HomeMy WebLinkAboutCC Resolution 9020 (Child Care MOU)RESOLUTION NO. 9020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL PERTAINING TO THE COMPENSATION AND
WORKING CONDITIONS FOR CHILD CARE PROGRAM PERSONNEL
(16 MONTH AGREEMENT - 07/01/93 THROUGH AND INCLUDING 10/31/94)
WHEREAS, the City of San Rafael and Marin Association of
Public Employees S.E.I.U. - Local 949 Child Care Unit have met and
conferred with regard to wages, hours and working conditions in
accordance with the provisions of the Meyers-Milias-Brown Act; and
WHEREAS, a Memorandum of Understanding dated 9/20/93
and consisting of 6 pages and Exhibits A and B has been
executed by duly authorized representatives for both parties;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of San Rafael as follows:
Section 1. From and after the date of adoption of this
Resolution, the City of San Rafael and the Marin Association of
Public Employees, S.E.I.U. Local 949, shall utilize the Memorandum
of Understanding dated 9/20/93 as the official document of
reference regarding compensation and working conditions for
represented Child Care personnel.
Section 2. The schedule describing classes of positions and
salary ranges attached in Exhibit A to said Memorandum of
Understanding, together with the contract form and Memorandum of
Understanding itself, are hereby adopted and both shall be attached
hereto and incorporated in full.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael hereby
certify that the foregoing resolution was duly and regularly
introduced and adopted at a regular meeting of the Council of said
City on Monday—, the 20th of September , 1993, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Shippey, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Boro
JEANNE LEON I, City Clerk
u l� si sd L • � r .9 i�
OF UNDERSTANDING
BETWEEN THE CITY OF SAN RAFAEL
AND THE M.A.P.E. CHILD CARE UNIT
Period Covered: July 1, 1993 - October 31, 1994
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF BAN RAFAEL
AND THE M.A.P.E. CHILD CARE UNIT
JULY 1, 1993 - OCTOBER 31, 1994
TABLE OF CONTENTS
ARTICLE
PAGE
ARTICLE
I.
TERM
1
ARTICLE
II.
SALARY
1
ARTICLE
III.
INSURANCES
1
ARTICLE
IV.
PAID LEAVE
2
ARTICLE
V.
HOLIDAYS
3
ARTICLE
VI.
RETIREMENT
3
ARTICLE
VII.
DEFERRED COMPENSATION PLAN
3
ARTICLE
VIII.
UNIT TITLE
3
ARTICLE
IX.
WORK WEER
4
ARTICLE
X.
PROBATION
4
ARTICLE
XI.
TEMPORARY PROMOTIONS
4
ARTICLE
XII.
CLASSIFICATION SPECIFICATION
4
ARTICLE
XIII.
EMPLOYEE ORIENTATION LETTER
4
ARTICLE
XIV.
MATERNITY/PATERNITY BENEFITS
4
ARTICLE
XV.
CPR/FIRST AID TRAINING
4
ARTICLE
XVI.
GRIEVANCE PROCEDURE
5
ARTICLE
XVII.
INSPECTION OF MEMORANDUM
5
ARTICLE
XVIII.
EXISTING LAWS, REGULATIONS AND POLICIES
5
ARTICLE
XIX.
STRIKES AND LOCKOUTS
5
ARTICLE
XX.
FULL UNDERSTANDING, MODIFICATION, WAIVER
5
ARTICLE
BBI.
SEVERABILITY
6
ARTILCE
XXII.
PREVAILING RIGHTS
6
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SAN RAFAEL
AND THE CHILD CARE UNIT
ARTICLE I. TERM
The agreement shall be in effect from July 1, 1993 through
and including October 31, 1994.
ARTICLE II. SALARY
A. WAGE CLASS INCREASE
Effective July 1, 1993 a two percent (2%) salary increase
to all wage classes.
B. STEP INCREASES
Except as provided below, when considering a step
increase for Child Care Program employees, he/she must
have at least one year of satisfactory service and have
worked a minimum of 700 hours during the preceding year
and receive a positive evaluation from his/her
supervisor. If said employee does not qualify for a step
increase after each year of service, he/she will be
considered for that increase upon the completion of the
minimum 700 hour requirement.
