CC Resolution No. 3986 RESOLUTION N0.3986
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF A JOZNT POWERS AGREEMENT FOR
~LOYEE RELATIONS SERVICES
WHEREAS, the City Council has been party to a 3oint powers agreement
resulting in useful and timely services in labor relations; and
WHEREAS, the City Council is desirous of continuing as a party in a
joint powers agreement providing similar services during the fiscal year
commencing Ju1y 1975;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk be
authorized to execute the Joint Powers Agreement for Intergovernmental
Employee Relations Services, attached hereto as Attachment "A", and made
a part hereof.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 4th day of August , 1975, by the
following vote:
Vote Members of the City Council
AYES: Frolich, Meyers, Nellis. Sparks, Jackson •
NOES: None
ABSENT: None
ABSTAYN: None
APPROVED:
/s/ James E. Jackson
Mayor, City of Cupertino •
ATTEST:
/s/ Wm. E. Ryder
City Clerk
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. ~ ~ JOINT POWERS AGREEMENT FCR "ATTACHMENT A"
' . INTERGOVE~?tENTAL EMFLOYEE "
, ~ . ~ RELATIONS SERVICES ,
~ ~~Thie is a joint powers agreement between the originally executing public ~ ~
agencies and sich otl~er puU2ic agencies as~may '~e subaequently added ~herein-
, after collectively referred to as "the parties"i.
. h'HEREAS, the parties are "publfc agenciea" as that term is defined in California
. Government Code aection 6500 deal.ing with Joint Powers Agreementa; and
1 . WHEREAS, the parties are actively i.nvolved in employee relations under
. , applfcable provisior.s of lai~; and
. . WHEREAS, the parties are possessed of common powers and autherity to
collect, refine, analyze and use infor.mation, research and assistance in
~ ' their resp•~ctive employee relations; and • •
~ • WHEREAS, the parties desire to consolidate certain informution, research
' and assistance functions and services in order to realize attendant economic
and operational efficiencies. • '
NOW, T}iEREFORE, the parties agree as follows:
1. Purpose. The purpose of this agreement is to provide information,
researclt and assistance necessary and relevant to the operation of the
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~ ~ ~ respective employee reIations of the partiee.
2. Powers. :'he powers to be excrcised by the partics are,those express
and fmplied powers under appl:cable provisions of law relating to and gover.ning
. employee relation~ of the respective pa:ties, including, but not limited to, the
• power to collect, refine, analyze and use information, r.esearch and assi.stazce
. . • ' in the area of employee relations. . .
3. Method. The mettiod of implementing the above purposes and exccuCing the
' above powers is to provide employee relations aervices in accordance with 'the terms
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~ nnd conditions hereof through staff and facilities of the County of Snnta Clera
' _ • (County). By this agreement the parties do not create an agency or entity
• ~ separate from the parties themselves. . ~ ~ .
~ 4. Original and Additi.enal Parties. The public agencies,executing this~ ,
~ original agreement by and through their respective~authorized agent~ ~Original
~I ~ Parties) shal.i. enjoy ti:e rights .and per.form the dutiea prescribed by the Cerms
„ and conditfons hereof. Other public egencies suUsequently r~dded to.this
~ agreement in accordance hith t'he terms and conditionc hereof ~AddiCional .
~ Parties) ehall become and be parties to this agreement on the effective date
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- ~ ' • ' of such~addition and shall thereafter enjoy t~t/ie rights and perform the duties
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~ ~ required in accordance with the tex~s and conditions hereof. ~ ;
~ ~ ' . 5. Term. Irrespective of the date or dates of execution hereof by original
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or additional parties, the term of this agreement shall cocmnence July 1, 1975
. ' . • and ehall tezminate June 30, 1976 unless otherwise extended by agreement in
' accordance with the texms and conditions hereof. ' • .
' ~ 6. Fee Schedule for Basic and Special Servicea. Fees shall be payable •
for services provided in accordance with the following fee schedule:. .
~ ~ For basic services as hereinafter described:. • ~
~ ' Each party shall pay $1.15 per full-time budgeted position for the firat
-one thousand ~1000) such positiona,and $1.05 for each position thnreafter,
. as set forth in the party's final adopted budget for fiscal year 1975-76.
