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HomeMy WebLinkAboutCC Resolution 8347 (Labor Relations Services)RESOLUTION NO. 8347 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: Vice- The/MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a contract, lease or agreement with Industrial Employers and Distributors Association for labor relations services, a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday , the 4th day of Marrh , 1991, by the following vote to wit: AYES: COUNCILMEMBERS: Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan JEAV M. LEONCIit. City Clerk i r. �C AGREEMENT �„ c :v THIS AGREEMENT, between the CITY OF SAN RAFAEL, a municipal corporation, hereinafter called the "City," and INDUSTRIAL EMPLOYERS AND DISTRIBUTORS ASSOCIATION, a non-profit corporation, hereinafter called the "Association." Recitals Pursuant to the provisions of the Meyers -Mil ias -Brown Act (Government Code, Sections 3500 et seq), three (3) organizations (the Police Association, the Firefighters Association, and the M.A.P.E. units) have been designated as the recognized employee organizations of the City. The City Manager of the City or his/her designated representative has been designated as the City's representative in employer-employee relations. The City Manager is now and will be in the future engaged in meeting and conferring in good faith with representatives of such recognized employee organizations on matters relating to employment conditions and employer-employee relations. It is necessary and desirable that the City obtain the services of qualified persons to consult with and advise the City Council and the City Manager in employer-employee relations, and to assist the City Manager in meeting and conferring in good faith with representatives of the recognized employee organizations. The Association is qualified to provide such services to the City. NOW, THEREFORE, in consideration of the mutual terms and conditions hereinafter set forth, the City and the Association agree as follows: 1. SERVICES TO BE PROVIDED BY ASSOCIATION The Association shall assign qualified persons as agreed to by the City to provide the following services to the City: A. Advise and consult with the City Council and the City Z�anager of the City at such times and places as may be mutually agreed upon by the Association and the City Council or the City Manager on all matters relating to employment conditions and employer-employee relations. B. Meet and confer in good faith for and on behalf of the City, as the designated representative of the City Council and the City Manager, with representatives of the employee organizations of the City at such times and places as may be mutually agreed upon by the Association and the City Council and the City Manager. C. Report to the City Council and the City Manager on the progress of meeting and conferring in good faith with each of the recognized employee organizations. D. Prepare written memoranda of understanding in a form and manner approved by the City Council and the City Manager. 2. ASSIGNMENT TO SUBSIDIARY It is agreed that the Association shall have the right to assign its interest in this agreement to its subsidiary, IEDA, Inc., which is controlled and staffed by the Association. 3. PAYMENT A. The City agrees to pay the Association and the Association agrees to accept in full and complete payment for all services rendered under this agreement the sum of Two Thousand Four Hundred Nine Dollars ($2,409.00) per month. B. Payment of the fee shall be made monthly, commencing on July 1, 1991. 4. TERMS A. This agreement shall be effective July 1, 1991, and shall remain in effect until such time as either the City or the Association may exercise the provisions of Item 5 below. B. Any modifications to this agreement shall be executed in writing by both parties. C. It is expressly understood and agreed to by both parties that the Association and its employees shall be independent contractors and not employees of the City while engaged in carrying out and complying with any of the terms and and conditions of this agreement. D. The parties agree to submit any claims arising out of this agreement to binding arbitration pursuant to the current provisions of the California Code of Civil Procedure and any successor statutes. E. The parties shall indemnify each other, their officers and employees against liability for injury or damage caused by a negligent act or omission of the Association or the City in the performance of this agreement and shall hold each other harmless from any loss occasioned as a result of said negligent act or omission in the performance of this agreement by the Association or the City. F. The Association shall have and maintain in full force and effect for the duration of this agreement, insurance insuring against claims for injuries to persons which may arise from or in connection with the performance of the work by the Association, its agents, representatives, employees or subcontractors. The Association shall maintain limits as follows: Workers' Compensation and Employers' Liability -- no less than $1,000,000 per accident and no less than $1,000,000 per employee as required by the Labor Code of the State of California. 5. TERMINATION Either the City or the Association may terminate this agreement at any time upon thirty (30) days' written notice to the other. Dated CITY OF SAN RAFAEL INDUSTRIAL EMPLOYERS AND DISTRIBUTORS ASSOCIATION, a non-profit corporation - 4� l: By K 1 L b R; k � c- .{ By '�'�P UUKUI L. BK�1 t , V ce-f•a or ATTEST: (� BY: i . JNNt M. LEUN'� 1, City Clerk