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HomeMy WebLinkAboutSanta Clara County - 2010 Agreement for Weed Abatement - Amendment No. 1FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE COUNTY OF SANTA CLARA AND THE CITY OF GILROY FOR ABATEMENT OF WEEDS The Agreement for the Abatement of Weeds (AGREEMENT) by and between the COUNTY OF SANTA CLARA (COUNTY) and the CITY OF GILROY 11-T-Y pfft ly entered into on June 17, 2010, is hereby amended as set forth below effective EU.- i#. (FIRST AMENDED AGREEMENT). The purpose of this FIRST AMENDED AGREEMENT is to modify the provisions governing the COUNTY's collection of fees to allow the COUNTY to fully recover its costs in administering the weed abatement program. The AGREEMENT is amended as follows: 1. STATEMENT OF COSTS, SECTION 6 is hereby amended to read in its entirety as follows: A. In December of each calendar year, the COUNTY shall deliver to the CITY a list of all reasonable and necessary fees and costs approved and adopted by the COUNTY Board of Supervisors for all administrative, enforcement, and abatement services to be provided under this AGREEMENT. All fees and costs in said list shall be recovered by the COUNTY pursuant to this Section and Section 7 of this AGREEMENT unless at a public hearing held within sixty (60) days of the COUNTY's delivery of said itemized statement to the CITY, the CITY's governing body expressly declines to accept any fee or cost in said list. In the event the CITY's governing body declines to accept any fee or cost in said list, the 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 the CITY. B. At least ten. (10) days before the date of the public hearing before the CITY Council regarding the placement of special assessment liens on propel -ties for weed abatement charges, which 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 all private properties within the CITY during the preceding twelve (12) months ("REPORT"), including previously improved properties that no longer have structures on them in the CITY and to administer certain parts of the CITYs weed abatement program under Chapter 12, Article III of the Gilroy Municipal Code, all in accordance with the terms and provisions set forth in this AGREEMENT. The REPORT shall include, without limitation, all the following information: 1. The total number of weed abatements performed in the CITY; and �t� lfi . . . .... ....... ...... .... . . First Amendment to the Abatement of Weeds Agreement between the County of Santa Clara and City of Gilroy Pagel of qq-3N VENDOR'S COPY DEC 10 Z019; 2. The total number of properties upon which weed abatements were performed in the CITY; 3. An itemized statement of all the costs and expenses incurred by or on behalf of the COUNTY for -weed abatement SERVICES performed on all private properties located in the CITY, including the administrativ'e, enforcement, and abatement expenses and costs incurred by the COUNTY, which shall correspond 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 the properties in the CITY, by address and Assessor" s Parcel Number, on which weed abatement SERVICES were performed; and I 5. Verification of the truthfulness, accuracy, and completeness of the REPORT., executed by the COUNTY emplo'yee charged with the supervision of the SERVICES. 2. PAYMENT FOR SERVICES, SECTION 7 is hereby amended in its entirety to read as follows., A. The sole source of compensation to the County for the provision of the SERVICES shall be those arriounts remitted by private property owners to the COUNTY under the PROGRAM. B. The CITY has and assumes no liability for the payment of salary, wages, benefits, compensation or any other amounts to officers, agents, employees or contractors of COUNTY performing SERVICES hereunder. Except as set forth herein, all other terms and conditions of the AGREEMENT shall remain in full force and effect. In the event of a conflict between the original AGREEMENT, and this FIRST AMENDED AGREEMENT, the terms of this amendment shall control. The AGREEMENT as amended by this FIRST AMENDED AGREEMENT constitutes the entire agreement of the parties concerning its subject matter and supersedes all prior oral and written agreements, and representations and understandings between the parties concerning such subject matter. This FIRST AMENDED AGREEMENT may be executed by the parties in. any number of separate counterparts, each of which shall be deemed an original and all of which, taken together shall be deemed to constitute one and the same instrument. First Amendment to the Abatement of Weeds Agreement between the County of Santa Clara and City of Gilroy Page 2 of 3 INTENDING To BE 14OUND HEREBV the parties Dave caused their authorized representatives to .& J-110 A caused execute this FIRST AMENDED AGREEMENT as set forth below: COUNTY OF SANTA CLARA 11 �1' i IV Presi <=" .1 fiS. J03 MITIAN, ctef4 Board of Supervisors Date: DEC 10 2019 Signed and certified that a copy of %...e this document has been delivered by electronic or other means to the President, Board of Supervisors Attest: MEGqAN DVILE Clerk of the Board of Supervisors APPROVED AS TO FORM AND LEGALITY: MICHAEL L. ROSSI Lead Deputy County Counsel CITY OF GILROY, a municipal Corporation Gabriel Gonzalez, Administrator City of Gilroy Date: ....... .. ...... First Amendment to the Abatement of Weeds Agreement between the County of Santa Clara and City of Gilroy Page 3 of 3