CC Resolution No. 6792 ~ ~
RF50IAI~ON N0. 6792
A RESOIIlPION OF ZI-IE CrPY 0(ARJCIL OF Zi3E CITY OF QJPF~TIIJO
ALTTfiORIZING F~Q?rZON OF ANNIFNNDED JOINP PCX4g2S AC~2EII~'P
FbR F2~IAYEE REIATIONS SF~NICFS
WI-~s, an amesrded Joint Fbwers Agree~nent for Intergoverrm~ental
F]~loyee Relations Services has been presented to the City Council; and
i said agreement havir~g been approved by the City Manager ar~d the City
Attorney;
NOW, ~R4'ORE, HE TT R£SOLUED, that the Mayor arid tha City Clerk are
hereby authorized to execute the agree~nent herein refen~ed to in be2~alf of
the City of CUpertirio.
PASSID AND ADOFi~ at a regular meetir?g of the City Council of the
' City of CUpertino this 17th ~Y og March ~ 1986 by tha follawing vote:
, Vote Manbers of the Citv Crnzncil
AY£S: Gatto, Johnson, Plungy, Sparks, Rogera
N~~~ None
None
None
APPROVED:
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yor, City of Gvpert
ATPEST:
Ci Clerk
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Jor~~: notir~RS Act~e~~u:rri rox
' Ildfe.FGOJBRIdIdENPAL E41?LOYEC
~ Rf:LA'iIONS SElIVICES
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This is a joint powers ayreement between the executing ~lic ayencies and
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i such other puUlic agencies as may tx subseyuently added (hereinafter colleo-
~ tively referred to as "ttie parties").
WilEitEAS, the parties are "put~lic agencies" as that term is defined in
! California Govenu~ent Code Section 6500 dealiny with Joint Powers Agreemeuts;
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and
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W(iEREAS, the parties are activeiy involveci in e~rtployee relations unaer ap~ i-
ca51e provisiuns of t,`~z law; and
S~i3EREAS, the ~arties are possesseci of cotm~wu powers and autl~urity to collect,
ref:ne, analyze auc3 use iufvrination, research and assistance in their respec-
~ tive e~loyee relations; ancl
~ 4~kiEREAS~ the parties desire t~ wnsolidate certain i~iformation, researcn and
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~ assista~~ce functio~is aiid services in order to realize atte~iciant ecuuor~dc ancl
o~ratio~ial efficiencies.
I NGL~, THE1tt:E0itk;, the parties ayree as follows:
1. Yur se. ,ne purpose uf this ayreenent is to provide wformatiun, re-
search and assista~~ce necessary and relevant to the operatiou of the
respective employee relations of the parties.
2. Powers. :hc ~uers to ?,c: exercised l,y the parties are tl,ose express and
~ i~lied ~~ers under applicable provisions of law relating to and govern-
i ing e~loyee reiations of the respective parties, includiuy, but not
limiteci to, Lhe power to cullect, refine, analvze and use information,
researcti a~~ci assista~ice in the are~ oi ei~plopee relations.
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3. Ilethod. The methcxl of i~letr~ntiny the ~ove purposes an~ executiny the
above powers is to pruvide em~loyee relations services in accordance with
t~~e terrtis and couditions hereof through staff and facilities of the
County of Santa Clara, hereinafter referred to as "County". By this
agreement the parties do n~t create an agency or entity separate fron the
parties thet;~selves.
4. Present and Additional Parties. The public agencies executing this
agreet~ient by and throuyh their cespective authorized agents (PCesent
Parties) shall enjoy the rigi~ts and perf~rn the duties ~rescribed by the
terms a?xj conditio~,s hereof. Other pui,lic agencies subsequently added to
' this agreenei~t in accordance ~~ith the terris and conditions hereof tAdcli-
tional Parties) sLall becone and be ~arties to this ayreement on the
effective c3ate of such addition and shall t}~ereafter enjoy the rights and
perform ti~e duties reyuirecl in accordance witi~ the terttu an., conditions
hereuf. The worc3 "parties" as used iu this ayreemeut is intended to be
sfnotiyrous witii the tern~s "nelru~c" and "metwership".
5. Tern. Irres~ective uf the date or dates uf execution hereof ~1 present
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or additional parties, the term of this agrezm~.nt shall cotmnence July 1,
1985 and shall be automatically renewed on July 1 of each succee:3ing fis-
cal year.
