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<br />4938-6770-8028 v1 -51 - <br /> <br />shall be nullshall not invalidate the remaining portions hereof, and void, but such <br />nullification shall not affect any other provisions of this Memorandum of Understanding, <br />all of which other provisions such remaining portions shall remain in full force and effect <br />for the duration of this MOU. <br /> <br />34.3 Personnel Policies. Where a specific provision contained in a section of this MOU <br />conflicts with a specific provision contained in a section of the Personnel Policies the <br />provision of this MOU shall prevail. It is recognized, however, that certain provisions of <br />the Personnel Policies may be supplementary to the provisions of this MOU or deal with <br />matters not within the scope of representation and as such remain in full force and effect. <br /> <br />Section 35. Past Practices and Existing Memorandum of Understanding <br /> <br />35.1 Continuance of working conditions and practices not specifically authorized by ordinance <br />or by resolution of the City Council is not guaranteed by this Memorandum of <br />Understanding. <br /> <br />35.2 This Memorandum of Understanding shall supersede all existing Memoranda of <br />Understanding between the City and the Union. <br /> <br />35.3 This Memorandum of Understanding represents a complete and final understanding and <br />agreement on all issues negotiated between the city representatives and the Union's <br />representatives. <br /> <br />Section 36. Miscellaneous <br /> <br />3635.1 Printing of MOUs <br /> <br /> The City shall print sufficient copies of this Memorandum of Understanding in booklet <br />form for bargaining unit members. The City and the PCEA/AFSCME LOCAL 955 shall <br />share the cost of the printing. <br /> <br />3635.2 Exercise Facilities <br /> <br />All employees covered by this Agreement shall have access to exercise facilities located <br />in the City Police Department and Operations Services Center on an availability basis. In <br />additional, Union members assigned to the Fire Department shall have access to exercise <br />facilities located in the Fire Department facilities when available. Employees agree to <br />sign a hold harmless waiver prior to utilizing any City exercise facilities. Union <br />members shall have access to City sports facilities on the fee and availability schedule <br />established for City residents. <br /> <br />Consistent with State law, employees from departments other than Police requesting <br />access to the exercise facility located in the Police Department will be required to <br />undergo a comprehensive background investigation prior to receiving approval from the <br />Police Chief to use this facility. <br /> <br />36 <br />Page 118 of 200