HomeMy WebLinkAbout1989-078
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RESOLUTION NO.
R'l-7R
3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH FILARSKY & WATT FOR CONSULTING
4 SERVICES RELATING TO LABOR RELATIONS MATTERS.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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3/9/89
SECTION 1:
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said
city an Agreement with Fi1arsky & Watt for consulting services
relating to labor relations matters, a copy of which is
attached hereto, marked Exhibit "A" and incorporated herein by
reference as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City of San
Bernardino at a
re9ular
meeting thereof, held on the
, 1989, by the following vote to
7.0t-h
day of
March
wit:
AYES:
Council Members Estrada, Reilly, Flores,
M::lol,,~C!le:r. M;nor. PnrQ_Tnnl::::am. MillQr
NAYS:
None
ABSENT:
None
The foregoing resolution is
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hereby ap~~~e6'this ~~
day of
March
, 1989.
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3/9/89 28
Resolution Authorizing the Execution of
Filarsky & Watt for Consulting Services
Relations Matters, Cont'd
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Approved as to form
and legal content:
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I ~y Attorn
Agreement between
Relating to Labor
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AGREEMENT
(Negotiations Consultant)
THIS AGREEMENT is made and entered into this ~~_ day of
~~ ,1989, by and between the CITY OF SAN BERNARDINO, a
municipal corporation, hereinafter referred to as "City", and
FILARSKY & WATT, ATTORNEYS AT LAW, hereinafter referred to as
"Consul tant".
1. Recitals.
A. Consultant represents that it possesses all
professional qualifications necessary to render the services to
the City set forth herein, and City enters into this agreement in
reliance upon Consultant's express representations in regard
thereto.
B. Ci ty desires to retain Consultant to perform certain
labor relations services.
2.
Scope of Services.
Consultant shall provide the following
services in connection with negotiations with the General
Bargaining Units:
A. Serving as chief negotiator.
B. Representation at meet-and-confer planning and
strategy sessions.
C. Analysis and costing of employee organization
proposals.
D. Drafting of City proposals and maintenance of complete
records on all negotiations with each bargaining unit, including
notes for each meet and confer session, proposals and
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counterproposals submitted by each side, plus draft and final MOU
language.
Such records will be confidential and will be
available only to the Consultant and to the City's Mayor, City
Administrator, Director of Personnel, or such other persons as
he/she may designate.
E. Representation at impasse proceedings.
F. Advice regarding the implementation of strike planning
strategies.
G. Advice concerning grievances.
H. Ensure the availability of a chief negotiator as a
contact source to respond to questions from the City Personnel
Department staff relating to status of negotiations, said
negotiator to be STEVE A. FILARSKY.
3.
Personnel.
Consultant represents that it has, or will
secure at its own expense, all personnel required to perform the
services by Consultant called for under this agreement.
Consultant shall at all times be and remain an independent
contractor, and such personnel as may be employed by Consultant
shall not be employees or agents of City for any purpose.
4.
Professional to Provide Services.
Work required hereunder
shall be personally performed by STEVE A. FILARSKY.
5.
Equal Opportunity Employer.
Consultant represents that it
is an equal opportunity employer and that it does not and shall
not discriminate against any employee or applicant for
employment because of race, age, religious creed, color, sex,
sexual preference, national origin, ancestry, physical handicap
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or marital status.
6.
Time of Performance.
Services of Consultant are to
commence as soon as practicable after the execution of this
agreement, and shall continue until such time as memoranda of
understanding have been executed by the Mayor and Common Council
and the Bargaining Unit.
Consul tant shall furnish work in the
time specified by City, and in strict conformity with the City's
specifications therefor.
7.
Compensation.
City shall pay to Consultant a total sum of
ONE-HUNDRED-TEN AND NO/lOO DOLLARS ($110.00) per hour for
negotiator time for all services provided under this agreement
and for travel time in one direction only.
There shall be no
other compensation payable to Consultant hereunder, and
Consultant shall be solely responsible for paying the expenses
for all services rendered to the City pursuant to this agreement.
Payment or payments to Consultant shall be made at such time or
times and in such periodic amounts as determined by the City
Administrator.
8.
Assignability.
The experience, skill and expertise of
Consultant is of the essence of this agreement. Consultant shall
not assign (whether by assignment or novation) this agreement or
delegate the duties or any right or interest hereunder in whole
or in part without the prior written consent of City. Any
assignment or attempt to assign this agreement without such prior
written consent or by operation of law shall be void and shall
constitute cause for termination.
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9. Termination. City may terminate this agreement at any time
by giving written notice to Consultant of such termination and
specifying the effective date thereof at least thirty (30) days
before the effective date of such termination.
In such event,
all finished and unfinished documents and other materials shall,
at the option of City, become its property. If the agreement is
terminated by City, Consultant will be entitled to be paid all
compensation for work performed to the date of termination.
10. Amendments.
Should City require changes in the scope of
the services of Consultant to be performed hereunder, such
changes shall be incorporated in this agreement only by written
amendments hereto.
11. Notices.
All notices herein required shall be in writing
and delivered in person or sent by certified mail, postage
prepaid, addressed as follows:
City
Consultant
City Administrator
City of San Bernardino
300 North "D" Street
San Bernardino, CA. 92418
Fi1arsky & Watt
Attorneys at Law
3609 Elm Avenue
Manhattan Beach, CA. 90266
12. Hold Harmless.
Consul tant shall assume the defense of,
indemnify and hold harmless the City from all claims, expenses,
damages, and liability of every nature, directly or indirectly
arising from, or alleged to have arisen from any operation, act
or omission of the Consultant or employees.
13. Workers' Compensation.
Consultant's employees shall be
covered by workers' compensation insurance in an amount and form
to meet all applicable requirements of the Labor Code of the
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state of California and which specifically covers all persons
providing services on behalf of contractor and all risks to such
persons under this agreement.
14. Entire Agreement.
This Agreement and any documents or
instruments attached hereto or referred to herein constitute the
entire agreement of the parties, integrate all material terms and
conditions and supersede all negotiations and prior writings in
respect to the subject matter hereof.
In the event of conflict
between the terms, conditions or provisions of this Agreement,
and any such document or instrument, the terms and conditions of
this Agreement shall prevail.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above written.
By
FILARSKY & WATT
By: $r,4 -d'~/
Partner
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
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