HomeMy WebLinkAboutReso - CC - 085-19810
RESOLUTION NO.
Authorizing Execution of
Joint Powers'Agreement for Inter-
governmental Employees Relations
Services
j RESOLVED, by the CITY COUNCIL of the City of Burlingame,
(California, and this Council does hereby FIND, ORDER and DETERMINE
!as follows:
1. The public interest and convenience require execution
of the agreement cited in the title above.
2. The City Manager be, and he is hereby, authorized
to sign said agreement for and on behalf of the City of Burlingame.
3. The City Clerk is hereby ordered and instructed to
attest such signature.
Mayor
I, EVELYN H. HILL, City Clerk of the City of Burlingame,
do hereby certify that the foregoing Resolution was introduced at
a regular meeting of the City Council held on the 7th day of
December , 19 81, and was adopted thereafter by the following
vote:
AYES: COUNCILMEN: AMSTRUP,BARTON,CROSBY,MANGINI,MARTIN
NOES: COUNCILMEN: NONE
ABSENT: COUNCILMEN: NONE
City Clerk
JOINT POWERS AGREEMENT FOR
INTERGOVERNMENTAL EMPLOYEE
RELATIONS SERVICES
This is a joint powers agreement between the executing public agencies
and such other public agencies as may be subsequently added (hereinafter
collectively referred to as "the parties").
WHEREAS, the parties are "public agencies" as that term is defined in
,d California Government Code section 6500 dealing with Joint Powers Agree-
ments; and
WHEREAS, the parties are actively involved in employee relations under
applicable provisions of the law; and
WHEREAS, the parties are possessed of common powers and authority to col-
lect, refine, analyze and use information, research and assistance in
their respective employee relations; and
WHEREAS, the parties desire to consolidate certain information, research
and assistance functions and services in order to realize attendant eco-
nomic and operational efficiencies.
NOW, THEREFORE, the parties agree as follows:
1. Purpose. The purpose of this agreement is to provide information,
research and assistance necessary and relevant to the operation of
the respective employee relations of the parties.
2. Powers. The powers to be exercised by the parties are those express
and implied powers under applicable provisions of law relating to
and governing employee relations of the respective parties, includ-
ing, but not limited to, the power to collect, refine, analyze and
use information, research and assistance in the area of employee
relations.
3. Method. The method of implementing the above purposes and executing
the above powers is to provide employee relations services in accor-
dance with the terms and conditions hereof through staff and
facilities of the County of Santa Clara, hereinafter referred to as
"County". By this agreement the parties do not create an agency or
entity separate from the parties themselves.
4. Present and Additional Parties. The public agencies executing this
agreement by and through their respective authorized agents (Present
Parties) shall enjoy the rights and perform the duties prescribed by
the terms and conditions hereof. Other public agencies subsequently
added to this agreement in accordance with the terms and conditions
2
hereof (Additional Parties) shall become and be parties to this
agreement on the effective data of such addition and shall there-
after enjoy the rights and perform the duties required in accordance
with the terms and conditions hereof. The word "parties" are u::ed in
this agreement is intended to be synonymous with the terms "member"
and "membership".
5. Term. Irrespective of the date or dates of execution hereof by pre-
sent or additional parties, the term of this agreement shall com-
mence July 1, 1981 and shall be automatically renewed on July 1 of
each succeeding fiscal year.
A party intending to terminate membership in the succeeding fiscal
year shall give written notice to that effect by May 15. All par-
ties shall be provided advance notice in writing of the pending
deadline for termination no later than April 15.
The above provisions shall not apply to any party whose legislative
body takes official action after May 15, to terminate participation
under this agreement for the succeeding fiscal year. Notice of any
such action shall be transmitted by the party to County within ten
(10) days of the date on which it was taken. Any termination of
this type occurring after July 1 shall cause the terminating party
to remit to County a prorated fee for basic services for the subject
fiscal year. This amount shall be based upon the party's current
fee as determined in accordance with Section 6 of this agreement and
the total number of days elapsing from July 1 through the date on
which notice of termination is received by County. This period may
be extended by written agreement between County and the terminating
party in order to provide for the completion of requests for ser-
vices in progress.
6. Fee Schedule for Basic and Special Services. The Executive Board
shall set fees for basic services based upon number of employees,
numberof employee organizations and such other factors as the
Executive Board deem necessary. The Board shall also set fees for
special services as necessary. Such actions of the Executive Board
shall be final and binding.
where an action of the Executive Board serves to modify the fee
schedule for basic services during a fiscal year, a member may with-
draw membership within thirty (30) days from the effective date of
the modification. The member shall provide written notice to this
effect to the County and shall be provided a pro rata refund of the
fee for basic services paid by that agency for the fiscal year.
