Staff Report with attachments
PREPARED BY: Stephen Conway
Finance Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 6/21/2022 ITEM NO: 13
DATE: June 8, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Following Actions Related to the Cal OES Pass Through Grant
Subaward:
a. Accept a California Governor’s Office of Emergency Services (Cal OES)
Pass Through Grant Subaward in the Amount of $7,000,000 for Public
Safety and Emergency Resiliency;
b. Authorize a Revenue and Expenditure Budget Adjustment in the Amount
of $7,000,000 to Receive and Disburse the Subaward; and
c. Authorize the Town Manager to Execute Subrecipient Agreements with
the Implementing Agencies to Disburse the Cal OES Pass Through Grant
Subaward Based on the Original Grant Request
RECOMMENDATION:
Staff recommends that the Town Council authorize the following actions related to the Cal OES
Pass Through Grant Subaward:
a. Accept a California Governor’s Office of Emergency Services (Cal OES) Pass Through Grant
Subaward in the amount of $7,000,000 for Public Safety and Emergency Resiliency;
b. Authorize a revenue and expenditure budget adjustment in the amount of $7,000,000 to
receive and disburse the subaward; and
c. Authorize the Town Manager to execute subrecipient agreements with the implementing
agencies to disburse the Cal OES Pass Through Grant Subaward based on the original grant
request
BACKGROUND:
On May 7, 2021, the West Valley cities (Town of Los Gatos, City of Monte Sereno, City of
Saratoga, City of Cupertino, and City of Campbell) together with Santa Clara County Fire
Department (SCCFD) submitted a State Assembly budget request for public funds to enhance
the public safety and emergency resiliency of the West Valley cities in the event of wildfire,
earthquake, and other humanmade and natural disasters.
PAGE 2 OF 3 SUBJECT: Cal OES Pass Through Grant Subaward for Public Safety and Emergency Resiliency DATE: June 13, 2022
BACKGROUND (continued):
The request, in collaboration with Assemblymember Evan Low, was presented to the Assembly
Budget Committee and was ultimately approved. Town of Los Gatos has been appointed by the
California Governor’s Office of Emergency Services (Cal OES) to be the subrecipient of the funds
totaling $7,000,000 and is responsible for distributing the funds to the subrecipient West Valley
cities listed in Attachment 1
DISCUSSION:
The full funding of $7.0 million was received this fiscal year. Below is a summary of the
requested amounts and the associated programming:
The Defensible Space Wildland Fire Specialist Program will help the Town of Los Gatos along
with the Cities of Monte Sereno, Saratoga, and Cupertino implement a pilot defensible space
Wildland Fire Specialist Program for our communities to be implemented and overseen by
Santa Clara County Fire Department (SCCFD). The amount requested for this program is $2.0
million.
The City of Campbell requested funding for a Resilient Emergency and Police Department
Operations Center (EOC/DOC) project. The total amount requested for this is $3.9 million and
would help them fund for the design and construction of the new Emergency and Police
Department Operations Center. The initial plan for this project was to be funded through an
approved Measure O obligation fund in 2018. Due to significant revenue declines caused by
the COVID-19 pandemic, the projected Measure O bond proceeds were not met. With the help
of this funding, the City can provide long-lasting and resilient benefit to the Campbell
community and West Valley region.
Along with the projects previously mentioned, $1.0 million will be allocated to City of
Cupertino. With this money, $500,000 will be appropriated towards a one-time Business
Continuity and Resilience program and the other $500,000 will be appropriated for emergency
coordination and communication enhancement in the Emergency Operations Center.
The remaining $100,000 will be allocated to City of Saratoga. With this allocation, the City will
organize an incentive program that will encourage property owners to harden structures
against fire in the Wildland Urban Interface (WUI). This program will prioritize older adults,
people with disabilities, and individuals with economic hardships.
PAGE 3 OF 3 SUBJECT: Cal OES Pass Through Grant Subaward for Public Safety and Emergency Resiliency DATE: June 13, 2022
CONCLUSION:
Staff recommends that the Town Council authorize the Town Manager to execute agreements
with the implementing cities and authorize the revenue and expenditure budget adjustments.
COORDINATION:
This report and the agreements were coordinated with the Town Attorney’s and the Town
Manager’s Offices.
FISCAL IMPACT:
If Council approves this item, the Town will receive the subgrant and distribute the entire
proceeds to the implementing cities based on their original requests.
ENVIRONMENTAL ASSESSMENT:
The requested actions are not considered a project defined under CEQA, and no further action
is required.
