HomeMy WebLinkAbout1986 Joint Powers Agreement
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JOINT romRS AGREEHENT FOR
INI'ERGOJERNHENTAL ENPLOYEE
RELATIONS SERVICES
This is a joint powers agreement between the executing public agencies and
such other public agencies as may be subsequently added (hereinafter collec-
tively 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 Agreements;
and
WHEREAS, the parties are actively involved in employee relations under appli-
cable provisions of the law; and
WHEREAS, the parties are possessed of conunon powers and authority to collect,
refine, analyze and use inforr~tion, research and assistance in their respec-
tive employee relations; and
WHEREAS, the parties desire to consolidate certain information, research and
assistance functions and services in order to realize attendant econonu.c and
operational efficiencies.
NOW, THEREFORE, the parties agree as follows:
1. Purpose. The purpose of this agreement is to provide information, re-
search and assistance necessary and relevant to the operation of the
respective employee relations of the parties.
2. Powers. The powers to be exercised uy the parties are those express ~ld
implied powers under applicable provisions of law relating to and govern-
ing employee relations of the respective parties, including, but not
limited to, the power to collect, refine, analyze and use information,
research and assistance in the area of employee relations.
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3. Hethod. The method of inplementing 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
Cour!ty 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
agreeraent 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 hereof (Addi-
tional Parties) shall become and be parties to this agreement on the
effective date of such addition and shall thereafter enjoy tile rights and
perform the duties required in accordance with the terms and conditions
hereof. The word "parties" as used in this agreement is intended to be
S'jnonynous with the terms "member" and "membership".
5. Term. Irrespecti ve of the date or dates of execution hereof by present
or additional parties, the term of this agreement shall commence July 1,
1985 and shall be automatically renewed on July 1 of each succeeding fis-
cal year.
A party intending to terminate membership in the succeeding fiscal year
shall give written notice to that effect by May 15. All parties shall be
provided advance notice in writing of the pending deadline for termina-
tion no later than April 15.
The above provlslons 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 yeur. This amount shall be
based upon the party's current fee as determined in accordance with Sec-
tion 7 of this agreement and the total number of days elupsing from
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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 conpletion of
requests for services in progress.
6. Executive Board.
a) The Executive Board shall function in the following manner:
1) Each party to this agreement shall be allowed one (l)representa-
tive 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 ~1 alter-
nate who shall serve in the absence or unavailability of its
regular representative.
2) By majority vote of the quorum, the members of the Executive
Board shall select a chairman and vice-chairman at its first
raeeting 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) 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 chainllan, or vic~
chairman, in consultation with staff.
Each Board member will receive advance notice of meetings, to-
gether with an agenda of matters to be discussed.
4) A quorUIi1 of thirty percent (30%) shall be required in order for
the Board to Qeet. Except where otherwise provided in this
agreement, a majority vote of the quorum is required for the
Board to take action.
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5) A written record of all business conducted at Board meetings
shall be maintained and distributed to all parties to this agree-
ment.
b) The Executive Board shall have the following functions:
1) To establish priorities in the performance of services in the
event that requests for such services create conflicts as to
timely and efficient perfornance. staff or any party to the
agreement nay seek and obtain such a determination.
2) To establish policy guidelines concerning the subscription of
additional parties to this agreement and the offering of services
and products to non-parties pursuant to Sections 4, 13 and 15 of
this agreement.
3) To insure the full cooperation of all parties in accordance with
Section 16 of this agreement.
4) To adopt the fiscal year operating budget governing services pro-
vided under this agreement.
5) To determine the salary of the Director, Employee Relations Ser-
vice, or successor title, subject to the approval of the Board of
Supervisors of the County.
6) To assume such other functions as are expressly delegated to it
in accordance with other sections of the agreement.
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.
d) The Executive Board shall adopt rules for the conduct of its business
consistent with this agreement and with all applicable laws. A copy
of said rules shall be filed with the clerk or secretary of each
party.
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e) In order to expedite the conduct of business not reqUlrlng a meeting
of the full Executive Board, the Board may delegate its powers to a
management committee. Excepted from this delegation of powers is the
authority to:
1) Adopt the budget.