This refund shall be based upon the number of calendar days remain-
ing in the current fiscal year. This period for withdrawal shall be
in addition to those set forth in Section 5 of this agreement.
R
7. Commitment and Limitation of Funds. Each party shall pay a minimum
contribution under this agreement equal to the fee for basic ser-
vices established pursuant to Section 6. No party hereto shall be
charged or liable for fees for services provided hereunder for any
amount in excess of the party's minimum commitment except as it
otherwise requests and receives special services in accordance with
.this agreement.
The parties expressly assume that additional revenues will be gen-
erated throughout each fiscal year of this agreement to cover the
full operating expense of the program, said revenues to be derived
from fees for special services provided to the parties and/or ser-
vices provided to non-parties in accordance with Section 16 of this
agreement.
8. County Obligations. County shall:
a, Hire and retain staff to provide the basic and special services
hereinafter described, retaining full legal responsibility,
liability and control for the selection, retention, performance
and terms and conditions of such employment by County.
b) County shall maintain accounting and fiscal records 'in accor-
dance with customary accounting procedures, all in accordance
with accepted accounting practices used by the Controller of
the County of Santa Clara so as to accurately reflect all rev-
enues derived and direct costs incurred under this agreement.
c) County shall provide the basic and special services hereinafter
described to the parties subject to the staffing and fiscal
limitations anticipated and agreed to by the parties pursuant
to this agreement.
9. Basic Services to be Provided. Each party hereto shall be entitled
to the following services:
a) A compensation survey including thirty-four (34) public agen-
cies located within the counties of Alameda, San Mateo and
Santa Clara. This survey shall include:
1)
Prevailing
salaries for 14
job families.
j 2)
Prevailing
fringe benefit
levels for 18 individual bene-
fits.
3)
Bargaining
unit structures
of the survey agencies, includ-
ing information regarding
the expiration dates of existing
agreements
and next known
salary adjustments.
This survey shall be published annually so as to meet the data
needs of the majority of the parties.
i
4
Any party to this agreement shall, at its request, be included
d
in the survey even if this serves to increase the number of
agencies above the maximum of thirty-four (34).
b) Supplemental survey information from within the state of Cali-
fornia over and above that provided under a) above, subject to
a 16-hour limit per party in each fiscal year.
Where the compensation survey described in (a) above does not
produce any salary information applicable to an employee orga-
nization representing non -management employees and for
which a fee is assessed a party in accordance with Section 6 of
this agreement, that party shall receive an additional survey
allotment of five (5) hours for each such employee organization.
This additional allotment shall be provided without additional
charge to the party or deduction from the party's 16-hour
allotment as described above. It shall only apply to the
employee organization for which no salary data is provided in
the compensation survey.
Except as otherwise provided in this agreement, neither the
16-hour allotment nor the special supplement may be carried
over to a succeeding fiscal year nor applied toward any other
basic or special program service.
c) Completion of the annual compensation survey (Series Report)
conducted by the County Supervisors Association and completion
of the annual compensation survey conducted by the League of
California Cities. Any city or county party to this agreement
may elect to waive the completion of the League of California
Cities survey and receive an allotment of four (4) hours per
fiscal year for application to any special service as defined
in Section 11 of this agreement. Such hours shall not be cumu-
lative. Irrespective of how many parties may elect the afore-
mentioned option, the Program shall continue to function as the
data coordinator for the survey on behalf of all parties.
d) Research of labor litigation arising under the Meyers-Milias-
Brown Act and under related labor relations statutes such as
the National Labor Relations Act.
e)
f)
I
Research regarding proposed and enacted labor legislation on
both the State and Federal levels.
to ment of a "data bank" containing compensation informa-
Deve p
tion for both management
which shall be available 1
information would include,
benefits, staffing levels,
specifications.
and non -management classifications
:o all members at all times. This
as appropriate, salaries, fringe
organizational information and class
5
g) Development of a "data bank" containing information on bargain-
ing settlements and trends among local public jcric'.ictions
and, where appropriate, other public agencies and industry
within the State of California. This information shall be
available to all members at all times.
h) Assistance in contract negotiations and administration over and
above the development of settlement data. This would include
providing members with copies of agreements, agreement excerpts
on subjects selected by the member and consultation regarding
negotiations c,r grievance issues. Where the aforementioned
consultation entails the review of a party's existing agree-
ments, the review of employee organization demands on that
party or the review of counter -proposals made by t}le party and/
or its employee organizations, staff time so expended shall be
charged against that party's 16-hour allotment for supplemental
survey services. In no event, however, shall such review en-
tail the preparation of formal, written material without the
assessment of a fee for special services in accordance with
Section 6 of this agreement.
i) Consultation regarding issues and questions arising under per-
sonnel rules and employee relations regulations. This service
shall not include the review of complete sets of rules, the
development of rules or on -site consultation. Such services
may be provided as special services.
