HomeMy WebLinkAboutContracts & Agreements_73-2006_CCv0001.pdf AMENDMENT NO. 2 TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF REDLANDS AND THE
REDLANDS ASSOCIATION OF SAFETY MANAGEMENT EMPLOYEES
This Amendment No. 2 to the Memorandum of Understanding dated June 21, 2005
by and between the City of Redlands ("City") and the Redlands Association of Safety
Management Employees("RASME") is trade and entered into this 18th day of April,2006.
RECITALS
WHEREAS, it is the desire of the City and the RASME to amend their existing
Memorandum of Understanding dated June 21, 2005 to provide clarification regarding
certain benefits afforded to the City employee serving in the position of the Chief of Police,
the City and RASME agree as follows:
AGREEMENT
Section 1. Article 29 is hereby added to the Memorandum of Understanding
between the City and RASME, dated June 21, 2005, to read as follows:
"ARTICLE 29 - CHIEF OF POLICE: TERMINATION
AND SEVERANCE
A. RASME expressly acknowledges and agrees that the position of
Chief of Police is an "at-will" position and that, in accordance with the
City's Municipal Code, the City Manager may exercise his or her authority
to terminate the employee serving in the position of the Chief of Police,
without cause.
B. Upon termination, the employee serving in the position of the
Chief of Police shall receive the following severance package: (i) twelve
(12) months salary; (ii) all City-provided benefits that the employee would
have legally accrued during the twelve (12) months following the date of
termination including, but not limited to: vacation pay, holiday pay,
executive leave pay, deferred compensation and sick leave accruals; and
(iii) lifetime medical insurance, provided the employee serving in the
position of Chief of Police has been employed with the City for 15 years or
more at the time of termination. In addition, upon termination, the City
shall fund the purchase of PERS "service credit" for the employee serving
in the position of the Chief of Police in an amount equal to the number of
full years remaining of the term of the Memorandum of Understanding
between the City and RASME dated June 21, 2005. In connection with
the funding of"service credit," the City shall also pay to the Chief of
Police for any increases in federal and state taxes the Chief of Police is
DJMIAgreelMOU Agreement RE Safety Management
required to pay as a result of such "service credit" (collectively, the
foregoing payments are hereinafter referred to as the "Severance
Package"). Provided, however, in the event the employee serving in the
position of the Chief of Police is terminated for cause, the employee shall
not be entitled to the Severance Package. "Cause" shall mean the
following:
(i) Conviction of a felony crime, or a misdemeanor crime of
moral turpitude;
(ii) Malfeasance or non-performance of duties; or
(iii) Deliberate insubordination.
C. Notwithstanding the foregoing, effective January 1, 2007 the above
described Severance Package shall be reduced to consist solely of the
payment of six (6) months salary and lifetime medical insurance. Lifetime
medical insurance shall be provided only if the employee serving in the
position of the Chief of Police has the years of service as required in the
Memorandum of Understanding between the City and RASME dated June
21, 2005, to earn the benefit.
D. For purposes of resolving any dispute regarding whether "cause"
exists and the Severance Package has been properly denied, the City shall
have the burden of establishing the same by a preponderance of evidence.
Section 2. All of the provisions of the Memorandum of Understanding between
the City and the RASME dated June 21, 2005 shall remain in full force and effect.
IN WITNESS WHEREOF,the City and RASME have executed this Amendment to
be effective as set forth herein.
CITY OF REDLANDS
Date: April 18 , 2006
Jopilarrison, Mayor
ATTEST:
PW Date: April 18 , 2006
Lo oyzer, Ci C rk
2
REDLANDS ASSOCIATION OF SAFETY
MANAGEMENT EMPLOYEES
Date: RC1
Cletus Hyman, Presid it
3
Funds - Agreement - Engineering Consulting Services - On motion of
Councilmember Gilbreath, seconded by Councilmember Gil, the City Council
unanimously approved a consultant services agreement with AEI-CASC, Inc. to
provide plan and map review services, authorized the Mayor to execute, and the
City Clerk to attest to, the document on behalf of the City and authorized an
appropriation in the amount of$128,000.00 which will be recouped through the
plan/map review fees to be charged to the developers.
