CC Resolution 12848 - Execute a ninth amendment to the agreement of weedsRESOLUTION NO. 12848
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
AUTHORIZING THE CITY MANAGER TO EXECUTE A NINTH AMENDMENT TO THE
AGREEMENT WITH THE COUNTY OF SANTA CLARA FOR THE ABATEMENT OF
WEEDS AND TO MODIFY THE CHARGE FOR THE COUNTY'S PROGRAM COSTS
WHEREAS, Campbell Municipal Code Chapter 17.54 (Weed Abatement),
authorizes the City Council to take action to abate weeds and hazardous vegetation in
the community; and
WHEREAS on November 1, 1976, the Agreement for the Abatement of Weeds
by the County of Santa Clara and the City of Campbell ("Agreement") was entered into
authorizing the County of Santa Clara to operate a weedabatement program on behalf
of the City; and
WHEREAS, the Agreement was subsequently amended on May 18, 1981;
,February 15, 1983, November 4, 1996, September 1, 1998, October 19, 1999, January
12, 2001, December 27, 2011," and March 7, 2017; and
WHEREAS, the County has proposed a Ninth Amendment: to the Agreement to
require the City to make payment to the County to cover the City's proportional share of
any deficit the program -may incur; and
WHEREAS, . the City desires to maintain its participation in the County weed
abatement program in the interest of the public, health., safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell
hereby authorizes the City Manager to execute the Ninth Amendment to the Agreement
with the County of Santa Clara -for abatement of weeds, included herein as Exhibit, A.
PASSED AND ADOPTED this 21st day of June, 2022, by the following roll call vote:
AYES: COUNCILMEMBERS: Gibbons, Landry, Lopez, Bybee; Resnikoff
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
APPROVED
Paul Resnikoff, Mayor
ATTEST: ,
Exhibit A
AMENDED AND RESTATED AGREEMENT BETWEEN
THE COUNTY OF SANTA CLARA AND THE CITY OF. .
CAMPBELL FOR WEED ABATEMENT SERVICES
THIS AGREEMENT for the Abatement of Weeds by County of Santa Clara for the City of
Campbell ("AGREEMENT") is made and entered into by and among the County of Santa Clara, a
political subdivision of the State of California ("COUNTY"), and the City of Campbell ("CITY"), a
municipal corporation, effective this ("EFFECTIVE DATE"). COUNTY and
CITY may be collectively referred to herein as the "PARTIES" and individually as a "PARTY," unless
specifically identified otherwise.
RECITALS
WHEREAS, pursuant to California Government Code Sections 39501 et seq., the CITY has the
authority to require and provide for the abatement of hazardous weeds on. properties within its jurisdiction
either by ordinance or pursuant to the procedures set forth in Article 2 of Chapter 13, Division -3 of Title 4
of the Government Code (commencing with Section 39560); and
WHEREAS, the CITY has duly established under Chapter 17.54 of the Campbell Municipal
Code a program to abate as a public nuisance hazardous weeds and brush situated on properties in the
CITY; and
WHEREAS, under provisions of the California Health and Safety Code and its, ordinances, the
County also has duly established a program to enforce the abatement of hazardous weeds; and
WHEREAS, for reasons of efficiency, economy of operations and resources, and the mutual
benefit of both parties, the CITY and the COUNTY desire the COUNTY to provide weed abatement
services on properties in the CITY and to. assist the CITY in administering certain parts of the CITY'S
weed abatement program -under Chapter 17.54 of the Campbell Municipal Code, all in accordance with
the terms and provisions set forth in this AGREEMENT; and
WHEREAS, the CITY may contract with COUNTY pursuant to Government Code section
51300 et seq. for the County's performance of specified City functions; and
WHEREAS, the CITY and COUNTY entered into an "Agreement for the Abatement of Weeds
by County of Santa Clara for the City of Campbell" on November 1, 1976, as subsequently amended,
which provided for the abatement of weeds by the COUNTY on behalf of the CITY; and
WHEREAS, the CITY and COUNTY desire to enter into an amended and restated
AGREEMENT for the abatement of weeds to provide for the COUNTY to fully recover its service costs
in administering the CITY's weed abatement program and to make other clarifying changes.
