1984-072-Approving Agreement For Services Related To Emergency Management And Disaster PreparednessRESOLUTION NO. 1984 -72
A RESOLUTION APPROVING AGREEMENT FOR
SERVICES RELATED TO EMERGENCY MANAGE -
MENT AND DISASTER PREPAREDNESS.
BE IT RESOLVED, and it is hereby resolved that the Town Council of
the Town of Los Gatos shall enter into that "Agreement for Services Related
to Emergency Management and Disaster Preparedness" with the County of Santa
Clara through its Office of Emergency Services (copy of which is attached
hereto); and
BE IT FURTHER RESOLVED that the Town Manager is hereby authorized
and directed to execute said Agreement in behalf of the Town of Los Gatos.
PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF LOS GATOS,
CALIFORNIA, at a regular meeting held this 7th day of
1984, by the following vote:
AYES: COUNCILMEMBERS Joanne Benjamin, Eric D.
Carlson. Terrence J. Daily, Brent N.
NOES: COUNCILMEMBERS Nona
ABSTAIN: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS None
J
r �
SIGNED: —
MAYOR, TOWN OF S" ATOS
ATTEST:
RK OF THE TOWN 0 LOS GAj
AGREEMENT FOR SERVICES
RELATED TO
EMERGENCY MANAGEMENT
AND DISASTER PREPAREDNESS
THIS AGREEMENT, made and entered into this 19th day of April ,
19 84 , by and between the Town of Los Gatos , a
municipal corporation of the State of California, hereinafter referred
to as "City /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 services; and,
WHEREAS, the Coordinator 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 OES perform certain functions for the said City /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.), and the Joint Exercise of Powers Act
(Government Code Sections 6500, et seq.), as follows:
1. Term
The term of this Agreement shall be from the date first above
written until completion of services, or termination as provided
herein, but not later than June 30 of the current fiscal year.
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 this Agreement OES will perform the functions
and /or services listed as Exhibit A to 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 City /Town agrees to pay OES the sum of 519,00 per hour not
to exceed 160 hours. The total charges by OES for services
described in Exhibit A shall not exceed three thousand dollars
($3,000.00).
OES will invoice the City /Town at three month intervals for in-
curred expenditures according to Task Schedule described in Exhibit A
attached hereto.
In the event of termination by the City /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.
4. Liaison
The City /Town agrees to appoint a person at staff level as a lia-
ison person to OES and OES agrees to appoint an Assistant Emergency
Services Coordinator as liaison to the City /Town.
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5. Warranties
With respect to the services, plans, etc., provided by OES under
this Agreement, City /Town agrees to accept same without any warranties,
either express or implied.
6. Hold Harmless
City /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
City /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 City /Town.
S. 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 respective representatives of
OES and City /Town as follows:
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OES: County of Santa Clara
Office of Emergency Services
Attn: Coordinator
70 West Hedding Street, 11th Floor
San Jose, California 95110
City /Town Town of Los Gatos
Town Manager
110 East Main Street
Los Gatos, California 95030
10. Entire Agreement
This instrument constitutes the entire Agreement between OES and
City /Town relative to the subject matter hereunder. OES and City /Town
expressly agree that all prior or contemporaneous oral agreements be-
tween 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 City /Town have caused their names to be sub-
scribed hereto by their duly authorized representative.
DATE: April 19, 1984 OFFICE OF EMERGENCY SERVICES
COUNTY OF SANTA jCLLARA
,Z. C--'
Coo dinator
A_oproved as tto Form nd Legali *_y:
Deputy'Count Counsel !/?
DATE: TOWN OF LOS GATOS
TWC:mj /3555
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By:
DAVID MORA, TOaN MAN.9GER
EXHIBIT A
Town of Los Gatos
TASK
EST. COMPLETION
TIME_
DATE
Revise Emergency Plan as necessary
6/84
40
hours
Conduct three (3) "Table Top" exercises
for Town staff
3/84
40
hours
(prep.)
9
hours
(pres.)
Conduct combination field /command post
4/28/84
exercise for Town staff
40
hours
(prep.)
7
hours
(pres.)
Preparation of emergency cost accounting
5/84
8
hours
system
Review and revise Engineering Annex
5/84
8
hours
Review all federal /state compliance
documents
5/84
8
hours
Total hours 160