Loading...
83-011 Joint Exercise of Powers, Employment and Training Services between Sunnyvale, Mountain View, Los Altos, Santa Clara and Palo Alto, Resolution No. 6009; Joint Powers Agreement for Public Agency Insurance Management Services, Resolution No. 5499 I , JOINT EXERCISE OF POWERS AGREEMENT; EMPLOYMENT AND TRAINING SERVICES This AGREEMENT, dated March 10 , 1983 , by and between the cities of Sunnyvale, Cupertino, Mountain View, Los Altos , Santa Clara, and Palo Alto ("Cities" herein) , municipal corporations of the State of California, WITNESSET H: WHEREAS , each City named above is empowered by law to provide employment and training services pursuant to the federal Jobs Training and Partnership Act of 1982; and WHEREAS , the United States Jobs Training and Partnership Act of 1982 , as amended ("JTPA" ) , provides financial assistance enabling local governments to assume responsibilities for job training , community services , and for other purposes , and provides for the formation of consortia wherein combinations of cities may unite to form a multi-jurisdictional area for planning and operation of a comprehensive manpower program which will provide job training and employment opportunities for economically disadvantaged , unemployed, and other underemployed workers; and WHEREAS , Section 6502, et seq. of the Government Code of the State of California authorizes, public agencies to enter into agreements for the purpose of jointly exercising any power common to the public agencies; and WHEREAS , public agencies have inherent power to act for the benefit of the health and general welfare of their residents; and 1 WHEREAS , each City is committed to the principle of regional planning and management of such services; and WHEREAS , it will mutually benefit the Cities to enter into a joint powers agreement whereby the Cities may avail themselves of the benefits and advantages of the JTPA for the residents within their respective jurisdictional areas . NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS : (1) Joint Powers Agency. The City of Sunnyvale is hereby designated as the North Valley Jobs Training Agency, referred to herein as the Joint Powers Agency, the jurisdiction of which for purposes of this Agreement shall be the Cities of Sunnyvale , Cupertino, Mountain View, Los Altos , Santa Clara, and Palo Alto. Each of the foregoing Cities hereby delegates its authority to carry out the purpose of this Joint Powers Agreement to the Joint Powers Agency. (2) Purpose--Joint Powers Agency. The Joint Powers Agency is designated for the purpose of carrying out job training and employment programs for economically disadvantaged , unemployed and underemployed persons within its jurisdiction, and to provide comprehensive manpower services and plans pursuant to the JTPA. (3) Authority--Joint Powers Agency. The Joint Powers Agency is hereby authorized, in its own name, to do all acts necessary for the exercise of its authority to accomplish the purpose as set forth herein including , but not limited to, any or all of the following: 2 (a) Enter into subgrants , contracts and other necessary agreements; (b) Receive and expend funds; (c) Employ personnel; (d) Organize and train staff personnel; (e) Prepare annual comprehensive manpower programs as set forth below; (f) Develop procedures for planning , operation, assessment and fiscal management of training programs; (g) Evaluate program performance and determine resulting needs to reallocate resources; (h) Execute and/or modify grant agreements with the U.S . Deptartment of Labor; (i) Prepare an annual budget. Pursuant to the JTPA the Joint Powers Agency shall conduct studies and make analysis of the needs for training and employment programs among the Cities; shall establish and coordinate training and employment programs within the Cities; and shall underetake any other act or acts that may be required to accomplish the purposes of this joint exercise of powers agreement and the JTPA. (4) Distribution of Jobs Training Services . The Joint Powers Agency shall distribute jobs training opportunities, benefitted persons , and all other services delivered hereunder among the Cities on an equitable basis , in reasonable proportion to the needs and markets for such services , as determined by current census , unemployment and other objective data. All other 3 management functions performed hereunder , except individual reports to Cities of Agency activities , shall be on a regional basis , without partiality or regard for political boundaries among the Cities . (5) Term of Agreement. This agreement shall become effective as of the date of its approval by the legislative bodies of the Citi'ss , and shall continue in full force and effect until terminated by all of the parties to this agreement. Any City may terminate its participation in the agreement as of the end of any fiscal year by giving written notice of its intention to terminate at least six (6) months prior to the end of the fiscal year in which such notice is given, to all other Cities. This Agreement may be terminated at any time by mutual agreement of all