HomeMy WebLinkAbout1974 Joint Powers Agreement
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Personnel Department
607 County Administration Building
. 70 West Hedding Street
San Jose, California 95110
299-2341 Area Code 408
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OF 7/30
July 19, 1974
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fRANSMITTED FOR AGENO/\
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TO:
Honorable Board of Supervisors
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FROM: Gary C. Foss, Director of Personne~7-
SUBJECT: EXECUTION OF JOINT POWERS AGREEMENT
Background . '.
By action of June 5, 1974, the Board of Supervisors approved the appropriation
of $20,000 as the County's .s~are in the Intergovernmental Employee Relations
Service Program. The program involves ten other publ iC agencies within the
County of Sant,a. ClClra an? isto functi<.?n throughout .!he fiscal year 1974-75.
Summary
The operation of the program will be covered by a Joint p.ow~rs Agreement
to which all of the aforementioned parl'ies will be signatoring. In accordance
with Section 20 of that document , the agreement musf be. executea by.all
parties by AugustZJ 1974. The agreement is presently in the process of being
executed by each of the other ten agencies to be participating in the program.
Recommendation
The Board is requested to authorize the signing of the agreement by its Chairman
at its July 30 meeting. Once the Board has executed this agreement, it will
be signed by each of the participating jurisdictions. Consequently, it is re-
quested that the Clerk of the Board return the original copy of the agreement
to this office. .
GCF/JOmad
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P . "i~ember .
M International Personnel
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JO INT PO',i:>~S t\GRE1~:'L:"T FOR
ItJI1ERl';O~J i.~P~;.\f"lEl\I"r f\ L S~J:p LOY EE
RELATIONS SERVICES
This is a joint pO'Hers Clgreement between the originally
executing public agencies and such other public agencies 3S
may be subsequently added (hereinafter collectively referred
to as "the parties").
vlHEREAS, the parties are "public agencies" as that term
is defined in California Government Code section 6500 dealing
with Joint Powers Agreements; and
\vclEREAS, the parties are actively involved in ernrloyee
relations under applicable provisions of law; and
l~{EREAS, the parties are possessed of common powers and
authority to collect) refine) analyze and use information)
research and assistance in their respective employee relations;
and
i-fBimEAS, the parties desire to consolidate certain infor-
rnation) research and assistance functions and services in
order to realize attendant economic and operational efficiencies.
NOW, THEREFORE) the parties agree 2S follows:
1. Purnose. The purpose of this agreement i.s to provide
information, research and assistance necessary and relevant
to the operation of the respective employee relations of the
p3rt:f_CS II
2. Powers. The powers to be exercised by the parties
are these express and
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implied po~ers under applicable provisions
of lAW relating to and governing employee relations of the
respective parties, including) but not limited to) the po~~r'
to collect, refin2, c!11c1J.y'zc [Ind use i.nfo:::'.t~l(qtio11, re~~)carcl-l i-1T"lG
assistance in the area of employoe re1atioC)s.
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3. ~~thod. The method of implemonting the above purposes
and executing the above powers is to provide employee relations
services in accordance with the terms and conditions hereof
through staff and facilities of the County of SaDta Clara
(County). By this agreement the parties do not create an
agency or entity sep8rate from the parties themselves.
L~. Original and AdditiOi.l31. Parties. The public agencies
executing this original agreement by and through their res-
pective authorized agents (Original 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 hereof (Additional Parties) shall become and be
parties to this agreement on the effective date of such
addition and shall thereafter enjoy the rights and perform
the duties required in accordance \yith the terms and conditions
hereof.
5. Tenr.1. Irrespective. oE the date or dat2s of execution
hereof by original or additional parties, the term of this
agreement shall com~ence July 1, 1974 and shall teiminat~
June 30, 1975, unless otherwise extended by agreement in
accordance with the terms and conditions hereof.
