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CC Resolution No. 9897RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CUPERTINO AND THE CITY EMPLOYEES' ASSOCIATION WHEREAS, several discussions have been held over proposals concerning wages, hours, and other terms and conditions of employment between representatives of the City and of the City Employees' Association, the recognized majority representative of the Miscellaneous Employees Unit; and WHEREAS, the agreement mutually obtained through these discussions has been recorded in a Memorandum of Understanding signed by both parties, which memorandum has been submitted to the City Council for approval. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino does hereby adopt the attached Memorandum of Understanding between the City of Cupertino and the City Employees' Association PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of July, 1997, by the following vote: Vote Members of the City Council AYES: Burnett, Chang, Dean, Sorensen, NOES: None ABSENT: None ABSTAIN: None Mayor Bautista ATTEST: Ci~' APPROVED: ~1~ ay~r ~ C~ty- ~Jf~r t~fi~ Cupertino Employees' Association and City of Cupertino July 1, 1997- June 30, 1999 SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 8 SECTION 9 SECTION 10 SECTION 11 SECTION 12 SECTION 13 SECTION 14 CUPERTINO EMPLOYEES' ASSOCIATION Table of Contents NO DISCRIMINATION SALARY SCHEDULE OUT-OF-CLASS WAGE PAY HOURS OF WORK 4.1 Hours of Work Defined 4.2 Overtime 4.3 Schedules 4. 4 Rest Periods 4. 5 Payment of Overtime 4. 6 Compensatory Time Off 4. 7 Leave Accruals Page 1 2 3 3 3 4 4 4 4 4 4 P.EiR. S. CONTRIBUTION INSURANCE COVERAGE 6.1 Health - Medical Insurance 5 6.2 Dental Insurance 5 6. 3 Life Insurance 5 6. 4 Long Term Disabili _ty 5 6. 5 Vision Care Insurance 5 5 HOLIDAYS 7.1 Fixed Holidays 6 7. 2 Floating Holidays 6 7.3 Holiday Pay 6 TEMPORARY DISABILITY BENEFITS 7 8.1 Use of Sick Leave to Supplement Disabili _ty Payments 7 8. 2 Use of Sick Leave for Industrial Injury Medical Appointments 7 VACATION SICK LEAVE FAMILY LEAVE PERSONAL LEAVE BEREAVEMENT LEAVE MILITARY LEAVE 7 8 10 10 10 10 SECTION 15 SECTION 16 SECTION 17 SECTION 18 SECTION 19 SECTION 20 SECTION 21 SECTION 22 SECTION 23 SECTION 24 SECTION 25 SECTION 26 SECTION 27 SECTION 28 PREGNANCY DISABILITY LEAVE ADOPTION LEAVE CATASTROPHIC LEAVE ABSENCE NOTIFICATION TRAINING & TUITION REIMBURSEMENT CITY SPONSORED RECREATION PROGRAMS DUE PROCESS LAYOFFS REINSTATEMENT CONTINUATION OF BENEFITS SEPARABILITY RATIFICATION EXTENDED BENEFITS TERM 10 11 12 12 12 12 12 13 13 13 13 13 13 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF CUPERTINO AND CUPERTINO EMPLOYEES' ASSOCIATION This agreement, entered into the 1st day of July, 1997 between the City of Cupertino, hereinafter referred to as "City", and representatives of the Cupertino Employees' Association, hereinafter referred to as "Association", pursuant to California Government Code 3500 et seq., and the City Employer - Employee Relations Policy (Cupertino Municipal Code 2.52.280 et seq.). The Association is the recognized sole and exclusive representative. This agreement represents the full and integrated agreement reached between the parties. SECTION 1: NO DISCRIMINATION City and Association agree they shall not discriminate in any way on account of race,, color, creed, religion, sex, age, national origin, political affiliation, sexual preference, disability, or for Association activity. SECTION 2: SALARY SCHEDULE a. The following approximate monthly salary ranges will apply for each classification effective at the beginning of the pay period in which July 1, 1997 occurs. Classification Approximate Monthly Salary Range Account Clerk $2800 - $3403 Administrative Asst. $4322 $5253 Administrative Clerk $2979 - $3621 Assistant Civil Engineer $4322 - $5253 Associate Planner $4365 - $5306 Building Inspector $4272 - $5193 Cable Producer $2935 - $3567 Clerk Typist $2380 - $2893 Code Enforcement $3100 - $3768 Engineering Technician $3684 - $4478 Environmental Programs Asst. $3684 - $4478 Facility Attendant $2154 - $2618 Planner I $3777 - $4592 Planner II $4071 - $4948 Program Director $2643 - $3212 Promotions Director $2276 - $2776 Public Information Aide $2133 - $2592 · Public Works Inspector $4111 - $4997 Receptionist/Clerk $2154 - $2618 Recreation Coordinator $2929 - $3560 Senior Building Inspector $4559 - $5541 Senior Clerk Typist $2502 - $3041 Sr. Engineering Technician $3970 - $4826 Senior Traffic Technician $3970 - $4826 Special Program Coordinator $2643 - $3212 Traffic Signal Technician $4111 - $4997 