. , The following types of positiona shall be excluded from the application of
~ • thie fee: ' ~
a. All elected officials.
~ ' b. All part-time and temporary positiona, including those
~ created with PEP and CETA funds. ~
~ In addition, each party shall pay $115 for each of its bargaining units
, in exietence as of July 1, 1975. Where one employee or~anization ie the
. recognize3 bargaining representative of more than one unit, the $115 fee
' r+ill be'asaessed on the first ~largest) such unit and $55 each shall be
. ' .~charged for all other such units.
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For purposes of computing the number of bargaining units for a party, each
~ , unit which has been established for employee relationa purposea under law
and which ia represented by a recognized employee organization shall be
. . eounted as a bargaining unit. All unrepreaented or self-represented employees
of e party, regardless of number, shall be counted as one bargaining unit for
. pnrposea of this article. ,
1'he minimum'total fee payable by any party to this agreement shall be $350.
~ • For special services as hereinafter described: . •
~ A maximwn of $20.00 per hour for actual professional staff time spent in
. ~ rendering such services except that for "supplementary survey services" as
~ , • hereinafter described under special aervices ~paragraph 13), the fee ahall be
' , $12.00 per hour. ' ' ' ~
' 7. ~ecial Fee and Advance by County. Notwithstanding the fee achedule
• provided for partiea in paragraph 6 hereof, County shall pay a apecial fee for
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• services to be provided under this agreement in the amount of $20,000. Said
• fee shall entitle County to basic servicea as hereinafter described. To the
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• ~ exten[ the special j20,000 fee exceeds County's fee foz basic servicea
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~ ~ ~computed in accordance with paragraph 6, above (estimated at $11,000),
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i s~id excess festimated at $9,000) ahall conatitute an advance by County for .
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epecial servicea to be provided County.- County shall not be required to pay
• . ~ any amount in excess of the $20,000 special fee described herein unless and ~ ~ ,
• • until fees for special serv.ices provided County exceed the amount advanced by
' ~ County pursuant to this paragraph. .
• 8. Retirement of 1974-75 Deficit. It ia the intent of the parties to
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~ facilitate the~retirement of the estimated $4,000 deficit from 1974-75
operations without jeopardizing the financial condition of the Program in the
fiscal year 1975-76. • ~ •
Therefore, it ie agreed that any one or combination of the following sources
• of revenue and servicea may be u[ilized at the discretion of the County for
; this purpoae: ~
• a. Revenuea generated from 1974-75 operationa,~but not collected until
. ' the fiscal year 1975-76. . . •
b. Revenuea generated either in 1974-75 or 1975-76 from the sale oE
. ~ products developed under the County's IPA Project, "Evaluation of
~ " Local Agency Compensa[ion Practices." ~ ,
c. The use of Program etaff, as timc is avail~ble, by the County
Personnel Department for asei~nmente unrelated to Program services.
. ~ d. Providing special Program services to the Coun[y in excese of thuC •
emount to be prepaid through part of the County's $20,000 fee.
. . , None of thess measures shall preclude the voluntary commitment of additional
. ~ funda for this purpose by the other twelve.parties to the 1974-75 Joint Powers
: Agreeinen[, or by addi[ional parties to this agreement. .
9. Commitment and Limitation of Funds. Each p'arty shall pay a mini.mum
~ • contribution under this agreement equal to the fee for basic services or the
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' ' special fee charged County pursuant to the respective provisions of paragrnpha
6 and 7 hereof; whichever is applicable. No party hereto shall be charged or
' liable for fees for services provided hereunder for any amount in excess of the
- ~ party's minimum commitrent except ae it otherwise requesta and receives special
services in accordance with this agreement or as it voluntarily commits pursuant
• ~ to paragraph 8 of this agreement. •
' 10. Anticipated Expenditures and Staffina. Upon execution of thia agreement,
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• ~ the parties anticipate a$G5,000 operating budget for the full term of this ,
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' . • agreement. •The parties further anticlpate that in o;der to perform the services
~ . called for by this agreement, Countq will provide up to three full-time equivalent
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positiona for the term of this agreement conaiating of a program director, a
personnel aide and an intermediate stenographer clerk. The original partiea
fully anticipate and recognize that the minimum fee cotmnitments of the originnl
. partiea pursuant to paragraphs 6 and 7 hereof represent and compri,se only
• • ~ approxinately 75% of the anticipated operating budget for the full term of thie
~ ' agreement. The parties expressly assume that additional revenues will be
' ' generated throughout the term of this agreement to cover the full ooerating
' • , expenses of the Program, said revenues to be derived from fees for apec.ial
services provided to original parties and/or from fees for basic and/or epecial
. services pr:,vided additional partiea and/or services provided to non-parties in
- ~ accordance with this agreement.
