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HomeMy WebLinkAboutContracts & Agreements_233-2017TOLLING AGREEMENT REGARDING GRIEVANCE PROCEDURE BETWEEN THE CITY OF RE, DLANDS AND THE REDLANDS POLICE OFFICERS ASSOCIATION AND GREG HOLMER This Tolling Agreement is entered into this 7th day of November, 2017 ("Effective Date") by and between the City of Redlands ("City"), on one hand, and the Redlands Police Officers Association ("RPOA"), on behalf of each of its represented employees, and Greg Hohner (collectively, "Grievants"), on the other hand, ( the City and Grievants are sometimes individually referred to herein as a "Party" and, collectively, as the "Parties"), with reference to the following facts and terms and conditions. RECITALS A. On or around November 4, 2016, the Grievants initiated a grievance pursuant to the City's grievance procedure, set forth in Article IX(D)(1) of the City's Personnel Rules and Regulations. The Grievants alleged a dispute with the City involving the interpretation of Article 20 of the 2014-2017 Memorandum of Understanding between the City and the RPOA ("RPOA MOU"). The Grievants contend that the language in Article 20 of the RPOA MOU which states, "This health insurance shall be at no cost to the retired employee and shall cover the employee, spouse and eligible dependents", should be interpreted to mean that the health insurance benefit that the City is obligated to provide pursuant to Article 20 includes the City's payment of co -payments, coinsurance and deductibles (the "Grievance"); and B. Since initiating the Grievance, the Parties have met on several occasions to discuss the Grievance in an attempt to informally resolve issues related to the Grievance. During that time and up to the effective date of this Tolling Agreement, the Parties agreed to extend deadlines articulated in the City's grievance procedure; and C. The City and Grievants previously entered into an agreement tolling all deadlines set forth in the City's grievance procedure and statutes of limitations for all claims or causes of action related to the subject matter of the Grievance until December 9, 2017. A true and correct copy of that agreement is attached hereto as Exhibit 1 and fully incorporated herein by reference. D. The Parties now desire to continue to toll all deadlines set forth in the City's grievance procedure, and all statutes of limitations for claims and causes of action the Parties may have against each other, relating to the subject matter of the Grievance, to allow for further discussions between the Parties to continue without prejudice to either Party, until January 31, 2018, or as of the date this Tolling Agreement may be earlier terminated pursuant to Sections 4 and 5 hereof. NOW, THEREFORE, based upon these Recitals and in consideration of the mutual promises of the Parties contained within the following Terms and Conditions, the Parties agree to enter into this Tolling Agreement as follows: IAcaldjmlAgreements117.11.03_ RPOA Grievance Process Totting Agreement ILdoex TERMS AND CONDITIONS All of the foregoing Recitals are true and correct and are incorporated herein as part of this Tolling Agreement for all purposes. 2. All deadlines set forth in the City's grievance procedure and statutes of limitations for all claims or causes of action related to the subject matter of the Grievance shall hereby continue to be tolled as set forth in the agreement attached hereto as Exhibit I for the Parties as of the Effective Date of this Tolling Agreement and shall remain so until January 31, 2018, or as of the date this Tolling Agreement may be earlier terminated pursuant to Sections 4 and 5 hereof. Nothing in this Tolling Agreement shall be construed as an admission by any Party of any fault or liability, or lack thereof, nor shall it be construed as a waiver, retraction or modification of the positions of any Party on the merits of any claim. 4. Any notice or other communication required, or which may be given, pursuant to this Tolling Agreement shall be in writing and sent to the address as specified herein. Any such notice or communication shall be deemed delivered (i) on the date of delivery in person; (ii) on the date sent by facsimile or email, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide in accordance with this section; (iii) on the actual delivery date if deposited with an overnight currier; or (iv) five (5) days after deposit in first class registered mail, with return receipt requested. City Amy Martin, Director Human Resources Department "aJ"on!"reet, Suite 10 PO. Box 3005 (mailing) Redlands, CA 92373 Grievants: Gregory Holmer RPOA President Patrick Leivas WHOM �01, Jacob A. Kalinski, Esq. Rains Lucia Stern St. Phalle & Silver, PC 1428 2nd Street Suite 200 Santa Monica, CA 90401 This Tolling Agreement may be terminated by the written mutual consent of the Parties, or by either Party, in its sole discretion, upon thirty (30) days prior written notice to the other Party of the date this Tolling Agreement shall be terminated. 