CC Resolution No. 4216 RESOLUTION NO.. 4216
A RESOLUTION OF THE GITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING A JOINT POWERS AGREEMENT FOR INTERGOVERNMENTAL
. EMPLOYEE RELATIONS• SERVICES
WHEREAS, the City Council desires to continue participation in the
Intergovernmental Employee Relations Service to obtain the benefits of
collective gathering, analysis and publication of information necessary
to the sound managem~ent of personnel and employee relations matters; and
WHEREAS, a revised agreement has been prepared covering the services
to and responsibilities~of each party which agreement is shown as attach-
ment "A" to this resolution;: . ~
. NOW, THEREFORE, BE IT RESOLVED that the joint powers agreement for
Intergovernmental Employee Relations Services be approved and the Mayor
. and:the City...Clerk~.authorized to execute this agreement.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 19th day of July , 1976, by the following
vote: ~
Vote Members of the City Council
AYES: Jackson, 0'Reefe, Nellis, Frolich
NOES.: None ~
ABSENT: Meyers
ABSTAIN: None
APPROVED:
/s/ Donald A. Frolicli ~
Mayor, City of Cupertino ~
. Pro Tempore
ATTEST:
/sf Wm. E. Ryder .
City Clerk
AtLachment "a"
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JOINT POWERS AGREII`tE~i1T FOR
INTERGOVERNMEN?AL F1~ LOYEE '
REIATIONS SERVICES
' , This is a joint povers agreement betr+een the originally executing public ageneies .
and sucti other public agencies as may be subsequently added Chereinafter collee;ively
. referred to as "the parties").
WHEREAS, che partiea are "public agencies" ae •thac term is defined in C.aliforaia
Government Code section 6500 dealing with Joint Powers Agreements; and
trHEAEAS, the parties are actively involved in anployee relacions under applieabla
pzoviaiona of lav; and
WHfiREAS, Che partiea are possessed of cmmnon powers and authoritq to collect, ;
refine, analy2e and use information, reaearch and assistance in their respective
amployee relations; and
WflEREAS, the partiea desire to consolidate certain information, research and
~ assistanee functiona and serviees. in order to zealite attendant economic and
operational efffciencies.~
NOt~., THEREFORE, the parties agree aa follove:
. 1. Pur~ose. The purpoae of this agreratenc ia to provide informacion, research
and aeaiacance necessary and relevant to the operation of thn rsspeetive employee
relationa of the parties.
2. Powers. The aovera to.be axerciaed by the parties ara cl~ose express and implied
povera~under applicable provisions of lav relacing to and governing employee rnlationa
of the respective parties, including, but not limited to, the pover co collect, refiae,
' analqze and uee infostm tion, reaesrch and easfacance in the area of employee relationa.
3. Mechod. The method of implementing the above purpoees and exeeucing the above
povere ia: to provide employee relations services in accordance r+1th the terma and
- conditiona hereof through staff and facilities of the Councy of Santa Clara, herein-
after referred to as "County". By chia agreement thn parcies do noc creace an agencq
or encity separate from the parties thaneelves. ,
4. Oristinal and Additional Parties. The public agenc:ea executing chis original
agreaaent by and through their respeecive authorized agents ~Original Parties) shall .
enjoy che righcs. and perform the duties prescribed by the tersns and condfcions hereof. '
Other puDlic agencies aubsequently added Co this agreemenc in aceordance wi[h the terma
and eondiCions hereof (Additionai Partiea) shall become and ba partiea co this agreemant
on the effective date of such addition end shall thereafLer enjoy the righcs and perform
Che ducies required in accordance wiCh the terma and condiciona hereof. The word
"parties" as used in this agreesoent is in[ended to be synonymoua with the texms "member"
' and "membership"..
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. 5. Term. Irrespective of the date or dates of exetution hereof by original or
additional parties, the cersn of this agreemen[ shall cocaaence July 1, 1976 and shall
• be automatically reneved on July 1 of each sueceeding fiscal year.
