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HomeMy WebLinkAboutCC Resolution 8146 (Industrial Employers Agr)RESOLUTION NO. 814C A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE EXECUTION OF A CONTRACT WITH INDUSTRIAL EMPLOYERS AND DISTRIBUTORS ASSOCIATION RESOLVED, that the City Council of the City of San Rafael, does hereby authorize City Manager Pamela J. Nicolai to sign a contract with Industrial Employers and Distributors Association to function as the City's representative in the meet and confer process related to the revisions to the City's Personnel Rules and Regulations. 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 Special meeting of the Council of said City on Nnnrliv the 26th day of March , 1990, by the following vote, to -wit: AYES . COUNCILPIEVIBERS:Boro, Breiner, Shippey, Thayer & Mayor Mlulryan NOES . COUNCILMEMBERS:None ABSENT . COUNCILMEMBERS:(done JE SP1. EONCINI, i y Cler 0i Pr� � Pat 1i N A I. F/41/p AGREEMENT 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 WHEREAS, the San Rafael City Manager or her designated representative has been designated as the City's representative in employer-employee relations; and WHEREAS, 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;and WHEREAS, it is necessary and desirable that the City obtain the services of qualified persons to consult with ajid advise the City Council and the City Manager with respect to meeting and conferring, and to assist the City Manager in meeting and conferring in good faith with representatives of the recognized employee organizations; and WHEREAS, 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 to provide the following services to the City: A. Act as designated representative of the City Council and the City Manager, meet and confer in good faith 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. B. 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 organization(s). C. Prepare written memoranda of understanding in a form and manner approved by the City Council and the City Manager. 2. 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 One Hundred Thirty-one Dollars and Ninety -eighty Cents ($2,131.98) per month. B. Payment of the fee shall be made in monthly installments of Two Thousand One Hundred Thirty-one Dollars and Ninety-eight Cents ($2.'31.98) each, commencing on June 1, 1990. 3. TERMS A. This agreement shall be effective June 1, 1990, and shall remain in effect until such time as either the City or the Association may exercise the provisions of Item 4 below. B. Any modifications to the agreement shall be executed in writing by both parties. C. It is expressly understood and agreed to by both parties that 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 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 contract by the Association or the City. 4. TERMINATION Either the City or the Association may terminate this agreement at any time upon thirty (30) days' written notice to the other. Dated %y //J70 CITY OF SAN RAFAEL B y 4�iw& 4 �4� tv INDUSTRIAL EMPLOYERS AND DISTRIBUTORS ASSOCIATION, a non-profit corporation By ��