87-049 County of Santa Clara, Emergency Services, Emergency Management and Disaster •
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AGREEMENT FOR SERVICES
RELATED TO
EMERGENCY MANAGEMENT
AND DISASTER PREPAREDNESS
THIS AGREEMENT, made and entered into this day NofV 1 7 1987 , 19_,
by and between the city of Cupertino, a municipal corporation of the State of
California, hereinafter referred to as "City," and the County of Santa Clara
through its Office of Emergency Services, hereinafter referred to as "OES" .
WITNESSETH:
WHEREAS, OES has a presently existing emergency preparedness planning and
operations organization and,
WHEREAS, the Manager 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;
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. ) , see attached as follows:
1. Term
The term of this Agreement shall be from the date first above written and
shall continue unabated unless termination proceedings are initiated as
described below.
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 provide assistance as stated
in Exhibit A of 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 agrees to pay OES the sum of $4,000 (four thousand dollars) per
year which runs concurrent with the County' s fiscal year ending June 30.
OES will invoice the City at semi-annual intervals for one-half of the
agreed upon compensation ($2,000) .
In the event of termination by the City, 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.
The above-mentioned specific terms of compensation may be modified by
written consent of both parties.
4. Liaison
The City agrees to appoint a person at staff level as a liaison person to
OES and OES agrees to appoint the Manager of Emergency Services or an
Assistant Emergency Services Manager as Liaison to the City.
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5. Warranties
With respect to the services, plans, etc. , provided by OES under this
Agreement, City agrees to accept same without amy warranties, either express
or implied.
6. Hold Harmless
City 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 OES's performance of the
functions and/or services (or City'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.
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 respected representatives of OES and City as
follows:
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OES County of Santa Clara
Office of Emergency Services
70 West Redding Street, E. Wing, 11th Floor
San Jose, California 95110
Attn: Manager
City City of Cupertino
City Manager
10. Entire Agreement
This instrument constitutes the entire Agreement between OES and City
relative to the subject matter hereunder. OES and City 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 no force and effect.
IN WITNESS WHEREOF, the Office of Emergency Services, County of Santa
Clara (OES) , and City have caused their names to be subscribed hereto by their
duly authorized representative.
DATE: NOV 1 7 1887 OFFICE OF EMERGENCY SERVICES
COUNTY )0F SANT,"CLARA
Manager
APP: ! .)I',TO S•. AIITY Cit of Cupertino
i
Depu• • ounty Count By:
� 29J City Manger
DATE: TJ
THE FOREGOING INSTRUMENT IS A
CORP"=CT COPY OF THE f``= :INAL
ATTEST: DO4:''S._D i\i. Rr''.`rt ._
CLERK, ARD OF SUPERVISORS
I.
BY Al _
Deputy Clerk
0029ET - 4 -
DATE: NOV 1 7 1987
EXHIBIT A
Santa Clara County OES will provide assistance and direction relative to the
following tasks:
City of Cupertino
TASK (Priority Order)
1. Review and revise as necessary Basic Emergency Plan
2. Review and revise as necessary Service Annexes to Basic Plan
3. Review and revise as necessary Contingency Plans
4. Review and suggest revisions if necessary to emergency ordinances and
resolutions
5. Review and revise as necessary Standard Operating Procedures (SOPs)
6. Schedule and attend Disaster Council meetings
7. Conduct Emergency Management Exercise At Emergency Operations Center (EOC)
8. Check radiological monitoring instruments and arrange replacement as
necessary
9. Draft and submit Program Emphasis Paper
10. Draft and submit Project Applications as appropriate
11. Review and update as necessary Line Load Control list
12. Conduct liaison with local school districts
13. Submit request for and screen property in Surplus Property Program
14. Monitor State and Federal disaster preparedness information and
requirements and advise City on a timely basis of any local obligations
or opportunities.
15. Provide other services as may be mutually agreed.
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE OFFICE OF EMERGENCY SERVICES, COUNTY
OF SANTA CLARA, TO ENTER INTO AN AGREEMENT WITH THE CITY OF
CUPERTINO, RELATED TO EMERGENCY MANAGEMENT AND DISASTER PREPAREDNESS
WHEREAS, the Office of Emergency Services has a presently existing emergency
preparedness planning and operations organization, and;
WHEREAS, the Manager of the Office of Emergency Services has been given
authority by the Santa Clara County Board of Supervisors to enter
into agreements for services with the entities desiring such
services; and
WHEREAS, the Cupertino City Council finds it mutually advantageous to the
parties herein to have the Office of Emergency Services perform
certain services for the City of Cupertino.
BE IT RESOLVED, that the Santa Clara County Office of EmergAncy Service's
is authorized to sign the agreement to provide for
services on behalf of the County.
PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the
County of Santa Clara held on the 17th day of November 1987.
DIRIDON, LEGAN, LOFGREN, MCKENNA, WILSON
AYES: Supervisors:
NOES: Supervisors: HOME
ABSTAIN: Supervisors: HONE
ABSENT: Supervisors: NONE
SIGNED: •
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)orothy Roach airperson, Board of Supervis s
)eputy Clerk ATTEST: DIANNE McKENNA
It the Board THE FOREGOING INSTRUMENT IS A
If Supervisors �y
' CORRECT COPY OF THE
Donald M. Rain I ATTEST: DONALD fri. r°.:
Clerk of the Board of Supervisors CLERK, 'OARD OF SUPE;-,' ,:flPS
BY t : ' •
Deputy Clerk
DATE: NOV 1 '7 1587