1994-145-Execute An Interim Agreement With County Of Santa Clara Adopting The Santa Clara County Operational Area Disaster And Recovery OrganizationRESOLUTION 1994 - 145
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE INTERIM AGREEMENT
WITH COUNTY OF SANTA CLARA ADOPTING THE SANTA CLARA COUNTY
OPERATIONAL AREA DISASTER AND RECOVERY ORGANIZATION
WHEREAS, SB 1841 (Petris) and Government Code Section 8607(a) require that a
standardized emergency management system agreement for operational areas (counties) be
developed and in place by December 1, 1995; and
WHEREAS, Operational areas must also agree to use the standardized emergency
management system and the incident command system to manage disaster response and recovery
operations.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos
that the Town Manager is authorized to execute an agreement with County of Santa Clara adopting
the Santa Clara County Operational Area Disaster and Recovery Organization Interim Agreement
dated 06/20/94.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 3rd day of October, 1994, by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
NOES: None
ABSENT: Steven Blanton
AGR:�..d_I %
REf°a�:
SANTA CLARA COUNTY BID:
OPERATIONAL AREA DISASTER RESPONSE AND RECOVERY ORGANIZATION
INTERIM AGREEMENT
This Agreement is made this_ day of _, 1994 by and between the County of Santa
Clara, ( "COUNTY'), Special ( "DISTRICTS "), and the jurisdictions of Campbell, Cupertino,
Gilroy, Los Altos, Los Altos Hills, Los Gatos, Milpitas, Morgan Hill, Monte Sereno,
Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga, and Sunnyvale, ( "CITIES ").
RECITALS
WHEREAS the potential for a major catastrophe due to earthquake, flood, or other natural or
manmade disaster causes all governmental entities within Santa Clara County to be prepared to
share resources and information among themselves as well as with the State of California in
order to protect the public welfare; and
WHEREAS greater efficiency in mitigation, planning, response and recovery can be achieved
by joining the efforts of the CITIES, DISTRICTS, and the COUNTY together in pre - disaster
agreements; and
WHEREAS California Government Code §§ 8559, 8605, and 8607 define an Operational Area
as an intermediate level of the state emergency services organization consisting of a county and
all political subdivisions within the county area and establishes the Standardized Emergency
Management System ( "SEMS ") to perform coordinated disaster response and recovery operations
by providing a focal point and conduit for disaster intelligence information, mutual aid requests
and efficient management of resources; and
WHEREAS, because California Government Code 8607 does not require local governments
within a county geographic area to be organized into a single operational area until December
1, 1995, the parties recognize the need for a temporary agreement to provide an interim disaster
response and recovery organization until a formal operational area agreement is developed and
implemented;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. RECOGNITION OF AND PARTICIPATION IN AN OPERATIONAL AREA FOR
DISASTER RESPONSE AND RECOVERY OPERATIONS
The parties to this Agreement recognize an Operational Area, as that term is defined in the
California Emergency Services Act (Government Code Section 8550 et seq.) which designates
an intermediate level of organization for coordination and communication between political
subdivisions within Santa Clara County boundaries. The parties agree to participate in an
organizational structure, or Operational Area Organization, which is a planning partnership for
a systematic approach limited to exchanging disaster intelligence, mutual aid requests and
resource requests in order to foster the effective flow of such disaster information and resource
requests in emergencies, and to prepare for disasters through cooperative training and exercise
(06/20/94) Page I SCCEMA
SANTA CLARA OPERATIONAL AREA
OPAREA INTERIM AGREEMENT
activities. Each of the parties to this Agreement shall designate individuals to be trained to staff
technical functions in the Operational Area Emergency Operations Center ( "EOC "). Each party
to this Agreement shall also designate, in writing, a line of succession of officials who are
empowered to speak on behalf of the party at the Operational Area Organization.
2. CONSIDERATION
The consideration under this Agreement is the mutual advantage of protection afforded to each
of the parties under this Agreement. There shall not be any monetary compensation required
from any party to another party as a condition of assistance provided under this agreement,
except for reimbursement of direct costs as designated in mutual aid agreements. Nothing in
this agreement shall be construed as altering any pre- existing disaster response agreements
betweeti the parties. Nothing in this agreement shall be construed as altering coordination of
fire and law enforcement resources accomplished through their respective mutual aid systems.
