1995-041-Execute An Agreement With The County Of Santa Clara To Abate BrushRESOLUTION 1995 - 41
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER
TO EXECUTE AN AGREEMENT
WITH THE COUNTY OF SANTA CLARA
TO ABATE BRUSH
BE IT RESOLVED, on January 3, 1995, the Town Council adopted Resolution
1995 -7 authorizing a Brush,Abatement Agreement with the County of Santa Clara, but following
that action, the County requested minor changes to the agreement,
BE IT FURTHER 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 a revised
agreement (attached as Exhibit A) with the County of Santa Clara for abatement of brush, and
that the Town Manager is authorized, and is hereby directed, to execute said agreement in the
name and on behalf of the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 17th day of April, 1995 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck, and Mayor
Patrick O'Laughlin
NAYES: None
ABSENT: None
ABSTAIN: None
SIGNED: W, I
MAYOR OF THE TOWN M*GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
AGREEMENT FOR THE ABATEMENT OF BRUSH BYSTHE
COUNTY OF SANTA CLARA FOR THE TOWN OF LOS GATOS
The following is an Agreement between the COUNTY OF SANTA CLARA,
State of California (hereinafter called "County ") and the TOWN OF LOS GATOS,
Santa Clara County, State of California (hereinafter called "TOWN'), both of whom
understand and agree as follows:
WHEREAS, Town has the power to conduct brush abatement under the
Uniform Fire Code as adopted by the State of California; and
WHEREAS, Town has home rule authority to adopt ordinances for public
health, safety and welfare, including brush abatement procedures; and
WHEREAS, Town has exercised this authority by adoption of the Uniform Fire
Code in Chapter 9 of the Town Code including provisions for abatement of brush; and
WHEREAS, County, under provisions of the State Health and Safety Code and
its own ordinances, has the power to abate hazardous brush; and
WHEREAS, the County Board of Supervisors by resolution has exercised the
power granted to County; and
WHEREAS, the parties hereto in cooperation with Central Fire Protection
District have the power to enforce brush abatement within their corporate limits, and
the County may therefore delegate all or a portion of its obligations hereunder to the
Central Fire Protection District; and
WHEREAS, Town is willing to have those services provided under the terms
and conditions of this Agreement for purposes of efficiency and to the benefit of both
parties and the public,
NOW THEREFORE, it is 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 brush by Town and
County. This Agreement provides for the performance by the County of functions
relating to weed abatement on properties within the Town limits at the same time
that the County is working in the Urban Service Area of the Town.
2. Joint Cooperation. In accordance with requirements of the Uniform Fire
Code, and California Health and Safety Code, the County shall prepare and transmit
to Town a list of parcels requiring abatement of brush in the Town.
3. Notice. County shall prepare the Notice of Brush Abatement and cause
such Notice to be mailed to the owners of the parcels requiring brush abatement.
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EXHIBIT A
4. County Responsibilities. Upon Town Council approval of the list of
parcels requiring brush abatement, the County shall abate the brush as provided in
the Uniform Fire Code, Los Gatos Town Code, Chapter 11 and the California Health
and Safety Code on designated properties where the need for brush abatement still
exits because the brush has not yet been abated after notice.
5. The County shall analyze each proposed abatement under the California
Environmental Quality Act and determine whether additional CEQA documentation
is required before proceeding with that abatement. If necessary, County shall consult
with Town on appropriate CEQA compliance.
6. Statement of Costs. The County shall provide the Town with an
itemized statement and report of the cost of the brush abatement services performed
for the respective parcels of land in the Town on or before the 1st day of August of
each year. Additional specificity as to precise nature of work performed beyond
standard documentation referenced in items (a) through (d) below, will be provided
upon request of Town.. This statement and report shall include:
(a) A description of each lot or parcel by assessors parcel number on
which brush abatement was performed:
(b) A brief description of the type and nature of brush abatement
performed;
(c) An itemized statement of the costs involved in performing such
abatement: The County may include a program cost of not more than 65% for
its services on each abatement by parcel; and
(d) Verification by the County that the abatement was performed and
the costs reasonably incurred.