Attachments:
1. Cal EOS Pass Through Grant Subaward for Public Safety and Emergency Resiliency
2. Agreement with City of Campbell
3. Agreement with Santa Clara County Fire Department
4. Agreement with City of Cupertino
5. Agreement with City of Saratoga
This Page Intentionally Left Blank
ATTACHMENT 1
May 7, 2021
VIA: ELECTRONIC MAIL
The Honorable Evan Low
California State Assembly
State Capitol, Room 4126
Sacramento, CA 95814
RE: Assembly Budget Request – West Valley Cities Public Safety and Emergency Resiliency
Dear Assemblymember Low,
The West Valley Cities and our collaborating agency appreciate the overture to submit an Assembly
Budget request. The Town of Los Gatos, City of Monte Sereno, City of Saratoga, City of Cupertino,
City of Campbell, and the Santa Clara County Fire Department (SCCFD) respectfully submit the
following request to enhance the public safety and emergency resiliency of the West Valley in the event
of wildfire, earthquake, and other manmade and natural disasters.
While our communities have our own unique individual characteristics, we share many very real common
threats. The magnitude of response required to effectively manage an earthquake, wildfire or other
disasters will quickly overwhelm our individual communities and require a coordinated regional
response. To that end, our collaborative budget request is for $7 million to increase wildfire preparedness,
prepare our business community appropriately, and modernize our Emergency Operation and Police
Department Operation Centers (EOC/DOC).
Los Gatos, Monte Sereno, Saratoga, and Cupertino all either encompass or abut Wildland Urban Interface
(WUI) and Very High Fire Hazard Severity Zones (Attachment 1). We have all made great strides
individually to address the risk of wildfire in our communities, but collectively we can have a greater
impact for our residents. As the map illustrates, wildfire knows no boundaries and a risk for one is a risk
to all (Attachment 1). This funding will help to implement a pilot defensible space Wildland Fire
Specialist Program for our communities to be implemented and overseen by Santa Clara County Fire
Department (SCCFD). The City of Montecito established a similar program in 1994 and it is widely
credited with sparing the city from the ravages of the 2017 Thomas Fire, now the seventh largest wildfire
in California history. The request would also provide funding to provide economic incentives to
modernize structures in the WUI to current Fire Code standards, such as upgrading wood shake roofs to
fire resistant Class A materials.
In addition, to ensure an effective regional response in any emergency situation, all our communities
need state-of-the-art effective Emergency Operation Centers and Police Department Operations Centers
(EOC/DOC). This request will help West Valley cities achieve safe, modern, and technologically
advanced EOCs and DOCs capable of facilitating regional joint emergency training and operation
activities when mutual aid is needed.
And lastly, the pandemic clearly illustrated that many of our small to medium-sized businesses were ill
prepared to respond to a disaster. Many businesses either know little, or never prioritize, effective
emergency planning. This funding request would provide a one-time Business Continuity and Resilience
program to provide resiliency improvements and technical assistance to businesses in emergency
planning.
As disasters have plagued our state over the years, never has the importance of a collaborative regional
approach to emergency preparedness and planning been more apparent. Our budget request would
provide SCCFD with the funding to pilot a Wildland Fire Specialist Program, create incentives to harden
structures in the WUI, enhance the effectiveness of our EOCs and DOCs to respond to emergencies,
provide critical mutual aid, and help our business community better prepare for the eventual next disaster.
Even during these challenging budgetary times, there is nothing more important than safeguarding our
residents and our communities. As such our West Valley Cities collaboration has chosen a selfless path
to this budget request knowing that protecting one of our communities from the potential ravages of
disasters protects all our communities.
Sincerely,
MAYOR MARICO SAYOC MAYOR SHAUN LEUTHOLD
Town of Los Gatos City of Monte Sereno
MAYOR YAN ZHAO MAYOR DARCY PAUL
City of Saratoga City of Cupertino
MAYOR ELIZABETH “ LIZ” GIBBONS CHIEF TONY BOWDEN
City of Campbell Santa Clara County Fire Department
LAUREL PREVETTI STEVEN LEONARDIS
Town of Los Gatos Town Manager City of Monte Sereno City Manager
JAMES LINDSAY DEBORAH FENG
City of Saratoga City Manager City of Cupertino City Manager
BRIAN LOVENTHAL
City of Campbell City Manager
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RESILIENT EMERGENCY AND POLICE DEPARTMENT OPERATIONS CENTER GRANT AGREEMENT Page 1 of 5
ATTACHMENT 2
AGREEMENT BETWEEN TOWN OF LOS GATOS AND CITY OF CAMPBELL FOR THE Cal OES PASS THROUGH GRANT SUBAWARD
THIS AGREEMENT is made and entered into on ______________(DATE) by and between the Town
of Los Gatos, a California municipal corporation, (“Los Gatos”) and the City of Campbell, a
California municipal corporation (herein called “Campbell”). This Agreement is made with
reference to the following facts.