A party intending co terminace membership ahall give :+ritten notice to cha~ effect by
May 15. All partiea shall be provided advance nocice fa vriting of the pending deadl:ne
far terminacion no later than April 15. ~
The above provisions sha11 not npplq to any parcy vhoae legis•lacive body takea official
action after !!ay 15, to terminate perticipatlon under this agreemant for che auccneding
fiacal year. Notice of any such action shal~l be cranamitted by the parcy to County
within cea (10) days of the date on vhieh St vaa taken. Any cerminacion of chie eype
occurring after July 1 shall cauae the terminating party to remit to County a proraced
~ fee for basic servicea for the subjec[ fiscal year. This amount ahall be baaed upon tha
parcy's current fee as decermined in aecordanca with parag:aph 6 of ~thia agreement and
che cotal n~ber.of Qays elapsing from July 1 through the date on which noticn of
Carminatlon i.s zeceived by County. ?his period may be extended by ~+rlttan agzeement
between County and the terminating party in order ~o provide for thQ eompletion~ of
requests for eervices in progresa:
6. Fee Schedule for Basie and Soeeial Services. Feea for snrviees provided shall
be payaDle in aceordance with the following fee schedulea:
For besic services as hereinafter desczibed:
In fiacal year 1976-77, each party shall paq ~he fes prescribed for ita reapective Fee
Group ae defined belov.
'Number Full-Time Number Em~loyee
Fee Crouo Pos:tions OrRanizations Fee
. I Up to 100 1-2 S 450
' 101 - 150 . 1
II Op to 100 3 or more $ 550 .
101 - 150 2
1S1 - 200 1
III 101 150 3 S 650 .
151 - 200 2
iV 101 - 150 4 S 750
, ~ V 101 - 150 5 5 850 ~
151. _ 200 3-4 ~
201 - 300 2-3
VI 201 - 300 4 or more S 950
VII 301 • 500 3 or lesa 51050
VIII 301 - 500 , 4 or more $1150
IX Over 500 , S1150 Plus:
51.75/position over 500
1.20/poaition over 1000
~ 1.l0iposition over 5000
$100/organizacion over 4
~
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~ For purposes of allocating each party to its appropriate Fee Grouo, the folloxing cypee
of positiona shall be ereluded:
, a. wll elected officials.
b. All ~art-Cime and te~porary positions, including those creaced vi ~ti PEF and
CETA funds.
For purpoaes of computing the number of employee organizations posseased by each partq,
, all unrepresented daoloyeea of a party shell be counted as one (1) em~loyee or3anfzacion. ,
Syould the foregoing Fee Groups not applyto.a partieular original or additional partq,
' the Program Director ahall determine the fee co be assessed chat party'conaietent vith
the coneepts uLilized in establiahing Che existing Fee Groupa. This determinacion shall
be approved by the Executive Board Chairman prior :o being finalized and shall be aubject
to review annually by the Directoz and Chairman.
Adjustmants to fees for basic snrvices in futura yeara shall be determined 1n accordance
vith the following formula: •
Total Member Fees-
a) Tocal Escimated Budget x Current Fiseal Year ~ Total Increaee In
Inerease for Next Fiacal Year Tocal Budget-Current Member Fees .
. Fiscal Year
b) Tota1 Inerease in Hember Fees percentage Fee Increaae
Tocal riember Fees-Currenc Fiscal Year `
The pareentage amount dnrived through chia formula shall be applied to all existing fee
groupe co determine the adjusted fee to be paid by each ~arty in che following fiseal year.