7. Hearing and Inclusion of Charges on County Tax Bill. The Town
Council shall set a public hearing on the County assessment report. The Town shall
provide notice of the hearing by mail to each of the owners of the parcels on which
that abatement was performed. The purpose of this hearing is for the Town to hear
any objections of the property owners to the cost of the abatement and resulting
assessment charges, as per Los Gatos Town Code, Chapter 11. After, this public
hearing, the Council may confirm the assessment report in part or in full as it deems
necessary. The Town shall then advise the County Fire Marshal's Office of the action
taken on the assessment report by the Town Council. The Fire Marshal shall then
deliver the assessment report to the County Tax Collector who shall include the costs
of the brush abatement service performed for the Town for the current year as a
special assessments on bills for taxes levied on the respective lots and parcels of land.
Such special assessments shall be liens on the respective properties.
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8. Time and Manner of Collection. The amounts of the assessments shall
be collected by the County at the same time and in the same manner as County real
property taxes are collected and shall be subject to the same penalties and the same
procedure and sale in case of delinquency as provided for ordinary County real
property taxes.
9. Reimbursement of Costs. The costs of brush abatement shall be
advanced by the County and reimbursed to the County as and when collected by the
County Tax Collector except for those costs incurred by the Town in the approved
assessment.
10. Liability.
(a) Town shall assume no liability for the payment of salary, wages, or
other compensation or expenses to officers, agents, employees, or contractors of
the County performing services under this Agreement.
(b) Town shall not be liable for compensation or indemnity to any
County officer or employee or any third person, for any injury, sickness, or
property damage arising out of the brush abatement activities conducted under
this Agreement, except damages or injury arising solely out of dangerous
conditions of Town - controlled real property.
(c) The contractor retained by the County shall hold the Town
harmless from any liabilities incurred during the course of the brush
abatement work as an integral part of the contractor's agreement with the
County and it shall be the obligation of the County to obtain that agreement; a
hold harmless agreement in the same form as applied to the county will be
acceptable. In addition, County shall require, and contractor shall provide,
public liability insurance in a minimum amount of One million dollars
($1,000,000.00) as provided to the County, and such insurance shall be endorsed
to name the Town of Los Gatos, its boards, commissions, officers, and
employees as additional insured on the public liability policies governing work
under this Agreement. The County shall require the Contractor to provide a
certificate of this insurance and a copy of the actual additional insured
endorsement is provided to the Town before any work under this Agreement
begins.
(d) The required hold harmless and insurance coverages set forth in
(c) above are not currently required by the County's contract with Apple Tractor
Services, Inc., which contract may be renewed for an additional year, to
commence January 1, 1996. When the Apple Tractor Services, Inc. contract
expires or is terminated, the prescribed abatement work must be re -bid. The
aforesaid hold harmless and insurance coverage requirements will be included
in the bid documents and mandated for compliance by the bidders and the
Contractor selected.
Page 3 of 4
Solely for the duration of the current contract for services with
Apple Tractor Services, Inc., the County will hold the Town harmless and
defend the Town in actions arising out of the brush abatement program.
11. Records. The County shall keep itemized and detailed work records
governing all costs of services performed under this Agreement.
12, Independent Contractors. It is agreed that this Agreement is by and
between independent contractors, and it is not intended nor shall it be construed to
create a relationship of agent, servant, employee, or contractor of either party.
13. Duration of Agreement. This Agreement becomes effective on the date
of execution and shall run until written notice of termination is given by either party
to the other on or before the first day of September of any year that the Agreement is
terminated.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as
of 19—.
TOWN OF LOS GATOS COUNTY OF SANTA CLARA
0
Town Manager
ATTEST:
MARIAN COSGROVE, Town Clerk
Town of Los Gatos
APPROVED AS TO FORM:
LARRY ANDERSON (date)
Town Attorney
M
Chairman, Board of Supervisors
ATTEST:
PHYLLIS PEREZ, Clerk
Board of Supervisors
APPROVED AS TO FORM:
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LESLIE ORTA (date)
Deputy County Counsel
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