16-059 License Agreement, County of Santa Clara and the City of Cupertino for Property Along Lawrence Expressway Just North of Mitty Way, APN 375-21-001 County of Santa Clara RECEIVED �ouN
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Roads and Airports Department ��2'���� � ��i�O
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PUBLIC WORKS DEPARTMENT "y �a�
Sanlose. Cali(ornia�s� �a�soz �TA GV�
1-4-05-573-2400
February 12, 2016
John Raaymakers
Public Works Project Manager
City af Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Subject: License Agreement for permission to preform environmental testing on Santa Clara County
property (APN: 375-21-001), San Jose, CA
Dear Mr. Raaymakers:
Enclosed is a fully executed original license agreement for the County parcel located adjacent to the
Lawrence Expressway just north of Mitty Way in San Jose.
Please contact me two days in advance of entering the property so arrangements can be made to unlock
the gate.
Regards,
i -
��1,
n C�4�� �(�'��-(��—
< .�
Frank Schober
Associate RealEstate Agent
Roads & Airports Department
County of Santa Clara
Board of Supervisors: A9ike N'asserman, Cindy Chaaez. Da��e Cortese, Ken Yeager.5. Joseph Simitian �
Counry Executive:Je((rey v.Smith ,ra,
LICENSE AGREEMENT BETWEEN THE COUNTY OF SANTA CLARA
AND THE CITY OF CUPERTINO FOR PROPERTY ALONG LAWRENCE EXPRESSWAY
JUST NORTH OF MITTY WAY
(APN: 375-21-001)
This is a License Agreement (the"Agreement-') by and between the CountS� of Santa Clara ('County')
and the City of Cupertino. a municipal corporation ('Licensee"). The parties hereby agree to the terms
and conditions of this License as follow�s:
1. Grant of License and Premises
The County hereby grants a non-exclusive. revocable license ('License") to Licensee and its duly
authorized employees, oPticers. agents and representatives to enter onto County owned property
located adjacent to Lawrence Expressway just north of Mitty Way (APN 375- 21-001) in San
Jose. California. and more particularl; sho��n in Exhibit "A", attached hereto and incorporated by
reference herein (the "Premises"). The Licensee shall notif}� Coimty rivo (2) days prior to entering
the Premises. Licensee shall access the Premise through the eristing County gate located along
the Lawrence Expressway. In no event shall the term of this License estend beyond March 31.
2016.
2. Permitted Use
The License is for the limited purpose to allow Licensee to enter the Premises to perform
encironmental testing_ includine soil boring and sampling. The Licensee shall follow all ofthe
Count�'s requirements reYerred to in Exhibit C. attached hereto and incorporated herein by
reference. The County reser�es the right to observe all sampling and obtain duplicate samples at
the timc the Licensee performs the sampling. The Licensee shall provide copies of its test results
from the sampling to the County �vithin thirty (30) calendar days after receipt of same. All soil
from sampling shall be remoced from Premises on the date of sampling.
3. Term
This Agreement is effective when fully executed and terminates March 31, 2016, unless
terminated earlier pursuant to this Agreement This Agreement ma}' be terminated earlier b}'
either party. in whole or in part, upon ten (10) calendar day written notice for any reason
�chatsoe��er. Lieensee shall ��aeate and eease to hace aecess to the Premises ten (10) calendar da}'s
follo��ing the Countti's notice of termination and shall be responsible for cleanup of the Premises
pursuant to Section 8 herein. The County at its sole option may require Licensee to remediate any
violation of the tenns and conditions of this License bevond the termination date of this License.
2016 License Agreement# 00t
APN: 375-21-001
City of Cupertino
4. Premises As Is; Assumption of Risk
Count}' provides the Yremises "as is" and makes no representations regarding the condition or
suitability of the Premises for any use. Licensee assumes all risks and damages to persons or
property caused by the exercise oY Licensee's privileges granted under this Agreement or by any
�vrongdoing or negligent act or omission of Licensee. Licensee waires any and al] claim against
the County for injuries or damages sustained by Licensee at the Premises and for any injuries or
damages to property. except to the eYtent caused by County's sole negligence or willful
misconduct as determined by a court of competent jurisdiction.
�. Repair and Vlaintenance
Licensee shall keep the Premises in �ood and attractive order, condition and repair, normal wear
and tear excepted. County retains the right to make any alterations, improvements or additions to
the Premises. Licensee shall not make. or permit to be made, any alteration. addition or
improvement to the Premises without the prior written consent of County, whicli consent may be
granted. conditionally granted, or �i ithheld in Count�'s sole discretion.
6. Utilities and Services
Licensee at its sole cost and expense shall furnish the Premises with all utilities required for
Licensee's intended use of the Premises.
7. Site Specific Safety Plan
Prior to commencing tlie acti�ities on the Premises, Licensee shall ha�e a Site Specific Safetr Plan
appropriate to soil boring and sampling. The Site Specific Safety Plan shall indude instructions
regarding procedures and contacts in the event of emergency. Licensee shall provide County with
a copy of the Site Specific Safet} Plan �cithin ten calendar days of written request by the County.
8. Clean Up
Licensee shall clean-up and restore the Premises upon termination of this License. Premises
clean-up and restoration shall be to the satisfaction oY County. Premises clean-up and restoration
shall be completed b}' the date of termination. Licensee shall be responsible for the removal and
disposing of all materials generated by Licensee or utilit}' workers, induding but not limited to,
debris. trash, fuel, construction material and equipment, discharge, leakage, spillage, emission or
pollution of any type at an authorized facilit}' at Licensee's expense. In the event Licensee does
not clean up the Premises to the satisfaction of the County and the County incurs clean-up costs.
Licensee shall reimburse the County all costs incurred within thirty (30) calendar days of a request
for reimbursement by the County.
9. Assignment
This Agreement and the License granted hereunder are personal to Licensee, and shall not, without
the prior written consent of County. �hich may be withheld in the sole and absolute discretion of
County, be assignable in whole or in part.
