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Amended Weed Abatement Agreement - 2011SEVENTH AMENDMENT TO THE AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF CAMPBELL FOR ABA'I'EMEN"I' OF WEEDS The Agreement for the Abatement of Weeds (Agreement) between the County of Santa Clara (County) and the City of Campbell (City) previously entered into on November 1, 1976, as amended on May 18, 1981, February 15, 1983, January 14, 1996, August 18, 1998, August 17, 1999, and January 12, 2001 is hereby amended to modify the charge for the County's program costs to administer the Hazardous Vegetation Management Program. IT IS AGREED between the parties as follows: Statement of Costs Section 6 of the Agreement shall be amended to read as follows: In December of each calendar year, County shall deliver to City a list of all reasonable and necessary fees and costs approved and adopted by County's Board of Supervisors for all administrative, enforcement, and abatement services to be provided under this Agreement. All fees and costs in said Iist shall be recovered by County pursuant to Section 7 of this Agreement unless at a public hearing held within sixty (60) days of Cowity's delivery of said itemized statement to City the City's governing body expressly declines to accept any fee or cost in said list. In the event City's governing body does decline to accept any fee or cost in said list, County shall be relieved of any and all obligations to provide asry services under this Agreement for the weed abatement seasoiz far which said itemized statement is submitted to City. Thereafter, on or before the 10~' day of August of each year, County shall render to City an itemized statement or report of the reasonable and necessary fees and cost of the administrative, enforcement, and abatement services performed for the respective parcels of land in the City. The itemized statement or report shall include a description of the lots and parcels of land for which services were performed, and verification by signature of the County official administering the Hazardous Vegetation Management Program. // // // // // // 2. Except as modified herein, all other teens and conditions of the Agreement remain the same. COUNTY OF SANTA CLARA Kevin O'Day, Direct Department of Agriculture and Environmental Management Date CITY OF CAMPBELL rk He richs Community Development Director 5 2 i ~- _ Date Approved as to form and legality: t ~~ f1 Mark Bernal rl~nnty rnnnly (`ro mc~I Commiftee Agenda Date :Pebrua~y IS, 2010 ~®unty- of Sanfa Clam ~~part~ent of Agriculfiure aid ~nvir~n~en~~~ ,~~~°~"~ ~, t`' -n~. ®ivision of V10eed Abatement ~-~ ~~ ~~ ¢" AEM01 021810 Prepared by: Moe Kumre Weed ~bateinent Program Coordinator DATE: February 18, 2010 ,1 ~= Supervisor Donald F. Uage, Chairperson Supervisor Liz Kniss, Vice Chair Housing, Land Use, Environment, & Transportation Committee (HLUET) FROM: ~~~ /~~~, ~ _ . _~ r 0` ~ ~` Kevin O'Day `~~ Acting Director of Agriculture & Environmental Management y~;~ ~: v ~:~ ~, ~~::~, G r-i SUBJECT: Delegation of Authority for Alneements in the Department of Agriculture and ;~~*~ Environmental Management's Weed Abatement Program Kelating to the ~` Abatement of Weeds `~- ~~ I~LCOMIVIENDED ACTION Consider recommendations from the Department of Agriculture and Environmental Management regarding agreements in the Weed Abatement Program relating to the abatement of weeds. Possible future action by the Board of Supervisors: Adapt Resolution delegating authority to the Director of Agriculture and Envi.ronunental Board of Supen~isors: Don:.ld F. Gage, Ueorge Shirakawa, Dave Cortese, Ken Yeager, Liz Kniss County Executive: Ieffiey V. Smith CommitCee Agenda Date :Febcusuy 18, 2010 Management to negotiate, enter, execute, amend, terminate, and take any and all necessary or advisable actions relating to the following (Roll CAII Vote): a. Agreements for the abatement of weeds with local jurisdictions, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on June 30, 2015; and, b. Existing Agreements for abatement of weeds between the County and H&N Enterprises and Imhof Tractor Service in an amount not to exceed $750,000 annually, following approval by County Counsel as to form and legality, and approval by the Office of the County Executive. Delegation of authority shall expire on December 31, 20:12; ~lnd, c. Agreement{s) for the abatement of weeds with any contractor in an amount not to exceed $2,250,00 fox all agreements, following approval by