Santa Clara County - Maintenance and Indemnification Agreement for Babbs Creek Drive Trail ConnectionRecording requested by and
�
When recorded returA to;
The County of Santa Clara
Roads and Airports Deparfiftent
101 Skypoxt Drive
San Jose, CA.95110-1302
Attention: Inn Walsh
Filed 150351
231365.77 Pages:
oC.DMERT:
Fees * No Fees
Taxes..
MT114, D
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At(l NA ALCOMENDRA RDF # e83
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sMTA PLARA COVNTY RECORDER
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request f
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Cbomty Agency
2015 -33
-SpaccAboveYor Recorder's Use
-MAMTENMC'S AM INDEMNIFICATION AGIMMVM. T
Babbs Creek Drive Trail Connection
'It.A�MKAGRUMMNT =-M is
THIS' CEAND,7 made and
city i6ipal
entered unto as 4i6e,eZVO - di �ZE 201. by 1C Gilroy, amun pqrpomtion of
apolitical 9 . ubdiNisjoh of the State of
the State of California n* Clara,
ifornia C'CIV) and the of S
California ("County', collectively refined to herein as the "Parftcr and individually, 2"Party' f
RECJTAL5 0 0
WHEREAS, the County owns, operates and maintains Santa Tema Boulevard behind BdUU; Creek
Drive (-County ROWJ-, and
WM PtEAS the Babbs Creek Trail CITWV7 uses County ROW on Sant4 tawa.Boulevard fora
U
d04or Public, access for nearby subdiVision; and pedestris4 *a bicjt pViway to provide
WHEREAS, the City seeks to maintain the Trail within County ROW as shown in Exhibit A-, and
MrIMMEAS, subject to in accordance with the tarms and conditions of tt.fis. Agreement, City has
agreed to retain all responsibility for the maintenance and-repair of the Trail within County ROW,
and
i
the Parties desire to memorialize such agreement in writing.
NOW, THEREFORE, in considerition, of the mutual covbftnts;and.conditions contained herei.nand
other-good and valuable cons'i'deration, thereceipt and tufficiency'of which•are hereby 46knowledged,
the Parties hereby agree;as follows:
To be recorded Mhout fee 1 of 7
as per Gov. Code 6103
MAINTENANCE AND INDEMNIFICATION AGREEMENT
Babbs Creek Drive Trail Connection
1. Incoiporation. The above Recitals are hereby incorporated herein and made a part hereof.
2. Maintenance and Repair. City shall, at no cost or expense to County, at all -times daring the
term hereof maintain, or cause to be maintained, the Trail in good and operational condition,
which shall include periodic inspection of the Trail. Trail maintenance shall consist of the
following (collectively, "Maintenance):
a. Trimming, clipping and mowing the vegetation and weeds as necessary to keep the same
in good, clean and orderly condition;
b. Removing all papers, debris, filth and refuse to the extent necessary to keep the Trail in
good, clean and orderly condition;
c. Periodic inspection of and maintenance of the Trail surface to keep it in good condition
for public use;
d. Periodic inspection of the 84nch corrugated metal pipe crossing the Trail and keeping it
clear of sand, mud, tree leaves, branches and other debris to maintain unimpeded flow;
and
e. Paying all costs and expenses for the Trail Maintenance.
The City shall complete or cause to be completed all Maintenance to the satisfaction of the
County Director of Roads and Airports Department. County shall have the right to monitor or
otherwise evaluate the Maintenance and all work performed in connection with the Trail. City
agrees that any damages caused by direct or indirect failure of the Trail to the County ROW,
public drainage system, or any public structures within County ROW shall be restored to their
original condition by City in its sole cost and expense. All work shall be conducted in
accordance with the County's standard specifications to the satisfaction of the Director of
Roads and Airports Department.
3. Maintenance Service Contract and Payment. If the City contracts for third -party services to
satisfy its Maintenance obligations under this Agreement, the following provisions apply:
a. The frequency of the improvement maintenance activities shall be established in a
maintenance service agreement prepared by City and mutually agreed upon in writing
by County and City.
b. City shall prepare the Trail.maintenance service agreement to be reviewed and
approved in writing by County prior to City awarding the contract. City's Trail
maintenance service agreement with a third party shall include, at a minimum, the
County general provisions provided to the>City by County on public convenience and
safety, stomtwater pollution control, use of chemicals (herbicides, insecticides and
pesticides) and application for an annual no-fee County encroachment permit for the
work performed in County rights -of -way. Following approval bythe County, City
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MAINTENANCE AND INDEMNIFICATION AGREEMENT
Babbs Creek Drive Trail Connection
services. City shall be solely responsible for the award, administration and payment of
the services established in the maintenance Service agreement.
c. Any and all maintenance.services identified in the maintenance service agreement
between the City and County and performed by City's contractors must require City
contractors to defend and indemnify County, its officers, agents and employees for any
damages and injuries, including costs and attomey's fees, occurring from or arising out
of the negligent acts or omissions or willful misconduct or performance of the tram
improvement maintenance service contract by City contractors. The City's contractor
must name the County as additional insured on all applicable insurance coverage
required by City of its contractor.