ARTICLE III. INSURANCES
A. Health Insurance. The City shall contribute towards
health insurance premium cost an amount equal to the
premium cost of covering a single employee under the
Kaiser North Plan or $125 per month, whichever is less,
on behalf of Child Care Directors, Child Care Instructor
II's, Child Care Instructor I's, and the Child Care
Bookkeeper who are scheduled to work 35 hours or more.
Effective October 1, 1993, the dollar maximum will be
increased from $125 per month to $150 per month.
Effective October 1, 1993, part time employees whose
employment contract provides that they work at least
thirty hours per week (85.71% FTE) will receive an
equivalent prorated share of the City's contribution
towards their group health insurance premium cost.
B. Dental Plan. The City will provide a dental insurance
program for the employees in the classification of Child
Care Center Director. The City will pay the total
premium for the dental insurance program for these
eligible Child Care Center Director positions.
M.A.P.E. Child Care Unit
Memorandum of Understanding
07/01/93 - 10/31/94
Page 2
Effective October 1, 1993, the City will provide a dental
insurance program for eligible employees in the classifi-
cation of Child Care Center Instructor II. (Must be
contracted to work at least 35 hours per week).
Effective October 1, 1993, all employees enrolled in the
dental insurance program will be changed from Group 0001
to Group 0002 with its corresponding benefit levels.
C. State Disabilitv Insurance (SDI)
With the bargaining unit membership approval, the City
will continue to make appropriate deductions from
employee paychecks for State Disability Insurance (SDI).
SDI payments are to be integrated with paid Sick Leave.
D. 125 Plan. The City will continue to offer a 125 Plan
for excess health premiums.
ARTICLE IV. PAID LEAVE
A. The provisions of Vacation and Sick Leave as outlined in
Chapter 15, Section One and Two of the Personnel Rules
and Regulations (Resolution 5802 adopted November 5,
1979) shall apply to Child Care Unit employees with the
following exceptions:
1. Reference in Chapter 15 to part-time employees as
related to eligibility for Sick or Vacation Leave
are not applicable.
2. Vacation and Sick Leave accrual rates shall be based
on the daily hours an employee has contracted, to
vacation days per year according to the Vacation
Leave provisions of the Rules and Regulations. If
the employee's work day is six (6) hours, the
employee will accrue ten six hour vacation days.
3. Section 2(a) of the Sick Leave provisions stipulates
that employees who are absent for two or more
consecutive days shall file a physician's certifi-
cate with the Personnel Director is amended to
stipulate that in the event that an employee is
absent for two or more consecutive days, the super-
visor may request a physician's certificate.
M.A.P.E. Child Care Unit
Memorandum of Understanding
07/01/93 - 10/31/94
Page 3
4. Accrual rates shall be based upon years of service
in accordance with Chapter 15.
ARTICLE V. HOLIDAYS
Employees shall be granted the following holidays:
January 1st, third Monday in January, third Monday in
February, last Monday in May, July 4th, first Monday in
September, November 11th, Thanksgiving Day, day after
Thanksgiving Day, December 25th.
At the discretion of the Child Care Program Manager,, the
celebrated City holidays, noted above, will be coordinated
with the public schools served by the Child Care Centers.
ARTICLE VI. RETIREMENT
All employees in the classification of Child Care Director
who are contracted to work 37.5 or more hours per week,
shall be members of the Marin County Retirement Association.
The full share of the employee portion of the retirement
contribution shall be paid by the employee through automatic
payroll deductions. Employee rates shall be based upon the
age of employees as of January 1, 1991 or age at nearest
birthday from the date employee becomes eligible for
enrollment if after January 1, 1991.
Effective January 1, 1994, the City will pay two and a half
percent (2.5%) of the employee portion of the retirement
contribution.
ARTICLE VII. DEFERRED COMPENSATION PLAN
Child Care Unit employees who are contracted to work 35 hours
or more each week, are eligible to participate in the City's
Deferred Compensation Plan.
ARTICLE VIII. UNIT TITLE
This bargaining unit shall be referred to as the Child Care
Unit. Child Care employees covered by this Memorandum of
Understanding will be hired on a contract basis at the
appropriate salary and step, and the terms and conditions
of employment -as contained in the attached contract. This
includes the classifications of Child Care Director, Child
Care Instructors I and II, and Child Care Bookkeeper, who
work a twelve month year. Terms and conditions are based
M.A.P.E Child Care Unit
Memorandum of Understanding
07/01/93 - 10/31/94
Page 4
on a 37.5 hour work week
hour work week for Child
Child Care Bookkeepers.