Written notice of budget inc-easea and fen adjuatmenca eatlmaced for the folloving fiacal
year shall be provided to each party no lacer Lhan.April 15. ~
~ For eaecial services as hereinaf:er described: '
A maximum of $20.00 per hour for profesaional staff time spent in rendering such servieea,
~ excapt Lhat for "supplementary aurvey services" aa hnreinafter described in paragraQh 1:,
the fee shall be $14.00 per hour. In fucure fiscal years, sucA fees may Oe increased as
justified by operating coaLS uQon recoamendation oE the Program Director and approval by
che Executive Board. Said inereaeea shall noc exeeed in any fiscnl year the pereen ugn
inezeaae in fees for basic aerviees for that year as prescribed in this pezagraph.
1. Soecial Fee and Advance bv Councy. Notwithstanding the•fee sehedule provided for
partiea in paragzaph 6 of this ag:eement, County shall pay a special fee for aervicea Co
be provided under this agreemenc in the amount of $17,500 for fiscal year 1976-)7. Seid
fee shall en[itle Councy [o basic services as hereinafCer desc:ibed. T.o the extent [he
~ special $17,500 fee exceeds Councy's. fee for basic services computed in accordance vith
paragraph 6(escimaced at $13,000), said excess ~estimaced ac $4,500) ahail consticutn an
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• , advance by Councy for special serviees to be provided it. County shali noc be required
~ to pay any amount in exceas of this 517,500 speeial fee us~leas and until :eea for speeial
' servfces provided tha County exeeed the amount advancad by it ~ursuanc to this paragraoh.
The special fee may be :educed at County'a option in future fiscal•years, but shall not
be less Chan the fee for basic serviees applicable to Councy in that year pursuant co•
paragraph 6 of this agraement..
8. Commita+ent and Limi;acion of iunds. Each party shall pay a minimum con[ribution
under chie agreeaenc equal to the fee for beaic servicea or the apecial fee chnrged
County purauant to che respective provfsions of paragrapra 6 aad 7 hereof, vhiehaver ia
applicable. No party hereco shall be.charged or liable for fees for services provided
hereunder for aay amount in excesa of the party's minim~mm commitment except aa it ocher-
wiae requests and raeeives special ~ervicea in accordance vith Chis agreement.
9. Antieipated ix~enditures and Staff!n¢. Upon nxecution•of Chia agreeaient, the
~ , partiea antieipate a$b2,000 operating budget for the fiscal year•1976-77. The parties
further anticipa[e that in order to perform the servteea called for by thie agreemenc,
County vill provide up to four full-time •equivalent positions for the~te:s of Chia
agreemenc consisting of a program dirnctor, a personnel aida or analyst, a clerk and
additional•professional and/or elerical personnel not to exceed the equivelent of one
full-time posi[ion. ?he original parties fully anticipace and recognixe that tha
minimum fee commits~eata~of the original parties pursuant to paragraphs 6 and 7 hnreoi
represent and comQrise only approximacely 65~ of the ancicipated operating budget for the
fiacal year 1976-77. The parties expreasly aasume ~hac additional revenues will be
generated throughout each fiaesl yeaz of this agreemenc ~o cover the~fuil oparacing
ezpense of che Program, said revenues to be derived fsom feee for spaeial servicas provided
to original pazties and/or~from fees for basic and/or special aervicns provided additional
partiea and/or services azovided to non-parties in eccordance vith this agreement.
- 10. Councy ObliRations. County shall:
~a) Hire and re uin scaEf to provide the basic and ocher se:vices hnreinafter
described, recaining full legal responcibility, 1lability and eontrol for che salection,
retencion, performance and terma and conditions of such employmenc by County.
(D) County shall meincain accounting and fiacal recards in aceordance wich
cuaCOmary accouncing procedures, all in accordance vith accepted accounting practices
used by che Councy Controller of the Councy of Santa Clara so as to accurately reflect
all revenuea derived aad direct costs incurred undar thia agreecnenC.
(c) County~shall provide the baaic and speeial aervices hezeinafter described
. to the parties subject co the staffing and fiscal limi:a~iona anCicipa~ed and agrend
co by [he parties cursuant co chis agreesnent.