4. failure to Maintain. If City fails to perform the Maintenance as required herein, County shall
give City a 30 -day notice to comply with City's Maintenance obligations under this
Agreement unless there is an immediate safety concern In the event of an immediate safety
concern, or after the 30-day notice, County may, at its option, provide the Maintenance not
performed by City and collect all costs incurred by County to perform the Maintenance not
performed by City under the notice from County. Any action by the County does not affect or
limit City's indemnification of County.
5. Obligation to Remove. in the•event the Dhtdor'of Roads and Airports determines in his sole-
discretion that a necessary work of improvement requires that the Trail or a portion thereof,
must be removed from the County ROW, the County will give City a minimum of 30 days
notice to remove those portions of the Trail that prevent implementation of said work of
improvement In the event that City falls to remove those portions of the. Trail upon
expiration of the time limit imposed by the County, the County may, at its option, remove
those portions of the Trail and collect all costs incurred by County to remove the Trail or a
portion thereof, as described in the notice from County, from City which costs will include all
reasonable administrative costs. Any action by the County does not affect or limit City's
indemnification of County. Upon removal of the Trail and the payment of all costs of removal
charged by the County, the City will be deemed to be fully and completely released from
obligations hereunder. The County will record a release from this Agreement upon the
termination pursuant to this section.
6. indemnification. In lieu of and notwithstanding the pro rata risk allocation wbich might
otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the
Parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but
instead the County and City agree that pursuant to Oovernment 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 by Government Code Section 810.8) occurring by
reason of the negligent acts or omissions or willful misconduct of the indemnifying. party, its
Officers, board members, 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, employee or agent thereof shall be responsible for any damage
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MAINTENANCE AND INDEMNIFICATION AGREEMENT
Babbs Creek Drive Trail Connection
or liability occurring by reason of the negligent acts or omissions or willful misconduct of
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. This indemnification provision shall survive any termination of
this Agreement.
7. Iatsarated'Pest Management. The County has adopted Santa Clara County Ordinance
Division B28, attached hereto as "Exhibit B ", concerning integrated pest management and
pesticideuse, refined herein as the "IPM Ordinance" and incorporated into this Agreement by
reference. City agrees to comply with the provisions of the IPM Ordinance, including as
follows:
a. Prior to using any pesticide, City shall receive the written approval of the County IPM
Coordinator. If pesticides must be used, City shall use only those pesticides on the list
located at httpJ/Pesticides.CounM&ads.org, which are designated as approved
pesticides. The list of approved pesticides may change from time to time. Upon
change, the list will be updated on the website. For an updated list, the applicant may
also contact the County IPM Coordinator, as listed on the aforementioned website.
b. City shall not use any pesticides listed under Section B28-6 of the IPM Ordinance.
c. If pesticide must be used and they are listed as approved pesticides on the list located
at http : //Pesticides.CountyRoads.org, they shall be applied only by a licensed
applicator in the appropriate category, licensed by the Structural Pest Control
BoarMepartment of Pesticide Regulation, State of California.
d. Following approval to use a,pesticide per Subsection 7(a), City shall provide the
County with seventy -two (72) hours notice of actual pesticide applications to be
performed on the County ROW.
e. City shall maintain and provide County with pesticide use records. The pesticide use
records shall include all the information listed in Section B288(a) of the Ordinance (m
Exhibit B). The records shall be maintained by the City for three (3) years following
the date of submission to the County.
S. Attorney's Fees. In the event a Party commences a legal proceeding to enforce any of the
terms of this Agreement, the prevailing Party in such action shall have the right to recover
reasonable attorneys' fees and costs from the other Party, to be fixed by the court in the earns
action. The term "legal proceedings" as used above shall be deemed to include appeals from a
lower court judgment and it shall include proceedings in the Federal Bankruptcy Court,
whether or not they are adversary proceedings or contested matters. The term "Prevailing
Party" as used above in reference to proceedings in the Federal Bankruptcy Court shall be
deemed to mean the prevailing Party in any adversary proceeding or contested matter, or any
other actions taken by the non- bankrupt Party which are reasonably necessary to protect its
rights under the terms of this Agreement.
