04. JPA Employee Relations Service (BAERS)HUMAN RESOURCES
CUPERTItVO
CITY HALL, DEPARTMENT OF ADMINISTRATIVE SERVIGES
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3227 • FAX: (408) 777-3109
SUMMARY
Agenda Item No. f
SUBJECT AND ISSUE
Meeting Date: August 19, 2008
Authorize the City Manager to execute a joint powers agreement to rejoin the Bay Area
Employee Relations Service (BAERS).
BACKGROUND
BAERS is a joint powers authority of 38 public agencies that provides salary and benefit cost
information through a shared database. By pooling resources, BAERS offers an accurate and
efficient means of surveying total compensation costs for commonly used job classifications
with other public agencies in Santa Clara County and the greater Bay Area.
Following the ratification of three-year labor agreements in 2047, Cupertino withdrew its
membership from BAERS for cost savings. The continuing trend of baby boomer retirements
from Cupertino and the surrounding public sector labor market has significantly increased
recruitment activity and renewed the City's need for the comparative compensation data
provided through BAERS.
FISCAL IMPACT
The fiscal year 2008/09 BAERS membership cost for Cupertino is $6,950 which is included in
the current Human Resources budget.
RECOMMENDATION
- Authorize the City Manager to execute the attached BAERS joint powers agreement.
Submitted by: Approved by:
~~
Sandy Abe David W. Knapp
Human Resources Director City Manager
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Rev. 07/24/08
JOINT POWERS AGREEMENT FOR
THE BAY AREA EMPLOYEE RELATIONS SERVICE
TABLE OF CONTENTS
RECITALS..._...»».......»......»..»............»......»»......».....»...........»...» .............................»....»..........».......» 1
AR'T'ICLE 1-DEFINITIONS..».........».»...» ...................»..............._...».................»..».............................. 2
ARTICLE 2-PURPOSES...» ..............»...».»....................»............»..............................................»...»....... 2
ARTICLE 3-PARTIES TO THE AGREEMENT.....»»....»......»..»»............».».».........»..........».».......... 2
ARTICLE 4- POWERS OF THE BAY AREA EMPLOYEE RELATIONS SERVICE .............»..».... 3
ARTICLE 5- METHOD BY WffiCH THE PURPOSE OF THE AGREEMENT WILL BE
ACCOMPLISHED ..»............_.».»»........» ....................................».».............................»............»............. 3
ARTICLE 6- BOARD OF DIRECTORS.._...» .................................»............»............»....»......»............. 3
ARTICLE 7- POWERS OF THE BOARD OF DIRECTORS...»...»..»..._...»...».........»..».».....»..».....» 3
ARTICLE 8-MEETING OF THE BOARD OF DIItEC'TORS.......»..»»..........»...».»..........»..._»..»...». 4
ARTICLE 9-MANAGEMENT COIVIlNITTEE..» .............»..................»...»...........».............»»...»..»..._. 5
ARTICLE 10-POWERS OF THE MANAGEMENT COM14'IITTEE.......».......» ..............................•--.. 5
ARTICLE I1-MEETINGS OF THE MANAGEMENT COMMITTEE...»»..»»........._..._..»».»»..»».» 6
ARTICLE 12-OFFICERS OF BAERS»».......».»».»..»..........»............»..»...»......._ ..................»».»....»... 6
ARTICLE 13-ACCOIINTS AND RECORDS..........._ ..................»».»».....»...»...»..........»........»..»........ 7
ARTICLE 14-RESPONSIBILITY FOR MONIES ...»...»...........»..».»»........._....»...».....»........»..»........ 7
ARTICLE 15-RESPONSIBIT.I'TTES OF BAERS ».»...»»....».»....»........»..»»....»»...._.».........».........».» 8
ARTICLE 16- RESPONSIBILITIES OF THE MEMBERS.....»..».»....»....».»......_..-._.......»».........»... 8
ARTICLE 17-NEW MEMBERS »...»».»..».......»..........._...._ .................»»..........»......».........-•--•----.......10
ARTICLE 18-LIABILITY _...»...»...» ............................»................_._................».........»...................._.10
ARTICLE 19-WITHDRAWAL........»....»........» .............».».....».»............»....».»......»».».».».».»..»..».. 11
ARTICLE 20- EFFECT OF WITHDRAWAL........»».......»....»......»».....»».._.._.......»»..»....» .............11
ARTICLE 21-CANCELLATION...»...».......»......_._ ...............»...»...»..»...»...........»..........»...».............11
ARTICLE 22-TERMINATION AND DISTRTBUTION.......».»..»...»...» .................._._.........»............11
ARTICLE 23-PROVISION FOR BYLAWS AND MANUAL ................»....»....».»».».».».»»»~....-.»_ 12
ARTICLE 24-NOTICES»».......» .............».....».»....»...............»...»...»....................»..»...».».»».......»...» 12
ARTICLE 25-AMENDMENT..»...»..»»..........»......»».....»».....»..».......»...».......»......_......»....»...».».».. 12
ARTICLE 26-SEVERABTLTTY ...»».»»..».»...» .................».........»..»....»..»..........»......................»..»...13
ARTICLE 27-ARTICLE HEADINGS...»».».......»..»..»»......».»..»........».»............_ .............»».»_..»_..13
ARTICLE 28-TERM OF AGREEMENT».»_._..._....».»....»».........._..._...»..»...».»».........»....»..».......13
ARTICLE 29-FULL AGREEMENT......._..»........» ............._.......»...»»..........»..........................-•--------» 13
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BAERS AGREEMENT
Rev. 07/24/08
JOINT POWERS AGREEMENT FOR
THE BAY AREA EMPLOYEE RELATIONS SERVICE
This agreement is made and entered effective the date of execution, by and among the
public entities organized and existing under the Constitution or laws of the State of
California, hereinafter collectively referred to as "Members" or "Parties" and individually
as "Member", which are parties signing this Agreement.