2) Make changes in services or the fee schedule.
3) Obligate the parties financially in any way.
4) Select the Chairman, Vice-Chairman and members of such management
committee.
These powers shall be exercised only by the Executive Board.
7. Fee Schedule for Basic and Special Services. The Executive Board shall
set fees for basic services based upon number of enployees, number of
employee organizations and such other factors as the Executive Board
deems 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 withdraw membership
within thirty (30) days from the effective date of the J(odification. 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. 7his refund shall be based upon the
number of calendar days remaining in the current fiscal year. This peri-
od for withdrawal shall be in addition to those set forth in Section 5 of
this agreement.
8. Commitment and Limitation of Funds. Each party shall pay a minimum con-
tribution under this agreement equal to the fee for basic services estal.>-
lished pursuant to Section 7. No party hereto shall be charged or liable
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for fees for services provided hereunder for any amount in e~cess of the
party' s minim~ commitment except as it otherwise requests and receives
special services in accordance with this agreement.
The parties expressly assume that additional revenues will be generated
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 services provided to non-parties
in accordance with Section 15 of this agreement.
9. County Obligations. County shall:
a} Hire and retain staff to provide the basic and special services here-
inafter described.
b} Maintain accounting and fiscal records in accordance with customary
accounting procedures, all in accordance with accepted accounting
practices used by the Controller of the County <?f Santa Clara so as
to accurately reflect all revenues derived and direct costs incurred
under this agreement.
c} Provide the basic and special services hereinafter descr ibed to the
parties subject to the staffing and fiscal limitations anticipated
and agreed to by the parties pursuant to this agreement.
10. Basic Services to be Provided. Each party hereto shall be entitled to
the following services:
a} A compensation survey including all members and up to fifteen (15)
non-member public agencies located within the counties of Alameda,
Contra Costa, San Hateo and Santa Clara. This survey shall include:
l} prevailing salaries for 14 job families.
2) Prevailing fringe benefit levels for 18 individual benefits.
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3) Bargaining unit structures of the survey agencies, including in-
formation 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.
b)
Supplemental survey information from within the State of California
over and above that provided under a) above, subject to a l6-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 organization repre-
senting non-management employees and for which a fee is assessed a
party in accordance with Section 7 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 l6-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 l6-hour
allotment nor the special supplement may be carr ied over to a suc-
ceeding fiscal year nor applied toward any other basic or special
program service.
c) Completion of the annual compensation survey (Series Report) con-
ducted 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
wai ve the completion of the League of California Cities survey and
receive an allotrnent of three (3) hours per fiscal year for applica-
tion to any special service as defined in Section 11 of this agree-
ment. Such hours shall not be cumulative. Irrespective of hO\v many
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parties may elect the aforementioned option, staff shall~continue to
function as the data coordinator for the survey on behalf of all par-
ties.
d) Research of labor -litigation ansl.ng under the f.leyers-Milias-Brown
Act and under related labor relations statutes' such as the National
Laoor 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 information for
ooth management and non-management classifications which shall be
available to all members at all times. This information would in-
clude, as appropriate, salaries, fringe benefits, staffing levels,
organizational information and class specifications.
g) Development of a "data bank" containing information on bargaining
settlements and trends aJOOng local public juriSdictions 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
grievance issues. Where the aforementioned consultation entails the
review of a party's existing agreements, the review of employee or-
ganization demands on that party or the review of counter-proposals
made by the party and/ or its employee organizations, staff time so
expended shall be charged against that party's l6-hour allotment for
suppleIllental survey services. In no event, however, shall such re-
vie\/ entail the preparation of formal, written I'ilaterial without the
assesSlllent of a fee for special services in accordance with Section 7
of this agreeIllent.
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i) Consultation regarding issues and questions arising under personnel
rules and employee relations regulations. This service shall not in-
clude 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 ser-
vice 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.
