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CC Resolution No. 9191RESOLUTION NO. 9191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING THE CITY MANAGER TO EXECUTE THE SANTA CLARA COUNTY OPERATIONAL AREA DISASTER AND RECOVERY ORGANIZATION INTERIM AGREEMENT 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 I, 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, BE IT RESOLVED that the City Council of the City of Cupertino does hereby authorize the City Manager to execute the Santa Clara County Operational Area Disaster and Recovery Organization Interim Agreement. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of September, 1994, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Members oftbe Ci~ Council Bautista, Burnett, Dean, Sorensen, Koppel None None None APPROVED: s/ Barb Koppel Mayor, City of Cupertino ATTEST: s/ Kim Marie Smith City Clerk SANTA CLARA COUNTY OPERATIONAL AREA DISASTER RESPONSE AND RECOVERY ORGANIZATION INTERIM AGREEMEJ\i'T This Agreement is made this_ day of _, 1994 by and betwe e n 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 r.,otential for a m;ijor catastrophe due to earthquake, flood, or other natural or manmade disaster causes all governme:1tal entities within Santa Clara County to be prepared to share resources and information among themselves as well as with the State of California in orc!er to protect the public ~·elfare ; 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 ·.vithin the county area and establishes the Standardized Emerg~ncy Management System ("SEMS") to perform coordinated disaster response and recovery operations by prov iding 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 I, 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 : I. RECOGNITION OFAND PARTICIPATION IN AN OPERATIONAL AREA FOR DISASTER RESPONSE AND RECOVERY OPERATIONS The parties to this Agreement recognize an Operational Area, as that tennis 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, whlch 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 -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 -1 - SANTA CLARA OPERATIONAi., AREA OPAREA INTERIM AGREEMENT 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. CONSIDER~ TION 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 :issistance provided under this agreement, except for reimbun;ement of direct costs as ..;esig!lated in mutual aid agreements. Nothing in this agreement shall be construed as altering any pre-existing disaster response agreements between 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 MA.t-lAGEMENT 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 Se _rvices 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 a.TJd 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 party to this Agreement may withdraw as a party to this Agreement prior to the termination of t.his 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. -2- SANTA CLARA OPER-\TIONAL AREA OPAREA {:-IT'ERIM AGREEMENT 7. ADDITIONAL PARTIES Additional organizations, which are public entities, including but not limited to special districts, witbia the geographical boundaries of Santa Clara County, may join in this Agreement and become parties thereto upon execution of an Amendment to th.is Agreemen,. Such Amendments shall !:,e signed by the chief executive or administrative officer of the organization and may not contain limitations to or deviatiom from the terms and conditions contained