Traffic Technician $3684 - $4478 Pay Grade 109 199 123 199 192 190 120 78 131 167 167 58 163 178 99 69 56 190 58 121 203 88 182 182 99 190 167 bo The City Will perform a total compensation survey which will include the following Santa Clara County cities prior to negotiations for a successor agreement. Campbell Los Gatos Mt. View Santa Clara Gilroy Milpitas Palo Alto Saratoga Los Altos Morgan Hill San Jose Sunnyvale c. Comparable classifications must be found in at least six (6) cities for a benchmark classification to be considered. d. The City of Cupertino will place in the top four cities in total compensation for each benchmark classification. eo Any total compensation adjustment for a benchmark classification to place in the top four cities will also be provided to classifications related to the benchmark as set forth below: Account Clerk Administrative Assistant Cable Producer Program Director Program Director Promotions Director Engineering Technician Environmental Programs Assistant Sr. Engineering Technician Sr. Traffic Technician Traffic Technician Traffic Works Inspector Assistant Civil Engineer Building l_~pector Code Enforcement Officer Public Works Inspector Sr. Building Inspector Planner II Associate Planner Planner I Recreation Supervisor* Recreation Coordinator Clerk Typist Administrative Clerk Facility Attendant Public Information Aide Special Program Coordinator * not in Representation Unit A total compensation adjustment based on the Consumer Price Index for Urban Wage Earners and Clerical Workers for San Francisco, Oakland, San Jose (Bay Area) for the May 1997/May 1998 period will be made effective at the beginning of the pay period in which July 1, 1998 occurs, providing said total compensation adjustment is not less than three percent (3.0%) and not more than five percent (5.0%). SECTION 3: OUT-OF-CLASSIFICATION PAY Temporary assignment, approved in advance by the department head, to a classification in a higher pay grade shall be compensated at the Step 1 rate of the higher classification, or at a rate five percent greater than that of the regular position, but not more than the maximum step of the higher class, whichever is greater, for the number of hours so assigned. SECTION 4: HOURS OF WORK: OVERTIME 4.1 Hours of Work Defined Hours worked shall include all time not under the control of the employee whether such hours are worked in the City's work place, or in some other place where the employee is carrying out the duties of the City. The normal work week shall be 40 hours in seven days. 4.2 Overtime Overtime shall be defined as any work in excess of 40 hours in a seven day work period. Holidays and paid time off shall count toward the accumulation of the work week. Overtime work for the City by an employee shall be authorized in advance by the department head or their designee. In the event of unforeseen circumstances, overtime shall be approved after the work is completed. 4.3 Schedules It will be a management responsibility to schedule the hours of work for each employee covered by this agreement. Except in unforeseen circumstances, changes in employee's hours of work will be made after ten days prior notice. 4.4 Rest Periods Each employee shall be granted a rest period of fifteen minutes during each work period of more than three hours duration. No wage deduction shall be made nor time off charged against employees taking authorized rest periods, nor shall any rights or overtime be accrued for rest periods not taken. 4.5 Payment of Overtime All approved overtime work performed by employees shall be paid at the rate of one and one-half (1 1/2) times the normal rate of pay. Work performed on regularly scheduled days off, City Holidays or during an employee's scheduled vacation shall be considered to be overtime and paid accordingly. 4.6 Compensatory Time Off At the employees discretion, compensatory time off may be granted for overtime worked at the rate of time and one-half for each hour worked in lieu of compensation in cash. Employees who have previously earned compensatory time, shall be allowed to schedule compensatory time off at dates of the employee's selection provided: 1) that prior supervisory approval has been obtained, and 2) it is taken prior to the first pay period in December and 3) the request is made in writing. Compensatory time may be accrued up to 60 hours. Any compensatory time earned exceeding 60 hours will be paid in cash at the rate of time and one-half. Any overtime worked after the first pay period in December and before the first period of the next calendar year will be paid in cash at the rate of time and one-half. 4. 