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11. Basic Services co be Provided. Each party hereco shall be encitled to the
fallrn+ing basic services: .
_ (a) A ComQensation Survey of a meximum of twenty-five ~25) public agencies
located r+ithin the Councies of Alarneda, San Mateo and Santa Clars. Ihis Survey
shall inelude:
1. P.-evailing salaries for :ifteen job :amiliea.
2. Prevailing f:inge benef:t levels for sixteen individual
benefits. .
3. Bargainfng unit scructures of the surveyed public agencies,
including inforsacion regarding expiration dates of exiscing agreementa
and next knovn adjustsents.
~ . 4. Compsrable salary and benefit da~a for the Scatn of California
and the Federal Government (confined to California), plua a supplemerc
eoncaining.aalarq data for industrq in Santn Clara Countp ae such data
becomes available in March or April of eaeh yea:. '
This Survey shall be publiahed ac least annually so as to meet the data needs of
che majority of the parties. It shall also be maincained throughout the term of
chia agreement so aa to inaure maximusn recurna to the part:es at differnnt timn
periods during the fiscal qnar. At the direction of Lhe Execucive Board, the
Survey may be published in fnll tvice during, a fiscal year. .
Selection of the speci:ic local public agenciee, job families and friage benefita
to be surveyed shall be determined by Che Execuclve Soard no latar than September
of: sach year. Should no accion be'taken by that time, the ageneias, job families
and benefita contained in Che 1975-76 Survey ahall be usnd for thac fiscal year.
At the time of thie decezminstion, the Board maq also amend the co ul number of
agencies, job families and fringe benefics to be aurveyed providad thac auch
changea do not resulc in an overall increase in staff houra required for complecion
of the Survey. •
, Any party to this agreement vhich is noc selected by the Execucive Board for ~
incluaion in che Survey ahall, at its requeat, be included even i: Lhis servee to ,
, increase the nwnber of agencies above the maximum of tWency-five (?5).
(b) A comprehensive managcnent compensacion survey, the scope and :iming of '
vhich are Co be determined by the Execucive Board. 2he cortanitment of professional
staff time in providing [his serviee shall noc exeeed one hundred sixty ~160) houra .
unless a corzesponding reduction is made in some o[her designaced basic servicn.
~ ~ ~5~ •
~ ~c) Supplemental su:vey infozmation f:om wi:hin che Scace of California over
. and above Lhat provided under (a) and (b) above, subjecc to a cwency-four ~24) hour
' limic per oa:ty during :.he te:m of this agreemenc.
, Where the Compensation Survey desc:ibed in (a) above does not produca
any salary Snforma[ion aoplicable to an employee organization representing non-
management employees and for vnich a fee is asaessed in aceordanee aith paragraph 6
of chis agreemenc, the °rogram Direetor will have the opcion of either supplemanting
. said Survey or of preparing •a seQarace survey utilizing salary data for ona (1) job
or job family repzeaented bq such organiza[ion as designated by the affecced party.
Up to five (5) houra of cuch service can be provided without additionil
charge to the party or deduction from chat party~s twentq-four (24) hour allocmenc
ae described sbove. This special supplement shall only applq Co che individual r
employee organizacion for whieh no salary da u is provided in che Compensation Survey
and shall not be applied toward any other basie or apecial Program servien.
' ~~1 Cd) Completion of compensation surveys requested of any party bq a Statnvide
. 1~ organization having as its exclusive membera ocher public agencies within the Staca
of California. Other surveys requeated of a part;~ by an individual California publfc
. agency shall be performed to the extent feasible.