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2016 License Agreement# 001
APN: 375-21-001
City of Cupertino
]0. No Interest in Property
No Iegal title or leasehold interest in the Premises or appurtenances thereto shall be construed to
have been created or ��ested in Licensee as a result of this Agreement, the license granted
hereunder. or the use or occupanc}� of the Premises by Licensee. Neither this Agreement nor any
memorandum or assignment hereof shall be filed in any place of public record by the parties
hereto.
11. Obey All Laws
Licensee shall comply �=ith all applicable Federal, State and local laws, statutes and ordinances,
including, but not limited to, those go�erning its intended use of the Premises. Licensee further
ackno�tiiedges that it �aill be subject to any amended rules. regulations, or standards during the
term of this Agreement. If the amended rules, regulations, or standard would prohibit or
materially adversely affect Licensee�s continued operation of its business activities under the
terms of this Agreement Licensee shall have the right to terminate this Agreement as set forth
herein. County shall not be liable to Licensee for any direct, indirect, or consequential damages of
any kind on account of exercise of authority under this section.
12. Security Srstem
If Licensee chooses to install a security system on the Premises for its own equipment, Licensee
shall submit its plans Yor same to County for prior approval.
13. Pest Management
Licensee is responsible for pest management on the Preinises. Licensee must compl}� ���ith the
County's Integrated Pest Management and Pesticide Use Ordinance, Division B28 of the Santa
Clara Countv Ordinance Code attached as Exhibit D.
l4. Hazardous Materials
Hazardous materials are defined as those substances listed in the Comprehensive Em�ironmental
Response. Compensation and Liability Act 42 U.S.C. Section 9601 eI seq. ('CERCLA"), and the
California Hazardous Waste Control Act, Health and Safety Code Section 25100 et se2., or those
�vhich meet the toxicity, reactivity. corrosieity or flammability criteria of the above regulations, as
�iell as any other substance ��hich poses a hazard to human health or to the environment Licensee
shall ensure that no hazardous materials are brou��ht onto the Premises. Licensee shall indemnifv.
defend and hold harmless County. its ofticers. employees and agents, against any claim, liability.
loss. expense or damage, including reasonable attorney s fees and costs, w�ith respect to the
presence or remediation oY hazardous materials arising from or related to the use of the Premises
b}' Licensee. This indemnity shall survive the termination or eYpiration of this License.
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2016 License Agreement# 001
APN: 375-21-001
City of Cupertino
I�. IndemniFcation and Insurance
Licensee shall compl}' with the insurance and indemnification requirements set forth in Exhibit B
attached hereto and incorporated herein unless proof of self-insurance is provided. The indemnity
provided in Exhibit B shall survive any� temiination or expiration of this Agreement Licensee
shall provide the Certificate(s) of Insurance ��hich e�idences meeting the insurance coverage prior
to entr} onto the Premises.
16. Applicable Law
This License and each and everq related document are to be governed by. and construed in
accordance �ith, the la���s of the State of California.
17. County No Smoking Policy
Licensee and its employees, agents and subcontractors, must compl}� with the County s No
Smoking Policy, as set forth by the Board of Supervisors Policy Manual section 3.47 (as amended
from time to time), which prohibits smoking: (1) at the Santa Clara Valley Medical Center
Campus and all Count}'-o�vned and operated health facilities, (2) within 30 feet surrounding
County-owned buildings and leased buildings wrhere the County is the sole occupant, and (3) in all
County vehicles.
18. Severability
If any provision of this License is held by a court of competent jurisdiction to be illegal, invalid or
tuienforceable, the remaining provisions ��ill remain in full force and effect.
19. Non-Discrimination
Licensee shall comply �vith all applicable federal, state. and local laws and regulations including
Santa Clara County s policies concerning nondiscrimination and equal opportunity in contracting.
Such laws include but are not limited to the followin¢:
(I) I'itle VII of the Civil Rights Act of 1964 as amended;
(2) Americans with Disabilities Act of 1990;
(3) The Rehabilitation Act of 1973 (Sections 503 and 504)_
(d) California Fair Employment and Housing Act(Government Code sections 12900 eI se9.); and,
(5) California Labor Code sections 1101 and 1 102.
Licensee shall not discriminate against any subcontractor, employee, or applicant for employment
because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation,
me�tal disability, physical disability, medical condition, political beliefs, organizational
affiliations, or marital status in the recruitment, selection for training including apprenticeship,
hiring. employment, utilization, promotion, layoff, rates of pay or other forms of compensation.
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2016 License Agreement# 001
APN: 375-21-001
City of Cupertino
20. Notices
All notices required to be given hereunder, or �n hich eitller party may wish to give, shall be in
writing and shall be served either b} personal delivery or by certitied or registered mail, postage
prepaid, addressed as follows:
To Countv: To Licensee:
County of Santa Clara Citp of Cupertino
Roads and Airports Department Public Works Manager
Real Estate Section 10300 Torre Avenue
101 Skyport Drive Cupertino, CA 9�014
San Jose. CA 95110
or to such other place as either party may designate by written notice.
21. Exhibits
Exhibits: A through D, inclusive. which Exhibits are attached to this Agreement and incorporated
herein bv this reference.
22. Entire Agreement
This Agreement represents the entire agreement between the parties relative to tlie use of the
Premises. An� prior or contemporaneous oral or �vritten agreements by and between the parties
and tlieir agents and representati�es relative to such use are revoked and extinguished by this
Agreement.
23. Authoriri�
Licensee represents and ��anants that the person ��ho executes this Agrecment is duly authorized
by Licensee to do so, and that all I,icensee and its personnel possess all the necessary licenses and
petnlits required by any governmental agenc}� in order to carry out the purpose set forth in this
Agreement.