RECITAT,S
Whereas, California Government Code Section 6500 et seq. provides that two or more
public agencies may by agreement jointly exercise any power common to the contracting
parties; and
Whereas, the parties are public agencies as that term is defined in California Government
Code Section b500 dealiuZg with Joint Powers Agreements; and
Whereas, each of the parties to this Agreement are actively involved in employee
relations; and
Whereas, the parties have common powers and authority to collect, refine, analyze and
use information, research and assistance in their respective employee relations; and
Whereas, each of the parties to this Agreement desires to join together with the other
parties for the purpose of consolidating confidential information, research, and assistance
functions and services in preparation for and use for labor negotiations and other
authorized uses, in order to realize economic and operational efficiencies.
Whereas, the name of the Intergovernmental Employee Relarions Service has been
changed to Bay Area Employee Relations Service to reflect the expanded membership
base of the nine bay area counties,
Now, therefore, for and in consideration of all the mutual benefits, covenants and
agreements contained herein, the parties hereto agree as follows:
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BAERS AGREEMENT
Rev. 07/24/08
ARTICLE 1-DEFINITIONS
The following definitions shall apply to the provisions of this Agreement:
(a) Agreement shall mean the Joint Powers Agreement for the Bay Area
Employee Relations Service.
(b) BAERS shall mean the Bay Area Employee Relations Service.
(c) Board of Directors or Board~shall mean the governing body of the Bay
Area Employee Relations Service.
(d) County shall mean the County of Santa Clara.
(e) Management Committee shall mean the Management Committee of the
Bay Area Employee Relations Service Board of Directors.
ARTICLE 2-PURPOSES
This Agreement is entered into by the Members pursuant to the provisions of the
California Government Code Secfion 6500 et seq. in order to consolidate information,
research and assistance functions and services in preparation for and use for labor
negotiations that are necessary and relevant to the operation of the respective employee
relations of the parties. By this Agreement,. the parties do not create an agency or entity
separate from the parties themselves
The method of implementing these purposes and executing these powers is to provide
employee relations services in accordance with the terms and conditions hereof through
the staff and facilities of the County of Santa Clara.
ARTICLE 3-PARTIES TO THE AGREEMENT
Each party to this Agreement certifies that it intends to and does contract with all other
parties who are signatories of this Agreement and, in addition, with such other parties as
may Iater be added as parties to and signatories of this Agreement pursuant to Article 17.
Each party to this Agreement also certifies that the deletion of any party from this
Agreement, pursuant to Article 19 and 20, shall not affect this Agreement nor the intent
to contract as described above with the other parties to the Agreement then remaining.
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BAERS AGREEMENT
Rev. 07/L4/08
ARTICLE 4- POWERS OF THE BAY AREA EMPLOYEE RELATIONS
SERVICE
BAERS shall have the powers common to its Members and is hereby authorized to do all
acts necessary for the exercise of said common powers, including, but not limited to, any
or all of the following:
(a) To provide for the delivery of employee relations services through County
employees and at facilities of the County;
(b) To incur debts, liabilities or obligations in accordance with a duly
approved budget;
(c) To levy and collect fees and charges, including administrative and
operating costs, as provided by this Agreement or by law;
(d) To exercise all powers necessary and proper to carry out the terms and
provisions of this Agreement, or otherwise as authorized by law.
ARTICLE 5- METHOD BY WHICH THE PURPOSE OF THE AGREEMENT
WILL BE ACCOMPLISHED
BAERS shall provide for the delivery of employee relations services using employees of
the County and at facilities of the County.
ARTICLE 6- BOARD OF DIRECTORS
BAERS shall be governed by the Board of Directors which is hereby established and
which shall be comprised of one representative from each Member. Each Member shall
have one (1) vote. Each Member shall also designate an alternate who shall serve in the
absence of its regular representative. The alternate shall have the authority to attend,
participate in and vote at any meeting of the Board of Directors when the regular member
for whom he or she is an alternate is absent from said meeting.
ARTICLE 7- POWERS OF THE BOARD OF DIRECTORS
The Board of Directors shall have the following powers and functions:
{a) To establish priorities in the performance of services.
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BAERS AGREEMENT
Rev. 07/Z4/08
(b) To approve and adopt the annual fiscal year operating budget (July 1
through 3une 30) of BAERS.
{c} To receive and review periodic accountings of all funds under Article 13
and 14 of this Agreement.
(d) To have the power to conduct on behalf of BAERS all business of
BAERS.
(e) To elect from its Members pursuant to Article 9 of this Agreement, a
Management Committee to which it may delegate authority to make and
implement any decision that the Board is authorized to make under this
Agreement, except the following:
1. Action that would require an amendment to this Agreement, under
Article 25 herein;
2. Change in the fee schedule;
3. Action that would financially obligate the parties in any way,
except as set forth in Article 10;
4. Selection of the President, Vice-President and members of such
Management Committee.
(f} To review all acts of the Management Committee, and shall have the
power to modify and/or override any decision or action of the
Management Committee upon a majority vote of a quorum of the Board of
Directors, unless this would interfere with a legal obligation made by the
Management Committee and result in BAERS liability.
(g) To adopt Bylaws for the conduct of its business consistent with this
agreement and with all applicable laws.
(h) To have such other powers and functions as provided by this Agreement.
ARTICLE 8-MEETING OF THE BOARD OF DIRECTORS
(a) Meetings. The Board of Directors shall establish its regular meetings. It
shall hold at least two regular meetings annually, at a time and place
determined by the Management Committee. The Board may hold special
meetings as required.
