be adhered to until the dispute is resolved. Individual employees violating this section shall be subject to immediate discharge.
15.5 Each Employer will conduct a pre-job conference with the Trades Council prior to commencing work. The City and the Project Manager will be advised in advance of all such conferences and may participate if they wish. Pre-job conferences for different Employers may be held together.
ARTICLE XVI
MANAGEMENT RIGHTS
16.1 Consistent with the Schedule A agreements, the Contractor(s)/Employer(s) shall retain full and exclusive authority for the management of their operations, including the right to direct their work force in their sole discretion. No rules, customs or practices shall be permitted or observed which limit or restrict production, or limit or restrict the working efforts of employees, except that all lawful manning provisions in the Master Agreement shall be recognized.
ARTICLE XVII
DRUG AND ALCOHOL TESTING
17.1 The use, sale, transfer, purchase and/or possession of a controlled substance, alcohol and/or firearms at any time during the work day is prohibited.
17.2 Drug and alcohol testing shall be conducted in accordance with the substance abuse prevention policies set forth in the applicable Schedule A.
ARTICLE XVIII
SAVINGS CLAUSE
18.1 If any article, provision, clause, sentence or word of this Agreement is determined to be illegal or void as being in contravention of any applicable law, by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. The parties further agree that if any article, provision, clause, sentence or word of the Agreement is determined to be illegal or void, by a court of competent jurisdiction, the parties shall substitute, by mutual agreement, in its place and stead, an article, provision, clause, sentence or word that will meet the objections to its validity and will be in accordance with its original intent. If the parties are unable to agree on substitute language, then the entire Agreement shall be null and void.
18.2 If a court of competent jurisdiction determines that all or part of the Agreement is invalid and/or enjoins the City from complying with all or part of the Agreement's provisions, and the City accordingly determines that compliance with this Agreement will not be required in order to perform work under a Construction Contract, the Unions will no longer be bound by the provisions of Article IV.
150866M199858
Community Workforce Agreement
for the City of Fresno
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ARTICLE XIX
TERM
19.1 This Agreement shall be included in all bid documents, requests for proposals, or other equivalent Project solicitations, which shall indicate that entering into this Agreement is a condition of the award of a Construction Contract(s) for each Project.
19.2 This Agreement shall apply until the Completion of each Project in accordance with Sections 1.5 and 2.2.
19.3 This Agreement shall become effective 120 days after it is executed by the City and the Trades Council and shall remain in effect until the five (5) year anniversary of the effective date. During this term, the City administration shall prepare annual reports to the City Council on Agreement implementation and results of the Local Hiring Program, which reports shall be provided to the JAC for review and comment prior to submission to the City Council. The Unions, Trades Council, and Contractors shall provide to the administration requested information relevant to such reports, including information regarding referrals from hiring halls for Covered Work on Projects. Upon the two-year anniversary of the effective date, if the Percentage Requirements set forth in the Local Hiring Program are not being met on all Projects in aggregate, the City shall provide the Trades Council with written notice. Upon receipt of such notice, the Trades Council and the City shall meet and confer regarding whether to modify the Local Hiring Program in order to improve outcomes and meet the Percentage Requirements, with any such modifications made upon mutual agreement by the Trades Council and the City. A similar process will take place on the third and fourth anniversaries of the effective date.
19.4 Approximately ninety (90) days prior to the five (5) year anniversary of the effective date of this Agreement, at the request of either party, the City and Trades Council shall meet to discuss whether to extend this Agreement, and, if so, the proposed terms of such extension including any proposed changes to the Agreement.
ARTICLE XX
MISCELLANEOUS PROVISIONS
20.1 The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement. All defined terms used in this Agreement shall be deemed to refer to the singular and/or plural, in each instance as the context and/or particular facts may require.
20.2 This Agreement may be executed in counterparts, such that original signatures may appear on separate pages and when bound together all necessary signatures shall constitute an original. Faxed or emailed signature pages transmitted to other parties to this Agreement shall be deemed the equivalent of original signatures.
20.3 Each of the persons signing this Agreement represents and warrants that such person has been duly authorized to sign this Agreement on behalf of the party Community Workforce Agreement
for the City of Fresno
150866 1199858 20
indicated, and each of the parties signing this Agreement warrants and represents that such party is legally authorized and entitled to enter into this Agreement.
