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1988-186-Approving The Agreement With County Of Santa Clara Office Of Emergency Management And Disaster Preparedness AssistanceRESOLUTION NO. 1988 - 186 -A RESOLUTION APPROVING THE AGREEMENT WITH COUNTY OF SANTA CLARA OFFICE OF EMERGENCY MANAGEMENT AND DISASTER PREPAREDNESS ASSISTANCE RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the TOWN OF LOS GATOS enter into an agreement with the County of Santa Clara Office of Emergency Services for Emergency Management and Disaster Preparedness Assistance, and that the Town Manager is authorized, and is hereby directed, to execute said agreement in the name and in behalf of the TOWN OF LOS GATOS. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 3 day of October , 1988 by the following vote: AYES: COUNCIL MEMBERS Joanne Benjamin, Thomas J. Ferrito, Robert L. Hamilton Brent N. Ventura and Mayor Eric D. Carlson NOES: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS None None SIGNED MAYOR OF THE TOWN OF LOS GATOS ATTEST: SR. DEPUTY CLERK OF THEJN OF LOS GATOS RESOLUTION NO. A RESOLUTION AUTHORIZING THE OFFICE OF EMERGENCY SERVICES, COUNTY OF SANTA CLARA, TO ENTER INTO AN AGREEMENT WITH THE CITIES OF LOS GATOS S MONTE SERENO, RELATED TO EMERGENCY MANAGEMENT AND DISASTER PREPAREDNESS WHEREAS, The Office of Emergency Services has a presently existing emergency preparedness planning and operations organization, and; WHEREAS, the Manager of The Office of Emergency Services has been given authority by the Santa Clara County Board of Supervisors to enter into agreements for services with the entities desiring such services; and WHEREAS, the Los Gatos and Monte Sereno City Councils find it mutually advantageous to the parties herein to have The Office of Emergency Services perform certain services for them. BE IT RESOLVED, that the Manager of The Office of Emergency Services for Santa Clara County is authorized to sign the agreement to provide for services on behalf of the County. PASSED AND ADOPTED at a regular meeting of Board of Supervisors of the County of Santa Clara held on 0, [p 1 € ;9 ,8 o AYES: Supervisors: QIRID0N I ``(;�'r r k' iF SON NOES: Supervisors: NONE ABSTAIN: Supervisors ABSENT: Supervisors SI Donald M. Rains N Clerk of the Board of Supervisors APPROVED TO FORM AND LEGALITY 1 Deputy Coupn-_tyf Counsel cI 1 DATE: Em NQNF AGREEMENT FOR SERVICES RELATED TO EMERGENCY MANAGEMENT AND DISASTER PREPAREDNESS THIS AGREEMENT, made and entered into this .--F_ day of /A , 19 , by and between the Town of Los Gatos, a municipal corporation of the State of California, hereinafter referred to as "Town," and the County of Santa Clara through its Office of Emergency Services, hereinafter referred to as "OES." WITNESSETH: WHEREAS, OES has a presently existing emergency preparedness planning and operations organization and, WHEREAS, the Manager of OES has been given authority by the Santa Clara County Board of Supervisors to enter into agreements for service with the entities desiring such services; and, WHEREAS, it would be mutually advantageous to the parties herein to have DES perform certain functions for the said Town; NOW, THEREFORE, in consideration of the covenants and agreements herein contained, it is mutually agreed, in accordance with the terms and provisions of the California Emergency Services Act (Government Code Sections 8550, et seq.), see attached as follows: 1. Term The term of this Agreement shall be from the date first above written and shall continue unabated unless termination proceedings ace initiated as described below. This Agreement may be terminated by either party by written notice to the other party not less than thirty (30) days in advance of the termination date. 2. Scope of Service During the period of the Agreement OES will provide assistance as stated in Exhibit A of this document. The terms Emergency Services, Civil Defense, Civil Preparedness and /or Emergency Management are synonymous and as used herein shall have the same meaning. 