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
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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.
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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
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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
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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.
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MAINTENANCE AND INDEMmkcATION AGREEMENT
SANTA TERESA BOULEVARD AND MII.LER AVENUE ROUNDABOUT AND TRAIL
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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.
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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
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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
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IN41149902 • PLANNERS a sonVgy. ORB
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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