/
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/
/
/
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2016 License Agreement#001
APN: 375-21-001
City of Cupertino
24. Counterparts
This Agreement shall only become effective and binding upon full execution hereof by County
and delivery of a signed copy to Licensee. This Agreement may be executed in one or more
counterparts, and each of which, so executed, shall be deemed to be an original, and all such
counterparts together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this License Agreement as follows:
COUNTY LICENSEE
Date: 2 /�� /�� Date: I �� � `
M�� . ��,� ���.� ��--
Michael M r ter, Director David Brandt, C�ty Manager
Roads and irports Department City of Cuper[ino
County of Santa Clara
OFFICE OF THE COUNTY EXECUTIVE:
�� ` � ;�- L� -��/�
, . --%
Sylvia �alle o� Date
Deputy Coun(y Execut�
APPROVED A ORM AND LEGALITY:
��`��/
E. Ray Ruiz Date
Deputy County Counsel
Attachments:
Exhibit A Location Map
Exhibit B Insurance and Indemnification Requirements
Exhibit C General Provisions
Exhibit D Integrated Pest Management Ordinance
6
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LOCATION MAP
CITY OF CUPERTINO LICENSE AGREEMENT ( APN 375- 21 - 001 )
EXHIBIT B
INSURANCE REOUIREMENTS FOR
LICENSES WITH LICENSEES ON COUNTY PROPERTY
Indemnitication
To the tullest e�tent allo�ved b} la��, Licensee will indemnif}, reimburse, hold harmless and
defend County including. without limitation. County's emplo�ees, agents, contractors.
subcontractors and representatives (collectively. '`County�). from any and all Iiability, damages.
loss. costs. and obligations. including, but not Iimited to, court costs and reasonable attorney's
fees. arising out of an� claim. suit,judgment. loss or expense occasioned by. but not limited to.
injur� or death of an} person or loss or damage to any propem. that is suffered or sustained b}
Licensee induding. without limitation, its employees, agents. contractors. subcontractors and
representatives. or any person using. occupying or visiting the Premises. or by any person in, on
or about the Premises. from any cause �ahatsoever during the Tenn oFthe License. excepting
onl�claims arising from the gross negligence or�villful misconduct of County. Licensee's
obligation under this Indemnitication section «ill survive the tennination or expiration of this
License with respect to an}'daims or liabilities arising out of an injurp to person or damaee to
property that occurred during thc Tcnn of the Liccnsc and any holdover period. County� shall
have the right to approve legal counsel providing Count}'s defense and such approval shall not
be unreasonabl} withheld.
Insurance
Without limiting the Licensee's indemnitication of[he Count}. Licensee. shall at its own expense,
provide and maintain the follo�ving insurance coverage in full force and effect throughout the term
ofthis License:
A. EvidenceofCoveraee
Prior to commencement of this License. Licensee shall provide a Certificate of Insurance
certifying that coverage as rcquired has been obtained. [ndividual endorsements esecuted
b} the insurance carrier shall accompan} the certiticate. In addition. a certified copy of the
policy or policies shall be provided by Licensee upon request.
For long-tenn Licenses a periodic review/change of insurance requirements may be made
every five years to ensure appropriate coverage by Coimty standards is in place.
B. Oualifvin¢ Insurers
AII policies shall be issued by companies which hold a current policy holder's alphabetic
and financial size category rating of not less than A- V. according to the current Best's Key
Rating Guide. unless othenvise approved by County's Insurance Manager.
Re��. 02i2010(E�hibi�t3-�) I
EXHIBIT B
C. �]otice ofCancellation
.VI covcrage as required herein shall not be canceled or changed so as to no longer meet
the specified County insurance requirements without 30 days' prior �aritten notice of such
cancellation or change being delivered ro the Count} of Santa Clara or their designated
agent.
D. Insurance Reauired
L Commercial General Liabiliri� Insurance - for bodil�� injury (including death) and
propertg damage which provides limits as follo�cs:
a. Each occurrence - $1.000.000
b. General aggregate - $2.000.000
c. Personal Injw} - $L000.000
2. General liabilitv coveraee shall include:
a. Premises and Operations
b. Personal Injury liability
c. Severabilityofinterest
3. General liabilitv coveraee shall include the follo�vine endorsemenC a coo�� of�vhich
shall be orovided to Che Coimt��:
Additional Insured Endorsement, ��hich shall read:
"County of Santa Clara. and members of the 6oard of Supervisors of
the County of Santa Clara. and the officers, agents, and employees of
the County of Santa Clara, individually and collectively. as additional
insureds.'�
Insurance afforded b� the additional insured endorsement shall appl� as primary
insurance. and other insurance maintained b} the County of Santa Clara, its
ofticers, agents, and emplo�ees shall be excess onl� and not contributing with
insurance provided under this polic�'.
4. Automobile Liabilitv Insurance
For bodilr� injur�� (including death) and propertv damage �chich provides total limits
of not less than one million dollars ($I.000.000) combined single limit per
occurrence applicable to all o��ned, non-owned and hired vehicles.
Re��. 02/2010(Fxhibit B-5) 2
EXHIBIT B
5. Workers' Comoensation and Emalover's Liability [nsurance
a. Statutor� Califomia Workers' Compensation coverage including broad fonn
all-states coverage.
b. Gmployer's Liability coverage tor not less than one million dollars
($I.000_000) per occurrence.
6. Propertvinsurance
Licensee shall maintain not less than fifty thousand dollars ($�0.000) Fire Legal
Liability on all real property being Licensed. including improvements and
betterments owned b} County�, and shall name Countc as a loss payee. Licensee
shall also provide fire insurance on all personal property contained within or on the
Licensed premises. The policy shall be written on a standard "all risk" conreact.
excluding earthquake and flood. The contract shall insure for not less than nineq�
(90) percent of the actual cash value of the personal property. and Licensee shall
name County as an additional insured.
7. Interruntion of Business [nsurance
Licensee shalL at its sole cost and expense. maintain business interruption insurance
by «fiich the minimum monthly rent will be paid to Lessor tor a period of up to one
(l) year if the premises are destroyed or rendered inaccessible by a risk insured
against by a policy of standard fire and extended coverage insurance. «ith
vandalism and malicious mischieFendorsements
E. Waiver of Subroeation
Except as may be specifically provided for elsewhere in this License, Coimty and the
Licensee hereby each mutually ��aive any and all rights of recovery from the other in event
of damage to the premises or propem- of either caused by acts of God. perils of tire,
ligh[ning, and all other all-risk perils as detined in insurance policies and forms approved
for use in the state of Califomia. Each party shall obtain any special endorsements. if
required by their insurer. to evidence canpliance�aith the aforementioned waiver.
