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<br />45 <br /> <br />worker was using the vehicle within the scope of his/her employment and directly in pursuit of City business. <br />The City shall pay the worker the actual cost of the damage less monetary damages paid the worker or car <br />owner by the applicable insurance company, provided the total payment by the City shall not exceed the <br />lesser of fifty percent (50%) of the cost of damages or five hundred dollars ($500) for any one (1) <br />occurrence. It is further understood that payment shall be made only in the event a City-owned vehicle was <br />not assigned to or available for use by the worker; the worker is not required to keep a vehicle available as <br />provided in Section 2.16 of the Redwood City Code; and that the worker has diligently pursued his/her legal <br />remedies to obtain payment for the damages in an amount which totally compensates for the damages. In <br />the event the worker receives subsequent insurance payments, the worker shall reimburse the City for any <br />payments made as provided by this Article 24.3. <br /> <br />ARTICLE 25 - SAFETY <br /> <br />25.1 Both the City and the Union shall expend every effort to see to it that work is performed with a maximum <br />degree of safety, consistent with the requirement to conduct efficient operations. <br /> <br /> <br />25.2 Each worker covered by this Memorandum of Understanding agrees to comply with all safety rules and <br />regulations in effect and any subsequent rules and regulations that may be adopted. Workers further agree <br />that they will report all accidents and safety hazards to the appropriate management official immediately. <br />Any worker having knowledge of or who is witness to an accident shall, if requested, give full and truthful <br />testimony as to same. <br /> <br />25.3 The City has established a safety program in each department and two (2) representatives of the SEIU Unit <br />shall serve on each departmental safety committee. One representative of the SEIU Unit shall serve on the <br />citywide safety committee. <br /> <br />25.4 Workers shall not be required to operate equipment that has been deemed unsafe. <br /> <br /> <br />ARTICLE 26 - GRIEVANCE PROCEDURE <br /> <br />26.1 Definitions <br /> <br />26.1.1 A grievance shall be defined as: <br /> <br />(a) any dispute which involves the interpretation or application of any provision of this <br />Memorandum of Understanding during its term, excluding all ordinances, resolutions, <br />rules and regulations, the subject of which is not specifically covered by the provisions of <br />this Memorandum. Such excluded ordinances, resolutions, rules and regulations shall not <br />be subject to the Grievance Procedure. <br /> <br />(b) any disciplinary action, as defined in Article 13.1 (discharge, suspension of two (2) days or <br />more, or demotion), taken against a worker covered by this Memorandum of <br />Understanding, except for the dismissal of a worker on his/her original probationary <br />period. <br /> <br />26.1.2 A grievance may be filed by an individual worker, or jointly by a group of workers, or by the Union <br />on behalf of worker(s) who are otherwise eligible to file a grievance. <br /> <br />6.3.B. - Page 55