1985-081-Authorizing Execution Of Agreement For Emergency Communications ServiceRESOLUTION NO. 1985 -81
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT
FOR EMERGENCY COMMUNICATIONS SERVICE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS HEREBY RESOLVES
that the Town Manager is authorized to execute an interim agreement with the County
of Santa Clara to provide emergency communications (police) and local government
(parks, public works and engineer) radio communications services.
PASSED AND ADOPTED at a regular meeting of the Town Council
of the Town of Los Gatos this 20th day of
votes:
AYES: COUNCILMEMBERS
ATTEST:
May
1985, by the following
Terrence J. Daily, Thomas J. Ferrito,
Brent N. Ventura, and Mayor Joanne Benjamin
NOES: COUNCILMEMBERS None
ABSTAIN: COUNCILMEMBE
ABSENT: COUNCILMEMBER
None
Eric D. Carlson
SIGNED:
i Mayor of the T/4wn of Los Gatos
Cierk'of the Town of L s Gat
AGE: -
RED,
AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA gip•
AND THE TOWN OF LOS GATOS FOR THE PROVISION
OF EMERGENCY COMMUNICATIONS SERVICES
This agreement is entered in this day of BI- 2 3 1985 , 19
between the County of Santa Clara, a political subdivision of the State of
California, hereinafter referred to as "County," and the Town of Los Gatos,
California, a municipal corporation, hereinafter referred to as "Town."
The following constitutes the agreement terms and conditions between
the County and the Town for provision of emergency communications (police)
and local government radio communications (parks, public works and engineer)
services. Pursuant to this agreement the County will provide the Town with
a level of emergency and local government communications services as out-
lined in the "Description of .Services To Be Provided" section of this
agreement. The time for performance by the County is outlined under the
section of this agreement entitled "Service Date."
SERVICE DATE
This agreement shall become effective at 0001 hours on July 1, 1985,
and terminate at midnight December 31, 1985. With thirty (30) days' written
notice, the Town and the County may agree to extend this agreement beyond
midnight December 31, 1985, on a month -to -month basis. In the event the
Town's emergency communications center becomes operational prior to December
31, 1985, the Town and the County may agree in writing to terminate this
agreement prior to end of the term of this agreement. A thirty (30) days'
written notice by the County or the Town shall be required to terminate the
service before midnight December 31, 1985.
C. Radio Frequency Licensing
Each party shall retain any radio frequency license issued to it
by the Federal Communications Commission.
FEES, SCHEDULE OF PAYMENT
A. General Cost Determination
1. Budget:
The estimated annual operating costs to the Town shall be cal-
culated by the County Director of General Services by May 15,
1985. The estimated annual operating cost will be based on the
most current factual data then available to the Director. The
FY 1986 estimate shall not exceed $525,000.
2. Payments Based on Estimated Costs:
The County shall submit monthly invoice statements requesting
payment for services. The invoice shall be submitted to the
Town no later than the twentieth of the month.
The Town shall pay to the County monthly installments equal to
the number of months the Town receives communications services.
Each installment to be paid by the 20th day of each month, paid
one month in arrears, the amount of the payment will be one -
twelfth (1112) of the total estimated annual operating cost.
3. Determination of actual costs:
Within sixty (60) days after the close of the contract period,
the Director will deliver to the Town a statement of actual
costs of providing the described services during that period,
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or personal property, and arising in or by reason of or in
connection with performance under this agreement.
B. Impossibility of Performance
A party hereto sha I i not be liable for any failure to perform as
required by this agreement to the extent such failure to perform is
caused by any reason beyond the control of such party, or by reason
of any of the following occurrences: strikes, labor disturbances
or labor disputes of any character, failure of any governmental
approval required for full performance, riots, civil disorders or
commotions, war acts of aggression, floods, earthquakes, acts of
God, or similar occurrences; provided that, such party shall
exercise its best efforts to provide the best possible alternative
performance to prevent the foregoing occurrences from obstructing
full performance. Such occurrences shall not terminate this
agreement and shall not affect this agreement except as provided in
this section.
C. Notice
All notices required or given pursuant to this agreement shall be
deemed sufficiently given if in writing and if either personally
served upon, or mailed by registered or certified mail to the
respective chief executive officers.
D. Right to Assurance
Whenever one party to this agreement, in good faith has reason to
question the other party's intent to perform, he may demand that
the other party give written assurance of his intent to perform.
In the event that a demand is made and no assurance is given within
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specifically authorizing the alteration, amendment, or waiver. It is
understood, however, that some parts of this agreement are stated in general
terms to preserve a reasonable degree of flexibility. It is further
understood that the chief executive officers of the parties may execute
operating memoranda from time to time to clarify the rights and obligations
of the parties.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed on the respective dates written below.
APPROVED FOR THE TOWN OF LOS GATOS APPROVED FOR THE COUNTY OF SANTA CLARA
UL 2 3 1985
Town Ma ger Date Chairperson, Board of Supervisors Date
Rod DM ail
.7?1.:�
ITY:
ounse
ATT ST: DONALD M. R�AI
RS
ATTEST: lerk of the Bo a of
Cler Ton of Los Gatos e
-7-
c -s
3 1985