! j) Development of information regarding arbitrators, fact -finders
and mediators.
k) Conducting workshops on topics of particular significance.
This service shall not entail additional fees except as to meet
costs for use of outside meeting facilities and/or speakers.
The .Executive Board may add, delete or modify the basic services
provided under this agreement.
10. Special Services Available. Special services available to the par-
ties include, but are not limited to the following:
a) The development of compensation data over and above the allot-
ments for survey services set forth in Section 9(b) of this
agreement.
b) Consultation on contract negotiations and administration not
covered under Section 9 as a basic service, and direct partici-
pation in either contract negotiations or administration.
0
c) Consultation regarding personnel rules and employee relations
regulations not covered as basic services under Section 9 of
this agreement, and the development of specific sections or
complete sets of such rules.
d) Conducting classification studies.
e) Conducting special studies on any appropriate labor relations
matter which may be requested by any one or more party.
11. Executive Board.
a) The Executive Board shall function in the following manner:
1) Each party to this agreement shall be allowed one (1) rep-
resentative on the Board who shall have the express
authority to speak for and commit its principal on matters
before the Board. Each member shall have one (1) vote.
To the extent feasible, each party shall also designate an
alternate who shall serve in the absence or unavailability
of its regular representative.
2) By majority vote, the members of the Executive Board shall
select a chairman and vice-chairman at its first meeting
of the new fiscal year. The terms of such officers shall
extend for at least the balance of that year. A vacancy
in either office shall be filled for the balance of the
term by majority vote of all parties to the agreement.
3) A nominating committee consisting of the four (4) immedi-
ate past chairmen shall recommend individuals for the
offices of chairman and vice-chairman. If a past chairman
is unavailable, the vice-chairman shall serve. If neither
is available, the current chairman will name the addition-
al member(s). The Executive Board shall not be bound by
these recommendations.
4) The Board shall meet as necessary to fulfill its
functions, but not less than once per year. The frequency
of and agendas for such meetings shall be determined by
the chairman, or vice-chairman, in consultation with staff.
Except in extreme cases, each Board member will receive
advance, written notice of meetings, together with an
agenda of matters to be discussed.
7
5) A quorum of thirty percent (30%) shall be required in
order for the Board to meet or take final action on any
matter before it. Except where otherwise provided in this
agreement, a majority of the quorum is required for the
Board to take action.
6) A written record of all business conducted at Board meet-
ings shall be maintained by staff and distributed to all
parties to this agreement.
The review, correction and approval of such minutes shall
be an item on the agenda of the immediately succeeding
meeting of the Board.
b) The Executive Board shall have the following functions:
1) To establish priorities in the performance of Program ser-
vices in the event that requests for such services create
conflicts as to timely and efficient performance. Program
staff or any party to the agreement may seek and obtain
such a determination.
2) To establish policy guidelines concerning the subscription
of additional parties to this agreement and the offering
of Program services and products to non-parties pursuant
to Sections 4, 14 and 16 of this agreement.
3) To insure the full cooperation of all parties in accor-
dance with Section 17 of this agreement.
4) To assume such other functions as are expressly delegated
to it in accordance with other sections of the agreement.
5) To determine the salary of the Program Manager, subject to
the approval of the Board of Supervisors of the County.
c) The Executive Board shall have no power to alter, amend, modify
or terminate this agreement except as expressly delegated to it
in accordance with other sections of this agreement.
12. Management Committee.
a) The Executive Board shall delegate its powers to a Management
Committee. Excepted from this delegation of powers is the
authority to:
N
1) Adopt the budget;
2) Make changes in the fee schedule;
3) Obligate the parties financially in any way;
4) Select the chairman, vice-chairman and members of the
Management Committee.
These powers shall be exercised only by the Executive Board.
b) The Management Committee shall consist of seven (7) members
serving one-year terms. The chairman and vice-chairman of the
Executive Board shall be members of the Management Committee
and shall serve as its chairman and vice-chairman. The remain-
ing five members shall be chosen by the Executive Board, acting
upon the recommendation of the nominating committee. The
Executive Board, however, shall not be bound by the nominating
committee recommendations. The Management Committee must in-
clude at least one (1) representative from each of the follow-
ing categories:
1) Counties and cities of 250,00 population or above;
2) Cities of 50,000 population or above;
3) Cities of under 50,000 population and special districts.