NOW, THEREFORE, in consideration of their mutual promises, covenants, and agreements set forth in
this AGREEMENT, the PARTIES hereby agree as follows:
SECTION 1. PURPOSE.
The purpose of this AGREEMENT is to promote efficiency and economy of operations and resources in
the abatement of weeds in the CITY and COUNTY. To achieve this end, the CITY herebv delegates to
SECTION 2. TERM.
This AGREEMENT shall become effective as of the EFFECTIVE DATE and shall continue until the
governing body of the CITY or the COUNTY exercises the right to terminate this AGREEMENT
pursuant to SECTION 18 of this AGREEMENT. This AGREEMENT supersedes and replaces the
previous "Agreement for the Abatement of Weeds by County of Santa Clara for the City of Campbell"
and any and all subsequent amendments thereto.
SECTION 3. SCOPE OF SERVICES; PERFORMANCE SCHEDULE.
A. The COUNTY shall perform weed abatement services on properties located in the CITY and
administer the PROGRAM (collectively, the "SERVICES") in accordance with all applicable
laws, rules, and regulations, including Chapter 17.54 of the Campbell Municipal Code, and the
provisions of this AGREEMENT, as they may be amended from time to time.
B. The COUNTY shall perform these SERVICES in accordance with the schedule set forth in
EXHIBIT "A," entitled SCHEDULE OF PERFORMANCE," attached hereto and incorporated
herein by this reference, except that SERVICES on properties owned by the CITY shall be
performed only upon written request by the CITY.
C. The COUNTY shall attend all meetings of the CITY Council or meetings of other CITY
committees, boards or hearing bodies at which weed abatement SERVICES, refunds of weed
abatement charges, or other issues related to the SERVICES or this AGREEMENT are discussed,
when the COUNTY's attendance is requested by the CITY.
D. Upon request by the CITY, the COUNTY shall provide to the CITY for its review and comment
the COUNTY's specifications and qualifications for contractors or other agents of the COUNTY
obtained or hired by the COUNTY to perform weed abatement SERVICES on behalf of the
COUNTY on properties located in the CITY.
SECTION 4. NOTICES.
The COUNTY shall prepare copies of all notices required in connection with the SERVICES and cause
such notices to be posted, published, mailed, and/or distributed as required by applicable law. The
COUNTY shall provide copies of such notices to the CITY for prior review and approval as set forth on
EXHIBIT A, entitled "SCHEDULE OF PERFORMANCE," or where not provided for in the
SCHEDULE OF PERFORMANCE, at least thirty (30) days prior to the date that the COUNTY desires or
is required to post, publish, mail, or otherwise distribute the material.
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The CITY Council, or the committee, board, or other hearing body designated by the CITY Council to
conduct hearings in connection with the PROGRAM, retains the responsibility to conduct public hearings
and adopt appropriate resolutions and orders in accordance with Chapter 17.54 of the Campbell
Municipal Code and this AGREEMENT, including its EXHIBIT A, "SCHEDULE OF
PERFORMANCE."
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Exhibit A
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SECTION 6. STATEMENT OF COSTS.
A. In December of each calendar year, the COUNTY shall deliver to the CITY a schedule of all
reasonable and necessary fees and costs approved and adopted by the COUNTY Board of Supervisors
for administrative, enforcement, and abatement services to be provided under this AGREEMENT
("FEE SCHEDULE"). Such fees and costs shall not exceed the reasonable costs of providing such
services. All fees and costs in said FEE SCHEDULE shall be recoverable by the COUNTY pursuant
to this SECTION and SECTION 7 of this AGREEMENT unless within sixty (60) days of the
COUNTY's delivery of said schedule to the CITY, the City Council of the CITY expressly declines
to accept any fee or cost in said FEE SCHEDULE. In the event the City Council does decline to
accept any fee or cost in said FEE SCHEDULE, the COUNTY shall be relieved of any and all
obligations to provide any SERVICES under this AGREEMENT for the weed abatement season
associated with the disapproved fee or cost.