11. County ObliFations. County ahall:
(a) Hire and retain staff to provide the baeic and other services
hereinafter described, retaining full lesal responaibility, liability and
' eontrol for the selection, retention, performance and terms and conditions
' ~ of such employment by County. .
' (b) County shall maintain accounting and fiscal records in
• accordance with customary accounting proced~res, all in accordance
with accepted accounting practices used by the Coun[y Controllc;r of '
the.County of Santa Clara so ae to accurately reflect all revenues ~
derived and.direct costs incurred under this agreement. '
• ' . _ _ . . (c) County shall provide the basic and specinl servicea hereinafter
• • described to the parties subject to the staffing and fiscal limitations
~ anticipated and agreed to by the parties pursuant to thle agreement. •
' ' 12. Basic Services to be Provided. Each party hereto ahall be entitled
, to the following basic services: '
. (a) A Com~ensation Survey of a maximum of twenty-five (25) public agencies
~ located within the Counties of Alameda, San Ptateo and Santa Clora. This Survey
• shall include: ,
~~l ' 1: Prevailing salaries for fifteen job familiea.'
. ~ . ' ' 2. Prevailing fring,e benefit levels for aixteen .
~ ~ ' individual benefits: ' ~ . '
~ , ~ 3.. Bargaining unit etructures of the'surveyed public '
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' agencies, including information regarding expiration dates •
' ; of existing agreements and ,next known•adjustments.
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. ~ 4. Comparable salary and benefit data for the State of
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~ ~ California and the Federal Government ~confined to California), . ~
~ plus benefit data for industry in Santa Clara County as such ~
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~ . data and staff time are available. • ~
~This Survey shall be published at least nnnually so as to meet th~ data
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needa.of the majority of the partiea. It shull also be maintained :
throughout the ~term of thia agreement so as to insure maximum returna
, ' to the parties et different time periods during the current fiscal year.
~ ~ At the direction of the Executive Board, the Survey may be publielieJ in
- - • ~ • - full twice during f iacal year 1975-76. ' • ' :
_ ' . . ~ Selection of the specific local public asencies, job familiea and fringe '
' benefits to be surveyed shall be determined by the Executive Board no
~ ~ later than September 1975. Should no action be taken by that time, the
. agencies, job families and benefits contained in the 1974-75 Survey shall
be used for the duration of this ngreement. ~
At the time of this determination, the Board may also amend the total
, ~ . number of agenciea, job families and fringe benefits to be surveyed
~ provided that such changes do not reault in an overall increase in sl•aff .
, hours required for completion of the Survey.
~ ~ Any party to thia agreement which is not selected by the Executive Iioard
' for inclusion in the Survey shall,.at its requeat, be included even if
~ Lhie eerves to increase the number of agencies above the maximum of
' . twenty-five ~25). _ _ . , . . .
. (b) A comprehensive management compensation survey ~excluding
' salaries), the acope an3 timing of which are to be determined by the ~
Executive Board. The commitment of profcesional staff time in providing
" this service shall not exceed one hundred sixty (160) hours unlesa a
. corresponding reduction is made in some other designated basic service.