1 Aca\djm\AgreemenisV 7.1 1.03_ RPOA Grievance Process Tailing Agreement II.docx 6. This Tolling Agreement may not be used or relied upon for any purpose other than the enforcement of its terms. This Tolling Agreement shall not be admissible in any proceeding and shall not be used by any Party in any proceeding, except solely for the purpose of establishing, if the matter is contested, the tolling of the matters set forth in Section 2 of this Tolling Agreement. 7. This Tolling Agreement constitutes the complete understanding of the Parties with respect to the subject matter hereof, and there are no covenants, conditions, or terms other than those expressly set forth in this Tolling Agreement with respect to such subject matter. Each Party has cooperated in the drafting and preparation of this Tolling Agreement. Hence, in any legal construction or interpretation to be made of this Tolling Agreement, the same shall not be construed against any Party. This Tolling Agreement may not be amended, modified, or supplemented, except in writing duly executed by all Parties and delivered to all Parties to this Tolling Agreement. 9. The signatories to this Tolling Agreement represent and warrant that they have the authorization and power to bind the Party on whose behalf they are signing. 10. This Tolling Agreement may be signed in counterparts, each of which shall be deemed an original, and all such counterparts constituting one Tolling Agreement. The exchange of copies of this Tolling Agreement and of signature pages by facsimile transmission or email and/or with e-signatures shall constitute effective execution and delivery of this Tolling Agreement as to the Parties and may be used in lieu of the original Tolling Agreement for all purposes. Signatures of the Parties transmitted by facsimile or email shall be deemed to be their original signatures for all purposes. Each Party signing this Tolling Agreement represents that he, she or it has read the Agreement, understands it, and intends to be legally bound by all of its terms. I:lca\djm\Agreemeats117. l 1,03_ RPOA Grievance Process Tolling Agreement Il.docx 11. This Tolling Agreement shall be construed, governed, and enforced in accordance with the laws of the State of California. AGREED AND ACCEPTED: Redlands Police Officers Association, on behalf of each of its represented employees and Greg Rohner, as an individual DATED: November 7, 2017 �Gk ��Z_ By: Patrick Leivas President of the Redlands Police Officers Association DATED: November Z,.1, 2017 'A tWWer 1�1` CITY OF REDLANDS 40= DATED: November ! , 2017 B 0 , Paul W. Foster, Mayor Attest BY: ne Donaldson, City Clerk 11ca\djmlAgreements\i T 11.03_ RPOA Grievance Process Tolling Agreement ILdocs TOLLING AGREEMENT REGARDING GRIEVANCE PROCEDURE BETWEEN THE CITY OF REDLANDS AND THE RE, DLANDS PQLIICE OFFICERS ASSOCIATION AND GREG HOLMER This Tolling Agreement is entered into this 6th day of June, 2017 ("Effective Date") by and between the City of Redlands ("City"), on one hand, and the Redlands Police Officers Association ("RPOA"), on behalf of each of its represented employees, and Greg Holmer (collectively, "Grievants'), on the other hand, ( the City and Grievants are sometimes individually referred to herein as a "Party" and, collectively, as the "Parties"), with reference to the following facts and terms and conditions. RECITALS A. On or around November 4, 2016, the Grievants initiated a grievance pursuant to the City's grievance procedure, set forth in Article IX(D)(1) of the City's Personnel Rules and Regulations. The Grievants alleged a dispute with the City involving the interpretation of Article 20 of the 2014-2017 Memorandum of Understanding between the City and the RPOA ("RPOA MOU"). The Grievants contend that the language in Article 20 of the RPOAMOU which states, "This health insurar ce shall be at no cost to the retired employee and shall cover the employee, spouse and eligible dependents", should be interpreted to mean that the health insurance benefit that the City is obligated to provide pursuant to Article 20 i:ncludes.the City's payment of co -payments, coinsurance and deductibles (the. "Grievance'); and B. Since initiating the Grievance, the Parties have met on several occasions to discuss the Grievance in an attempt to informally resolve issues related to the Grievance. During that time and up to the effective date of this Tolling Agreement, the Parties agreed to extend deadlines articulated in the City's grievance procedure; and C. The Parties now desire to toll all deadlines set forth in the City's grievance procedure, and all statutes of limitations for claims and causes of action the Parties may have against each other, relating to the subject matter of the Grievance, to allow for further discussions between the Parties to continue without prejudice to either Party; and NOW, THEREFORE, based upon these Recitals and in consideration of the mutual promises of the Parties contained within the following Terms and Conditions, the Parties agree to enter into this Tolling Agreement as follows; TERMS AND CONDITIONS 1 _ All of the foregoing Recitals are true and correct and are incorporated herein as part of this Tolling Agreement for all purposes. 