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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