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HomeMy WebLinkAboutItem 8.4 County Services Agreements r 0 6000 -(40 CITY OF DUBLIN AGENDA ;T'AT1 MENT Meeting Date: August 9 , 1982 SUBJECT: County Service Agreements EXHIBITS ATTACHED: Letter from Clerk of Board; County Service Agreements for: Enforcement of State Laws and City Ordinances, Animal Control Services, Examination of Tract Maps and Parcel Maps , Building Inspection Services and Street RECOMMENDATION: Maintenance 1) Approve County Service Agreements 2) Authorize Mayor to sign agreements on behalf of the City. FINANCIAL STATEMENT: A total estimated cost of approximately $1,717,579 has been allocated in the 1982-83 budget for these service contracts. i i DESCRIPTION: At the City Council meeting of June 24, 1982, the Council approved in principle the provision of certain contract services by the County to I the City. The services to be provided are as follows : Police Services The County would provide an on-site police service including traffic enforcement at an estimated cost of $1,108,442 to the City. The level of service to be provided is described in Exhibit A of service agree- 1 ment. Specific -changes to this agreement only, include a clause which would make Section I paragraph d inoperative under mutual aid response. 1 a Animal Control I The County would provide the same basic level of service which is provided in the unincorporated area, and any adjustments requested by the City which the County has the capability and agrees to provide. The estimated cost of providing this service to the City is $31 ,037 less all license 1 and redemption fees which the County collects . The Council requested staff to investigate during fiscal year 1982-83 the possibility of increasing field enforcement services and establishing a City operated licensing program. i Copies To: ITEM NO. IF Examination of Tract Maps and Parcel Maps The County would provide engineering review of tract maps and parcel maps to the City. All services provided under this agreement would be covered by fees paid by subdividers, which the County would collect. There would be no net cost to the City for the provision of this service. In accordance with prior City Council resolution, the County Surveyor will function as City Engineer. This service may be terminated with 30 days notice by either the County or the City. It is staff's intention to terminate this service when the City retains its own contract City Engineer. Building Inspection Services The County would provide building inspection, zoning enforcement and housing code enforcement services as part of this agreement. All services would be performed from existing County facilities. Under this agreement the City would not incur any of the costs of inspection, but would not derive any revenue from permit fees either. The retention of fees by the County would constitute full payment for all plan checking and construction inspection services. This service may be terminated with 30 days not ice. At the time services are terminated, the County would not accept 'new plan checking and building inspection permit requests, but forward them to the City. However, the County would provide services to permit holders who paid fees to the County prior to the effective date of service termination. The City would pay directly for zoning and housing code enforcement. The estimated cost of providing these services to the City for the entire fiscal year is approximately $12,400. It is staff's intention to terminate this service when the City retains its own contract building inspection services. Street Maintenance As part of this agreement the County Road Department would provide the following services: Crossing Guards, emergency services, ordinary maintenance and repair, routine patrol and inspection, street sweeping, permit issuance and inspection, force account construction or recon- struction, engineering services and any other services that the City may identify that fall within the purview and jurisdiction of the Road Commissioner and which are mutually agreeable to the City and the County. The estimated cost of providing these services during fiscal year 1982-83 is $578,100. However, under the terms of this agreement, services including street sweeping, tree trimming and engineering services may be terminated with 30 days notice. Therefore, the total cost of $578,100 will be reduced to the extent that the City can hire private contractors to perform these three services at a lower cost. - 2 - • Contract Language In addition to specific changes in each contract, staff at City Council direction has negotiated changes in contract language common to all contracts regarding liability and cost and billing procedures. With respect to liability, the agreements contain reciprocal hold harmless clauses. The County has indicated it will purchase a special insurance policy to cover the acts of its employees in performing services to the City of Dublin. With respect to payment of bills for services the City has (30) days from delivery of an invoice for service to pay