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Santa Clara County - Maintenance and Indemnification Agreement for Santa Teresa & Miller Roundabout and TrailRECORDING REQUESTED BY: County of Santa Clara WHEN RECORDED MAIL'TO: The County of Santa Clara Roads and Airports Department 101 Skyport Drive San Jose, CA 95L10 -1'302 Attention: Jim Walsh File# 1405'18 D,OCUNENf 23.1365'7.6 Pages: 24 ,. Fees- No Fees i AMT RA.Ip - REGINA ALCOMENDRAS ROE # 003 SANTA CLARA COUNTY RECORDER 11/05/2015 �. Recorded at the rgquest of 1: 23." PM` County Agency- 2015 32 Space Above Fot Recorder's Use MAINTENANCE AND INDEMNIFICATION AGREEMENT SANTATERESA BOULEVARD AND MILLER AVENUE ROUNDABOUT AND TRAIL 'THIS MAINTENANCE AND INDEMNIFICATION AGREEMENT (this "Agreement) is made and-entered into-as•of the:date.fully executed by the County qf, Santa Clara, a California political subdivision .(the "County'), and the City of Gilroy, a California municipal corporation (the "City'). The County and the City are collectively, referred to as the "Parties" and,individually,, a. "Party". ;RECITA,LS WHEREAS, the County, owns, operates; and maintains Santa Teresa Boulevard between Miller Avenue and Thomas Road as depicted on- Exhibit A (the "County ROW"); and WHEREAS, County policy precludes the County frombincurring new landscape or street lightcosts, including costs of maintenance, for the County ROW;--and WHEREAS, the City seeks to install certain traffic control and trail improvements in and along the County ROW and adcept all responsibility for the maiptenance•and repair thereof; and WHEREAS, the Parties desire to memorialize such agreement in writing. NOW, THEREFORE, the Parties hereby agree as follows: 1. Incorporation. -The above Recitals are hereby incorporated herein and made a part hereof. 2. Maintenance acid Repair:, City shall, at no cost or expense to County, at all times during the term hereof maintain, or cause to be maintained, the traffic control and trail improvements. depicted in Exhibit A (collectively, the "improvements' ) in good and operational condition, which shall include periodic itispection. Mdintenance shall include, but not be limited to, the following (collectively, "Maintenance'lt- To be recorded Without -fee as per Gov. Code 6103 W m .O A O o ;C a 0O: Vmp 00 W m �D 1 of 7 MAINTENANCE AND INDEMNW[CATION AGREEMENT SANTA .TERESA BOULEVARD AND MIMER AVENUE ROUNDABOUT AND TRAIL a. "Roundabout and - Trail'. Operations '11iIa'mtenance,anaRepair: 'i Providing .preventive.maintenarioe, including-resurfacing, overlays, and pavement markings, fttr asphalt pavement areas; ii. Repaiinipdamaged asphalt; including potholes and tripping hazards, as soorr as is ,practicable; iii. Restriping asphalt trail pavement markings as needed for visibility and safety; iv. Keeping the flashing .beacons in .good working order, v. Repairing or replacing -roundabout traffic signage as needed; vi. Maintaining drainage infrastructure and clearing debris from drainage inlets to .maintain unimpeded flovr, and, vii..Maintaining the C.3 ttormwater treatment areas, including vegetation and perforated pipes. b. Landscaping Maintenance: i. Trimming, clipping and mowing the landscaping as necessary to keep the same in good, clean and orderly condition; ii. Removing all papers, debris, .filth and refuse to the extent necessary-to keep the landscaping m• good, clean and •orderly condition; . " iii. Pruning and trimming-the trees and shrubs as necessary, in such a manner as to not interfere with sight lines aad vehiculat clearance or clear passage. for pedestrian, bicycle and motorized vehicle traffic on adjacent roadways; iv. Installing tree root barriers as needed to protect curb, pavement, and sidewalk; v. Removing all tree debris regularly as part of:routine niaintenance to prevent debris from being deposited into County roadway drainage system inlets, maintain surface drainage and repairing' erosion; vi. Collecting and removing clippings, debris, or litter. Clippings, debris, or litter may not be blown or swept onto the pavement (blowing materials away from the 'pavement, conditiQns permitting, shall :generally be permissible); vii. Maintaining and repairing:irrigafion systems serving the landscaping; viii.Repairing the fence as needed; and, ix. Paying all costs and expenses. for the water used to irrigate the landscaping. c. Street Lighting Operations: Maintenance. and Repair. 