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
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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.
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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
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SANTA CLARA OPERATIONAL AREA OPAilEA INTERIM AGREEMENT
Cupertino By: By:
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Palo AJto By: By:
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Santa Clara By: By :
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Mountain View By: By.
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Gilroy By: By:
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Los Altos By: By:
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Los Altos Hills By: By:
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Los Gatos By: By:
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Morgan Hill By: By:
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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:
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Palo Alto By: By:
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Santa Clara By: By:
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Mountain View By: By:
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Gilroy By: By:
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Los Altos By: By:
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Los Altos Hills By: By:
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Los G~tos By: By:
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Morgan Hill By: By:
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F-.!onte Sereno By: By:
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SCV Water District By: By:'
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Saratoga By: By:
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Milpitas By: By:
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(06/20/9 ◄)
SANTA CLARA OPERATIONAL AREA OPA!'lEA INTERJM AGREE.1\-f..ENT
Campbell By: By :
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Cupertino By :
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Palo Alto By: By:
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Santa Clara By: By:
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Mountain View By: By :
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Gilroy By : By:
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Los Altos By: By:
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Los Altos Hills By: By: ~ Title Title
Los Gatos By : By:
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Morgan Hill By: By:
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Monte Sereno By: By:
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SCV Water Distrlct By: By:
Title -Title
Saratoga By: By:
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Milpitas By: By:
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(06/2019-1) SCCDI,\
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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
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•S,U,'TA CLARA OPERATIONAL AREA Ori.PE.A ll'-,'TERIM AGREEMENT
Campbell By: By:
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Cupertino By: By:
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Palo Alto By: Ry:
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Santa Clara By: By:
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Los Altos By: By:
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Los Gatos By: By:
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Morgan Hill By: By:
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Monte Sereno By: By:
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SCV Water District By: By:
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Saratoga By: By:
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Milpitas By: By:
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(06/20/94) SCCEMA
SANTA CLARA OPERATIO:',;AL ARE A OPAREA INTERIM AGREEMLNT
Campbell By: By:
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Cupertino By : By:
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Palo Alto By: By:
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Santa Clara By : By:
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Mountain View By: Tit!A 0½
Gilroy
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By: Susanne E. Steinmetz
Title City Clerk
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Los Altos By: By:
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Los Altos Hills By: By:
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Los Gatos By: By:
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Morgan Hill By: By:
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Monte Sereno By: By:
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SCV Water District By: By: ~ ' ·'
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Saratoga By: By:
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Milpitas By: By:
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(06/20/94)
SANTA CLARA OPERATIONAL AREA OP AREA INTERIM . 1GREEMENT
Campbell By: By:
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Cupertino By: By:
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Palo Alto By: By:
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Sa,'lta Clara By: By :
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Mountain View By: By:
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Gilroy By: By:
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Los Altos Hi 11 s By: By:
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Los Gatos By: By:
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Morgan Hill By: By:
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Mont~ Sereno By: By:
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SCV Water District By: By:
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Saratoga By: Bv· ., .
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Milpitas By: By:
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sec OPERATI0:0-AL AREA OPAREA AGREE!',•.'E!'IT
Cupertino By: By:
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Palo Alto By : By:
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Mountain View By: By:
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Gilroy By: By:
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San Jose By: By:
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Sunnyvale By: By:
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(06/16/94) Pqe4 SCCEMA
TOWN OF LOS GATOS:
APPROVED AS TO FORM:
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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:
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Santa Clara County By: By:
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Campbell 13y: By:
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Cupertino By: By:
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Palo Alto By : By:
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Santa Clara By: By:
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Mountain View By: By:
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Gilroy By : By :
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Los Altos By: By:
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Los Altos Hills By: By:
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Monte Sereno By: By:
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SCV Water District By: By:
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Campbell By : By :
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Palo Alto I3y: By:
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Santa Clara I3y : By:
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Mountain \'iew By: By:
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Gilroy Dy: By:
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Los Altos By : By :
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Los Gatos By: By:
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Morgan Hill By: By :
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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:
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Milpitas By: By:
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(06120/94)
SCCEMA
SANTA CLARA OPERATIONAL AREA OPAREA INTERIM AGREEMENT
Campbell By : ' By :
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Cupertino By : By:
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Palo Alto By: By :
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Santa Clara By: By :
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Mountain View By: By :
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Gilroy By: By:
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Los Altos By: By :
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Los Gatos By : By :
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(06/2019-4) Pa1• .C
ANT/\ CLARA OPERATIONAL ARE/\ OPAl{£A INTERIM AGREEMENT
Campbell By : By :
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Palo Alto IJy : Dy :
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Santa Clara 13y : By :
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MoLJntain View Oy : Ily :
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L-Os Altos By: By :
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Saratoga 13y : By :
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/;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 :
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(OG/10/94) Pac• 5 SCCEMA
.
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SA:--."TA CLAH/\ OPEIUTIONAI. AH"A
San Jose
Sunnyv::ile
(06/20/94)
Ol'AREA INTEIHM AGREEMENT
By: By :
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By:~---/ _ _.7_..-_, / ··-.(__ ._!3y :
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PBc• s SCCEMA