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<br />Ordinance No. NS-XXX <br />Page 9 of 10 <br />restricting a designated worker’s right to pursue any other remedies at law or equity <br />for violation of their rights. <br /> Severability. <br />The provisions of this Ordinance are declared to be separate and severable. <br />If any clause, sentence, paragraph, subdivision, section, subsection, or portion of <br />this Ordinance, or the application thereof to any hiring entity, designated worker, <br />person, or circumstance, is held to be invalid, it shall not affect the validity of the <br />remainder of this Ordinance, or the validity of its application to other persons or <br />circumstances. <br /> Exemption for collective bargaining agreement. <br />All of the provisions of this Ordinance, or any part thereof, may be expressly <br />waived in a collective bargaining agreement, but only if the waiver is explicitly set <br />forth in the agreement in clear and unambiguous terms. Unilateral implementation <br />of terms and conditions of employment by either party to a collective bargaining <br />relationship shall not constitute a waiver of all or any of the provisions of this <br />Ordinance. <br /> No waiver of rights. <br />Except for a collective bargaining agreement provision made pursuant to <br />this Ordinance, any waiver by a designated worker of any or all provisions of this <br />Ordinance shall be deemed contrary to public policy and shall be void and <br />unenforceable. Other than in connection with the bona fide negotiation of a <br />collective bargaining agreement, any request by a hiring entity to a designated <br />worker to waive rights given by this Ordinance shall be a violation of this <br />Ordinance. <br />Section 3. CEQA. The City Council determines that the adoption of this Ordinance <br />is exempt from environmental review under the California Environmental Quality Act <br />(“CEQA”) pursuant to the following provisions of the CEQA Guidelines, 14 California Code <br />of Regulations, Chapter 3: this Ordinance is exempt under CEQA Guidelines Section <br />15378(b)(5) in that it is not a “project” under CEQA, and will not result in dire ct or indirect <br />physical changes in the environment. <br />Section 4. Severability. If any section or provision of this Ordinance is for any <br />reason held to be invalid or unconstitutional by any court of competent jurisdiction, or <br />contravened by reason of any preemptive legislation, the remaining sections and/or <br />provisions of this Ordinance shall remain valid. The City Council hereby declares that it <br />would have adopted this Ordinance, and each section or provision thereof, regardless of <br />the fact that any one or more section(s) or provision(s) may be declared invalid or <br />unconstitutional or contravened via legislation.