Rea.02/2010(G�hibit B-5) 3
EXHIBIT C
GENERAL
PROVISIONS
1. Emergency Contacts -Names and telephone numbers of two (2) responsible persons will
be furnished to the Land Development Office at Skyport Drive prior to start of work for
emergency contacts, twenty-four (24) hours a day, seven (7) days a week. The contractor
or Licensee will have a supervisory representative available for contact on the project at all
times during the construction duration.
2. Material Storage- No material will be stored near the edge of pavement, the traveled way,
or within the shoulder line which would create a hazardous condition to the traveling
public.
3. Traffic Protection - The Licensee shall make adequate provisions for the protection of the
traveling public. Two (2) copies of a proposed traffc control procedure shall be submitted to
the Land Development Permit Office for approval prior to any change in traffic patterns on
any roads. 24 hours prior to starting work that i nvolves an approved traffic detour, the
Licensee shall inform Santa Clara County. Communications al (408) 299-2501 and the
appropriate local garbage collection company of the date(s), time(s) and details of the
detour.
4. Traffc Lanes - Two (2) 12-foot traffic lanes shall be open to The traveling public during all
hours of darkness, and on all weekends and holidays. One Lane, one-way traffic may be
permitted under the control of not less than two (2) competent flagmen during normal
working hours. No work within a traveled roadway shall be undertaken until all materials,
equipment, and labor forces are available to pursue the work to completion within five (5)
work days, unless prior approval is obtained from the Department.
5. Signs-Any signs to be constructed in the execution of this Permit are to be approved by the
Roads and Airports Department of the Countyof Santa Clara prior to placement of signs.
6. Traffic Control Signs -Traffic control and warning signs shall be installed in accordance with
the latest issue of "Manual of Traffic Controls for Construction & Maintenance Work Zones"
of the State of California, Department of Transportation.(Caltrans).
7. Permanent Monuments - Any property corner stake, street monument or other permanent
survey monument that will be disturbed during construction shall be shown on the plans for
the work and referenced, removed and reset by competent persons legally qualified to
perForm this work.
1 of 3
8. Facility Relocation - Licensee shall be responsible for any required relocation, and cost
thereof, of existing utilities or encroachments which may be affected by this Permit.
9. Damages Caused By Licensee/Repairs - all necessary road repairs resulting from the
encroachment permit work shall be made in accordance with County standards and
specifications at the sole expense of the Licersee. The Licensee is required to repair
any damage caused by the Licensee or its contractors as a consequence of labor
performed under the Permit within the time indicated by the County. If the Licensee fails
to make the repairs within the time indicated,the County at its sole option is authorized
to repair the damage and may recover all cost incurred, including overhead and
administrative costs, from the Licensee, its surety or insurance carrier.
A. Prior to any construction activity in the vicinity of the fiber-optic facilities (i.e.,
conduit, fiber-optic cable, pullbox, splice enclosure, termination panel, and
any related fiber-optic improvements), the Licensee or its Contractor shall
pothole to locate, identify, and provide necessary precautionary measures to
protect the existing fber-optic facilities within the Project limits from being
damaged by construction activities. Potholing in dirt area shall be performed
by hand and no power tool/equipment shall be permitted.
B. If the fiber-optic facilities are damaged by the Licensee's or its Contractor's
operations, the Licensee or its Contractor shall make the necessary repair to
the damaged fiber-optic facilities in accordance with Section 86.01.06
"Maintaining Existing and/or Temporary Electrical Systems and Traffic
Communication Systems" of the County Standard Specifications and the
following. The interim and permanent repairs of the damaged fiber-optic
cable and related facilities shall be in accordance with the requirements
specified below.
C. Intermit Repair and Replacement of Damaged Fiber-optic Cable and Related
Facilities.
a. Within 48 hours of the damage occurrence, the Licensee or its Contractor
shall temporarily splice the fiber-optic cable using mechanical or fusion
splicing, at the sole discretion of the County. After completion of temporary
repairs, the County will determine whether the end equipment operates
satisfactorily. If not, the County may direct The Licensee to replace the
temporary mechanical splice with a fusion splice within 48 hours. This shall
be considered an interim re air only to restore The County's Traffic
Management System (TMS� The Licensee or its Contractor shall
permanently repair other damaged facilities. such as conduit and pullbox,
unless approved otherwise by the County. The repair shall be undertaken in
the nearest junction box, by pulling available stack in the cable. If, in the
determination of the County, insufficient stack is available, a new junction box
shall be installed as directed.
b. Within 30 days after the acceptance of the interim repair by the County, the
Licensee or its Contractor shall obtain a modified encroachment permit and
replace the damaged cable between the system's end-to-end splice points
installed during the initial installation (as shown on the Fiber Splicing Details
Map available for review in the Engineering Office of Traffic and Electrical
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Operations). During this permanent repair process, the fiber-optic cable shall
not be disconnected or the equipment communicating on the cable shall not
become norroperational for more than 48 hours. A severrday notice shall be
given to the Permit Inspection Unit of the Roads & Airports Department by
calling (408) 573-2461 or faxing to (408) 441-0275 prior to any work associated
with the permanent repair of the fiber-optic cable. The replacement cable shall
be of length and type equivalent to The replaced cable. Cable material,
installation and testing shall meet the requirements of the County Standard
Specifications as follows:
- Section 86.02.08E "Fiber-optic Cable",
- Section 86.02.09C Installation of Fiber-optic Cable",
- Section 86.02.090 (1) "Fiber-optic Connectors.
- Section 86.02.09E S2� "Fiber-optic Cable Splicing,
- Section 86.02.09G ' iber-optic Cable Splice Enclosure", and
- Section 86.02.13D "Fiber-optic Cable Testing". OTDR and power meter
tests shall be done after the repair to assure that a light loss is within the
maximum allowable loss. This loss shall be determined by comparison of
the test results with OTDR test res�ts on file at the County, derived from the
most recent test on each fiber. The OTDR test shall be performed on each
fiber strand. The power meter test shall be performed only on fibers
terminated on both ends. Both tests shall be done at 1550 nrn and 1310 nm.
D. In the event that the Licensee or its Contractor fails to make the necessary repairs
and/or replacement of the fiber-optic facilities within the timeframe as specified
herein, the County at its sole option may perform the necessary repairs and/or
replacement, interim and permanent, of the dama ed facilities and recover all costs
and expenses in accordance with the conditions o�the Permit .