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MAINTENANCE AND INDEMNIFICATION AGREEMENT
Babbs Creek Drive Trail Connection
9. Recordation. This Agreement shall be recorded in the appropriate public records of Santa
Clara County, California.
10. Term. This Agreement is effective upon the date that all parties hereto have executed this
agreement. It shall remain effective until terminated by (1) mutual agreement of the Parties in
writing, (2) by at least thirty (3 0) days' prior written notice of termination from one party to
the other, or (3) otherwise pursuant to the terms of this Agreement. Prior to termination of the
Agreement pursuant to this section, County shall have the right to require City to remove the
Trail and return the County ROW to its original condition at City's sole expense. If City does
not remove the Trail prior to termination of the:Agreement, County, may elect'to remove the
Trail; re the County ROW Aoits original condition, and collect ell costs'thereoffibIn City.
Upon removal of the Trail and the return of the County ROW to its original condition, or if
applicable, the payment of all costs of remove[ charged by the County, the City shall be fully
and completely released from obligations hereunder. The County will record a release'fmm
this Agreement
I l.;No Property Interest. City shall not acquire any interest or estate in County's property
pursuant to this Agreement
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MAINTENANCE AND INDEMNIFICATION AGREEMENT
Babbs Creek Drive Trail Connection
12. Notices. All notices, requests, demands, and other communications hereunder sball be in
writing and shall be given (i) by Federal Express (or other established express delivery service
which maintains delivery records), (ii) by hand delivery, or (iii) by certified or registered mail,
postage prepaid, return receipt requested, to the Parties at the following addresses, or at such
other address as the Parties may designate by written notice in the above manner.
To the County: To -the City:
Michael J. Murdter, Director Richard G. Smelter
Roads and Airports Department Director, Public Works Department
County of Santa Clara City of Gilroy
101 Skyport Drive 7351 Rosanna Street
San Jose, CA 95110.1302 Gilroy, CA 95020
Such communications may also be given by facsimile transmission, provided any such
communication is concurrently given by one of the above methods. Notices shall be deemed
effective upon receipt, or upon attempted delivery thereof if delivery is refused by the
intended recipient or if delivery is impossible because the intended recipient has failed to
provide a reasonable means for accomplishing delivery.
13. `Future Improvements. Additional improvements on the County ROW or changes to the Trail
plans as shown on Exhibit A are not allowed without approval by the County and an
appropriate encroachment permit issued by the County Roads and Airports Department.
14. Law and Permits. The Parties shall comply with all applicable laws and regulations. City
shall require third party installers of Trail improvements to obtain all required permits
including an encroachment permit from the County Roads and Airports Department prior to
entry and construction on County ROW. City or its contractor shall obtain an encroachment
permit from the County Roads and Airports Department with an approved Traffic Control
Plan to conduct any maintenance activities that affect the roadway or shoulder.
15. Governing Law and Venue. This Agreement shall be construed and interpreted according to
the laws of the State of California, excluding its conflict of law principles. Proper venue for
legal actions will be exclusively vested in a state court in the County of Santa Clara. The
parties agree that subject matter and personal jurisdiction are proper in state court in the
County of Santa Clara, and waive all venue objections.
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MAINTENANCE AND INDEMNIFICATION AGREEMENT
Babbs Creel. Drive Trail Connection
16., Miscellaneous. This Agreement shall be interpreted and: construed,only by tho. contents hereof
and there shall be no presumption or standard of 600htiction in favor of or against either,
Party. This Agreement may be modified or amended only by a writing duly executed by both
Parties. invalidity or-'-" enforceability of any`provisioa of this Agreement or the
applicability or inapplicability to either Party, as determined by.a court; shall in no way affect
the,Validity :or enforceability of any of the remaining provisions hereo f or t} eir applicability to
the other Party.
IN WITNESS WHEREOF. the Partie§ have entered into this Agreement as of the date first above
written.
lmelser
*ijc Works Department
(ATTACH NOTARY FORM)
COUN
Bp:
/o Z
Mich— i"ter, Director Date
Roads ' Airports Department
OFFICE THE CO Y EXECUTIVE:
lvi o Depu County Executive Date
APPROVED AS TO FORM AND LEGALITY:
B r
ay Ruiz Dat
Deputy County Counsel
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i
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1180
A. notary public or other officer completing this certificate vw fies only .the Identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document
who proved to me on the basis of sat
. subscribed to the Within instrument and
(�i's�+i herltl4e�r autharrzed capaci ; and
or tfie entity upon behalf of whie pei
MWA A OMM.