2 of 7 MAINTENANCE AND UMEMN]MCATION AGU MENT SANTA TERESA BOULEVARD AND hff=R AVENUE ROUNDABOUT AND TRAM i. Maintaining and repairing of lamps, fixtures, poles, structures, electrical conduits and conductors, service points and boxes, pull boxes, and any other device, feature, equipment, assembly or qty associated with the new street lights, and I Paying all costs and expenses for the electricity used for the new street lights. The City shall complete or carne 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 perfomned in connection with the Improvements. City agrees that nay damages canned by the Improvements within � indirect) RW to the shallall be�c+estored totheir o or anypublic stn�cues Y gi condition by City in its sole cost and expense. All work shall be conducted in accordance with the County's standard specifications to the w6kfaction of the Director of Roads and Airports Department. 3. Maintenance'Service Coatiact an&Fayment. 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 Maintenance shall be established in a mWntenance service agreement prepared by City and mutually:eg * upon in writing by County and City. b. City shall prepare the maintenance service agreement to be reviewed and approved in writing by County prior to City awarding the contract. City 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, Clean Water Regulations, Section 7 (IPM) ofthis Agreement, and application for an annual no-fee County encroachment permit for the work performed in County rights-of-way. Following approval by the County. City shall obtain services in accordance with City policies and procedures for contracted servica. City shall be solely responsible for the award, administration and payment ofthe 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 iujmie% including coo and attomey's Ams, occurring from or arising out of the negligent acts or omissions cc willfW misconduct or performance of the landscape maintenance service contract by City contractors. Tlhe 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 requires 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 sm immediate safety concern, or after the 34-day notice, County may, at its option, provide the 3 of 7 MAINTENANCE AND INDEMNMCAnON AGREEMENT SANTA TERESA BOULEVARD AND MILLER AVENUE ROUNDABOUT Maintenance not perftmed 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. AND TRAIL 5. 0Q4W 'to l erfuove. In the event the Director of Roads and Airports determines in his sole discretion that a necessary work of improvement requires that the Improvements or a portion thereof, must be removed from the County ROW, the County will give City a minimum of thirty (30) days notice to remove those portions of the Improvements that prevent implementation of said work of improvement. In the event that City fails to remove those portions of the Improvements upon expiration of the time limit imposed by the County, the County may, at its option, remove those portions of the Improvements and collect all costs from City which costs will include administrative charges. Any action by the County does not affect or limit City's indemnification of County. Upon removal of the Improvements and the payment of all costs of removal charged by the County, the City will be deemed to be frilly 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 lien of and notwithstanding the pro rata risk allocation which migbt 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 shared pro mta but instead the 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 by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, bard 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 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 iris Agreement. 7. Jntegrated, Pest Management, City shall comply with Santa Clays County Ordinance Code; division B28 (Integrated Pest Management and Pesticide Usel as itmay be amended from time to time, regarding the application of pesticides on County -owned property, including those provisions relating to pesticide restrictions, record 'keeping, and reporting. 8.:Attorriey's- Fees. In the event a Party commences alegal proceeding to enforce any of the tams of this Agreement, the prevailing Party in such action shall have the rightto recover reasonable attorneys' fees and costs from the other Party, to be fixed by the court in the same action. The term "legal proceedings" as used above shall be deemed to include appeals from a lows court judgment and it shall include proceedings in the Federal Bankruptcy Court, whether or not they are adversary proceedings or contested 4of7 MAINTENANCE AND INDEMNIFICATION AGREEMENT SANTA TERESA BOULEVARD AND MILLER AVENUE ROUNDABOUT AND TRAIL matters. The term "Prevailing Party" as used above in reference to proceedings in the Federal Bankruptcy Court shall be deemed to mesa 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 9. `Recordation: The County may record this Agreement in the appropriate public records of Santa Clara County, California. _ 10. Term. This Agreement is effective i' Agreem upon the date that all parties hereto have executed this agreement It shall remain effective until terminated by (1) mutual .agreement of the Parkes in writing, (2) by at [east thirty (30) 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 