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;
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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
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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
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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