A party intending to terminate ner~bership in tt~e succeediny tiscal year
s,~all yive writteu notice tu ti~at efiecr. 1•1ay l~. All ~arties sha11
provided advance notice in ti+riting of the pending deadline for termi~ia-
tiai no later than npril 15.
The above provisions shall not apply to any party whose leyislative L~ody
takes official action after May 15, to terminate participatio~~ under this
agreenent for the succeeding fiscal fear. [~otice uf any such actiun
shall be transmitted l~y the party to County within ten (lU) days of the
date un which it was taken. Ju~y terminatiun of this type occurriny after
July 1 shall cause the terminatiny party to remit to County a prorated
fee for basic services for the suLject fiscal year. :his amount shall be
based upon the party's current fee as deterrunea in accordance with Sec-
tion 7 of this ayreet~:nt and the total numl>er of days elapsing fron~
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~ July 1 through the date oii which notice of ternination is received b~
County. This period may be extended uy written agreement between County
and the terminaticiy party in order to provicle for the com~letion of
, requests for services in progress.
6. Executive Board. .
i a) The Executive Board shall function in the following tnanner:
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' 1) Each party to this agreement shall l~e allowed one (1) representa-
~ tive on the Board wt~o shall have the express authority to speak
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for and commit its principal on matters before the Board. Each
n~~Ger shall have oiie (1) vote.
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~ To the extent feasible, eact~ party shall also designate an alter-
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nate Who shall serve in the abse~ice or unavailability of its
regular representative.
2) By majority vote of the quorum, the members uf the Executive
Boar~ shall select a chairman airtl vice-chairman at its first
raeeting oL- the new fiscal year. The terns of such officers shall
exten~ fur at least the balance of that year. A vacancy in
; either office shall be filled for the balance uf the term uy
~~I majority vote of all parties to the ayreement.
3) :he Board shail iaeet as necessary to fulfill its fwictions, but
not less than once per year. :he frequency of and ayendas for
, such meetings shall be determinec] oy the chair~aan, or vic~
chairman, in consultation with staff.
Each Board member will receive advance notice of ineetings, to-
gether with an agenda of natters to be discussed.
' 4) A quorun of thirty percent (30B) shall be required in order for
' the Board to neet. Exce~t where otherwise provided in this
agreenent, 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 t3oard r,~etings
shall be r,~intained and distributed to all parties to this agre~
ment.
b) The Executive Board shall have the following functions:
1) To establish priorities in ti~e performance of services in the
event that requests for such services create conflicts as to
timely a?~d efficient per£ormance. Staff or any party to t'..~
agreement may seek and obtain such a determination.
2) To establish policy yuidelines concerniny the subscription of
additional parties to this agreement and the offering of services
and ~roducts to non-parties pursuant to Sections 4, 13 and 15 ot
this agreement.
3) To insure the full cooperation of all parties in accordance with
Section 1G of this agreement.
4) To adopt the fiscal year operating budget governing services ~ro-
vided unc3er this agreeu~ent.
5) To c3etermine the salary of the llirectur, t~iloyee Relations Ser-
vice, or successor title, subject to the approval of the Hoarc~ of
Supervisors of the County.
G) To assurie such other functions as are expressly deleyated to it
in accordance with other sections of the agreerient.
c) ;he Executive Board shall have no power to alter, amend, modify or
terminate this ayceement except as expressly deleyated to it in
accordance with other sections of tl~is ayreement.
d) The Executive Board sliall 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 tne clerk or seccetary of each
party.
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' e) In order to expedite the conduct of business not requiring a rneeting
~ of the full Executive Uoard, the Board may delegate its powers to a
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' manayerient com~ittee. Excepted fror~i this deleyation of pow~rs is the
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authority to:
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1) Adopt the budget.
~ 2) Make changes in services or the fee scheciule.
~ 3) Obligate the parties financially in any way.
~ 4) Select the Chairman, Vice-Chairman and nembers of such ~~anagement
' cor,~nittee.
:hese powers shall be exercised only by the Executive Doard.