I. RECITALS
1.1 Los Gatos, in conjunction with Campbell, submitted an Assembly Budget Request to the
Assembly Budget Committee for the Resilient Emergency and Police Department
Operations Center (EOC/DOC).
1.2 Los Gatos was awarded a $7,000,000 grant from the California Governor’s Office of
Emergency Services (“Cal OES”) to be allocated between various entities as set forth in
Exhibit A to this Agreement, and over which Los Gatos was appointed to be the
administrator of this grant.
1.3 Campbell was awarded a $3,900,000 (“Campbell Funds” from the $7,000,000 grant from
Cal OES to help Campbell achieve safe, modern, and technologically advanced EOCs and
DOCs capable of facilitating regional joint emergency training and operation activities
when mutual aid is needed.
II. AGREEMENTS
2.1 Scope of Services. Los Gatos will be responsible for administering the allocation to
Campbell in a manner consistent with any standards required as a condition of providing
these funds, which are hereby incorporated by reference and attached as Exhibit A.
Campbell will be responsible for using the funds consistent with the grant application and
approval and the standards set forth in Exhibit A. Los Gatos shall disburse the entire
amount of the Campbell Funds to Campbell by June 30,2022.
2.2 Term and Time of Performance. Program performance may retroactively begin on July 1,
2021, for purposes of determining eligible expenses unless otherwise noted in Exhibit A.
Accordingly, services of Campbell shall start on the 1st day of July 2021 and end on the 30th
day of June 2024 but may be extended and remain in effect during any period that
Campbell has control over the funds, if any. The term of this Agreement and the
provisions herein may be extended by mutual agreement in writing to cover any additional
time period consistent with grant requirements. Such extension may be based upon
remaining initial funding under this Agreement or funding of which Los Gatos remains in
control of from Cal OES funds or other assets.
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RESILIENT EMERGENCY AND POLICE DEPARTMENT OPERATIONS CENTER GRANT AGREEMENT Page 2 of 5
ATTACHMENT 2
2.3 Budget. Campbell will incorporate this grant funding in accordance with applicable
Governmental Accounting and Auditing Standards and procedures as provided by
Campbell’s financial policies and procedures.
2.4 Payment. It is expressly agreed and understood that the total amount to be paid by Los
Gatos under this Agreement shall not exceed the amount shown in Exhibit A.
2.5 Notices. Notices required by this Agreement shall be in writing and delivered via mail
(postage prepaid), commercial courier, personal delivery, facsimile, or other electronic
means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery.
Notices sent by mail are presumed delivered after (5) days. All written communications
under this Agreement shall be addressed to the individuals in the capacities listed below,
unless otherwise modified by subsequent written notice.
Communications and details concerning this Agreement shall be directed to the following
representatives:
Los Gatos Campbell
Town of Los Gatos City of Campbell
Attention: Laurel Prevetti Attn: Will Fuentes
Title: Town Manager Title: Finance Director
110 E. Main St 70 N. First St.
Los Gatos, CA 95030 Campbell, CA 95008
lprevetti@losgatosca.gov willf@campbellca.gov
2.6 Conditions.
A. "Independent Contractor"
Nothing contained in this Agreement is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee between
the parties. Campbell shall at all times remain an "independent contractor" with
respect to the services to be performed under this Agreement.
B. Hold Harmless
Each party shall hold harmless, defend and indemnify the other party from any and
all claims, actions, suits, charges and judgments whatsoever that arise out of its
performance or nonperformance of the obligations set forth in this Agreement.
C. Indemnification
Each party shall indemnify, defend, and hold harmless the other party from any
claim, liability, loss, injury or damage arising out of, or in connection with, its
performance of this Agreement or the performance of its agents, employees or sub-
contractors.
2.7 Administrative Requirements.
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ATTACHMENT 2
A. Financial Management
1. Accounting Standards & Cost Principles
Los Gatos agrees to comply with Governmental Accounting Standards Board (GASB)
accounting principles and procedures required therein, utilize adequate internal
controls, and maintain necessary source documentation for all costs incurred.
B. Documentation and Record Keeping
1. Records to be Maintained
Campbell shall maintain all records required by Los Gatos and the State of
California.
2. Close-outs
Campbell’s obligation to Los Gatos shall not end until all close-out requirements are
completed. Activities during this close-out period shall include, but are not limited
to: making final payments, disposing of program assets (including the return of all
unused materials, equipment, unspent cash advances, program income balances,
and accounts receivable to Subrecipient), and determining the custodianship of
records. Notwithstanding the foregoing, the terms of this Agreement shall remain
in effect during any period that Campbell has control over the funds, including
program income.
C. Reporting
Campbell shall report on an annual basis for the Fiscal Year (FY) ending June 30th.
All program expenses related to the funds received under this Agreement are due
by September 30th of each FY during the term of this Agreement.
