holidays) of that month. "A new employee will be eligible for the full his/her bargaining unit if he/she begins work day (excluding recognized paid City holidays) employee whose date of hire is on the second recognized paid city holidays) of ttie month not be eligible for the FBP for that month. the FBP in any given work day (excluding FBP applicable to on the first work of the month. An work day (excluding or thereafter will "If an employee does not meet the qualifying work time in any given month, arrangements must be made with the Finance Department to reimburse the City for any benefits that have already been paid out on the employee's behalf for that month. The Finance Department will notify the employee if he/she has not met the qualifying work time for eligibility for the FBP. 1111.D. Termination "The City will not be responsible for payment of any qualified benefits on behalf of an employee following the month of termination. If an employee represented by the Association wishes to continue his/her qualified benefits, advance payment for such qualified benefits will be deducted from the employee's final pay." S) Section 12, "REIMBURSEMENT FUND", of the current MOU, is amended to read as follows: "12. The City shall made available to each employee an amount not to exceed fifteen hundred dollars ($1,500.00) per fiscal year which can be utilized for the following: 12.A. Education and Related Expenses Reimbursement shall be as defined and regulated by the Internal Revenue Code. i A Scholarship Committee shall be City to oversee this program and certain courses are job-related employee. 0 established by the to decide whether for an individual Within this provision the City will reimburse the employee for the eligible expenses of a bona -fide curriculum of the study of the Spanish language. Any claim for Education and Related Expenses reimbursement shall be submitted for payment no later than thirty (30) calendar days following the receipt of the official college or university grade(s) for the preceding semester or quarter. For the purposes of administration, the annual amount of available Education and Related Expenses reimbursement is based on the fiscal year beginning July 1, and the course(s) is (are) deemed to fall in the fiscal year in which the final examination is scheduled. 12.8. Tazable Income." 11 9) Section 28.A. "VACATION - Required Usage and Carryover", in the current MOU, shall be amended to read as follows: 28. VACATION 28.A. Required Usage and Carryover An employee shall be required to use one half (1/2) of his/her annual vacation accrual yearly and shall be,able to carry over one half (1/2) of one year's vacation accrual from one year to the next, cumulatively, up to a maximum of fifty-two (52) times the then -current pay period rate of vacation accrual. This maximum is waived, however, until June 30, 1994. At that time, if the employee's balance is at or above its maximum, no further vacation shall be accrued until the employee's balance drops below the maximum. In special cases where it has not been possible, due to work load and other factors, for the employee to use his/her vacation before reaching the maximum, it shall be within the department head's authority to authorize cash payment in lieu of time off. 10) Dated, this / day o�l 1993. FOR THE AZUSA CITY EMPLOYEES' ASSOCIATION: i FOR THE CITY OF AZUSA: aldelttr.eeo E%HIBIT "B" SIDLE LETTER OF AGREEMENT The City of Azusa ("City") and the Azusa Police Management Association ("Association") currently have in effect a Memorandum of Understanding ("HOU") which expires June 30, 1993. The Association has submitted a proposal to meet and confer on a successor MOU. The City is currently developing its budget for Fiscal Year 1993- 94. The City's budget process is directly impacted by the State of California ("State") budget process. Until such time as the State finalizes its budget, the City is unable to finalize its own budget. Both parties recognize that, without an adopted budget, the City is unable to consider requests by the Association for increases in compensation and/or benefits. Both parties recognize that the meet and confer process, if undertaken now, would be inhibited by the lack of an adopted City budget. Therefore, the parties agree to the following: 1) The terms of the current MOU will remain in full force and effect through September 30, 1993. 2) In the event that the State and/or the City budget is not adopted by August 1, 1993, the parties agree to meet during the first week of August, 1993, to discuss the continuation of this Side Letter of Agreement and/or commence the meet and confer process. 3) Both parties will exercise both due diligence and good faith to complete the meet and confer process. 4) The period of abeyance will be adjusted retroactively when a successor MOU is mutually agreed upon. However, nothing herein shall prevent the parties from agreeing to other effective dates for any or all of the provisions of the MOU. 5) This SIDE LETTER OF AGREEMENT notwithstanding, the term of any successor MOU shall e fF5mJuly 1 through June 30, unless the parties mutually agree to different effective dates. 6) Section 10, "CAFETERIA BENEFIT PLAN", of the current MOU shall be amended as follows: 1110. FLE%IBLE BENEFIT PLAN 1110.A. Definition "Effective August 1, 19930 the City's existing Cafeteria Benefit Plan (CBP) shall be converted to an IRS Section 125 Flexible Benefit Plan (FBP) administered by either the City or its designee. 1110.B. Amount of Monthly Benefit "Effective August 1, 19930 the City will maintain the Flexible Benefit Plan at five -hundred forty-five dollars ($545.00) per month for each employee. This Plan can be used by the employee to pay, to the extent available, for qualified benefits as determined by the IRS. The employee understands that, in the event the total premiums and/or expenses for qualified benefits selected by him/her exceed the amount of the FBP, the excess shall be deducted from pre-tax wages of the employee. 