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Home My WebLink About9825 - NB Ocean Lifeguard Association MOUr s RESOLUTION NO. 9825 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING THE MEMORANDUM OF UNDERSTANDING NEGOTIATED BY REPRESENTATIVES OF THE NEWPORT BEACH OCEAN LIFEGUARD ASSOCI- ATION AND THE CITY REPRESENTATIVES WHEREAS, Resolution No. 7173 of the City Council of the City of Newport Beach provides that the City Represen- tatives and Representatives of the Newport Beach Ocean Life- guard Association will meet and confer in good faith regarding matters within the scope of representation; and WHEREAS, the City Representatives and Representatives of the Newport Beach Ocean Lifeguard Association have jointly recommended approval of this Memorandum of Understanding by the City Council, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach does hereby approve the Memorandum of Understanding between the City of Newport Beach and the Newport Beach Ocean Lifeguard Association, a copy of which is attached hereto and made a part hereof, and authorizes the City's Representatives to execute the same on behalf of the City of Newport Beach, effective ,July 1, 1980. ADOPTED this 23rd day of June ATTEST: r ity Clerk CERTIFIED AS THE ORK31NAL Y ........................................ .._..........._......._.......� - ' C11Y CLERK OF THE CITY OF NEV&ONT MAW DAM JUL 1 1990 , 1980. kv 6/18/80 M MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NEWPORT BEACH AND • THE NEWPORT BEACH OCEAN LIFEGUARD ASSOCIATION The wages, hours and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and between the staff officials of the City of Newport Beach (hereinafter called "NEWPORT BEACH ") and the Newport Beach Ocean Lifeguard Association (hereinafter called "NBOLA ") and shall apply to all classifications set forth in Appendix "A" attached hereto and by this reference made a part hereof. The terms and conditions of employment that are set forth in this Memorandum have been discussed in.good faith be- tween NEWPORT BEACH and NBOLA. NBOLA agrees to recommend acceptance by its members of all the terms and.conditions of employment as set forth herein, and NEWPORT BEACH agrees to recommend to the Newport Beach City Council that all the terms and conditions of employment as set forth herein be incorpora ted in full in a resolution of the City Council. Upon the adoption of such a resolution, all the terms and conditions of this Memorandum so incorporated shall become effective with- out further action by either party. ARTICLE I NBOLA Recognition • NEWPORT BEACH hereby confirms its prior certifica- tion of NBOLA as the recognized employee organization for the employees in the Lifeguard unit, and agrees to meet and confer and otherwise deal exclusively with NBOLA on all matters within the scope and representation pertaining to the said employees as authorized by law. NBOLA agrees that during the life of this Memoran- dum it will not appear before the City Council or any other legislative body on any matter within the scope of the meet and confer process unless required under a subpoena, or by law, or by agreement with NEWPORT BEACH. ARTICLE II Salaries and Wages NEWPORT BEACH and NBOLA agree to the salary schedule for the various classifications as set forth in Appendix "A" to become effective July 1, 1980. -2- ARTICLE III Holidays • The Veterans' Day holiday, shall be celebrated November 11, 1980. ARTICLE IV Medical NEWPORT BEACH agrees to increase the maximum annual dental benefit from Five Hundred Dollars ($500.00) to Seven Hundred Fifty Dollars ($750.00) (basic and major). NEWPORT BEACH agrees to meet and confer with NBOLA representatives in a timely manner regarding the selection of an optional membership in a qualified health maintenance organization. ARTICLE V Continuation of Existing Benefits All employees in the classifications as set forth in Appendix "A" shall be covered by the terms and conditions and receive all the other benefits not specifically covered by any other Article of this Memorandum that are provided to -3- employees of NEWPORT BEACH as set forth in resolutions previously adopted by the City Council of the City of Newport • Beach for such purposes. The City Representative of NEWPORT BEACH will not recommend any revision or modification to such conditions or benefits which apply to employees in the classi- fications as set forth in Appendix "A" without the mutual agreement of NBOLA. ARTICLE VI Conclusiveness of Agreement This Memorandum contains all the covenants, stipu- lations and provisions agreed upon by the parties. Therefore, for the life of this Memorandum, neither party shall be com- pelled, and expressly waives its rights, to meet and confer with the other concerning any issues within the scope of repre- sentation, whether or not specifically met and conferred about prior to the execution of this Memorandum, except by mutual agreement of the parties. No representative-of either party has authority to make and none of the parties shall be bound by any statement, representation or agreement reached prior to the signing of this Memorandum and not set forth herein. me ARTICLE VII nil rA i- i nn • The terms of this Memorandum are to remain in full force and effect until the 30th day of Jun, 1981, and there- after from year to year unless within the time frame and in the manner designated in Section 13, Timetable for Submission of Requests, of the Employer - Employee Relations Resolution, either party serves written notice upon the other of its desire to make changes in this Memorandum. Upon adoption of a resolution approving this Memorandum and the terms hereof by the .City Council of the City of Newport Beach, this Memo- randum shall be in full force and effect as of July 1, 1980. ARTICLE VIII Separability Should any part of this Memorandum or any provisions herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by decree of a court of competent jurisdiction, such invalidation of such part or portion of this Memorandum shall not invalidate the remaining portions hereof and they shall remain in full force and effect. -5- " ARTICLE IX Non - Discrimination NEWPORT BEACH and NBOLA agree that there will be no discrimination by either party or by any of their agents against any employee because of his membership or nonmember- ship in NBOLA, or because of his race, creed, color, national origin, religious belief, political affilication, sex, or age. EXECUTED this 23rd day of June , 1980, at Newport Beach, California. CITY OF NEWPORT BEACH NEWPORT BEACH OCEAN LIFEGUARD AS OCIATION By By WAYN A. SCH AMMEL__- L A - CKABEY Personnel _D - C'.ty Representative / B'Y� Bv/ C RAY GAR R Finance Directo City Representa APPROVED AS TO FORM: ROBERT H. BURNHAM Assistant City Attorney 'S.-0 • Classification Marine Safety Capt. Marine Safety Lt. Marine Safety Offr. Boat Lieutenant APPENDIX "A" Salary Range 58.034 - 62.034 55.005 - 59.005 51.047 - 55.047 55.005 - 59.005 -7 - Approx. Mo. Salary 2,028 - 2,466 1,703 - 2,070 1,460 - 1,774 1,703 - 2,070