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(A) If there is a claim of breach of a MOU and the Certified Employee Organization’s existing MOU does not provide a process for resolution of the claim, the process described in this article shall apply. In all events, the decision of the City Council with respect to a claimed breach of a MOU shall be final.

(B) The following procedure applies to resolve claims by an Eligible Employee, a Certified Employee Organization, or the City that the MOU has been breached:

(1) Within 30 calendar days of the alleged breach of the MOU, the party alleging the breach shall give written notice to the party who has allegedly breached the MOU. The notice shall specify the specific provision(s) of the MOU allegedly breached, and provide the facts and evidence demonstrating or supporting the alleged breach.

(2) A written response to the alleged breach shall be submitted to the party alleging the breach within 10 calendar days.

(3) Within 14 calendar days of the written response, the parties shall meet and attempt to resolve the matter.

(4) To the extent that the parties reach a resolution to the dispute, such resolution shall be reduced to writing and signed by the parties.

(5) If the parties are unable to resolve the matter, all written materials shall be submitted to the City Council for resolution. The decision of the City Council is final.

(6) The time frames set forth herein may be extended by the mutual agreement of the parties. (Ord. 11-1249, passed 10-24-2011)