2000-130-Authorizing The Town Manager To Execute Memorandum Of Agreement With Fema To Participate In Cooperating Technical Community ProjectRESOLUTION 2000 -130
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING 'THE TOWN MANAGER TO EXECUTE
MEMORANDUM OF AGREEMENT WITH FEMA TO PARTICIPATE IN
COOPERATING TECHNICAL COMMUNITY PROJECT
WHEREAS, the Town of Los Gatos (TOWN) has been asked by the Federal Emergency
Management .Agency (FEMA) to enter into the .attached Memorandum of Agreement (Exhibit A)
to formally join the project partnership and participate in a Cooperating Technical Community
(CTC) project, and
WHEREAS, a critical component of this project is the identification and mapping of the
Town's flood plains to create abroad-based awareness of the flood hazard, and
WHEREAS, FEMA encourages strong Federal, State, regional, and local partnerships
for the purposes of reducing flood losses and disaster assistance, and
WHEREAS, FEMA, and its State, regional, and local partners have determined that it is
advantageous to encourage and formalize .greater cooperation inn the flood hazard identification
and mapping process, and
WHEREAS, the Town has expressed. a desire to perform certain fiulctions in the flood
hazard identification process acid has provided evidence that it has sufficient technical
capabilities to do so, and
WHEREAS, FEMA desires to enter into a Memorandum of Agreement with the Town
to .maintain accurate, up-to-date flood hazard data for the Town subject to t11e terms and
conditions outlined in the Agreement.
NOW, THEREFORE, the Town Manager is authorized and directed to execute said
Agreement on behalf of the Town authorizing participation in a CTC Project.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 6t" day of November, 2000 by the following voter
COUNCIL MEMBERS:
AYES: Randy Attaway, Jan Hutchins, Linda Lubeck, Joe Pirzynslci,
Mayor Steven Blanton,
NAYS: None
ABSENT: None
ABSTAIN.: None
ATOS
ATTEST.:
CLERIC OF THE TOWN O OS GATOS
LOS GA.TOS, CALIFORNIA
TOS, CALIFORNIA
TvWn Of LOS Gatvs and the
FEDERAL EMERGENCYMANAGEMENTRGENCY
Cooperating Technical Community
Memorandum of Agreement
AGREEMENT is made onNOVfMBER X2000 by these parties: The Town of Los Gatos.(State of
California) and the Federal Emergency Management Agency (FEMA).
CCU • ~ ~j~
BECAUSE the National Flood Insurance Program (NFIl') established by the National Flood Insurance Act
of 1968 has several purposes, the most significant being
• To better indemnify .individuals from losses through the availability of flood insurance;
• To reduce future flood damages through community floodplain management regulations; and
• To reduce costs for disaster assistance and flood control.
BECAUSE a critical component of this program is the identification and mapping of the nation's
floodplains to create abroad-based awareness of the flood hazard and to provide the data necessary .for
community floodplain management ..programs and to actuarially .rate .flood insurance;
BECAUSE the Federal Emergency Management .Agency (FEMA) administers the National Flood
Insurance Program (NFIP) and is authorized by §1360 of the National Flood Insurance Act of 1968, as
amended (42 U.S.C. 4101), to establish and update flood-risk zone data in floodplain areas. Further, in the
identification offlood-.prone areas, FEMA is authorized to consult with, receive information from, and
enter into agreements or other arrangements with the head of any State, regional, or local agency in order
to identify these floodplain areas.
BECAUSE FEMA encourages strong Federal, State, regional, and local partnerships for the purposes of
reducing flood losses and disaster assistance; and FEMA and its State, .regional, and local partners have
determined that it is advantageous to encourage and formalize greater cooperation in the flood ,hazard
identification and mapping processes; and many communities and the agencies that serve them have
developed considerable technical capabilities and resources that provide the opportunity to improve and
expand the collection, development, and evaluation of flood hazard data; and
BECAUSE the Town of Los Gatos participates in the NFIl' ,and the Town of Los Gatos has been
deemed by FElVIA to be in good standing in the NFIP; and
BECAUSE the Town of Los Gatos has expressed a desire to perform certain functions in the flood hazard
identification ,process and has ,provided evidence that it .has sufficient technical capability and will dedicate
the resources necessary to perform those functions.
NOW THEREFORE, it is .mutually agreed. that the parties enter into this agreement to work together to
create and maintain accurate, up-to-date flood .hazard data for the Town of Los Gatos subject to the terms
.and conditions recited below.
CTC Partnership Agreement (5/20/99)
1. CONSULTATIONS
The parties shall collaborate on flood hazard identification activities and shall consult with each other to
fully integrate each other's contributions into flood hazard identification efforts. Questions regarding the
execution of the agreement will be resolved by an implementation committee consisting of a FEMA
representative and the Town of Los Gatos represented by the Santa Clara Valley Water District, If this
committee is unable to resolve technical issues the resolution may be accomplished through alternative
dispute .resolution procedures.
2. EVALUATION AND REPORTING
The parties shall annually review the partnership created by the agreement to determine and document the
activities undertaken to maintain accurate flood hazard data, .and to revise the agreement as necessary.
3. RESOURCE COMMITMENT
The parties agree to commit the appropriate human., technical, and available financial resources sufficient to
coordinate effectively with all entities impacted by flood hazard identification .efforts to implement this
agreement,
4. STANDARDS
Unless otherwise indicated, all flood hazard identification activities will be accomplished according to
FEMA's Guidelines and Specifications for Study Contractors (FEMA 37) dated 1/95 and FEMA's
Guidelines and Specifications for Flood Map Production Coordination Contractors dated 2/17/99, and all
.subsequent .revision to these documents.
5. SPECIFIC INITIATIVES
Specific initiatives or projects to be performed will be forward through and :negotiated by the .Santa Clara
Valley Water District.
6. TERM
The :respective duties, .responsibilities and commitments of the parties in this agreement shall begin on the
date this Agreement is signed by the parties and maybe periodically renewed, .revised, or terminated at the
option of any of the parties. fihe parties agree that a 60-day notice shall be given prior to the termination
of this agreement,
THEREFORE, each party has caused this Agreement to be executed by its duly authorized
representatives on the date mentioned above.
ATTEST.:
MARIAN V. COSGROVE, TOWN CLERK
Town of Los Gatos, Authorized Representative
.DEBRA J. FIGONE, TOWN MANAGER
Date
APPROVED AS TO FORM:
F'EMA Authorized Representative:
Sally Ziolkowski, Director, Mitigation Division, RIX
ORRY KORB, TOWN ATTORNEY
Date
CTC Partnership Agreement (5/20/99)