7 Leave Accruals An employee shall not accrue leave credits (vacation, sick leave) during a pay period if off without pay for more than 40 hours during said pay period. SECTION 5: P.E.R.S. CONTRIBUTION The City agrees to pay the employee's contribution rate to Retirement System not to exceed 7.0% of applicable salary. the Public Employees SECTION 6: INSURANCE COVERAGE 6.1 Health - Medical Insurance City agrees to pay a maximum of $343.50 for medical coverage for employee and dependents through the Meyers-Geddes State Employees Medical and Hospital Care Act. Instances in which the premium for the medical and hospital insurance plan selected by an employee is less than the City's maximum premium contribution, the City agrees to contribute a sum equal to the difference effective at that time to a deferred compensation plan in the employee's name. If and when the contribution to deferred compensation reaches the maximum allowed under law, the excess medical shall be provided as additional compensation to the employee paid as a part of the established paYroll procedure. The City reserves the right of selection and administration as to deferred compensation plan(s)~ If during the term of this agreement, modifications are made to the Federal tax Code which would result in any of the medical insurance provided be subject to taxation, the contract will be re-opened for the purposes of adjusting the salary and medical benefits so long as it does not result in an increase or decrease in the total compensation. 6. 2 Dental Insurance City agrees to pay $63.57 per month for employees and their dependents. 6.3 Life Insurance City shall provide life insurance and accidental death and dismemberment coverage for each employee in the amount of two and one half times annual salary to a maximum benefit of $250,000. Employees may be eligible to purchase additional life insurance subject to the provisions of the insurance policy. 6.4 Long Term Disability Insurance The City shall provide Long Term Disability (LTD) insurance for employees. LTD income protection coverage shall be up to $6000 of covered monthly salary. Employees may us sick leave and/or vacation leave to supplement lost salary during the 60 day elimination period. 6.5 Vision Care Insurance The City shall provide Vision Care Insurance for employees and their dependents at a cost of $13.90 monthly. SECTION 7: HOLIDAYS 7.1 Fixed Holidays The City shall provide the following fixed paid holidays for eligible employees covered by this agreement: 1. New Year's Day 2. Washington's Birthday 3. Memorial Day 4. Independence Day 5. Labor Day 6. Veteran's Day 7. Thanksgiving Day 8. Day following Thanksgiving 9. Christmas Eve - half shift 10. Christmas Day 11. New Year's Eve - half shift 12. Martin Luther King Day When a holiday falls on a Saturday, the preceding Friday shall be observed as the non-work day. When a holiday falls on a Sunday, the following Monday shall be observed as the non-work day. Nothing contained herein shall preclude the right of the department head with the approval of the Appointing Authority to reschedule work assignments or hours of work to meet emergency situations and other administrative necessities caused by the observance of a holiday or non-work day or period; provided, however, that all such affected employees are duly compensated for said rescheduled work assignments. 7.2 Floating Holidays In addition to the foregoing paid holidays, eligible employees shall be allowed to schedule 20 hours to be used as additional holiday leave not to be taken in increments of less than one hour. This floating holiday leave shall be taken at dates of the employee's selection, provided: 1) that prior supervisory approval be obtained, and 2) before the end of the second pay period in December of each calendar year. For new employees, floating holiday leave will be pro-rated in the following manner: 1. Employees hired after January 1 but before March 31 shall be entitled to 20 hours floating holiday leave in that calendar year. 2. Employees hired after April 1 but before September 30 will be entitled to 10 hours of floating holiday leave that calendar year. 3. Employees hired after October 1 but before December 31 will not be entitled to floating holiday leave in that calendar year. 7.3 Holiday Pay In order for an employee to receive his/her regular pay for a holiday or designated non-work day, work must be performed on the regular scheduled day before the regular scheduled day after the holiday or