E. The Licensee or its Contractor shall guarantee the repair work for a period of one
year from the date of acceptance by the County in accordance with Section 5.17
Correction of'Work & Guarantee of the County Standard Specifications.
3of3
�.XHIbIT �
ORD]NANCE NO.NS-517,70
AN 012UINANCE OF THG BOARD OF SUPF,RVISORS
OF TH�COUNTY OF SANTA CLARA
ADDING DIVISION i328
OF THE 5ANTA CLARA COUNTY ORUIYANCE COD�
R�LATING TO I�TF.GRATI:D P�ST NIANAGER4�NT Ah'D P�STICID� USG
Stmmiary
This ordivance adds provisions regarding tlte establishment of an Integrated
Pest Mnn�gement Progrem Tnd regulates the use of pesticides on County
Pj•oPeL•t3'.
THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CLARA
ORDAINS AS POLL011�S:
The Ordinance Code of tlie County of S�nta Clara is hereby amended by tlie addition
of a new Division, to be en[itled and to read as follows:
Division B28
INTEGRAT�D PEST NIANAG�niENT ANll PESTICIDE USE
Cha�ter 1. Gencral Provisim�s
Sectiou B28-1. Iutent nnd Pnrposc,
T(ie County, in carryiug out its operations, finds it necessary from timc ro time to use
pesticides on County property. The intent of this Division is to pintect the heal8i and safety
of County employees and the general piiblic, the c�rvironment, �nd water quality, as wel(as
to provide sustainable solutions for pest control on County propeity. The Board of
Supervisors hereby finds and declares that it sliall be tlie policy of the County of S�ufa Clara
to eliminate or reduce pesticide applications on County property to the maximum e�tent
feasiUle. Preference shall be given to available non-pesticide alternatives,where feasible,
before considering the use of pesticides on County property.
This Division concerns the applicatiou of pesticides to property owned by the
Count}�of Santa Clara only, and does not concern the application of pesticides to propeiiy
that is not o�vued by the Couuty of Santa Clara.
IP�i Ordinancc eage t o£t3
5/ztio2
Section B28-2. De6nitimis.
Whe�iever used in this Division,the following teii�is shali have the me�nings set
tbrtl�belo�v:
(a) "Autimicrobial pesticidcs" are pcsticides, such as disinf'ectaiits and sanitizers,
di�t are intended to ctisinfect, sanitize, reduce, or mitigate gro«rth or development of
microbiotogical organisms; or prolect inanimate objects (for e�ample floors and walls),
industrial processes or systems, surfaces,water, or other chemical substances from
co�itamination, fotiling,or deterioration caused by bacteria,viilises, fimgi,protozoa,algae,
or slimc.
(b) "Approved LisP' is the list of pesticides authorized by the County IPM
Coordinator For use on County Property developed in accordance�vitli sectio� B28-5.
(c) "Carbamates" means esters on N-methyl carbamic acid, which inhibit
cholinesterase.
(d) "ContcacP' is a binding written agreement, uicluding but not limited to a
contract, permit, license or lease behveett a person, firiu, corporation or other entity,
including a governmental entity,and the County of Sauta Clara which gr�nts a right to use
or occupy propeiiy of tlie Comity or�vhich pirovides pcst managaucnt services.
(e) "Counq�Executive"is the County Executive or l�is or lier designee of the
County of Santa Clara.
(fl "Demonstration site" is a specific area or sitc designated by 1 department to
evaluate the use of n pest m�nagement strategy.
(g) "DepartmenP' is any agency or depaituic��t of thc Couc�ry of Santa Clara.
Department does not inetttde the Vector Conhol District or�ny other local, state, or federal
agency.
(h) "Departmental IPM Coordinator"is someone desigi�ated by a department
head to coordinate the Department's IPM program.
(i) "Cowity IPM Coordinator"is tlie person designated by the Cou��ty Executive
to implement and oversee the County of Santa Clara's IPM Program.
(j) "Feasible"means capable of being accomplished in a successfid mam�er
within a reasmiable period of time, taking into account economiq envirocnneutal,social, and
tcchnological Fac[ors.
(k) "Integrated Pest Management(IPM)" is a decision-ntaking process for
man�ging pests using monitoring to determine pest-caused injury leveis and combining
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biologicnl control, cultural practices, mecliauicel ai�d physical tools, aud chemicals to
minimize pesticide usage. The method uscs cxtci�sive laiowledge about pests, such�s
infestatiou thresholds, liFe histories,environntental requiremen�s, and natural enemies ro
compleme��t and facilitate biological and other natural control o£pests. Tlie method uses the
least hazardous pesticides only as a last resort for controlling pests.
(I) "IPM Tecl�nieal Advisory�Group(IPM TAG)" is the technical advisory group
to fhe County for the IPM Program and is further described in section 828-9.
(m) "Organophosphates"meTus orgauophosphorus esters, whicl� inhibit
cholinesterase.
(n) "Pest" is any insect, rodent, nematode, fungus,weed, or any other form of
terrestrial or aquatic plant or nnimal life or viius, bacteria, or other microorganism (except
certain insects,viruses,bacteria, or other microorganism on or in living man m•living
animnls).
(o) "Pesticide" is �ny substance,or mixture of substances�vhicli is intended to be
used for defoliating plants, regulaling plant growth,or for pceventing, destroying,repelling,
or mitigating any pest,which may infest or be detrimeutal to vegetation,man, animals, or
households, or be present in any ngricultural or nonagriculhu'al environment. Pesticide fw•
purposes of this llivision does not include antimicrobial agents.
(p} "Posting" is to place signs as idenlified in section B28-7 to infoem
employees and the public of pesticide use at a given site.
(q) "Signal Words"are the words used on a pesticide label--Danger, Warning,
Cautiou--to indicate level of tosicity.
(r) `°1'oxicity Category I Pesticide ProducP' is any pesticide product that meets
United States Euvironroental Protection Agency criteria Yor Toxicity Categoiy I w�der
Sectiai 156.10 of Part 156 of Title 40 of the Code of Federal RegulTtions.
