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CC Resolution 11435RESOLUTION NO. 11435 A RESOLUTION AMENDING THE COMPENSATION AND WORKING CONDITIONS FOR CLASSIFIED NON-MANAGEMENT EMPLOYEES REPRESENTED BY THE EMPLOYEE ORGANIZATION ENUMERATED BELOW WHEREAS, Title 2, Section 2.12.030(7) of the Campbell Municipal Code requires the City Manager to prepare and submit an annual salary plan to the City Council for its approval; and WHEREAS, a Memorandum of Understanding (MOU) for salaries, benefits and working conditions and a side letter to the MOU for furlough hours has been approved and executed by the authorized representatives of the Campbell Municipal Employees Association and City Council representatives; and WHEREAS, the City Council of the City of Campbell desires to ratify and adopt the provisions included in the Memorandum of Understanding and side letter attached. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell does hereby approve and ratify the Memorandum of Understanding attached hereto, and made a part hereof. PASSED AND ADOPTED this 3rd day of July 2012, by the following roll call vote: AYES: Councilmembers NOES: Councilmembers: ABSENT: Councilmembers: ATTE ~i'.fi` Anne Bybee, City Clerk Cristina, Waterman, Low, Kotowski None Baker APPROVED: --- ~_ ~~ ~ ._ /` 'Michael F. Kotowski, Mayor Campbell Municipal Employees Association Memorandum of Understanding July 1, 2012 -June 30, 2014 MEMORANDUM OF UNDERSTANDING ON WAGES, EMPLOYEE BENEFITS, HOURS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT Campbell Municipal Employees Association (CMEA) PARTIES TO UNDERSTANDING This Memorandum of Understanding is between the authorized representatives of the City Council of the City of Campbell, hereinafter referred to as "City", and the authorized representatives of Campbell Municipal Employees Association, hereinafter referred to as "CMEA". STATE LAW COMPLIANCE This Memorandum of Understanding complies with the provisions of the State of California Public Employees Representation Law, as contained in Section 3500 of the Government Code of the State in that the employer-employee representatives noted here did meet and confer in good faith and did reach agreement on those matters within the scope of representation. This Memorandum of Understanding also complies with Resolution 10016, relating to employer-employee relations, as adopted and amended by the City Council of the City of Campbell. GENERAL CONDITIONS A. Personnel Rules and Regulations This Memorandum of Understanding does not modify or change the provisions of the Personnel Rules and Regulations of the City unless a specific reference is made herein to modify or add to the existing Personnel Rules and Regulations. B. Terms of Understanding This Memorandum of Understanding embodies all modifications on salaries, hours, employee benefits, and other terms and conditions of employment, for a 24-month term beginning July 1, 2012 and ending June 30, 2014. C. Existino Benefits Continued This Memorandum of Understanding does not modify existing salaries, benefits, hours, or terms and conditions of employment contained in the Campbell Municipal Employees Association Memorandum of Understanding July 1, 2012 -June 30, 2014 currently adopted Pay and Classification Plan, except as noted herein. Such benefits and terms of employment remain unmodified and shall continue in full force and effect throughout the term of this Memorandum of Understanding. D. Benchmarks Accountant Building Inspector Office Assistant Accounting Clerk Building Maintenance Worker Assistant Planner Assistant Engineer Executive Assistant Recreation Coordinator IT Administrator Recreation Supervisor Any special compensation adjustment for a benchmark classification will also be provided to classifications related to the benchmark as set forth below: Accountant Accounting Clerk I Accounting Clerk II Executive Assistant Office Specialist Permit Technician Deputy City Clerk Assistant Engineer Associate Engineer Junior Engineer Engineering Aide Senior Engineering Technician Building Inspector Senior Building Inspector Public Works Inspector Senior Public Works Inspector Code Enforcement Officer Office Assistant Senior Office Assistant Assistant Planner Associate Planner Senior Planner Housing Coordinator Redevelopment Coordinator Administrative Analyst Recreation Supervisor Senior Museum Specialist Senior Services Supervisor Building Maintenance Lead Recreation Coordinator Worker Nutrition Site Manager Utility Worker Food Server Museum Education Coordinator IT Administrator IT Technician Building Maintenance Worker Building Maintenance Worker II Campbell Municipal Employees Association Memorandum of Understanding July 1, 2012 -June 30, 2014 II. COMPENSATION A. Salarv Effective the first pay period containing July 1, 2012, the salaries of all classifications represented by CMEA shall be increased by two percent (2.0%). Effective the first pay period containing July 1, 2013, the salaries of all classifications represented by CMEA shall be increased by two percent (2.0%). III. OTHER PROVISIONS A. Benefit Cost Adjustments July 1, 2012 The City will be responsible for any increase to the PERS employer contribution rate on the PERS plan in effect July 1, 2012. The City will provide $148.67 per month, which includes a 3% increase, for the