6.. Fee Schedu12 for Basic and Special Services. Fees
shall be payable for services provided in accordance \'1i::h
the following fe~ schedule:
fpr basic services as h!?reinaft_cr described:
Each party shall pay $1.00 for each full time
budgeted position (excluding elected officials)
as set forth in the party's final adopted budget
for fiscal year 1974-75 plus an additional $100
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for each bargaj~ing unit for the party as of the
date of the adoption of the final budget for
fiscal year 1974-75. For purposes of computing
the number of bargaining units for a party, each
unit which has been established for employee
relations purposes under law and vlhich is
represented by a recognized employee organization
shall be, counted as a bargaining ~nit. All
unrepresented employees of a party, regardless of
number, shall be counted ,as one bargaining unit for
the party.
For soecia], services as hereinafter described:
,
$20.00 per hour for actual time spent in rendering
such services except that for "supplementary survey
services" as hereinafter described under special
services (paragraph l2(a)) the fee shall be $12.00
per hour for actual time spent in rendering such
services.
7. Specie 1 Fec~ and Advanc'2 by G,ounty. Notlivithstanding
the fee schedule provided for pa~ties in paragraph 6 hereof,
County shall pay a special fee for services to be provided
under this agreement in the amount of $20,000. Said fee
shall entitle County to basic services as hereinafter
described and to .the extent the special $20,000 fee ex~eed~ .
County's fee for basic services computed in accordance with
paragraph 6, above (estimated at $10,000), said excess
(estimated at $10,000) shall constitute an advance by County
for special services to be provided County. County shall
not be required to pay any amount in excess of the $20,000
special fee described nerein unless and until fees for special
services provided County e:-:cc2d the [;rwunt: 8dv2:t1C.::'J by (>\:,~"'lt:l
pursunnt to this par~graph.
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8. Commitment Bnd Limitation of Funds. Each party
shall pay a minimum contribution under this agreement equal
to the fce for basic services or the special fee charged
County p~rsuant to the respective provision~ of paragraphs
6 and 7 hereof, whichever is applicable. 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 \<7ith this agreement.
9. Anticipated Expenditures and Staffing. Upon
execution of thi~ agreement, the parties anticipate a
$45,000 operating budget for the full term of this agreement.
The parties further anticipate that in order to perform the
service called for by this agreement, County will provide up
to three full-time equivalent positions for the term of this
agreement consisting of a program director, a personnel aide
and an intermediate stenographer clerk. rne original parties
fully anticipate and recognize that the minimum fee commitments
of the original parties pursusnt to paragraphs 6 and 7 hereof
represent and comprise only approximately 75% of the anticipated
operating budget for the full term of this agreement, the
parties expressly assuming that additional revenues will be
generated. throughout the term of this agreement to fully
cover the full operating expenses of the program for the
full term, said revsnues to be derived from fees for
specia] services provided to original parties and/or from
fees for basic and/or special services provided additional
parties and/or services provided to non-parties in accordance
with this agreement.
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10. County Ob lig~ti:ons_. County Sh,01l1:
(a) Hire and retain staff to provide the basic
and other 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 accordance with customary accounting
procedures, all in accordance with accepted accounting
practices used by the County Controller of the County
of Santa Clara so as to ~ccurately reflect all revenues
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.
11. Basic Services to be Provided. Each party hereto
shall be entitled to the following basic services:
(a) A!1 annual comp~_~?at:Jol"!.,_~!:1r.vey consisting
of one comprehensive survey of a ma::imum of tv:a::lty-
~_p.ublk...agencies. to be selected and located
within Alameda, San Mateo and Santa Clara Counties,
\,:rhich survey shall include:
1. Prevailing salaries f(J];,..,fi-fteen key
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jobs or .job families (e.g. "jobll equals
typis t clerl:; "j ob fami 1y" equals all typis t
levels) .
2. Prevailing frin~e benefit levels for
ten individual benefits.