3. Compensation The Town agrees to pay OES the sum of $4,000 (four thousand dollars) per year which runs concurrent with the County's fiscal year ending June 30. However, the Town will only pay OES $2,000 for the remainder of the 88 -89 fiscal year. DES will invoice the Town at semi- annual intervals for one -half of the agreed upon compensation ($2,000) except for the 88 -89 fiscal year, wherein the total compensation for the year will be $2,000. In the event of termination by the Town, OES will exercise diligence to reduce incurred expenditures from the date of receipt of notice. Upon termination OES, as its sole remedy, shall have the right to retain all payment previously received, and for reimbursement of all expenditures not previously received until the date of termination. The above - mentioned specific terms of compensation may be modified by written consent of both parties. 4. Liaison The Town agrees to appoint a person at staff level as.a liaison person to OES and OES agrees to appoint the Manager of Emergency Services or an -Assistant Emergency Services Manager as Liaison to the Town. - 2 - 5. Warranties With respect to the services, plans, etc., provided by OES under this Agreement, Town agrees to accept same without any warranties, either express or implied. 6. Hold Harmless Town agrees to indemnify, defend and hold harmless OES and the County of Santa Clara, its officers, agents and employees from and against any and all claims, losses, injuries, demands, suits or judgments, including the cost of defense thereof, arising from or in connection with OES's performance of the functions and /or services (or Town's utilization of same) referred to in this Agreement, except for such loss, injury or damage caused by the negligent acts or omissions of the officers, agents or employees of OES 7. Status of Parties This is an Agreement by and between independent contractors and is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association between OES and /or the County of Santa Clara and Town. 8. insurance Each party shall bear the responsibility and cost of procuring and maintaining whatever insurance coverage each deems necessary to cover their individual activities under this Agreement. 9. Notices All notices shall be deemed to have been given when made in writing and delivered or mailed to the respected representatives of OES and Town as follows: - 3 - OES County of Santa Clara Office of Emergency Services 70 West Hedding Street, E. Wing, 11th Floor San Jose, California 95110 Attn: Manager City Town of Los Gatos Town Manager 10. Entire Agreement This instrument constitutes the entire Agreement between OES and Town relative to the subject matter hereunder. OES and Town expressly agree that all prior or contemporaneous oral agreements between and among themselves and their agents or representatives relative to the subject of this Agreement shall be of no force and effect. IN WITNESS WHEREOF, the Office of Emergency Services, County of Santa Clara (OES), and Town have caused their names to be subscribed hereto by their duly authorized representative. DATE: _APPROVER TO —FORM AND LEGALITY \"Deputy County Counsel DATE.QE2'gti�al 1n 0029ET OFFICE OF EMERGENCY SERVICES COUNTY OF SANTA CLARA Manager Town of Los Gatos By:. C7 Town Manager - 4 - EXHIBIT A Santa Clara County OES will provide assistance and direction relative to the following tasks: City of Los Gatos TASK (Priority Order) 1. Review and revise as necessary Basic Emergency Plan 2. Review and revise as necessary Service Annexes to Basic Plan 3. Review and revise as necessary Contingency Plans 4. Review and suggest revisions if necessary to emergency ordinances and resolutions 5. Review and revise as necessary Standard Operating Procedures (SOPS) 6. Schedule and attend Disaster Council meetings 7. Conduct Emergency Management Exercise At Emergency Operations Center (EOC) 8. Check radiological monitoring instruments and arrange replacement as necessary 9. Draft and submit Program Emphasis Paper 10. Draft and submit Project Applications as appropriate 11. Review and update as necessary Line Load Control list 12. Conduct liaison with local school districts 13. Submit request for and screen property in Surplus Property Program 14, Monitor State and Federal disaster preparedness information and requirements and advise City on a timely basis of any local obligations or opportunities. 15. Provide other services as may be mutually agreed.