Improvements and return the County ROW to its original condition at City's sole expense. If City does not remove the Improvements prior to termination of the Agreement, County may elect to re move the Improvements, return the County ROW.to its original condition, and collect all costs thereof from, City. Upon removal of the Improvements sad the return of the County ROW to its original condition, or if applicable, the payment of all costs of removal charged by the County, the City shall be fully and completely released from obligations hereunder. The County will record a release from this Agreement 11. No Property Interest. City shall not acquire any interest or estate in County's property pursmnt to this Agreement. 12. Notices: All notices, requests, demands, and other communications hereunder shall be in writing and shall be giver (i) by Federal Express. (or other established express delivery service which maintains delivery records), (ii) by hand delivery, or (iii) by ceartified or registered mail, Postage pfd, return apt requested, to the Parties at the following addresses, or at such other address as the Parkes may designate by written notice in the above manner. To the Couunty: Michael L Murdber, Director Roads and Airports Department County of Santa Clara 101 Skyport Drive San Jose, CA 95110 -1302 TV-the g&: Richard G. Smelser Director, Public Works Department City of Gilroy 7351 Rosanna Street . 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. 5 of 7 MAINTENANCE AND INDEMmkcATION AGREEMENT SANTA TERESA BOULEVARD AND MII.LER AVENUE ROUNDABOUT AND TRAIL J/ // // // 13.; Future Improvements. Additional improvements on the County ROW or changes to the Improvement 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.;lAaw grid Permits. The Parties shall comply with all applicable laws and regulations. City shall re —q--u a all third party installers of Improvements to obtain all required permits including an encroachment permit from the County Roads and Airports Department prior to entry and construction on the County ROW. City or its contractor shall obtain an encro permit from the County Roads and Airports Department v than approved Traffic Control Plan to conduct my maintenance activities the affect t>te roadway or shoulder. 15. Governing Law and Venue. This Agreement shall be construed and interpreted according to the Iaws of the State of Callfomia, 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 pesond jurisdiction are proper in state court in the County of Santa Clara, and waive all venue objections. 6of7 l: MAINTENANCE AND INDEN IPMCATION AGREEMENT SANTA TERESA BOULEVARD AND MQ,LER AVENUE ROUNDABOUT AND TRAII, 16. Miscellaneous. This Agreement shall be interpreted and construed only by the' hereof and there shalt be no presumption or standatd of construction ruction to favor of or against either Party. This Agreement may be modified or amended.only by a writing duly executed by both Parties. The invalidity or unenforceability of any provision 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 hereof or their applicability to the other Party. IN WTITIESS WHEREOF, the Parties have entered into this Agreement as of the date first above written. CITY OF BY: Qr Srnelser Director,'Publisf.Works Department DATE: _/ I� :Zel (ATTACH NOTARY FORM) COUNTY OF SANTA By 14 Z IS h `Mic l . Murdter, Director Date Ra - Airports Depart ent OF 6y: APPROVED AS TO FORM AND LEGALITY: Date 7of7 MAINTENANCE VEHIC PARKING BAY STORM WATER TREATMENT BASIN - (20) STREET LIGHTS STORM WATER TREATMENT BASIN r (4) FLASHING BEACONS SEE SHEET 2 SCALE IN FEET: 1 "a 100' I KEY RIM EMITA SANTA TERESA BLVD MAIIVMANCEAREA EXHiBTT Sf=1 OF 8 IA GII.AOY, CALIFORNIA AtT=2015 RUGGERI•JENMR -AZAR _ _ I tNOtMttp9 • A�AN_N[p4_�- BYpYLY011i PX ' t= M ; 4 6/8 -07CJ Mm raoimsWpm�sxa tu�L" em,aa 102M CALIFORNIA AL .L- PURPOSE ACICNOWLEDUMPNT CIVIL CODE § 1189 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 truthfulness, accuracy, or validity of that document. State of California ) County of dr L _. Q�— On ' M.IOLr before me, rL a 07MUA Date j� A ere, Insert Name and TWO of t "cer personally appeared At 1 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(ft whose name(, Is/am subscribed to the within instrument and acknowledged" to. me that her executed the same In hWMWM authorized capacity(illSj, and that by his k sfgnature(4on the instrument the person j* or the entity upon behalf of which the person(l%acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. ANNAMARIF CRUZ WITNESS my hand and official seal. is commisalon 1209934>f 110MYNotary teut►tle - dwor la Said& More Comb - Signature _ _ cam tree Fee 25.20199 'Signatvrh of Notary Pu " c Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or %� fraudulent reattachment of this form to an unintended document Document Title or Type of -1 Number of Pages: Other Than Named Capacity(ies) Claimed by Signer(s) Signer's Name: . • Corporate Officer — Title(s): O Partner — O Limited rteral O Individual omey in Fact •Trustee p Guardian or Conservator • Other Representing: Signer's Name: 7lhdi*A rate Officer - Titie(s): _ 0. r — O Limited ❑General • O Attomey in F act O e Gi Guardian or Conservator • Other. Signer Is Representing: 02014 National Notary Association - www.Nadona[Notary.org - 1- 800-US NOTARY (1- 800 - 876-6827) Item' #5907 CALWORMIA ALL-PURPOSE AC.KNOWLEDGMEW CIVIL CODE § 1189 IA notary public or other officer completing this certificate verifies only the Identity of the individual who signed the ;I document to which this certificate is attached, and not the tnrthfulness, accuracy, or validity of that document. State of.,Canfo l *!a. . ) County of -t✓ r ►rX: On o Dare personally appeared who proved to _me on the basis of satisfactory evidence to be the _person] whose naine,arare- ubscn'bed .to the wdlin instrument and ackndwledged to me that/�sbaLtaey'executed :the same m hi erAhett authorized capacity and thatby.166w r signatuFe($JJ on the instrument the persolt tho7entity.upon behaff of whi a person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. RM ALOMM WITNESS my hand and official seal. Cetmti � Z1�101 ' SM an Cams Signature Conan t ' `laf9 nature of Notary Pu I Place Notary Seal Above OPTIONAL Though this section is optional, completing this Information can deter alteration 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: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Partner — O Limited O General • Individual ❑ Attorney in Fact • Trustee ❑ Guardian or Conservator ❑ Other. Signer Is Representing: Signer's Name: O Corporate Officer — Tltle(s): O Partner — O Limited ❑ General • Individual O Attorney In Fact • Trustee O Guardian or Conservator • Other. Signer Is Representing: 02014 National Notary Association - www.NationalNotwy.org - 1- 800-US NOTARY (1-800-876.M7) item e59o7 loo 200 SCALE IN FEET: Vm= IOW A SANTA, TE.RESA BLVD MARCM4ANC.E AREA EMrr 2 OF 8 GUOY. C4=RM AVG= 2015 %jrb-T A- RUGGM-JENSEN-AZAR INGINIEK • OYRYpORf am ARROYO cm CA' B1QlO I "am am be-am j STORM WAM TWATmeff BASINS CLASS I TRAIL WImwCIW WORMY MATCHIM =MOVE loo 200 SCALE IN FEET: Vm= IOW A SANTA, TE.RESA BLVD MARCM4ANC.E AREA EMrr 2 OF 8 GUOY. C4=RM AVG= 2015 %jrb-T A- RUGGM-JENSEN-AZAR INGINIEK • OYRYpORf am ARROYO cm CA' B1QlO I "am am be-am j 140 SEE ABOVE EY MAP -T2- 1mv 144 LASS i TRAIL FITHN COUNTY IMIT OF WAY f MATaum SEE SSM4 0 100 kd, SCALE IN FEET- '- 100'. SANTA TEMA BLVD FOR MADMNMal OF UEdMT SHEEr 3 OF 8 GlIlW, CALMRMA AUGUST 2015 RUGGEM-ANSEN-AZAR COAP"Tooe W Z=W' PRM ( Z&= FAR (0 640-4= om ow l LANDSCAPE '0. -- = -loo zoo SCALE IN FEET: 1"-' 100' LANDSCAPE SHEETS KEY MAP IBIT A - - ! 6 - - SANTA TEUSA BLVD - mAnvmANa Am Exsrr -- cm SHEEP 5 OF 8 GBAOY, CALIFORNIA RUSS=- JFMSEAI -AZAR CNOIRCCAS . PLANNERS . BNRVLtON• q= HIM AnSIM r I " —4" L---J wo a LIMIT Of LANDSCAPE -ir BACK OF TRAIL CLASS I TRAIL WITHIN CITY OF GILROY LANDSCAPE LIMIT OF LANDSCAPE SPLIT RAIL FENCE MM 6 -.2-60, CHEINE PIM 7. — _`SCALE IN -FEET: i74° i ow EXHIBIT SANTA TtRESA BLVD WE MAMMAMARFA SIT 6 OF 8 GMROY, QAUMRM MX=2015 RUGGERI-.HMSEN-AZAR MATCM]NE SEE SH , EEr 6 LIMIT OF LANDSCAPE 17 BACK OF TRAIL CLASS I TRAIL wnmcay OF GILROY LANDSCAPE LIMIT OF LANDSCAPE SPLIT RAIL FENCE (TYP) LIMIT OF LANDSCAPE SANTA CLARA COUNTY STA. 81+75-00 RIGHT OF WAY CLASS I TRAIL WnHN COUNTY RIGHT OF WAY p 0- —_--100 .200' . ........ SCALE IN FEET: l'- 100' LANDSCAPE SHEEN KEY MAP SANTA TERESA BLVD MADMNANaAM EXMrr SHM 7 OF 8 MOY, CALIFORNIA AUGUST 2015 RUGMRI-JENSEN-AZAR C1101MVIRS,- vQm%pwAw=-*= Z M% no .. . ...... .. RECYCLED WATER LINE MAINTAINED BY 9CVWD AVW .. ....... 0 100 :200 SCALE (N,.FIEET- In- IW, EGUBIT A SANTA TERESA BLVD MARUMANCE AM EXHMff SHM 8 OF 8 GUOY, C4WORM IN41149902 • PLANNERS a sonVgy. ORB PlOm ioos in UM loin 00' 3 am= .4 ExNbll V - MTMW= Fifff MANAGEWNT MD MMCWZ t= CHAPTER L GENERAL PROVINOM Sm B29-L lntmt and Purpose. The Omiatx In carrying out its • filibit e)eeessar9 h±000n ttma to bade to use .ice cUW *,*opOft,ThO .,bat"t dtwdive aim is to pvtect ft hemM and soft of CAUDIF emfteei and 69 generel pd" the envhvs- and. and water quaft as welt tae to pe" austama6te'eolutians fee pod em p'.4molimpty paparty...Thel Dowd d 80* finds and dedam that it the lof the 44iB be On* vt SIMIds, clam 16 elimioste ce reduce psddde applicatiaeie on County pmmtp to the StRAVIM"m extent file. ptdom" ". be &OW twi, P consideft, the use of PeWdAei ca. Covinfly 06,vift, -This = A", a - , Had: -fidpedi.. ddes to property 16. abb-ii Clara onlZ and doss aft ecamn the H of pesticides to pmpodv that is not owned by the County of Seats Clam (Ord. No. N5411.70, &22-= Sea. 828-L DenmIdam Wbmver used is this dividon, the Mowing teems " have the me—Imp