1110.C. Eligibility "In order for an employee to be eligible for the FBP in any given month, he/she must be on payroll on the first work day (excluding recognized paid City holidays) of that month. "A new employee will be eligible for the full FBP applicable to his/her bargaining unit if he/she begins work on the first work day (excluding recognized paid City holidays) of the month. An employee whose date of hire is on the second work day (excluding recognized paid City holidays) of the month or thereafter will not be eligible for the FBP for that month. "If an employee does not meet the qualifying work time in any given month, arrangements must be made with the Finance Department to reimburse the City for any benefits that have already been paid out on the employee's behalf for that month. The Finance Department will notify the employee if he/she has not met the qualifying work time for eligibility for the FBP. 1110.D. Termination "The City will not be responsible for payment of any qualified benefits on behalf of an employee following the month of termination. If an employee represented by the Association wishes to continue his/her qualified benefits, advance payment for such qualified benefits will be deducted from the employee's final pay." 7) A new Section 10.1, "HEALTH INSURANCE DURING RETIREMENT", shall be added to the MOU as follows: 1110.1. HEALTH INSURANCE DURING RETIREMENT "Effective July 11 1993, the City shall establish a Medical Premium Retirement Benefit Plan (MPRBP) under the Internal Revenue Code of 1986, as a member of, under the regulations of, and administered by the Joint Powers Employee Benefit Authority. Association employees can defer income to this Plan. In addition, beginning with the first month after retirement, for Association employees who, at the time of retirement from the City of Azusa, have attained the age of fifty (50) and have at least twenty (20) cumulative years of sworn safety service with the City of Azusa Police Department, the City will contribute monthly to the Plan, in the employee's behalf, until the employee passes away, an amount equal to the single -coverage premium in the employee's comprehensive health insurance plan. The amount of the City's contribution shall vary, up or down, depending upon the employee's choice of health insurance carrier and its periodic changes in its rates. 8) Section 11.E.7., "SICK LEAVE - For Employees Hired Prior to December 31, 198511, of the current MOU, is amended to read as follows: 1111.E.7. Conversion to Cash Upon Retirement or Separation The employee may convert fifty percent (50%) of his or her accrued Sick Leave balance to cash upon death (if he or she has attained permanent status); disability retirement (if he or she has been employed by the City a minimum of five (5) years); or voluntary retirement (if he or she has been employed by the City a minimum of ten (10) years). Upon separation for other reasons the employee may convert fifty percent (50%) of his or her accrued Sick Leave balance to cash for hours in excess of three -hundred twenty (320) hours to a maximum payment of two -hundred forty hours." 8) Section 11.F.1., "TYPES OF LEAVE/DAYS OFF, Vacation Leave - Required Usage and Carryover", in the current Resolution, shall be amended to read as follows: "11. TYPES OF LEAVE/DAYS OFF 31.F. Vacation Leave i1.F.1. Required Usage and Carryover Leave will be credited on a "per -pay -period" basis. Employees shall be required to use one-half (1/2) of their annual vacation accrual yearly. Employees may accrue up to a maximum of fifty-two (52) times the current pay period rate of vacation accrual. This maximum is waived, however, until June 30, 1994. At that time, if the employee's balance is at or above its maximum, no further vacation shall be accrued until the employee's balance drops below the maximum." 9) Section 12, follows: 1112. REnMURSEMENT FUND FUND", is amended to read as The City shall made available to each employee an amount not to 0 0 exceed two thousand dollars ($2,000.00) per fiscal year which can be utilized for the following: 12.A. Education and Related Expenses Reimbursement shall be as defined and regulated by the Internal Revenue Code. A Scholarship Committee shall be established by the City to oversee this program and to decide whether certain courses are job-related for an individual employee. within this provision the City will reimburse the employee for the eligible expenses of a bona -fide curriculum of the study of the Spanish language. Any claim for Education and Related Expenses reimbursement shall be submitted for payment no later than thirty (30) calendar days following the receipt of the official college or university grade(s) for the preceding semester or quarter. For the purposes of administration, the annual amount of available Education and Related Expenses reimbursement is based on the fiscal year beginning July 1, and the course(s) is (are) deemed to fall in the fiscal year in which the final examination is scheduled. 12.B. Taxable Income." 30) A new Section, 1117. Longevity Pay", shall be added to the current MOU, to read as follows: 1117. LONGEVITY PAY ' After completion of seven (7) years of service as a sworn member of the Azusa Police Department, the employee shall receive a premium of 2.50% above base salary. After completion of fifteen (15) years of such service, the employee shall receive a premium of 5% above base salary." 11) Dated, this 13 A day of�%Gl.+y, 1993. FOR THE AZUSA POLICE MANAGEMENT ASSOCIATION: 4F W. FOR THE CITY OF AZOSA: eldelttr.epm 0 EXHIBIT "C" SIDE LETTER OF AGREEMNT The City of Azusa ("City") and the Azusa Police Officers' Association ("Association") currently have in effect a Memorandum of Understanding ("MOU") which expires June 30, 1993. The Association has submitted a proposal to meet and confer on a successor MOU. 1) The terms of the current MOU will remain -in full force and effect through September 30, 1993, or until a new MOU is adopted, whichever comes first. 2) The parties agree to meet after the first week of August, 1993, to commence the meet and confer process. 3) Both parties will exercise both due diligence and good faith to complete the meet and confer process. 4) Retroactivity. The effective date of the successor MOU shall be July 1, 1993. However, nothing herein shall prevent the parties from agreeing to other effective dates for any or all of the provisions of the MOU. 5) This SIDE LETTER OF AGREE ENT notwithstanding, the term of any successor MOU shall e from July 1 through June 30, unless the parties mutually agree to different effective dates. 6) Section 4, "CAFETERIA BENEFIT PLAN", of the current MOU shall be amended as follows: "4. FLEXIBLE BENEFIT PLAN 114.A. Definition "Effective August 1, 1993, the City's existing Cafeteria Benefit Plan (CBP) shall be converted to an IRS.Section 125 Flexible Benefit Plan (FBP) administered by either the City or its designee. 