B. At least ten (10) days prior to the date of the public hearing before the CITY regarding the placement
of special assessment liens on properties for weed abatement charges, which meeting usually occurs
before August 10 of each year, the COUNTY shall render to the CITY a report of weed abatement
SERVICES performed by the COUNTY on properties within the CITY during the preceding twelve
(12) months ("REPORT"). The REPORT shall include, without limitation, all of the following
information:
1. The total number of weed abatements performed in the CITY;
The total number of properties upon which weed abatements were performed in the
CITY;
3. A statement of all the costs and expenses incurred by or on behalf of the COUNTY
for weed abatement SERVICES performed on properties located in the CITY,
itemized with the aggregate administrative, enforcement, and abatement expenses
and costs incurred by the COUNTY on each property, which shall be in accord
with the fees and costs in the FEE SCHEDULE submitted by the COUNTY to the
CITY pursuant to Section 6.A of this AGREEMENT;
4. A description of all the properties in the CITY, by address and Assessor's Parcel
Number, on which weed abatement SERVICES were performed; and
5. Verification of the truthfulness, accuracy, and completeness of the REPORT,
executed by the COUNTY employee charged with the supervision of the
SERVICES.
SECTION 7. PAYMENT FOR SERVICES.
A. Except as provided in SECTIONS 7.13 and 7.C, the COUNTY shall be reimbursed for SERVICES
provided under this AGREEMENT by remittances from property owners for weed abatement and
related costs and expenses for SERVICES performed on their respective lots and parcels of land. The
CITY, after hearing, shall require the costs and expenses of SERVICES performed for the current
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B. Within 60 days of receipt of an invoice for costs and expenses incurred on CITY -owned parcels, the
CITY shall reimburse the COUNTY for the costs of such SERVICES. Charges for SERVICES on
parcels owned by the CITY shall equal the cost of SERVICES performed by the weed abatement
contractor on the CITY -owned parcels plus 20% of said contractor service costs.
C. If the amounts submitted for collection from property owners in Santa Clara County for provision of
weed abatement services by the COUNTY are inadequate to reimburse the COUNTY for its fixed
costs of administering countywide services during the preceding twelve (12) months, the COUNTY
may make a demand to the CITY for its proportional share of the shortfall (less amounts offset by
accrued program revenues) by September 1 of each year. The CITY agrees to pay the COUNTY for
the CITY's proportional share of any such shortfall within sixty (60) days of demand by the
COUNTY. The CITY' S proportional share shall be calculated based on the percentage of parcels on
which weed abatement services were performed which are located in the CITY as compared to the
total number of parcels on which weed abatement services are provided. (For example, for Fiscal
Year 2022, the CITY'S parcels constitute 2.5% of the total parcels. This would result in an
estimated maximum share of shortfall contribution by the CITY of $16,874.73 for Fiscal year
2022.). The COUNTY's demand for payment under this SECTION 7.C. shall be accompanied by a
statement of the total shortfall in the COUNTY's reimbursement for fixed program costs for the
preceding twelve (12) months and of any accrued program revenues available to offset the shortfall,
as well as a statement of the CITY's proportional share of that shortfall (minus offsets by accrued
program revenues).
D. Except as provided in SECTIONS 7.13 and 7.C., the CITY has and assumes no liability for the
payment of salary, wages, benefits, pensions, compensation or any other amounts to officers, agents,
employees or contractors of COUNTY performing SERVICES hereunder.
SECTION 8. INDEMNIFICATION.
In lieu of and notwithstanding the pro rata risk allocation, which might otherwise be imposed between the
PARTIES pursuant to Government Code Section 895.6, the PARTIES agree that all losses or liabilities
incurred by PARTY shall not be shared pro rata but, instead, COUNTY and CITY agree that, pursuant to
Government Code Section 895.4, each of the PARTIES hereto shall fully indemnify and hold each of the
other PARTIES, their officers, board members, employees, and agents, harmless from any claim, expense
or cost, damage or liability imposed for injury (as defined in Government Code Section 810.8) occurring
by reason of the negligent acts or omissions or willful misconduct of the indemnifying PARTY, its
officers, employees or agents, under or in connection with or arising out of any work, authority or
jurisdiction delegated to such party under this AGREEMENT. No PARTY, nor any officer, board
member or agent thereof shall be responsible for any damage or liability occurring by reason of the
negligent acts or omissions or willful misconduct of the other PARTIES hereto, their officers, board
members, employees, or agents, under or in connection with or arising out of any work authority or
jurisdiction delegated to such other PARTIES under this AGREEMENT.