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Sam clars Caaiiy
Coa>frt 1 2018
evidence to
daed to me
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
Is true and correct.
WITNESS my hand and official seal.
Signature
i nature of Notary fPU i
Place Notary Seal Above
OPTIONAL -
Though this section Is optional, completing this Information can deteralteration of the document or
fraudulent reattachment of this form to an unintended document
Description of Attached Document
Title or Type of Document: Document Date:
Number of Pages: Signers) Other Than Named Above:
Capac lWes) Claimed by Signer(s)
Signer's Name:.
0 Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other.
Signer Is Representing:
Signer's Name:
O Corporate Officer — Title(s):
❑ Partner — ❑ Limited D General -
0 Individual ❑ Attomey in Fact
• Trustee O Guardian or Conservator
• Other:
Signer Is Representing:
62014 National Notary Association - www.NadonsiNotary.org - 1-800-US NOTARY (1-80o-876-6827) ftem#5907
CALIFORK-11A ALL-PURPOSE - • • f'
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A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the
document to which this-certificate is attached, and not the truIthfulness, accuracy, or vafiddy of that document.
State of California )
County of ��_.�- )
On m., 76h
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-�^ A,� - - Here /rtsert Name and Tide of fficer
personally appeared mi. (,j et, J . M4Ud -�LY
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who proved to me on the basis of satisfactory evidence to be the personi4 whose name(4 ista*
subscribed to the within instrument and acknowledged to me that he/ Sy executed the same in
hIs&mMWr authorized capacity(io, and that by hialliniMir signature(4 on the instrument the personk
or the entity upon behalf of which the person(gLacted, executed the instrument.
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NoWll .tea • _Catltomla
Santa � Caunh
L—MCOM $625 2019
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
Is true and correct.
WITNESS my hand and official seal
Signature &40�'
Signs ure of Nota ` ; brc
Place Notary Seal Above
OPTIONAL
Though this section Is optional, completing the Information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document —
Description'bLAlttached Document
Title or Type of Obsumen
Number of Pages:
Signer(s) Other
Capacity(iss) Claimed by Sign
Signer's Name:
0 Corporate Officer - e s): _
0 Partner — O ed ❑ General
Individual O Attorney in Fact
Trust 0 Guardian or Conservator
0 r.
Signer s Representing:
Date:
Above:
Signer's Name:
• Corporate Officer — Tkle(s):
• Partner — 0 Limited 0 General
0 Tibstt
0 Other
Signer Is
O Attorney In Fact
0 Guardian or Conservator
02014 National Notary Association • www.Nationa[Notary.org • 1- 800 -US (VOTARY (1- 800 -876 -6827) Item 96907
ExhIMM - WMMTBD PWr DANA Pr AND PBSnCIDB UM
CHAPTER L (3MURAL PROVISIONS
Sea B28.1. Intent and purpose.
The County, in carrying oat its operations,
finds it: pecessary from -time to time to use pssti-
dedes on` County,. property. The;Pleat of this divl=
sion,is to protect the health and safety of County
employees sad the;general ;public; file 'eavirou
men.t . and water quality, as- :weli ,as to ;provide.
sustainable solutio#s:.for peat control on.-County,
proper*'The. Board of Supervisors lift find;
and. declares. that: it. shall he the ,policy :4 the
County of Santa Clara to eliminate or reduce
pesticide application oa County property to� the
ma$imnm
extent feasPbie. Trefere>}a sh& be
given to avagable non pestidbalternativee,a here.
feasible, before considering 'the. use .of pesticides
on County property. -
This divieiaa concerns the applicatioh of *' ti-
cides to property.owned by the Caunty OSanta
Clara only, and does not ea cern the application of
pesticides to'properly that is not owae7d'1W &0
County of Banta Clara.
(Ord. No.. NS- 6il.70, 6- 21-02)
Sea B26-L Definitions.
Whenever used in this division, the following
terms shell have the meanings not forth below;
(a) AntimicrobWpordeda are peatlddes,ouch
as disinfectants and sanifizers, that are
intended to disinfect, sanitize, reduce, or
mitigate growth or devilopment of micro-
biological organisms; or protect Inani-
mate objects (for example floors and walls),
industrial processes or systems, surfaces,
water, or other chemical substances from
contamination, fouling, or detedoratton
caused by bacteria, viruses, fungi, proto-
zoa, algae, or slime.