parties hereto. (6) Governing Board . The Joint Powers Agency shall be administered solely by the City Council of the City of Sunnyvale , which shall function as its Governing Board. (7) Meetings and deliberations of the Governing Board. All official acts of the Governing Board shall be taken during public meetings , the date , place, and time of which have been published in the manner applicable to meetings of public bodies . Agendas of the Sunnyvale City Council shall designate those items to be considered by it in its capacity as the Joint Powers Agency Governing Board. All official Joint Powers Agency actions similarly shall be designated in the official Minutes of the Sunnyvale City Council . All of those rules and regulations governing meetings to be held by the City Council of the City of Sunnyvale are hereby 4 adopted as the rules and regulations governing meetings of the Joint Powers Agency Governing Board. (8) Officers and Employees . The Governing Board shall have the responsibility and authority to designate current or additional regular employees of the City of Sunnyvale as administrative, managerial and staff personnel of the Joint Powers Agency. Such personnel shall remain employees of the City of Sunnyvale, subject to all of the terms and conditions of employment otherwise applicable to Sunnyvale employees . In no event shall any such employee become entitled to additional compensation by virtue of his/her duties on behalf of the Joint Powers Agency. The Governing Board is further authorized to hire temporary employees and consultants , and to provide such other facilities , supplies , equipment, office space and customary administrative resources , as are reasonably necessary to performance of the activities undertaken pursuant to this Agreement. Reimbursement for all of the foregoing personnel and administrataive costs shall be exclusively from grants or funds appropriated by sta to or federal laws and regulations . Those responsible officials designated by the Governing Board to act for and on behalf of the Joint Powers Agency are hereby authorized to take all such actions pertaining to finance, record- keeping, auditing and other matters as may be necessary, consistent with the authority delegated by the Governing Board, and with applicable state and federal laws and regulations . 5 (9) Statement of Conditions and Criteria. The parties hereto make the following statements and certify as follows: (a) The respective addresses of the parties are as follows: City of Sunnyvale Office of the City Manager P . 0. Box 60607 Sunnyvale , California 94088 City of Cupertino Office of the City Manager P. 0. Box 580 Cupertino, California 95015 City of Santa Clara Office of the City Manager 1500 Warburton Avenue Santa Clara, California 95050 City of Mountain View Office of the City Manager 540 Castro Street Mountain View, California 94041 City of Los Altos Office of the City Manager 1 North San Antonio Road Los Altos , California 94022 City of Palo Alto Office of the City Manager P. O. Box 10250 Palo Alto, California 94303 (b) The geographical area to be served by the Joint Powers Agency shall be all that area within the geographical boundaries of the parties hereto. (c) The total population within the jurisdictional areas hereto combined is 368 ,028 . (d) The parties hereto, and by their signatures to this agreement and seals affixed hereto, certify that all 6 parties are authorized pursuant to law to provide the services for which this agreement is entered into in all of the geographical area within the jurisdiction of the parties . (e) Attached hereto and incorporated by this reference is a written statement of the chief legal officers of each City, setting forth therein the authority of the parties to enter into this Joint Powers Agreement.. (f) The parties hereto and by their signatures and seals to this agreement affixed, certify that to the extent consistent with state law and local ordinances , they accept responsibility for the operation of the programs initiated and continued pursuant to this agreement. (10) Liability. (a) The City of Sunnyvale, and those persons , agencies and instrumentalities used by it to perform the functions authorized herein, shall be exclusively liable for damages to any person arising from activities of the Joint Powers Agency. (b) The City of Sunnyvale shall hold harmless and indemnify cities, and each of them, including their officers and employees, from any claim or liability arising from acts or omissions of the City of Sunnyvale in the administration of this agreement, and in so doing, shall provide cities , and each of them, with legal defense of any and all claims or liabilities and shall pay reasonable attorney' s fees and costs incurred in providing such defense. 