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BAERS AGREEMENT
Rev. 07/24/08
(b) Minutes. BAERS shall keep minutes of regular and special meetings of
the Board of Directors and shall as soon as possible after each meeting,
forward a copy of the minutes to each member of the Board.
{c) Quorum. A maj ority of the members of the Board of Directors shall
constitute a quorum for the transaction of business. A vote of the majority
of those members present at a meeting shall be sufficient to constitute
action by the Board of Directors.
(d) Compliance with the Brown Act. All meetings of the Board of
Directors, including regular and special meetings, shall be called, noticed,
held and conducted in accordance with the provisions of the Ralph M.
Brown Act, California Government Code Section 54950 et seq.
ARTICLE 9-MANAGEMENT COMNIITTEE
{a) There shall be a Management Committee of the Board of Directors, which
shall consist of seven (7) members, one of which shall be the County.
Two of the members of the Management Committee shall be the President
and Vice-President. The other members of the Management Committee
shall be elected by the Board of Directors pursuant to the conditions and
terms provided in the Bylaws. The President of the Board of Directors, or
the Vice-President in his or her absence, shall also serve as the President
of the Management Committee.
{b) Compliance with the Brown Act. AlI meetings of the Management
Committee, including regular and special meetings, shall be called,
noticed, held and conducted in accordance with the provisions of the
Ralph M. Brown Act, California Government Code Section 54950 et seq.
ARTICLE 10-POWERS OF THE MANAGEMENT CONIlVIITTEE
The Management Committee of the Board of Directors shall have the following powers:
(a) To prepare the operating budget of BAERS for each fzscal year, subject to
review, modification and approval by the Board of Directors, as provided
for in Article 8.
(b) To receive and act upon reports of any sub- committee established by the
Board of Directors.
(c) To create Bylaws as necessary.
g 4-7
SAERS AGREEMENT
Rev. 0724/08
(d) To review new members for acceptance or rejection.
{e) To solicit performance feedback of BAERS on a regular basis and provide
the information to the County.
(f) In conjunction with a representative of the County, to establish annual
performance objectives for the Director, Bay Area Employee Relations
Service. The Management Committee shall annually evaluate the
performance of the Director, Bay Area Employee Relations Service
against the performance objectives established. The County shall consider
Management Committee input in the formal County performance
evaluation of the Director, Bay Area Employee Relations Service.
(g) In the event the position of Director, Bay Area Employee Relations
Service becomes vacant, the Management Committee and the County shall
jointly participate in the recruitment and selection process of a new
Director. The Management Committee shall make a hiring
recommendation to the County, which has the sole authority to select the
new Director, Bay Area Employee Relations Service.
(h) Have such other powers and functions as are provided for in this
Agreement or as delegated by the Board of Directors.
ARTICLE 11-MEETINGS OF THE MANAGEMENT COMMITTEE
The meetings of the Management Committee shall be held at least twice a year at a time
and date set by the President.
ARTICLE 12-OFFICERS OF BAERS
(a) President. The Board of Directors shall elect a President, to hold office
for aone-year term, except as hereinafter provided and until a successor is
elected. In the event the President ceases to be a member of the Board of
Directors, the resulting vacancy shall be filled at the next regular meeting
of the Board of Directors held after such vacancy occurs. In the absence
or inability of the President to act, the Vice President shall act as
President. Should the Vice President not be available, the Management
Committee shall name an Acting President who shall serve until the next
regular Board meeting. The President serves at the pleasure of the Board,
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BAERS AGREEMENT
Rev. 07/24/08
and receives no compensation for these services. Reasonable expenses
incurred on the Board's behalf are reimbursable.
(b) Vice President. The Board of Directors shall elect a Vice President, to
hold office for aone-year term, except as hereinafter provided and until a
successor is elected. In the event the Vice President so elected ceases to
be a member of the Board of Directors, the resulting vacancy shall be
filled at the next regular meeting of the Board of Directors held after such
vacancy occurs. In the absence or inability of the President to act, the
Vice-President shall act as President. The Vice President serves at the
pleasure of the Board, and receives no compensation for service.
Reasonable expenses incurred on the Board's behalf are reimbursable.
(c} Other. The Board of Directors may create other offices as needed
ARTICLE 13-ACCOUNTS AND RECORDS
(a} Annual Budget. The Board of Directors of BAERS shall adopt an annual
operating budget pursuant to Article 7 of this Agreement.
(b) Funds and Accounts. The County shall establish and maintain such
funds and accounts as may be required by good accounting practice and as
recommended by the Management Committee. Books and records of
BAERS shall be open to inspection, with reasonable notice, by
representatives from Member agencies.
(c) County's Fiscal Report. The County, within one hundred and twenty
(120) days after the close of each fiscal year, shall give a complete written
report of all financial activities for such fiscal year to the Board of
Directors and each Member.
(d} Periodic Audit. The County shall provide for an audit of the accounts
and records of BAERS every three years or more often as otherwise
directed by a simple majority the BAERS Board of Directors. The audit
shall meet the minimum requirements prescribed by the State Controller
for special districts by the California Government Code.
ARTICLE 14-RESPONSIBILITY FOR MONIES
(a) The County shall have the custody of and disburse BAERS funds
according to the policies and directions of the Board of Directors.
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BAERS AGREEMENT
Rev. 07/24/08
(b) The County shall assume the following duties described in California
Government Code Section 6505.5 including:
1. Receive and issue receipts for all money far BAERS and place it in
the County treasury in the account of BAERS;
2. Be responsible for the safekeeping and disbursement of all of
BAERS money so held by the County;
3. Pay any other sums du.e from BAERS only upon warrants signed
by the public officer performing functions of Controller; and
4. Report in writing, 15 days after the close of each fiscal quarter, to
the members the amount of money held for BAERS, the amount of
receipts since the last report, and the amount paid out since the last
report.