at hdb belmr. (a) M imrido6ialpesta des mmodkides much as disinfectaits and marmons - thst an intended to asiamck iinftlse isduk or mit4pas gmwth or dwdwpment dadow b1dogled mpmfin* or puted impl- MWAQWmWWmam*fii@mmdwslA induebw Fccesses or "domweedicm water, or other chemical substances ftm contAminatim holing or detaineUnn caused by.bactaik vkwM Auq$, pvAl,- zom, aWmh or slime. (b) Appaued Nat is the 14, of peetkides am lbovind by the CoumW IPM Cmdimater for use as Can* -- j--r-v durooped In acemidance with SKdbn*B2&L (c) carbemnom manams ed A- I on N-meftl o caddmbilhimb.ftelmuneshmse, (d) Cm&ud is a bbmft written egmement, Including but not limited to a mamet, permi%lUcen orlesm.,fietwmasM ap cwpqis#qu or other ealft a includ. ing a sbmm-=� enW eaft Ud the County ofSa au CIM which pants a d& to use or campy Propettraftbe, Counvorwbich Fmilles Put MSUagemnt services. (0) coun&MMUlim is" COMW.Executive . or his or ber designee of the Cvi*4 Santa clam W bmonknWon eW is ia spee& m a cr site designated by.*k' department ieeml- usle the use of a Pat m@nqp.=entsUW, W (g) ftiarmum Is any qpmW or of the don not tudlOO-tht'isclar pant ml disulet (b) Dq-xwtmnw Im cowdinalor Is SOMW one designated by a deperbint hand to MMUnWA thd deparboiWo IFM pro- (1) can* ipm Omnanow is• the passes deli astied by. the Cmady Execueve to tasp]saentaadovelseethe vanevats - saft . ....... ... :III ping eta. 0) hnedille n:tim cq" at tieing accom- Is a '. 106OW-Ropner within a I OW =6 m and k6noloSW hatom e 00 bNamod pW mmqvnuw (ZPAV is a deelsion-making press Aw maaagiog. ca.and,p *dCd..l" a" cb�ft leili to mfwimf= ps"6 noI w Tee method uses Szkobsive knowiedp Am pmts, to- 6-st"ifi dumehow fib bisto. AW mat. malememiestocomphanwaW bWA&W and other namW mud or peals. 2U method am the long bMI& am pesdoldes =17 as a but eeacrt for emboling 1 BW4 aAMCLOACCVNTrCODS W IPM ter mad advIsory group (IPM TAG) is the technical advisory group to the County hr the IPM program and is for• ther described In Secd=228-9. (M) Organop6ospliotea means a�ganop anus mature, which bildbit (n) Ad is my framed rodent. VAUGSW% fW*- m weed, or any odwhmadtaneatrial or aquatic plant or animal 06 a vitas, cemtrdn insects, viruses; tiibaaa, or caw micaorgaoiam on or in NO* man or living animals). -(o) Peaddde is any atfttama, or schim of • substanceembich, Is intended to be and Sur punb. regulaft plant Iry growth, or por"Famw Oefti.. or Oftitink MO vmi4 101" n► Win or be deirfaiintel to ftet& don, man. am-als or ha s&&I% or be pjmflmnt in W Bipicultow W purposes of Ilds &VIsion dose not Include antimitrobiat agents. (p) P*d* is to place sigms as Wiffied in Section 88&7 to imh= employees and the public of peaticide, use at a Oven afta. (q) SkW words we the wards used on a P"d& labd-4)ADM W&nin&L QW tics -4e incjieate Ind of tatift (r) IbxW& Category, Z peed" pm" is any posheide product that masts United States Znvim=enW ftotedion Agency craerlafff -.— C@*jOm* I mdar Ow Lion W&IO of Part 10 it Title 40 of the Code of Federal Regulations. (a) 2Wd& C26► B pedki& product Is OW Pad" product that meets United States Environmental Protection Agency criteria for Tudaty Catem n maw Section 156.10 Of Part 166 of 7AU 40 of the Code of Federal Begulations. (Ord. No. NS417.70, &21.02) Sea HS&VO.Mer.of ameamptions. (a) This dMdon shall not apply to the use of may pesticide hr the purpose of Inqxroving or -ini.minfainiij water quality at mw CoumW owned or'A09nd"Arinking water —keot;Wuqnt , plants, wastewater treatment plants - - - - -1 and m rated einedium. itim (b) This dMdm " not apply to any use of p**jps,onComWprppqrWkW&qy&partm=t 110.3.11 , - itent Wban 41 -.1SOAt, Management W pesticide adMI6 authorised by data or federal lm or regulations. (c), This division doll not apply to the use of pesticides, by the vector control dwkicL (d) This dMalon dall not apply to mundero. bid —"d I or -- 2 and to control pests In or an living or anizaale. (e) This division don not apply to adding contima except as provided in "Section W&IO. M This division, shall not apply to Contra' maw n-M-0-90.1on at the dw this didelai-be. conses aftedme for a palm of are jreojj. (Ord. No. NS4527.70. &21412) M. Me. _7= Sea 11111" County , Pod =anoip. meat iiPRD (a) The County IPM Cmdamur dmU ovum MM 10001rdinIft . . . . . . . . . . . of the IPM Po. W TIM IPM pwm shall include. but not be limited to, t6 611airing: (1) Identi* staff nL=be*) responsible for program -- antation. (2) Acquaint County worker with the IPM appraa&pm new pm- management strati egles, as 111W bsconaa knmm6- (3) hfcwm the pobbe of the CmWa effint to redumpedidde, MW (4) Respond to quesdom about the COUDW9 put management program and practices; CDB26.4 c� UnTGRATED PER MAKAOMMNT AND PZW=S USE (5) Conduct ongoing educational Programs. where appmpriate, (0) Maintain records and evaluate Peogsam efiectiveness; (7) Develop