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avoid service disruption (hereinafter, the "Notice"). If, after ninety (90) calendar days <br /> from the date of Notice, the contractor and the labor organization have not reached <br /> an agreement on a labor harmony plan and submitted it to the County, then the <br /> arbitration provision contained in Section V, below, shall apply. <br /> C. If the same labor organization is subsequently certified as the exclusive bargaining <br /> representative for the contractor's employees who are essential to the delivery of <br /> Services during the course of the term of a contract for Services, an updated Labor <br /> Harmony Plan jointly agreed to by the contractor and that exclusive bargaining <br /> representative must be submitted to the County by the contractor within ninety (90) <br /> calendar days from the date of certification of the labor organization as the exclusive <br /> bargaining representative or from the date of its voluntary recognition. If, after ninety <br /> (90) calendar days from the date of certification or recognition, the contractor and <br /> the labor organization have not reached an agreement on a labor harmony plan and <br /> submitted it to the County, then the arbitration provision contained in Section V, <br /> below, shall apply. <br /> The Labor Harmony Plan must be signed by the contractor and the labor organization or <br /> collective bargaining representative, as the case may be, and may (but is not required <br /> to) be contained in a collective bargaining agreement signed by the employer and the <br /> representative if that agreement includes a No Service Disruption Guarantee and if it <br /> will be in effect during the full term of a contract for Services. A collective bargaining <br /> agreement that will expire before the end of the contract period may only serve as the <br /> Labor Harmony Plan if it is supplemented by a Labor Harmony Plan signed by the <br /> employer and the representative that addresses how the contractor will make every <br /> good faith effort to resolve labor disputes without disrupting contracted-for services <br /> during the portion of the contract period not covered by the agreement. <br /> Ill. Sanctions For Noncompliance <br /> A. Any efforts by the County to bring applicable service contractors into compliance <br /> with these requirements must be consistent with the County's proprietary interest in <br /> preventing or mitigating disruptions in Services caused by labor unrest. <br /> B. A Contractor's failure to submit a No Service Disruption Guarantee and, unless <br /> exempted under Section VI below, a Labor Harmony Plan to the County in <br /> accordance with these requirements may result in a denial of that contractor's <br /> application to contract for Services. <br /> C. A Contractor's failure to maintain its No Service Disruption Guarantee and, unless <br /> exempted under Section VI below, to follow its Labor Harmony Plan may result in <br /> the mid-term termination of that contractor's contract for Services. <br /> D. In addition, the County may, in its sole discretion, deduct from the compensation that <br /> would otherwise have been paid to,a contractor of Services the cost to the County of <br /> mitigating the impact on its clients caused by disruption of Services in violation of the <br /> contractor's No Service Disruption Guarantee. <br /> E. If the contractor and an exclusive bargaining representative, if any, do not take <br /> progressively responsible steps to restore Services within a reasonable period of <br /> time after a service disruption caused by labor unrest, such determination to be <br /> Exhibit E <br /> A-11-75-04-198 <br /> City of Everett <br /> Page 2 of 4 <br /> 27 <br />