7 (11) Reports. The Joint Powers Agency annually, and other times at Cities' request, shall provide written reports of the finances , activities and business affairs of the Agency to the Cities. (12) Breach. If default shall be made by any party hereto, in any covenant contained in this agreement, such default shall not excuse said party from fullfilling its obligations under this agreement. The parties hereto declare that this agreement is entered into for the benefit of the Joint Powers Agency and hereby grant to said Agency the right to enforce, by whatever lawful means the Agency deems appropriate , all of the obligations of each of the parties hereunder . Each and all of the remedies given to the Agency hereunder or by law now or hereafter enacted are cumulative and the exercise of one right or remedy shall not impair the right of the agency to any or all other remedies . (13) Severability. Should any part, term, or provision of this Agreement be decided by the courts to be illegal or in conflict with any law of the State of California or otherwise be rendered unenforceable or ineffectual , the validity of the remaining portions or provisions shall not be effected thereby. 8 WHEREFORE , the parties hereto have caused this Agreement to be executed by their respective officers duly authorized . CITY OFFICER ATTEST SUNNYVALE f1�(� . ::// J� &tell f r eku�^�" aygr City Clerk CUPERTINO _- - 1get -E� " /Mayytr �Je City Clerk SANTA CLARA ______, ,, - �\ /`r CG�t4/ ,r / (ty Clerk 1 MOUNTAIN VIE dr....)dr....) / ' 6.// i -:./ I,:' ',r% . ' iv, - Mayor #f Card` a . LOS ALTOS M y' o=" . !Q- l a""0 "__._ / Ili�_ ��i. .l 0sit PALO ALTO '�� 1�= I MayorU Citz/!Clerk v 9 STATEMENT OF OPINION; LEGAL AUTHORITYTO ENTER INTO JOINT EXERCISE OF POWERS AGREEMENT FOR EMPLOYMENT AND TRAINING SERVICES • I , the undersigned chief legal officer of the City identified below opposite my own name, am an attorney licensed to practice before the Supreme Court of the State of California. It is my opinion that the City which I represent is fully authorized by the laws of the State of California to enter into that certain agreement entitled "Joint Exercise of Powers Agreement; Employment and Training/ Services" dated (,� 2 s 1983 , and to participate in the governmental actions described therein. CITY CITY ATTORNEY DATE SUNNYVALE :AL 11 , o./4) (91-5 CUPERTINO ��'id714-7 /L c,�' - V V SANTA CLARA - - - - /4J4crc L />, 3 MOUNTAIN VIEW /1414 �,%Sy�V-J] ‘ C9p9 LOS ALTOS J, I ( �4 /1" -"( � ) ! - i ( ( 7 )J PALO ALTO March 1 , 1983 ofi✓• Jam/-o67 1 RESOLUTION NO. 5499 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT FOR • PUBLIC AGENCY INSURANCE MANAGEMENT SERVICES WHEREAS, a Joint Powers Agreement for Public Agency Insurance Management Services has been presented to 'the City Council; and • WHEREAS, said -Agreement is for the purpose of establishing, operating and maintaining risk management self insurance, claims adjusting, and other group insurance programs and services upon which there has been mutual agreement; and WHEREAS, it is of benefit to the City of Cupertino and in the best public interest to join together with other parties to establish this joint powers agreement; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby .authorizes the Mayor and the City Clerk to execute the joint powers agreement for Public Agency Insurance Management Services. PASSED AND ADOPTED at a regular meeting of the City Council of the City • of Cupertino this 1st day of December , 1980 by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Plungy, Sparks NOES: None ABSENT: Rogers ABSTAIN: _ None APPROVED: /s/ Reed Sparks • Mayor, City of Cupertino ATTEST: Pro Tempore /s/ Dorothy Cornelius City Clerk JOINT POWERS AGREEMENT FOR PUBLIC AGENCY INSURANCE MANAGEMENT SERVICES Those public agencies of the South Bay Area signatory to this Agreement for the purpose of establishing,.;pperating, and maintaining risk management self- insurance, claims adjusting, and other group insurance programs and services mutually agreed to. This Agreement is entered into pursuant to the provisions of Chapter 5 (beginning with Section 6500) of Division 7 of Title 1 of the California Govern- ment Code authorizing specified loyal public entities to exercise jointly the power to provide insurance management, including the purchase of insurance and other related services, pursuant to the provisions of Chapter 3 (beginning with Section 989) of Part 6 of Division 3.6 of Title I of the Government Code herein- after referred to as the Public Agency Insurance Management Service (P.A.I .M.S. ) . r WHEREAS, it is to the mutual benefit of the parties herein subscribed and in the best public interest of said parties to join together to establish this joint powers agreement to accomplish the purpose hereinafter set forth; and WHEREAS, the development, organization, and implementation of such a pro- gram is of such magnitude that it is desirable for the aforesaid parties to join together in this joint powers agreement in order to accomplish the purpose here- inafter set forth; and WHEREAS, the signatures hereto have determined that there is a need by pub- lic agencies for insurance and risk management programs and services; and • • • WHEREAS, Title 1, Division 7, Chapter 5 of the California Government Code authorizes the joint exercise by two or more local public entities of any power ' which is common to each of them; and . - • • vx e WHEREAS, each of the parties to this Agreement- desires