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3. Bargaining unit structures of the
surveyed public agencies, including, but
not limited to, infor8ntion regarding expir-
ation dates of existing agreements and next
l<novJn adj us truants.
4. Plus benefit data for industry
confined to Santa Clara County; plus salary
and benefit data for the State of California
and the Federal Government (confined to
California), all as appropriate and comparable.
(b) Supplemental or 'additional survey information
over and above that provided under (a) above, subject
to a twenty~four (24) staff hour limij;..I2er'p~rty during
the term of this agreement and further subject to a
geographical limit confined to available data sources
located within Alameda, Contrn Costa, Marin, San Francisco,
San Hateo, Santa Clara and Santa Cruz Counties.
(c)
Perform.3.IlCe of. compensation surveys requested
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of the party by any statewide organization having as
its exclusive members other public agencies within
the State of California; plus other surveys requested
of a party by another California public agency, to the
extent feasible.
(d) Information relative to bargaining, eCPDomic,
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legal and legislative activities and trends.
(8) Assistance in negotiations and contract
administration, excluding direct participation in
either process.
(f) Such additional research projects as are
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the Executive Board) subject
to the
fi~J~~l ]_imit~lLi()~s D.E this agrc2m~nto
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Selection of the local pubJ.ic
.
agencl2s,
the jobs or
job families and the fringe benefits' to be surveyed under
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SUuGJ..V1.Sl0n a ,
above, shall be determined by the Executive
Board. The.Executive Board may increase th~ staff hour IJ~lt
under subdivision Cb), above, provided a corresponding reduction
in staff hour requirements under subdivision (a), above, is
made by the Executive Board; and provided further the total level
of benefits to be provided under this paragraph is not thereby
increased.
12. Special Services to be Provided. Special services
available to the.parties hereunder include, but are not limited.
to the fo llol'ling :
(a) Supple82ntal survey services exceeding either
the time or the geographical limits of paragraph ll(b),
a~ove, such time limit being subject to increase by
the Executive Board as otherwise described in para-
graph 11, above.
(b) Employee relations training programs.
(c) Requested participation or attendance at
conferenc~s, seminars, etc., for the benefit of a
party; provided that the maximum per diem expenses
for this special service shall not exceed a per diem
of $100 per day plus expenses.
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(d) Special studies for parties.
(e) Other services for parties as from time
to time are requested and available.
13. Executive Bo~rd. The original parties to this
agreGm2nt may create and establish an Executive B08rd for
purposes of exercising decisions of the Executive Board
as set forth herein end for the further purposes of
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determining policy decisions to be made during the term of
this agreement for and on behalf of the parties. The nur{:ber)
COffi?osition, representation, meeting and voting requireill2nts
for the board shall be determined by an amendment to this
agreement executed by all of the original parties; provided,
the executive board shall have no power to alter, amend, modify
or terminate this agreement. If the parties are unable to reach
agreement on or before August 30, 1974, on the creation of the
Executive Board in accordance with the terms and conditions of
this paragraph, the powers, duties and functions of the Executive
Board shall be exercised by the original parties to this agree-
ment, unanimous consent of said parties being required to any
such action.
14. Information required and Manner of Payment. Each party
hereto shall, within ten (10) days of the date of final adoption
of the party's budget for fiscal year 1974-75) provide County
the following written information:
(a) The number of full-time budgeted positions
provided in said budget.
(b) The number of bargaining units as of the
date of adoption of said budget, including the
employee organization representing each of said
units and a listing of occupational groups included
within each of said units.
Upon receipt of such information, County shall compute the fee
for basic services payable under this agreement and shall
promptly submit a s ta teroent therefor to each party. StateITicnts
for special services rendered to parties pursuant to this
agreement shall be rendered monthly or upon completion of
said services, ,,;hichever sooner occurs. All statenl.::nts shall
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l!~a. P.dditiona 1 l);~:rties. }")st\'7een tbe beginning of the
term of this agreement and January 1, 1975, other public
agencies may become arlditional parties under this ag~eement
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 computed in
accordance with the terms and conditions of this agreement.