current dental coverage, including an annual maximum per patient benefit of $2,500, and orthodontia coverage with a $2,500 per patient lifetime. The City will provide $15.50 per month for life insurance. The City will provide $6.30 per month for the Employee Assistance Program The City will provide a maximum of $49.50 per month for Long Term Disability Insurance. The maximum benefit is $3,000 per month. The City will provide for any increase per month for Vision Service Plan (VSP) coverage which includes Progressive Lens coverage. July 1, 2013 The City will be responsible for any increase to the PERS employer contribution rate on the PERS plan in effect July 1, 2013. The City will provide for any increase, for the current dental coverage, including an annual maximum per patient benefit of $2,500, and orthodontia coverage with a $2,500 per patient lifetime. The City will provide for any increase per month for life insurance based on current coverage. The City will provide for any increase per month for the Employee Assistance Program effective August 1, 2013. 3 Campbell Municipal Employees Association Memorandum of Understanding July 1, 2012-June 30, 2014 The City will provide for any increase per month for Long Term Disability Insurance. The maximum benefit is $3,000 per month. The City will provide any increase per month for Vision Service Plan (VSP) coverage which includes Progressive Lens coverage. B. 1. Health Insurance Benefit Program Effective January 2013, the City will provide a maximum of $115.00 per month for health insurance and $940.00 per month for a Cafeteria Plan Allowance in an additional Section 125 allotment for health and other optional benefits ($1055 per month total). The maximum cash rebate of the City's contribution will be $945 per month. Any amount over the maximum cash rebate ($945) of the City's total contribution ($1055) may be applied toward the purchase of additional Cafeteria Plan Benefits ($110). Effective January 2014, the City will provide a maximum of $TBD per month for health insurance and $TBD per month for a Cafeteria Plan Allowance in an additional Section 125 allotment for health and other optional benefits ($1105 per month total). The maximum cash rebate of the City's contribution will be $945 per month. Any amount over the maximum cash rebate ($945) of the City's total contribution ($1105) may be applied toward the purchase of additional Cafeteria Plan Benefits ($160). The City will continue to contract with the California Public Employees Retirement System (CaIPERS) for the purpose of providing employees with medical insurance benefits. The City's maximum monthly contribution for each eligible active employee for the purchase of medical insurance will be equal to the minimum monthly employer contribution required under the Public Employees Medical and Hospital Care Act (PEMHCA). 2. Cafeteria Plan Allowance The City will maintain a Cafeteria Plan, pursuant to Section 125 of the Internal Revenue Code, for the purpose of providing employees with access to various health and welfare benefits. Benefits available through the Cafeteria Plan include, but are not limited to, flexible spending accounts for out-of-pocket medical expenses and dependent care, accident insurance, cancer insurance, heart and stroke insurance, long term care insurance, and life insurance benefits. The City agrees to provide a Cafeteria Plan Allowance to all employees eligible to participate in City-sponsored health benefits under Section B1 of this Article. Any tax consequences resulting from City contributions to the Cafeteria Plan are the sole responsibility of the employee. a Campbell Municipal Employees Association Memorandum of Understanding July 1, 2012-June 30, 2014 Any increase to minimum monthly employer contribution under PEMHCA will result in a corresponding decrease in the employee's Cafeteria Plan Allowance C. Tuition Reimbursement City will continue the tuition reimbursement program as specified in Personnel Rules and Regulations Section 18.3.A, with a maximum reimbursement of $3,000 per year. D. Deferred Compensation In recognition of CMEA's concern for future medical insurance costs of prospective CMEA retirees, the City will continue to contribute $50 per pay period to each full time CMEA employee's ICMA Deferred Compensation account. The contribution for permanent part time CMEA employees will be prorated accordingly. E. Retiree Award Program The City will continue the existing Retiree Award Program based on the following criteria and features: • Minimum retirement age of 50 and retired from the City of Campbell. • Bills must be submitted to the City in January and July of each year for reimbursement for the prior six months' costs. • Award will not exceed cost for medical coverage for the retiree only (not dependents) on a reimbursement basis as follows: - For employees who have completed at least 17 years of service with the City of Campbell, award will be a maximum $325 per month. All other provisions of the Retiree Award Program will remain unchanged. F. Uniform Allowance City will provide a uniform allowance in the amount of $600 per year to the following classifications: Building Maintenance Worker I Building Maintenance Worker II Building Maintenance Lead Worker Utility Worker 5 Campbell Municipal Employees Association