20.4 The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof.
20.5 All defined terms used in this Agreement shall be deemed to refer to the singular and/or plural, in each instance as the context and/or particular facts may require. [SIGNATURES TO FOLLOW]
1508661199858
Community Workforce Agreement
for the City of Fresno
CITY OF FRESNO
By: [Signature on File]_______________________
Name: Thomas Esqueda_____________________
Title: City Manager_____________ ____________
Date: 9/21_______________
FRESNO, MADERA, KINGS AND TULARE COUNTIES BUILDING AND
CONSTRUCTION TRADES COUNCIL
By: [Signature on File]_______________________
Name/Title: Chuck Riojas_____________________
Date: 9/29/2021__________
APPROVED AS TO FORM
CITY ATTORNEY’S OFFICE
By: [Signature on File]
City Attorney
Sr. Dep, Brandon Collet
ATTEST
BRIANA PARRA, CMC
INTERIM CITY CLERK
By: [Signature on File]
Deputy
Bernard Canez
Community Workforce Agreement
for the City of Fresno
150866M199858 22
FRESNO, MADERA, TULARE, KINGS BUILDING AND CONSTRUCTION TRADES
COUNCIL CRAFT UNIONS AND DISTRICT COUNCILS
COMMUNITY WORKFORCE AGREEMENT FOR THE CITY OF FRESNO
[Signature on File]______________________
Insulators & Allied Workers Local 16
[Signature on File]______________________
Boilermakers Local 549
[Signature on File]______________________
Bricklayers, Tile Setters & Allied Crafts 3
[Signature on File]_____________________ _
Northern CA Carpenters Regional Council
Drywall/Lathers Local 9083
District Council 16 Local Union 294
[Signature on File]______________________
Electricians Local 100
[Signature on File]_________
Elevator Constructors Local 8
[Signature on File]______________________
Iron Workers Local 155
[Signature on File]______________________
Laborers Local 294
[Signature on File]______________________
IUPAT/DC 16
[Signature on File]____________________
Plasterers & Cement Masons Local 300
[Signature on File]____________________
Plumbers & Pipefitters Local 246
[Signature on File]____________________
Road Sprinkler Fitters Local 669
[Signature on File]____________________
Roofers and Waterproofers Local 27
[Signature on File]____________________
SMART International Association 104
[Signature on File]____________________
Teamsters Local 431
[Signature on File]____________________
Underground Utility/Landscape 355
[Signature on File]____________________
Operating Engineers Local 3
150866M199858
Community Workforce Agreement
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Addendum A
AGREEMENT TO BE BOUND
[Date]
[Addressee]
[Address]
Re: City of Fresno Community Workforce Agreement
Agreement to be Bound
Dear: :
The undersigned confirms that it agrees to be a party to and bound by the City of Fresno Community Workforce Agreement (“Agreement”) as such Agreement may, from time to time, be amended by the parties or interpreted pursuant to its terms.
By executing this Agreement to be Bound, the undersigned subscribes to, adopts and agrees to be bound by the written terms of the legally established trust fund documents as set forth in Section 10.1 of the Agreement, as they may from time to time be amended, specifying the detailed basis upon which contributions are to be made into, and benefits made out of, such trust funds, and ratifies and accepts the trustees appointed by the parties to such trust funds. The undersigned agrees to execute a separate subscription agreement(s) for such trust funds when such trust fund(s) require(s) such document(s).
The obligation to be a party to and bound by the Agreement shall extend to all work covered by the Agreement undertaken by the undersigned. The undersigned shall require all of its subcontractors, of whatever tier, to become similarly bound for all their work within the scope of the Agreement by signing an identical Agreement to be Bound.
This letter shall constitute a subscription agreement, to the extent of the terms of the letter.
CONTRACTOR/SUBCONTRACTOR:
California Contractor State License No. or Motor Carrier (CA) Permit No.:
Name of Authorized Person (Print):
Signature of Authorized Person:
Title of Authorized Person:
Telephone Number of Authorized Person:
Address of Authorized Person
State Public Works Registration Number
Addendum B
SIDE LETTER
The parties recognize that the capacity to perform slurry seal maintenance work may not exist locally. Their mutual intent is to facilitate the creation of such capacity locally over time, Accordingly, the parties agree that with respect to slurry seal maintenance work that may otherwise be covered by this agreement, in the event the City receives no responsive bids, the parties agree to meet and confer. The parties may mutually agree to exclude such projects from coverage under this Agreement, or agree to modify the terms of this Agreement for the purpose of such projects. If the parties cannot agree, the City Manager may recommend to the City Council the exclusion of such projects from PLA coverage.
The parties further recognize that significant, new federal resources may become available after the effective date of this Agreement, and that such resources may require changes to this Agreement in order to ensure that the City can take full advantage of such resources. The parties’ mutual goal is to ensure that nothing in this Agreement will impair the City’s ability to apply for and receive such new funding, and that they will endeavor to agree on any necessary changes to ensure compliance with any new federal regulations governing such funding.
1508661199858
Community Workforce Agreement
for the City of Fresno
26
City of
FRESre
CITY OF FRESNO
COMMUNITY WORKFORCE AGREEMENT
PRE-APPRENTICE/APPRENTICE COMPLIANCE
This form is to be completed monthly and
submitted (electronically/hard copy) to:
City of Fresno
Attn: Contract Compliance Officer
Capital Administration Division
747 R Street, 2nd Floor
Fresno, CA 93721
Project Title: _____________________________
Project ID: _____________________________
Bid File Number: _____________________________
Contractor Name: _____________________________
Contractor Address: _____________________________
5 &© < Employee Name Employee Address Employee City, State, Zip Prepared by: Date:
Approved by Date:
City of
ETECI
■ I l==s 5% '
CITY OF FRESNO
COMMUNITY WORKFORCE AGREEMENT
JOURNEY LEVEL COMPLIANCE
Submitted (electronically/hard copy) to:
City of Fresno
Attn: Contract Compliance Officer
Capital Administration Division
747 R Street, 2nd Floor
Fresno, CA 93721
Project Title:
Project ID:
Bid File Number:
Contractor Name:
Contractor Address:
Employee Name Employee Address Employee City, State, Zip Prepared by:_____________________________________
Approved by:____________________________________
Date:_____________
Date:_____________
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