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Home My WebLink About97- Montana Management Network Agreement . ,.1 . AGREEMENT AGREEMENT, made efTective as of the 7th day of Apri 1 , 1997, by and between the CITY OF BOZEMAN, a Municipal corporation, organized under the laws of the state of Montana, hereinafter called "TI-IE CITY", and MONTANA MANAGEMENT NETWORK, of I"'E:L~I\JA/"'''UOIJ''A, Montana, hereinafter referred to as "REPRESENTATIVE". RECITALS The parties recite and declare: A. The City desires to retain Montana Management Network as its Representative in negotiations with collective bargaining units BPP A, BFA, Teamsters and MPEA. B. Representative desires to act as such representative. IN CONSIDERATION OF THE MUTUAL COVENANTS AND AGREEMENTS CONT AINED HEREIN, the parties agree as follows: SECTION I. APPOINTMENT OF REPRESENTATIVE A. The City hereby hires Representative to serve as its representative in negotiations and for services described in this Agreement and to perform such other duties as may be determined from time to time by its City Manager. All additional duties assigned to Representative's position will be secondary to its basic duties of oral negotiation between the City and its respective collective bargaining units. Representative will be reimbursed for any additional duties assigned to it on a fair and equitable basis agreed upon at the time of the assignment of the additional duties. 13. Representative hereby accepts such appointment and agrees to observe all terms and conditions of this Agreement. SECTION II. COMPENSATION The City agrees to pay the Representative Sixteen Thousand and Noll 00 Dollars ($16,000) in the following installments: - Four Thousand and No/IOO Dollars ($4,000) upon the execution of this Agreement; Four Thousand and No/IOO Dollars ($4,000) on or before July 1, 1997; Four Thousand and No/IOO Dollars ($4,000) on or bef()re January 1, 1998; and, Four Thousand and Noll 00 Dollars ($4,000) on or before July 1, 1998. ,I. , :~ SECTION III. OBLIGATIONS OF CITY A. The City shall furnish Representative with available space for the purpose of conducting negotiations with the City's collective bargaining units. B. The City shall not engage in discussions relative to negotiations with the collective bargaining units, other than through or in association with the Representative. C. The City shall refer to Representative all inquiries or correspondence received from collective bargaining units. SECTION IV. DUTIES OF REPRESENTATIVE A. Representative shall use its best efforts to promote the City's interest in negotiations with collective bargaining units. B. Representative shall maintain records and reports and communicate complete information concerning such records and reports to the City, at any time at its request. C. Representative shall conduct itself and its business al all times so as not to detract from, or reflect adversely on, the reputation of the City of Bozeman. D. Reprcsentative shall treat as confidential any information obtained by it concerning the personnel or employees of the City, and will not during the term of this contract, or at any time after such contract, disclose such information, in whole or in part, to any person, firm, corporation, or other entity for any reason or purpose whatsoever. E. Representative shall, until negotiations are complete for successor collective bargaining agreements, represent the City in the following: 1. Contract proposal preparation; 2. Contract negotiations; 3. Mediation; 4. Fact finding hearings; 5. Unfair Labor Practice issues arising from negotiations; 6. Training of Administrative on new contracts; 7. Preparation of new agreement for printing by City; 8. Strike preparation and administration. F. Until January I, 1999, Representative will represent the City in the following areas: MMN Agr('('mcn( Pagc 2 i 1111, :, ' ,. -.I 1. Grievance/Arbitration cases; 2. 'Unit Determination/Clarification; 3. Unfair Labor Practice issues not related to collective bargaining; 4. Fair Labor Standards Act consultations; 5. General Labor Relations consultations. SECTION V. TERMINATION A. This Agreement shall continue in effect until terminated as provided below. B. Either party shall have the right, at any time, to cancel and terminate this Agreement by giving at least sixty (60) days' written notice to the other party, and the giving of notice provided for under this or the next paragraph shall operate as a suspension of all negotiations, whether initiated prior to or subsequent to such notice. SECTION VI. ASSIGNMENT The rights of each party under this Agreement are personal to that party and may not be assigned or transferrcd to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. SECTION VII. LAW TO GOVERN CONTRACT [t is agrced that this Agreement shall be governed by, construed, and enforced in accordance with the laws of the state of Montana. SECTION VIII. EXPENSES OF REPRESENTATIVE All expenses for the operation of Representative's offiee and activity, including mileage, meals, lodging, and other expenses as itemized, shall be reimbursed at the following rate: A. Mileage: In compliance with Section 2-18-503( 1) and (3), M.C.A.; B. Meals: Not to exceed Sixteen and No/lOO Dollars ($16.) per day; C. Lodging: Actual costs; D. Other: As itemized, when directly related to performance under this Agreemcnt. MMN Agreement Page 3 :: j i!~ 'l . SECTION IX. ENTIRE AGREEMENT This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party, except to the extent incorporated in this Agreement. SECTION X. MODIFICATION OF AGREEMENT Any modification or this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing, signed by each party or an authorized representative of each party. SECTION XI. NO WAIVER The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. SECTION XII. ATTORNEY'S FEES In the event that any action is filed in relation to this Agreement, the unsucccssful party in the action shall pay to the successful party, in addition to all the sums that either party may be call cd on to pay, a reasonable sum for the successful party's attorney's fees, to include fees and salary of the City Attorney and Starr Attorneys. SECTION XIII. EFFECT OF PARTIAL INV ALIDITY The invalidity of any portion of this Agreement will not, and shall not, be deemed to effect the validity of any other provision, In the event that any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungemcnt of the invalid provision. MMN Agreement Page 4 ,III i ~ i i~ . . . . SECTION XIV. NOTICES Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail and sent to the respective address of each party as set forth at the beginning of this Agreement. IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed at Boz.eman, Mont.ane on the date indicated below. CITY OF BOZEMAN By: ATTEST: r2J: ;lk~ Robin L. Sullivan Clerk of Commission MONTANA MANAGEMENT NETWORK ~~t-~J2 ~_ STATE OF MONTANA ) ) ss. County of Gallatin ) On this 7th day of April , 1997, before me, the undersigned, a Notary Public for the State of Montana, personally appeared RON BREY and ROBIN L. SULLIV AN, known to me to be the Acting City Manager and Clerk of Commission, respectively, MMN Agreement Puge 5 . f. . _ ...~ I " .... .. ,j of the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged tome that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and a1lixed my Notarial Seal the day and year first above written. (SEAL) J 'l ' - ' Lu ~-c,J ~u.,---, otary Public for the State of Montana .---/ Residing at Bozeman '._ . 0, My Commission Expires IP ./J -,9 7 STA TE OF MONTANA ) --I ~ ) ss. County of c:;./' a.- )_ On this :?1-rHdayof ~/}kLu ~ , 1 97" cli me the undersigned. a Notary Public for the State of Montana, personally appeared ".~IG:~,known tome to be the t:?L./I/~" of Montana a cent Network and the person whose name is sulfscribed to the within instrument, and acknowledged to me that he/she executed the same 1'01' and on behalf of Montana Management Network. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the clay and year first above written. f'" i (SEAL) ~Jj, J L Notary P Residin at My C nmission Expires MMN Agrccmcnt I'agc 6