and mu"tala the approved list of Pesticides. (e) D%=b meats sha1l**=entth9IPMpro- pram consistent with the IPM practices outlined below. Where —amble, consider A-ran p pot tialutmenteforthapesiprob- lOiUj::and mwloy nonjesticide management tat- an first. — aidear the use of dmalcals only as a last resort, and select OW use Asudcols in accor. dance with the pmvlsbm of this dhhdm no EPM Praftm dm include war to (1) Monitor posts to detersoine,pest populm. tim sbuk oocurnm% and natord enemy population, If yresent. Idenft decisions and practices that could affed put popu. hum& Rom remde of monitoring m sults; (2) Set freatmosat levels l►r each post at as& afte band an how numb blolo0cm] aw thadc or ecommle dam V tolerate, as du can (3) Determine the most effective treatment time, based on pest ' and other Variables, OU& as weather, eh= 'in wildlife use and local condi- dons; (4) Design construction and building 1mod. ds to reduce or elindnate pea habdtats and improve sdWenvinhelft and land- empe maintenance and eanhadmN (5) Reduce peatfacidences bymodibing-mm- agement pmeAm such as watufas firbilixer use, and pruning; (6) Modify post 9009PUAWN Including wade management and food storage, to reduce pest h4 living space. and' (7) Use physical mu* m& as bad-fted. . . fat hap and barriers, hest and add: (8) Use bMq*d controls each as introduce im or enhancing posts, natural enemies; I B28• (9) When fiWimrs, use baits or least usic mathodsofpsetecMdratberthensprays; (10) Mamitos treatment to evaluate effective- new (11) Maintain records as set ft* In Section B26-& (Ord. No, NS4517.70,5-21-02) Sea BW5. Smad& Um (a) Approved r" The Ommty UM Comd1na- tar shall develop tpm appvved- bt oft a set of afteria that will be devetaped with the review and bpat of the VU TAU. The alteria vrM take into account mArommuental and bum= i hazards principles of the IPM approach, e and tschmfa�; based!Po*hldow W Sped- fientions 9br pesticide use M�e CwjnV OW Car. dinator dall maintain do In atappraved pW. cides that may be used an Counfg,proputp The uFfIR'N V Bet bq:LVOTfqqMd and UPdaW at lout annuft The IPM Coordinator MAY ek amend this U as needed at mxW Vzoe = loqg as *9 n products o consighmi with the establishlej M4. terf& These a&manjo " be communicated to *a Ift %a in 4 dft at the . quarter W SpmW mmpfion& An dam nw be obtained *= *9 County ZM Camamftr for me of a product not an the approved IM as foamm CDBW (1) Ommoym O=Pdme The County- IPM Cmr&mdw a" Pont a spedfli exempo- don, with IW*W Conditions for use, for a Onelver PUW Upon a written request shOing that a deputment ham a. Identified the need for use. b. Me& a good4dth effort fm find al. twumvim to the peatidde; c. Identified or denw.nstmW that e< hative.economfe alternatim to the pesdolde do not exlet for that partfe. Uler mg Wd d. P!!!to!!d a reasonable Plan for ion -mmvumg alternatives to the pesti- cide during 16 -ueqWmn period. (2) An e=mpdm m► be conthicia beyond the unwyear pedod by Ming a new m. quest hr O as requhvd im Sub- nation WO (3) 4-he Wnxq Riscutive shall :have. the die. AMU on -to 1� am v ==Ptkft (c) EnwpmW &m ofpadddeL (1) A,departatent responsible for nalate. nanob of site a hdIW mug ap* to the Cmdr ft 046*44-0: foe an emmr► that a ► III;" poses an imnoedi As fteat to puble buft or may ease m4r- 81ficemA cco=mic. damage. (2) V the WWW IPM Cociradawr cannot respond to the iogcaticn . 6-a tini*, maimm the. Z.FM oomsdhmi- am mutho. 16 6i , t 4isri� on of as bne Olimicidie"and - pip"- awn d the smarm , HIPPIMPRI County IFM Coord - inator in writing v1difn 48 home: (3) Amft of mergenw an d pedma shall be sk the time of pasticMe appika. tics and am* with 0 adw posting (4) Fteposling of the ezemption and pmddb Ups wits com* with in othet =Pmft as stated in Seddon W" (Ord. Na )M I7.110. &21.0 SOG6 BSB4- ROSWCUM an the use of POW- ddeL Roopt for the on of pediddes acempted pur- WMM to S"m B26A pesticides granted an pmunt to Beeffm B2SMb) or 5(c) or peetiddea an the appv"d list per Seddon M& 6K nodepa-ftunt shall on W any of types 4 pesUddm A Do d the postIddes and pegddde puftdis WoMed In (b) through (0 below shall be on file with the County UM coorantor. (a) T=dft Category I or 11 vestidde pmd- . Ucts. M Amp"" couts ,At by the State' of Califoocnia ,ae; is 0,10cai . known to 69 Cause and ink (C) Pmdc"- en"W* me of Cali. 611dacn-ftpmm (Food mmA ABeleatltneai Code 143100. 