Loading...
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, -3- 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 -5- 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