2011/01/26 Council Agenda Packet

EXHIBIT E LABOR HARMONY REQUIREMENT Adopting Written Contracting Policies for Certain Human Services Contracts in Accordance With SCC 2.400.067 On March 25, 2009, the Snohomish County Council passed Ordinance No. 09-011 relating to contracts for all home care services and for those services funded by revenues derived from the tax imposed by SCC 4.25.010. The ordinance requires the Snohomish County Executive to adopt such written contracting policies as he determines necessary "to prevent or mitigate service disruptions caused by labor unrest within private sector providers of home care services, chemical dependency or mental health treatment services, or therapeutic court services, that would harm vulnerable members of the community, compromise the efficient delivery of county services, or adversely impact law enforcement services provided by the county" (SCC 2.400.067(1)). For purposes of these policies, the services described in SCC 2.400.067(1) are hereinafter referred to as the "Services." I. No Service Disruption Guarantee The Contractor agrees to maintain an appropriate level of service at all times in order to prevent or mitigate disruptions to the contracted-for services caused by labor unrest. The contractor agrees to sign a guarantee that appropriate levels of service will be maintained by the contractor at all times specified in the contract (hereinafter, a "No Service Disruption Guarantee", which is attached as Attachment A to this Exhibit). Provided, however, that the provision of a signed, enforceable agreement (including but not limited to a collective bargaining agreement) between the contractor and the exclusive bargaining representative of the contractor's employees who are essential to the delivery of Services may substitute for the contractor's signing of a No Service Disruption Guarantee, so long as that signed agreement includes a No Service Disruption Guarantee and both the contractor and the exclusive bargaining representative agree to the substitution. II. Labor Harmony Plan The Contractor will, unless exempted under Section VI below, submit a plan to address how the contractor will make every good faith effort to resolve labor disputes without disrupting contracted-for services. A. If the employees of the contractor who are essential to the delivery of Services have an exclusive bargaining representative when the County contract or contract amendment is executed, that representative must jointly develop and approve the Labor Harmony Plan. B. If, during the course of the term of a contract for services, a labor organization informs the contractor and the County in writing that it is seeking to become the exclusive bargaining representative of the employees essential to the delivery of Services, the County will notify the contractor and the labor organization within seven (7) days that they must jointly submit to the County a Labor Harmony Plan to Exhibit E A-11-75-04-198 City of Everett Page 1 of 4 26