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AgdaPkt 2015-02-09 Closed and Joint SA
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AgdaPkt 2015-02-09 Closed and Joint SA
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Last modified
2/19/2015 4:51:43 PM
Creation date
2/5/2015 4:15:24 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency
Date
2/9/2015
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7.1.A. - Page 14 <br /> b) Any out -of- pocket expense or loss, by way of judgment or settlement, arising out of the <br /> operation of this Agreement, within the limits of the County's self - insured retention shall be <br /> shared by the parties in accordance with the formula as described in Article V (b). <br /> Article VII - EFFECTIVENESS <br /> This Agreement shall be effective upon its execution by all Member Agencies. It is effective as to <br /> new Members Agencies upon adoption and approval by the Council and by the new Member <br /> Agency's governing body. This Agreement shall continue in effect until terminated as provided <br /> herein. <br /> Article VIII — TERM AND TERMINATION <br /> 8.01 Withdrawal by Members <br /> a) Any Member Agency may withdraw from this Agreement by written notice given by such <br /> Member Agency to all other Member Agencies, which notice shall be given at least 120 <br /> days prior to the commencement of the fiscal year in which it is to take effect. For the <br /> purpose of such notice, a fiscal year is defined as July 1 of a calendar year through June 30 <br /> of the succeeding calendar year. <br /> b) Any former or prospective Member Agency may enter or re -enter the organization by <br /> petition to the Council by its governing body, and majority approval of the petition by the <br /> Council. Upon approval, the new Member Agency must agree in writing to all terms of this <br /> Agreement. <br /> c) Should a Member Agency withdraw less than 120 days prior to the commencement of the <br /> fiscal year, the withdrawal will be effective but that Member Agency will be responsible for <br /> its calculated contribution for that year pursuant to Article V. <br /> d) Should a Member Agency give required notice and withdraw from the Agreement, the prior <br /> contribution of that Member Agency will be divided equally by formula among the <br /> remaining Member Agencies. <br /> 8.02 Termination of Organization and Disposition of Surplus Money and Property <br /> This Agreement shall terminate effective upon a vote of the Council, the County and by at least <br /> eleven (11) cities representing the majority of the population of the County. In the event that the <br /> Organization ceases to exist, surplus funds will be returned consistent with Section 6512 of the <br /> Government Code in proportion to the contributions made. The Organization does not intend to <br /> acquire title to any property. But in the event that it does, title to all property acquired by the <br /> Organization, shall be owned by the County of San Mateo to be used for "County Wide" purposes. <br /> 8.03 Amendments <br /> Any proposed Amendments to this Agreement may be recommended by the Council but must be <br /> ratified by each Member Agency's governing body. <br /> 8.04 Review of this Agreement <br /> The Council will conduct a review of this Agreement in 2020 and every five years thereafter to <br /> determine whether any changes to the Agreement are necessary or advisable. In the event that the <br /> Council concludes that changes should be made, each Member Agency representative will take those <br /> recommended changes to the governing body of the Member Agency for ratification. <br /> 8.05 Bylaws <br /> The Council may, from time to time, adopt and/or amend Bylaws for the conduct of its affairs; <br /> provided the purpose is consistent with this Agreement and/or are necessary and appropriate. <br /> October 17, 2014 Page 10 <br /> ATTY /AGR/2015 /AMENDMENTS /AMEND NO. 1 - FIRST REVISED & RESTATED JPA - OES <br /> REV: 01 -30 -15 VR <br />
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