designated non-work day. Employees on vacation, injury leave, approved short term leave of absence, with or without pay, or who submit satisfactory evidence of personal illness shall be considered as working their regular schedule for pay purposes. SECTION 8: TEMPORARY DISABILITY BENEFITS Any employee sustaining an injury arising out of or in the course of the performance of his/her job and who cannot work at the duties and responsibilities normally assigned to that job is entitled to receive temporary disability as prescribed by State law. 8.1 Use of Sick Leave to Supplement Temporary (not held) Disability Payments Any employee entitled to receive temporary disability payments may elect to supplement such payments with an mount not to exceed that which is the employee's weekly earnings or weekly earning capacity by use of sick leave payments to the extent that such sick leave has been accrued to the employee's account. 8.2 Use of Sick Leave for Industrial Injury_ Medical Appointments An employee who is required to see a physician regarding the injury during regularly scheduled work hours may use sick leave credits for appointment(s). If the medical appointment is scheduled during the last hour of the regularly scheduled work day an employee will not be required to use sick leave credits for said appointment. The last hour provision shall be limited to one time during any Monday through Friday work period. SECTION 9: VACATION All employees, other than those holding temporary status, whose work assignment is of a recurring nature of not less than a normal work week shall accrue vacation credit. Accrued vacation credits may be taken with prior supervisory approval. During the first three years of employment, an employee shall earn vacation credit on the basis of 5/6 work day or the hourly equivalent, for each complete month of continuing service. During the fourth year of employment an employee shall earn vacation credit at the rate of one-and one-fourth (1 1/4) work days or the hourly equivalent, for each complete month of continuing service. During the 10th year of employment an employee shall earn vacation credit at the rate of one and five-twelfths (1 5/12) workdays or the hourly equivalent for each month of completed continuous service. During the fifteenth year of employment and thereafter, an employee shall earn vacation credits at the rate of one and two-thirds (1 2/3) work days or the hourly equivalent for each month of completed continuous service. During the twentieth year of employment and thereafter, an employee shall earn vacation credits at the rate of one and five sixths (1 5/6) work days or the hourly equivalent for each month of continuous service. An employee may accrue no more vacation credit than twice the annual rate being earned. Upon termination of employment, unused vacation may not be used to extend final employment date beyond the annual rate being earned. Represented employees may convert, up to two times per calendar year basis, unused vacation time for payment subject to the following conditions: 1. The employee must have a minimum of 120 hours of accrued vacation immediately prior to a conversion. 2. Any payment for accrued vacation hours will be subject to taxes as determined by law. 3. Minimum exchange will be one day, maximum exchange will be ten days. All exchanges are irrevocable. 4. A maximum of 80 hours of accrued vacation may be converted for pay during a calendar year. SECTION 10: SICKLEAVE All full time employees, other than those holding temporary status, shall earn eight (8) hours per month sick leave time without limit on accumulation. Those permanent employees working less than full time (at least 20 hours per week) shall earn in one month the number of hours of sick leave they would normally work in one day or the equivalent without limit on accumulation. Sick leave may be utilized due to the employee's personal illness, injury, maternity or sickness or injury to the immediate family. Immediate family is defined as spouse and children. Employees shall, whenever possible, make appointments for medical, dental and similar purposes on non-work hours. If this is not possible, sick leave may be used for these purposes. With proper notice and approval of the supervisor, sick leave shall be taken in periods of no less than one-half hour increments. 10.1 Sick Leave Conversion 10.2 Sick leave is not vested under California statutory law. 10.3 At the time of termination, the value of non-vested hours is converted to an incentive compensation bank equal to the employee's base hourly rate average over the immediate past 60 complete months of employment multiplied by the total number of non-vested hours. 