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R-6529 '- e . RESOLUTION NO. 6529(cCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND INDIVIDUAL MANAGEMENT EMPLOYEES WHEREAS, it is the mutual desire of the City of Santa Monica and the individuals signatory to the "Memorandum of Understanding Between City of Santa Monica, California and Individual Management Employees" to amend said Memorandum of Understanding; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1: Resolution No. 6505 (CCS) is repealed. SECTION 2: The City Council does hereby approve and authorize the City Manager to execute the amendment to the Memorandum of Under- standing with individual management employees which is attached hereto. SECTION 3, The City Clerk shall certify to the adoption of this Resolution and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~~ City Attorney e e AGREEMENT THIS AGREEMENT entered into this and between the CITY OF SANTA MONICA, a (hereinafter "CITY"), and the Ind iv id ual hereto (hereinafter "Employees"), is made followlng: day of July, 1982, by municipal corporation Employee 8ig na to r ies with reference to the RECITALS A. The City and Employees entered into a memorandum of understanding on August 13, 198~, entitled "Memorandum of Understanding between City of Santa Monica, California and Individual Management Employees" (hereinafter "MOU"). B. It is the mutual desire of City and Employees to amend certain terms of the MOV. NOW THEREFORE, it is mutually agreed by and between City and Employees as follows: 1. On and after July 1, 1982, Section 15, U Ef fect of Job Performance on Salary" is amended to read as follows: 16. Performance Based Compensation The City Manager shall evaluate the performance of employees covered herein annually. The evaluation shall be made no later than 15 days following the end of any fiscal year commencing with the 1981-82 flscal year. Said evaluation shall include an assessment of general management skills and specific accomplishments of each individual employee. The City Manager shall meet with each individual employee to discuss the eval ua tion. When, in the opinion of the City Manager, the capabilities and accomplishments of an individual employee have been exceptionally meritorious, a cash payment of one percent (1%) to ten percent (10%) of that employee's annual salary on June 30 of the fiscal year for which performance is being evaluated shall be made. The bonus shall be paid no later than 3~ days following the date of the evaluation. Said payments shall be regarded as one time bonuses and shall not become part of the employee's base salary. Said payments are subject to retirement contributions. J e - A merit pool not to exceed 4% of the base salaries of the individual signatories shall be established annually from which any and all said payments shall be made. Nothing herein shall be construed as requiring that all pooled funds be distributed in any year. If, in the opinion of the City Manager, no cash payment is warranted by an employee1s performance, the employee shall have the opportunity to present, within ten days of notification that no payment is due, additional information that might alter the City Manager's decision. The decision of the City Manager, after consideration of any such additional information, shall be final and no appeal may be taken therefrom. It is expressly understood and agreed by the parties hereto that the performance-based payments described in this section do not constitute a generally granted increase under section 1110 of the City Charter and Section 2l05E of the Municipal Code, and that denial of such payments does not constitute a demotion. 2. On and after July 1, 1982, "EXHIBIT A", (5) is amended to read as follows: "EXHIBIT An (5) Effective July 1, 1982, individual employees covered herein shall be entitled to a choice of one of the following options: (a) Adjustment of the employee's wage rate as provided in paragraph three (3) above except the CPI comparison shall be for April 1981 compared with April 1982. ~ ~ ~ (b) Payment on behalf of the employee of one hundred percent (100%) of the individual employee's share of the required retirement contributions to the Public Employee's Retirement systems (PERS), (seven percent (7%) of the employee1s "compensation" as defined by the Public Employee1s Retirement Law, Government Code Section 20000 et seq.) These payments are not increases of salary and no salary range applicable to any of the affected employees shall be changed or be deemed to have been changed by reason of such payments; as a result, the City will not treat these payments as ordinary income anq thus, will not withhold federal or state income tax therefrom. The City's practice will be to report these payments as being those of the employees so that they will be credited to the particular employee's individual account with PERS. ~ ~ -~ -...;.. ~-~. ~ . ~ , e e It is agreed that if state and/or federal procedures require reporting of these payments in any other manner, the parties will abide by such requirements. Employees covered herein shall make known their choice of option, in writing to the Director of Personnel, no later than June 27, 1982~ 3. Except as expressly modified herein, all other terms and covenants set forth in the MOli shall remain the same and shall be in full force and effect. ; ...--r ...... .{. ~- . e e ; IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first above written. APPROVED AS TO FORM (2J1~ \..... \- "0-- Rd,bert M. Myers ' Cfty Attorney I - --' ~~------~\ ector of Civic~~~um ~ ~~::.? #?fL~ irector of Transportation ~~_AC~ V'rl..y E~':ll neer 0Ifru1 ar:-ecto(/'y Planning ~~,.:... ~ Bui Id ing Of freer ~ T~/ ~ Director of Recreation & Parks ,. . CITY OF SANTA MONICA -~ ~~//" H~ Alschuler, JV Manage r Ah. - #.-J l dM} ~~eneral Services Director of purchasing ~~d~~jd(' City Librarian . YJ ~~C. . ASslstant lty Manager () y// fjt );'JC2-- C7 ~ / k~~ W'ice Chief {/ ~~/rgQjd~ Fire Chief . - ~. ... y.~-:-~ -, .. e . ADOPTED AND APPROVED THIS 29th DAY OF .June , 1982. ) f U LC{l,Z: vd~/)~ ;,/~trffiu'ar MAYOR" / I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION NO. 6529(CCS)_WAS DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA AT A MEETING THEREOF HELD ON June 29 t 1982 BY THE FOLLOWING COUNCIL VOTE: AYES: COUNCILMEMBERS: Jennings, Press, Reed, Zane and Mavor Yannattfr Go1dwav . , NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Conn, Edwards ABSTAIN: COUNCILMEMBERS: None ATTEST: '7L ' o-p_ /.7 ~~/(,V~~ (j CITY CLERK