Negotiations on Staffing. The parties agree that during in the term of this Memorandum of Understand it may be necessary to reopen negotiations as to Section
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NEGOTIATIONS PROCEDURES Section 1. Negotiations shall commence pursuant to Article 4 of this Agreement and the Parties will structure their Agreement per the four (4) Agency groups set forth below: HUMAN SERVICES: Department of Human Services-Oregon Health Authority, Employment Department; INSTITUTIONS: Oregon Youth Authority (Youth Correctional Facilities), Oregon Health Authority Institutions: Oregon State Hospital (OSH), Pendleton State-Delivered Secure Residential Treatment Facility (Pendleton Cottage), OYA Administration and Field Services; ODOT: Oregon Department of Transportation (ODOT), Forestry, Oregon Parks and Recreation Department (OPRD), Oregon Department of Aviation (ODOA), Oregon Department of Fish & Wildlife (ODFW), Department of Geology and Mineral Industries (DOGAMI), Department of Agriculture, Water Resources Department, Oregon Watershed Enhancement Board; SPECIAL AGENCIES: Justice, Revenue, Higher Education Coordinating Commission, Workers’ Compensation Board, Department of Consumer & Business Services (DCBS), Bureau of Labor and Industries (BOLI), Veterans’ Affairs, Board of Nursing, Oregon Medical Board, Board of Dentistry, Board of Pharmacy, Mortuary and Cemetery Board, Oregon Mental Health Regulatory Agency, Board of Medical Imaging, Board of Massage Therapists, Occupational Therapy Licensing Board, Board of Examiners for Speech Pathology & Audiology, Board of Naturopathic Medicine, Education, Library, Treasury, Commission for the Blind, Public Employees Retirement System (PERS), Special Schools, State Scholarship, Department of Administrative Services, Oregon Housing & Community Services (OHCS), Oregon State Board of Examiners for Engineering and Land Surveying (OSBEELS), and Teachers Standards and Practices Commission.
NEGOTIATIONS PROCEDURE Table of Contents
Limitations on subcontracting In performance of services awarded under OASIS SB, Limitations on Subcontracting, will be monitored and strictly enforced by the OASIS SB CO. References in this contract to the OASIS SB Prime Contractor or “concern” (per FAR 52.219- 14(c)(1)), with respect to limitations on subcontracting, are interpreted to include the prime contractor’s similarly situated subcontractors (under the NAICS code assigned to the contract) as defined in 13 CFR 125.6, unless otherwise specified by the OCO in their individual task order. The Contractor shall invoice to the customer the Total Labor Dollars Subcontracted under each task order. The amount of Labor Dollars Subcontracted must be based on invoiced or actual payments to subcontractors, NOT on proposed or estimated amounts. The Contractor’s Limitations on Subcontracting performance will be monitored in accordance with the following criteria for each type of set-aside: Total Small Business Set-Aside: In performance of all task orders combined as a Total Small Business Set-Aside, at least 50% of the cumulative average of all task order performance incurred for personnel shall be expended by the OASIS SB Prime Contractor. This requirement applies for each Pool the Contractor has an award under. (Note: For Total Small Business Set-Asides, each task order does not have to meet 50% unless otherwise specified by the OCO in their individual task order) In the event any Limitations on Subcontracting regulations change during the duration of OASIS SB, the OASIS SB CO reserves the right to unilaterally modify OASIS SB to reflect the change at no additional cost to the Government. The Contractor shall report Limitations on Subcontracting Data in the CPRM in accordance with Section G.3.2.1.4.
PROCUREMENT OF AGREEMENT CONSULTANT represents and warrants that no person or selling agent has been employed or retained by CONSULTANT to solicit or secure this Agreement upon an agreement or upon an understanding for a commission, percentage, a brokerage fee, contingent fee or any other compensation. CONSULTANT further represents and warrants that no payment, gift or thing of value has been made, given or promised to obtain this or any other agreement between the parties. CONSULTANT makes such representations and warranties to induce the COUNTY to enter into this Agreement and the COUNTY relies upon such representations and warranties in the execution hereof. For a breach or violation of such representations or warranties, the COUNTY shall have the right to annul this Agreement without liability, entitling the COUNTY to recover all monies paid hereunder and CONSULTANT shall not make claim for or be entitled to recover, any sum or sums otherwise due under this Agreement. This remedy, if effected, shall not constitute the sole remedy afforded the COUNTY for such falsity or breach, not shall it constitute a waiver of the COUNTY’s right to claim damages or otherwise refuse payment or to take any other action provided for by law or pursuant to this Agreement.
Admission and Enrollment of Students For a student to be accepted and enrolled into a dual credit program, the STUDENT shall:
PROCEDURES FOR CONDUCTING NEGOTIATIONS Either party may request negotiations for a successor Agreement by issuing a notice to negotiate to the other party between one hundred twenty (120) and ninety (90) days prior to the expiration of this Agreement. The State Employment Relations Board will also be notified of the intent to open negotiations at this time. Within fifteen (15) days of receipt of said notice, representatives of the parties shall meet and submit proposals for the successor Agreement. Said proposals shall be comprehensive in nature and no additional issues shall be introduced after the first session without mutual agreement. Subsequent bargaining sessions shall be set at times and dates as are mutually agreed to by the teams. Negotiation teams will be limited to five (5) members each. Both sides may agree to change this size by mutual agreement. Negotiation sessions shall be conducted in executive session; however, this does not prohibit the flow of information to either party’s constituency. The style of bargaining shall be mutually decided by the parties prior to negotiations. Upon request of either bargaining team, a bargaining session may be recessed to permit a caucus. When negotiations are conducted during regular school hours, release time shall be provided for the Association’s bargaining team. (Reference: Article 18) There shall be three (3) signed copies of the final agreement. One (1) copy shall be retained by the Board, one (1) by the Association, and one (1) shall be submitted to the State Employment Relations Board. As tentative agreement is reached on each issue, it shall be so noted and initialed by each party. When consensus is reached covering the areas under discussion, the proposed Agreement shall be reduced to writing as a tentative agreement and submitted to the Association and the Board for approval. Following approval by the Association and Board, a contract shall be entered into by both parties. The Association and the Board agree to abide by the terms of the Agreement. The final Agreement, as adopted by the Board and ratified by the Association, will be printed and presented within thirty (30) days. The cost of such printing, including labor and material shall be borne by the Board In the event an agreement is not reached after forty-five (45) days from the first bargaining session, either of the parties shall have the option of requesting the assistance of a federal mediator under the guidelines of the Federal Mediation and Conciliation Service. In the event that the services of a mediator are called upon, the mediation process will last twenty-one
TERMS OF AGREEMENT In consideration of the mutual representations, warranties, covenants and agreements contained herein, the parties hereto agree as follows:
Implementation and Review The Parties shall consult annually, or as otherwise agreed, to review the implementation of this Chapter and consider other matters of mutual interest affecting trade in services. (10) 10 Such consultations will be addressed under Article 170 (Free Trade Commission) of Chapter 14 (Administration of the Agreement).
Scope, Consultations, Mediation and Conciliation Disputes between the Contracting Parties concerning the interpretation or application of this Agreement shall, as far as possible, be settled amicably or through consultations, mediation or conciliation.
Implementation of Agreement Each Party must promptly execute all documents and do all such acts and things as is necessary or desirable to implement and give full effect to the provisions of this Agreement.