10.4 If upon retirement an employee has a minimum of 320 non-vested hours, payment shall be made for eighty-five percent (85%) of the value of the incentive compensation bank. 10.5 If upon resignation an employee has a minimum of 320 non-vested hours, payment shall be made for seventy percent (70%) of the value of the incentive compensation bank. 10. 6 Represented employees will have the option (first paragraph pg. 13) -- no further changes. 10. 7 Represented employees will have the option, subject to approval, of converting sick leave to vacation leave on a two-to-one basis. The maximum allowable exchange will be 96 hours of sick time for 48 hours of vacation leave per calendar year. Minimum exchange will be 8 hours sick leave for 4 hours of vacation. An employee may convert sick leave in excess of 320 hours to vacation leave on a one-to-one basis with a maximum of 48 hours and a minimum of 4 hours. As a condition of converting sick leave to vacation, all employees will be required to use at least one-half of the vacation accrued during the previous twelve months. Such conversion, either to exchange sick leave for vacation or vice versa shall be subject to the following conditions: a. All requests to exchange sick leave for vacation time shall be submitted in writing to the department head at least thirty (30) calendar days in advance of intended vacation utilization. b. The granting of such exchange and subsequent use will be at the discretion of the department head. c. If twelve (12) months have elapsed since approval of the exchange of sick leave for vacation, and the employee has not been permitted the use of the converted'vacation time, (after submitting at least one written request for utilization) the employee will have the right to re-convert the vacation time to sick leave in reverse ratio to the original exchange. This exchange will be allowed previously converted only for previously converted sick time to vacation and will not be permitted for regularly accrued vacation time. d. If an employee, after converting sick leave to vacation time, exhausts all of his/her remaining sick leave due to injury or illness, he/she may make a written request to the department head to re-convert vacation time to sick leave on a reverse ratio basis. Approval will be subject to an assessment by the department' head. e. If the employee's vacation accrual exceeds the maximum allowable accrual, he/she will have the option to re-convert vacation time back to sick leave on a reverse ratio basis. Such re-conversion shall be limited to previously converted sick leave/vacation and may not exceed the amount necessary to reduce the accrued vacation to the maximum allowable. Regularly accrued vacation time will not be eligible for this re-conversion to sick leave and any regularly accrued vacation time accrued in excess of the maximum allowable will be disallowed and not subject to utilization by the employee. NOTE: As used in this document, "reverse ration" is intended to mean that the ratio of sick leave to vacation will revert to the original ration at the time the initial exchange was implemented. 9 SECTION 11: FAMILY LEAVE The City of Cupertino will be in compliance with State and Federal Family Leave 'laws. SECTION 12: PERSONAL LEAVE The City shall allow sick leave to be used for conducting personal business which cannot be conducted outside regular working hours. The employee must request personal leave for business that cannot be conducted except during normal working hours. Personnel leave taken will be deducted from the employee's sick leave accrual. SECTION 13: BEREAVEMENT LEAVE Employees shall be granted paid bereavement leave not to exceed three (3) work days upon the occasion of death of a close relative. Close relatives are defined as mother, father, sister, brother, wife, husband, child, grandparent, grandchildren, mother-in-law and father-in-law. SECTION 14: 'MILITARY LEAVE Military leave shall be granted in accordance with the provision of State law. All employees entitled to military leave shall give their supervisor an opportunity within the limits of military requirements, to determine when such leave shall be taken. SECTION 15: PREGNANCY DISABILITY LEAVE A pregnant employee is entitled up to four (4) months leave of absence without pay for temporary disability resulting from pregnancy, miscarriage, childbirth or recovery therefrom. Employees shall take unpaid leave of absence