Effects of Agreement. Upon its execution by a Participating Party, this Agreement shall have the following effect with respect to that Participating Party: A. The execution of this Agreement by any Participating Party which is a signatory to the Statewide Mutual Aid Agreement of 1994 shall terminate the rights, interests, duties, responsibilities, and obligations of that Participating Party under the Statewide Mutual Aid Agreement of 1994, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under the Statewide Mutual Aid Agreement of 1994, regardless of whether such costs are billed or unbilled. B. The execution of this Agreement by any Participating Party which is a signatory to the Public Works Mutual Aid Agreement shall terminate the rights, interests, duties, responsibilities and obligations of that Participating Party under the Public Works Mutual Aid Agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under the Public Works Mutual Aid Agreement, regardless of whether such costs are billed or unbilled. C. Upon the activation of this Agreement by the Requesting Party, this Agreement shall supersede any other existing agreement between it and any Assisting Party to the extent that the former may be inconsistent with the latter. D. Upon its execution by any Participating Party, this Agreement will continue in effect for one (1) year from its date of execution by that Participating Party, and it shall automatically renew each year after its execution, unless within sixty (60) calendar days before the renewal date the Participating Party notifies the Division, in writing, of its intent to withdraw from the Agreement. E. The Division shall transmit any amendment to this Agreement by sending the amendment to all Participating Parties not later than five (5) business days after its execution by the Division. Such amendment shall take effect not later than sixty (60) calendar days after the date of its execution by the Division and shall then be binding on all Participating Parties. Notwithstanding the preceding sentence, any Participating Party who objects to the amendment may withdraw from the Agreement by notifying the Division in writing of its intent to do so within that time in accordance with section E of this Article. F. A Participating Party may rescind this Agreement at will after providing the other Participating Party a written SMAA withdrawal notice. Such notice shall be provided at least 30 days prior to the date of withdrawal. This 30-day withdrawal notice must be: written, signed by an appropriate authority, duly authorized on the official letterhead of the Participating Party, and must be sent via email, the Division of Emergency Managements Enterprise System (XXXXX), or certified mail.
Appears in 11 contracts
Samples: Statewide Mutual Aid Agreement, Statewide Mutual Aid Agreement, Statewide Mutual Aid Agreement
Effects of Agreement. Upon its execution by a Participating Party, this Agreement shall have the following effect with respect to that Participating Party:
A. The execution of this Agreement by any Participating Party which is a signatory to the Statewide Mutual Aid Agreement of 1994 shall terminate the rights, interests, duties, responsibilities, and obligations of that Participating Party under the Statewide Mutual Aid Agreement of 1994, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under the Statewide Mutual Aid Agreement of 1994, regardless of whether such costs are billed or unbilled.
B. The execution of this Agreement by any Participating Party which is a signatory to the Public Works Mutual Aid Agreement shall terminate the rights, interests, duties, responsibilities and obligations of that Participating Party under the Public Works Mutual Aid Agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under the Public Works Mutual Aid Agreement, regardless of whether such costs are billed or unbilled.
C. Upon the activation of this Agreement by the Requesting Party, this Agreement shall supersede any other existing agreement between it and any Assisting Party to the extent that the former may be inconsistent with the latter.
D. Upon its execution by any Participating Party, this Agreement will continue in effect for one (1) year from its date of execution by that Participating Party, and it shall automatically renew each year after its execution, unless within sixty (60) calendar days before the renewal date the Participating Party notifies the Division, in writing, of its intent to withdraw from the Agreement.
E. The Division shall transmit any amendment to this Agreement by sending the amendment to all Participating Parties not later than five (5) business days after its execution by the Division. Such amendment shall take effect not later than sixty (60) calendar days after the date of its execution by the Division and shall then be binding on all Participating Parties. Notwithstanding the preceding sentence, any Participating Party who objects to the amendment may withdraw from the Agreement by notifying the Division in writing of its intent to do so within that time in accordance with section E F of this Article.
F. A Participating Party may rescind this Agreement at will after providing the other Participating Party a written SMAA withdrawal notice. Such notice shall be provided at least 30 days prior to the date of withdrawal. This 30-day withdrawal notice must be: written, signed by an appropriate authority, duly authorized on the official letterhead of the Participating Party, and must be sent via email, the Division of Emergency Managements Enterprise System (XXXXX), or certified mail.