~ . _ • (c) Supplemental survey information from within the State of California
. ' over and above ,that provided under (a) and (b) above, subject to a twenty-four
~ 1 (24) hour llmit per party during the tezm of this agreement. •
. ~ ' • 'Where the Compensatfon Survey described in (a) above does not
~ ~ ' produce any ealary information for a non-management bargaining unit
- ' , aesessed a fee in accordance with parograph 6 of thie agreemen[, ttie
• J, .program director will have the option of either supplementing said Survey
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• . or of preparing a separate survey utilizing salary data for one such
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bargaining unit job or job family from organizations designated by ~
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the affected party. ~ <
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, Up to five hours of such service can be provided for bargaining ' ~
~ ~ unita subject to the $115 charge and up to 2-1/2 hours~for a'unit subjec't
to the $55 fee. Such service shall be performed without additional chnrge
' to the party or deduction from that party~s 24-hour nllotment as described •
: 1 , above. This special supplement shall only apply to the individual unit
, for which no salary data are provided in the Compensation Suryey and shall
~ not be used far any other basic or apecial Program service. .
. ~ • • ~d) Completion of compensation surveys requested of any party by
a Statewide organization having as its exclusfve members other public
agencies within the State of California. Other aurveys requcsted of u
party by an individual California public agency shall be perfoimed to
. the extent feasible.. • '
, ~e) Information relative to bargc~ining, economic,.legal and
legielative activities and trends. In addition to the collection and
diseimination of this type of information in general, this service aliull
' be refined so that it may serve es a"clearing houac" on information
eoncerning specific events which have a com-non, major impact on the purCies
to this agreement. It sliall also be the inten[ to establisli a retrievel
, syatem regarding significant types of clauses in bnrgaining agreements ns
. ~ selected by :he Executive Board. ,
, . (f) Assistance in negotiations and contract administrution, excl.ucling
direct participation in either process.. ~ .
~ „ (g) Such additional research projects as are de[ermined by the ~
Executive Board, subject to the fiscal limitations of this ngreement.
• . 13. Special Services Available. Special servicea available to tlie partie3
~ include, but are not limited to the following:
• ~a) Supplemental survey services in excess of the time limits
~ / prcecribed in paragruph 12 ~c). ~ . •
. • ~b) Special labor relations studiea. ~ ' ~
\ ~ ~ (c) Requested participation or attendance at conferences, aeminara,
~ etc. for the benefit of a p~xty or parties; provided that the muximum per ~
' ' diem fee for this special service ahall not exceed $100 per day plus
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' • ~ (d) Other appropriate services as from time to time are
, ' . ' requested and available. .
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~ ~ 14. Executive Board. ~ ' ,
, • 1. The Executive Board shall function in the following manner:
~ (a) Each original and additional party to this.agreement '
shall be allowed one (1) repreaentative on the E~~ard
' ~.Who ahall have the express authority to speak for and ~
~ ~ cortunit its principal on mattere before the Board.
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~ ~ach caember shall have one vote. '
• ` Each par[y stiall also designate an alternate who shall
serve in the absence or unavailability of ite resular
repreaentotive.
(b) By major.ity vote, the membera of the Executive IIoard ohnll
select a chairman and vice-chairman. The term of euch
officers shall be one year, but the terma of the first
~ chairman and vice-chairman shall expire on June 30, 1975.
A vacancy in either office sha1T ne filled for the balance
• of the.term by majority vote of all pnrtiea to Chis agreement.
~ (c) The Board shall meet as neceesary to fulfill its fu~:ctiona.
The frequency of and ugendas for ouch meetinga ahall be
~ determined by the chairman, or vice-chairman, in consultation
- ~ with staff. ~
' Except in ex[reme cases, each Board member will receive
. advance, written notice of.meetings, together with an agenda
' of mattcrs to be diacussed.
• (d) A quorum of seven (7) Aourd membere shall be required in
. . , order for the Board to meet or take final action on any .
matter before it. Should the size of the Board subsequently
~ ~ increase to fourteen (14) members or more, the quorum shall
' ~ be increascd to equal a majority of the members of the Bonr.d.
` • • Except where otfierwise T~rovided in this agreement, a majority
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~ of,a quorum is required for the Board to take action. .