2. All deadlines set forth in the City's grievance procedure- and statutes of limitations for all claims or causes of action related to the subject matter of the Grievance shall hereby be tolled for the Parties as of the Effective Date of this Tolling Agreement 8191420.1 RE03S-M27 and shall remain so until December 9, 2017, or as of the date this Tolling Agreement may be earlier terminated pursuant to Section 4 hereof. 3. Nothing in this Tolling Agreement shall be construed as an admission by any Party of any fault or Usability, or lack thereof, nor shall it be construed as a waiver, retraction or modification of the positions of any Party on the merits of any claim. 4. Any notice or other communication required, or which may be given, pursuant to this Tolling Agreement shall be in writing and sent to the address as specified herein. Any such notice or communication shall be deemed delivered (i) on the date of delivery in person; (ii) on the date sent by facsimile or email, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide in accordance with this section; (iii) on the actual delivery date if deposited with an overnight currier; or (iv) five (5) days after deposit in first class registered mail, with return receipt requested. CiLY Amy Martin, Director Human Resources Department City of Redlands 35 Cajon Street, Suite 10 Pd. Box 3005 (retailing) Redlands, CA 92373 Grievants: Gregory Holmer 1433 Revelation Way Redlands, CA 92374 RPOA President Patrick Leivas 7897 San Benito Street Highland, CA 92346 Jacob A. Kalinski, Esq, Rains Lucia Stern St. Phalle & Silver, PC 142.8 2nd Street Suite 200 Santa Monica, CA 90401 Such addresses may be changed by notice to the other Party given in the same manner as provided above. This Tolling Agreement may be terminated by the written mutual consent of the Parties, or by either Party, in its sole discretion, upon thirty (30) days prior written notice to the other Party of the date this Tolling Agreement shall be terminated. 5. This Tolling Agreement may not be used or relied upon for any purpose other than the enforcement of its terms. This Toiling Agreement shall not be admissible in any proceeding and shall not be used by any Party in any proceeding, except solely for the purpose of establishing, if the matter is contested, the tolling of the matters set forth in Section 2 of this Tolling Agreement, 81914:.0.1 RZ035.027 7. This Tolling Agreement constitutes the complete understanding of the Parties with respect to the subject matter hereof, and there are no covenants, conditions, or terms other than those expressly set forth in this Tolling Agreement with respect to such subject matter. Each Party has cooperated in the drafting and preparation of this Tolling Agreement. Hence, in any legal construction or interpretation to be made of this Tolling Agreement, the same shall not be construed against any Party, S. This Tolling Agreement may not be amended, modified, or supplemented, except in writing duly executed by all Parties and delivered to at] Parties to this Tolling Agreement, 9. The signatories to this Tolling Agreement represent and warrant that they have. the authorization and power to bind the Party oa whose behalf they are signing. 10. This Tolling Agreement may be signed in counterparts, each of which shall be deemed an original, and all such counterparts constituting one Tolling Agreement. The exchange of copies of this Tolling Agreement and of signature pages by, facsimile transmission or email and/or with e-signatures shall constitute effective execution and delivery of this Tolling Agreement as to the Parties and may be used in lieu of the original Tolling Agreement for all purposes_ Signatures of the Parties transmitted by facsimile or email shall be deemed to be their original signatures for all purposes. Each Party signing this Tolling Agreement represents that he, she or it has read the Agreement, understands it, and intends to be legally bound by all of its terms. 31814MI RE035-027 11. This Tolling Agreement shall be construed; governed, and enforced in accordance with the laws of the State of California. AGREED AND ACCEP7F-D: DATED i (%'f . 2017 DATED: ? , 2017 DATED: i , 2017 ZI9I42€1.1 RE035-027 Redlands Police Officers Association, on behalf of each of its represented employees and Greg Holmer, as an individual By: — (I Patrick Leivas President of the Redlands Police Officers Association By: G rraer CITY OF REDLANDS i � 1 Paul W—Foster, Mayor Attest BY: Ieannekonaldson, City Clerk