Report - Tate Water Treatment Plant Effluent Pipeline Replacement Project -
On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the
report on the Tate Water Treatment Plant Effluent Pipeline Replacement Project
was acknowledged as received.
Acivastream Sand Control Device Purchase - On motion of Councilmember
Gilbreath, seconded by Councilmember Gil, the City Council unanimously
authorized the purchase of one Aquastream Sand Control Device for the Rees
Well for a total amount of$19,800.00.
Agreement - Tennis Program - On motion of Councilmember Gilbreath,
seconded by Councilmember Gil, the City Council unanimously approved an
agreement with Gabriel Jacob to develop and conduct a tennis program for the
City's Recreation Bureau and authorized the Mayor to execute, and the City
Clerk to attest to, the document on behalf of the City.
Contract - Assistance Leavue of Redlands Project - On motion of
Councilmember Gilbreath, seconded by Councilmember Gil, the City Council
unanimously awarded a contract for architectural and design services to
Jonathan L. Zane for the Assistance League of Redlands Project under the
CDBG program and authorized the Mayor to execute, and the City Clerk to
attest to, the document on behalf of the City.
Agreement - �EmployMent Relations Consortium - On motion of
Councilmember Gilbreath, seconded by Councilmember Gil, the City Council
unanimously approved an agreement for special services with Liebert Cassidy
Whitmore to continue membership in the East Inland Empire Employment
Relations Consortium and authorized the Mayor to execute, and the City Clerk
to attest to, the document on behalf of the City.
MOU :amendment - RASME - On motion of Councilmember Gilbreath,
seconded by Councilmember Gil, the City Council unanimously approved
Amendment No. 2 to the Memorandum of Understanding with the
Redlands Association of Safety Management Employees relating to the
Chief of Police (Termination and Severance) and authorized the Mayor to
execute, and the City Clerk to attest to, the document on behalf of the City.
April 18, 2006
Page 3
Funds - Agreement - Engineering Consulting_ Services - On motion of
Councilmember Gilbreath, seconded by Councilmember Gil, the City Council
unanimously approved a consultant services agreement with AEI-CASC, Inc. to
provide plan and map review services, authorized the Mayor to execute, and the
City Clerk to attest to, the document on behalf of the City and authorized an
appropriation in the amount of$128,000.00 which will be recouped through the
plan/map review fees to be charged to the developers.
Report - Tate Water Treatmcnt Plant Effluent Pipeline Replacement Project -
On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the
report on the Tate Water Treatment Plant Effluent Pipeline Replacement Project
was acknowledged as received.
Aquastream Sand. Control Device Purchase - On motion of Councilmember
Gilbreath, seconded by Councilmember Gil, the City Council unanimously
authorized the purchase of one Aquastream Sand Control Device for the Rees
Well for a total amount of$19,800.00.
Agreement - Tennis Program - On motion of Councilmember Gilbreath,
seconded by Councilmember Gil, the City Council unanimously approved an
agreement with Gabriel Jacob to develop and conduct a tennis program for the
City's Recreation Bureau and authorized the Mayor to execute, and the City
Clerk to attest to, the document on behalf of the City.
Contract - Assistance League of Redlands Project - On motion of
Councilmember Gilbreath, seconded by Councilmember Gil, the City Council
unanimously awarded a contract for architectural and design services to
Jonathan L. Zane for the Assistance League of Redlands Project under the
CDBG program and authorized the Mayor to execute, and the City Clerk to
attest to, the document on behalf of the City.
Agreement - Employment Relations Consortium - On motion of
Councilmember Gilbreath, seconded by Councilmember Gil, the City Council
unanimously approved an agreement for special services with Liebert Cassidy
Whitmore to continue membership in the East Inland Empire Employment
Relations Consortium and authorized the Mayor to execute, and the City Clerk
to attest to, the document on behalf of the City.
MOU Amendment - RASME - On motion of Councilmember Gilbreath,
seconded by Councilmember Gil, the City Council unanimously approved
Amendment No. 2 to the Memorandum of Understanding with the
Redlands Association of Safety Management Employees relating to the
Chief of Police (Termination and Severance) and authorized the Mayor to
execute, and the City Clerk to attest to, the document on behalf of the City.
April 18.2006
Page 3