(b) Approued list is the list of pesticides au-
thorized by the County WM.Coordinator
for use an County property developed in
accordance with Section B28.6.
(c) Carbamates means esters an N- methyl
carbamic acid, which inhibit cholinesterase.
(d) Contract is a binding written agreement,
including but not limited to a contract,
CDB28:3
1920-2
permit, license or lease between'a person,
firm, corporation or other entity, Includ-
ing a governmental entity, and the County
of Banta Clara which grants a right to use
or occupy property of the County or which
provides pest management services.
(e) County Execudw is the County Exeattive
or his or her designee of the County of
Banta Clara.
if). DemonBtrat om site, Is . specific area or
site desalinated by: a; department to oval-
;ate: the use of a` petal management stmt-
(g) Department is any agency cr department
of the County:of Seater Claw. Depart erit
does:ti i inglude *O ipector control dietnct
or:anyi other local, state, or federal agency
(iil Deporimen7a11PM eoondbudor is tome -.
oats tiesiggated by a. depi � head to
coordinate.. the depattau dVe' IPM. pro -
flra3iL
(i), Conn& IPM Coordbudor is. Rhe • person
deApmated by the Coun1w Executive to
implement and ayersee the 4ounby dSanta
Clare's EM program.
0) Feasible means capable of bcing aceom-
pushed in a sacceesR manner within a
reasohAie period ;of; time, taking into
acconat eesnomic, envirsnametrtal, social,
and technological factors.
(k) Integrated pert minagament 17AW is a
deels3on- making proem for managing
pests using monitoring to determine post-
caused iruiny levels and combining biolog-
ical control, eulturol practices, mechani-
cal and physical tools, and chemicals to
minimise: peaf ride „uwWL The method
uses extenaive knowledge about poets,
such as inhstem thresholds, life histo-
ries, environmentalreq*ements, and nat-
ural Memiss to aompleiment and ladlitate
biological: and other natural control of
pests. The method uses the least hazard-
ous pesticides only as a last resort for
Controlling pests.
I ?
f B28_2 SAMM CLARA COUNTY CODE
(i) ipm technical advisory group apm na) Bee. 1326.8. Gonmml exemptions.
is the technical advisory group to the (a) This division shall not apply to the use of
County fer the IPM program and is fur- any pesticide for the purpose of improving or
Cher described in Section B28-9. maintaining water quality at any County-owned
(m) Organophosphates means or operated drinking water treatment plants,
oiwmaphosphorus esters, which inhibit wastewater treatment plants. rissavoka. and re-
cholinesterase. lated. collectives, distribudon, and treatment hdl-
ities.
(a) Pest is any insect rodent, nematode, fan-
gus, weed, or any other form of terrestrial
or aquatic plant or animal lift or vis ms,
bacteria, or other microorganism (e:rcept
certain insects. viruses, bacteria, or other
microoiginisin on or in living -jkn or
living ini ). '
(0) Peatteido is any substance, W milt= of
substances which is intended to be used
for defoliating plants. - regulating plant
growth, or for preventing, depbmymg, re.
Paling.. or mitigating my pest which
may infest or be detrimental to vegeta.
tion, cum, animals, or households, or be
present in any agricultural or
nonagricultural environment. Pestkids for
purposes of this ' division does not Include
antimicrobial agents.
(p) PoeMW is to place signs as identified in
Section 1328-1 to fidb= -16 - and
SPIP. YM
the public of pesticide use it a given site.
(q) S4MI words are the words used an A
pesticide label--Danger. Warning, Can-
tion--to bloicate level, of toziefty.
(r) Toodeity Category Z pesticide product Is
any pesticide product that meets United
States Environmental Protection Agency
criteria for Tmicity Category I under Sec-
tion 156-10 of Part 156 of Title 40 of the
Code of Federal Regulations.
(a) 7bxicity Category 11 pesticide product is
any pesticide product that meets United
states Environmental Protection Agency
criteria for Tooticity Category 11 under
Section 156.20 of Part 166 of Title 40 of
the Code of Federal Regulations.
(Ord. No. NS-517.70,5-21-02)
(b) 7bis division shall not apply to any use of
pesticides on County property by any department
when perftming put management or pesticide
activities autharized by state or federal laws or,
regulations.
(c) This division shall not apply to the use of
pesticides by the vector control distriaL
(d) This division shall not apply to andmicra-
bial pesticides or pesticides used to control pests
in or an living humans or animals. '
(e) This division shall not apply to
contracts except as provided in Section i3is-10.