(s) "Toxicity Categoiy II Pesticide YroducP' is any pesticide product that meets
United States Euviromnentaf Yrotection Ageucy criteria for Toxicity Category II under
Section I 5G.10 of Part l56 of Title 40 of the Code of Federal Regulations,
Secfion B28-3. General�xemptions.
(a) 1'his Division sliall not apply to the use of any pesticide for the purpose of
improving or maintaining water quality at any County owned or operated drinking water
treatuient plants, waste�vater treatment pinnts, reservoirs, and releted collection, distribution,
aud uertment facilities.
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(b) Tliis Division shall not appfy to any use of pcsticides ai County propei�ty by
any department when performing pest management or pcsticidc activitics autliorized by state
or federal In�vs or regulutions.
(c) Tliis Division shall not apply to tlte use of pesticides by the Vector ConUrol
District.
(d) This Division shall not apply to Tntimicrobial pesticides or pesticides used to
control pests in or on living himians or animals.
(e) This Division shall not apply to existing Contracts except as provided in
sectiou B23-10.
(fi) 'Chis Division shall not apply to Co�trTcts under negotiation at the time this
Division becomes effective for a period of five years.
Chapter 2. Pesticide Managemeut
Secfim� B28-4. County L�tegrated Pest Management(IPD4)Program.
(a) The County IPM Coordinator shall oversee and coordinite implemeutation of
the IPM Prograui.
(b) The IP�[Program shall include,Uut not be limited to, the following:
(i) Ide��tify staff inember(s}respousible for program implementation;
(ii) Acquaint Cou��ty workers with the IYM approach and ne�v pest
management strategies, as they become kno�vn;
(iii) Inform thc public of the County's effort to reduce pesticide use;
(iv) Respwid to questions nbout the Cowity's pest management program
and pr�ctices;
(v) Conduct o��going educatioval programs,wliere�ppropriate;
(vi) Maintain records and evaluate program effectiveness;
(vii} Develop and maintain tlie Approved List of pesticides.
(c) Depertments shall implement the IPM Program consistent with tlte [PM
practices outlined below. \4'here Fe�sible, departiuents shall consider a range of potential
treatmeuts for die pest problem and employ non-pesticide management tactics first, consider
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the use of chemicals only as a last resort, and scicct and use chemicl(s in nccordance with
the provisions of this Division. The IPM practices shall include ways to:
(i) ivtoniror pests to detenni�e pest population size,occurrence,�nd
natural enemy population, if present Identify decisions and practices
that could affect pest pupulations. Keep records of monitoring results;
(ii) Set heatment levels foe each pest �t each site based on how much
biological, aestltctic or ccouomic da�uage the site can tolerate;
(iii) Dctcimiue the most effeclive treatment time, Uased on pest
biology and other variables, such as weather, seasonal clianges in
�vildlife use and local conditions;
(iv) Design construction and building remodels to reduce or eliminate pest
habitats and improve efficiency iu facility and landscape maintenance
and sanitatio��;
(v) Reduce pest incidences Uy modifying management practices such as
�vatecing,mulching, ferfilizer use,and pilu7ing;
(vi) �fodify pest ecosys[ems, including waste management and food
storage, to reduce pest food, living space, and access;
(vii) Use physical controls such as hand-weeding, traps and barriers, heat
and cold;
(viii) Use biological controls such as introducing or enhancing pests'
n�tural enemies;
(ix) When iudoors, use baits or least toxic metl�ods oFpes[con[rol rathec
than sprays;
(x) Nlonitor treatment to evaluate effectiveness;
(xi) Maintain records as set forth in section B28-8.
Secfion B28-5. Pesticide Usc.
(a) Approved List. The County IPM Coordinator shalt develop the Approved
List using a set of criteria that will be developed with the review and input of tlie IPM TAG.
The criteria tvi11 take into account environmental anA human health hazards,pri�iciples of
the IPM approach,and technically based metliods,conditions,and specifications for
pesticide use.The Comrty IPM Coordinator shall maii�tain the Iist of approved pesticides
that may be used on County property. The Approved List shall be reviewed and updated at
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least lnnualfy. The IP�l4 Coordinator may amend tl�is list as needed at any time as long as
the products are cousistent�vith tlie established criteria. These amendments shall be
communicated to thc IPM TAU in writing at the qu�rterly meetings.
(b) Speci£c Exemptions. An exemptiom m�y be obtained from the Cotuity IPM
Coordinator for use of a product not on the Approved List as follows:
(i) Oiie-year esemptions. The County IPM Coordi��ator may grant a
specific exemptioo, with limited coi�ditions for use, for a one-year
pw•iod upon a writteu request showing tliat a department has:
(1) Identified the need for use;
(2) �Iade a good-faith effort to find altcrnativcs to the pesticide;
(3) [dentified or demonstrfited that effective ecomm�ic atternatives
to the pesficide do not exis[for tl�at E�articular use; and
(4) Developed a reasonable ptan for investigatiug�Iternatives to
the pesticide during dte exemption period.
(ii) An esemption may be continuetl beyond the one-year period by filie�g
a uew request for exemptioii as required in subsection(b)(i)above.
(iii) The County F,xectttive shall have Hie discretion to revoke any
exemptiou.
(c) Emergency use ofpesticides.
(i) A depaitment respousible for maintenance of a site oc Facility may
apply to the County IYM Coordinator for an emergency pesticide use
cxemption in the event that a pest outbreak poses an immedilte threat
to public health or may eTuse significant economic damage.
(ii) if the County IPM Coordivator cannot respo��d to tlic application in�
timely mauuer, the DeperUnental IPM Coordinator submitting the
application may attthorize the one-time emergenc�� use of the required
pesticide aud provide notice of the emergency application to the
County IP�I Coordin�tor in �vriting�vithin 48 hours.
(iii) Posting of emergency use of pesticides shall be at the time of
pesticide application and comply �vith �II other posting requiremei�ts.
(iv) Re�orti��g of the exemptio�� aud pesticide uce�vill comply�vith a!I
other reporting requirements as stated in section B28-3.
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Section B28-6. Restrictiou an Hie Use of Pesticides.
