HomeMy WebLinkAboutContracts & Agreements_57-2006_CCv0001.pdf AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF REDLANDS AND THE
REDLANDS ASSOCIATION OF FIRE MANAGEMENT EMPLOYEES
This Amendment No. 1 to the Memorandum of Understanding dated June 21,
2005 by and between the City of Redlands ("City") and the Redlands Association of Fire
Management Employees ("RAFME") is made and entered into this 21 " day of March,
2006.
RECITALS
WHEREAS, it is the desire of the City and the RAFME 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 Fire Chief,
the City and RAFME agree as follows:
AGREEMENT
Section 1.. Article 34 is hereby added to the Memorandum of Understanding
between the City and RAFME, dated June 21, 2005, to read as follows:
"ARTICLE 34— FIRE CHIEF: TERMINATION
AND SEVERANCE
A. RAFME expressly acknowledges and agrees that the position of
Fire Chief 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 Fire Chief, without
cause.
B. Upon termination, the employee serving in the position of the Fire
Chief 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 (l 2) 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 Fire Chief 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 Fire Chief in an amount equal to the number of full
years remaining of the term of the Memorandum of Understanding
between the City and RAFME dated June 21, 2005. In connection with
the funding of"service credit," the City shall also pay to the Fire Chief for
any increases in federal and state taxes the Fire Chief is required to pay as
DJM\Agree\MQU Agreement RE Fire Management
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 Fire Chief 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
payment of six (6) inonths salary and lifetime medical insurance. Lifetime
medical insurance shall be provided only if the employee serving in the
position of the Fire Chief has the years of service as required in the
Memorandum of Understanding between the City and RAFME 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 RAFME dated June 21, 2005 shall remain in full force and effect.
IN WITNESS WHEREOF, the City and RAFME have executed this
Amendment to be effective as set forth herein.
CITY OF REDLANDS
t
Date:March 21 , 2006
Jo arrison, ayor
ATTEST:
Le Date:March 21 , 2006
Corrie oyzer, City rk
REDLANL)S ASSOCIATION OF FIRE
MANAGEMENT EMPLOYEES
Dater
Larry Egan, Presi ent
2
Joint Venture, LLC for support of the Redlands Fire Department operations and
approved an additional appropriation for the same.
Agreement - Fitness Appraisals, Inc. - On motion of Councilmember Gilbreath,
seconded by Councilmember Gallagher, the City Council unanimously approved
an agreement with Fitness Appraisals, Inc. to provide Wellness Evaluation
Program services to the Redlands Fire Department and its employees and
authorized the Mayor to execute, and the City Clerk to attest to, the document
on behalf of the City.
Contract - Computer Aided Dispatch and Records Management System - On
motion of Councilmember Gilbreath, seconded by Councilmember Gallagher,
the City Council unanimously approved a contract with Spillman Technologies,
Inc. for the purchase of a computer-aided dispatch and records management
system for the Police Department and authorized the Mayor to execute, and the
City Clerk to attest to, the document on behalf of the City.
Funds - Traffic Safety Seat-Belt Compliance Campaign - On motion of
Councilmember Gilbreath, seconded by Councilmember Gallagher, the City
Council unanimously accepted a grant of $24,895.00 from the State of
California Office of Traffic Safety for the Safety Seat-Belt Cornzpliance
Campaign and approved an additional appropriation for the same for the Police
Department to pay for police personnel overtime.
Funds - Avoid the 25 Traffic Safety Program - On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the City Council
unanimously accepted a grant of$18,000.00 from the State of California Office
of Traffic Safety for the Avoid the 25 Traffic Safety Program and approved an
additional appropriation for the same for the Police Department to pay for police
personnel overtime.
Agreement - California Fireless Contract - On motion of Councilmember
Gilbreath, seconded by Councilmember Gallagher, the City Council
unanimously approved the Local Government Entity Authorized Use Agreement
with Verizon Wireless allowing participation in the California Wireless contract
and authorized the Mayor to execute, and the City Clerk to attest to, the
document on behalf of the City.
MOU - Redlands Association of Fire Management Employees - On motion
of Councilmember Gilbreath, seconded by Councilmember Gallagher, the
City Council unanimously approved an amendment entitled "Fire Chief:
Termination and Severance" to the existing Memorandum of
Understanding with the Redlands Association of Fire Management
Employees and authorized the Mayor to execute, and the City Clerk to
attest to, the document on behalf of the City.
March 21,2006
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