0 0) 114.B. Amount of Monthly Benefit "Effective August 1, 1993, the City will maintain the Flexible Benefit Plan at five -hundred forty-five dollars ($545.00) per month for each employee. This Plan can be used by the employee to pay, to the extent available, for qualified benefits as determined by the IRS. The employee understands that, in the event the total premiums and/or expenses for qualified benefits selected by him/her exceed the amount of the FBP, the excess shall be deducted from pre-tax wages of the employee. 114.C. Eligibility "In order for an employee to be eligible for the FBP in any given month, he/she must be on payroll on the first work day (excluding recognized paid City holidays) of that month. "A new employee will be eligible for the full FBP applicable to his/her bargaining unit if he/she begins work on the first work day (excluding recognized paid City holidays) of the month. An employee whose date of hire is on the second work day (excluding recognized paid City holidays) of the month or thereafter will not be eligible for the FBP for that month. "If an employee does not meet the qualifying work time in any given month, arrangements must be made with the Finance Department to reimburse the City for any benefits that have already been paid out on the employee's behalf for that month. The Finance Department will notify the employee if he/she has not met the qualifying work time for eligibility for the FBP. 114.D. Termination "The City will not be responsible for payment of any qualified benefits on behalf of an employee following the month of termination. If an employee represented by the Association wishes to continue his/her qualified benefits, advance payment for such qualified benefits will be deducted from the employee's final pay." 7) Section 6.F. "TYPES OF LEAVE/DAYS OFF - Vacation Leave - Required Usage and Carryover", in the current MOU shall be amended to read as follows: "6. TYPES OF LEAVE/DAYS OFF 6.F. Vacation Leave 6.F.1. Required Usage and Carryover Leave will be credited on a "per -pay -period" basis. Employees shall be required to use one-half (1/2) of their annual vacation accrual yearly and shall be able to carry over one-half (1/2) of one year's vacation accrual from one year to the next, cumulatively, up to a maximum of fifty-two (52) times the then -current pay period rate of vacation accrual. This maximum is waived, however, until June 30, 1994. At that time, if the employee's balance is at or above its maximum, no further vacation shall be accrued until the employee's balance drops below the maximum. In special cases, where it has not been possible, due to workload and other factors, for the employee to use his/her vacation before reaching the maximum, it shall be within the department head's authority to authorize cash payment in lieu of time off." 8) Section 9, "HEALTH INSURANCE DURING RETIREMENT", of the current MOU shall be amended as follows: 119. HEALTH INSURANCE DURING RETIREMENT "Effective July 1, 1993, the City shall establish a Medical Premium Retirement Benefit Plan (MPRBP) under the Internal Revenue Code of 1986, as a member of, under the regulations of, and administered by the Joint Powers Employee Benefit Authority. Association employees can defer income to this Plan. In addition, beginning with the first month after retirement, for Association employees who, at the time of retirement from the City of Azusa, have attained the age of fifty (50) and have at least twenty (20) cumulative years of sworn safety service with the City of Azusa Police Department, the City will contribute monthly to the Plan, in the employee's behalf, until the employee passes away, an amount equal to the single -coverage premium in the employee's comprehensive health insurance plan. The amount of the City's contribution shall vary, up or down, depending upon the employee's choice of health insurance carrier and its periodic changes in its rates. 9) Section 12, "REIMBURSEMENT FUND", is amended to read as follows: 1112. REIMBURSEMENT FUND The City shall made available to each employee an amount not to exceed fifteen hundred dollars ($1,500.00) per fiscal year which can be utilized for the following: 12.A. Education and Related Expenses Reimbursement shall be as defined and regulated by the Internal Revenue Code. A Scholarship Committee shall be established by the City to oversee this program and to decide whether certain courses are job-related for an individual employee. A Within this provision the employee for the eligible curriculum of the study o W� City will reimburse the expenses of a bona -fide f the Spanish language. Any claim for Education and Related Expenses reimbursement shall be submitted for payment no later than thirty (30) calendar days following the receipt of the official college or university grade(s) for the preceding semester or quarter. For the purposes of administration, the annual amount of available Education and Related Expenses reimbursement is based on the fiscal year beginning July 1, and the course(s) is (are) deemed to fall in the fiscal year in which the final examination is scheduled. 12.B. Taxable Income." 10) Dated, this Y/day o��G,, , 1993. FOR THE CITY OF AZUSA: aidelttr.apo EXHIBIT "D" SIDE LETTER OF AGREEMENT The City of Azusa ("City") and the Civilian Association of Police Personnel ("Association") currently have in effect a Memorandum of Understanding ("MOU") which expires June 30, 1993. The Association has submitted a proposal to meet and confer on a successor MOU. The City is currently developing its budget for Fiscal Year 1993- 94. The City's budget process is directly impacted by the State of California ("State") budget process. Until such time as the State finalizes its budget, the City is unable to finalize its own budget. Both parties recognize that, without an adopted budget, the City is unable to consider requests by the Association for increases in compensation and/or benefits. Both parties recognize that the meet and confer process, if undertaken now, would be inhibited by the lack of an adopted City budget. Therefore, the parties agree to the following: 1) The terms of the current MOU will remain in full force and effect through September 30, 1993. 