County Counsel as to fo1-m and legality and approval by the Office of the County Executive. Delegation of authority shall expire on June 3 U, 2015. FISCAL I~IPLICAT~nNS There is no impact to the General Fund as a result of this action. Fees recovered for abatement services within the eleven local jurisdictions (Cities of Campbell, Cupertino, Milpitas, Monte Sereno, Morgan Hill, Palo l~lto, San Jose, Santa C1~2ra ':~~ and Saratoga; Town of Los Gatos; and the Los Altos Hills Fire Protection District) include the ray actual cost for contracted work, plus an administrative fee. The administrative fee provides for ~~=F inspections, complaint investigation and contract administration. The administrative fee is ~~;:~~ ~~,~ ~--; based on a percentage of the contractors' abatement costs. ~~,~~ ,.~ 3 CONTIdACT IXISTORI' 1`-'` ~:._ :~ In the Weed Abatement Program, eleven municipalities cLUrently contract with the County for the abatement of weeds, brush and combustible debris. These contracts continue until terminated by either party. On March 1, 2007, the County entered into agreements for weed, brush and debris abatement services with H&N Enterprises and Imhof Tractor Service, Inc. These agreements allow for two one-year extensions at the discretion of the County. Each one-year extension is to be on the same terms and conditions as the original agreement, with a possible exception under compensation. If the agreement is renewed, the Contractor shall be entitled to a specified price increase that shall not exceed 10% per renewal year. f3ourd of Supervisors: llonald F. Gage, George Shirakawa, Dave Cortese, Ken Yeager, Liz Kniss 2 Cowity Executive: Jeffrey V. SuiiUi Conunittee Agenda Date ~Pebniary 13, ?010 r~FASONS rou RECOMMENDATION The current delegation of authority is scheduled to expire June 30, 2010. Current agreements with the eleven jurisdictions have, on occasion, required modifications to accommodate administrative fee adjustments, abateznezlt of properties late in the fire season, etc. hi the future, additional jurisdictions may wish to enter into agreements with the County for the abatement of weeds. Approving the delegation of authority to the Director of Agriculture and Environmental Management to negotiate, execute and amend agreements for weed abatement services between the County and local jurisdictions, and any qualified contractors, will maintain the existing partnerships, allow for future partnerships, and provide for tirnely weed and brush abatement services in order to reduce fire hazards. 13ACKC7ROUNlI~ Beginning in 1975, and each year thereafter, the Board of Supervisors has authorized the Weed Abatement Program to take action to mitigate the threat of fire loss. Reduction of fire risk has been performed by licensed contractors removing bio-mass fuel, combustible debris and weeds on the unincorporated lands and within juuisdictions paz-ticipating in the County program. The cities of Campbell, Cupertino, Milpitas, Monte Sereno, Morgan Hill, Palo Alto, San Jose, Santa Clara, Saratoga; the Town of Los Gatos; and the Los Altos Hills Fire Protection District currently contract with the County for weed abatement services. CoNSE .IJENCES OF NEGATIVE ACTION The Director of Agriculture and Environmental Management would not be given authority to negotiate, enter, execute, amend, terminate, and take any and all necessary or advisable actions relating to agreements for the abatement of weeds. ATTACHMENTS .Resolution Delegating Authority ;; ~. ~` :.:~. _;~. ~. l ~._ ;F~ -a ~v ~, ~; ~, ,. IIoard of Supervisors: Donald F. Gage, Georga Shirakawa, Dave Cortese, Ken Yeager, Liz Kniss 3 County Executive: Jeffrey V. Smith RES®Li1TIO1~ 1x70. ~~, Q~~ RES®LUTI®N ©I<' TI-IE I$®ARI) OE SUPEIZ~ISORS Glv< TINE COUN'I'~a'~ OF SAl`7TA CILARA DELEGATING AUTgiE)RITY T® THE DIRECTOR OF AGRICULTURE AI~lD EN~I'IRONMENTAL MANAGEMENT TD NEGO~';IATE, EXLCU1~l~: AND AMEND CERTAIN CONTRACTS RELATING TO THE ABATEMEP7T (3F WEEI3S WHEREAS, contracts and memoranda of uxtderstanding to which the County of Santa Clara is a Party must be approved by the Board of Supervisors, unless they fall within the contracting authority of the County Director of ProcureYnent, or the authorty to enter into the contract on behalf of the County has been delegated by the Board of Supervisors; and W7EIEREAS, agreements for the abatement of weeds between the Comity of Santa Clara and elevezt (i1} local j~uisdictions listed in Exhibit A, attached hereto and incorporated herein, leave been executed and in place for multiple 'years, aild continue in place turtle tezxziinated; and it may be necessary fo amend or revise in full these agreements for administrative fee adjustments. and update of procedures; and WIiEREAS, additional jurisdictions may wish to enter into agreements with the County for abatement of weeds; and WHEREAS, the County arranges for the abatement of the weeds through a contract that must be approved by the Board of Supervisors; and 'WI3EREAS, the County entered into Agreements for Weed, Brush, and l?ebris Abatement > ,, services with H&l~ Enterprises and Imhof Tractor Service enc. on March 1, 2007 for a period of three r .wµ `~, .