HomeMy WebLinkAboutReso - CC - 128-1999RESOLUTION NO. 128-1999
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING AGREEMENT WITH INDUSTRIAL EMPLOYERS AND DISTRIBUTORS
ASSOCIATION (IEDA) AND CITY OF BURLINGAME
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, the City of Burlingame will be meeting and conferring with its employee
organizations over the coming two years; and
WHEREAS, many of the employee organizations have retained professional negotiators to
conduct the meet and confer process; and
WHEREAS, the Police Officers' Association wishes to meet and confer about an entirely
new Memorandum of Understanding; and
WHEREAS, it is no longer possible for the City Manager to conduct these meet and confer
sessions because of their time-consuming and complex nature without jeopardizing the Manager's
other responsibilities and programs; and
WHEREAS, IEDA has a strong reputation in working with public agencies on collective
bargaining matters and is qualified to represent the City in meet and confer matters,
NOW, THEREFORE, IT IS RESOLVED AND ORDERED:
1. The City Manager is authorized and directed to execute the Agreement between the City
and IEDA as contained in Attachment A hereto.
2. The Clerk is directed to attest to the signature of the Manager.
R,0,4- h, • O '/y�
MAYOR Cl
I, JUDITH A. MALFATTI, City Clerk ofthe City ofBurlingame, do hereby certify that the
foregoing resolution was introduced at a regular meeting of the City Council held on the 6th day of
DECEMBER 1999, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: COFFEY, GALLIGAN, JANNEY, O'MAHONY, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNC11,MEMBERS: NONE
CITY CLERK
AGREEMENT FOR CONSULTANT SERVICES
BETWEEN INDUSTRIAL EMPLOYERS AND DISTRIBUTORS ASSOCIATION AND
THE CITY OF BURLINGAME
THIS AGREEMENT is entered into this day of 1999, by and
between the City of Burlingame, State of California, herein called the "City", and Industrial
Employers and Distributors Association, a non-profit corporation, herein called "IEDA."
RECITALS
A. The City has recognized a number of employee organizations pursuant to the Meyers-Milias-
Brown Act (Government Code sections 3500 and following).
B. The City Manager and his designated representatives are the City's representatives in
employer-employee relations.
C. The City Manager and his representatives will be meeting and conferring with representatives
of various employee organizations with regard to matters subject to the meet -and -confer
requirements of the Meyers-Milias-Brown Act.
D. The City wishes to retain the services of qualified persons to consult with and advise the City
in employer-employee relations, and to assist the City in meeting and conferring in good faith
with representatives of certain employee organizations.
E. IEDA represents that it is qualified and willing to provide these services to the City.
NOW, THEREFORE, in consideration of the mutual terms and conditions set forth below, the City
and IEDA agree as follows:
Services to be Provided by IEDA.
IEDA shall assign qualified persons to provide the following services to the City:
a. Advise and consult with the City Council, the City Manager, and designated City
officers at such times and places as may be mutually agreed upon by IEDA and the
City on matters relating to employee conditions and employer-employee relations.
b. Meet and confer in good faith for and on behalf of the City as a designated
representative of the City with representatives of employee organizations of the City
at such times and places as may be mutually agreed upon by IEDA and the City.
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C. Report to the City on the progress of meeting and conferring in good faith as
requested by the City.
d. Prepare written memoranda of understanding or amendments to memoranda of
understanding in a form and manner subject to approval of the City.
2. Assignment to Subsidiary.
It is agreed that IEDA shall have the right to assign its interest in this Agreement to its
subsidiary, IEDA Inc., which is controlled and staffed by IEDA. Except for this specific
assignment, the services to be performed under this Agreement are unique and personal to
IEDA, and no portion of these services shall be assigned or subcontracted without the written
consent of the City.
3. Fees.
A. The City agrees to pay IEDA and IEDA agrees to accept in full and complete payment.
for all services rendered under this Agreement the sum of Two Thousand Two Hundred
Seventy -Two Dollars and Fifty Cents ($2,272.50) per month.
This monthly fee may be adjusted at some time after June 1, 2000, in accordance with IEDA's
Computation of Fees Schedule. IEDA shall notify the City of the new rate schedule in
writing, at least sixty (60) days prior to the effective date of the new fee.
4. Term.
This Agreement shall be effective December 1, 1999, and shall remain in effect until such time
as either the City or IEDA exercises the termination provision set forth below.
Termination.
Either the City or IEDA may terminate this Agreement at any time upon giving sixty (60)
days written notice to the other party.
6. Sole Responsibility.
IEDA shall be responsible for employing or engaging all persons necessary to perform the
services under this Agreement.
7. Information/Report Handling.
All documents furnished to IEDA by the City and all reports and supportive data prepared
by IEDA under this Agreement are the City's property and shall be delivered to the City upon
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the completion of IEDA's services or at the City's written request. All reports, information,
data, and exhibits prepared or assembled by IEDA in connection with the performance of its
services pursuant to this Agreement are confidential until released by the City to the public,
and IEDA shall not make any of the these documents or information available to any
individual or organization not employed by IEDA without the written consent of the City
before such release.