2) In the event that the State and/or the City budget is not adopted by August 1, 1993, the parties agree to meet during the first week of August, 1993, to discuss the continuation of this Side Letter of Agreement and/or commence the meet and confer process. 3) Both parties will exercise both due diligence and goqd faith to complete the meet and confer process. 4) The period of abeyance will be adjusted retroactively when a successor MOU is mutually agreed upon. However, nothing herein shall prevent the parties from agreeing to other effective dates for any or all of the provisions of the MOU. 5) This SIDE LETTER OF AGREE.TENT notwithstanding, the term of any successor MOU shall e rom July 1 through June 30, unless the parties mutually agree to different effective dates. 6) Section 11, "CAFETERIA BENEFIT PLAN", of the current HOU shall be amended as follows: "11. FLEXIBLE BENEFIT PLAN "ll.A. Definition "Effective August 18 1993, the City's existing Cafeteria Benefit Plan (CBP) shall be converted to an IRS Section 125 Flexible Benefit Plan (FBP) administered by either the City or its designee. 0 1111.B. Amount of Monthly Benefit "Effective August 1, 1993, the City will maintain the Flexible Benefit Plan at five -hundred forty-five dollars ($545.00) per month for each employee. This Plan can be used by the employee to pay, to the extent available, for qualified benefits as determined by the IRS. The employee understands that, in the event the total premiums and/or expenses for qualified benefits selected by him/her exceed the amount of the FBP, the excess shall be deducted from pre-tax wages of the employee. 1111.C. Eligibility "In order for an employee to be eligible for the FBP in any given month, he/she must be on payroll on the first work day (excluding recognized paid City holidays) of that month. "A new employee will be eligible for the full FBP applicable to his/her bargaining unit if he/she begins work on the first work day (excluding recognized paid City holidays) of the month. An employee whose date of hire is on the second work day (excluding recognized paid City holidays) of the month or thereafter will not be eligible for the FBP for that month. "If an employee does not meet the qualifying work time in any given month, arrangements must be made with the Finance Department to reimburse the City for any benefits that have already been paid out on the employee's behalf for that month. The Finance Department will notify the employee if he/she has not met the qualifying work time for eligibility for the FBP. 1111.D. Termination "The City will not be responsible for payment of any qualified benefits on behalf of an employee following the month of termination. If an employee represented by the Association wishes to continue his/her qualified benefits, advance payment for such qualified benefits will be deducted from the employee's final pay." For the purposes of clarification, this language means that existing employees will receive CBP for their last month of employment even if they work just one work day into that last month. 7) Section 22, "REIMBURSEMENT FOND", is amended to read as follows: "22. The City shall made available to each employee an amount not to exceed one thousand dollars ($1,000.00) per fiscal year which can be utilized for the following: 0 0 22.A. Education and Related Expenses Reimbursement shall be as defined and regulated by the Internal Revenue Code. A Scholarship Committee shall be established by the City to oversee this -program and to decide whether certain courses are job-related for an individual employee. Within this provision the City will reimburse the employee for the eligible expenses of a bona -fide curriculum of the study of the Spanish language. Any claim for Education and Related Expenses reimbursement shall be submitted for payment no later than thirty (30) calendar days following the receipt of the official college or university grade(s) for the preceding semester or quarter. For the purposes of administration, the annual amount of available Education and Related Expenses reimbursement is based on the fiscal year beginning July 1, and the course(s) is (are) deemed to fall in the fiscal year in which the final examination is scheduled. 22.B. Taxable Income." 7) Section 26.A. "VACATION - Required Usage and Carryover", in the current MOU, shall be amended to read as follows: 26. VACATION 26.A. Required Usage and Carryover An employee shall be required to use one half (1/2) of his/her annual vacation accrual yearly and shall be able to carry over one half (1/2) of one year's vacation accrual from one year to the next, cumulatively, up to a maximum of fifty-two (52) times the then -current pay period rate of vacation accrual. This maximum is waived, however, until June 30, 1994. At that time, if the employee's balance is at or above its maximum, no further vacation shall be accrued until the employee's balance drops below the maximum. In special cases where it has not been possible, due to work load and other factors, for the employee to use his/her vacation before reaching the maximum, it shall be within the department head's authority to authorize cash payment in lieu of time off. �%uW, 8) Dated, this �I day of1993. FOR THE CIVILIAN ASSOCIATION OF POLICE PERSONNEL: FOR THE CITY OF AZUSA: eldelttr.cep EXHIBIT "E" The City of Azusa ("City") and the IBEW currently have in effect a Memorandum of Understanding ("M.O.U.") which expires June 30, 1993. The IBEW has submitted a request to meet and confer on a successor M.O.U. The City is currently developing its budget for fiscal year 1993- 1994. The City's budget process is directly impacted by the State of California's ("State") budget process. Until such time as the State finalizes its budget, the City is unable to finalize its own budget. Both parties recognize that without a budget, the City is unable to consider requests by the IBEW for increases in compensation and/or benefits. Both parties recognize that the meet and confer process, ,if undertaken now, will be inhibited by the lack of a City budget. Therefore, the parties agree to the following: 1) The terms of the current M.O.U. will remain in full force and effect through September 30, 1993; 2) In the event the State and/or City budget is not adopted by August 1, 1993, the parties agree to meet the first week in August, 1993 to discuss the continuation of this side letter of agreement and/or commence the meet and confer process; 3) Both