Except for the use of pesticides exempted pursuant to sectioii II28-3, pesticides
grautcd an cscmption pursuant to section B28-5(b) or 5(c)or pesticides on the Approved
List per section B28-5(a),no deparhnent shall use any oPthe following types of pesticides.
A list oi'tiie pesticides�nd pesticide produc[s identified in(b) through (g) below shall 6e on
file�vith the Couuty IPivf Coordinator.
(a) Toxicity C�tegory I or II pesticide products.
(b) Any pesticide containing T chcmical identified by the State of Calif'ornia as
a cliemicni known to the State to cause cancer or reproductive or devefopmental roxicity
pursuant ro tlie California Safe Drinking Water and Toxic Enforcement Act of 1986.
(c) Pesticides identified by the State of California on the Ground�vater
Protection List(Section 13145 (d), Food and Agriculhn�al Code, Division 6. Pes[Contcol
Operatio��s).
(d) Pesticides classified by active ingredient as oiganophosphate type
pcsticides as idcntified by Ute United States Enviro�miental Protection Agency(Office of
Pesticide Programs, document 735-P-99-14, May 1999), or California F.nvironmental
Protection Agency, Deparhne��t of Pesticide Regulation, Chemic2l viquiries Datlbase.
(e) Pesticides coutaining carbamate-type chemicals(Califomia Gnvironmental
Pro[ection Agency, llepartment of Pcsticidc Rcgulation, Chemical Inc�uiries DataUase.)
(t) Any pesticide classified as a human carcinogen, probable human carcinogen
or possible liumaii carcinogen bp tlte United States Environmenfal Yrotection Agency, under
procedures estalilished in"Proposed Guidelines for Carcinogen Risk Assessment,"
F,PA/600/P-92/003C,April 1996, or equivalent documents.
(g) Auy pesticide group officially designated by tlie California Environmental
Protectiou Agency Department of Yesticide Regulation or by the United States
F,nvironmental Protectimi agency as posing significant hazard to human health or the
cnvironmcut.
Sectiou B28-7.Postu�g of Pesticide Use.
(a) F,xcept as provided for in section B28-5(c) and sectiou B28-7(b), any
department that uses or authorizes the use of a pesticide sliall comply�vith the following
posting procedures:
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(i) Signs shall be posted at least tlu•ee days before application of ti�e
pesticide and retnain posted at least four days after application, except
for baits and emergeucy use of pesticides, which are posted at the
time of tre�tment in accordance with section B28-5(c)(iii) above and
subsection(b)(iii) below;
(ii) For buildings and/or landscaped areas adjacent to buildings,signs
sl�all be posted a[m�in entry poi�its where the pesticide is applied;
(iii) For open areas, signs sli�ll be posted in highly visible locations
arouud the perimeter of the area where the pesticide is�pplied;
(iv) For vehicles used primarily by county staff,signs shal] be posted at
aceas where vehicles are obtained or posting information shall be
given to the primary drivers.
(v) Signs shall contain the:
(I) Trade name and active ingredieut of die pesticide product;
(2) Target pest;
(3) Date of posting;
(4) Date(s) of anticipated pesticide use; tl�e date(s) of actual
pesticide use�vill be postcd at the main entrance,park office,
or designated site;
(5) Signal word ittdicating tlic toxicity categoiry of ttie pesticide
pmduct;
(6) Date for re-entry of stafPand the public to tlie area treated if
applicabte;
(7) Iv�ame aud contact number for the department responsible for
the application.
(vi) Signs shall have a standard design tli<tt is easily recogiiizaUle by the
public and�vorkers;
(b) �xemptions to posting.
(i) Departme�us shall not�e requirzd to post signs in accordance with
section B28-7(a) in rigltt-of-way locations and ofher areas tliat the
general public does not use for recreational purposes.
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(1) Each dcpaitmenc tlint uses pesticides in such locatio�s shall
provide a public access telephone numUer for information
16out pesticide applications. The public access telephone
number shall be posted in a prominen[location at the
department's uiain office building. Inf'ormation provided shall
include all the items in subsectiou{a)(v) above.
(ii} Any pesticide granted an emergency esemption by the County IPM
Coordinator shalt not be required to be posted prior to treatment.
However,all other requirements for posting as set fortl� in section
B28-7(a)shal(be followed.
(iii) Any pesticide bait placed in a cont�iner or tr�p, or applied ns �gel or
paste in a crack or crevice shall not be required to post signs prior to
trealment. Baits, used iudoors, sltall be posted in the vicinity of
application. Baits, used outdoors, sliall be posted in the main office,
park of[ice,or a designated site. Signs shall be posted according to the
requirements as set forth in seclion B28-7(a).
(iv) The Couuty IPM Coordinator may in his or her discretion grant
nccessary cxcmptions to tlic posting requirements.
Section B28-8. Recm�d Keepiug and Reporting.
(n) Each department th�t uses pesticides shnll keep records of pest mauagement
activities, including information about demo��stration sites and exemptions. A copy oFthis
information shall be placed in a centr�lized record keeping area in each department. Where
feasible, this infonnation shail be kept in�notebook or elec[ronic equivalent maintained in
each occupied building. Encit pest management activity such as pesticide application,
uapping or inspection shall be recorded and,when applicable,ii�clude at le�st the following
information:
(i) Target pest and extent of problem;
(ii) Product name,active ingredients, EPA Registration number,
formulation, and quantity of pesticide used;
(iii) Site of tlie pesticide applicatioii;
(iv) Date of pesticide application;
(v) Naroe of person conducting pest management activity;
(vi) Application equipment number, if applicable;
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(vii) Prevention and other non-chemical methods of control recommended
or used, and;
(viii) Evaluationofeffectiveness.
(b) Tlic Departmcutal IPM Coordivator shall keep the following:
(i) Records of pesticide use;
(ii) A copy of'the label of all pesticides used; and,
(iii) The material safety data sheet for each pesticide used.
(c) Each dcpartmc�t tliat uses pesticides shall s�ibmit a summaty of pest
management records required in section B28-8(a)and(b) to the County IPM Coordinator at
least quartcrly.
(d} Pest management records, including pesticide use records, are all public
records.