D. Procurement
1. Compliance with Regulations
Campbell shall procure all materials, property, or services in accordance with its
Purchasing Policies and Procedures.
2.8 Assignability. Campbell shall not assign or transfer any interest in this Agreement without
the prior written consent of Los Gatos: provided, however, that claims for money due or to
become due to Campbell from Los Gatos under this Agreement may be assigned to a bank,
trust company, or other financial institution without such approval. Notice of any such
assignment or transfer shall be furnished promptly to Los Gatos.
III. GENERAL TERMS
3.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder, nor
does waiver of a breach or default under this Agreement constitute a continuing waiver of
a subsequent breach of the same or any other provision of this Agreement.
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ATTACHMENT 2
3.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and
construed to the laws of the State of California. Venue for any action regarding this
Agreement shall be in the Superior Court of the County of Santa Clara.
3.3 Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the parties.
3.4 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and
exclusive statement of the Agreement between the Los Gatos and Campbell. No terms,
conditions, understandings or agreements purporting to modify or vary this Agreement,
unless hereafter made in writing and signed by the party to be bound, shall be binding on
either party. Unless otherwise prohibited by law or Campbell’s policy, the parties agree
that an electronic copy of a signed contract, or an electronically signed contract, has the
same force and legal effect as a contract executed with an original ink signature. The term
“electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail,
or other electronic means of a copy of an original signed contract in a portable document
format. The term “electronically signed contract” means a contract that is executed by
applying an electronic signature using technology approved by Campbell.
IN WITNESS WHEREOF, the parties have executed this Agreement.
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Recommended by:
Department Head
Campbell, by:
Printed Name and Title
[add approved as to form sig block for
Campbell too]
Approved as to Form:
Gabrielle Whelan, Town Attorney
[attestation not necessary if agreement will not
be recorded]
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ATTACHMENT 2
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DEFENSIBLE SPACE WILDLAND FIRE SPECIALIST PILOT PROGRAM Page 1 of 5
ATTACHMENT 3
AGREEMENT BETWEEN TOWN OF LOS GATOS AND SANTA CLARA COUNTY CENTRAL FIRE PROTECTION DISTRICT FOR THE Cal OES PASS THROUGH GRANT SUBAWARD
THIS AGREEMENT is made and entered into on ______________(DATE) by and between the Town
of Los Gatos, a California municipal corporation, (“Los Gatos”) and the Santa Clara County Central
Fire Protection District, a California special district (herein called “County Fire” or “Implementing
Agency”). This Agreement is made with reference to the following facts.
I. RECITALS
1.1 Los Gatos, in conjunction with the Implementing Agency and the Cities of Cupertino,
Monte Sereno, and Saratoga submitted an Assembly Budget Request to the Assembly
Budget Committee for the Wildland Urban Interface (WUI) Structure Hardening Incentives.
1.2 Los Gatos was awarded a $7,000,000 grant from the California Governor’s Office of
Emergency Services (“Cal OES”) to be allocated between various entities as set forth in
Exhibit A to this Agreement, and over which Los Gatos was appointed to be the
administrator of this grant.
1.3 Implementing Agency was awarded a $2,000,000 (“County Fire Funds”) from the
$7,000,000 grant from Cal OES to implement a pilot defensible space wildland fire
mitigation program, (“Program”) for our communities and to be implemented and
overseen by County Fire, the Implementing Agency.
II. AGREEMENTS
2.1 Scope of Services. Los Gatos will be responsible for administering the allocation to
Implementing Agency in a manner consistent with any standards required as a condition of
providing these funds, which are hereby incorporated by reference and attached as Exhibit
A. Implementing Agency will be responsible for using the funds consistent with the grant
application and approval and the standards set forth in Exhibit A. Los Gatos shall disburse
the entire amount of the County Fire Funds by June 30, 2022.
2.2 Term and Time of Performance. Program performance may retroactively begin on July 1,
2021, for purposes of determining eligible expenses unless otherwise noted in Exhibit A.
Accordingly, services of Implementing Agency shall start on the 1st day of July 2021 and
end on the 30th day of June 2024 but may be extended and remain in effect during any
period that Implementing Agency has control over the funds. The term of this Agreement
and the provisions herein may be extended by mutual agreement in writing to cover any
additional time period consistent with grant requirements. Such extension may be based
upon remaining initial funding under this Agreement or funding of which Los Gatos
remains in control of from Cal OES funds or other assets.
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ATTACHMENT 3
2.3 Budget. Implementing Agency will incorporate this grant funding in accordance with
applicable Governmental Accounting and Auditing Standards and procedures as provided
by Implementing Agency’s financial policies and procedures.
2.4 Payment. It is expressly agreed and understood that the total amount to be paid by Los
Gatos under this Agreement shall not exceed the amount shown in Exhibit A.
