HomeMy WebLinkAbout1982 Joint Powers Agreement
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JOINT POWERS AGREEMENT FOR
INTEHGOVERNMEtnAL EMPLOYEE
RELATIONS SERVICES
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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
California Government Code section 6500 dealing with Joint Powers Agree-
ments; and
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\rlHEREAS, the part ies are ac t i vely involved in employee re la t ions under
applicable provisions of the law; and
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WHEREAS, the parties are possessed of common
lect, refine, analyze and use information,
their respective employee relations; and
powers and authority to col-
research and assistance in
i'lHEREAS, 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.
and
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2. Powers. The powers to be exercised by the parties are those express
implied powers under applicable provisions of law relating to
governing employee relations of the respective parties, includ-
but not limited to, the power to collect, refine, analyze and
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.
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4. Present and Additional Parties. 1he 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
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hereof (Additional Parties) shall hecome and be parties to this
agreement on the effective Gatt' of such addition and shall there-
after enjoy the rights and perform the auties required in accordance
with the terms and conditions hereof. The word "part1es" i:;:~, u~;ed 1n
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 aavance notice in wr iting 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 I 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 ana Special Services. The Executive Board
shall set fees for basic serVlces based upon number of employees,
number of employee organizations and such other factors as the
Executive Board deem necessary. The Board shall also set fe2s for
special services as necessary. Such actions of the Executive Board
shall be final and binding.
\-Jhere an action of the Executive Board serves to modify the fee
schedule for basic services during a fiscal year, a member may with-
dral.,. membership within thirty (30) days from the effective Gate 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 remai~
ing in the current fiscal year. This period for withdrawal Shall
in addition to those set forth in section 5 of this agreement.
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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 SecLion 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
[rom fees for spec ial 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:
aj 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 wi th 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.
to the following services:
Each party hereto shall be entitled
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
2) Prevailing
fits.
3 ) Bargaining
salaries for 14 job families.
fringe benefit levels for 18 individual bene-
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.
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Any party to this agreement shall, at its request, be included
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 l6-hour limit per party in each fiscal year.
Where the compensation survey descr ibed 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 1n 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 (Ser ies 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) Research regarding proposed and enacted labor legislation on
both the State and Federal levels.
f) Development of a "data bank" containing compensation infor;r,a-
tion for both management and non-management classifications
which shall be available to all members at all times. Thi.s
information would include, as appropriate, salaries, frinJ
benefits, staffing levels, organizational information and class
spec if ica t ions.
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g) Development of a "data bank" containing information on bargain-
ing settlements and trends among local public j~rj~ '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 or qrieVance 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 tIle party andl
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 ma,terial without the
assessment of a fee for special services in accordance with
Section 6 of this agreement.
i) Consultation regarding issues and questions ar ising 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-finGers
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 andlor 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
ments for survey services set forth in
agreement.
and above the allot-
Section 9 (b) of this
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.
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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 appropr iate labor relations
matter which may be requested by anyone 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
advance, written notice of meetings,
agenda of matters to be discussed.
member will receive
together with an
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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 provid2d 1n this
agreement, a majority of the quorum 1S 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 reV1ew, 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
confl icts as to time ly and ef f ic ient per formance. 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 offer ing
of Program services and products to non-parties pursuant
to Sections 4 , 14 and 16 of this agreement.
3) To 1nsure the full cooperation of all parties in accor-
dance with Section 17 of thi3 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
Committee. Excepted from this delegation of
authority to:
to a Management
powers is the
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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 cons ist of seven (7) membe r s
serving one-year terms. The chairman and vice-chairman of the
Execu t i ve Boa rd shall be member s of the Management Commi t tee
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
commi ttee recommendations. The Management Commi t tee 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
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 ch.airman, or vice-chairman, 1n con-
sultation with staff.
e) Except in emergency cases, each Executive Board member will
receive advance written notice of meetings, together with an
agenda. Management Committee meetings shall be open to all
members of the Executive Board.
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.
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g) Upon the petition of five (5) or more representatives on the
Executive Boara, the Executive Board shall be convened to re-
view and affirm, modify, or reverse any decision of the Manage-
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
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
~arties to this agreement by executing an agreement with County for
and on behalf of all parties to be bound by the terms ~~d conditions
Ot 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 Informaticn - 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 limi ted 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
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 copyr ight in its name, for and on behalf of all
parties to this agreement, any publication produced as a result of
this agreement; provided, that such copyrighted material shall be
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.
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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 wi th 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. Notwi thstanding 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
this agreement by and through their respective authorized
dates set forth below.
have executed
agents on the
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CITY OF CAMPBELL
By :~>:: (/'>7:;/;~~/~ Da te: 1/7 J ~)..
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Date: 12/15/81
TOWN OF LOS GATOS
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CITY MANAGER
MILPITAS
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Date: 1-7-~
CITY OF MORGAN HILL
By: eLt.Q~ rL ~ Date: (/-). :;. '{ (
ALAMEDA COUNTY WATER DISTRICT
By:Jta~.~~ Date:/tjt'?jBl
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Mayor
Date: /-/2 -P 2-
ATTEST: ,~ It ~--
City Clerk~
CITY OF SOUTH SAN RANC1SCO
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Date: /.2. 15lel
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CITY OF PALO ALTO
By: ~J14Date: '1/dXv
CITY OF SAN JOSE
Bl: ~y V""",1......u Date:I}h!~J
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ate: 3 -9-8,(,
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SANTA
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CITY OF SARATOGA
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BY:r 'I , ~.fltC c.,'C..K... t,~ ~
Da te :'~ f / t)---
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CITY OF DALY CITY
By: A",,~~~te:.s/0/82-
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By. ~ ~te:~
CITY OF BRISBANE
Bl.M jn".f~Date. ,~
SANTA CLARA COUNTY SANITATION
D1 TRI ~ j 4
7. Date: 12/9/81
CITY OF SAN MATEO
BY~I/.,~ Date:a--3-f2-
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CITY~ 1
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Date:q~(?<.~ (
h-it fO~EGOING l~lktJMtNi l~ A
:ORRECT copy OF THE ORIGINAL
ATTEST: QONAU) M. RAINS
CU!RK, BOARD L=.' RS
a~
Deputy Clerk
nATE: MAY 25 1982