The nominations committee and Executive Board shall also
attempt to select Management Committee members from all geo-
graphic areas and interests represented in the Program.
c) A quorum of four Management Committee members shall be required
i in order for the Committee to meet or take final action on any
matter before it.
d) The Management Committee shall meet as necessary to fulfill its
functions. The frequency of and agendas for such meetings
shall be determined by the chairman, or vice-chairman, in con-
sultation with staff.
e) Except in emergency cases, ea
receive advance written notice
agenda. Management Committee
members of the Executive Board.
-h Executive Board member will
of meetings, together with an
meetings shall be open to all
f) A written record of all business conducted at Management Com-
mittee meetings shall be maintained by staff and distributed to
all members of the Executive Board shortly after each meeting.
The review, correction and approval of Management Committee
minutes shall be an item on the agenda of the succeeding meet-
ings of the Committee.
0
g) Upon the petition of five (5) or more representatives on the
Executive Board, the Executive Board shall be convened to re-
view and affirm, modify, or reverse any decision of the Manage-
I
ment Committee.
13. Manner. of Payment. The County shall compute the fee for basic ser-
vices payable under this agreement and shall promptly submit a
statement therefor to each party. Statements for special services
rendered to parties pursuant to this agreement shall be rendered
i monthly or upon completion of said services, whichever occurs
sooner. All statements shall be paid to County no later than thirty
(30) days after receipt.
14. Additional Parties. other public agencies may become additional
parties to this agreement by executing an agreement with County for
and on behalf of all parties to be bound by the terms and conditions
of this agreement and delivering same to County accompanied by the
full fee for basic services for such local agency.
The fee for basic services applicable to agencies becoming addition-
al parties subsequent to July 1 of any fiscal year may be subject to
proration in accordance with policy established by the Executive
Board.
15. Confidential Information - Copyrights. Each party shall keep con-
fidential all written materials provided pursuant to this agreement
bearing a notation that the same is "confidential". This paragraph
shall not preclude a party from such limited reproduction and dis-
tribution of such written materials within its own agency as is re-
quired for such party's employee relations purposes; nor shall it
preclude a party from using the data provided in such written mater-
ials for its own employee relations purposes or for purposes of dis-
cussing same with other parties to this agreement. Neither the con-
fidential written material provided pursuant to this agreement nor
j the data contained therein shall be reproduced, distributed or
divulged save and except as otherwise allowed by this Section and
then only consistent with the terms and conditions of this agreement
to provide employee relations services to the parties to this agree-
ment. County may copyright in its name, for and on behalf of all
parties to this agreement, any publication produced as a result of
I this agreement; provided, that such copyrighted material shall be
4 available free of charge or at minimal cost to the parties.
16. Services to Non -Parties. Services may be provided non-parties con-
sistent with the terms and conditions of this agreement; provided,
that fees for such services shall be no less than the fees which
would be charged a party hereto; and provided further that, where
appropriate, such non-party enters into an appropriate written
agreement with the County for and on behalf of the parties.
I}
i
10
I
17. Agency Cooperation. County shall act as agent for and on behalf of
the parties pursuant to this agreement and shall use its best
efforts consistent with the fiscal limitations herein to perform as
required herein, subject to reasonable availability of required
data. The parties shall cooperate with each other and with County
acting on behalf of all in providing information required for per-
formance under this agreement.
18. Contract Liability -Indemnification. Each party to this agreement
shall bear financial responsibility for the acts of their respective
officers, agents and employees; and each party shall indemnify, save
harmless and defend the other parties from all claims for money or
damages arising from errors or omissions of such party's respective
officers, agents and employees in the performance of this agreement.
In no event shall other parties to this agreement be liable under
terms -and conditions of agreements reached, if any, between an indi-
vidual party and any employee organization.
19. Fiscal Responsibility. Upon the termination of this agreement,
County shall render a final accounting to parties accurately reflect-
ing in accordance with accepted accounting practices the revenues
derived and the direct expenses incurred in performance of this
agreement. If a surplus in revenues derived remains at the
termination of this agreement, County shall refund such surplus to
the parties on a pro rata basis determined by their respective
payments for basic services hereunder. In reliance upon the fiscal
accountability of the Controller of the County of Santa Clara and
his official bond, the parties expressly waive any separate bond by
County under this agreement.