to.join together the other parties for the purpose of jointly purchasing insurance and risk manage•;:: • ment services and pooling certain of their self-insured reserves against losses and jointly in purchasing insurance, reinsurance; and/or administrative services • in connection with cooperative programs;. • • NOW, THEREFORE, and for and in consideration of the mutual advantages to be - derived therefrom, and in consideration of the execution of this Agreement by • other public entities, each of the parties hereto does agreeaasfollows: - • • ARTICLE I. PURPOSES. .. _a. .The purposes of P.A.I.M.S. are: . • - - • • 1: To facilitate development of self-insurance programs and jointly provide insurance, insurance management;--risk management .and other .related . • . . services, and to provide a system to achieve the following objectives the 'benefit of P.A.I.M.S. member agencies in all risk management areas handled by P.A.I.M.S. : A. Further efforts to reduce costs of insurance. coverage through - • continued and expanded loss control practices and,combined,purchase _ =L-- power; om_ `: :.• ' _' ; • • ii. Reduce costs of claims. administration services through central • management, volume, and combined purchasing power; • iii. Greater stability of insurance markets through size of com- .bined membership, longer- duration of insurance agreements, -Z_ _ and effective loss control practices; iv. Reduce interagency cooperation to attempt to further reduce amount and frequency of losses of member agencies; v. Improved control of sources of risk through the application of risk management, loss control techniques; vi. More cost effective approaches to improve recovery from responsible third party; vii . Establishment of one or more reserve funds to advance funds to members in meeting the impact of heavy losses; viii. Coordination with legislators on needed legislation; ix. Other related functions consistent with this Agreement, powers of the public agencies, and member needs. 2. To provide a self-insurance and insurancemanagement program and system: for payments of benefits and claims as authorized by P.A.I.M.S. member agencies; to administer a cooperative program wherein member agencies may pool certain of their funds as reserves against losses; to jointly purchase insurance; to jointly purchase administrative and other services, including insurance management, consulting, brokering, claims administration, claims adjusting, loss prevention, data processing, legal and related services. 3. To acquire, hold, and dispose of property, real and personal , neces- sary or desirable for the purpose of providing the members of P.A.I.M.S. with a complete self-insurance and insurance management program, including• -3- but not limited to the acquisition of necessary facilities and equipment; the employment of personnel , and the operation and maintenance of a system of insurance management. 4. Individual agencies may participate in any portion of P.A.I.M.S. programming and are not required to participate in an individual program or service unless said agency determines it appropriate and beneficial to do so. • • ARTICLE II. DEFINITIONS. • The following definitions apply to the provisions of this Agreement and its bylaws: • a. Authority shall mean the Public Agency Insurance Management Service created by this Agreement. • • b. Board of directors shall mean the governing, body of the authority. c. Officers shall mean the chairperson, vice-chairperson, treasurer, and clerk of the governing body of the authority. d. Claims management shall mean the process of identifying, controlling, and resolving demands to recover losses from an insured, otherwise indemnified, or self-insured entity. These services shall be contracted by the Board of Directors. e. Public entity shall- mean city, county, special districts, public authority, and such other governmental entities as the authority may determine. f. Participation or participating shall mean a member agency's action or state of taking part in the programs of the authority by doing all or part of the following through. the authority with respect to one or more risk areas: -4- 1. Purchase of insurance management administrative services; 2. Purchase of insurance or reinsurance; 3: Contribute to the designated reserve operatingorother funds or costs as required under the authority's program(s) ; 4. Pay or make provisions for the payment of assessments, defense costs, claim and judgment costs, and other related costs as required by this Agreement or authority's bylaws. g. Rating structure shall mean the means by which premiums, contributions to a fund, or allocating expenses are established for a risk area on the basis of conditions which affect the probability of loss. h. Retrospectively rated shall mean a technique which permits adjustments of the final premium or fund contribuion for a risk area based on the loss experience of the insured during the period of protection. i. Risk area shall mean an area of exposure to pure risk or financial loss. As used in this Agreement and bylaws, the term refers to employee benefits and other areas as