ARTICLE 15-RESPONSIBILITIES OF BAERS
BAERS shall perforce the following functions in discharging the responsibilities under
this Agreement:
(a) Develop and maintain a confidential Internet based database containing
employee relations data as set forth in the Bylaws for use by Members.
(b) Perform other special services as requested by individual Members related
to collection, refinement and analysis of data, and other such research and
assistance functions essential for labor relations as set forth in the Bylaws;
and
(c) Have such other responsibilities as deemed necessary by the Board of
Directors or Management Committee in order to carry out the purposes of
this Agreement.
ARTICLE 16- RESPONSIBILITIES OF THE MEMBERS
{a} Responsibilities. Each Member shall have the following responsibilities:
1. To appoint a representative and an alternative representative with
knowledge of the Member's labor relations to the Board of
Directors, pursuant to Article 6 of this Agreement.
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BAERS AGREEMENT
Rev. 07/24/08
2. Each Member shall appoint an employee to be responsible for
responding to requests for information, and to serve as liaison to
BAERS.
3. Each Member shall pay all fees in accordance with the fee
schedule, adopted annually pursuant to the Bylaws, including fines
that may be assessed for not meeting member obligations.
4. Each Member shall provide BAERS with information related to
salaries, benefits, labor settlement information as stated. in the final
Memoranda of Understanding and other data as may be necessary
for BAERS to carry out services provided under this Agreement.
5. Each Member shall comply with all bylaws, rules and regulations
adopted by the Board of Directors and Management Committee.
(b) Confidentiality. Each Member shall have access to all data and
information collected by BAERS in preparation for and during periods of
labor negotiations that are necessary and relevant to the operation of the
respective employee relations of the parties. Each Member agrees to treat
such information in confidence and for use only for the purposes
contemplated in the Agreement. A Member shall not release any of the
information to any entity or other parry except in the course of labor
negotiations or as consented to by the County. This shall not preclude a
Member from such limited reproduction and distribution of such
information within its own agency as is necessary for such Member's
employee relations activities, nor shall it preclude a Member from using
the information for purposes of discussing same with other Members. In
the event that a Member receives a California Public Records Act request,
subpoena, court order, or other legal document requiring release of the
information, or is informed that such document is being requested, the
Member shall notify the County in order to permit the County to review
the matter and provide a recommendation to insure uniform responses. In
its discretion, the County may seek a protective order or other similar
order. Members shall be responsible for maintaining effective procedures
and controls in respect to web site password security.
The Board may authorize BAERS to release data from the web site or
documents in its possession for sale to management officials of non-
member public jurisdictions with the understanding that the Liability
provisions in Article 18 shall apply.
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BAERS AGREEMENT
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,ARTICLE 17-NEW MEMBERS
With the approval of the Management Committee, new members may be added to
BAERS. Approval for new members shall be in accordance with the following
procedure:
(a} A public agency shall submit a letter of intent and application to the
County;
{b} The Management Committee shall review the application to determine
compatibility with the scope and purpose of BAERS.
Members entering under this Article shall become a party to this Joint Powers Agreement
and shall execute such documents as necessary, which shall be appended to this
Agreement.
ARTICLE 18-LIABILITY
Each party to this JPA Agreement assumes all risks associated with the use of services
provided by the County under Paragraph 2 of the Agreement, and will indemnify, hold
harmless and defend the County and all other parties to this Agreement from all claims
for money or damages arising from alleged errors or omissions of the County.
In lieu of and notwithstandingthe pro rata risk allocation which might otherwise be
imposed between the parties pursuant to Government Code Section 895.6, the parties
agree that all losses or liabilities incurred by a party shall not be shared pro rata but
instead the County and each Member of this Joint Powers Agreement agree that pursuant
to Government Code Section 895.4, each of the parties hereto shall fully indemnify and
hold each of the other parties, their officers, board members, employees and agents,
harmless from any claim, expense or cost, damage or liability imposed for injury (as
defined by Government Code Section 810.8) occurring by reason of negligent acts or
omissions or willful misconduct of the indemnifying party, its officers, board members,
employees or agents, under or in connection with the use by a party of any services or
data provided under this Agreement. No party, nor any officer, board member,
employee or agent thereof shall be responsible for any damage or liability occurring by
reason of negligent acts or omissions or willful misconduct of other parties hereto, their
officers, board members, employees or agents, under or in connection with or arising out
of the use by a party of any services or data provided under this Agreement.
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BAERS AGREEMENT
Rev. 0724/08
ARTICLE 19-WITHDRAWAL
A Member of BAERS may not withdraw as a party to this Agreement and as a member
of the BAERS for aone-year period commencing with the effective date of its
participation in BAERS. Following the one-year irrevocable commitment to the BAERS,
a Member may withdraw only at the end of the fiscal yeaz, provided it has given BAERS
at least three months written notice of its intent to withdraw from this Agreement.
ARTICLE 20- EFFECT OF WITHDRAWAL
The withdrawal of any Member from this Agreement shall not terminate this Agreement
and no Member by withdrawing shall be entitled to payment or return of any deposits,
any consideration of properly paid, or donated by the Member to BAERS, or to any
distribution of assets.
ARTICLE 21-CANCELLATION
BAERS shall have the right to cancel any Member's participation in BAERS for non-
compliance with the terms of the JPA upon athree- fourths vote of the entire Board of
Directors in a regular or special meeting of BAERS where a quorum is present, and with
at least 30 days written notice to the Member. Any Member so canceled shall, on the
effective date of the cancellation, be treated the same as if the Member had voluntarily
withdrawn from BAERS and may be subject to a prorated fee.