2.5 Notices. Notices required by this Agreement shall be in writing and delivered via mail
(postage prepaid), commercial courier, personal delivery, facsimile, or other electronic
means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery.
Notices sent by mail are presumed delivered after (5) days. All written communications
under this Agreement shall be addressed to the individuals in the capacities listed below,
unless otherwise modified by subsequent written notice.
Communications and details concerning this Agreement shall be directed to the following
representatives:
Los Gatos Implementing Agency
Town of Los Gatos Santa Clara County Fire District
Attn: Laurel Prevetti Attn: Veronica Niebla
Title: Town Manager Title: Director of Business Services
110 E. Main St 14700 Winchester Blvd.
Los Gatos, CA 95030 Los Gatos, CA 95032
lprevetti@losgatosca.gov
2.6 Conditions.
A. "Independent Contractor"
Nothing contained in this Agreement is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee between
the parties. Implementing Agency shall at all times remain an "independent
contractor" with respect to the services to be performed under this Agreement.
B. Hold Harmless
Each party shall hold harmless, defend and indemnify the other party from any and
all claims, actions, suits, charges and judgments whatsoever that arise out of its
performance or nonperformance of the obligations set forth in this Agreement.
C. Indemnification
Each party shall indemnify, defend, and hold harmless the other party from any
claim, liability, loss, injury or damage arising out of, or in connection with, its
performance of this Agreement or the performance of its agents, employees or sub-
contractors.
2.7 Administrative Requirements.
A. Financial Management
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ATTACHMENT 3
1. Accounting Standards & Cost Principles
Los Gatos agrees to comply with Governmental Accounting Standards Board (GASB)
accounting principles and procedures required therein, utilize adequate internal
controls, and maintain necessary source documentation for all costs incurred.
B. Documentation and Record Keeping
1. Records to be Maintained
Implementing Agency shall maintain all records required by Los Gatos and the State
of California.
2. Close-outs
Implementing Agency’s obligation to Los Gatos shall not end until all close-out
requirements are completed. Activities during this close-out period shall include,
but are not limited to: making final payments, disposing of program assets
(including the return of all unused materials, equipment, unspent cash advances,
program income balances, and accounts receivable to Subrecipient), and
determining the custodianship of records. Notwithstanding the foregoing, the
terms of this Agreement shall remain in effect during any period that Campbell has
control over the funds, including program income.
C. Reporting
Implementing Agency shall report on an annual basis for the Fiscal Year (FY) ending
June 30th. All program expenses related to the funds received under this
Agreement are due by September 30th of each FY during the term of this
Agreement.
D. Procurement
1. Compliance with Regulations
Implementing Agency shall procure all materials, property, or services in
accordance with its Purchasing Policies and Procedures.
2.8 Assignability. Implementing Agency shall not assign or transfer any interest in this
Agreement without the prior written consent of Los Gatos: provided, however, that claims
for money due or to become due to Implementing Agency from Los Gatos under this
Agreement may be assigned to a bank, trust company, or other financial institution
without such approval. Notice of any such assignment or transfer shall be furnished
promptly to Los Gatos.
III. GENERAL TERMS
3.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder, nor
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ATTACHMENT 3
does waiver of a breach or default under this Agreement constitute a continuing waiver of
a subsequent breach of the same or any other provision of this Agreement.
3.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and
construed to the laws of the State of California. Venue for any action regarding this
Agreement shall be in the Superior Court of the County of Santa Clara.
3.3 Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the parties.
3.4 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and
exclusive statement of the Agreement between the Los Gatos and Implementing Agency.
No terms, conditions, understandings or agreements purporting to modify or vary this
Agreement, unless hereafter made in writing and signed by the party to be bound, shall be
binding on either party. Unless otherwise prohibited by law or County Fire policy, the
parties agree that an electronic copy of a signed contract, or an electronically signed
contract, has the same force and legal effect as a contract executed with an original ink
signature. The term “electronic copy of a signed contract” refers to a transmission by
facsimile, electronic mail, or other electronic means of a copy of an original signed
contract in a portable document format. The term “electronically signed contract” means a
contract that is executed by applying an electronic signature using technology approved by
County Fire.
IN WITNESS WHEREOF, the parties have executed this Agreement.
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Recommended by:
Department Head
Implementing Agency, by:
By: Mike Wasserman, President
Board of Directors
Signed and certified that a copy of this
document has been delivered by electronic or
other means to the President, Board of
Directors.