during such leave except that accrued vacation pay and sick leave may be taken at the option of the employee. As with all other temporary disabilities, a physician's certificate is required to verify the extent and duration of the temporary disability. An employee who plans to take a pregnancy leave must give reasonable notice (if possible, not less than four (4) weeks) before the date she expects to take the leave and the estimated duration of the leave. The City will continue to provide health and welfare benefits consistent with the provisions of Section 6 of this agreement until the employee is released by her physician to return to work or for sixty (60) days, whichever comes first. SECTION 16: ADOPTION LEAVE Upon request, a leave of absence without pay for up to four (4) weeks will be granted to adoptive parents. Accrued vacation pay and sick leave may be taken at the option of the employee during this leave time. The City will pay health and welfare benefits at the same rate as prior to the leave. 10 SECTION 17: CATASTROPHIC LEAVE a. The City's Catastrophic Leave Committee'will evaluate each individual case when it is submitted to qualify to receive funds. The only limitation is that the employee must be the one facing the illness. The' committee has the right to establish standards for the granting of leave, and ask the applicant to submit further documentation from their physician, and to determine the applicant's eligibility for catastrophic leave. b. All benefited employees who have passed initial probation with the City will be eligible to receive assistance. An employee does not have to be a contributor to be eligible. c. A recipient must have used all of their available leave hours before he/she is eligible. d. The minimum time an employee could receive funds would be one week. The maximum amount is two months (LTD becomes available at this time). e. Vacation hours and compensating time off (CTO) hours are the only leave of absence credits which may be donated. An employee may not donate leave of absence credits which would reduce his/her total accrued leave balances to less than 120 hours. Leave credits may be donated in any pay period. All leave donations are irrevocable. f. A leave of absence transfer drive will be held whenever necessary to provide for a minimum catastrophic leave bank balance which is the equivalent of 40 hours. Transfers may be in increments of one hour or more. All donations will be confidential. There will be no selling or coercion of employees to donate. Donated vacation leave hours will be converted to cash and deposited in a time-bank where it will be available for distribution. Interest accruing from the bank shall be credited to the time-bank. Checks will be issued to the recipient with the regular payroll, which will keep them in an active employment mode with the City. This procedure prevents overpayments or corrections since it comes after the actual leave has been taken. (Conversion allows for adjustments for different rates of pay.) No employee shall receive payment for more than 100% of their regular pay. An employee or their representative must complete a prescribed application form together with supporting medical documentation to the Human Resources Division when applying for funds. SECTION 18: ABSENCE NOTIFICATION An employee is expected not to be absent from work for any reason other than personal illness without making prior arrangements with his/her supervisor. Unless prior arrangements are made, an employee who, for any reason, fails to report for work must make a sincere effort to immediately notify his/her supervisor of his/her reason for being absent. If the absence, whether for personal illness or otherwise, is to continue beyond the first day, the employee must notify the supervisor on a daily basis unless otherwise arranged with his/her supervisor. In proper cases, exceptions will be made. 11 Any unauthorized absence of an employee from duty shall' be deemed to be an absence without pay and will grounds for disciplinary action by the department head. In the absence of such disciplinary action any employee who absents himself/herself for three days or more without authorized leave shall be deemed to have resigned. Such absence may be covered, however, by the department head by a following grant of leave with or without pay when extenuating circumstances are found to have existed. SECTION 19: TRAINING AND TUITION REIMBURSEMENT It is the intent of the City to recognize the value of training to its employees; and to adopt a training policy which