ARTICLE 22-TERA~IINATION AND DISTRIBUTION
(a) This Agreement may be terminated with
1. The written termination request ofthree-fourths of the Members,
tendered'at Ieast six months prior to the end of the fiscal year; or
2. T'he written termination request of the County, tendered at least six
months prior to the end of the fiscal year, and,
(b) In the event that this Agreement is terminated in accordance with Section
(a) of this Article, BAERS shall continue to exist for the purpose of
11 4-13
SAERS AGREEMENT
Rev. 07/24/08
disposing of any claims, distribution of assets and all other functions
necessary to terminate the affairs of BAERS.
(c) Upon termination of this Agreement, all property of the BAERS shall
become the property of the County, under the following terms:
1. Each Member shall be entitled to an electronic copy of the web-
based data created for BAERS.
2. Funds of BAERS shall be distributed among the Members in
accordance with and proportional to their base annual fee, as defined
in the Fee Schedule.
(d) The Management Committee is vested with all powers of BAERS for the
purpose of dissolving the business affairs ofBAERS. The decisions ofthe
Management Committee under this article shall be final.
ARTICLE 23-PROVISION FOR BYLAWS AND MANUAL
The Board shall cause to be developed Authority Bylaws to govern the operations of
BAERS. Each Member shall have electronic access to any Bylaws developed under this
Article.
ARTICLE 24-NOTICES
Notices to Members hereunder shall be sufficient if delivered to the administrative office
of the respective Member via first class mail, facsimile or electronic mail with receipt
confirmation.
ARTICLE ZS-AMENDMENT
This Agreement may be amended at any time by atwo-thirds vote of the full
membership of the Board of Directors, with the exception of an amendment to Article 22,
which shall require athree-fourths vote of the entire Board of Directors.
Signatures shall not be required on any such amendment by those Members, if any,
whose Director did not approve the amendment; however, such Members shall
nonetheless be bound by the amendment as if it were approved by all Members.
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BAERS AGREEMENT
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ARTICLE 26-SEVERABILITY
If any provision of this Agreement is found by a court of competent jurisdiction to be
void, invalid or unenforceable, the same will either be reformed to comply with
applicable law or stricken if not so conformable, so as not to affect the validity or
enforceability of this Agreement.
ARTICLE 27-ARTICLE HEADINGS
All section headings contained in this Agreement are for convenience and reference only.
ARTICLE 28-TERM OF AGREEMENT
This Agreement is effective on the date of execution by the parties and shall continue
until and unless terminated as provided in Article 22.
ARTICLE. 29-FULL AGREEMENT
The foregoing constitutes the full and complete Agreement of the parties. There are no
oral understandings or agreements not set forth in writing herein.
IN WITNESS WHEREOF, the parties hereto have first execated this Agreement by
authorized officials thereof on the date indicated below:
New Member Agency
Signature:
Title:
Date:
Approved as to form and
Title: ~~^ 7'~ ~ ~o I?A' Py
.._
Date: 7"-u ~,, 30 6 ~
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BAERS AGREEMENT
Rev. 07/24/08
Pursuant to actions by the County of Santa Clara. Board of Supervisors on June 8, 2004,
approving the foregoing agreement with local agencies for continuing participation in the
Bay Area Employee Relations Service and authorizing the County Executive to execute
BAERS Joint Powers Agreements, the following confirms execution of said Agreement
between and the County of Santa Clara.
[Agency Name
County of Santa Clara
Signature:
Title:
Date:
Approved as to form and legality:
By:
Title:
Date:
BAERS ]PA.REV072408
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2/Z4/OS
SAY AREA EMPLOYEE RELATIONS SERVICE
BYLAWS
These bylaws are adopted pursuant to Article 23 of the Joint Powers Agreement
for the Bay Area Employee Relations Service. Unless otherwise specified, the
definitions of terms in that Agreement shall also apply to these bylaws.
1. BOARD OF DII2ECTORS MEETINGS
The two regular meetings of the Board of Directors required in Article 8 of the
Agreement shall, unless otherwise determined by the Management Committee, be
scheduled in February and September of each year.
During the first meeting of the year, the Board shall elect officers for the
following fiscal yeaz and develop a budget and fee structure to be considered as
early as possible in the budget process for the next fiscal year.
During the second meeting of the year, the Boazd may consider adjustments to
budget and fees that may be necessary.
Either of these meetings, or any special meeting that may be called, may also
include activities intended to define or address member needs.
2. MANAGEMENT COMMITTEE ELECTIONS AND VACANCIES
As provided in Article 9 of the Joint Powers Agreement, the Management
Committee of the Board of Directors consists of seven (7) members, one of which
is from the County and two of which are the President and Vice-President of the
Board, who also serve as the President and Vice-President of the Committee
respectively.
Each of the other four members of the Management Committee shall be elected
by majority vote of a quorum of the Board of Directors.
Should a vacancy occur, the Management Committee may appoint another
Member of the Board of Directors to serve on an interim basis until the next
Board meeting. At that time, the Board may either affirm the person for
continuation or accept additional nominations and conduct an election.
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BAERS BYLAWS
2/24105
Unlike Board Members, Management Committee members do not have
alternates. However, those who are unable to attend a meeting may designate
another person from their agency to attend, participate and report back to the
Member. The designee will not be counted when determining quorum and may
not participate in formal votes.
3. MEMBER REPRESENTATIVES AND LIAISON
Pursuant to Article 16 of the Agreement, Members will supply BAERS with the
names of representatives, alternates and a BAERS liaison annually and upon
departure of representatives from employment with the Member.
4. AMENDMENTS
Amendments to the Agreement: BAERS shall maintain copies of Amendments to
the JPA Agreement that are enacted pursuant to Article 25. A copy of each
amendment shall be provided to each Member.
