1995-007-Execute Agreement Authorizing The Central Fire District To Establish And Enforce The Brush Abatement ProgramRESOLUTION 1995 - 7
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING TOWN MANAGER TO EXECUTE AGREEMENT
AUTHORIZING THE CENTRAL FIRE DISTRICT
ESTABLISH AND ENFORCE THE BRUSH ABATEMENT PROGRAM
BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of
Clara, State of California, that the Town Manager is authorized to enter into an
nent (attached as Exhibit A) with the Central Fire District to establish and enforce
the Brush Abatement Program.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 3rd day of January, 1995, by the following vote.
MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor Patrick O'Laughlin
NAYS: None
None
CAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
J
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
AGREEMENT FOR THE ABATEMENT OF BRUSH BY THE
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 & 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 the Central Fire Protection District
have the power to enforce brush abatement within their corporate limits; 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. County shall prepare Assessor's parcel maps and the list of
parcels requiring abatement of brush in the Town under the terms of the Uniform Fire Code, and
transmit these documents to the Town for staff review and approval for processing.
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.
NAAMBRUSHCON.BES
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
on the designated properties where the need for brush abatement still exists 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 clearance_
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 1 st day of August of each year. This statement and
report shall include:
(a) A description of each lot or parcel 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 650/o' 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 on County Tax Bill. The Town Council shall set a public
hearing on the County statement and report and provide notice of the hearing by mail to each of
the owners of the parcels on which that abatement was performed. After public hearing, the
Council may confirm the statement and report in part or in full as it deems necessary. The Town
shall then deliver the report to the County Tax collector who shall include the costs of the weed
abatement service performed for the Town for the current year as a special assessment on bills for
taxes levied on the respective lots and parcels of land. Such special assessments shall be liens on
the respective properties.
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.
NAAMBRUSHCON.BES 2
9. Reimbursement of Costs. The costs of weed 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 hannless 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 $1,000,000 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 insureds 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 above are not
currently required in the COUNTY's contract with Apply Tractor and may be renewed for
an additional year, to commence January 1, 1996. When the Apple Tractor 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.
Solely for the duration of the current contract for services with Apply
Tractor, the COUNTY shall hold 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.
NAAMBRUSHCON.BES
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, joint venture, association or joint power authority between the County,
the Town, or any officer, employee, or contractor of either party.
of
13. Duration of Agreement. This Agreement becomes effective on the o the other on
execution and shall run until written notice of termination is given by either party
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
an
Town Manager
APPROVED AS TO FORM:
LARRY ANDERSON
Town Attorney
NA&MBRUSHCON.BES
SANTA CLARA COUNTY
By —
Title:
ATTEST:
MARIAN COSGROVE
Town Clerk, Town of Los Gatos
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