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September 19, 2024 8 <br />Article VI - EFFECTIVENESS <br />This Agreement shall be effective upon its execution by all Member Agencies. It is effective as to <br />new Member Agencies upon adoption and approval by the ESC and by the new Member <br />Agency’s governing body. This Agreement shall continue in effect until terminated as provided <br />herein. <br />Article VII – TERM AND TERMINATION <br />7.01 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 ESC by its governing body, and majority approval of the petition by the <br />ESC. 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 IV. <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 />7.02 Termination of Organization and Disposition of Surplus Money and Property <br />This Agreement shall terminate effective upon a vote of the ESC, the County and by at least eleven <br />(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 transferred to the County of San Mateo and be used for “County Wide” <br />purposes. <br />7.03 Amendments <br />Any proposed Amendments to this Agreement may be recommended by the ESC but must be <br />ratified by each Member Agency’s governing body. <br />7.04 Bylaws <br />The ESC may, from time to time, adopt and/or amend Bylaws for the conduct of its affairs; provided <br />the purpose is consistent with this Agreement and/or are necessary and appropriate. <br />Article VIII - MISCELLANEOUS PROVISIONS <br />8.01 Notices <br />ATTY/AGR.2024.233/SMC Operational Area Emergency Services Organization (Second Revised & Restated Joint Exercise of Powers) (REV: 12-11-24 MI) (Page 8 of 15) <br />ATTY/RESO.0093/CC RESO APPROVING AND AUTHORIZING TO EXECUTE THE SECOND REVISED AND RESTATED JPA (ESC) - EXHIBIT A <br />REV: 12-19-24 MI Page 8 of 15