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original of the grievance form and the Department Head's decision shall be <br />filed in the personnel records of the department. <br />D. If no satisfactory settlement has been reached at the departmental level, <br />the employee may, within ten (10) calendar days after being informed by <br />the Department Head of his or her decision on the matter, and the reasons <br />thereof, submit the grievance in writing to the City Manager, or his or her <br />duly authorized representative, for determination. Failure of the grievant <br />to take this action will constitute a waiver and bar to the grievance, and <br />the grievance will be considered settled on the basis of the Department <br />Head's response. <br />E. The City Manager or his duly authorized representative, after a careful <br />review, shall render a final decision on the merits of the grievance, in <br />writing, and return it to the grievant within fifteen (15) calendar days <br />after receiving the grievance. A copy of the written grievance to the City <br />Manager, or his or her duly authorized representative, and of the City <br />Manager's or his or her representative's written decision shall be filed in <br />the personnel records of the department and the grievant's personnel jacket <br />maintained in the Personnel Services Department. <br />F. After the procedures set forth in this Article have been exhausted, the <br />grievant, the Association, and the City shall have all rights and remedies <br />to pursue said grievance under the law. <br />ARTICLE XIX ; <br />191.0 WAIVER OF BARGAINING DURING THE TERM OF THIS AGREEMENT <br />184 19.1 During the term of this Agreement, the parties mutually agree that they will not seek to <br />negotiate or bargain concerning wages, hours, or terms and conditions of employment, whether <br />or not covered by the Agreement, or in the negotiations leading thereto, and whether or not <br />such matters were discussed, or were even within the contemplation of the parties during the <br />negotiations leading to this Agreement. Regardless of the waiver contained in this Article, the <br />parties may, however, by mutual agreement, in writing, agree to meet and confer about any <br />matter not covered by this Agreement, or to carry out any provision of salary or benefit tied to <br />another bargaining unit during the term of this Agreement. <br />19.2 RE-OPENER RE6ARDIN6 THE POSSIBLE MERGER OF MIDDLE AND <br />ADMINISTRATIVE MANA6EMENT CATE6ORIE5 OF EMPLOYMENT <br />SAMA Contract Extension: 2010-14 Page 18