Memorandum of Understanding July 1, 2012 -June 30, 2014 City will provide an allowance of $150 per year to the following classifications for work boots/shoes: Building Inspector Senior Building Inspector Public Works Inspector Senior Public Works Inspector Code Enforcement Officer Associate Engineer Assistant Engineer Uniform allowance payments will be made once each fiscal year (in July). G. Bilingual Pay The City will provide bilingual pay at $75 per pay period. H. Healthy Life-Style Reimbursement The City will provide for CMEA a healthy life-style reimbursement with the following provisions: 1. Eligibility: a. Employee, spouse and dependents. b. Any City-sponsored recreation class/program/event offered through the City's recreation activity guide and where the class/program/event is offered during the MOU period. 2. Amount: a. A maximum of $4,300 per each MOU fiscal year for entire CMEA group. b. Reimbursement shall be authorized by at least two CMEA Board Members and final approval through Human Resources. IV. PERSONNEL RULES AND REGULATIONS Reduction of Hours Employees who have an involuntary reduction of hours shall be given written notification of such action, as will CMEA. Whenever possible, such notification shall be given a minimum of twenty (20) working days prior to the effective date of the reduction. Upon request, an employee so notified shall have the opportunity to meet with City representatives to discuss the circumstance requiring the reduction of hours. Campbell Municipal Employees Association Memorandum of Understanding July 1, 2012-June 30, 2014 V. RETROACTIVITY All proposals will be effective the pay period including July 1, 2012 if agreement is reached on or before June 30, 2012. If agreement is reached after June 30, 2012, proposals will be effective the first pay period following the date of agreement. VI. RATIFICATION This M.O.U. is subject to ratification by a majority vote of the employee organization represented herein within ten (10) days of execution by CMEA and by approval of a majority of the City Council of the City of Campbell within twenty (20) days of the date of execution. EXECUTED THIS ~ DAY OF JUNE 2012 BY THE EMPLOYER-EMPLOYEE REPRESENTATIVES WHOSE SIGNATURES APPEAR BELOW FOR THEIR RESPECTIVE ORGANIZATION. CITY REPRESENTATIVES CAMPBELL MUNICIPAL EMPLOYES ASSOCIATION ~~~~~ b~~J~'~ ~~ ~~~ ~~~ ~~~~yr~ . iv~i~ C~ ~' ~~,y ~~ I,, M1c,NA~.L s Cv-~- Side Letter Agreement Between City of Campbell And Campbell Municipal Employees Association (CMEA) July 1, 2012 This Side Letter of Agreement is executed by and between the City of Campbell ("City") and the Campbell Municipal Employees Association ("CMEA" or "Association"). The parties agree that they have met and conferred over the work furlough described in this Agreement. The following Agreement reflects the understanding of the parties arising from resolution of the meet and confer process. B. Furlough "Work furlough" refers to one or more hours of required unpaid leave taken on a consecutive or intermittent basis. All CMEA employees will be required to take fifty six (56) hours of furlough between July 1, 2012 and June 30, 2013 and between July 1, 2013 and June 30, 2014. Forty eight (48) hours will be taken at the employee's discretion. Eight (8) hours will be taken during the City Holiday Closure between December and January, specific dates to be determined. The following terms and conditions apply to the furlough program: a. Furloughs may be taken in a minimum of one hour increments, with prior supervisor approval. b. Employees may not use paid accrued leave during furlough time. c. Furlough time will be considered time in paid status for the following: • Accrual of paid leave • Seniority • Time in service for step increases Completion of probation • Eligibility for holidays, and • Eligibility for health and welfare benefits. Furlough time will be addressed in accordance with CaIPERS regulations for the purpose of pension. ~Crc~ 1 ~ Z e. No employee may perform work for the City during furlough time off unless authorized by management. f. The period of furlough time off will be unpaid. Furlough time off will be tracked under a separate unpaid hours code. g. Employees that have a voluntarily or involuntary reduction of hours will be exempt from furloughs for Fiscal Year 2012/13 and 2013/14. These affected employees may work during the City closure, work a flexible schedule, or record leave time based on supervisor approval. Employees on an unpaid leave of absence or workers' compensation leave for more than 30 consecutive days will have their furlough hours pro-rated. If furlough hours are not taken prior to leaving employment with the City, management has the authority to require a prorated share of the furlough hours to be taken. New hire employees shall have a prorated share of furlough hours. If, during the period of this agreement, the financial status of the City changes and there is no longer a necessity to continue furlough time, authorization by Council can be given to eliminate or decrease the number of furlough hours needed to be taken. IN WITNESS WHEREOF the parties hereto have executed this Side Letter of Agreement as dated above. On Behalf of the City Jill L ez/Human Res urces anager On Behalf of the CMEA ~J Edward Arango, CMEA Representative ~~c~e Z o~ Z G~