M This division shall not apply to contracts
under negotiation at-the time this diviaion'b&
comes effective hr a period of five years.
(Ord. 14o. NS- 617.70.6.81 -08)
CHAPTER EL PESTICIDE
See- 132" Comty Integrated pest manage.
ment (MM program.
(a) The County IPM Coordinator " oversee
and coosdinste,.implementation of the WX pro -
ad.
(b) The IM program shall include, but not be
limited to, the fallowing.
(1) Identi& staff member(s) xuponsible for
program implementation;
(2) Acquaint County workers with the IPM
approach and now post managemeni strat-
egies, as they become known;
(a) Inform the public of the County's of to
reduce pesticide use;
(4) Respond to questions about the County's
pea management program and practices;
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SAM CLAM COUNTY CODE
(2) An exemption may be continued beyond (b)
the one-year period by Ong a now re-
quest for exemption as required in Sub-
section NO aj)av4L
(3) Tho."Couro Executive sW have the dir,
erstion-Io Avloke, any exemption.
W smergemw use of eAdd&&
(1) A department responsible for mainte-
nance of a site or facility may apply to the
County EM Coordinator for an emer,
gWW P wddde Use asisnption in &a want
that a put outbreak poses an immediate
threat to public heal* or may awe oft
nifieent, economic damage.
(2) It the County IPM Coordinator ismoi
respond to the applicaticia in. a timely
manner the departmental IM coordbw
to sWmltftg the application may autho-
rize the one-time emergency use of 69
required pesticide and provide no" of
the emergency application to the, Cou*
UM Coordinator in writing within 48
boom.
(3) Posting of emergency use of pesticides
shall be at the time of pesticide applica
tion and comply with all other posting
nquireanents.
(4) Reporting of the exemption and pead"
use will comply with all other reporting
requirements as stated in Section B28-8.
(Ord. No. NS-517.70, 15.22-02) -
See. BOBA ResWetion on the use of pedt-
aides.
Except for the we of pesticides exempted pur-
$Uant to Section L B28-3, pesticides granted an
iiiic)ilil >sp-, M-14-ant to Section B28-0) or 6(e) or
pesticides on the approved Rd per Section B28-
6(a), no department shall we any of the following
types of pealicides. A Hat of the pesticides and
pad" products identified in W through (9)
below shall be on file with the County 2M
Coordinator.
(a) Tbxidty Category I or 11 pesticide prod-
. rats.
(a)
(4)
Any pesticide containing L a chemical iden-
tified by the State, of California te a
chikicii� j1h . ow 46-the Staw to cause
reproductive i.. .
netW'' -
e .0 '.. developmental
L opme
pursuant -0 ; the,
Drinking Water and Toxic Enfmwment
&k of I
Peaticidoe identified by the State of Cali-
fornia oaths Groun�lwa Prote ion List
iftid
Pas dries cleasified1by uVre hip-edient.
oreanoDliosobat�e`twa n�Cides as idea
I ulatkan , _IciIkqWi.z&-DaWbaii.
t"on, ency, a ftownt i& -pw&d&
-Reg"on, Chemical -%4*ea Data
M Aid pes"d'o.4"O"Lai a ljV=W car-
undo; pi mw, 4stabliebbW in *-, uPro-
Oosed GuWAnW fm Caitl ho&m WA As-
e° EPAd3003C, April•1886,
or equivalent docaments.'
(g) MY peadeld's Xz - op official designated
by As California E&hvmenW Prbtec.
tionAgeheyDispartment of ftsttOda Reg-
Aeti `or by '" XtaftW States Azmroa-
-an fal Pt6tectiov' Agency as posing
significant hazard inh
(Ord. No. NS-617.70,6-21-02)
Sm 332M. Rooting of pesticide use
(a) E=ept as 'pranided fiw in Section B28.5(c)
and Section..B2070, aqy department that uses
or authorizim die use of a pesticide shall Comply
with 'the Mowing posting procedwree: -
(1) Signe @hall be posted at least three days
before application of the pesticide and
CDB2&6
;i
t
D"SGRMD PEST MANAGEMENT AND PWnCIDE USE
I
remain posted at least four ;:days alter
in right-of-way locations and other areas '
i.
application, except for baits and emeri .
that the general public does not use for
gency`use of pesticides. which are posted:
recreational purposes. ,
at yhe time of treaanisht in �accoi ance
a. Each department that uses pasti
1
with Section B2"(03) above and Sub-
cides in sn& locations shall provide
section (bx8) below;
a pniilie access telephone number for
t. (2)
For. buildings :and/or landscaped areas
information about pesticide applies.