After January 1, 1975, no addi~ional parties may be added to
this agreement save and except upon unanimous written consent
of the parties hereto.
15. Confidential Information - Copvri.ghts. Each party
shall keep confidential all \.rritten 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 distribution of such written materials within
its o~m agency as is required for such part1s employee relations
purposes; nor shall it preclude a party from using the data
provided in such written materials for its o~m employee
relations purposes or for purposes of discussing same 'i'7:i.th
other parties to this agreement. Neither the confidential
\vritten material provided pursuant to this agreement nor the
data contained therein shall be reproduced, distributed or
divulged save and except as otherwise allowed by this
paragraph and then only'consistent with the terms and conditions
of this agreement to provide employee relations services to
the parties to this agreement. County may copyright in its
name, for and on behalf of all parties to this agreement, any
publications produced as a rosult of this agreement; provided,
that c-,uch copyright~;d EElterial sh21l be available free of
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charge to the parties, subject to a reasonable limit on the
number of such copies predicated on reprod~ction costs.
16. Services to ~~n-Parties. Services may be provided
non-parties consistent with the terms and conditions of this
agreement; provided, that fees for such services shall be no
less th~n 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.
17.
Azencv Coooeration.
~ . .
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
availubility of required data. The parties shall cooperate
with each other and with County acting on behalf of all in
providing information required to perform once under this
agreesent.
.
18. Contract Liabilitv-In~crnnification. Each party to
this agreement shall bear financial responsibility for the
acts of their respective officers, agents and employees; and
each p~rty shall indennify, 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 perfor~ance 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
individual party and any employee organization.
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19. Fiscal Re~~2onsib:Llit~-:.. Up~n the terrni.I1ution or this
aOrpP'lnr',1- Cou....., t,r .::::1.a1l ",'rypdc.r a
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final accounting to the
. ~ fl . .
partles accurately re ectlng lTI
accordnnce with accepted
accounting practices the revenues derived atid the direct
expenses incurred in performance of this agreement. If a
surplus in excess of any unconsumed advance made by County
remains at the tersination 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 th~ County of Santa Clara and his official bond,
the parties expressly waive any separate bond by County under
this agreement.
20. Execution by O~igi~al Parties. Irrespective of the
order in \'ihich or the dates upon \.]hich this agreement is
executed by each of the original parties, this agreement
shall be operative upon execution by the last one of said
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orlg1na_ par -les ana etrcctlve or tne tu term ereot.
If
all the hereinafter designated original parties fail to execute
this agreement by August 20,1974, this agreement shall not
become operative and shall be of no force or effect.
21. Termination. This agreement shall ~erminate except
as otherwise extended by \~~itten agreement of the parties.
Each party to this agreement shall give \\1ritten notice to
County, on or before Hay 15, 1975, as to its intent to
continue or not continue this agreement for an additional
t N,. t' t ' . . 1 .. f tl . t
erm. .'ol.:':n.. -ns aTlClng any oeiler provls:Lon 0 -.1lS agrcc1l1en )
County enters into this agreement on the express condition
that the services of Hr. John C. Obenhuber \-7i11 be available
to County
as an
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of County; and County retains the
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SOl '.: o:,tievl
~~() t:::-:'L'1.l;i--. '""'l tt!~:::
~;~_7.r2cr:l(~~~1t iJ~ for 3n\7 YC3':-:;O'O
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his ~erviccs othcr~!is2 becoI2 u~2vailable to County; provid2d,
tbs t
\j IJon s lj l.21~1 t errn i Y-t~:~~::L 0 n) (; () u-.~:..t-\1 s 11811 us f;;
l .,
its b2SL efforts
in 2,
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replacercent for
11r. Obr::,-lhubcr befo::-e tc.ndnatio:.l of this &[;reement cmd pro-
v idse1 furth-:;r CaUD ty s]~a 11 :::.",.:nd <( an aCCOlJD t ing to a 11 par ties
and return to each party the surplus, if any, in accordance
with paragraph 19 hereof.