the bill . At the meeting of July 27, 1982, the Board of Supervisors approved the attached agreements and forwarded them to the City for execution. It is staff's recommendation that the CityCouncil approve the County Service Agreementsand authorize the Mayor to sign the agreements on behalf of the City. { -3- i 0 0 ...c.4 OF Atli., J f i O O V OFFICE OF THE CLERK, BOARD OF SUPERVISORS R E C E I V E D JUL 281982 City Manager CITY OF DUBLIN City of Dublin P. 0. Box 2340 Dublin CA 94566 Gentlemen: SUBJECT: FIVE SETS (4 copies per set) of AGREEMENTS between the County of Alameda and CITY OF DUBLIN, providing for the following services to the CITY OF DUBLIN: 1) ENFORCEMENT OF STATE LAWS AND CITY ORDINANCES (Contract No. 12328) 2) ANIMAL CONTROL SERVICES (Contract No. 12329) 3) STREET MAINTENANCE (Contract No. 12330) 4) BUILDING INSPECTION SERVICES (Contract No. 12331) 5) EXAMINATION OF TRACT MAPS AND PARCEL MAPS (Contract No. 12332) The above-listed agreements were considered and approved by the Board of Supervisors at its meeting of July 27, 1982. These agreements are being forwarded to the City 1 of Dublin for execution. i 1 The City of Dublin is then requested to return all contracts (five complete sets) I duly executed, to: Clerk of the Board of Supervisors, 1221 Oak Street, Room 536, Oakland, California 94612, for execution by the Chairman of the Board of Supervisors of the County of Alameda. 1 The Clerk's Office will then transmit fully-executed copies to the City of Dublin, County Auditor-Controller and County Administrator. The Clerk's Office will retain the original of each of the subject agreements for its files. Very truly yours, I W-C )7V4€ 1 William Mehrwein, Clerk-7,7"--- , WM:YQ:cc Enclosures cc: County Auditor-Controller i County Administrator j 1 r 8 1 1221 OAK STREET• SUITE 536 •OAKLAND, CALIFORNIA 94612• (415) 874-6754 ,: . CLERK'S FILE COPY AGREEMENT - C: ENFORCEMENT OF STATE LAWS AND CITY ORDINANCES 2� THIS AGREEMENT, made and entered into this 1st day of July, 1982, by and between the COUNTY OF ALAMEDA, hereinafter referred to as "COUNTY", and the CITY OF DUBLIN, hereinafter referred to as "CITY"; RECITALS: (a) The CITY was incorporated on February 1, 1982, and has requested that the Sheriff of the COUNTY of Alameda continue to provide law enforcement services in the enforcement of State laws within the area of the CITY until June 30, 1982. (b) The CITY is desirous of contracting with the COUNTY for the enforcement by the Sheriff of CITY police ordinances within the area of the CITY until June 30, 1983. THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: I. SERVICES TO BE PERFORMED a. The COUNTY agrees, through the Sheriff of the COUNTY of Alameda, to enforce CITY police ordinances within the corporate limits of CITY to the extent and in the manner hereinafter set forth. The enforcement of such municipal police ordinances shall be in connection with and as an incident to the performance of the Sheriff' s law enforcement functions within the area of the CITY. The level of enforcement services shall be that same basic level of service as shown on the organization chart attached hereto as Exhibit A and made a part hereof by this reference. The rendition of such service, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain in th'e COUNTY. In the event of dispute between the parties as to the extent of the duties and functions to be rendered hereunder, or the level or manner of -2- performance of such service, the determination thereof made by the Sheriff of the COUNTY shall be final and conclusive as between the parties hereto. Services performed hereunder shall not include the supplying of crossing guards. b. To facilitate the performance of said functions, it is hereby agreed that the COUNTY shall have full cooperation and assistance from the CITY, its officers, agents and employees. c. For the purpose of performing said functions, COUNTY shall furnish and supply all necessary labor, supervision, equipment, communication facilities, and supplies necessary to maintain the level of service to be rendered hereunder. d. Whenever the COUNTY and CITY mutually agree as to the necessity for any such COUNTY officer or department to maintain administrative headquarters in the CITY, CITY shall furnish at its own cost amd expense all necessary office space, furniture, and furnishings, office supplies, janitorial service, telephone, light, water, and other utilities. In all instances where special } supplies, stationery, notices, forms and the like must be issued in the name of the CITY, the same shall be supplied by the CITY at its expense. It is expressly understood that in the event a local administrative office is maintained in the CITY for any such COUNTY officer or department, such quarters may be used by the COUNTY officer or department in connection with the performance of its duties in territory outside of the CITY and adjacent thereto, provided, however, that the performance of such outside duties shall not be at any additional cost to the CITY. The COUNTY shall reimburse the CITY for the cost of providing