3. STANDARDIZED EMERGENCY MANAGEMENT SYSTEM• INCIDENT
COMMAND SYSTEM and /or MULTI- AGENCY COORDINATION SYSTEM
California Code of Regulations, Title 19, Division 2, Office of Emergency Services,
Standardized Emergency Management System shall regulate Operational Area disaster response
and recovery procedures. The Santa Clara Operational Area Organization Disaster Response
Standard Operating Procedures based on the Incident Command System and developed for the
OASIS project shall be the primary method and criteria used to conduct Operational Area EOC
operations. The Santa Clara County Emergency Services Manager, and his /her designated
alternates, will act as the Operational Area EOC Coordinator in matters affecting disaster
information sharing, mutual aid requests, and resource management.
4. PROVISION OF FACILITIES AND SUPPORT
The COUNTY shall provide an emergency operations center located at 55 West Younger
Avenue, San Jose, California, as the site for the Operational Area EOC. The COUNTY will
provide EOC support staff and all necessary supplies for the Operational Area Organization EOC
during actual operations and drills. All parties to this Agreement may provide staff for the
decision making and operational positions of the Operational Area Organization.
5. TERM OF AGREEMENT
The Agreement shall be effective from the date it is executed until it is rescinded by a formal
agreement. This Agreement may be terminated at any time by agreement of a majority of the
parties.
6. WITHDRAWAL OF A PARTY
Any parry to this Agreement may withdraw as a party to this Agreement prior to the termination
(06/20194) Page 2 SCCEMA
SANTA CLARA OPERATIONAL AREA
OPAREA INTERIM AGREEMENT
of this Agreement upon giving thirty (30) calendar days written notice to the other parties.
Notice shall be deemed to have been given three days after such notice is posted by first class
U.S. Mail or, alternatively, sent by confirmed facsimile to each existing party to this Agreement.
7. ADDITIONAL PARTIES
Additional organizations, which are public entities, including but not limited to special districts,
within the geographical boundaries of Santa Clara County, may join in this Agreement and
become parties thereto upon execution of an Amendment to this Agreement. Such Amendments
shall be signed by the chief executive or administrative officer of the organization and may not
contain limitations to or deviations from the terms and conditions contained in this Agreement.
The executed Amendment shall automatically become a part of this agreement after the
expiration of thirty (30) calendar days following the notification of intent, in the fashion stated
in Section 6 above, by the new party to all existing parties, of the execution of the Amendment.
Notwithstanding this provision, any existing party to this Agreement may give notice, within the
thirty (30) day period and in the fashion stated in Section 6 above, to all other existing parties
of its objection to the addition to this Agreement of the new party. In such event, the addition
to this Agreement of the new party shall require the unanimous consent of the existing parties.
8. INDEMNIFICATION AND HOLD HARMLESS
Each of the parties agrees to hold the other parties harmless and to indemnify each other, its
officers, agents and employees, from and against any and all actions, lawsuits, or other
proceedings which may arise as a result of the performance of this agreement.
9. SALARIES EMPLOYMENT AND WORKER'S COMPENSATION BENEFITS
The salaries, employment and Workers's Compensation benefits of each employee participating
in the Operational Area Organization shall be the responsibility of the party that employs the
individual. It is understood that each party's employees have no rights, benefits, or special
employment status conferred by reason of this Agreement.
IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
AS FOLLOWS:
Jurisdiction Representative(s) / Title(s)
Santa Clara County By:
By:
Title
Title
Santa Clara County By:
By:
Transportation Agency Title
Title
(06/20/94) Page 3 SCCEMA
SANTA CLARA OPERATIONAL AREA
OPAREA INTERIM AGREEMENT
Campbell
By:
By:
Title
Title
Cupertino
By:
By:
Title
Title
Palo Alto
By:
By:
Title
Title
Santa Clara
By:
By:
Title
Title
Mountain View
By:
By:
Title
Title
Gilroy
By:
By:
Title
Title
Los Altos
By:
By:
Title
Title
Los Altos Hills
By:
By:
Title
Title
Los Gatos
By:
By:
Title
Title
Morgan Hill
By:
By:
Title
Title
Monte Sereno
By:
By:
Title
Title
SCV Water District
By:
By:
Title
Title
Saratoga
By:
By:
Title
Title
Milpitas
By:
By:
Title
Title
(06/20/94) Page 4 SCCEMA
SANTA CLARA OPERATIONAL AREA
San Jose
Sunnyvale
OPAREA INTERIM AGREEMENT
By: By:
Title Title
By: By:
Title Title
(U6/20/94) Page 5 SCCEMA
TOWN OF LOS GATOS:
David W. Knapp, Town Manager
APPROVED AS TO FORM:
Larry Anderson, Town Attorney
ATTEST:
Marian V. Cosgrove
Clerk of the Town of Los Gatos
Date
Date
Date
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