(a) Except for emergencies involving public health, welfare, and safety, the City shall not subcontract any work or services which have been performed over the last three (3) years or are being performed by the employees of the City.
(b) However, when the City of Toledo cannot perform work with City employees because of excessive costs, or by nature of the size of the contract, subcontracting will be allowed. In determining excessive cost, consideration shall be given that the work to be subcontracted must be performed at the appropriate prevailing wage rates as required by applicable statutes. Copies of bids shall be furnished to the Union.
(c) The City agrees that all such contracts for work and services shall be discussed with the Union prior to awarding the letting of the contract. The Union and the City will be permitted fourteen (14) calendar days to agree to any work rule or other changes which will make performance of the work with City employees competitive. If this results in the City being able to perform the work with City employees at competitive cost, the work shall not be subcontracted. In determining competitive cost, all cost aspects shall be considered.
Disputes as to whether the subcontracting violates this provision shall be submitted to expedited arbitration within fourteen (14) days of having knowledge of the dispute. Prior to the contracts being let, the City will provide all information related to the bid specification to appropriate Union representatives and will assist in reviewing the bid proposal with appropriate Union representatives.
(d) No employee will be laid off as a direct result of such subcontracting. A decision of the Arbitrator shall be rendered within thirty (30) days of the request for expedited arbitration or the work may be subcontracted.