ATTEST:
Tiffany Lennear
Clerk of the Board of Directors
Date: ____________________
APPROVED AS TO FORM AND LEGALITY
Christopher R. Cheleden
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ATTACHMENT 3
Lead Deputy County Counsel
[add approved as to form sig block for
Campbell too]
Approved as to Form:
Gabrielle Whelan, Town Attorney
[attestation not necessary if agreement will not
be recorded]
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ATTACHMENT 4
AGREEMENT BETWEEN TOWN OF LOS GATOS AND CITY OF CUPERTINO FOR THE Cal OES PASS THROUGH GRANT SUBAWARD
THIS AGREEMENT is made and entered into on ______________(DATE) by and between the Town
of Los Gatos, a California municipal corporation, (“Los Gatos”) and the City of Cupertino, a
California municipal corporation (herein called “Cupertino”). This Agreement is made with
reference to the following facts.
I. RECITALS
1.1 Los Gatos, in conjunction with Cupertino, submitted an Assembly Budget Request to the
Assembly Budget Committee for the Resilient Emergency Operations Center and Business
Continuity Resilience Program.
1.2 Los Gatos was awarded a $7,000,000 grant from the California Governor’s Office of
Emergency Services (“Cal OES”) to be allocated between various entities as set forth in
Exhibit A to this Agreement, and over which Los Gatos was appointed to be the
administrator of this grant.
1.3 Cupertino was awarded a $1,000,000 (“Cupertino Funds”) from the $7,000,000 grant from
Cal OES to help initiate the Business Continuity Resilience Program which will provide
resiliency improvements and technical assistance to businesses in emergency planning.
This funding will also help Cupertino to enhance their Emergency Operations Center to
support city and regional response.
II. AGREEMENTS
2.1 Scope of Services. Los Gatos will be responsible for administering the allocation to
Cupertino in a manner consistent with any standards required as a condition of providing
these funds, which are hereby incorporated by reference and attached as Exhibit A.
Cupertino will be responsible for using the funds consistent with the grant application and
approval and the standards set forth in Exhibit A. Los Gatos shall disburse the entire
amount of the Cupertino Funds to Cupertino by June 30, 2022.
2.2 Term and Time of Performance. Program performance may retroactively begin on July 1,
2021, for purposes of determining eligible expenses unless otherwise noted in Exhibit A.
Accordingly, services of Cupertino shall start on the 1st day of July 2021 and end on the 30th
day of June 2024 but may be extended and remain in effect during any period that
Cupertino has control over the funds, if any. The term of this Agreement and the
provisions herein may be extended by mutual agreement in writing to cover any additional
time period consistent with grant requirements. Such extension may be based upon
remaining initial funding under this Agreement or funding of which Los Gatos remains in
control of from Cal OES funds or other assets.
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ATTACHMENT 4
2.3 Budget. Cupertino will incorporate this grant funding in accordance with applicable
Governmental Accounting and Auditing Standards and procedures as provided by
Cupertino’s financial policies and procedures.
2.4 Payment. It is expressly agreed and understood that the total amount to be paid by Los
Gatos under this Agreement shall not exceed the amount shown in Exhibit A.
2.5 Notices. Notices required by this Agreement shall be in writing and delivered via mail
(postage prepaid), commercial courier, personal delivery, facsimile, or other electronic
means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery.
Notices sent by mail are presumed delivered after (5) days. All written communications
under this Agreement shall be addressed to the individuals in the capacities listed below,
unless otherwise modified by subsequent written notice.
Communications and details concerning this Agreement shall be directed to the following
representatives:
Los Gatos Cupertino
Town of Los Gatos City of Cupertino
Attn: Laurel Prevetti Attn: Kristina Alfaro
Title: Town Manager Title: Administrative Services Director
110 E. Main St 10300 Torre Ave
Los Gatos, CA 95030 Cupertino, CA 95014
lprevetti@losgatosca.gov kristinaa@cupertino.org
2.6 Conditions.
A. "Independent Contractor"
Nothing contained in this Agreement is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee between
the parties. Cupertino shall at all times remain an "independent contractor" with
respect to the services to be performed under this Agreement.
B. Hold Harmless
Each party shall hold harmless, defend and indemnify the other party from any and
all claims, actions, suits, charges and judgments whatsoever that arise out of its
performance or nonperformance of the obligations set forth in this Agreement.
C. Indemnification
Each party shall indemnify, defend, and hold harmless the other party from any
claim, liability, loss, injury or damage arising out of, or in connection with, its
performance of this Agreement or the performance of its agents, employees or sub-
contractors.
2.7 Administrative Requirements.
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A. Financial Management
1. Accounting Standards & Cost Principles
Los Gatos agrees to comply with Governmental Accounting Standards Board (GASB)
accounting principles and procedures required therein, utilize adequate internal
controls, and maintain necessary source documentation for all costs incurred.
B. Documentation and Record Keeping
1. Records to be Maintained
Cupertino shall maintain all records required by Los Gatos and the State of
California.