IN \}ITNESS \,'J}lEEL::U~_i' ~ the bc.:lm.J designated origin::!l parties
have executed this agreEment by and through their respectlve
authorized agents on the dates set forth below.
COUNTY OF SlJ1TA CLARli CITY OF HOUNTAn~ Vr:C~1
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By ..[:?::\-Y1.e,L'L:h::$'~~1hD0 ts:._..__~L~.:~Y 3_0/1974 By Da te
SFj '.~anchez ,'~ :ChZnrli.:dl1
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BoaL~ 0 Supcrv1sor3
CITY OF CAI.f2Br.:LL CITY OF P /.>,1,0 ALTO
By ___
Date
By
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CITY
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C IJP EIZ1r Ii'70
CITY
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Sl~i'~' JOST~.
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By
1)2::e
LROY _
-tc-:gate 8-5-74
C 1'TY 0: Sl\Itl/rOG/~
By Date
Mayo r
TmlN OF LOS CATOS
SANTA CLARA VALLEY :.lATER
DISTr~ICT
By
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CITY OT~ l'lILPI'T}iS
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Office of the Board of Supcn'l!'ors
524 Countv Administration Building
. 70 West Hedrlinq Street
San ,lose, California 95110
299-2323 Area Code 408
ir';~c,rr1~a
Sig Sanchez, District 1
Dominic L. Cor1:es~', District 2
Dan M.;:; Corquodale. D,strict ~1
Ralph H. Mehrkens, District 4
Victor Calvo, District 5
September. 3, 1974
City Clerks of:
City of Campbell
City of Cupertino
City of Gill."oy
Town of Los Gatos
City of Milpitas
City of J'lountain View
City of Palo Alto
City of San Jose
city of SaLatoga
General Manager, Santa Clara Valley Water District
Subject.:.:
Joint Pm'lers Agreement - Intergovernmental Employees
Relations Service Program - 1974-75
Please refer to our letter dated July 31, 1974:
Attached is a cOlllposite C)py of U'l(;; signatcH'G sheet pertaining
to sub:iect l\J1:'Cj('IH,:;nt ldh.1.ch \<1::18 c:ppLoved by the Boc".:cd of Super-
visors at its meeting of July 30, 1974. Each of the participat-
ing cities and Di~;t.rict. hilE~ ap.ljrovcd t.his J\(JrE.;en;i::~nt a:id the
original signature shcFts aLe on file in this office.
Thank you for your cooperation.
Very truly yours,
BOJ\RD OF SUPEHVISORS
Donald M. Rains, Clerk
~~
Dr" -) - .. 1'"
D,o_!:" t, clc..J',.
By~
m.FZ/ cJq h
l~ 11''':; 10Sl1):-e
cc: John C. Obenh~ilier
pen;onne.L Dept.
An [qual Or:portllnity [n,ployor
n 1.) ,- -;-~ -7 ~ t- ~_. (:~ -~t .. T- ':" t- ,0 .' .1--,.' Q
.::.0 C Ol)""-O~. .0 ".I.I,D_de, ~, L"J._,
agrcc~ent if for any reason
his services otherwise hecome un2vcilable to County; provided,
that upon such termination) County shDll use its best efforts
in a
f. ,. ,. . f
prompt -aShlon to ootaln n satls"actory
replacen~ent for
Hr. Obenhuber before te1~uinution or this agreement and pro-
vided further County shall render an accounting to all parties
and return to each party the surplus, if any, in accordance
with ;paragraph 19 hereof.
IN \VITNESS.vJIlEREOF, t:he belo';'7 designated original parties
have executed this agreement by and through their respective
authorized agents on the Jates set forth below.