ARTICLE IX. WORK WEER
for Child Care Directors and a 35
Care Instructors I and II and
The work week for Child Care Center Directors shall be 37.5
hours per week.
ARTICLE X. PROBATION
All employees hired on or after January 16, 1986, shall be
required to serve a probationary period of one (1) year.
ARTICLE XI. TEMPORARY PROMOTIONS
Employees assigned to work out of class and perform the work
of a Child Care Center Director for a period of three
consecutive days or longer, will be compensated at an hourly
rate of five percent (5%) greater than the employee's current
rate, or at the lowest step of the Child Care Center
Director's salary range, whichever is greater. The increase
shall be retroactive to include the first day.
ARTICLE XII. CLASSIFICATION SPECIFICATION
The City and the Union agree that the classification specifi-
cations developed as a part of this meet and confer process,
and dated January 1988, accurately describe the job classes
covered by this Memorandum of Understanding.
ARTICLE %III. EMPLOYEE ORIENTATION LETTER
The bargaining unit shall provide to the City a supply of
Union Orientation letters. The City shall distribute said
letter to all new employees covered by this Memorandum of
Understanding during its formal New Employee Orientation
Process.
ARTICLE XIV. MATERNITY/PATERNITY BENEFITS
Employees shall be entitled to the same maternity/paternity
benefits given regular City employees.
ARTICLE XV. CPR/FIRST AID TRAINING
An annual program for cardiopulmonary resuscitation (CPR) and
First Aid certification will be provided for persons working
as Child Care Directors and Instructors II.
M.A.P.E. Child Care Unit
Memorandum of Understanding
07/01/93 - 10/31/94
Page 5
ARTICLE XVI. GRIEVANCE
Chapter 16 of the Citv of San Rafael Rules and Rectulations,
titled, "Grievance Procedure", shall be followed should an
employee wish to initiate a grievance as defined in those
Rules.
ARTICLE XVII. INSPECTION OF MEMORANDUM
Both the City and the Union agree to keep duplicate originals
of this Memorandum on file in a readily accessible location,
available for inspection by any employee or member of the
public upon request.
ARTICLE XVIII. EXISTING LAWS, REGULATIONS AND POLICIES
This Memorandum is subject to all applicable laws.
ARTICLE XIX. STRIKES AND LOCKOUTS
During the term of this Memorandum, the City agrees that it
will not lock out employees, and the Union agrees that it
will not agree to, encourage or approve any strike or slow-
down growing out of any dispute relating to the terms of
this agreement. The Union will take whatever lawful steps
are necessary to prevent any interruption of work in
violation of this agreement, recognizing with the City that
all matters or controversy within the scope of this agreement
shall be settled by established procedures set forth in the
City's charter, ordinances and regulations, as may be amended
from time to time.
ARTICLE XX. FULL UNDERSTANDING. MODIFICATION, WAIVER
1. The parties jointly represent to the City Council that
this Memorandum of Understanding sets forth the full and
entire understanding of the parties regarding the matters
set forth herein.
2. Except as specifically otherwise provided herein, it is
agreed and understood that each party hereto voluntarily
and unqualifiedly waives its right, and agrees that the
other shall not be required to meet and confer with respect
to any subject or matter covered herein, nor as to wages or
fringe benefits, during the period of the term of this
Memorandum. The foregoing shall not preclude the parties
hereto from meeting and conferring at nay time during the
term of this agreement with respect to any subject matter
M.A.P.E. Child Care Unit
Memorandum of Understanding
07/01/93 - 10/31/94
Page 6
within the scope of meeting and conferring for a proposed
Memorandum of Understanding between the parties, to be
effective on or after November 1, 1994.
ARTICLE %%I. SEVERABILITY
If any article, paragraph or section of this Memorandum shall
be held to be invalid by operation of law, or by any tribunal
of competent jurisdiction, or if compliance with or any
enforcement of any provision hereof be restrained by such
tribunal, the remainder of this Memorandum shall not be
affected thereby, and the parties shall, if possible, enter
into meet and confer sessions for the sole purpose of
arriving at a mutually satisfactory replacement for such
article, paragraph or section.