10117 bPh view esidenr MM bojhs ANNEW (OEM at PIeBWdsL 29ft cr cdftwi itagulation; Cl�adeal Inquiries Database. blaw Pro- Mon - Agem, d. pistmb Men" InquMm Data - I (h Aw pudc* dassIW as a hnmmA car- &099n- PA" b- a- =-=- cavchwpi, or Foam in Offilid CS-AddloW C d-di io-OAM&AS- Gesmont; NIMMO&P-01M . C� I Wm% &mnuntL (0 Any p"Me gtonp cfiW AW dookpated IV the i Qdffavk Zavkmm=td fttw 116DAPM Dap -- Gf Pesticide ftr mudon or *the linked Bfides; Movh4on, nmw Pnt"oa Agency as podft 61-203fient hamd Is hum hmI% or As emAnmkm,L (OIL Na N"17.706 8 21.02) SOM �BMT- Pasting of posdodde um W Bmmo Oq pQvU*W for in Sedion &WOC) and. Section W&7(hXaay.department that uses or audwho the un Ora pow& shall comply with the hOmIng pomfiq pocedurev (1) Sim &0 be podW at load three due before appUmfion, d the pwddde and CDB21L-6 F WEGRAM FEW MANAGEMEM AND PWnCMR USE remain posted at lout fimr days after apy1ication, except for baits and emer . oncy use d pesticides, which arb posted at *a time of treatment in accordance wft Seed= BBB - KcX3) above and Sub. (b)(3) below; (2) For buildings andVar landscaped areas a4acentlobuRding%siguesbaRbeposted at main saft points where the pediddIe is applied; (3) For qm area% signs shall be posted in Aftle lo"m around the parbw etw of the area where the pedidde Is aPPH4- (4) #6 vehWas used pdmm* Iw Coud► sbA signs shag be posted at areas wbere vabidei-we obtained or poeft ta,foim& Lion shaU be *m to the primary drivers. (5) mpg don contain am a. Tmde name, and active ingredunt of the pesticide b. Tarot put C. Date of posthw, d. Date(e) of aatidpated pesticide cum the dateW d'actoal peoWde use, wM be posted at the main eutrenc% pa* office, or designated dW e Sod wad indicating the toxieffy cateSmy of the pesticide product E Date for re -entry of staff and the pubileto the am treated It applies- bl% g Nam and contact number for the deparboant nq=Wb for *9 ap- Okalkin.. (0) Signs sbeA have a standard design that is eaegy recognitable 1w &a public and wok- OM (b) Exasoptions to poeft. (1) Departments " not be required to post signs in accordance with Section B28-7(a) in dod-of-way, locations and other areas the general public does not on for "recreadopai purposeL a. PA& that UM .1;1"- cum In snek loeattans don provide apubHea telephone number for inftmflon, about jesticib qpkca- tions. The public access telephone number sbal be posted in a promi- nent location at the depwhosaft pro- vided " befude f1swin &biectlim above. (2) Az pietit 819FOAtI emergency GZ- e Mi ed emidm by the dwU not be required 6 be posted pia to ireatment. zaiwevaG A q&w mente for posting as at hdh In seed= BM7(s) shaII be hDawA (3) Any pesticide, bait placed in acontainer,or trap,or applied a a gel or paste hL a emok or awdoe abaR not be r+sgnhrad to post flog P" to treatment. a" used in- dobr% shad be posted in the vI&fty of, appt#mdloa. Baits, used outdoors,elan be' posted in the main cOm park offim or a -Ahi-itedidW Signs'" beposWic.- cording to tiha eegts as Betfceth is Section 326-7(a (4) The CoonV VM Coonfinatu• nW In lb or • do= to *9 posting requirements, (Or& No.'ft*17.70, M4)2) SkmL SM& R"wd keeping and repordn& (a) Barb department that uses, pesticides span kow records of Pent Management activities. in- cluding ioft=tbm about demonstration On and ezmpdonL A cW of this khrmada ahail be placed is a e:eosrd peeping area ls eaeb departmeaL Whom buftk this faftzsa.. tin d&A be kept in a notebook or eta ftnic equivalent maintained in each om*W buildha Bub Oast m-anageamt adift am& as lie appUiation, treppW or faspecdon sball be re- corded " whwop*dle, Indude at least the (1) Tarot Pod and Went of pewbhum-, P RANTACLARA60OLMHOWE (2) Phdock name, active ingrodisn% EPA registration number, fortnulation, and quantity of pwdqide and. (3) Site of the pesticide appliention; (4) Dab of pesticide application; (5) Name of peirem conducting pea manage - went activity; (6) 4plication equipment number If appU- Oak (7) ftwention, and other non-clismical nw&- ode otcoutmel recommended or used, and-. M Evaust.lon, of effectiveness. (h) no deoutnental IFM coordinator eW keep the follstviog: (1) Records of pesticide use. (2) A copy of the I" of all pesticides used, and. (3) The material adety data sheet fbr each pesticide used. (9) Each department that uses pediddes ehaII submit a mmmW of pest =Me - .,gem ent records IMin Section INIMA) and Wtothe Comty IM Cbordloator at least qoartody. (a) pest M"Affims records. including pedi- cme'use records. are all public retards. (a) Pesticide use records shall be kept indefi. nitely until an slectrook database ftckiog.qy& tam has been estabnehed. (Ord. No. NS-617.70, "14)2) CRAPTZR UL ICPK DOI MIEN=ON Sec. B2&9. Implemantatlon of Comfy Inte. grated Post management Onn. nanca. (a) Tbie division aball be phsaWn over one to two years in order to provide adequate time for developing the approved het, documenting cur- rent IPM practices and/or reductions, and identi. Wng and implementing alternate WA manage• meat measures. no County tPM Coordinator shall develop a timetable and format for depart- Monte to each submk--a' plan for impledwating this diTwon, . (b) A technical advisory group (TAO) shall be famed and don most atbum im times pay-ear to review the Counkft EPM,prqpum paid provide mumeals to the CoualyEizcutiva. The Mowing