(e) Information relacive Lo bazgaining, eeonomic, legal and legislative
~ activities and trends. In addition to the eollection and disaeminacion of thia cype •
of information in general, Chia servicn ahall be :efined so that it may sarve aa a
"clearing house" on information concaraing specific events vhich have a coam~on, major
lmpact on the parties to this agreement. IC shall alao be cha intnnt to eatablish a
retrieval syste:a regardiag significanc types of clauses in bazgaining agreements aa
ielected by the Executive Board. ,
(f) Asaistance in negociationa and contract ad~ainiscracion, excluding dirnet
• participacion in eir.her process.
(g) Such additional research projecta as are. decermined by tha Executive Board,
subjeet to Lhe fiscal limitations of Chis agreeaent.
12. Special Services Availa~le. Special servicas availaDle co the parties includa,
buc are not liasited co the following:
Ca) Supplemental survey serviees in excess of the Ci:ne li~ica preecribed in
~ paragraph 11 (c).
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I
, ' (b) Special labor relations s~udies.
(c) RequesLed particicacion or actendance at confereneea, sa~ainars, etc.
• foz che benefit of a party or oarties; provided that the naximum per diem fea for
this speeial service shall..not exceed $100 per day plus expenses. This fee may be
adjusted in Che same mannez as fees for ocher epecial aervices ?ursuan[ to para-
• graph 6 of this agreement.
I3. Execucive Board. ~ ~
1. 'Ihe Executive Board shall func:ion in the folloving mannez:
• (a) Each original and additionel pnrty to this sgreement shall
be alloved ore (1) representative on tha Board ~+ho shall
have the express authority to speak for and commit its
principal on matters before the Board. Each anmber shnll
. have onn vote.
Each pazty shall also designa[e an alternate who shall serve
in the abaence or unavailability of its regular reoresenu tive.
(b) By majority vote, che members of the Executive Board shall
aelect a cAairman and vice-chairman ac its firsL meeting of
~ the ner+ :iscal year.. The terma of such officnrs shall extead
for at least the bnlance of thnt year. A vacancy in eicher
offiee shall be filled for the balance of tha cerm by majority
voce of all parties co this agre~ent.
~c) The Board shall meet ae necessarq co fulfill ita functions. The
frequency of and agendas for auch meetings shall be decezmined
bp the chairman, or vice-chaiaaan, in eonsul:acion viih staff. •
Except in eat:eme caaes, eaeh Hoard member vili receive advance, `
orritten notice of ineetipga, Cogether vith an agenda of RaLtBr9 ~
to be discusaed.
(d) A.quorum of nine ~9) Board members ahall be requirad in.order
,for the Board to meec or take final ac:ion on any matter before
~ it. Should the size of the Soard subsequently iacresae :o
~ eighteen (18) members or mora, the Guorum ahall be Lnczeased
to equal a majoricy oi the memuers of the Board. Except vhe:e
otherwise provided in thfs agreement, a majo:iry o: a quoruc~
• is required for L'~e Board Lo cake action.
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. ~ (e) A written record of all business condueted at Board meecings
. shali be :naintained by staff and distribuced to all oartiea
~ co chis agrerlnenc shortly after each meeting. . .
. The review, correction and approval of such minutes shall be
en i~em on the agenda of the immediatelw succeeding meeting
of the Board.
2. The Exeeutive Board shall have the following functions: .
~a) To establish~priorities in the perfo~anca of Program
Serviees in the evenc chat requests for euch aervices
create eonflicts as to timely and efffcient perfocr~ance. +
~ Prograra staff or'eny party to the agreenenc oey aeek and
obtain such a determination.
(b) To detesmine the number and specifie nacure oi reaearch
projecta which may be provided ae basic servicea pursuanc
. co paragzaph 11 (g) of this agreemenc. .
~c) To estabiish policy guidelines concerning the subscription
, of additional parties to this. agrewent and the offering of
' Program Servicas and products to non-parties pursuan~ ~o
paragrapha 4, 15 and 17 of thia agzee~ent.