8. Availability of Records.
IEDA shall maintain records by client showing the time spent by IEDA providing services
pursuant to this Agreement. These records shall be kept by IEDA for not less than three (3)
years following completion of the work under this Agreement. IEDA shall make these
records available to authorized personnel of the City at IEDA's offices during business hours
upon written request of the City.
9. Persons Assigned by IEDA.
Should the City object to the assignment of a particular person by IEDA to a service to be
performed by IEDA under this Agreement, IEDA shall promptly assign a different person to
the service.
10 Notices.
Any notice required to be given shall be deemed to be duly and properly given if mailed
postage prepaid, and addressed to:
To City: City Manager
City of Burlingame
501 Primrose Road
Burlingame, CA 94010
To IEDA: President
IEDA
P.O. Box 8824
Emeryville, CA 94662
or personally delivered to IEDA to such address or such other address as IEDA designates
in writing to City.
11. Independent Contractor.
It is understood that IEDA, in the performance of the. work and services agreed to be
performed, shall act as and be an independent contractor and not an agent or employee of the
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City. As an independent contractor, neither IEDA nor its employees shall not obtain any
rights to retirement benefits or other benefits which accrue to City employee(s). With prior
written consent of the City, IEDA may perform some obligations under this Agreement by
subcontracting, but may not delegate ultimate responsibility for performance or assign or
transfer interests under this Agreement.
IEDA agrees to testify in any litigation brought regarding the subject of the work to be
performed under this Agreement. IEDA shall be compensated for its costs and expenses in
preparing for, traveling to, and testifying in such matters at its then current hourly rates of
compensation, unless such litigation is brought by IEDA or is based on allegations of IEDA's
negligent performance or wrongdoing.
12 Conflict of Interest.
IEDA understands that its professional responsibilities under this Agreement are solely to the
City. IEDA has and shall not obtain any holding or interest within the City of Burlingame.
IEDA has no business holdings or agreements with any individual member of the Staff or
management of the City or its representatives nor shall it enter into any such holdings or
agreements. In addition, IEDA warrants that it does not presently and shall not acquire any
direct or indirect interest adverse to those of the City in the subject of this Agreement, and
it shall immediately disassociate itself from such an interest should it discover it has done so
and shall, at the City's sole discretion, divest itself of such interest. IEDA shall not knowingly
and shall take reasonable steps to ensure that it does not employ a person having such an
interest in this performance of this Agreement. If after employment of a person, IEDA
discovers it has employed a person with a direct or indirect interest that would conflict with
its performance of this Agreement, IEDA shall promptly notify City of this employment
relationship, and shall, at the City's sole discretion, sever any such employment relationship.
13 Egual Employment Opportunity.
IEDA warrants that it is an equal opportunity employer and shall comply with applicable
regulations governing equal employment opportunity. Neither IEDA nor its subcontractors
do and neither shall discriminate against persons employed or seeking employment with them
on the basis of age, sex, color, race, marital status, sexual orientation, ancestry, physical or
mental disability, national origin, religion, or medical condition, unless based upon a bona fide
occupational qualification pursuant to the California Fair Employment & Housing Act.
14 Insurance.
IEDA shall have and maintain Workers' Compensation insurance as required by California law
and shall provide evidence of such policy to the City before beginning services under this
Agreement. Further, IEDA shall ensure that all subcontractors employed by IEDA provide
the required Workers' Compensation insurance for their respective employees.
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15 Waiver.
No failure on the part of either party to exercise any right or remedy hereunder shall operate
as a waiver of any other right or remedy that party may have hereunder, nor does waiver of
a breach or default under this Agreement constitute a continuing waiver of a subsequent
breach of the same or any other provision of this Agreement.
16 Governing Law.
This Agreement, regardless of where executed, shall be governed by and construed to the
laws of the State of California. Venue for any action regarding this Agreement shall be in the
Superior Court of the County of San Mateo or Alameda.
17 Amendment.
No modification, waiver, mutual termination, or amendment of this Agreement is effective
unless made in writing and signed by the City and IEDA.
18 Entire Agreement.
This Agreement constitutes the complete and exclusive statement of the Agreement between
the City and IEDA. No terms, conditions, understandings or agreements purporting to
modify or vary this Agreement, unless hereafter made in writing and signed by the party to
be bound, shall be binding on either party.
IN WITNESS WHEREOF, the City and IEDA have executed this Agreement as ofthe date indicated
on page one (1).
CITY OF BURLINGAME
Lo
ATTEST:
City Clerk
INDUSTRIAL EMPLOYERS AND
DISTRIBUTORS ASSOCIATION
Approved as to form:
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City Attorney
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