COUNTY OF S!\!1'I'.:-\ CLX1A CITY Ol ~':O~:':':~;:'i, L'~ 'lIT::..;!
\, \COl1l1P) . 'r,J1~ V j,~: '/l.
By ;,,-J% t"',\pn'J-:~;, l},}';:CC .Julv 30 197-n~',7 (ll)?f]/i{.[/-"'1'.:P,r::[!t~Y/7/1-
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THE FOREGOING INSTRUl....\ENT IS A
CORRECT COpy OF THE ORIGINAL
ATTEST: DONALD M. RAINS
CLERK, ARD OF SUP.ERVISORS
BY
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DATE:
SEP 3 1974
County of Santa Clara
California
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Office of the Board of Supervisors 4''':/).r
524 County Administration Building
70 West Hedding Street
San Jose, California 95110
299-2323 Area Code 408
Sig Sanchez, District 1
Dominic L. Cortese, District 2
Dan Me Corquodale, District 3
Rodney J. Diridon, District 4
Geraldine F. Steinberg, District 5
January 21, 1975
Susanne E. Steinmetz, Clerk
City of Gilroy
P. O. Box 66
Gilroy, California 95020
Subject: Amendment to Joint Powers Agreement for
Intergovernmental Employee Relations Services-
Establishment of Executive Board
Dear Mrs. Steinmetz:
Please refer to our letter of September 25, 1974 relating to
subject Amendment.
All signature sheets have been received in this office and
have been filed with the original document. A composite of
the signature sheets is enclosed for your information and
records.
Very truly yours,
BOARD OF SUPERVISORS
Donald M. Rains, Clerk
By:
"
'!"~L'r't '-... J J (I ..
1,-/ Ll {';"1 I '-' ( '-' \,
. . i .
Deputy Clerk
,
DMR/dgh
Enclosure
cc: Jack Oberhuber, Personnel
S An Equal Opportunity Employer
(e) Ii. ,.J:Ci_ tten record of all bus iL2::: s conducted at
Board meetings will be maintilined by staff
and distrib~ted to all parties to the agreement
shortly after each meeting
The review, correction and approval of such minutes
"li11 be an i tern on tLe a~Jenda of the im:nediately
succeeding Deeting of the Board.
2. Th~ Executive Board shall have thefu1lowing functions:
(a) 'fro establish priorities in the perfonnance
of Prog...ram Services 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.
(b) To determine the number and specific nature of
research projects to be provided as Basic
Services pursuant to Section ll(f) of the
agreement.
(e) To determine the specific local public
agencies, job classifications/families
and fringe benefits which are to be in-
corporated in the Annual Compensation Survey
\. as described in Section ll(a) of the agreement.
(d) To determine to what extent, if any, 1975
League of California Cities Survey data are
to be used in lie'Li of t.he local public data
as detennined in II (c) ", above i and to deter-
mine the corresponding increase in non-
chargeable Supplemental Survey services per
Sections ll(b) and l2(a) of the agreement.
(e) To establish policy guidelines concerning the
subscription of additional parties to the agree-
ment and the offering of Program Services and
products to non-parties pursuant to Sections 4,
14(a) and 16 of the agreement.
(f) To insure the full cooperation of all original
and additio~al parties in accordance with Section
17 of the agreement.
IN hlITNESS WHEREOF, the below designated original parties
have executed this agreement by and through their respective
authorized agents on the dates set forth below.
COUNTY OF Sl\NTA CLAP"t'\
(Count\y) \
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By _ 11,<;\:1:>_../6, /\<(/ '._ /~_
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Date.!2..<:,ptembcr 4). 1971.1
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THE FOREGOING INSTRUMENT IS A
COMPOSITE COpy OF THE ORIGINAL.
ATT&5--T: DONALD M., RAINS
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By !:_:)t:.'~-Z..ci C~110'
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Date January 20, 1975
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