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HomeMy WebLinkAboutSanta Clara County - 2010 Agreement for Weed Abatement - Amendment No. 1 (not executed)iI2312aZ FIRST AMENDMENT TO AGREEMENT FOR THE ABATEMENT OF WEEDS BY THE COUNTY OF SANTA CLARA FOR THE CITY OF GILROY This FIRST AMENDMENT to Agreement for the Abatement of Weeds is made and entered into this 1" day of December, 2011 ("EFFECTIVE DATE "), by and between the CITY OF GILROY, a municipal corporation ( "CITY ") and the COUNTY OF SANTA CLARA ( "COUNTY'S. RECITALS WHAREAS, CITY and COUNTY entered into that certain "Agreement for the Abatement of Weeds by County of Santa Clara for City of Gilroy" ( "AGREEMENT"); and WHEREAS, for reasons of efficiency, economy of operations and resources, and the mutual benefit of both parties, CITY and COUNTY desire COUNTY to continue to provide weed abatement services on vacant, private properties in the CITY and to administer certain parts of CITY's weed abatement program under Chapter 12, Article III of the Gilroy Municipal Code, all in accordance with the terms and provisions set for in the AGREEMENT, as further amended by this FIRST AMENDMENT; and WHEREAS, COUNTY has advised CITY that COUNTY desires to increase its weed abatement fee in order to recover COUNTY's weed abatement program costs for the upcoming weed abatement season; and WHEREAS, CITY and COUNTY desire to amend the AGREEMENT to allow COUNTY to increase its weed abatement fee to recover COUNTY's program costs in administering the weed abatement program. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the parties agree to amend to AGREEMENT as follows: SECTION 1. STATEMENT OF COSTS. Section 6 of the AGREEMENT is hereby amended to read in its entirety as follows: A. In December of each calendar year, COUNTY shall deliver to CITY a list of all reasonable and necessary administrative, enforcement, and abatement fees and costs approved and adopted by COUNTY's Board of Supervisors for all SERVICES to be provided under this AGREEMENT. All fees and costs in said list shall be recovered by COUNTY pursuant to this Section unless at a public hearing held within sixty (60) days of COUNTY's delivery of said itemized statement to CITY the CITY's governing body expressly declines to accept any fee or cost in said list. In the event CITY's governing body does decline to accept Item X.B. any fee or cost in said list, COUNTY shall be relieved of any and all obligations to provide any SERVICES under this AGREEMENT for the weed abatement season for which said itemized statement is submitted to CITY. B. At least ten (10) days prior to the date of the public hearing before the CITY Council regarding the placement of special assessment liens on properties for weed abatement charges, which meeting usually occurs before August 10, of each year, the COUNTY shall render to the CITY an itemized report of weed abatement SERVICES performed by the COUNTY on vacant, private properties within the CITY during the preceding twelve (12) months ( "REPORT "). The REPORT shall include, without limitation, all of the following information, 1. The total number of weed abatements performed in the CITY; 2. The total number of properties upon which weed abatements were performed in the CITY; An itemized statement of all of the costs and expenses incurred by or on behalf of the COUNTY for weed abatement SERVICES performed on vacant, private properties located in the CITY, including the following: the administrative, enforcement, and abatement fees and costs incurred by the COUNTY, which shall be in accord with the list of administrative, enforcement, and abatement fees and costs submitted by the COUNTY to the CITY pursuant to Section 6.A. of this AGREEMENT; 4. A description of all of the properties, by address and Assessor's Parcel Number, on which weed abatement SERVICES were performed; 5. Verification of the truthfulness, accuracy and completeness of the REPORT, executed by the COUNTY employee charged with the supervision of the SERVICES. 11 H H 11 J/ 11 Item X.B. SECTION 2. EFFECTIVE PROVISIONS. Except for those amendments to the AGREEMENT specifically set forth in this FIRST AMENDMENT, all of the terms and conditions set forth in the AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this FIRST AMENDMENT as of the EFFECTIVE DATE first set forth above. "COUNTY" APPROVED AS TO EQRM: Mark Bernal �- Deputy County Coumsel "1 3xecun os ut tive "CITY" APPROVED AS TO FORM: COUNTY OF SANTA CLARA Kevin O'Day, Director Department of Agriculture and Environmental Management CITY OF CTH ROY, a municipal corporation Linda Callon Thomas Haglund City Attorney City Administrator 50033340a ATTEST City Clerk Item X.B.