~, ,..~ , yeaxs; and ~ =~ WHEREAS, said agreements allow for two one-year extensions beyond the original three-yeas `~~`` u :~ agreement period at the sole option of the County, if service has been satisfactory; and _..' r W>iIEREAS, each one-year extension is to be on the, same ter~ras and conditions.as flee original agreement except for the cast of services, which will be increased far each renewal year up to a maximum of lU%, upon the request of the contractor, provided that the incxcase corresponds to any increase in the San Francisco-Oakland unrevised index for All Urban Consumers covering the preceding twelve month period ending with the month of .lone; and WL-IEREAS, the County wishes to delegate authority to the Director of Agriculture an Environmental Management to execute and/or amend Weed Abatement agreements with the local jurisdictions within the County; to delegate authority to execute amendtxzents to the existing Agreement for Weed, Brush grad Debris Abatement Services with I-i&N Enterprises and Imhof "['rector Services; and to negotiate, enter into, and amend any new agreements with qualified contractors for a period not to e~cceed three years and an amount not to exceed ~2,25U,OU0; and (/ Page 1 of 3 Resotutian I)eiegating AutP~arity for " ~ "" `"` Weed Abatement ~~t~l~ i~ `s> 2a~fl IvIOW, Tl`~~REl~OY2F, BE XT 1tESOY..'VED, l?y the Board of Supervisors of the County of Santa Clara: The Director of Agric~.ilture.and Envirotunental Management is hereby authorized on behalf of the County of Santa Clara to negotiate, enter, execute, amend, terminate, and take any and all necessary or advisable actions relating to agreement(s) for the abatement of weeds with local jurisdictions, following County Counsel's approval. as to form and legality and approval by the.®fgice of the County Executive. This delegation of authority shall expire on Jt~x~e 30, 2015. 2. The Director of Agriculture and Environmental Managerrzent is hereby authorized on behalf of the County of Santa Clara to negotiate, execute, enter, amend, terminate, and take any and all necessary or advisable actions relating to an existing agreement for abatement of weeds betweet:i the County and H3zN Enterprises and Imhof Tractor Servzce in an amount not to exceed $75D,Ogq, annually, following approval by Cowzty Counsel as to form and legality rind approval by the Office of the County Executive. This delegation of authority shall expire on December 31, 2012. // I/ // '` // ,:.~ `` ,..; // ~ ~,,- P~` . t~; // j ~ ' ,. // // // // // // // Page 2 of ~ Resolution Delegating Authority far . ~ . Weed Abatement I l ~^. ,~ t# 1, ... ~ ~~~_ .. :~ 3. The Du'ector of Agriculture grid Environmental Management is hereby authorized on behalf of the County of Santa Clara to negotiate, enter, execute, amend, terminate, and take any and all necessary or advisable actions relating to agreement(s) for the abatement of weeds with any contractor in an amount not to exceed $2,250,000 for.ali agreements, following approval by County Counsel as to form and legality and approval by the Q~ce of the County Executive. Tl'~is delegation of authority shall expire on .tune 30, 2015. PASSED AND A;[~OPTCD by the Board of Supervisors of the County of Santa Clara, State of Califarnia, on ~fAR 0 '2 2010 , by the following vote: AYES: Supervisors CORx'E5I3, ~iAG~, KNZSS, SB7RAl~4Wt~, YEA(a1~2. NGES: Supervisors ~~. ~~ AI~SENT: Supervisors A Ken Y agc,r, Presi enf Board of Supervisors Signed and certified that a copy of this document has been delivered by electronic or other means to the President, Board of Supervisors TTEST: ~, ----~ Maria Marinos ~ ,; Clerk of the Board.of Supervisors APP SEA 5 T FORM AN1D LEGALITY: El b th G.Pianca Deputy County Counsel Page 3 of 3 Resolution Delegating Authority for Weed Abatement `~F}_ ,~'~; 4; y~ -..'.~