parties will exercise both due diligence and good faith to complete the meet and confer process; 4) The period of abeyance will be adjusted retroactively if a successor M.O.U. is mutually agreed upon. Nothing herein prevents the parties from agreeing to different effective dates of the provisions of the M.O.U.; 5) Notwithstanding this side letter of agreement, the term of any successor M.O.U. shall be from July 1 through June 30, unless the parties mutually agree to different effective dates; and 6) Article XXIII, Section 1, Cafeteria Benefit Plan, shall be amended as follows: A) Effective August 1, 1993, the City's contribution will be increased to five hundred and forty-five dollars ($545.00) per month for each employee. B) Effective August 1, 1993, the City's existing "Cafeteria Benefit Program" will be converted to an IRC Section 125 "Flexible Benefit Plan" administered by Colonial Life & Accident Company. IBEW 743-q3 -7 EXHIBIT "F" SIDE LETTER OF AGREEAMT The City of Azusa ("City") and the Azusa Middle Management Association ("Association") currently have in effect a Memorandum of Understanding ("MOU") which expires June 30, 1993. The Association has submitted a proposal to meet and confer on a successor MOU. The City is currently developing its budget for Fiscal Year 1993- 94. The City's budget process is directly impacted by the State of California ("State") budget process. Until such time as the State finalizes its budget, the City is unable to finalize its own budget. Both parties recognize that, without an adopted budget, the City is unable to consider requests by the Association for increases in compensation and/or benefits. Both parties recognize that the meet and confer process, if undertaken now, would be inhibited by the lack of an adopted City budget. Therefore, the parties agree to the following: 1) The terms of the current MOU will remain in full force and effect through September 30, 1993. 2) In the event that the State and/or the City budget is not adopted by August 1, 1993, the parties agree to meet during the first week of August, 1993, to discuss the continuation of this Side Letter of Agreement and/or commence the meet and confer process. 3) Both parties will exercise both due diligence and good faith to complete the meet and confer process. 4) The period of abeyance will be adjusted retroactively when a successor MOU is mutually agreed upon. However, nothing herein shall prevent the parties from agreeing to other effective dates for any or all of the provisions of the MOU. 5) This SIDE LETTER OF AGREEMENT notwithstanding, the term of any successor MOU shall e rom July 1 through June 30, unless the parties mutually agree to different effective dates. 6) A new Section 9.D., "ADDITIONAL COMPENSATION - Longevity Pay", shall be added to the current Resolution, to read as follows: 4. ADDITIONAL COMPENSATION 9.D. Longevity Pay Employees shall receive Longevity Pay as follows: After 15 years of continuous Azusa service, 0- 0 3% of base salary After 20 years of continuous Azusa service, 5% of base salary" 7) Section 10, "CAFETERIA BENEFIT PLAN", of the current MOU shall be amended as follows: 1010. FLEXIBLE BENEFIT PLAN 1110.A. Definition "Effective August 1, 1993, the City's existing Cafeteria Benefit Plan (CBP) shall be converted to an IRS Section 125 Flexible Benefit Plan (FBP) administered by either the City or its designee. 1110.8. Amount of Monthly Benefit "Effective August 1, 1993, the City will maintain the Flexible Benefit Plan at five -hundred forty-five dollars ($545.00) per month for each employee. This Plan can be used by the employee to pay, to the extent available, for qualified benefits as determined by the IRS. The employee understands that, in the event the total premiums and/or expenses for qualified benefits selected by him/her exceed the amount of the FBP, the excess shall be deducted from pre-tax wages of the employee. 1110.C. Eligibility "In order for an employee to be eligible for the FBP in any given month, he/she must be on payroll on the first work day (excluding recognized paid City holidays) of that month. "A new employee will be eligible for the full FSP applicable to his/her bargaining unit if he/she begins work on the first work day (excluding recognized paid City holidays) of the month. An employee whose date of hire is on the second work day (excluding recognized paid City holidays) of the month or thereafter will not be eligible for the FBP for that month. "If an employee does not meet the qualifying work time in any given month, arrangements must be made with the Finance Department to reimburse the City for any benefits that have already been paid out on the employee's behalf for that month. The Finance Department will notify the employee if he/she has not met the qualifying work time for eligibility for the FBP. 1110.D. Termination "The City will not be responsible for payment of any qualified benefits on behalf of an employee following the month of termination. If an employee represented by the Association wishes to continue his/her qualified benefits, advance payment for such qualified benefits will be deducted from the employee's • 0 final pay." 8) Section 11.E.1., "TYPES OF LEAVE/DAYS OFF, Sick Leave - Accrual and Use", in the current Resolution, shall be amended to read as follows: "11. TYPES OF LEAVE/DAYS OFF ll.E. Sick Leave ll.E.1. Accrual and Use Employees shall accrue sick leave at the rate of ten hours per month for each calendar month of paid employment, with unlimited accumulation. Sick leave shall not be taken in units of less than one day." Section 11.F.1.1 "TYPES OF LEAVE/DAYS OFF, Vacation Leave - Required Usage and Carryover", in the current Resolution, shall be amended to read as follows: "11. TYPES OF LEAVE/DAYS OFF 11,F. Vacation Leave 11.F.1. Required Usage and Carryover Leave will be credited on a "per -pay -period" basis. Employees shall be required to use one-half (1/2) of their annual vacation accrual yearly. Employees may accrue up to a maximum of fifty-two (52) times the current pay period rate of vacation accrual plus 100 hours. This maximum is waived, however, until June 30, 1994. At that timd, if the employee's balance is at or above its maximum, no further vacation shall be accrued until the employee's balance drops below the maximum." (9) Section 14, "HEALTH INSURANCE DURING RETIREMENT", of the current MOU shall be amended as follows: 