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6) Mid-Year Adjustments: The cost of providing twenty-two (22) additional <br /> hours of library service is based on a projected salary increase of 5% <br /> and increased operating costs in the new facility. Should salary <br /> increases be higher than anticipated as a result of further pay equity <br /> adjustments ~n 1988/89, and/or should utility costs in the new facility <br /> exceed estimated costs, the County Librarian may return to the Pleasanton <br /> City Council to negotiate a mid-year funding adjustment to pay for <br /> personnel and/or operating costs. <br /> <br /> A mid-year adjustment will also be made in the event that any of the <br /> following occurs: 1}the date of the opening of the new library is <br /> postponed so that the additional fifteen {15} hours begin later than <br /> October; 2}subsequent agreement is reached that shifts the <br /> responsibility for the payment of utilities, janitorial and other <br /> building-related costs from the County to the City; 3)additional <br /> augmented services are approved by the City Council. <br /> <br />7) Option to Terminate or Renegotiate Contract: This contract is predicated <br /> on the assumption that library service levels will remain constant. <br /> Should any circumstance arise which changes both County Library funding <br /> levels and levels of service, either party shall have the right to <br /> terminate or renegotiate this agreement by giving at least thirty {30} <br /> days written notice. <br /> <br />8} Liabi.lity: <br /> <br /> a} All persons employed in the performance of such services and <br /> functions for City of Pleasanton shall be County employees, and no City <br /> employees as such shall be taken over by the County and no person <br /> hereunder shall have any City pension, Civic Service, or other status or <br /> right. <br /> <br /> b} The City shall not be called upon to assume any liability for the <br /> direct payment of any salary, wages, or other compensation to any County <br /> personnel performing services hereunder for the City, or any liability <br /> other than that provided for in this agreement. <br /> <br /> Except as herein otherwise specified, the City shall not be liable for <br /> compensation or indemnity to any County employee for injury or sickness <br /> arising out of his/her employment. <br /> <br /> c) The County will assume liability and pay cost of defense and hold the <br /> City harmless from loss, costs or expenses caused by the negligent or <br /> wrongful act or omission of County officers, agents and employees <br /> occurring in the performance of agreements between the parties hereto to <br /> the extent that such liability is imposed on the City by the provisions <br /> of Section 895.2 of the Government Code of the State of California. In <br /> addition, when liability arises pursuant to Section 830 et seq., of the <br /> Government Code, by reasons of a dangerous condition of public property <br /> of the County, the County shall assume liability and pay cost of defense <br /> and hold the City harmless from loss, costs or expenses caused by the <br /> negligent or wrongful act or omission of County officers, agents and <br /> employees, whether or not arising in the performance of an agreement <br /> between the parties hereto. <br /> <br /> CITY: COUNTY: <br /> <br /> City Manager Chairman, Board of Supervisors <br /> CITY OF PLEASANTON COUNTY OF ALAMEDA <br /> P.O. Box 520 , Administration Building <br /> Pleasanton, CA 94566 1221 Oak Street <br /> Oakland, CA 94612 <br /> <br /> <br />