1985-027-Approving Agreement For Services Related To Emergency Management And Disaster PreparednessRESOLUTION NO. 1985 -27
A RESOLUTION APPROVING AGREEMENT FOR
SERVICES RELATED TO EMERGENCY MANAGE-
MENT AND DISASTER PREPAREDNESS (1985)
BE IT RESOLVED, and it is hereby resolved that the Town Council of the
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
March
, 1985, by the following vote:
4th
day of
AYES: COUNCILMEMBERS Terrence J. Daily, Thomas
J. Ferrito, Brent N. Ventura and Mayor
Joanne Benjamin
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS Eric D. Carlson
ABSTAIN: COUNCILMEMBERS
r1
SIGNED:
MAYOR, TOWN OF LOS"'GATO5`
ATTEST:
CLERK 'OF THE TOWN OF LOS GA TV`
ONIr :JERK
AGREEENT FOR SERVICES IHH:
RELATED TO REC:
EMERGENCY MANAGEMENT
AND DISASTER PREPAREDNESS Eli'
THIS AGREEMENT, made and entered into this 4th day of March ,
19 _3_L_, 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 ".
TATTFMMQCT;WM I
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 Pacers 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
ccarpletion 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 the 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 $ 19.00 per hour not to
exceed 210 hours. The total charges by OES for services described in Exhibit A
shall not exceed four thousand dollars ($4,000.00)
OES will invoice the City /Town at semi- annual intervals for incurred
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 /Tbwn agrees to appoint a person at staff level as a liaison person
to OES and OES agrees to appoint an Assistant Emergency Services Coordinator as
liaison to the City /Town.
5. Warranties
With respect to the services, plans, etc., provided by OES under this
Agreement, City /Down agrees to accept same without any warranties, either express
or implied.
- 2 -
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 DES'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.
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 respective representatives of OES and City /Town as
follows:
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IDES County of Santa Clara
Office of Emergency Services
70 West Hedding Street, 11th Floor
San Jose, California 95110
Attn: Coordinator
City /Town
10. Entire Agreement
Town of Los Gatos
Town Manager
110 Fast Main Street
Los Gatos, California 95030
This instrument constitutes the entire Agreement between OES and City /Town
relative to the subject matter hereunder. IDES and City /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 nor
force and effect.
IN WITNESS WHE WF, the Office of Emergency Services, County of Santa Clara
(OES), and City /Town have caused their names to be subscribed hereto by their duly
authorized representative.
DATE: March 6, 1985 OFFICE OF EMRGENG'Y SERVICES
COUNTY-OF SANTA CLARA
OF LOS GATOS
By: ��