|
|
|
|
|
AGREEMENT FOR STAFF SERVICES |
| |
| |
THIS AGREEMENT is made as of this _____ day of ______________________, 2003, by and between the COUNTY OF SAN MATEO (County), a political subdivision of the State of California and the CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY (C/CAG), a joint powers agency. |
| |
RECITALS |
| |
|
A. |
C/CAG is composed of the twenty cities and the County of San Mateo. Each member city and the County of San Mateo, in its role as a member of C/CAG, shall be referred to hereinafter as a "member agency." |
| |
|
B. |
C/CAG looks to each of its member agencies, where appropriate, for assistance in meeting its staffing needs. |
| |
|
C. |
C/CAG has made provisions to fund one full-time staff person to perform work that will help its member agencies in securing transportation funding and delivering transportation projects. |
| |
|
D. |
C/CAG desires to contract with the County of San Mateo for said services. |
| |
|
E. |
The County of San Mateo is willing and able to provide said staff services to C/CAG. |
| |
|
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions contained in this agreement and for other good and valuable consideration, the parties hereto agree as follows: |
| |
|
1. |
Scope of Services to be provided by the County |
| |
|
| |
In consideration of the payments by C/CAG to the County as hereinafter provided, the County will employ one qualified full-time person, acceptable to C/CAG, to perform services for C/CAG intended to augment and assist the efforts of the existing C/CAG staff. The work to be performed by the County will be more specifically delineated in a Work Plan, as hereinafter described, and will be limited to that which can reasonably be accomplished by one full-time person. Said services include tasks listed in Exhibit A. |
| |
|
|
2. |
Work Plan |
| |
|
| |
The services provided by the County under this agreement shall be performed pursuant to a Work Plan jointly prepared and mutually acceptable to the County and C/CAG. The Work Plan shall specifically delineate the work to be performed by the County. The term of the Work Plan shall be that agreed to by the County and C/CAG and may be other than the term of this agreement. The Work Plan may be revised periodically according to a procedure and schedule that is mutually agreeable to the County and C/CAG. |
| |
|
3. |
Contract Term |
| |
|
| |
This agreement shall commence on the date this agreement was first made, and shall terminate on June 30, 2006, unless either party terminates it earlier. This agreement may be extended on a year-to-year basis. All extensions of this agreement shall be in writing and signed by the Chairperson of C/CAG and the County Director of Public Works. |
| |
|
4. |
Payments |
| |
|
| |
In consideration of the services rendered in accordance with all terms, conditions and specifications set forth herein, C/CAG shall may payments to the County on a quarterly basis. County shall bill C/CAG on a quarterly basis for the following costs related to the County employee performing said staff services under this agreement and the Work Plan: |
| |
|
|
| |
· |
The actual cost of said employee to the County, the components of which are salary, benefits and overhead. |
| |
|
|
| |
· |
The actual cost of any direct expenses related to carrying out the Work Plan. |
| |
|
|
| |
· |
The actual cost of attendance by said County employee at meetings, conferences, seminars or workshops which are germane to carrying out the Work Plan and which do not involve overnight travel unless C/CAG has given its prior approval. |
| |
|
|
| |
· |
The actual cost of any other expenses when C/CAG has given prior approval for those expenses. |
| |
|
| |
Billings by the County shall be in the form of an invoice submitted to the Executive Director of C/CAG. All invoices shall be due and payable upon receipt. |
| |
|
5. |
Relationship of the Parties |
| |
|
| |
The parties to this agreement view it as establishing a cooperative and interactive relationship between C/CAG and the County. The parties further understand and agree that the person employed by the County to provide said staff services to C/CAG is an employee of the County, will be supervised solely by the County, and acquires the rights, privileges, powers or advantages of County employees, and is not an employee of C/CAG. |
6. |
Hold Harmless |
| |
|
| |
To the extent permissible by law, each party to this agreement shall and hereby agrees to hold the other, its governing body, boards, commissions, officers, employees and agents harmless from any liability for damages or claims for damages resulting, or alleged to have resulted, from personal injury, including death and/or from liability or claims for property damage or loss including loss of use thereof, resulting in any manner, directly or indirectly, by reason of any negligent act or omission on the part of the other party, its governing body, boards, commissions, officers, employees or agents in the performance of said party's duties and obligations under this agreement. Each party agrees to, and shall, to the extent permissible by law, indemnify and defend the other, its governing body, boards, commissions, officers, employees and agents, from any claims, suits or actions at law or in equity for any damages or loss, whatsoever, caused or alleged to have been caused, by and of the aforesaid acts or omissions. |
| |
|
7. |
Termination of Agreement |
| |
|
| |
Either party to this agreement may, at any time, terminate this agreement for the convenience of that party by giving 90-day written notice to the other party specifying the effective date of such termination. County shall be entitled to receive payment for services provided prior to termination of this agreement. The right of either party to terminate this agreement as provided herein shall continue during any extensions of this agreement. |
| |
|
8. |
Non-Discrimination |
| |
|
| |
No person shall illegally be excluded from participation in, denied the benefits of, or be subjected to discrimination under this agreement on account of their race, sex, color, national origin, religion, age, or disability. County shall ensure full equal employment opportunity for all employees under this agreement. |
| |
|
9. |
Merger Clause |
| |
|
| |
This agreement constitutes the sole agreement of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document's date. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing and signed by the Chairperson of C/CAG and the County Director of Public Works, or as otherwise provided for herein. |
| |
|
| |
|
|