the board of directors shall agree upon. j. Insurance management shall mean the process of identifying, evaluating, reducing, transferring, eliminating risks, and various methods of funding losses. k. Insurance manager shall mean the person(s) , firm(s), or group(s) appointed by the board and given responsibility for the management, administration, and opera- tion of cooperative program(s) of insurance and services. -5- ARTICLE III. SEPARATE ENTITY. a. There is hereby created a separate public entity, the •full legal name of which shall be Public Agency Insurance Management Service and may be referred to herein as P.A.I.M.S. or "the authority." The authority is a public entity sepa- rate from the parties to this Agreement. b. The debts, liabilities, and obligations of the authority do not consti- tute debts, liabilities, or obligations to any individual agency which is a party to this Agreement. ARTICLE IV. SYSTEM ESTABLISHED. a. An insurance management system consisting of the parties to this Agree- ment is hereby established. This system represents a cooperative program of • insurance management which may encompass but is not limited to employee bene- fits, property, liability insurance, casualty, risk management, and other such areasas the board shall agree upon. r , b. ,Each member to this Agreement agrees to comply with and be bound by the provisions of the bylaws as the same may be amended from time to time. ARTICLE V. POWERS. a. Authority shall have the power and duty to establish and operate a program of insurance management and for its execution, either directly by it or by contract. b. Authority is authorized to make and enter into a contract to employ agents and employees to acquire, construct, manage, maintain, or operate any building works or improvements; to enumerate, acquire, hold, or dispose of —6— property per debts, liabilities, or obligations; to establish insurance man- agement-related lines of credit; and to sue and be sued in its own name. y The foregoing powers include but are not limited to those relative to con- f tracting fpr insurance or reinsurance, claims administration services, and consulting services. c. The debts, liabilities, and obligations of the authority shall not be the debts, liabilities, or obligations, of the, parties to this Agreement. d. Authority shall be subject to and shall be covered by the bylaws, a copy of which is attached hereto and by this reference made a part of this Agreement. ARTICLE VI. GOVERNING BOARD. a. All powers of this authority shall be exercised by the board of direc- tors. b. The board of directors shall be composed of one representative from each participating entity. c. The officers shall be elected annually by the board of directors by no later than August 1 of each calendar year. d. The officers shall be responsible for preparing an operations plan, including budget, proposed services and activities at the beginning of each fiscal year. e. The officers .shall be responsible for preparing an annual report for the board of directors' review at the end of each fiscal year. —7— ARTICLE VII. MEMBERS. a. Each public entity which is a party to this Agreement is a member agency of,the authority and is entitled to the rights and privileges and is subject to the obligations of members, all as provided for in this Agreement or the bylaws. b. After formation of the authority by initial membership, new members may be accepted upon application to the authority and upon acceptance by the board of directors by a majority vote and subject to the acceptance by a respected mem- ber of the financial arrangements and fund contributions specified by the then- current members. ARTICLE VIII. AUTHORITY FUNDS. a. The treasurer of the authority shall be the depository of funds of the authority. The treasurer's selection, responsibilities, and other matters r . shall be covered by the bylaws and authority's actions taken pursuant to the bylaws. b. The board of directors shall annually appoint an auditor, who shall be on a contractual basis. The auditor shall be the disbursing officer of the authority and shall draw warrants against the funds of the authority in the treasury when demands are presented and authorized as designated in the bylaws and authority action is taken pursuant to the bylaws. c. The board of directors shall determine fund requirements of partici- pating agencies in specific programs and services in which the participating agency is participating. These fees shall cover the full cost of providing —8— • • such programs and services, including any professional fees, brokerage fees, maintenance costs, and the like. ,7 d. In addition, each member shall be required to pay an annual management -)� fee. This 'fee shall be utilized solely for the costs of operating a joint powers • agreement and shall include such costs as mailings and notifications, records of board.meetings, maintenance of other required legal documents, and for the performance of professional services relative to the maintenance of the joint power agreement. The fees for the 1980-81 fiscal year shall be as follows with. the provision that