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Human Resources Department

Engineers and Scientists of California (ESC)

2018 - 2019 ESCMemorandum of Understanding:   Article 17: Full Understanding

Engineers & Scientists of California

17.1 Full Understanding And Modification

This Memorandum of Understanding 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 agreement. 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 hereto and approved and implemented by the County’s Board of Supervisors. This Memorandum of Understanding between the County of Sonoma and Engineers & Scientists of California 2013-2016, supersedes the 2012 Memorandum between the Parties.

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17.2 Waiver

Except as specifically provided herein, it is agreed and understood that the Union voluntarily and unqualifiedly waives its right to and releases the County from any obligation to meet and confer on any subject or matter contained herein. The waiver of any breach, term, or condition of this Memorandum of Understanding by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.

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17.3 Separability

In the event any Article or Section of this Memorandum is held to be invalid by operation of law, or by any tribunal of competent jurisdiction, or if compliance with, or enforcement of, the section or portion thereof shall be restrained by any tribunal, the remainder of this Memorandum shall not be affected thereby. At the written request of either party within thirty (30) days of the action invalidating a portion of this Memorandum, the parties shall meet and confer for the purpose of arriving at a mutually satisfactory replacement of such Article or Section.

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17.4 Side Letters

No later than May 31, 2015, ESC and the County shall identify and exchange copies of all known side letters between the parties. Any side letter that is not produced and exchanged by May 31, 2015 shall terminate on June 1, 2015. In meeting and conferring for a successor MOU, the parties will consider each identified and exchanged side letter to determine whether each side letter that has not terminated by its own terms continues to be valid and/or should be terminated or included in the successor MOU.

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17.5 Health Care Reform Reopener

The County and the Union agree to reopen the MOU solely to make necessary changes to health and welfare benefit eligibility and/or coverage options as required by the Patient Protection and Affordable Care Act (PPACA), commonly referred to as Health Care reform, or as required by subsequent state or federal statutes or regulations implemented during the term of this agreement.

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