ARTICLE XI

SECTION C

IMPLEMENTATION

  1. Contracts, Department Purchase Orders, Direct Purchase Orders or Professional Services Agreements (PSAs) for services within the scope of work of BCEA represented classifications.

    1. The Department will fax or personally deliver a proposed contract to BCEA to inform BCEA of the Department's intent to contract out.
    2. BCEA will have five working days to present its views on the proposed contract.
    3. The Department will consider the Union's views if presented by BCEA but will not be obligated to meet and confer on the contract in question.
    4. Five working days from the date that the BCEA is notified of the Department's intended action, the Department may proceed with the contract at its discretion.
    5. In case of an emergency the Department may proceed with the contract without delay and discuss the contract with the BCEA as soon as possible but no later than within two (2) working days.

  2. Contracts, Direct Purchase Orders or PSAs that have an impact on the work performed by employees represented by BCEA.

    1. The Department will fax or personally deliver a proposed contract to BCEA. The Department will maintain copies of the delivery method.
    2. The Department will also send a copy of the delivery method and contract to Management Services.
    3. The BCEA will have five (5) working days to contact the Department to indicate that it wishes to meet and confer about the contract in question.
    4. Failure of BCEA to respond to the Department's notification within five (5) working days will cause the BCEA to have waived its right to meet and confer on the proposed contract. The Department may proceed with the contract.
    5. The five (5) working days limitation may be extended with the mutual agreement of the Department and the BCEA
    6. To initiate the meet and confer process, the BCEA must deliver its request to meet and confer to the Department with a copy to Management Services, within five (5) working days from the time that it was notified that the Department intended to contract out the work.
    7. If the BCEA notifies the Department that it wishes to meet and confer on a contract, the Department will suspend the processing of the contract until the meet and confer process is completed.
    8. Upon notification by BCEA that it wishes to meet and confer on a proposed contract, Management Services and the applicable Department will represent the City in the negotiations.
    9. In case of an emergency, the Department may proceed with the contract without delay and meet with the BCEA as soon as possible but no later than within two (2) working days.