iepreseatatives.will be*lhwhW to partidpale, on two Arom. PastiddeAlternatives ofBanta Clara Ommir, one Am the Santa Clara vaw Water District; one dram the County APIcaltural Co**WOhiw one firom the Santa Clara County Potion heOution, Committee; one County am, PIgUnFSMftgabkbwatpnhadm and one representative ftw-n each d the hftwiqg Santa Clam County agencies and departments: Roads and Aivpoft Pa& and Recreation, thei General. ServIceiAgew Valley itedth and Hospital Byw tow. and Ompadonal Safety and Jkvirimmentel Compliance, The Board of Sq=-vison may at their die mdo changes to the composition, of the grasp as deemed Become* (9) no IPM Coordinator aW provide a quar- to* report to one or man Board4ealpated committees an &a etatue of &a JM ... L' Waft Wazution sbout,pW problems, pesti- cide W% list of exemption, pals and progress, staff training &M pub& education, and antW- PRW changes that may affibet pesticide use. (Ord. No. NS4517.70. 5-2142) - Sam WWL Comfy contracts and ease.. . Monte. (a) Racept as provided in 6) below, when a department enters Into a now contract (see Sea tion US-2(d)) or amends an exieft contract to ascend the term of the contract for more than six soft bound the current farm and any options] I . - periods, the contract WM require com. Pliant with,dwprwddmoftbindvinknimM- Ing those relating to pesticide restrictions, record keeping, and rqmthW (1) The County Executive may grant an ex. emption for up to five years fim contract compliance with all or part of the provi. sione of this division, in the event compli. am would negative3y impact County rev. enum prevent the highest and but use of CDB2&8 e %,. %VOW a WBORAM PEST MMAGMGNT AND PSYMME USE I M14 an asset as determined by the County Executive, or where it is demonstrated that full compliance cannot be addeved. Notice of any exemption granted pursu- ant to this Subsection W shall be Sim to the applicant and to the UK TAG. The notice SW stow that any Person Must- Isfied with the decision of the County Zmeeadve may Me an appeal with the Clark of the Board within 15 mlendar days of the date of the notice. The appeal wM fift be heard before the County's Musing, Land Use, Znvhvamazk'ind Mmnqmtadon Committee. Which cow- Mift" " make a OL to the Board of supervisors. The decision of the Board of shin be final. (b) A coulmdon or department an behalf of a coafteta, nW ap► hr exemption authorized under Section BMW and K and this Section B28-20. W Viben a department eaters Into a now loan in which the County Is occupying or using prop. arty not owned by the Count (and thus not within the definition of contract in Serthm B28. 2(d)). this County shall use reasonable efforts to negotiate the use of rpm Practices as Part of that law. (d) In currant 'Is in which 69 Cow* Is OCCUFFIRS or using PMMIY not owned by the County, the County shah encourage the use of rpm *F40owhdaever practical. (9) When the County is granted an the mainteaanae of the easement shaD be in compliance wfth this division, if consistent, with the terms of the easement. (D A Process. which incovorates a muest for quaNations. " be used in the selection of all combtactore for post management services and dM be in compliance with C=ft contracting policies and state Im. The County IPM Coordin& tw and the TAJD may participate in the procem AD coidraders applying ft pest management services " submit a pot manevinekst plan. which outlines bow they will nm*with the IM Ordinance. The plan shall give preference to prevention and•odw non-pesticide or least toxic methods of pest, control. (Oxd. No. NS-517.70,8-21-02) See. 828.11. PestWo purchases. All pad" products and pot control services that Include pesticide appl ications shall amok with tip .div,ision. and be pw&and through the County Procurement Dqmtmnk not using do patty ceah cr direct pay methods. (Ord. No. NS-517.70, &22-02) . San. BMIL Polky nand rddeHao& . The County Fricative may noommand Poift Ibr Bond mpoval and issue guidelines to kq& Inent this dMalon. (Ord. No. NS417.70.5-21-02) Sea. B26-IL No erfralad penalties or sabs- The provisions of Section Al 26 of the Bantu Clm CouW Ordhmee Cob shall not qq* to this division. nor shal any person. or governamA officK boud. coma Wog or sgmq be reqionr affile for ow criminal penalties for any violation of the divisf= (Ord. No. NS.517.70. &22-= Sm 828.14. No " liability for violations of fidis chapter. This division and the provisions we directW, and an intended to at hr* gob and pwam daments. its managemant,of peft and p"d& me. This chapter Is not Intended to credo a standard dcK Habift for the ads or fkam to act at the County and its exaployees and contrac- tors. No Peram 5—Mir Anent WN&I board, saw M2101don. or agen0y'ahall be H"L in My civil action or proceeding ft damages for violation of NW d the PNNWGW of this -divisim (Ord. No. NS- 817.70.8$1.08) CDB28:9