(d) To insure the full eooperation of ali partiea in aecordance
with paragraph 18 of thia agreesnent. ~
~e) To aas~ne sueh other fvncCions ae are ex~resaly delegated to
it fn accordanee with ocher paragraphs of this agreement.
3. The Exeeutive Board shell have no pover to altar, amend, modify or
~ tesminate this agreemenL except as expressly delegaced to it in
accordance with other•paragrapha of :hia agreement.
14. Infor*.nacion P,ea~ired and Manner of Pavmenc. Each original party he:eco shall,
within ten C10) daye of the date of final adoption of the partq's budgec for the current
~ fiscal year, provide the County vith the foilowing written information:
Ca) The number of full-cime budgeted poaitiona provided in said .
budget.
.(b) The rnrmbe- and names of all employee organizacions in exis~ence
as of July 1 of the curren[ year.
Upon.:eteiP[ of such informacion rrom all original parties, L'~e Coun[y ehall compute
the fee for basic services payable unde: this ag:eement and shaii promo~ly submit a
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• scacemenc tnerefor to each party. Scatemencs for special services rendered to
. parcies pursuant to this agreemenr shall be rendered monthly or upon completion of •
~ said services, whichever occurs sooner. Ali statements shall be paid Co County no '
Iater chan chiriy ~30) days of receipt.
~ 15. Additional Parcies. Other public agencies may become additional partiea to
Chis agreement by executing an agreemenC vith CbunCy for and on behalf of all partiee
co be bound by the terms and conditions of this agreeaent and deliveriag sewe to
Councy aecompanied bq the full fee for basic services for such local agency computed
~ in aecordance vith the texa?s and conditions of chis agreement. ~
. i
The full fee due under this agreement ehall not be proreted for G4Q first cwo (2) '
crontha.of the fiscal year. On or after September 1, fees shall only be prorated if:
(a) The additional pazcy waa not offered membarship prior ~o July 1 •
of the current year; or
(b) There is a demonstraced end significanc losa in P:ogram service to .
the addicional party. ?his decermina[ion shall rest wiCh che
Program Direetor 'subject to such policy guidelines as may be
es ublished by the Executive Board. ~
~ ~
Any pro raca reduetion granted ahall' result in a eorresponding redue:ion in the
additioeai party's tventy-four ~Z4) hour allotment for supplemen[al survey servicea ~
as contained in paragraph 11 (c) of chi•s agreemant.
Flheze s p~ro rated fee is found to be just:fieble in accordance vith Che above
e:iLeria, it ahall be computed ae follovs:
Number of Calendar Days Aemaining ~ ~ '
in Current Fiscal Year Full Fee
humber of Calendar Days in Currenc X Applicable to
• Fiacal Year Additional Party '
~
An additional party entitled to pra raced fee9 in accordance With this paragraph
shall be charged on the basis~of employee organizations in axistenee as of the first
/ ~
• oE the monch in .rhich it Decomes party ,o the agreement.
. 16. Confidential Infor.aation - Coovristhta. Each party shall keep con£idnntial ~
all writLen materials provided pursuanc to this agreement bearing a noLation that '
che same is "confidential". This parag:aph ahall not preclude a perty from sueh ~
iimited reproduction and diatribution of sueh vtittan materials vi~hin its o.m ~
i
. agencq as ie required for such parcy's ~employee relations purpoaes; nor sh~ll it {
preclude a party from using the daca provided Ln such written materials for its or+n
• employee relations purposes or for purposes of discussing sama wit~ o:her parciea to
Chis agreemenc. Neither the confidential vrit[er. macerial provided pursuant co thia •
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• agreement nor the da[a contained therein srtall be reproduced, distributed or diwiged
. save and ercept as othe:vise allo~ed by this pazagraph and chen only consistent vith
~ , the ter.as and eonditions of this agreemenc to proyide employee relationa serviees to
L'~e parcies to chis agreement. Cour.ty may copy:igh[ in its name, for and on behalf of
all parties to this agre~nent, any pubLication produced as a result of this agreement;
provided, that such copyrighted maCerial shali be available free of charge or ac
minimal cost to che parties. '
17. Services to Non-Parties. Services may be provided noci-parties consistent with
the tersis and conditions of this agreement; provided, that feea for such serYicea ahall
be no less than Che feea which +ould be charged a party hereco; and provided furCha:
tha[, vhere appropriate, such non-party enters into an aQpropriace wri~ten agrnemenc
vith the County for and on behalf of the pazties.