SECTION 9. RECORDS.
Each officer or department of the COUNTY performing any SERVICES pursuant to this AGREEMENT
shall keep itemized and detailed work or job records covering the costs of services performed under this
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Exhibit A
AGREEMENT. COUNTY shall maintain these records for a minimum period of three (3) years, or for
any longer period required by law, following the performance of any SERVICES.
SECTION 10. ENTIRE AGREEMENT.
This AGREEMENT and its Appendices (if any) constitutes the final, complete and exclusive statement of
the terms of the agreement between the PARTIES. It incorporates and supersedes all the agreements,
covenants and understandings between the PARTIES concerning the subject matter hereof, and all such
agreements, covenants and understandings have been merged into this AGREEMENT. No prior or
contemporaneous agreement or understanding, verbal or otherwise, of the PARTIES or their agents shall
be valid or enforceable unless embodied in this AGREEMENT.
SECTION 11. AMENDMENTS.
This AGREEMENT may only be amended by a written instrument signed by the PARTIES.
SECTION 12. GOVERNING LAW, VENUE.
This AGREEMENT has been executed and delivered in, and shall be construed and enforced in
accordance with, the laws of the State of California. Proper venue for legal action regarding this
AGREEMENT shall be in the County of Santa Clara.
SECTION 13.. ASSIGNMENT.
No assignment of this AGREEMENT or of the rights and obligations hereunder shall be valid without the
prior written consent of the other PARTY.
SECTION 14. WAIVER.
No delay or failure to require performance of any provision of this AGREEMENT shall constitute a
Waiver of that provision as to that or any other instance. Any waiver granted by a PARTY shall be in
writing and shall apply to the specific instance expressly stated.
SECTION 15. COMPLIANCE WITH LAWS.
COUNTY and CITY shall comply with all applicable Federal, State, and local laws, regulations, rules,
and policies in the performance of services under this AGREEMENT.
SECTION 16. THIRD PARTY BENEFICIARIES.
This AGREEMENT does not, and is not intended to, confer any rights or remedies upon any person or
entity other than the PARTIES.
SECTION 17. INDEPENDENT CONTRACTORS.
The COUNTY and the CITY agree that this AGREEMENT is by and between independent contractors.
This AGREEMENT is not intended, nor shall it be construed, to create a relationship of agent, servant,
employee, partnership, joint venture, or association between the COUNTY and the CITY.
SECTION 18. TERMINATION
termination.
B. The [Maat o , or his or her delegatee or designee, is authorized to terminate this
AGREEMENT on behalf of the CITY.
C. The COUNTY's Agricultural Commissioner, or his or her delegatee or designee, is authorized to
terminate this AGREEMENT on behalf of the COUNTY.
SECTION 19. NOTICES
Except as otherwise stated, any notice required or permitted by this AGREEMENT will be in writing and
delivered as follows with notice deemed given as indicated: (a) by personal delivery when delivered
personally; (b) by overnight courier upon written verification of delivery; (c) by email, telecopy, or
facsimile transmission upon acknowledgment of receipt of electronic transmission; or (d) by certified or
registered mail, upon confirmation of delivery. The PARTIES may deliver notice as follows:
TO COUNTY:
County of Santa. Clara Consumer and Environmental Protection Agency
1553 Berger Drive #200, San Jose, CA 95112
Fax: 408-286-2460
Email: SCCweedabatement@cep.sccgov.org
Attn: Weed Abatement Manager
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SECTION 20. INTERPRETATION.
The captions preceding the sections of this AGREEMENT have been inserted for convenience of
reference only and such captions shall in no way define or limit the scope or intent of any provision of
this AGREEMENT. This Agreement has been negotiated at arm's length and between parties
sophisticated and knowledgeable in the matters contained herein. This AGREEMENT shall be interpreted
to achieve the intents and purposes of the PARTIES, without any presumption against the PARTY
responsible for drafting any part of this AGREEMENT. Provisions in this AGREEMENT relating to
number of days shall be calendar days, unless otherwise specified, provided that if the last day of any
period to give notice, reply to a notice or to undertake any other action occurs on a Saturday, Sunday or a
bank or COUNTY holiday, then the last day for undertaking the action or giving or replying to the notice
shall be the next succeeding business day. The Recitals are incorporated and made a part of this
AGREEMENT.
