HomeMy WebLinkAboutCarlsbad City Employees' Association CCEA; 2014-02-07;Side Letter Re: Contracting Out
Date: February 7,2013
AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD CITY
EMPLOYEES ASSOCIATION REGARDING CONTRACTING OUT WORK
The City of Carlsbad ("City") and the Carlsbad City Employees Association ("CCEA") agree to
the following:
1 The City has the right to contract out any or all of the services currently being
performed by CCEA-represented classifications or that could be performed by
CCEA-represented classifications to any one or more public or private entities or
individuals.
2. Prior to contracting out the services referenced in item number 1 above, the City shall
first satisfy its obligation to meet and confer with CCEA regarding both the decision
and effects of contracting out those services.
3. CREATION OF A REQUEST FOR PROPOSAL ("RFP")
a. CCEA may appoint up to two (2) of its members to attend a meeting with Cily
staff responsible for the creation of an RFP for the purpose of providing input to
the City regarding the creation of the RFP for contracting out the services
referenced in item number 1 above. This first meeting shall occur prior to the
RFP being prepared by City staff.
b. After the draft RFP is completed by City staff, a copy of the draft RFP shall be
forwarded to the CCEA appointees by email and a subsequent meeting shall be
scheduled, which shall take place within seven (7) calendar days from the date
die RFP is received by the CCEA appointees. The purpose of the meeting is for
CCEA appointees to meet with the City staff responsible for preparing the RFP
in order to discuss the RFP and ask questions as necessary. Additional meetings
may be scheduled if mutually agreeable. Following conclusion of the meeting(s),
CCEA's appointees may provide wntten feedback/suggestions regarding the RFP
for the consideration of City staff prior to it being finalized and sent to any
potential contractors. CCEA's feedback/suggestions shall be forwarded to City
staff responsible for the creation of the RFP by email within seven (7) calendar
days from the date of conclusion of these meetings.
c. Prior to distribution of the RFP to potential contractors, the City shall provide the
CCEA appointees widi a final version of the RFP.
d. Neither CCEA nor its appointees shall have veto power over any City decision
related to the contents of an RFP or the RFP process.
e. Neither CCEA nor its appointees may use the appointees' involvement in the
RFP process to delay the RFP process.
f CCEA's appointees shall sign confidentiality agreements, as agreed to by the
City and CCEA, prior to receiving any information related to an RFP.
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4 MEET AND CONFER PROCESS
a. The City may send RFPs created following the procedure outlined in item
number 3 above to potential contractors prior to engaging in the meet and confer
process with CCEA.
b. After the City receives responses to die RFP, die City Council or designee shall
determine whether to pursue contracting out of those services that are the subject
of the RFP.
c. In the event that the City Council or designee decides to pursue contracting out of
any or all of the services diat are the subject of the RFP, the City's negotiating
team will make a proposal in writing to CCEA to contract out those services and
will provide a copy of the leading proposal to CCEA along with its proposal.
d. After reviewing the City's proposal, CCEA may request in writing to meet and
confer over the decision to contract out services and/or Uie effects of that
decision no later tiian fourteen (14) calendar days from the date of CCEA's
receipt of the City s proposal. The first meeting of tiie meet and confer process
shall be scheduled witiiin fourteen (14) calendar days of CCEA's written request
If CCEA requests to meet and confer over both the decision and effects, decision
and effects negotiations shall take place simultaneously. It is understood by the
parties that the meet and confer process is not required to be completed in one
single meeting
e. The negotiations over the decision and/or effects shall be subject to combined
impasse procedures.
5. CITY COUNCIL DECISION
a. After the meet and confer process has concluded by either reaching agreement or
exhausting impasse procedures, tiie City Council will make its final decision on
whether to contract out those services subject to die RFP.
6. This agreement shall be enforceable once executed by Uie parties and shall be made a
part of any subsequent Memorandum of Understanding between die City and CCEA
until such time as the parties agree to remove it
This Agreement is entered into on tiiis 7* of February, 2013.
On Behalf of CCEA On Behalf of die City of Carlsbad
1
By: ycr^^^^J'--7^li^.^zJ By: ^-(^^'^^'^--/''^
Pam Drew, President Steve Beriiner, Esq
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