1114. HEALTH DURING "Effective July 1, 1993, the City shall establish a Medical Premium Retirement Benefit Plan (MPRBP) under the Internal Revenue Code of 1986, as a member of, under the regulations of, and administered by the Joint Powers Employee Benefit Authority. Association employees can defer income to this Plan. in addition, beginning with the first month after retirement, for Association employees who, at the time of retirement from the City of Azusa, have attained the age of fifty (50) and have at least fifteen (15) cumulative years of service with the City of Azusa, the City will contribute monthly to the plan, in the employee's behalf, until the employee passes away, an amount equal to thirty three and one-third percent (33-1/3$) of the 0 single -coverage premium in the employee's comprehensive health insurance plan. For Association employees who, at the time of retirement from the City of Azusa, have attained the age of fifty (50) and have at least twenty (20) cumulative years of service with the City of Azusa, the City contribution shall be an amount equal to fifty per -cent (508) of the single -coverage premium in the employee's comprehensive health insurance plan. For Association employees who, at the time of retirement from the City of Azusa, have attained the age of fifty (50) and have at least twenty five (25) cumulative years of service with the City of Azusa, the City contribution shall be an amount equal to one - hundred percent (1008) of the single -coverage premium in the employee's comprehensive health insurance plan. The amount of the City's contribution shall vary, up or down, depending upon the employee's choice of health insurance carrier and its periodic changes in its rates. 30) Section 18, "REIMURSEMENT FOND", is amended to read as follows: 1112. REIMBURSEMENT FOND The City shall made available to each Association employee an amount not to exceed two thousand dollars ($2,000.00) per fiscal year which can be utilized for the following: 12.A. Education and Related Expenses Reimbursement shall be as defined and regulated by the Internal Revenue Code. A Scholarship Committee shall be established by the City to oversee this program and to decide whether certain courses are job related for an individual employee. Within this provision the City will reimburse the employee for the eligible expenses of a bona -fide curriculum of the study of the Spanish language. Any claim for Education and Related Expenses reimbursement shall be submitted for payment no later than thirty (30) calendar days following the receipt of the official college or university grade(s) for the preceding semester or quarter. For the purposes of administration, the annual amount of available Education and Related Expenses reimbursement is based on the fiscal year beginning July 1, and the course(s) is (are) deemed to fall in the fiscal year in which the final examination is scheduled. 12.8. Taxable Income." 11) Dated, this Z.e3 day ofV 1993. FOR THE AZUSA MIDDLE MANAGEMENT ASSOCIATION: FOR THE CITY OF AZUSA: aldelttr.® 46v "Exhibit G" COMPENSATION & BENEFITS RESOLUTION The Unrepresented Middle Managers ("Managers") currently have in effect a City of Azusa ("City") Compensation & Benefits Resolution that became effective on July 1, 1992 and would normally be updated effective July 1, 1993. The City is currently developing its budget for Fiscal Year 1993- 94. The City's budget process is directly impacted by the State of California ("State") budget process. Until such time as the State finalizes its budget, the City is unable to finalize its own budget. Both parties recognize that, without an adopted budget, the City is unable to consider requests by the Managers for increases in compensation and/or benefits. Both parties recognize that the process, if undertaken now, would be inhibited by the lack of an adopted City budget. Therefore, the parties agree to the following: 1) The terms of the current Resolution will remain in full force and effect through September 30, 1993. 2) In the event that the State and/or the City budget is not adopted by August 1, 1993, the parties agree to meet during the first week of August, 1993, to discuss the continuation of this SIDE LETTER OF AGREE24WT. 3) Both parties will exercise due diligence and good faith. 4) The period of abeyance will be adjusted retroactively when a successor Resolution is approved. However, nothing herein shall prevent the implementation of other effective dates for any or all of the provisions of the Resolution. 5) This SZZ0 LETTER OF AGREEMWT notwithstanding, the term of any successor Resolution s a e from July 1 through June 30, unless the City adopts different effective dates. 6) Section 5, "CAFETERIA BENEFIT PLAN", of the current Resolution shall be amended as follows: "S. FLEXIBLE BENEFIT PLAN "S.A. Definition "Effective August 1, 1993, the City's existing Cafeteria Benefit Plan (CBP) shall be converted to an IRS Section 125 Flexible Benefit Plan (FBP) administered by either the City or its designee. • 6 "Exhibit H" 6 BENEFITS RESOLUTION AMENDMENTS The Executive Managers ("Executives") currently have in effect a City of Azusa ("City") Compensation & Benefits Resolution that became effective on July 1, 1992 and would normally be updated effective July 1, 1993. The City is currently developing its budget for Fiscal Year 1993- 94. The City's budget process is directly impacted by the State of California ("State") budget process. Until such time as the State finalizes its budget, the City is unable to finalize its own budget. Both parties recognize that, without an adopted budget, the City is unable to finalize Executive compensation and/or benefits. Therefore, the parties agree to the following: 1) The terms of the current Resolution will remain in full force and effect through September 30, 1993. 2) In the event that the State and/or the City budget is not adopted by August 1, 1993, the parties agree to meet during the first week of August, 1993, to discuss the continuation of the Resolution. 3) Both parties will exercise due diligence and good faith. 4) The period of abeyance will be adjusted retroactively when a successor Resolution is established. However, nothing herein shall prevent the parties from using other effective dates for any or all of the provisions of the Resolution. 