7. Fee Schedu:e for f9asic aud Special Services. ,he Executive Board shall
set fees for Uasic services Gaseci upon nur~er of er~loyees, nwnber of
er,~loyee oryanizations and such other factors as the Executive k3~arc1
dee;na necessary. The IIoard shall also set fees for special services as
necessary. Such actions of the Executive Boar~ shall be final and
binding.
t7Lere an action of the Executive Board serves to nodify the fee scl~~edule
for basic services duri~~y a fiscal year, a member may withdraw r~eml~ership
within thirty (30) days fron the effective date of tlie ~nodification. ~he
nertber shall provide writte?~ notice to this effect to tlie Countp and
shall be provided a pro rata refund of the fee for basic services paid by
that agency for the fiscal year. ~his refund shall be based upon the
nurN>er of calendar days remaining in the current fiscal year. 'Ptiis ~eri-
od for withdrawal shall be in addition to those set forth in 5ection 5 of
this agreer,~ent.
8. Cor,mitment an~ Linitation o~ Fmids. Eacti pacty shall pay a mininum con-
tributioii under this agreement equal to the fee for basic services estal~-
lished pursuant to Section 'I. No party t,ereto :~hall be charge~i or liable
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! for fees for services provided hereunder for an~ amount in excess oE the
. party's miniraum co~aitr~nt except as it otherwise r~uests and receives
( special services iri accordance with this agreement.
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; The parties expressly assume that additional revenues Nill 1>e yenerated
f throughout each fiscal year of this ayreement to cover the full operatin9
~ expense of the program, said reveiiues to i~e derived from fees for special
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services provided to the parties anc]/or services provided to non-parties
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in accordance with Section 15 of this agreement.
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9. County Obligations. County shall:
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~ a) Hire and retain staff to provide the basic arid special services here-
inafter described.
~ b) Maintain accounting and fiscal records in accordance with customary
accountiny proceduces, all in accordance with accepted accour?ting
practices used by the Controller of the County of Santa Clara so as
to accurately reflect all reve~i~es deriveci and direct costs incurred
under this agreerient.
c) Provide the t>asic and special services hereinaftec descrit~ed to the
parties suLject to the staffiug and fiscal limitations antici~ateci
ai~d agreed to by the parties pursuant to this ayreement.
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i 10. Hasic Services to be Provided. Eacn party hereto shall be entitled to
I the following services:
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( a) A compensation survey iricluding all inembers and up to fifteen (15)
~ non-member public agencies located withir~ the counties of Alameda,
; Contra Costa, San i•fateo and Santa Clara. ihis survey shall include;
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~ 1) Yrevailing salaries for 14 ju~ fanilies.
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~ 2) Prevailing frinye t~enefit levels for 18 individual l~enefits.
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3) Baryainitig unit structures of the surve~+ agencies, includi~iy in-
formation regarding the expiration clates of existing agreements
and next know~i salary adjustments.
Ttiis survey sliall Ue published annually so as to neet 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 16-hour
linit per party in each fiscal year.
~,~~ere the co~ensation survey described iu (a) above does not produce
any salary information applicable to an employee organization repre-
sentiny non-management er~loyees and for whic~~ a fee is assessed a
party in accordance with Section 7 vf this agreemeut, that party
shall receive an additional survef allotment of five (5) hours for
each such employee organization.
This additional allotment shall be provided without additional charge
to the party or deduction fcom the party's 16-hour allotment as
described above. It shall only apply to the erq~loyee organization
for wliich no salarf data is provided in the cor.ipensatia~ ~urvey.
Excei~t as otherwise provided in tt,is ayreement, neither the 16-hour
allotment nor the special supplement nay be carried over to a suc-
ceedu~g fiscal year nor applied toward any other basic or special
prograra service.
c) Completion of the annual campensation survey (Series Report) con-
ductec] by tne County Supervisocs Association and cor.~letion of the
annual cort~ensation survey conducted by the League of California
Cities. Any city or county party to this agreement may elect to
waive the corq~letion of the League uf California Cities survey and
receive an allotment of three (3) hours per fiscal year for applica-
tion to any special service as defined in Sectioii 11 of this agree-
ment. Such hours shall not be cumulative. irrespective of how many
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parties may elect the afurementionecl option, staff shall continue to
functio» as the data coordinator for the survey on l~ehalf uf all par-
ties.