Appears in 2 contracts
Samples: Statewide Mutual Aid Agreement, Statewide Mutual Aid Agreement
Effects of Agreement. Upon its execution by a Participating Party23.1 All conditions of employment and general working conditions within the scope of meeting and negotiation pursuant to Government Code §§ 3450 etc., in effect in the District prior to and at the time this Agreement is signed are null and void. This Agreement terminates and supersedes all past practices, agreements, procedures, traditions and rules or regulations concerning the matters covered herein. This Agreement shall have not be interpreted or implied to provide certificated employees with professional or other advantages heretofore enjoyed unless expressly stated herein.
23.2 The parties agree that during the following effect negotiations which culminated in this Agreement, each party enjoyed and exercised without restraint, coercion, intimidation, or other limitation, the right and opportunity to make demands and proposals or counter proposals with respect to any matter not reserved by policy or law from compromise through negotiations and that Participating Party:
A. The execution the understandings and agreements arrived at after the exercise of that right and opportunity are set forth herein. Except for new contract negotiations, during the term of this Agreement neither party shall be required to negotiate with respect to any matter whether or not covered by any Participating Party which is a signatory to this Agreement and whether or not within the Statewide Mutual Aid Agreement knowledge or contemplation of 1994 shall terminate either or both of the parties at the time they negotiated or signed this Agreement, i.e., during the term required, unless expressly stated otherwise within this Agreement, upon matters involving definitions of terms, negotiations procedures, union recognition, management rights, interestsorganizational security, dutiesscope, responsibilitieswages, hours of employment, health and obligations welfare benefits, leaves, transfers, reassignments, class size, evaluation procedures, grievance procedures, safety conditions, effect of that Participating Party under agreement, no-strike provision, terms of agreement and the Statewide Mutual Aid Agreement of 1994, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under the Statewide Mutual Aid Agreement of 1994, regardless of whether such costs are billed or unbilledlike.
B. The execution 23.3 Should any article, section, or clause of this Agreement be declared illegal by any Participating Party which is a signatory to court of competent jurisdiction, said article, section, or clause, as the Public Works Mutual Aid Agreement case may be, shall terminate the rights, interests, duties, responsibilities and obligations of that Participating Party under the Public Works Mutual Aid Agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under the Public Works Mutual Aid Agreement, regardless of whether such costs are billed or unbilled.
C. Upon the activation of be automatically deleted from this Agreement by the Requesting Party, this Agreement shall supersede any other existing agreement between it and any Assisting Party to the extent that it violated the former may law. The remaining articles, sections, and clauses shall remain in full force and effect for the duration of the Agreement if not affected by the deleted article, sections, or clause.
23.4 Any individual contract between the Board and an individual certificated employee shall be subject to and consistent with the terms and conditions of this Agreement. If an individual contract contains any language inconsistent with the latterthis Agreement, this Agreement, during its stated term, shall be controlling.
D. Upon its execution by any Participating Party23.5 The District and the Association agree that it is to their mutual benefit to encourage the resolution of differences through peaceful means, through meeting and negotiating, and pursuant to the methods available within this Agreement. Therefore, it is agreed that the District and the Association will support this Agreement for its term. It is further agreed that the Association will continue in effect assume primary responsibility for monitoring the overt activities of its members, its employees, and the members of the bargaining unit as they affect the management and/or operation of this District.
23.6 There shall be two (2) signed copies of this final Agreement for record-keeping purposes. One (1) shall be retained by the District and one (1) year from its date by the Exclusive Representative. The District shall provide the Association with fifteen (15) additional copies of execution by that Participating Party, and it shall automatically renew each year after its execution, unless within sixty (60) calendar days before the renewal date the Participating Party notifies the Division, in writing, of its intent to withdraw from the Agreement.
E. The Division shall transmit any amendment to this Agreement by sending the amendment to all Participating Parties not later than five (5) business days after its execution by the Division. Such amendment shall take effect not later than sixty (60) calendar days after the date of its execution by the Division and shall then be binding on all Participating Parties. Notwithstanding the preceding sentence, any Participating Party who objects to the amendment may withdraw from the Agreement by notifying the Division in writing of its intent to do so within that time in accordance with section E of this Article.
F. A Participating Party may rescind this Agreement at will after providing the other Participating Party a written SMAA withdrawal notice. Such notice shall be provided at least 30 days prior to the date of withdrawal. This 30-day withdrawal notice must be: written, signed by an appropriate authority, duly authorized on the official letterhead of the Participating Party, and must be sent via email, the Division of Emergency Managements Enterprise System (XXXXX), or certified mail.
Appears in 1 contract
Samples: Collective Bargaining Agreement