5) This document notwithstanding, the term of any successor Resolution shall be from July 1 through June 30, unless the parties mutually agree to different effective dates. 6) Section 3.A., "ADDITIONAL COMPENSATION - Car Allowance", of the current Resolution shall be amended to read as follows: 113. ADDITIONAL COMPENSATION 3.A. Car Allowance City business trips of fifty (50) miles or more, round-trip, may be made in a City vehicle at City expense or may be claimed for mileage reimbursement if the employee uses his or her own transportation, pursuant to the City's travel and meetings policy." Base salaries shall be restated to include the former car allowance. 0 i "S.B. Amount of Monthly Benefit "Effective August 1, 1993, the City will maintain the Flexible Benefit Plan at five -hundred forty-five dollars ($545.00) per month for each employee. This Plan can be used by the employee to pay, to the extent available, for qualified benefits as determined by the IRS. The employee understands that, in the event the total premiums and/or expenses for qualified benefits selected by him/her exceed the amount of the FBP, the excess shall be deducted from pre-tax wages of the employee. "S.C. Eligibility "In order for an employee to be eligible for month, he/she must be on payroll on the firs recognized paid City holidays) of that month. "A new employee will be eligible for the full his/her bargaining unit if he/she begins work day (excluding recognized paid City holidays) employee whose date of hire is on the second recognized paid City holidays) of the month not be eligible for the FBP for that month. the FBP in any given t work day (excluding FBP applicable to on the first work of the month. An work day (excluding or thereafter will "If an employee does not meet the qualifying work time in any given month, arrangements must be made with the Finance Department to reimburse the City for any benefits that have already been paid out on the employee's behalf for that month. The Finance Department will notify the employee if he/she has not met the qualifying work time for eligibility for the FBP. "S.D. Termination "The City will not be responsible for payment of any qualified benefits on behalf of an employee following the month of termination. If an employee wishes to continue his/her qualified benefits, advance payment for such qualified benefits will be deducted from the employee's final pay." 7) Section 6.E.1., "TYPES OF LEAVE/DAYS OFF, Sick Leave - Accrual and Use", in the current Resolution, shall be amended to read as follows: "6. TYPES OF LEAVE/DAYS OFF 6.E. Sick Leave 6.E.1. Accrual and Use Employees shall accrue sick leave at the rate of ten hours per month for each calendar month of paid employment, with unlimited accumulation. Sick leave shall not be taken in units of less than one day." 0 Section 6.F.1., "TYPES OF LEAVE/DAYS Required Osage and Carryover", in the be amended to read as follows: "6. TYPES OF LEAVE/DAYS OFF 6.F. Vacation Leave 1] OFF, Vacation Leave - current Resolution, shall 6.F.1. Required Usage and Carryover Leave will be credited on a "per -pay -period" basis. Employees shall be required to use one-half (1/2) of their annual vacation accrual yearly. Employees may accrue up to a maximum of fifty-two (52) times the current pay period rate of vacation accrual plus 100 hours. This maximum is waived, however, until June 30, 1994. At that time, if the employee's balance is at or above its maximum, no further vacation shall be accrued until the employee's balance drops below the maximum." 8) Section 12, follows: 1112. REIMBURSEMENT FUND FUND", is amended to read as The City shall made available to each Manager an amount not to exceed two thousand dollars ($2,000.00) per fiscal year which can be utilized for the following: 12.A. Education and Related Expenses Reimbursement shall be as defined and regulated by the Internal Revenue Code. A Scholarship Committee shall be established by the City to oversee this program and to decide whether certain courses are job-related for an individual employee. within this provision the City will reimburse the employee for the eligible expenses of a bona -fide curriculum of the study of the Spanish language. Any claim for Education and Related Expenses reimbursement shall be submitted for payment no later than thirty (30) calendar days following the receipt of the official college or university grade(s) for the preceding semester or quarter. For the purposes of administration, the annual amount of available Education and Related Expenses reimbursement is based on the fiscal year beginning July 1, and the course(s) is (are) deemed to fall in the fiscal year in which the final examination is scheduled. w *1 12.B. Taxable Income." 9) Dated, this day of , 1993. sldelttc.umm 0 0 A new Section 3.D., "ADDITIONAL COMPENSATION - Longevity Pay", shall be added to the current Resolution, to read as follows: "3. ADDITIONAL COMPENSATION 3.D. Longevity Pay Employees shall receive Longevity Pay as follows: After 15 years of continuous Azusa service, 3% of base salary After 20 years of continuous Azusa service, 5% of base salary" A new Section 5.A.1., "TYPES OF LEAVE/DAYS OFF - Administrative Leave Carryover", shall be added to the current Resolution, to read as follows: "5. TYPES OF LEAVE/DAYS OFF 5.A.1. Administrative Leave Carryover For the 1993-94 fiscal year only, unused Administrative Leave accrued in the 1993-94 fiscal year will be carried over to the 1994-95 fiscal year." A new Section 5.C.2, "HOLIDAYS - Floating Holidays Carryover", shall be added to the current Resolution, to read as follows: "5.C. HOLIDAYS 5.C.1. Floating Holidays Carryover For the 1993-94 fiscal year only, unused Floating Holidays accrued in the 1993-94 fiscal year will be carried over to the 1994-95 fiscal year." Section 5.G., "TYPES OF LEAVE/DAYS OFF - Vacation - Required Usage and Carryover", in the current Resolution, shall be amended to read as follows: 115. TYPES OF LEAVE/DAYS OFF S.F. Vacation S.G. Required Usage and Carryover Employee shall be required to use one-half (1/2) of his/her annual vacation accrual yearly and shall be able to carry over one-half (1/2) of one years vacation accrual from one year to the next, cumulatively, up to a maximum of fifty-two (52) times the then -current pay period rate of vacation accrual plus 100 hours. This maximum is waived, however, until June 30, 1994. At that time, if the employee's balance is at or above its maximum, • 0 no further vacation shall be accrued until the employee's balance drops below the maximum." 