(e) Pesticide use records sl�all Ue kept indefinitely uutil au electroi�ic database
lracking system lias been established.
Chapter 3. IPM Implementation
Section R28-9. Implementation oPCom�ty Integreted Pesf Management Ordinance.
(�) Tliis Division shall be phased-i�i over one to two years in order to pcovide
adequate time for det�eloping the Approved List, documenting current IPM pr�ctices andlor
reductions, and identifying and implementing alternate pest ma��agement measures. The
Cowity IPM Coordinntor shall develop a timetable and format for departments to e�ch
submit a plan fa•implementing this Division.
(b) A Teclmical Advisory Group(TAG)shall be formed and shall meet�t least
four tiuies per year to review the County's IPM program and provide comments to the
Cotmty Esecutive. `I'he following representatives�vill be invited to participatc on the'1'ACi:
hvo from Pesticide Alternatives of Santa Clara Cotmty; one from the Sai�ta Clara Valley
bVater District; one flom tlie County Agrictdtural Conunissioner; oiie from the Santa Clara
Cowity Yol(ution Yrevention Committee;one County entployee re��resenting a labor
oiganization; ai�d one representative from each of the follo�ving Santa Ciara County
ageiicies and departmeiits: Roads aud Airports,Parks a�id Recreation, the Gcnecat Seil�ices
Agency, Vnlley Heafth and Hospital System, and Occupational Safety and Environmental
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Compliauce. The Board of Supervisors may at their discretion make clianges to the
compositimi of the grot�p as deemed necessa�y.
(c) The IPM Coordinator shall provide a quarterly report to one or more Board-
designated coinutittees on the stah�s of the IPiVi Program including information about pest
problems, pesticide use, list of exemptions, goals a�id pragress, staff training and public
education, and anticipa[ed changes that may�ffect pesticide use.
Section B28-10. Couuty Contracts �ncl Ensements,
(a) Lxcept as peovidcd in (i) below, �vhen a department enters into a new
Contract(see section B28-2(d)) or amends an existing Contract to extend the term of the
Contract for more than six months beyond the currenl temi nnd nny optionat extension
periods, the Conhact shall require compliance with the provisions of this Division including
those relating to pesticide restrictions, record keeping, and reporting.
(i) The County Executive may orant an esemption for up to five years
fi�om Contract compliance with all oi•part of the provisions of this
Division in dte event compliance�vould negatively impact Coun[y
revenues,prevent the highest and best use of an asset as determiued
by thc County�xecutive, or where it is demonstrated tliat full
compliance cannot be achieved. Notice of�ny exemption granted
pursuant to this subsection(i) shall be given to the applicant and to
the IPNI TAG. The notice shal] state that any person dissatisfied �vith
the decision of the County Executive may file au appeal with tlie
Clerk of tlie Board�vithin fifteen (15) calendar days of thc datc of thc
notice. "Che appeal will first be heard before the County's FIousing,
Land Use, Environmeiit, �ud Trauspoitafion Committee, wl�icli
Committee shall m�ke a recomntendation to the [3oard of Supeivisors.
The decision of the Board of Supeivisors shall be final.
(b) A contractor,or depaitment on behaff of a contr�ctor, may apply for
exemptions authorized under sectiou B28-5(b)aud(c),and this section B28-10.
(c) When a department enters into a new lease in which the Counry is occcipying
or using property not owned by the County(and thus not within the definition of Contcact iii
section B28-2(d)), the County shall use reasonable e£forts to uegotiate Hie use of IPM
practices as part of that lease.
(d) In enrrent leases in which the County is occupying or using property not
o�wied by the County, tlie County slmll encourage the tise of IPM practices whenever
practical.
(e) When the County is granted an easement, the maintenance of the easement
sha11 be in compli�nce with this Division if consisten[with the terms of the easentent.
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(� A process, which incorporates a request for qualifications, shafl be used in
the selection of all contractors fa•pest management services a��d shall Ue in compliance with
wuut�� contracting policies and state (aw. "I'he Cotmty IPM Coordinator and the 1'AG ma}�
participate iu die process. All contractors applyiug for pest uiauagement services sliall
submit� Pest Management Plau, which outlines ho�v they will comPly �vi�h lhe
IPM Ordinence. The Plan shall give preference to prevention and other non-pesticide or
least tosic methods of pest contcol.
Sectiou B28-I1. Pesticide Purchases.
All pesticide products and pest co�itrol seivices tliat incfude pesticide applicatia�s shTll
comply witli this Divisiou a�td be purchased through the County Prociuement department,
not usiug tlic pctty cash or dircct pay metliods.
Section B28-12.Policy aud Guidelines.
The Cou��ty Executive may recommend policy for Board approval and issue guidelines to
implement this llivision.
Secfion B2S-13. No Criminal Penalfies or Sflnctions.
The provisions of sections A 1-28 of the Sant� Clara County Ordinance Code shall not apply
to this Division; nor shall any person, or government official, board, comntission, or agenc}�
be respo�tsible For any criminal penalties for�ny violation of the Division.
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Section 527-14.No Civil Liabilify fo.r Violations of this Chapter.
This Division and the�rovisions are directory, az�d are intended to set fo�th goais and
program elements for management of pests az�d pesticide use. This chapter is not intended to
create a standard of civil liaUility for the acts or faiture to act of the Coimty and its
employees and contractors. No person, govemment official, board,commission, or agency
shall Ue liaUle in any civil action or proceeding for damages for violation of any of the
provisions of this Division.
PASSCD AND ADO��E� � the2�p�{d of Supervisors of the County of Santa Clara, State
of Califomia,on � U� by the following vote:
AYES:
AI,VAitADO, IIFALL, GaCP., I:lJTS�J, MCS{QGH
NOES:
l�.rt�l�;
r1BSENT: s ��'�,a�;��z
ABSTAIN: %r;.)F;�
G������ f��
Donald P: Gage, Chairj� rsc�fi
Board of Supervisors .
ATTEST:
C�;�G�� �(��
P Y IS A. PERIsZ, �
C1erk of the Board of Supervisors
APPROVED AS 'CO FORM AND LEGALTI'Y:
�a-��,.t����`�,
Kathy KretEhmer
Deputy County Counse►
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