such facilities to the extent that such facilities are used for activities outside the City of Dublin. (This paragraph is not operative under mutual aid response. ) -3- II. LIABILITY a. All persons employed in the performance of such services and functions for CITY shall be COUNTY employees, and no CITY employee as such shall be taken over by COUNTY and no person hereunder shall have any CITY pension, civil service, or other status or right. b. CITY shall not be called upon to assume any liability for the direct payment of any salary, wages, or other compensation to any COUNTY personnel performing services hereunder for CITY, or any liability other than that provided for in this agreement. Except as herein otherwise specified, CITY shall not be liable for compensation or indemnity to any COUNTY employee for injury or sickness arising out of his employment. c. The CITY will assume liability and pay cost of defense and hold the COUNTY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of CITY officers, agents and employees occurring in the performance of agreements between the parties hereto to the extent that such liability is imposed on the COUNTY by the provisions of Section 895.2 of the Government Code of the State of California. In addition, when liability arises pursuant to Section 830, et seq., of the Government Code, by reason of a dangerous condition of public property of the CITY, the CITY shall assume liability and pay cost of defense and hold the COUNTY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of CITY officers, agents and employees, whether or not arising in the performance of an agreement between the parties hereto. p , • 1 - - C . . �. 0 - • , . • - • - .. -• . .- _ • • '!f { -4- of - of a•reeme -. . .r - -r- d. The COUNTY will assume liability and pay cost of defense and hold the CITY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of COUNTY officers, agents and employees occurring in the performance of agreements between the parties hereto to the extent that such liability is imposed on the CITY by the provisions of Section 895.2 of the Government Code of the State of California. In addition, when liability arises pursuant to Section 830, et seq. , of the Government Code, by reason of a dangerous condition of public property of the COUNTY, the COUNTY shall assume liability and pay cost of defense and hold the CITY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of COUNTY officers; agents and employees, whether or not arising in the performance of an agreement between the parties hereto. COST AND BILLING PROCEDURES a. CITY shall pay for such services as are Provided under this agreement at rates to be determined by COUNTY in accordance with the policies and procedures established by the Board of Supervisors. b. The COUNTY shall deliver to CITY within thirty (30) days after the close of each calendar month an itemized invoice which covers the actual costs of all services performed during said month, and CITY shall pay COUNTY therefore within thirty (30) days after date of said invoice. If such payment is not received by COUNTY at the office which is described on said invoice within thirty (30) days after the date of delivery of said invoice, COUNTY is entitled to recover interest thereof. Said interest shall be at the rate of one (1) percent per calendar month or any { portion thereof calculated from the last day of the month in which the services were performed. -5- IV. DURATION AND TERMINATION This contract shall have an effective date of July 1, 1982, and unless sooner terminated as provided herein, this agreement shall run for a period ending June 30, 1983. ATTEST: CITY OF DUBLIN By: By: CITY Clerk Mayor APPROVED AS TO FORM: By: CITY Attorney ATTEST: William Mehrwein COUNTY OF ALAMEDA Clerk of the Board of Supervisor By: By: Deputy Chairman, Board of Supervisors APPROVED AS TO FORM: Richard Moore COUNTY Counsel By: x'43- Deputy tl 4882B r i • . 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CLERK'S FILE COPT AGREEMENT ANIMAL CONTROL SERVICES {; G4 r` THIS AGREEMENT, made and entered into this 1st day of July, 1982, by and between the COUNTY OF ALAMEDA, hereinafter referred to as "COUNTY", and the CITY OF DUBLIN, hereinafter referred to as "CITY"; RECITALS: (a) The CITY is desirous of contracting with the COUNTY for the performance of the hereinafter described animal control services within its boundaries by the COUNTY of Alameda. (b) The COUNTY is agreeable to rendering such services on the terms and conditions hereinafter set forth. (c) Such contracts are authorized and provided for by Section 51300 et seq. of the Government Code. THEREFORE, THE PARTIES AGREE AS FOLLOWS: I. SERVICES TO BE PROVIDED a. The COUNTY agrees to provide animal control services within the corporate limits of CITY to the extent and in the manner hereinafter set forth. Such services shall only encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by the Department of Animal Care and Control of the COUNTY of Alameda. The level of service shall be that same basic level of service that is and shall be