HomeMy WebLinkAbout1988-030
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1/13/88
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RESOLUTION NO.
88-30
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH RICHARDS, WATSON & GERSHON FOR
CONSULTING SERVICES RELATING TO LABOR RELATIONS MATTERS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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 Richards, Watson & Gershon 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
meeting thereof, held on
reqular
the 1st
day of
, 1988, by the
Februarv
following vote, to wit:
AYES:
Council Members Estrada. Reilly. Flores.
Maudslev. Minor. Pope-Ludlam. Miller
NAYS:
None
ABSENT:
None
~~??t?/~$ih'
/ City Clerk
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1/13/88
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Resolution Authorizing the Execution of Agreement between
Richards, Watson & Gershon for Consulting Services Relating to
Labor Relations Matters, Cont'd
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and legal content:
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The foregoing resolution is hereby approved this ~A&I
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day
of
February
, 1988.
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Mayor 0 (the City of San Bernardino
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C J Attorney
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AGREEMENT
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(Negotiations Consultant)
THIS AGREEMENT is made and entered into this ~~day of
4 ~~j'~a~~~~ 1988, by and between the CITY OF SAN BERNARDINO, a
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5 municipal corporation, hereinafter referred to as "City", and
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RICHARDS, WATSON & GERSHON, a professional corporation,
hereinafter referred to as "Consultant".
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.
14 B. City desires to retain Consultant to perform
15 certain labor relations services. A copy of Consultant's
16 Proposal is attached hereto as Exhibit "A" and incorporated by
17 reference as though fully set forth herein.
18 2. Scope of Services. Consultant shall provide the
19 following services in connection with negotiations with the
20 General, Fire and Police Bargaining Units:
21 A. Serve as chief negotiator.
22 B. Provide representation at meet-and-negotiate
23 planning and strategy sessions.
24 C. Provide analysis and costing of employee
25 organization proposals.
26 D. Provide drafting of City proposals.
27 E. Provide representation at impasse proceedings.
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1 F. Provide advice regarding the implementation of
2 strike planning strategies.
3 G. Provide advice concerning grievances.
4 H. Provide management training workshops.
5 3. Personnel. Consultant represents that it has, or
6 will secure at its own expense, all personnel required to perform
7 the services by Consultant called for under this agreement.
8 Consultant shall at all times be and remain an independent
9 contractor, and such personnel as may be employed by Consultant
10 shall not be employees or agents of City for any purpose.
11 4. Time of Performance. Services of Consultant are to
12 commence as soon as practicable after the execution of this
13 agreement, and shall continue until such time as memorandums of
14 understanding have been executed by both the General, Fire and
15 Police Bargaining Units.
16 5. Compensation. City shall pay to Consultant a total
17 sum of NINETEEN THOUSAND AND NO/IOO DOLLARS ($19,000.00) for all
18 services provided under this agreement. There shall be no other
19 compensation payable to Consultant hereunder, and Consultant
20 shall be solely responsible for paying the expenses for all
21 services rendered to the City pursuant to this agreement.
22 Payment or payments to Consultant shall be made at such time or
23 times and in such periodic amounts as determined by the City
24 Administrator.
25 6. Assignabilitv. The experience, skill and expertise
26 of Consultant is of the essence of this agreement. Consultant
27 shall not assign (whether by assignment or novation) this
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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.
7. 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.
8. Amendments. Should City require changes in the scope
of the services of Consultant to be performed hereunder, such
changes, including any corresponding increase or decrease in the
amount of Consultant's compensation which shall be mutually
agreed upon by City and Consultant, shall be incorporated in this
agreement only by written amendments hereto.
9. Notices. All notices herein required shall be in
writing and delivered in person or sent by certified mail,
postage prepaid, addressed as follows:
Citv
Consultant
City Administrator
City of San Bernardino
300 North nDn Street
San Bernardino, CA 92418
Richards, Watson & Gershon
A Professional Corporation
333 South Hope Street
Los Angeles, CA 90071
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1 10. Hold Harmless. Consultant shall hold City, its
2 elective and appointive boards, commissions, officers, agents and
3 employees harmless from any liability for damage or claims for
4 damage for personal injury, including death, as well as from
5 claims for property damage which may result from Consultant's
6 professional errors or omissions. Consultant shall defend City
7 and its elective and appointive boards, commissions, officers,
8 agents and employees from any suits or actions at law or in
9 equity for damages caused, or alleged to have been caused by
10 Consultant's professional errors or omissions.
11 11. Workers' Compensation. Consultant's employees shall
12 be covered by workers' compensation insurance in an amount and
13 form to meet all applicable requirements of the Labor Code of the
14 State of California and which specifically covers all persons
15 providing services on behalf of Consultant and all risks to such
16 persons under this agreement.
17 12. Entire Agreement. This Agreement and any documents or
18 instruments attached hereto or referred to herein integrate all
19 terms and conditions mentioned herein or incidental hereto, and
20 supersede all negotiations and prior writing in respect to the
21 subject matter hereof. In the event of conflict between the
22 terms, conditions or provisions of this Agreement, and any such
23 document or instrument, the terms and conditions of this
24 Agreement shall prevail.
25 IN WITNESS WHEREOF, the parties hereto have executed this
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1 agreement on the day and year first above written.
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6 ATTEST:
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?~//$~~4I
& GERSHON
Corporation
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11 Approved as to form
and legal content:
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13 \.~ J - )fe-,~_
14 ~ Attorney
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Its
Shareholder
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