Amendments to these b laws: These bylaws may be amended by atwo-thirds
vote of a quorum of the Board of Directors. An updated copy of bylaws shall be
provided to each member.
BAERSByIawsRevised022405.doc
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Bav Area Emaloyee Relations Service Effective July 1, 2008
JPA MEMBERSHIP. SERVICES AND FEES
2008-2009
Background:
The organization that is now known as the Bay Area Employee Relations Service was created as the
Intergovernmental Employee Relations Service under a Joint Powers Agreement in 1974. Its purpose
was #o provide centralized staff and information services to Member agencies in support of Human
Resource functions, such as labor relations and position-classification analysis. Original products
included printed annual compensation and benefits reports that covered benchmark and executive
positions. The program also provided special services including salary surveys, classification studies and
a variety of other research.
Over the years, this central¢ed approach resulted in the need to create a database. in August 1999,
changes to that database were undertaken in response to member requests for more rapid dissemination
of data. When the changes were presented to the organeation's Executive Board, the potential for a web
site application was recognized immediately. In September 1999, collaboration between the BAERS
database designer and a web site designer at the City of Foster City {a Member agency) began.
By January 2000, the site was operational with 2,044 total compensation records for benchmark classes.
Sy September of that year, BAERS had assumed full responsibility for continuing maintenance and
development of the site's structure and content. Over approximately the next 20 months, BAERS
continued to modify the database and web site pages to add features, such as on-line maintenance and a
variety of benefits and classifications, including those in infom~ation technology and executive ranks.
As a result of additional development requested by our membership we are, as of Aprit 2008, reporting
data on 61 Agencies, 5,582 classes and 324 bargaining units. For more details, see page 3 of this
document.
The following pages further describe current operations services and fees.
Operations and Membership:
BAERS estimates 38 member agencies for FY 08-09. The governing body is the Board of Directors. The
Board consists of one representative from each member agency. Agencies are also encouraged to
designate al#emate representatives. The County of Santa Clara serves as the host organization for the
JPA. It is also a member.
BAERS' staff is employed by the County. The County appoints and evaluates the Director with input from
the Board. The Director appoints staff and manages programs pursuant to Board and County policies.
The Board determines fees and the scope and content of BAERS' services.
Generally, Board members and alternates are the persons} responsible for the Human Resources or
Labor Relations function at their respective agencies. The Board of Directors elects a President and Vice-
Presidentfor each fiscal year {July-June cycle}.
It also elects a Management Committee consisting of the President, Vice-President, an official of the
County of Santa Clara and four additional representatives. The Management Committee works with
BAERS' staff to provide guidance and develop recommendations far Board consideration.
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Bay Area Employee Relations Service
JPA Membership -Services and Fees
Paae 2
Effective July 1,.2008
In considering prospective members, the emphasis is on stability in relationships. The only form of
membership available is as a signatory to the Joint Powers Agreement. The membership process is
straightforward. Key steps include:
• Obtaining the Joint Powers Agreement from BAERS and securing approval of the prospective
member's legislative body or from a person authorized to enter into Joint Powers Agreements on
behalf of that body,
• Signing the Joint Powers Agreement (preferably two original documents). Signatories must be
those authorized to enter/approve agreements (e.g., Mayor, City/County Manager, City Attorney
and City Clerk}.
• Returning the signed original agreement(s) to the Director of BAERS at the address below for
execution by the County Executive of the County of Santa Clara. (Sending two original signed
agreements will pem~it both parties to retain an original agreement with original signatures.
Otherwise, the County will retain the original and a copy will be returned.)
Dick Allen
Director, Bay Area Employee Relations Service
Santa Clara County Government Center
70 West Hedding Street - 8th Floor, San Jose, CA 9519 0
Phone: (408) 299-5803
Email: dick.alfen(c~ers.scccaov.orq
a-2o
Bav Area Employee Relations Service Effective July 1..2008
JPA Membership -Services and Fees
Page 3
Services
The JPA member fee schedule on the next page covers the following services:
Continuous access to the web site (http:/lwww.bavareaers.org) the contents of which are summarized
below and detailed at hEtp://vwvw.bavareaers.ora/SiteSum.cfm:
o Scope currently includes 61 Bay Area public agencies.
o Currentay supports "Total Compensation" records for over 5,500 Safety and Miscellaneous
Classifications, in 45 occupational categories, including executives and information
technology.
^ These records can be grouped into arrays using comparison categories to
produce surveys. The speed with which these surveys can be produced is close
to breathtaking.
^ The surveys can be viewed on line or exported to Excet spreadsheets.
^ Survey queries can be saved for even more efficient report production.
^ The records can also be organ¢ed by Agency to permit member confirmation of
the data we have entered.
o Provides access to documents inGuding, bargaining agreements and pay plans. We also
provide sinks to the web sites of agencies that we report on our site. At the lime of this publication,
of the 61 agenass reported on this site, approximately 31 are maintaining class specifications
to which we are finked.
o Contains bargaining agreement summaries (term, adjustments during the term, comments) for
over 320 bargaining units.
o Reports negotiations status and progress toward successor agreements for expired
Memoranda of Understanding.
o Shows benefit summary information far those bargaining units linked to classes presented in
the total compensation arrays. (This information may also be applied to salaries available from
our library to classes not on the web site to produce total compensation information. It can also
be used to confirm our accuracy.)
o Access to our library, which contains information that is not on the web site, such as pay plans,
staffing documents, class specifications and organization charts. Member representatives can
contact BAERS and make an appointment to visit the library. They may also request that 13AERS
provide information from that library.
