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1978-015-Authorizing Agreement With County Of Santa ClaraRESOLUTION NO. 1978 -15 RESOLUTION AUTHORIZING AGREEMENT WITH COUNTY OF SANTA CLARA RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the TOWN OF LOS GATOS enter into that agreement entitled "Agreement for the Abatement of Weeds by the County of Santa Clara for the Town of Los Gatos," with the COUNTY OF SANTA CLARA, a copy of which is attached hereto, and that the Mayor is authorized and he is hereby directed to execute said agreement in the name and in behalf of the TOWN OF LOS GATOS. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos held on the 6th day of February , 1978, by the following vote: AYES: COUNCIL MEMBERS Ruth Cannon, Mark B. DiDuca, Mardi Gualtieri, John B. Lochner and Albert B. Smith NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None ATTEST: 2N OF CLERK T TOWN LOS GATOS AGREEMENT FOR THE ABATEMENT OF WEEDS BY THE COUNTY OF SANTA CLARA FOR THE TOWN OF LOS GATOS The following is an Agreement between COUNTY OF SANTA CLARA, State of California (hereinafter called "County ") and TOWN OF LOS GATOS, Santa Clara County, California (hereinafter called "Town "), both of whom understand and agree as follows: WHEREAS, Town has the power to conduct weed abatement under Government Code of the State of California Section 39500, et seq.; and WHEREAS, Town has home rule authority to adopt ordinances for public health, safety and welfare, including weed abatement procedures; and WHEREAS, Town has exercised this power by adoption of Article II of Section 14 of the Town Code for the abatement of weeds; and WHEREAS, County, under provisions of the Health and Safety Code of the State of California and under its ordinances has the power to enforce the abatement of hazardous weeds; and WHEREAS, the Board of Supervisors of Santa Clara County, by reso -- lution has exercised the power granted to County pursuant to the Health and Safety Code of the State of California, commencing at Section 14875; and WHEREAS, the parties hereto have the power to enforce weed abatement: within their corporate limits; and WHEREAS, County is desirous of contracting with Town for the County Fire Marshal to perform the actual services of abatement of weeds; and WHEREAS, County is agreeable to rendering such services and Town is agreeable to have such services rendered under the terms and conditions hereinafter set forth for the reason of efficiency and mutual benefit of both parties; -1- NOW, THEREFORE, it is hereby agreed as follows: 1. Purpose of Agreement. The purpose of this Agreement is to promote the efficiency and economy of operations in the abatement of weeds by Town and County. This Agreement shall provide for the per- formance by County of functions relating to weed abatement in territory within the Town at the same time that County is working in the Urban Service Area of Town. The functions to be performed by County for 'Town shall be hereinafter set forth. 2. Joint Cooperation. County shall prepare Assessor's parcel maps and the list of parcels requiring abatement of weeds in the Town and transmit it to Town for staff review and approval for processing. 3. Notice. County shall prepare the notice of weed abatement and cause such notice to be mailed to the owners of the parcels requiring weed abatement. 4. County Responsibilities. The Fire Marshal shall remove the weeds on the designated properties, where the need for weed abatement still exists because owners have failed to so remove said weeds. 5. Statement of Costs. The Fire Marshal shall render to the Town an itemized statement or report of the cost of the weed abatement services performed for the respective parcels of land in the Town on or before the 15th day of July of each year, which shall include the County's adminis- trative cost of 25% of the cost for Town parcels of weed abatement services of the weed abatement contractor for the respective parcels. The statement shall include the description of the lots and parcels of land for which weed abatement services were performed, and vertification by signature of the County Fire Marshal. 6. Inclusion of Assessment on County Tax Bill. The Council of Town, after hearing, shall require the County Tax Collector to include -2- the costs of the weed abatement service performed for Town for the current year, as a special assessment on bills for taxes levied against the respective lots and parcels of land. Such special assessments shall be liens on the respective properties. 7. Time and Manner of Collection. The amounts of the assessments shall be collected at the same time and in the same manner as County taxes are collected, and are subject to the same penalties and the same procedure and sale in case of deliquency as provided for ordinary County taxes. 8. Remittance of Costs. The cost of weed abatement shall be advanced by County and reimbursed to County as and when collected by County Tax Collector. 9. Liability. Town shall assume no liability for the payment of salary, wages, or other compensation to officers, agents, employees or contractors of County performing service hereunder. Town shall not be liable for compensation or indemnity to County officers or employees, or to third persons, for injury or sickness arising out of the weed abatement operations under this Agreement, excluding any damages or injury arising out of any dangers or defective conditions of public property of the Town. The contractor hired by the County shall hold the Town harmless from any liabilities incurred during the course of the weed abatement work, in a form approved by the Town. 10. Records. Each officer or department of County performing any service pursuant to this Agreement shall keep itemized and detailed work or job records covering the cost of all services performed. 11. Independent Contractors. It is agreed that this Agreement is by and between independent contractors, and it is not intended nor -3- shall it be construed to create the relationship of agent, servant, employee, partnership, joint venture or association between County and Town. 12. Duration of Agreement. This Agreement shall become effective on date of execution and shall run until the governing body of Town or County shall exercise the right to terminate this Agreement as of the first day of September of any year, by giving notice to the other party not less than ten (10) days prior to the date of termination. as of IN WITNESS WHEREOF, the parties hereto have executed this Agreement , 1978. ATTEST: DONALD M. RAINS, Clerk Board of Supervisors ATTEST: JO JAMES, Clerk Town of Los Gatos COUNTY OF SANTA CLARA Chairman, Board of Supervisors TOWN OF LOS GATOS Mayor, Town of Los Gatos APPROVED AS TO FORM: APPROVED AS TO FORM: JAMES T. ROHNER PRESTON W. HILL Deputy County Counsel Town Attorney