d) Research of labor litigation arisiny under the Meyers-Milias-Brown
Act and under related labor relations statutes sucli 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" containiny corr~ensation information for
both management and na~-management classifications which shall be
available to all members at all times. :his information would in-
clude, as appropriate, salaries, frinqe benefit~, staffing levels,
organizational information a?id class specifications.
g) Development of a"data bank" containin9 information on bargaining
settlenents and trends among local public jurisdictions and, where
appropriate, other public agencies and industry within the State of
California. This infori~+tion shall be available to all mernbers at
all ti~~s.
h) Assistance in contract negotiations and administration over and above
the developnent oi settleneut data. 2his Nould include providiny
meanbers with copies of agreenents, agree~~ent excerpts on subjects
selected b~ the r,~ember a~d consultation reyarding negotiations or
yrievance issues. Where the aforementioned consultation entails the
review of a party's existing ayreements, the review of ertq~loyee or-
ganization da~nands on that party or the revieN of counter-proposals
nade by the party ancl/ or its errployee organizations, staff time so
expended shall be charged against that party's 16-hour allotment for
sup~lenental survey services. In no event, however, shall such [e-
vie~~ entail the preparation of formal, written naterial without the
assessment of a fee for s~ecial services i~~ accordance witi~ Section 7
of this agreer,ient.
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' i) Consultation regardiny issues and questions arisiny under persainel
rules and er~loyee relatious regulations. This service shall not in-
, clude the review of con~plete sets of rules, the development of rules
or on-site cun~ultation. Such services may be provided as special
~ services.
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~ j) Development of information regardin9 arbitrators, fact-finders and
riediators.
k) Conducting workshops on topics of particular significance. ihis ser-
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I vice shall not entail additional fees except as to meet costs for use
i of outside neeting facilities and/or s~ealcers.
~ The Executive Board may add, delete or modify the basic services provided
~ under this agreement.
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11. Special Services Availa~le. Special services available to the parties
include, but are not limited to the followiny:
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~ a) lhe c~evelopr,xnt of corQe~isation data over anc3 above the allotments
~ for survey services set furth iu Sectiou 10(~) of this agreement.
b) Consultation on contract negotiations and adninistration not covered
under Section 10 as a L,asic service, and direct participation in
~ either c,rontract neyotiations or adninistration.
c) Consultation reyarding perso~uiel rules and et~loyee relations regula-
tions not covered as basic services under Section 10 of this agree-
ment, and the development of specific sections or co~lete sets of
~ such rules.
I d) Conducting classification studies.
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~ e) Conducting special studies on any appropriate labor celations matter
I which i}ay be requested by any one or uiore party.
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1"l. 1•tanner of Pay~x:nt. The ~ounty snall cor,~ute the fee for basic services
payable under this agreement and shall promptly subnit a statetnent there-
for to each garty. Statea~ents for special services renderecl to parties
pursuant to this agreement shall be rendered r~untt~ly or upon co?~letion
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 t~ initiate legal proceedinys tu collect any fees or
penalties due uiider this agreenent, the Cow~ty shall be entitled to
attorney fees and court costs for such litiyation.
13. Additional Parties. Other pu~lic agencies may l~ecor,n: additional parties
( to this ayreer~xnt ~y executii~y an ayreene~it with ~ounty for aiid on behalf
~ of all parties to be bouiid by ti~e terms and conditions of this ayreement
~ arid deliveriny sane to County accor~anied b,+ the full fee for basic ser-
~ vices for such local agency.
i The fee for basic services applicable to agencies t~ecoiiing additional
parties subsequent to July 1 of any fiscal year may be sul,ject to pro-
' ration in accordance Nith policy establisned by the Executive kioard.
14. ConEi~ential Inforrtiation - Copyriyhts. Each party sliall kee~ confi~eir
tial all written materials provided pursuant to this agreement bearing a
notation that the sa~;ie is "~onfidential". 'i'his shall not preclude a
party ~rom such linited reprai~ctioi~ and ~istriLuti~n of such written
n~aterials within its own age~icy as is reyuired for such pact~'s et;q~loyee
relation:, purposes; noc shall it preclude a party fron using the clata
pruvided in such written naterials for its own erployee relations
purposes or for purposes of cliscussing same with other laarties to this
agreenent. Neither the confidential written material provided pursuant
to this agreement nor ttie data contained therein sl~all be reproduce~l,
distributed or divulged save and except as otherwise allowed by this se~
tion and then only consistent with the tern~s and conditions uf this
agreement to provide employee relations services to tiie parties to this
agreenent. County t~iay copyright in its name, for and ~n Uehalf of all
parties to this agreement, any publication pra3ucc.~c3 as a result of this
agreerient; provided, that such copfriyhte~i r,iaterial shall ue available
free of charge or at mininai cost to the parties.
