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The parties have also met and conferred and reached agreement over procedures and guidelines to staffing Battalion Chief's positions which is contained in the Fire Department Manual. During the term of the MOU, any changes to the Fire Department Manual staffing Battalion Chief position must be done by mutual agreement of the parties. 24.5 Total Compensation Survey Total compensation includes salary, and a variety of other benefits. Among such benefits, but not exclusively, are contributions or payments made by the Employer toward retirement (Ca1PERS), medical insurance, dental insurance, life insurance, vision insurance, disability insurance, uniform allowance, and holiday pay. In addition, there can also be add-on costs for different incentives or services performed. Total compensation information will be gathered from similar agencies to determine how the Employer's benchmark classifications compare with comparable positions in other agencies. The agencies used for comparison are listed below. Berkeley Fairfield Fremont Hayward Palo Alto Richmond San Ramon Valley Fire Protection District Santa Clara(City) Santa Rosa Vallejo Total compensation arrays will be provided to the Union three(3)months prior to the expiration of the MOU. 24.6 Continuity of Operations The Union, its members and representatives,agree that they will not engage in,authorize, sanction, or support any strike, slowdown, stoppage of work, curtailment of production, concerted refusal to work overtime, refusal to operate designated equipment (provided such equipment is safe and sound), or concerted refusal to perform customary duties during the term of this MOU. Further,neither the Union nor any representative thereof shall engage in any job action for the purpose of effecting changes in the directives, decisions, personnel or operations of the Department or Employer, nor in sympathy or support of employees not covered by this MOU. Section 25. Bargaining Waiver and Separability of Provisions Except as provided in this MOU, each party to this agreement voluntarily waives its right to negotiate during the term of this agreement with respect to any matter expressly covered by this MOU or proposed by that same party during the negotiations leading to this MOU. Should any provision of this MOU be rendered unlawful or unenforceable by any subsequent legislative enactment, state regulation or by a court of competent jurisdiction only that provision of the MOU shall be null and void, and all other provisions of the MOU shall not be affected and shall remain in full force and effect. 4894-5387-2224 Q 33