8) Section 7., "DIFFERENTIAL PAY PERCENTAGES", of the current Resolution, shall be amended to read as follows: 117. DIFFERENTIAL PAY 7.A. Executive Pay Differential Effective July 1, 1992, the Executive Pay Differential established by previous resolution is deleted and no longer a benefit. 7.B. Executive Acting Pay Effective July 1, 1993, the administrative approval for Acting Pay, required under Section 4.2.9 of the Rules of the Civil Service System of the City of Azusa, shall not be granted to Executive Management position classifications." 9) Section 10, "CAFETERIA BENEFIT PLAN", of the current Resolution shall be amended as follows: 1110. FLEXIBLE BENEFIT PLAN 1110.A. Definition "Effective August 1, 1993, the City's existing Cafeteria Benefit Plan (CBP) shall be converted to an IRS Section 125 Flexible Benefit Plan (FBP) administered by either the City or its designee. 1110.B. Amount of Monthly Benefit "Effective August 1, 1993, the City will maintain the Flexible Benefit Plan at five -hundred forty-five dollars ($545.00) per month for each employee. This Plan can be used by the employee to pay, to the extent available, for qualified benefits as determined by the IRS. The employee understands that, in the event the total premiums and/or expenses for qualified benefits selected by him/her exceed the amount of the FBP, the excess shall be deducted from pre-tax wages of the employee. 1110.C. Eligibility "In order for an employee to be eligible for the FBP in any given month, he/she must be on payroll on the first work day (excluding recognized paid City holidays) of that month. "A new employee will be eligible for the full FBP applicable to his/her bargaining unit if he/she begins work on the first work 0 day (excluding recognized paid employee whose date of hire is recognized paid City holidays) not be eligible for the FBP for i City holidays) of the month. An on the second work day (excluding of the month or thereafter will that month. "If an employee does not meet the qualifying work time in any given month, arrangements must be made with the Finance Department to reimburse the City for any benefits that have already been paid out on the employee's behalf for that month. The Finance Department will notify the employee if he/she has not met the qualifying work time for eligibility for the FBP. 1110.D. Termination "The City will not be responsible for payment of any qualified benefits on behalf of an employee following the month of termination. If an employee represented by the Executive wishes to continue his/her qualified benefits, advance payment for such qualified benefits will be deducted from the employee's final pay," 10) Section 12, "REIMBURSEMENT FUND", is amended to read as follows: 1112. REIMBURSEMENT FUND The City shall made available to each Executive employee an amount not to exceed two thousand dollars ($2,000.00) per fiscal year which can be utilized for the following: 12.A. Education and Related Expenses Reimbursement shall be as defined and regulated by the Internal Revenue Code. A Scholarship Committee shall be established by the City to oversee this program and to decide whether certain courses are job-related for an individual employee. Within this provision the City will reimburse the employee for the eligible expenses of a bona -fide curriculum of the study of the Spanish language. Any claim for Education and Related Expenses reimbursement shall be submitted for payment no later than thirty (30) calendar days following the receipt of the official college or university grade(s) for the preceding semester or quarter. For the purposes of administration, the annual amount of available Education and Related Expenses reimbursement is based on the fiscal year beginning July 1, and the course(s) is (are) deemed to fall in the fiscal year in which the final examination is scheduled. 12.B. Taxable Income." 11) Section 14, "HEALTH INSURANCE DURING RETIREMENT", of the current MOU shall be amended as follows: 1114. HEALTH INSURANCE DURING "Effective July 1, 1993, the City shall establish a Medical Premium Retirement Benefit Plan (MPRBP) under the Internal Revenue Code of 1986, as a member of, under the regulations of, and administered by the Joint Powers Employee Benefit Authority. Executive employees can defer income to this Plan. In addition, beginning with the first month after retirement, for Executive employees who, at the time of retirement from the City of Azusa, have attained the age of fifty (50) and have at least fifteen (15) cumulative years of service with the City of Azusa, the City will contribute monthly to the plan, in the employee's behalf, until the employee passes away, an amount equal to thirty three and one-third percent (33-1/3$) of the single -coverage premium in the employee's comprehensive health insurance plan. For Executive employees who, at the time of retirement from the City of Azusa, have attained the age of fifty (50) and have at least twenty (20) cumulative years of service with the City of Azusa, the City contribution shall be an amount equal to fifty per -cent (50%) of the single -coverage premium in the employee's comprehensive health insurance plan. For Executive employees who, at the time of retirement from the City of Azusa, have attained the age of fifty (50) and have at least twenty five (25) cumulative years of service with the City of Azusa, the City contribution shall be an amount equal to one -hundred percent (100%) of the single -coverage premium in the employee's comprehensive health insurance plan. The amount of the City's contribution shall vary, up or down, depending upon the employee's choice of health insurance carrier and its periodic changes in its rates. sidelttr.exe CITY OF AZUSA FLEXIBLE BENEFITS PLAN SCHEDULE A (Exhibit IJ Monthly City contribution for each eligible employee effective the first of the month following the date of eligible employment is: $545 With PERS Medical Plan Participation $529 Without PERS Medical Plan Participation $516 With PERS Medical Plan Participation (40, 35, & 30 -hour Headstart employees)) $500 Without PERS Medical Plan Partication(40, 35, & 30 -hour Headstart employees)) $235 Part-time Headstart Employees (20 -hour Headstart Employees)) Elective Contribution Maximum Schedule A-1 Benefits $1,000 Schedule A-2 Benefits $5,000 Schedule A-3 Benefits $2,000