hereafter during the term of this agreement provided for unincorporated areas of the COUNTY, and any adjustments requested by the CITY which the COUNTY has the capability and agrees to provide. The rendition of such services, the standard of performance and other matters incidental to the performance of such services, and the control of personnel so employed shall remain in the COUNTY. In event of dispute between the parties as to the extent of the duties and functions to be rendered hereunder or the level and manner of performance of such service, the determination thereof made by the COUNTY shall be final and conclusive as between the parties hereto. { -2- Such service shall include the enforcement of State statutes and such municipal animal control ordinance as the CITY may adopt, as hereinafter provided for. b. To facilitate the performance of said functions, it is hereby agreed that the COUNTY shall have full cooperation and assistance from the CITY, its officers, agents, and employees. c. For the purpose of performing said functions, COUNTY shall furnish and supply all necessary labor, supervision, equipment and supplies necessary to maintain the level of service to be rendered hereunder. d. Whenever the COUNTY and CITY mutually agree as to the necessity for any such COUNTY officer or department to maintain administrative headquarters in the CITY, CITY shall furnish at its own cost and expense all necessary office space, furniture, and furnishings, office supplies, janitorial service, telephone, light, water, and other utilities. In all instances where special supplies, stationery, notices, forms and the like must be issued in the name of the CITY, the same shall be supplied by the CI1 Y at its expense. It is expressly understood that in the event a local administrative office is maintained in the CITY for any such COUNTY officer or department, such quarters may be used by the COUNTY officer or department in connection with the performance of its duties in territory outside of the CITY and adjacent thereto, provided, however, that the performance of such outside duties shall not be at any additional cost to the CITY. The COUNTY shall { reimburse the CITY for the cost of providing such facilities to the extent that such facilities are used for activities outside the City of Dublin. is e. No function or service shall be performed hereunder by any COUNTY officer or department unless such function or service shall have been requested in writing by the CITY on order of the CITY Council thereof or such officers as it may designate and approved by the Board of Supervisors of the COUNTY, or such officer as it may designate, and each such service or function shall be performed at the times and under circumstances which do not interfere with the performance of regular COUNTY operations. -3- II. LIABILITY a. All persons employed in the performance of such services and functions for CITY shall be COUNTY employees, and no CITY employee as such shall be taken over by COUNTY and no person hereunder shall have any CITY pension, civil service, or other status or right. b. CITY shall not be called upon to assume any liability for the direct payment of any salary, wages, or other compensation to any COUNTY personnel performing services hereunder for CITY, or any liability other than that provided for in this agreement. Except as herein otherwise specified, CITY shall not be liable for compensation or indemnity to any COUNTY employee for injury or sickness arising out of his employment. c. The CITY will assume liability and pay cost of defense and hold the COUNTY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of CITY officers, agents and employees occurring in the performance of agreements between the parties hereto to the extent that such liability is imposed on the COUNTY by the provisions of Section 895.2 of the Government Code of the State of California. In addition, when liability arises pursuant to Section 830, et seq., of the Government Code, by reason of a dangerous condition of public property of the CITY, the CITY shall assume liability and pay cost of defense and hold the COUNTY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of CITY officers, agents and employees, whether or not arising in the performance of an agreement between the parties hereto. d. The COUNTY will assume liability and pay cost of defense and hold the CITY harmless from loss, costs or expenses caused by the negligent or wrongful • -4- act or omission of COUNTY officers, agents and employees occurring in the performance of agreements between the parties hereto to the extent that such liability is imposed on the CITY by the provisions of Section 895.2 of the Government Code of the State of California. In addition, when liability arises pursuant to Section 830, et seq., of the Government Code, by reason of a dangerous condition of public property of the COUNTY, the COUNTY shall assume liability and pay cost of defense and hold the CITY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of COUNTY officers, agents and employees, whether or not arising