Common use of Bargaining Obligation and RFP’s Clause in Contracts

Bargaining Obligation and RFP’s. The City may wish to contract out work which is currently performed by bargaining unit members. If the City believes that existing members of the bargaining unit cannot perform work it needs completed due to the volume of such work or the timing in which it needs to be completed and therefore it needs to contract out for the performance of such work, it may request that the Association meet and confer as follows: The Association agrees to meet and confer with the City within ten days of being requested to do so. The parties may mutually agree to a date beyond ten days. The purposes of the meeting(s) will be to determine if existing employees can perform any or all of the work for which the City needs in order to determine an accurate scope of the work for which it needs to contract out. Following such meetings, if the City intends to contract out any work currently performed by bargaining unit members, the City agrees to inform the Association of its intention in writing. Whether or not the City requests that the Association participate in meeting(s) as described above, if the City determines that it needs to proceed with the contracting out of bargaining unit work, it will provide the President of the Association with any Request for Proposal (RFP) submissions (if an RFP was sought) or responses from contractors showing the scope or work they will perform and the cost. The documents will be provided to the President of the Association within one calendar week of the last day to provide responses for the bidding of the work. The Association agrees that it has ten (10) calendar days (until 5:00 p.m. on the 10th calendar day) from receipt of the documents to advise the City (by email) that it wishes to meet and confer over the City’s intended action. The parties also agree that the meet and confer process will begin within fifteen (15) calendar days from the date the City provides the Association with the written responses from the potential contractors.