2. Close-outs
Cupertino’s obligation to Los Gatos shall not end until all close-out requirements
are completed. Activities during this close-out period shall include, but are not
limited to: making final payments, disposing of program assets (including the return
of all unused materials, equipment, unspent cash advances, program income
balances, and accounts receivable to Subrecipient), and determining the
custodianship of records. Notwithstanding the foregoing, the terms of this
Agreement shall remain in effect during any period that Cupertino has control over
the funds, including program income.
C. Reporting
Cupertino shall report on an annual basis for the Fiscal Year (FY) ending June 30th.
All program expenses related to the funds received under this Agreement are due
by September 30th of each FY during the term of this Agreement.
D. Procurement
1. Compliance with Regulations
Cupertino shall procure all materials, property, or services in accordance with its
Purchasing Policies and Procedures.
2.8 Assignability. Cupertino shall not assign or transfer any interest in this Agreement without
the prior written consent of Los Gatos: provided, however, that claims for money due or to
become due to Cupertino from Los Gatos under this Agreement may be assigned to a
bank, trust company, or other financial institution without such approval. Notice of any
such assignment or transfer shall be furnished promptly to Los Gatos.
III. GENERAL TERMS
3.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder, nor
does waiver of a breach or default under this Agreement constitute a continuing waiver of
a subsequent breach of the same or any other provision of this Agreement.
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3.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and
construed to the laws of the State of California. Venue for any action regarding this
Agreement shall be in the Superior Court of the County of Santa Clara.
3.3 Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the parties.
3.4 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and
exclusive statement of the Agreement between the Los Gatos and Cupertino. No terms,
conditions, understandings or agreements purporting to modify or vary this Agreement,
unless hereafter made in writing and signed by the party to be bound, shall be binding on
either party. Unless otherwise prohibited by law or Cupertino’s policy, the parties agree
that an electronic copy of a signed contract, or an electronically signed contract, has the
same force and legal effect as a contract executed with an original ink signature. The term
“electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail,
or other electronic means of a copy of an original signed contract in a portable document
format. The term “electronically signed contract” means a contract that is executed by
applying an electronic signature using technology approved by Cupertino.
IN WITNESS WHEREOF, the parties have executed this Agreement.
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Recommended by:
Department Head
Cupertino, by:
Printed Name and Title
[add approved as to form sig block for
Cupertino too]
Approved as to Form:
Gabrielle Whelan, Town Attorney
[attestation not necessary if agreement will not
be recorded]
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This Page Intentionally Left Blank
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ATTACHMENT 5
AGREEMENT BETWEEN TOWN OF LOS GATOS AND CITY OF SARATOGA FOR THE Cal OES PASS THROUGH GRANT SUBAWARD
THIS AGREEMENT is made and entered into on ______________(DATE) by and between the Town
of Los Gatos, a California municipal corporation, (“Los Gatos”) and the City of Saratoga, a
California municipal corporation (herein called “Saratoga”). This Agreement is made with
reference to the following facts.
I. RECITALS
1.1 Los Gatos, in conjunction with Saratoga, submitted an Assembly Budget Request to the
Assembly Budget Committee for the Wildland Urban Interface (WUI) Structure Hardening
Incentives.
1.2 Los Gatos was awarded a $7,000,000 grant from the California Governor’s Office of
Emergency Services (“Cal OES”) to be allocated between various entities as set forth in
Exhibit A to this Agreement, and over which Los Gatos was appointed to be the
administrator of this grant.
1.3 Saratoga was awarded a $100,000 (“Saratoga Funds”) from the $7,000,000 grant from Cal
OES to initiate an incentive program to encourage property owners to bring their
structures in the WUI of the City to harden their structures and them into compliance with
current Fire Code standards.
II. AGREEMENTS
2.1 Scope of Services. Los Gatos will be responsible for administering the allocation to
Saratoga in a manner consistent with any standards required as a condition of providing
these funds, which are hereby incorporated by reference and attached as Exhibit A.
Saratoga will be responsible for using the funds consistent with the grant application and
approval and the standards set forth in Exhibit A. Los Gatos shall disburse the entire
amount of the Saratoga Funds to Saratoga by July 15, 2022.
2.2 Term and Time of Performance. Program performance may retroactively begin on July 1,
2021, for purposes of determining eligible expenses unless otherwise noted in Exhibit A.
Accordingly, services of Saratoga shall start on the 1st day of July 2021 and end on the 30th
day of June 2024 but may be extended and remain in effect during any period that
Saratoga has control over the funds, if any. The term of this Agreement and the provisions
herein may be extended by mutual agreement in writing to cover any additional time
period consistent with grant requirements. Such extension may be based upon remaining
initial funding under this Agreement or funding of which Los Gatos remains in control of
from Cal OES funds or other assets.
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ATTACHMENT 5
2.3 Budget. Saratoga will incorporate this grant funding in accordance with applicable
Governmental Accounting and Auditing Standards and procedures as provided by
Saratoga’s financial policies and procedures.