bons. The public Mijae telephone
adjacent to buildings; algae shall be posted
number shall be posted in a promi-
et main. entry,poiats where the pesticide
neat location at the dspartmanfe i
{
;e applied;
main aMee building. Infw=tion pro -
! (S)
Far open areas, signs shall be posted in
.
vlded shall Mude A 69 items in
Subsection (a)t6) above.
j
highly via�la locations around the Brim-
p
• j.
eter of the area where the pesticide ie
(2) i ce a an a mergency e$=
t
applied;
empticn by file Coudtq IPhI Coordinator I
(4)
For vehicles. used .primarily by County
•:
shall not be required to be postatl priest to
treatment. however, all other segwre_-
I
star siWeball be posted at areas. where
for posting as set in 9ardon
vehicles are obtained or postiing intbrms~
B284(a) shall be followfad.
tion shall be given to the primary driven.
(a) Any pesticide bait placedin a_ container or
(6)
Signs shall contain the:
trap, or applied as a gel or paste in crack
a. Trade name and aedive ingredient of
or shall . u°� • to past
sighs Prior to,- Aineat. Baits, used in-
the pesticide product;
doora, shall be pa** is the vicuuty of
b. Target pest, . ,
applieat►an: Baits, used outdoors, shall be
a Date of post3ag;
posted i14 the main office, park office, or !&
deaigasid s Sig�ge shall be pasted ac-
d. Date(s) of anticipated pesticide use;
carding :te the requirem�ta as set forth in
1
the date(s) of actual pesticide use
Section 828.7(4
will be posted at the main entrance,
(4) The County W Coordinator may in his
park office, or designated site;
or her discretion grant necessary exemp-
e. Signal word indicating the toxicity
flour m the posting requirements.
category of the pesticide product;
(Ord. Na NS- 617.70, 5-214)2)
f. Date for re -entry of staff and the
Sea. B28-L Reeoad keeping and reporting.
public to the area treated ie applies-
(a) Each department that uses pesticided shall
ble;
keep recards of pest management activities, in- EEE
g. Name and contact number for the
eluding information about- demonstration sites
department responsible for the ap-
and exemptions. A copy of this information shall
plication.
be placed in, a centralized record' keeping area in
each department. Where feasible, this informa-
1 (6)
Mine shall have a standard design that is
Lion shall be kept in a notebook or. electronic
easily recognizable by the public and work
equivalent in each occupied building.
an;
Each pest management activity such as pesticide
:application, trapping or inspection Shill, - be. re-
(b)
Exemptions to posting.
corded and, when app, include at least the
! (1)
Departments shall not be required to poet
following information:
signs in accordance with Section B28.7(a)
(1) Target past and extent of problem;
i
CDB28:7'
•
•
i
I,
I B2"
SANTA CLARACOUN Y CODE
(2) Product name, active ingredients, TPA
registration number, formulation, and
quantity ofpesticide used;
(8) Site of the pesticide application;
(4) Date of pesticide application;
(6) Name of person conducting pest manage-
ment activity;
(6) Application equipment number, if appli
cable.
(7) Prevention and other non - chemical meth -
ods of control recommended or used, and;
(8) Evaluation of effectiveness.
(b) The departmental IPM coordinator @ball
keep the following:
(1) Records of pesticide use;
(2) A copy of the label of all pesticides used;
and,
(8) The material safety data sheet for each
pesticide used.
4c) Each department that uses pesticides shall
submit a summary of pest management records
required in Section B28.8(s) and (b) to the County
IPM Coordinator at least quarts*..
(d) Pest management records, Including pesti-
cide use records, are all public records.
(e) Pesticide use records shall be kept indefi-
nitely until an electronic database tracking sys-
tem has been established.
(Ord. No. N9. 617.70, 6- 21-02)
CHAPTER III. IPM W1 wMATION
See. B26-9. Implementation of Coui W Inte
grated Pest Management Ordi•
nance.
(a) This division shall be phased-In over one to
two years in order to provide adequate time for
developing the approved list, documenting cur-
rent IPW practices and/or reductions, and identi-
fying and implementing alternate pest manage-
ment measures. The County IPM Coordinator
shall develop a timetable and farmat for depart-
ments to each submit a plan for implementing
this division.