• Staff orientation and support regarding site content and use are available during normal
business hours and site-based support features, including the Website Overview, FAQ, User
Manual and Administration Zone, are available continuously.
Unless otherwise determined, the fee schedule also covers all updates and expansions approved by the
Board.
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Bav Area Emnlovee Relations Service
Fse Increase 3.00%
Per linked MOU $ 506
+all unrenreaented S 5D6
MEMBERSHIP FEE MATRIX
FISCAL YEAR
2008.2009
COMBINED FEE FOR LINKED" MOUE AND UNREPRESENTED '
Effective 7/112008
0 1 2 4 9 10 11 12
TIER FULL 1ME POSITIONS $ 808 $ 1 012 $ 1 51a ; 2,024 $ 2 630 $ 3,038 $ 3,542 $ 4,048 $ 4,554 $ 5,060 $ 5,566 $ 8 072 $ 8 578
1
FROM
1
THRU
50 13ASE
FEE
$ 2,250 (BASE FEE PLUS FEES FOR LINKED MOOS AND UNREPRESENTED)
$ 2,756 $ 3,262 $ 3,768 $ 4,274 $ 4 780 $ 5 286 $ 5,792 $ 6,298 $ 6,804 $ 7,310 $ 7,816 $ 8,322 $ 8,828
2 51 200 $ 5,432 $ b,938 $ 6 444 $ 6,950 $ 7,456 $ 7,962 $ 8,468 $ 8 974 $ 9 480 $ 9 986 $ 10,492 $ 10,998 $ 11 504 $ 12,010
3 201 300 $ 6,111 $ 6,617 $ 7123 $ 7629 $ 8,135 $ 8,641 $ 9,147 $ 9,653 $ 10159 $ 10665 $ 11,171 $ 11677 $ 12,183 $ 12,689
4 301 400 $ 8,790 $ 7,296 $ 7,802 $ 8,308 $ 8,814 $ 9,320 $ 9,826 $ 10,332 $ 10,838 $ 11,344 $ 11,850 $ 12,356 $ 12,862 $ 13,368
5 401 600 $ 8,147 $ 8,653 $ 9,159 $ 9 665 $ 10 171 $ 10 677 $ 11 183 $ 11,689 $ 12,195 $ 12 701 $ 13 207 $ 13,713 $ 14,219 $ 14 725
6 501 700 $ 9 506 $ 10,012 $ 10,518 $ 11 024 $ 11,530 $ 12 036 $ 12,542 $ 13 048 $ 13,554 $ 14,060 $ 14,586 $ 15,072 $ 15 578 $ 16,084
7 701 900 $ 10,863 $ 1 i 369 $ 11 875 $ 12 381 $ 12,887 $ 13 393 $ 13,899 $ 14 406 $ 14,911 $ 15 417 $ 15,923 $ 16 429 $ 16 935 $ 17,441
8 901 1,000 $ 13,580 $ 14,086 $ 14,592 $ 15,098 $ 15,604 $ 16,110 $ 18,616 $ 17,122 17,628 $ 18134 $ 18,640 $ 19,146 $ 19,652 $ 20,158
9 1 001 2,000 $ 16,812 $ 17,318 $ 17,824 $ 18,330 $ 18 836 $ 19,342 $ 19 848 $ 20,364 $ 20,660 $ 21 366 $ 21,872 $ 22,378 $ 22,884 $ 23 390
10 2,001 3,000 $ 18 218 $ 18,724 $ 19,230 $ 19,736 $ 20 242 $ 20 748 $ 21 254 $ 21,760 $ 22,266 $ 22,772 $ 23,278 $ 23,784 $ 24,290 $ 24 796
11 3 001 4000 $ 19,624 $ 20,130 $ 20,636 $ 21,142 $ 21,648 $ 22,154 $ 22,660 $ 23,166 $ 23,672 $ 24,178 $ 24,684 $ 25,190 $ 25 696 $ 26,202
12 4,001 5,000 $ 21 030 $ 21 536 $ 22,042 $ 22,548 $ 23 054 $ 23,560. $ 24 068 $ 24,572 $ 25 078 $ 25,584 $ 26 090 $ 26,596 $ 27,102 $ Z7 608
13 5 001 6,000 $ 22,434 . $ 22,940 $ 23,446 $ 23,952 $ 24,458 $ 24,964 $ 25,470 $ 25,976 $ 26,482 $ 26,988 $ 27,494 $ 28,000 $ 28,606 $ 29,012
14 6 001 7 000 $ 23 840 $ 24,346 $ 24 652 $ 25,358 $ 25 864 $ 26,370 $ 26 876 $ 27,382 $ 27 888 $ 28 394 $ 28 900 $ 29,406 $ 29,912 $ 30 418
15 7 001 8 000 $ 25,246 $ 25,752 $ 26,258 $ 26 764 $ 27,270 $ 27,776 $ 28 282 $ 28,788 $ 29,294 $ 29,800 $ 30,306 $ 30 812 $ 31 31 B $ 31,824
16 8,001 9,000 $ 26652 $ 27,158 $ 27664 $ 28,170 $ 28676 $ 29,182 $ 29,688 $ 30,194 $ 30,700 $ 31,206 $ 31,712 $ 32218 $ 32724 $ 33230
17 9 001 10,000 $ 28,057 $ 28,563 $ 29 069 $ 29,575 $ 30,081 $ 30,587 $ 31,093 $ 31,598 $ 32105 $ 32,611 $ 33,117 $ 33 623 $ 34,129 $ 34 635
18 10 001 11 000 $ 29 463 $ 29,969 $ 30,475 $ 30,981 $ 31 487 $ 31,993 $ 32 499 $ 33,005 $ 33,511 $ 34,017 $ 34 523 $ 35,029 $ 35,535 $ 36,041
19 11,001 12,000 $ 30 869 $ 31 376 $ 31,881 $ 32,387 $ 32,893 $ 33,399 $ 33,905 $ 34,411 $ 34,917 $ 35 423 $ 35 929 $ 36,435 $ 36,941 $ 37 447
20 12,001 13,000 $ 32,276 $ 32 781 $ 33 287 $ 33,793 $ 34 299 $ 34,805 $ 35 311 $ 35,817 $ 36,323 $ 36,829 $ 37,335 $ 37,841 $ 38 347 $ 38,853
21 13 001 14 000 $ 33,680 $ 34,186 $ 34 692 $ 35198 $ 35,704 $ 36,210 $ 36,716 $ 37,222 $ 37,728 $ 38,234 $ 38 740 $ 39 246 $ 39 752 $ 40 258
22 14,001 15 000 $ 35 086 $ 35 592 $ 36 098 $ 36,604 $ 37 110 $ 37,616 $ 38,122 $ 38,828 $ 39134 $ 39,840 $ 40 146 $ 40,652 $ 41 158 $ 41 664
23 15,001 16 000 $ 36,492 $ 36,998 $ 37,504 $ 38,010 $ 38 516 $ 38,022 $ 39,528 $ 40,034 $ 40,640 $ 41,046 $ 41,552 $ 42,058 $ 42,564 $ 43,070
24 16,001 17,000 $ 37 898 $ 38,404 $ 38 910 $ 39,416 $ 39,922 $ 40 428 $ 40,934 $ 41 440 $ 41 946 $ 42 452 $ 42,958 $ 43,464 $ 43,970 $ 44,476
25 17,001 18 000 $ 39 303 $ 39 809 $ 40,315 $ 40 821 $ 41 327 $ 41 833 $ 42,339 $ 42,845 $ 43,351 $ 43,857 $ 44,363 $ 44,869 $ 45,375 $ 45,881