• (e) A written record of ell businesa conducted at Board meetings
. shall be maintained by staff and distributed to all'parties
' ~ to this agreemenC. shortly after each meeting. •
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' . I The review, correction and approval of such minutes ;
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~ shall be an item on the agenda of the immediately
. . ~ succeeding meeting of the Board. ~
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~ 2. The Executive Boaid shall have the following functfona: •
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- (a) To establish priorities in the performance of Program '
. • Services in [he event that requeste for such seivices ~ •
create conflicts as to timely and efficient performance.
. Program staff or any party to the a~reement may seek and
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~ obtain auch a determination.
; ~ (b) To determine the number and specific nature of research
projects which may be provided as bnaic aervices pursuant
~ • • to Section 12 (g) of thie agreeme::t. ~ '
' (c) To establish policy guidelinea concerning tlie subscription
~ , of additional parties to thia agreement and the offerins of
~ , Program Services arid producta to non-pnrtiea pursuant to ~
Sections 4, 16 and 18 of thia agreement. .
(d) To insure the full cooperation of all parties in accordance
with Sec[ion 19 of this egreement.
' (e) To aseume such other functiona as are.expresely delegated to
• it in accordance with other paragraphs of thia agreement.
~ 3. The Executive Board ehall have no power to alter, amend, modify
- ' ~ or terml.nate this agreement.
. ---15. Information Required and Manner of Payment. F.ach original party hereto ehall,
~ • aithin ten (10) days of the date of final adoption of the party~s budget for fiscal
~ ' , year 1975-76, provide the County with the followins wri:ten information:
, (a) The number of full-time budgeted positiona provided in eaid
' • budget. , ~
(b) The number of bargainfng units in existence as of July 1,
. ~ ' • 1975, including the employee organization repreaenting each of said ~
units and a listing of occupational groupa included within ench of
- ~ • . said urtits. ~ ' '
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~ _ Upon receipt of such information the County shall compute the fee for basic
~ servicea payable under this agreement and ehall promptly submit a statement
, 1 therefor to each party. Statements for epecial services rendered to partiea '
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pursuant to this agreement shall be rendered monthly or upon completion of
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" eaid services, whict:ever occurs sooner. Ail statemente shall be paid to °
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County no later than thirty (30) days of receipt. j
' ' 16. Additional Parties. Other public agenciea~may become additional ' ~
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parties to this.~greement by executing an agreement with County fos and on
behalf of all parties to be bound by the terms and conditiona of this ngrcement r
~ and delivering came to County accompanied by the full fee fcr basic servicea for
• ~ such local agency computed'in accordance with the tcrma and condiCiona of thie
. agreement. ~ • •
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~ The full fee due undPr, this agreement shall ~ot he rro rated dur.in~ the f.irst
. ' three months of its duratior,. On or after October 1, 1975, such fees ehall only
~ be pro rated if: ~ , ~
. (a) The additional party was not offered membership pr.ior
' ~ to July 1, 1975; and ~
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. " (b) There is a demonstrated and significant loes in Pzogram
' services to the additional part}r. This determination shall rest with
~ , the program director subject to policy guidelines as mpy be esteblished
by~the Executive IIoard. ~
Where a pro rated fee is found to be jnstifiable in accordance with [he nbove
~ ~ criteria, it ahall be computed as follows: . ,
Number of Calendar Days Ren~ining
. in Fiscal Year 1975-76 Full Fee
. 366 days X Applicable to
• Additional Party
An additional party entitled to pro rated fees in accordance with this paragraph
, ~ ` shall be charged on the basis of bargaining units in existence as of the first
of the month in which it becomes party to the agreement.
. 17. Confidential ].nformation - Copyrights. Each party shall keep confi.dential
• all written materials provided pursuant to this agreement bearing a nototion that
the same ia "confidential". This paragraph shall riot preclude u party from such
' ' limited reproduction and distribution of such writtei: materials within its own
. agency as is required for such party's employee relations purposes; nor shall~ ~
it preclude a party from using the data provided in such written materials for
, ~ ' • .ite own employee relations purposes or for purposes of discussing came with
other parties to this agrecment. Neither the confidential written material
~ • provided pursuartt to this agreement nor the data contained thereirt shall be
~ ~ " reproduced, distributed o: divulged save and escept as other•.aise ~llo~oed by ~
. this paragraph and then only consistent with the terms and conditions o[ this '
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. ` agreement to provide employee relations services to the part:.es to this agreement.
