2019 - 2023 SCDPDAAMemorandum of Understanding: Article 21: Full Understanding, Modification and Waiver
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21.1 MOU – Full Understanding
This Memorandum is intended both as the final expression of the agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms of the Memorandum.
21.2 MOU – Modification
No amendment, alteration, understanding, variation, waiver or modification of any of the terms or provisions of this Memorandum shall in any manner be binding on the parties unless made and executed in writing between the parties and approved and implemented by the County’s Board of Supervisors.
21.3 Full and Unqualified Meet and Confer Waiver
Except as specifically provided in this Memorandum, it is agreed and understood that Association voluntarily and unqualifiedly waives its right to and releases the County, during the terms of this Memorandum, from any obligation to meet and confer on any subject or matter contained in the Memorandum or with respect to any subject or matter not specifically referred to, or covered in this Memorandum, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this agreement. In exchange for the terms and conditions expressed in this agreement, the Association acknowledges that the County has fulfilled its obligations under Government Code Section 3505 for the full term of this Memorandum.
21.4 MOU – Non-Precedent Setting
The failure of either party to this agreement to seek enforcement of any of the terms or conditions contained in this Memorandum shall not constitute a precedent in the future enforcement of any or all of the terms and provisions of this Memorandum.
21.5 Civil Service Commission Authority – No Limit
Nothing in this Memorandum shall be construed to limit or remove the existing or future jurisdiction or authority of the Civil Service Commission as provided in Ordinance No. 305-A as amended, or as provided in the rules adopted under that ordinance.
21.6 Full Force and Effect
The County and the Association agree that any policy, procedure, rule, regulation, benefit, or form of compensation including salary that is changed or modified by the terms and conditions of this Memorandum is repealed in its entirety, and that this Memorandum is in full force and effect on the date of the Board of Supervisors implements it.