18. [+aencv Coooeration. Cotmty ehall act as agent for and on behalf of Cha partiea
' pursuaac to chis agreement and ahall use ita best efforts consiatenc vlth the fiacal •
limitacions.herein to perforrn as required herein, subjact to reasonabin availability of
, required daca. The parties shall cooperate with each other and with County acting on
. behalf of all in provfding informacion required to perform once under this agzem~ent.
~ 19. Concract Liabilitv-Indez+niffcation. Each pazty to this agraement shall beer
financial responsibilitq for the acts of their reapective offieers, agencs and elnployees;
and each pnrty shall iadeianify, save harmlesa and defend the other paztics from all
claima for money or damagea arising from errors or omiasions of such party'e respective
officers, agents and e~loyees in the performance of thia agreement. In no event shnll
ochaz par:ies to chis agraement be liable under Lerms and eondi~ions of agreemencs
reached, if any, between an individual party and any employee organizacion.
. 20. Fiscal Resooneibilitv. Upon Cha termination of this egreement, Cou~cy shall rende:
a final accounting to partiea accurately reflacting in accordanee virh accepced accouncing
practices the revenues darived and Che direcc expenses ineurred in performance of thia
agreemenc. If a surplus in excess of any uneonsumed advance made by County rrsains ac the .
~ termina[ion of this agreemenc, Countq shall refund.such surplua to tha partiea on a pro
rata basia decer+ained by their respective paymencs for basic aervicea hereundar. In
zeliance upon the fiscal accountabilicy of the Concroller of thn County of Santa Clara and
his official bond•, the parties expressly waive any separate bond by County under thia
agreement. . ~
21. Ter.ninacion. Nocviths.tanding any other provision of this agreesaent, County enters
. into this agreement on the e+cpress condition tha[ the servfces of Mr. John C. Obenhuber
will be availab?e to CounLy as an employee of Councy; and County retaias the sole option
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• • / .
~ ~ , co terminate this agreemenc :f ior any reaso~ his services othe r+ise become unavailable
~ ~ to County; provided, ChaC before such ternination, Councy shall use ita best efforts
~ . in a promot fashion to obtain a satisfactory repiacemenL for Mr. Obenhuber. If it
becomea necessary ~o terminate this agreemen[, County shall render an accouncing to
all parties and recurn to each party the surplus, if any, in accordance vith paragraph
20 hereof.
IN uI?h~SS WtiEREOF, the below designaced original parties have exscuted this
agreement by and through c4ei: respeetive author:zed agents on the daces sec forth
below. •
CITY OF C.'1l~BELL CITY OF MOUNTAIIJ VI~I
~ By: Date By: Da~e
C22Y OF CUPERTINO CITY OF PALO ALTO
HY: Date By: Dace
CI?Y OF GILROY CITY OF SAN JOSE
By: Da[e By: Date
CITY OF LOS ALTOS COUNTY OF SAN lJATEO
By: Date Bp: Dace
TOWN OF LOS GA20S CITY OF SMITA CIAAA
By: Date By: Da*_e
CITY OF ME,~1L0 PARK ' COUNTY OF SAN?n CInRA
By: Date Hy: ~ Date
. CITY OF MILPI2AS SANTA CLARA VALLEY SJA?ER DISTRIC2 '
Bq: Date By: Date
CITY OF MORGAN BILL CITY OF SARATOGA
• By: Date By: Dace
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