SECTION 21. COUNTERPARTS.
This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed to be
an original, but all of which together shall constitute one and the same instrument.
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Exhibit A
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SECTION 22. CONTRACT EXECUTION
Unless otherwise prohibited by law or COUNTY policy, the PARTIES agree that an electronic copy of a
signed contract, or an electronically signed contract, has the same force and legal effect as a contract
executed with an originalink signature. The term "electronic copy of a signed contract" refers to a
transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed
contract in a portable document format. The term "electronically signed contract" means a contract that is
executed by applying an electronic signature using technology approved by the COUNTY.
THE PARTIES TO THIS AGREEMENT hereby indicate their acknowledgement and acceptance of the
terms and conditions stated herein as evidenced by the following signatures of their duly authorized
representatives.
COUNTY OF SANTA CLARA CITY OF CAMPBELL
Jeffrey V. Smith .
County Executive Title:
Dated: Dated:
APPROVED AS TO FORM AND LEGALITY:
Willie Nguyen
Deputy County Counsel
EXHIBIT "A"
SCHEDULE OF PERFORMANCE
The COUNTY shall perform the SERVICES as follows:
On or before November 15 of each year:
The County shall request a resolution from the
CITY declaring that certain weeds located on
properties in the CITY constitute a public nuisance
and setting a date fora public hearing.
Before the date of the CITY governing body
The COUNTY shall provide to the CITY for
meeting declaring weeds a nuisance subject to
review and processing by the CITY a complete
abatement:
Master List of properties, including Assessor's
Parcel Numbers, located in the CITY upon which
hazardous weeds are growing or are likely to grow.
No later than ten (10) days prior to the day of the
The COUNTY shall post notices to destroy weeds
CITY hearing on objections to the notices to
at property or mail notices to destroy weeds to
destroy weeds:
property owners regarding the CITY hearing, as
directed by resolution of the CITY Council.
No later than ten (10) days prior to the day of the
The COUNTY shall deliver to the CITY a FEE
CITY hearing on objections to notices to destroy
SCHEDULE listing all reasonable and necessary
weeds:
fees and costs approved and adopted by the
COUNTY Board of Supervisors for administrative,
enforcement, and abatement services to be
provided under this AGREEMENT in accordance
with SECTION 6.A of this AGREEMENT.
The CITY Council shall hold a public hearing to
hear objections to the notices to destroy weeds.
By resolution at the conclusion of the hearing, the
CITY Council shall allow or overrule any or all
objections to the proposed abatement of weeds.
After adoption of,CITY resolution ordering the
The CITY shall proceed with weed abatement
abatement of weeds on certain properties as
work on properties located in the CITY in
public nuisances:
accordance with the resolution adopted by the
CITY Council and this AGREEMENT.
At least ten (10) days prior to the date of the
Pursuant to SECTION 6.13 of this AGREEMENT,
public hearing before the CITY's governing
the COUNTY shall provide to the CITY for review
body regarding the placement of special
and processing'a complete and accurate REPORT
assessment liens on properties for weed
of costs and expenses incurred by or on behalf of
abatement charges:
the COUNTY for weed abatement SERVICES
performed in the CITY during the preceding twelve
(12) months under this AGREEMENT.
On or before August 10 of each year:
The COUNTY shall obtain a resolution from the
CITY to confirm the REPORT and order the weed
abatement costs to be a special assessment against
the affected properties.
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Exhibit A
At least ten (10) days prior to the CITY meeting
to hear objections to the REPORT:
The CITY shall mail a notice to all property
owners identified in the REPORT, which provides
the date, time, and place of the CITY Council's
hearing on the REPORT at which person may
appear and object to the REPORT.
Upon adoption of resolution by the CITY
The COUNTY shall enter each such assessment on
Council confirming or amending REPORT and
the COUNTY tax roll and cause such amounts to
ordering weed abatement costs become a special
be collected at the same time, and in the same
assessment lien against the affected properties
manner, as general CITY taxes are collected.
and filing of REPORT with COUNTY Auditor:
Upon request by CITY
The COUNTY shall perform weed abatement
SERVICES on CITY -owned lots and parcels.