20. Termination. Notwithstanding any other provisions of this agree-
ment, County enters into this agreement on the express condition
that the services of the Program Manager will be available to County
as an employee or contractor of County; and County retains the sole
option to terminate this agreement if for any reason the Manager's
services otherwise become unavailable to County; provided, that
before such termination, County shall use its best efforts in a
prompt -fashion to obtain a satisfactory replacement. If it becomes
necessary to terminate this agreement, County shall render an
accounting to all parties and return to each party the surplus, if
any, in accordance with Section 19 hereof.
IN WITNESS WHEREOF, the below designated present parties have executed
this agreement by and through their respective authorized agents on the
dates set forth below.
11
CITY OF CAMPBELL
By: Date: //7/5.�,
MAYOR
CITY OF UPERTINO
By: 4ftloo Date:,{,'-01-f/
CITY OF� ALTOS
BByC_ Date: 12/15/81
Roger S.C. Eng
Mayor
TOWN OF LOS GATOS
BY �--- DATE:
David Mollra, Town Manager
Y.
Date: Y' !T
CITY MANAGER
CITY MILPITAS
By: �'c. Date:
CITY OF MORGAN HILL
By: �X�-��,�.� LCA Date:
ALAMEDA COUNTY WATER DISTRICT
CITY OF MILLBRAE
BY: I /Tic' lJ ,eJ Date: /-12 ,f'L
Mayor
ATTEST' Gi/L�c£ QiR`is
City Clerk
CITY OF SOUTH SAN RANCISC0
By:( L Date: s
CITY SUNN LE
Bv: Date:/z /5�8/
COUNTX##VF SANTASCS
B �, �JDate:
AFAS TO FQK.,A
County CCU -,-I
/"&Y /96Z
CITY OF PALO ALTO
B DateS L
CITY OF SA'N/`JOSE
Uat. J $*. a Date: l)bh
urY U•' A A ARA
B : 6V ate: 3-9-92
Bv: 'i.F,/I i^___&PY--e Date: 3-/o s Z
e;Ty
SANTA LRA LEY ER DISTRICT
Cr lll1 Date: 1; J"
CITY OFISARATOGA
By: L i L ^-r- C..e�E� Date:
CITY
,pOFF DALYCIyTYY /� /
te:3! i gZ
CITY OOOFJBRISBANE
By: d,lDate: 1111IOv
SANTA CLARA COUNTY SANITATION
DI TRI -#4
B �f «< < L Date: 12/9/81
Chai[rp on,. Board of Directors
CITYOF SANMATEO
By'A4,Date: 3' 3 —5�2—
CITY,OF FRE 0 C
By'_
Date:��C�a
1Ht hOREGQING INJTRUI`AtNi I-' k
CORRECT CQRY OF TH.E RAINS
ATTEST' IDQN
CLERr, 6p,�RD OF SU. ERVISORS
B
Deputy Clerk
DATE: MAY 2 5 1982
BOARD OF SUPERVISORS
COUNTY OF SANTA CLARA
COUNTY GOVERNMENT CENTER, EAST WING
]O WEST HEDDING ST. / SAN JOSE,CALIFORNIA 95110 / 299-2323
May 27, 1982
To All Participants
SUBJECT: Joint Powers Agreement for Employee
Relations Services
MEMBERS OFTHE BOARD
SUSANNE WILSON
ZOE LOFGREN
DAN MOCORQUODALE
ROD DIRIDON
REBECCA 0.MORGAN
DONALD M. RAINS
CLERK/BOARD OF 3NPER1ISORE
TELEPHONE 288-4321
Attached is a copy to the Joint Powers Agreement on file with the
Clerk of the Board's Office in the County of Santa Clara. The verbi-
age of the contract is a true and correct copy of the document on file.
The signature pages, however, are a composite as each participant
signed a separate signature page. It was necessary to consolidate
all of these signatures on one page.
Should you require further information, please contact John Obenhuber
at (408) 299-3617.
Phyllis Perez
Assistant Clerk of the Board
PAP:tg
5kICL- REs.#FS-gI
December 2, 1981
MEMO TO: CITY COUNCIL
RE: AUTHORIZATION FOR EXECUTION OF AGREEMENT
FOR EMPLOYEE RELATIONS SERVICES
In the Budget, obtaining employee relations services
under a JPA with other cities and through the facilities
of Santa Clara County was approved. The amount budgeted
was $1,685. It is necessary to execute this agreement,
which is attached hereto. These services can be of
excellent value to the City, especially in obtaining
salary information.
A Resolution authorizing execution is recommended.
C;ar1e F. Schwalm
City Manager
fg