ARTICLE BBII. PREVAILING RIGHTS
All matters within the scope of meeting and conferring which
have previously been adopted through rules, regulations,
ordinance or resolution, which are not specifically
superseded by this Memorandum of Understanding, shall remain
in full force and effect throughout the terms of this
agreement.
MARIN ASSN. OF PUBLIC EMPLOYEES
r
BY
Steve O'Keefe
Executive Secretar
BY
Scott Fletcher
Employee Representative
BY.��P
Patricia Pennock
Employee Representative
DATE: ���A✓ • l �J 3
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AGREEMENT
THIS AGREEMENT made and entered into the day of
, by and between the CITY OF SAN RAFAEL, hereafter referred
to as "CITY" and
9
hereafter referred to as "CONTRACT EMPLOYEE".
WHEREAS, the CITY, in order to provide Child Care Services to
its residents determined to employ qualified individuals for a
fixed term to administer and/or provide program services; and
WHEREAS, the City, in order to provide such child care
services is authorized to employ a
NOW, THEREFORE, in consideration of the mutual covenants and
agreements contained herein, the parties hereby agree as follows:
1. The City hereby contracts with CONTRACT EMPLOYEE to
perform services as a
2. CONTRACT EMPLOYEE agrees to perform, the services required
as set forth in the appropriate job class specification,
attached hereto as Exhibit "A" and incorporated herein by
reference.
3. In consideration of CONTRACT EMPLOYEE performing these
services in the above stated position, he/she shall then
be compensated as follows:
Employee shall be paid each month on the business day
falling on or nearest the fifteenth (15th) and the last
day of the month in the same manner as full-time, regular
employees of the City of San Rafael.
4. CONTRACT EMPLOYEE is entitled to and agrees to the terms
and conditions of the Child Care Memorandum of
Understanding with Marin Association of Public Employees
(M.A.P.E.) SEIU Local 949 described in City Resolution
#8110.
5. Contract Employee agrees that as a condition of
employment, the employee agrees to abide by the terms of
the City's Drug -Free Workplace Policy.
6. CONTRACT EMPLOYEE shall be entitled to benefits as
outlined herein in accordance with the Memorandum of
Understanding. Said CONTRACT EMPLOYEE shall receive paid
holidays, vacation and sick leave based on a hour
day. CONTRACT EMPLOYEE agrees to work days per week.
7. CONTRACT EMPLOYEE named herein is entitled to:
A. CITY paid contribution to health benefits.
YES NO-
B. CITY paid dental benefits.
YES NO
C. Participation in CITY retirement program.
YES NO
D. CITY provided CPR training.
YES NO
Exiiiil, T "S"
8. Either party may terminate this agreement upon fifteen
(15) days written notice; and CITY may also terminate this
employment agreement, at its option on the occurrence of
any one of the following special events:
A. The loss of a facility in which program services are
provided due to events beyond the control of CITY, or
occurrence of circumstances that make it impossible
or impractical for the program services to be
continued.
B. The inadequacy of revenues generated by the program
services.
9. If a particular child care program (as opposed to the
entire child care program) is running a deficit or the
facility is no longer available, it may be closed and its
programs terminated or consolidated with other centers.
In the event this occurs, Employees who work at the closed
program/facility shall be considered for transfer to
another like position in an operating child care facility
based upon a review of their performance evaluations and
seniority in accordance with Chapter 8, Section 3 of the
City's Personnel Rules (Incorporation of this portion of
the Rules is for ease and simplicity and in no way implies
incorporation of the remainder of the body of those
Rules). Performance evaluations shall be written at least
annually.
lo. The parties agree to submit any claims or disputes arising
out of this agreement to binding arbitration pursuant to
the current provisions of the California Code of Civil
Procedure and any successor statutes.
IN WITNESS WHEREOF, the parties hereto have entered into this
Agreement the day and year first written above.
CITY OF SAN RAFAEL:
DATE:
PAMELA NICOLAI
City Manager
ATTEST:
JEANNE M. LEONCINI
APPROVED AS TO FORM
�1 Cl AL1 Lls�7lLDO
f f�i� �//f
`CITY ATTORN,ZY
CONTRACT EMPLOYEE:
DATE:
DATE:
DATE:
DATE :/02 3AI