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
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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
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INDUSTRIAL EMPLOYERS AND DISTRIBUTORS
ASSOCIATION, a non-profit corporation
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