will encourage employees to avail themselves of job related educational opportunities that will advance their knowledge and interests in the direction of their career with the City; and by doing so to improve the Municipal Service. Employees who wish to seek reimbursement from the City for job related training program costs shall provide a written request for reimbursement to the Human Resources Division. The form provided shall include the type of training, sponsoring organization or institution, meeting times and costs. Once a training program has been approved, any employee covered would be eligible for reimbursement for job related training. However, no employee shall receive any reimbursement until they have provided satisfactory proof of successful completion of the training program. SECTION 20: CITY SPONSORED RECREATION PROGRAMS City employees shall have the privilege of enrollment in City sponsored recreation programs at City residents' fee structure and in preference to non-residents wishing to enroll. SECTION 21: DUE PROCESS In each and every instance involving the issuance of warning notices, suspensions or the dismissal or discharge of an employee, such will not be effectuated without the employee first having been given, in writing the basis for such action being taken and the opportunity to question the reasons therefore of his/her supervisor or department head. Said opportunity shall be as soon as is practical after having been served the written notice and shall not constitute any limitation otherwise available through the grievance or appeal procedures. Any written warning in an employee's file will be removed from the file after three years. SECTION 22: LAYOFFS Layoffs of employees may be made by the Appointing Authority for lack of funds, lack of work or for other similar and just cause. The order of layoff shall be that which, in the opinion of the Appointing Authority, will cause the lease disruption of service to the City. Unless otherwise prevented from doing so as a result of conditions or situations beyond the City's control, the City will provide a minimum of thirty (30) days notice to any employee subject to being laid off pursuant to the Rule on layoffs. 12 SECTION 23: REINSTATEMENT The names of employees affected by layoff shall be placed on recall list for a period of two years in the reverse order of layoff and shall have the first opportunity for reinstatement. Fail'ure to respond within ten days to a written notice of such opportunity shall cause that name to be removed from the recall list. With the approval of the Appointing Authority, a permanent or probationary employee who has resigned with a good record may be reinstated within twenty-four months of the effective date of resignation to a vacant position in the same or comparable class he/she previously occupied. Upon reinstatement, the employee for all purposes, shall be considered as though they had received an original appointment. SECTION 24: CONTINUATION OF BENEFITS All terms and conditions of employment not otherwise contained herein shall be maintained at the standards in effect at the time of execution. SECTION 25: SEPARABILITY In the event any provision of this agreement is finally held to be illegal by a court of competent jurisdiction or void as being in contravention of any law, rule or regulation of any government agency having jurisdiction ~over the subject set forth, then the remainder of the agreement shall continue in full force and effect unless the parts so found to be void are held inseparable from the remaining portion of the agreement. SECTION 26: RATIFICATION Nothing contained in this memorandum shall be binding upon either the City or the Association following signing of this memorandum by the parties until it has been ratified by the Association's membership and presented and approved by the City Council of the City. SECTION 27: EXTENDED BENEFITS It is understood and agreed that any more favorable total compensation package agreed to by the City with any other bargaining unit of employees during the life of this agreement will be extended to the Cupertino Employee's Association. The more favorable terms will be incorporated into this agreement. SECTION 28: TERM This agreement shall be effective commencing at 12:01 A.M., July 1, 1997 and ending at 11:59 P.M. June 30, 1999. 13 CITY EMPLOYEES' ASSOCIATION CITY OF CUPERTINO Gary J. Komahrens Donald D. Brown Susan J. Mac Gowan Carol A. Atwood Dianne E. McCann William J. Woska Thomas R. Walters Date: Date: Reviewed by City Attorney Charles Kilian Date 14