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Understanding,the Union will be advised of any such proposed accommodation and be <br /> afforded an opportunity to discuss same prior to implementation by the City. <br /> Section 34. Separability of Provisions <br /> In the event that any provision of this Memorandum of Understanding is declared by a <br /> court of competent jurisdiction to be illegal or unenforceable, that provision of the <br /> Memorandum of Understanding shall be null and void, but such nullification shall not <br /> affect any other provisions of this Memorandum of Understanding, all of which other <br /> provisions shall remain in full force and effect. <br /> Section 35. Past Practices and Existing Memorandum of Understanding <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 /> 35.2 This Memorandum of Understanding shall supersede all existing Memoranda of <br /> Understanding between the City and the Union. <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 /> Section 36. Miscellaneous <br /> 36.1 Printing of MOUs <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 /> 36.2 Exercise Facilities <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 /> 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 /> -44 - <br />