(b) A technical advisory group (TAG) shall be
ibrmad and shall most at least four times per year
to review the County0s IPM program and provide
comments to the County izecutive. The following
representatives will be invited to participate on
the TAG: two from Pesticide Alternatives of Santa
Clara .County; one firm the Santa Clara Valley
Water District; one from the County Agricultural
Commiadoner, one from the Santa Clara County
Pollution Prevention Committer, one County em.
ph" representing a labor organization; and one
representative from each of the following Santa
Clara County agendas and departments: Roads
And Airports, Parke and Recreation, the General
Services Agency, Valley Health and Hospital Sys.
tem. and Occupational Safety and Environmental
Compliance. The Board of Supervisors may at
their discretion make changes to the composition
of the group as deemed necessary.
(c) The IPM.Coordinator shall provide a quar-
terly report to one or more Board-designated
committees on the status of the IPM program
Including information about past problems, peati-
cide use, fiat of exemptions, goals and program,
staff training and public education, and antici-
pated changes that may affect pesticide me.
(Ord. No. N9. 617.70,. &21-02)
Sea. B28.10. County contracts and ease.
menta.
(a) Eaeept as provided in W below, when a
department enters into a new contract (see Sec-
tioa B28 -2(d)) or amends an existing contract to
extend the term of the contract for more than six
months beyond the c urent term and any optional
extension periode, the contract @hall require eam-
pliance with the provisions of Ibis division includ-
ing those relating to pesticide restrictions, record
keeping, and reporting.
(1) The County Executive may grant an ex-
emption, hr up to five years from contract
compliance with all or part of the provi.
dons of this division in the event compli.
ance would negatively impact County rev -
enues, prevent the highest and best use of
CDB28:8
�a
an asset as determined by the County
Executive, or where it is demonstrated
that full compliance cannot be achieved.
Notice of spy exemption granted pursu-
ant to this Subsection (1) shall be, given to
the applicant and to the IPM TAG. no
notice shall state that any person dissat-
isfied with the decision of the County
Executive may Me an appeal with the
Clerk of the Board within 15 calendar
days of the date of the natim no appeal
will first be head before &a County%
Housing, Land Vae, Environment, and
Transportation Committee, which Com-
mittee sha -
make a nation to
the Board of Supervisors The decision of
the Board of Supervisors 'shill be final.
W A contractor, or department on behalf of a
contractor, may apply for examptions authorized
under Section B28.5W and W, and this Section
B28-20.
(C) When a department enters into a new loan
-in vibich the County is occupying or using prop-
erty not owned by the Country (and thus not
within the definition. of contract in Section B28-
2(ift the County " —reasonable efforts to
, -, use -_ '-p-044 -
negotiate the "use 6f IPM practices as part of that
lease.
(d) In current leans In which the County is
occupying or Using.prop - " not owned by 'the
Qq Unty the C ouptV shall encourage
the use of
WK practices whenever practical. *
(a) When the County is granted an easement,
the maintenance of the easement shall be in
compliance with this division if consistent with
the terms of the easement.
(f) A proem, which incorporates a request for
qualifications, shall he used in the selection dell
contractors for pest management services and
shall be In compliance with County contracting
policies and state law. no County IPM Coordina-
tor and the TAG may participate In the process.
All contractors applying for put management
services shall submit a past management plan,
which outlines how theywill complywith the TM
I B28-24
Ordinance. The plan shall give Preference to
prevention and other non-pesticide or least toxic
methods of post control.
(Ord. No. NS-517.70, 5-21-02)
See. B28-I1. Pesticide purchases.
All,peptiOd epi;qdueta and pest CS
that iniluk'pasticide appl!cahons .9hall, comply
with this dfvfidon�and be purchased through the
County Procurement Department, not using the
petty cash or direct pay methods.
(Ord. Na NS-617.70. &21 -02)
Sea 1328-12. Policy and guidelines.
The County Executive may recommend polia
for Board approval and Issue guidelines to imPI&
ment this divielm
(Ord. No. NS-517.70, 6-22-02)
Sec. 828-I8. No criminal penalties or sanc.
tione.
The provisions, of Batton Al-28 of the Santa
Clara County, Ordinance Code shall not %qAY to
this division; nor shall any person, or government
official, baud. commission, or agency be respon-
sible for any criminal penalties for any violation
of the division.
(Ord. No. NS-517.70, 6.21-02)
Bec. 828-14. No civil liability for violations
of this chapter.
This division and the provisions an directory,
and are intended to set frith goals and program,
elements for management of pests and pesticide
use. This chapter is not intended to create a
standard of " liability for the acts or faiture to
act of the County and its employees and contrat-
on. No perami. government official, boat, com-
mission- or agency shall be liable in my *4
action or proceeding for damages for violation of
any of the provisions of this division.
(Ord. No. NS-517.70,5-21-0
CDB28:9