• ~ , .County may copyright in its name, for and on behalf of all parties to thia agreement,
~ any publications produced as a result of this agreement; provided, that such copy-,
' righted material shall be available free of charge to the parties, subject to a •
reasonable limit on the number of such copies predicated on reproduction costs.
~ 18. Services to Non-Parti:s. Services may be provided non-parties consistent
~ with the terms and conditiona of this agreement; provided, that feas for auch I
services shall be~no less than the fees which would be charged a purty 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 partieo.
. 19. Agency Cooperation. Covnty shall act as agent for and on behalf of the
• parties pursuant to thia agreement and shall use its best efforCS consiatent with
. the fiscal limitations herein to perform as requfred herein, subject to reasonable
~ ~ availability of required data. The parties shall cooperate with each oCher and
. with County acting on behalf of all in providing information required to perf•orm
~ ~ once under this agreement. ~ •
~ 20. Contract Liability-Indemnification. Each party to thi.s ngreement shall bear
financial responsibility for the acts of their respective officera, agenta and
~ ~ 1 employees; and each pa;ty shall indemnify,.eave harmless nnd defend the other parties
. ' ~ from all claims for money or damages arising from errore or omissions of sticti party's
' respective officers, agents and employees in the performance of [his agreement. In
. no event shall other parties to tliis agreement be liable under terms and conditi~ns
of agreemente reached; if any, betwcen an individual party and nny employce
, • organization. ' .
21. Fiscal ResPonsibility. Upon the termination of this agreement, County ehall
• render a final accounting to parties accurately reflecting in accordnnce wiCh
• accepted accounting practices the revenucs derived and the direct expenses incurred
~ in performance of this agreement. If a surplus in excess of any unconsumed advance
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. . madc by County remaina ut the termination of this egreement, Covnty shall refund
~ such surplus to the parties on e pro rata baeis determined by their respective
„ • payments for basic services hereunder. In reliance upon the fi.acal accountability
of the Controller of the County of Santa Clara and his official bond, the parties
` . expressly waive any separate bond by County under this agreement.
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. 22. Termination.. This agreement shall terminate except as~ott:erwise extended by
Hritten agreement of the parties. Each party to thie agreement shall give ~~xitten '
• ' ~ notice to County, on or before t•fay 15, 1976, as to its intent to continue or not
~ ' ~ eontinue this agreement for an addi,Cional term. ~ ~
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' Notwithstanding any other provision of this asreement, County enters into this
• ! _agreement on the express condition that the services of Mr. John C. Obenhuber will I
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be available to Ccunty as an employee of County; and County retains the sole optipn ~
to terminate this agreement if for any reason hie~services otherwise become unavailable ~
- ~ to County; provided, that before such te rniination, County shall use its best efforts
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~ , in a prompt fashion to obtain a satisfactory replacement for Mr. Qbec::iuber. If it
~ becomes necessary to tezminate this agreement, County shall render an accounCing to
• ~ all parties and return to each party the surplus, if any, in accordance with
' ~ paragraph 21 hereof. • •
, ~ IN WITNESS WIiEREOF, the below designated original parties have executed Cliis
- ~--agreement by and through their zespective authorized agents on the date~ set Lorth
• below. • ~
. • COUNTY OF SANTA CLARA CITY OF SAN JOSE ~
. ' (County) , -
~ ' gy; Date By: Date
~ ~ CITY OF CAPtPBELL ' CITY OF SARATOGA
gjr; Date By: Date
• •CITY OF CUPERTINO SANTA CLARA VALLEY WATGR DISTRICT
. By: Date By: Dute
CITY OF GILROY CITY OF LOS ALTOS
. By; Date .By: Date
TOWN OF LOS GATOS ~ CITY OF MORGAN HILL '
. gy: Date By: Date
• ~ CITY OF MILPITA° CITY OF MENLO PARK '
~ ~ . By: Date - ' By: Date
. CITY OF MOUNTAIN VIEW CITY OF;SANTA CLARA .
. . By. Date • By:
~ . CITY OF PALO ALTO ,
. By: ~ Date . ' .
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