in this Agreement. The executed A..'Tiendment shall automatically become a part of mis 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 Ule parties agrees to hold the other parties harmless and to indemnify each othe.r, 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 speciui employment status conferred by reason of th.is Agreement. IN WITNESS WHEREOF THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT AS FOLLOWS: Jurisdiction Representative(s) / Title(s) Santa Clara County By:~~ Attest:...J,,.;l~'1f""loWol'J4:._:__-=:::~:51:,,.,. Chairperson, Board of Supervisors Clerk, B tl of Supervisors MICHAEL M . H~f S 1995 PHYLLIS A. P~REZ APPROVED AS TO FORM AND LEGALITY: ~/4Ud3-/5-f:5 County Co I -3- ~· SANTA CLARA OPERATIONAL AREA OPAilEA INTERIM AGREEMENT Cupertino By: By: Title Title Palo AJto 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: Tit!~ Title SCV Water District By: By: Title Title Saratoga By: By: Title Title Milpitas By: By: Title Title (06/20/94) SCCEMA SANTA CLARA OPERATIONAL AREA OPAREA INTERIM AGREEMENT Campbell By: By: Title -Title I . 7 ~nt~ Cupertino By:,~~ By: Title c t'f' tiager Title City Clerk 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 G~tos By: By: Title Title Morgan Hill By: By: Title Title F-.!onte Sereno By: By: Title Title SCV Water District By: By:' Title Title Saratoga By: By: Title Title Milpitas By: By: Title Title (06/20/9 ◄) SANTA CLARA OPERATIONAL AREA OPA!'lEA INTERJM AGREE.1\-f..ENT Campbell By: By : Title Title Cupertino By : Title Palo Alto By: By: Titl 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 Distrlct By: By: Title -Title Saratoga By: By: Title Title Milpitas By: By: Title Title (06/2019-1) SCCDI,\ ,, SAJ'ITA CLARA OPERATIONAL AREA Campbell Cupertino . Palo Alto s~ B·~••'3• ayor Mountain View Gilroy Los Altos Los Altos Hills Los Gatos Morgan Hill Monte Sereno SCV Water District Saratoga Milpitas (06/20194) OPAREA INTERIM AGREEMENT By: By: Title Title By: By: Title Title By : By: Tiile Title By~ Ur\'l\0-lr-( ~ cVUH.t\tt13y: Ti~e J: Ci tf} Ma~~er Title : '-' APPROVF.D ~ 70 FORM By: By : Title Title By : By: Title Title By : By: Title Title By: By: Title Title By: By: Title Title By: By: Title Title By: By: Title Title By: By: Title Title By: By: Title Title By: By: Title Title SCCEMA / •S,U,'TA CLARA OPERATIONAL AREA Ori.PE.A ll'-,'TERIM AGREEMENT Campbell By: By: Title Title Cupertino By: By: Title Title Palo Alto By: Ry: Tirle Title Santa Clara By: By: Title · q ~ Title Mountain View Byts · • _,__.,. By: r • ' ,, ' r, . r ~ . . 1 fi e ilt' i...-t{✓i /DC:, L.errl1:}~ ( 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) SCCEMA SANTA CLARA OPERATIO:',;AL ARE A OPAREA INTERIM AGREEMLNT Campbell By: By: Title Title Cupertino By : By: Tide Title Palo Alto By: By: Title Title Santa Clara By : By: ·r:tle Title ~ Mountain View By: Tit!A 0½ Gilroy '2t4 ~,I • By: Susanne E. Steinmetz Title City Clerk ,¥ Los Altos By: By: Title Title Los Altos Hills By: By: Title Title Los Gatos By: By: Tit.le 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) SANTA CLARA OPERATIONAL AREA OP AREA INTERIM . 1GREEMENT Campbell By: By: Title Title Cupertino By: By: Title Title Palo Alto By: By: Title Title Sa,'lta Clara By: By : Title Title Mountain View By: By: Title Title Gilroy By: By: Title Title Los Altos Hi 11 s By: By: Title Title Los Altos By:!k-~ By: Title c.i+'1 Mo .