2.4 Payment. It is expressly agreed and understood that the total amount to be paid by Los
Gatos under this Agreement shall not exceed the amount shown in Exhibit A.
2.5 Notices. Notices required by this Agreement shall be in writing and delivered via mail
(postage prepaid), commercial courier, personal delivery, facsimile, or other electronic
means. Any notice delivered or sent as aforesaid shall be effective on the date of delivery.
Notices sent by mail are presumed delivered after (5) days. All written communications
under this Agreement shall be addressed to the individuals in the capacities listed below,
unless otherwise modified by subsequent written notice.
Communications and details concerning this Agreement shall be directed to the following
representatives:
Los Gatos Saratoga
Town of Los Gatos City of Saratoga
Attn: Laurel Prevetti Attn: Nick Pegueros
Title: Town Manager Title: Finance Director
110 E. Main St 13777 Fruitvale Avenue
Los Gatos, CA 95030 Saratoga, CA 95014
lprevetti@losgatosca.gov npegueros@saratoga.ca.us
2.6 Conditions.
A. "Independent Contractor"
Nothing contained in this Agreement is intended to, or shall be construed in any
manner, as creating or establishing the relationship of employer/employee between
the parties. Saratoga shall at all times remain an "independent contractor" with
respect to the services to be performed under this Agreement.
B. Hold Harmless
Each party shall hold harmless, defend and indemnify the other party from any and
all claims, actions, suits, charges and judgments whatsoever that arise out of its
performance or nonperformance of the obligations set forth in this Agreement.
C. Indemnification
Each party shall indemnify, defend, and hold harmless the other party from any
claim, liability, loss, injury or damage arising out of, or in connection with, its
performance of this Agreement or the performance of its agents, employees or sub-
contractors.
2.7 Administrative Requirements.
A. Financial Management
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ATTACHMENT 5
1. Accounting Standards & Cost Principles
Los Gatos agrees to comply with Governmental Accounting Standards Board (GASB)
accounting principles and procedures required therein, utilize adequate internal
controls, and maintain necessary source documentation for all costs incurred.
B. Documentation and Record Keeping
1. Records to be Maintained
Saratoga shall maintain all records required by Los Gatos and the State of
California.
2. Close-outs
Saratoga’s obligation to Los Gatos shall not end until all close-out requirements are
completed. Activities during this close-out period shall include, but are not limited
to: making final payments, disposing of program assets (including the return of all
unused materials, equipment, unspent cash advances, program income balances,
and accounts receivable to Subrecipient), and determining the custodianship of
records. Notwithstanding the foregoing, the terms of this Agreement shall remain
in effect during any period that Saratoga has control over the funds, including
program income.
C. Reporting
Saratoga shall report on an annual basis for the Fiscal Year (FY) ending June 30th.
All program expenses related to the funds received under this Agreement are due
by September 30th of each FY during the term of this Agreement.
D. Procurement
1. Compliance with Regulations
Saratoga shall procure all materials, property, or services in accordance with its
Purchasing Policies and Procedures.
2.8 Assignability. Saratoga shall not assign or transfer any interest in this Agreement without
the prior written consent of Los Gatos: provided, however, that claims for money due or to
become due to Saratoga from Los Gatos under this Agreement may be assigned to a bank,
trust company, or other financial institution without such approval. Notice of any such
assignment or transfer shall be furnished promptly to Los Gatos.
III. GENERAL TERMS
3.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder, nor
does waiver of a breach or default under this Agreement constitute a continuing waiver of
a subsequent breach of the same or any other provision of this Agreement.
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ATTACHMENT 5
3.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and
construed to the laws of the State of California. Venue for any action regarding this
Agreement shall be in the Superior Court of the County of Santa Clara.
3.3 Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the parties.
3.4 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and
exclusive statement of the Agreement between the Los Gatos and Saratoga. No terms,
conditions, understandings or agreements purporting to modify or vary this Agreement,
unless hereafter made in writing and signed by the party to be bound, shall be binding on
either party. Unless otherwise prohibited by law or Saratoga’s policy, the parties agree
that an electronic copy of a signed contract, or an electronically signed contract, has the
same force and legal effect as a contract executed with an original ink signature. The term
“electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail,
or other electronic means of a copy of an original signed contract in a portable document
format. The term “electronically signed contract” means a contract that is executed by
applying an electronic signature using technology approved by Saratoga.
IN WITNESS WHEREOF, the parties have executed this Agreement.
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Recommended by:
Department Head
Saratoga, by:
Printed Name and Title
[add approved as to form sig block for
Saratoga too]
Approved as to Form:
Gabrielle Whelan, Town Attorney
[attestation not necessary if agreement will not
be recorded]
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