26 18 001 19 000 $ 40,709 $ 41,215 $ 41,721 $ 42 227 $ 42 733 $ 43 239 $ 43,745 $ 44 251 $ 44 757 $ 45,263 $ 45 769 $ 46,275 $ 46 781 $ 47 287
27 18,001 20 000 $ 42 115 $ 42,621 $ 43 127 $ 43 633 $ 44 139 $ 44,645 $ 45,151 $ 45,657 $ 46,163 $ 46,669 $ 47,175 $ 47,681 $ 48 187 $ 46,693
28 20,001 + Negotiable
NOTES: Full-time equivalent (FTC positions that are comprised of either part-time positions or of temporary positions are NOT CAnsiderea to Ue TUII-ilme buagetea posmons for tee purposes. mvus are consbereo to oe
linked if their corresponding benefits are developed for use in the "Total Compensation" classification records displayed on the web site. To find the total membership fee, first find the tier (row) that shows the full-time
budgeted position count. Then, move to the right on the same row to the column that shows the number of linked MOUs. The amounts in these wlumns combine the fees fior both linked MOOS and al{ unrepresented.
SUMMARY
Source Generates
Base Fees 300,679
Linked&Unrep 97,658
Total 398,537
Bay Area Employee Relations Service
JPA Membership -Services and Fees
Pa4e 5
Effective Juiy 1,.2008
~ ~ ~
Mid-Year Membership: during the course of a fiscal year is permitted on a pro-rata basis.
Start-Up Fee: Anew member that does not have its compensation information in the database has the"
option of being included in the database and appearing on the web site. If the new member elects to be
included, aone-time start-up fee is charged. (Approved by the Board of Directors June 19, 2001.} The
start-up fee is 10% of the agency's annual fee. This fee would be waived, credited or refunded under any
one of the following three conditions:
1. After 3 years of membership.
2. The member is instrumental in bringing in a new member.
3. The member refers anon-member for a special service that costs at least the amount of the
member's start-up fee.
Adding Non-Member Agencies to the Web Site:
One or mare members may pay to add anon-member agency to the database/web site. This is
performed as a special service at the member rates. The full cost of development is home by the
requesting member(s). Staff performs subsequent updates without charge. {Such additions are not
undertaken if they would interfere with data updates and Board-approved site expansions.} (Approved by
the Board of Directors June 19, 2001.)
Members of more than one year may not pay extra fees for adding data for agencies in the member's
survey design if this can be accomplished within existing budget allocations. New members of less than
one-year pay extra for developing agencies within their survey design for inclusion on the web site.
{Approved by the Board of Directors December 1, 2005)
Member Fee Reduction/Credit:
A member may receive a fee reduction or credit if it demonstrates that it has recruited a new JPA member
in either the current or the subsequent fiscal year. The amount is 15% of the new (recruited) member's
full-year fee for the current fiscal year provided it does not exceed the recruiting member's fee for that
year. This credit may be applied to the recrui#ing member's fee for the next fiscal year or toward a special
service. Approval of this credit is performed in consultation with the President of the Board of Directors.
(Approved by the Board of Directors April 9, 2002.)
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Bav Area Employee Relations Service
JPA Membership -Services and Fees
Page 6
Special Services•
Effective July 9,.2008
The Board of Directors policy has authorized Staff to perform special services provided maintenance and
enhancement of the web site remain the first priority. The Director is authorized to decline requests that
may conflict. When special services are pertormed, the following rates apply:
MEMBERS
Staff Hourly Rate for Special
Services
Director $ 131.00
ER Analyst/Assistant 70.00
NON-MEMBERS
Data Fee $ 8~4 per class pies
$ 29 Per agency (row) in the
Total compensation array downloads. array for each class
Staff Hourly Rate for Special
Services
Director $ 158.00
ER Analyst/Assistant 83.00
JPAMF0809Proposed0708
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