-,a Title Los Gatos By: By: Tit!.! Title Morgan Hill By: By: Title Title Mont~ Sereno By: By: Title Tit1e SCV Water District By: By: Title Title Saratoga By: Bv· ., . Tit!e Title Milpitas By: By: Title Title sec OPERATI0:0-AL AREA OPAREA AGREE!',•.'E!'IT Cupertino By: By: Tille Title Palo Alto By : By: Tille Title Santa Clara By : By: Title Title Mountain View By: By: Title Title Gilroy By: By: Title Title ~ By: By : n4 Title.•~ By: f_ Los Altos Hi!ls By ~ Title Ma r Title City agei\ '------ Morg.r"1 Hill By: By : Title Title .... ,~·-·t-•··~ Los Altos By: By: Title Title Monte Sereno By: By: Title Title SCV Water District By: By : Title Title Saratoga By : By : 1 Title Title ,, ~ Milpitas By: By: l ' Title Tiile r I San Jose By: By: Title Ti~le Sunnyvale By: By: T:•1~ Title (06/16/94) Pqe4 SCCEMA TOWN OF LOS GATOS: APPROVED AS TO FORM: ., ,f / ., ... '/ i0!i,/.r . _, I 7' 'I Date ATTEST: Date rl~ :d 15 :\01 he r\•igpagc SA:\'TA CLARA OPERATIO:\',\L AREA OPAREA l!\TERUI AGREF.1111-:NT Jurisdiction Re ipreseatative(s) / Iitle(s) Santa Clara County By : By: Title Title Santa Clara County By: By: Transportation Agency Title Tirle Campbell 13y: By: T ;tle Title Cupertino By: By: Title Title Palo Alto By : By: Title Title Santa Clara By: By: Title Title Mountain View By: By: Title Title • .. A, .... ' Gilroy By : By : Title Title Los Altos By: By: Title Title Los Altos Hills By: By: T-itle Title Los Gatos By: By: Title Title Morgan Hill By: /dJAd C,~ By: Title c,,, TY 111 ar.tJ..J¥ Title Monte Sereno By: By: Title Title SCV Water District By: By: Title Title P~4 Sf'f'£1HA .,A~TA CLARA OPERATI0/1iAL AllEA OPAREA l~TERIM AGRE£1\fEl',T Campbell By : By : Tille Tille Cupertino By: By: Tille Ti!le Palo Alto I3y: By: Tirlc Title Santa Clara I3y : By: Title Title Mountain \'iew By: By: Ti1le ,Title Gilroy Dy: By: Tille Title Los Altos By : By : Tirle Tille ! Los Altos Hills By: By : ·~··f·•:••! Tille Title Los Gatos By: By: Tille Ti!le Morgan Hill By: By : Tirle Tille I3y :L .... 0 By: -.-.4d'(J;o. Yf. ~~ Monte Sereno D.-7 ·t Title Mayor Title Ci r.y Clerk 1 SCV Water District By: By: l Tille Title Saratoga By: By: Title Title Milpitas By: By: Title Ticlc (06120/94) 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 : Tine Title Los Altos Hills By: By : , .... ,,t,. Title Title I 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 1 Saratoga By~ . r;/2 / By: '.\--71/.',:,-,-, ./;, .:-1'."/--:-~,:-;. · . Titl , Title ,.-_;~ {/,.,/./._ Milpitas By: By: Title Title (06/2019-4) Pa1• .C ANT/\ CLARA OPERATIONAL ARE/\ OPAl{£A INTERIM AGREEMENT Campbell By : By : Tille Tille Cupertino Uy: Oy : Ti1le Title Palo Alto IJy : Dy : Title Tille Santa Clara 13y : By : Tit l e Title MoLJntain View Oy : Ily : Tille Title Gilroy Oy : By : Title Title L-Os Altos By: By : Tille Title L-0s AJtos Hills Dy : By : Title Title _,, ·f L-Os Gatos By : By : Titl e Title Morgan Hill I3y : By : Title Title Monte Sereno 13y : By : Tille Title SCV Water District I3y: By : Title Tille Saratoga 13y : By : Title Title AT~ Milpitas Dy /~,, J<, ,,,, I '7 l/,,'7,✓ By: C. . ll dr.2_. e,_....z__ /;rifle City Manager Title City Clerk SAATA CLARA OPERATIONAL AREA OPAREA INTERIM AGREEMEl',T San Jose By : \.){i__l)_(t.i.a-x. r;)t_fd,}.lL, Title Patrici :1 L. 0'1-1 e:u-n Title Sunnyvale By: City Clerk By : Title Title l (OG/10/94) Pac• 5 SCCEMA . ' SA:--."TA CLAH/\ OPEIUTIONAI. AH"A San Jose Sunnyv::ile (06/20/94) Ol'AREA INTEIHM AGREEMENT By: By : Ti1le Ti1k By:~---/ _ _.7_..-_, / ··-.(__ ._!3y : Tille Ti1lc PBc• s SCCEMA