fees may be raised from year to year by majority vote of the board of directors. Any adjustment in fees proposed by the board of directors shall be communicated in writing to each participating agency in P.A.I.M.S. at _" • least two (2) months prior to the beginning of the fiscal year (July 1). The following are the annual fees: • • Minimum - • $100 • Number Of agency employees 1-50 $200 Number of agency employees 51-250 $300 Number of agency exmployees. ._ 251 and up $400 ARTICLE IX. •TERM OF AGREEMENT. This Agreement shall continue in effect until it is rescinded by the mutual consent of the parties or terminated in the manner provided ",herein or in the bylaws. ARTICLE`X. MEMBERSHIP TERM, a. Withdrawal . A party to this Agreement shall 'remain a member for three - years; thereafter, the member may withdraw by: • -9_ 1. Giving written notice to the clerk on or before the next succeeding . May 1 of the intent to withdraw as of 12:01 a.m. on the next July 1; and 2. Fully performing its obligations as a member of the authority. b. On the July 1 specified in the notice pursuant to Subdivision a.1 above and upon fully performing its obligations as a member, whichever is later, member shall cease to be a party of this Agreement. ARTICLE XI. DISPOSITION OF AUTHORITY, PROPERTY, AND FUNDS. If the party withdraws as a member of the authority, any property interests of that member remaining in the funds of the authority following a discharge' of all obligations attributable to that party; its officers,. and employees, shall be disposed of as provided in the bylaws. If this Agreement is finally terminated as to all parties who are.then members, any money or assets in possession of the authority after the payment of all liabilities, costs, expenses, and other charges incurred pursuant to this Agreement shall be returned to the parties in propor- , tion to their contribution to the authority determined as of the date of termina-. tion. ARTICLE XII. ENFORCEMENT. Authority shall have the power to enforce this Agreement. If suit is brought by authority against any defaulting member and the authority prevails in the action, the defaulting party shall pay reasonable attorney's fees to the authority as adjudicated by the court. -10- . ARTICLE XIII. INVALIDITY. Should any portion, term, condition, or provision of this Agreement be deter- mined by a court of competent jurisdiction to be illegal and/or in conflict with any law of the State of California or be otherwise rendered unenforceable and ineffectual, the validity of the remaining portions; terms, conditions, and • provisions shall not be affected thereby. • • ARTICLE XIV. ARTICLES, SUBDIVISIONS, AND PARAGRAPHS. a. The principal divisions of this Agreements are articles followed by Roman numerals. b. The. principal divisions of -articles are subdivisions identified by lower-case letters. c. Divisions or subdivisions are paragraphs identified by Arabic. numerals. r , ARTICLE XV. AMENDMENTS. • No amendments to this Agreement or to any of the bylaws enacted pursuant to it shall be affected unless it is accomplished by written agreement executed by the governing bodies of at least two-thirds (2/3) of •the parties to this ' Agreement. Prior notice of any board meeting in. which amendments are to be voted upon must be given to each member in writing. Such notice shall include • mention of the nature of the amendments to be voted upon. -11- } ARTICLE XVI. PROHIBITION AGAINST ASSIGNMENT. No member may assign the right, claim, or interests it may have under this Agreement.. No creditor, assignee, or third-party beneficiary of any member shall have any right, claim, or title to any part, share, interest, fund, pre- mium, or asset of the authority. • ARTICLE XVII. AGREEMENT COMPLETE. The foregoing constitutes the full and complete agreement of the parties. There are no oral understandings or' agreements not set forth in writing herein . or in the bylaws. • ARTICLE XVIII. EFFECTIVE DATE. This Agreement shall become effective immediately after it has been adopted by at least three (3) public entities. r ARTICLE XIX. INTERIM PERIOD OF EFFECTIVENESS. a. There shall be a period during-which. this Agreement will be effective • and during which initial members may withdraw if insurance quotations exceed preliminary quotes. This interim period is explainable in the remainder of the article. b. During the interim period, new members may join on terms set by the board. -12- '4 • 1 • 3. When, after at least three (3) initial member agencies remain bound or have elected to proceed with its participation in the program i A pursuant to subdivision d. above. Written notice to that effect shall immediately be given to all initial member agencies and to the known potential participants. I Executed by the undersigned local public entities upon the respective dates set forth after the signatures of their duly authorized officers. CITY OF CUPERTINO APPROVED AS TO FO' e By: �� ri d /I� Mayor, City of Cupertino./ -i.J li�L/ City Attorney, City o Cupertino ATTES C / CITY OF MOUNTAIN VIEW Ci Clery of Cu pertino By: CITY OF SUNNYVALE By: RLJ/z 62-A2-11 —13—