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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. Page 1 of 4 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. Page 2 of 4 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: AAAA,,� ,,6a 4 - 3 - pS LESLIE ORTA (date) Deputy County Counsel Page 4 of 4