11. Special Services Available. Special services available to the parties
include, but are not limited to the following:
a) The development of corrpensation data over and above the allotments
for survey services set forth in Section 10{b) of this agreement.
b) Consultation on contract negotiations and administration not covered
under Section 10 as a basic service, and direct participation in
either contract negotiations or administration.
c) Consultation regarding persormel rules and employee relations regula-
tions not covered as basic services under Section 10 of this agree-
ment, and the development of specific sections or complete sets of
such rules.
d) Conducting classification studies.
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e) Conducting special studies on any appropriate labor relations matter
which may be requested by anyone or luore party.
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12. Manner of Payment. The County shall corrpute the fee for basic services
payable under this agreement and shall promptly submit a statement there-
for to each party. Statements for special services rendered to parties
pursuant to this agreement shall be rendered rronthly or upon completion
of said services, whichever occurs sooner. All statements shall be paid
to County no later than thirty (30) days after receipt.
If it is necessary to initiate legal proceedings to collect any fees or
penalties due under this agreement, the County shall be entitled to
attorney fees and court costs for such litigation.
13. 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 ser-
vices for such local agency.
The fee for basic services applicable to agencies. becoming additional
parties subsequent to July 1 of any fiscal year may be subject to pro-
ration in accordance with policy established by the Executive Board.
14. Confidential Information - Copyrights. Each party shall keel? confiden-
tial all written materials provided pursuant to this agreement bearing a
notation that the same is "confidential". This shall not preclude a
party from such limited reproduction and distribution of such written
materials within its own agency as is required for such party's er.~loyee
relations purposes; nor shall it preclude a party from using the data
provided in such written materials for its O~1 employee relations
purposes or for purposes of discussing same with other parties to this
agreer.lellt. Neither the confidential written material provided pursuant
to this agreement nor the data contained therein shall be reproducell,
distributed or divulged save and except as otherwise allowed by this se~-
tion and then only consistent with the terms and conditions of this
agreement to provide employee relations services to the parties to this
agreement. County flay copyright in its name, for and un 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 mini~l cost to the parties.
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15.
Services to Non-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 than the fees which would be charg'ed 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. Services may also be provided to private
organizations in accordance with policy established by the Executive
Board and consistent with the provisions of this section.
16.
Agency Cooperation. County shall act as agent for and on behalf of the
parties pursuant to this agreement and shall use its best efforts consis-
tent 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 pro-
viding information required for performance under this agreement.
The Executive Board may establish and impose penalties, including expul-
sion, on any party failing to comply with the terms of this agreement.
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17. Contract Liability - Indemnification. Each party will assume all risks
associated with its use of services provided by the County pursuant to
this agreement and shall - indemnify, hold harmless and defend the County
and all other parties to the agreement from all claims for money or d~
ages arising from errors or omissions of the County or other parties to
this agreement when providing employee relations services for the party
pursuant to Section 3 of this agreement.
18. Fiscal Responsibility. Upon the termination of this agreement, County
shall render a final accounting to parties accurately reflecting 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 de-
termined by their respecti ve payments for basic services hereunder. In
reliance upon the fiscal accountability of the Cuntroller of the County
of Santa Clara and his official bond, the parties expressly waive any
separate bond by County under this agreement.
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19. Affect of Amendments to Agreement. In amending this agreement, the par-
ties do so without prejudice to any party's position concerning the l~an-
ing or interpretation of any provision of the agreement prior to amend-
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ment.
20. Termination. Notwithstanding any other provlslons of this :agreemen~,
County enters into this agreement on the express condition that the ser-
vices of the Director, ElTployee Relations Service, or successor title,
will be available to County as an enployee or contrac.tor of County; and
County retains the sole option to terminate this agreement if for any
reason the Director's services otherwise OeCOIi'le 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 accor-
dance with Section 18 hereof.
IN WITNESS WHEREOF, the
agreement by and through
forth belm;.
below designated present parties have executed this
their respective authorized agents on the dates set
CITY OF BRISBANE
CITY' OF CAMPBELL
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3/18/86
CI TY' OF CUP ERI'INO
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. 1986 Joint PoNers Agreement for 13
.. Intergovernmental Employee Relatic:ns Services
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