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15. Services to IJon-Yarties. 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 charged a
party heretu; and provided further that, where appropriate, such non-
party enters into an appropriate written agreer,ient with the County for
and on behalf of the parties. Services may also be provided to private
oryanizations 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 t~est efforts consis-
tent with tne fiscal limitations l~erein to Yerform as required herein,
subject to reasonable availability of reyuired data. The parties shall
cooperate witt~ each otlier and with County actiny on behalf of all in pro-
viding information required for performance under this agreement.
The Executive IIoard may establish and ir~ose penalties, includiny expul-
sion, on any party failing to co~ly with the terms of this agreenent.
17. Contract Liability - Indemnitication. Each party will assune all risks
associated with its use of services ~rovided by the County pursuant to
this agreement and shall indemnify, hold harmless ai~d defend the County
and all other parties to the agreement fron all claims for money or darr
ages arising from errors or omissions of the County or other parties to
this agreement when providiny ert~loyee relations services ior the party
pursuant to Section 3 of this agreer~~ent.
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 ayreement. If a
surplus in revenues derived remains at the termination of this agreer,ient,
County shall refund such surplus to the parties on a pro rata basis de-
termined 'uy their respective payments for basic services hereunder. In ~
' reliance u~n the fiscal accountability of the Cuntcoller of the County
of Santa Clara and his official bond, the parties expressly waive any
separate bond Uy Com~ty undec this agree:ment.
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19. Affect of Amenc~nents to Agreement. In ar~endiny this ayreement, the par-
ties do so without prejudice to any party's position concerning the inean-
ing or interpretation of any provision of tlie agreement prior to amend-
ment.
20. Termination. flotwithstandiny any other provisions of this agreement,
County enters into this agreement on the express conditioi~ that the ser-
vices of the Director, II~loyee Relations Service, or successor title,
will be available to County as an ertployee or contractor of Cow~ty; arid
County retains the sole option to terminate this agreement if for any
reason the Director's services otherwise ~econe unavailable tu County;
provided, that Uefore 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 ~arty the surplus, if any, in accor-
dance with Section 18 hereof.
IN WITNESS W1~EREOF, the below designated present parties have executed this
agreement by and through their respective authorized agents on the dates set
forth below.
CITY OF BRISBANE CITY OF CAt+II~BELL
By: Date• ' ~-By: Date• ,
CITY OF DURLINGAI~fE CITY OF CUPERTINO
By: Date• By: Date•
1986 Joint Pa,~ers Aqreei~ for • 13
Intergoveriunental loy'~e-Ftelations Services
Signature Page, Continuecl
CITY OF DALY CITY TOSJN OE LOS GATOS
By• Date• By• Date•
CITSt OF FOSPER CITY CITY OF MILLBRAE
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' BY: Date• By• Date•
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CITY OF GILROY ~ CITY OF MILPITAS
By: Date• By: Date•
CITY OF LNFRMORE CITY OF I+IJRGAN EIILL
By: Date• By: Date•
CITY OE IAS ALipS CIi'Y OF MOUNTAIN VIE44
By: Date• By: Date•
19a6 Joint Powers A rec~n - for • 14
Intergoverrunental F1~loy lations Services
Sic~ature Page, Continueci
CITY OF PALO ALTO COUNPY SANITATION DISTRICT N0. 4
By• Date• By: Date•
CITY OE SAN JOSE SANrA CLARA VALLEY FF~TER DISiRICT
BY' Date• By: Date•
CITY OF SAN MATEO CITY OF SARATOGA
By: Date• By: Date•
CITY OF SANTA CI.ARA CITY OF SOUTH SAN FRANCISCO
BY' Date• By: Date:
. _ ~
COUIiTY OF SANPA CIa1RA CITY OE SUt7NYVALE
Date• f3y: Date•