in the performance of an agreement between the parties hereto. III. COST AND BILLING PROCEDURES a. CITY shall pay for such services as are provided under this agreement at rates to be determined by COUNTY in accordance with the policies and procedures established by the Board of Supervisors. b. The COUNTY shall deliver to CITY within thirty (30) days after the close of each calendar month an itemized invoice which covers all services performed during said month, and CITY shall pay COUNTY therefore within thirty (30) days after date of said invoice. If such payment is not received by COUNTY at the office which is described on said invoice within thirty (30) days after the date of delivery of said invoice, COUNTY is entitled to recover interest thereof. Said interest shall be at the rate of one (1) percent per calendar month or any portion thereof calculated from the last day of the month in which the services were performed. c. CITY agrees that whenever animals from within the boundaries of the CITY are delivered to animal shelters operated by COUNTY, the CITY shall pay for the treatment and shelter of said animals, reptiles and fowl at rates to reflect the cost of such shelter and treatment as determined by the COUNTY. d. COUNTY agrees that all license and redemption fees which it collects on animals delivered to its animal shelters from the CITY shall be credited to the CITY every thirty (30) days. ,3 -5- e. Notwithstanding anything to the contrary herein contained, this contract shall be sooner terminated at any time that CITY fails to enact and to maintain in full force and effect, including the amount of fees provided, an ordinance identical with the provisions of the COUNTY. f. The COUNTY agrees to keep separate records for each city. Such records shall be open for examination by said CITY during all business hours. g. The COUNTY agrees to maintain its kennels and animal shelter in a humane manner and keep said premises in a sanitary condition at all times and that all services furnished by it hereunder shall be in accordance with the laws of the State of California and that it will give the prescribed notices and use humane methods of care and destruction of any animal coming under its jurisdiction. IV. DURATION AND TERMINATION This contract shall have an effective date of July 1, 1982, and unless sooner terminated as provided herein, this agreement shall run for a period ending June 30, 1983. ATTEST: CITY OF DUBLIN By: By: CITY Clerk Mayor APPROVED AS TO FORM: By: CITY Attorney ATTEST: William Mehrwein COUNTY OF ALAMEDA Clerk of the Board of Supervisors By: By: Deputy Chairman, Board of Supervisors APPROVED AS TO FORM: Richard Moore COUNTY Cggn,��l_ By: (�/J �" Deputy 48898 • %Id , 4:11 • CLERK'S FILE COPY • AGREEMENT - STREET MAINTENANCE THIS AGREEMENT, made and entered into this 1st day of July, 1982, by and .�, G= between the COUNTY OF ALAMEDA, hereinafter referred to as "COUNTY", and the CITY OF DUBLIN, hereinafter referred to a "CITY"; RECITALS: (a) The CITY is desirous of contracting with COUNTY for the performance of street maintenance and improvement functions within its boundaries by the COUNTY through the Road Commissioner thereof; and (b) The COUNTY is agreeable to rendering such services on the terms and conditions hereinafter set forth; and } (c) That such contract is authorized and provided for by the provisions of Article 1, Chapter 1, Part 2, Division 1, Title 5 of the Government Code; NOW, THEREFORE, IT IS AGREED as follows: I. SERVICES TO BE PERFORMED a. COUNTY agrees by and through its Road Department to perform for CITY any and all functions coming within the jurisdiction of the Road Commissioner. relating to the construction, operation and maintenance of streets, subject to the general terms and conditions hereinafter set forth. b. Said Road Department shall construct, reconstruct, operate, maintain and repair all public streets within CITY with the same power with reference thereto as if said streets were within the unincorporated area of COUNTY, the City Council of CITY exercising the same authority with reference to said work on said streets as the Board of Supervisors would exercise if said streets were in the unincorporated territory of COUNTY. Nothing herein contained shall be construed as in any way divesting CITY of any of its powers with respect to the supervision, management, and control of streets within its boundaries. c. For the purpose of performing said functions and providing all the services designated in Paragraph Ie of the Agreement, COUNTY shall furnish and supply all necessary labor, supervision, machinery, equipment, and supplies gip -2- other than those required to be furnished by CITY, necessary to carry out the instructions of CITY and to construct, operate and maintain CITY streets in accordance with the level of service prescribed by COUNTY, unless CITY by resolution, or CITY` s authorized designate, in writing, requests a different level of service. All work, services, and materials shall be of equal workmanship and quality as that performed or furnished for COUNTY roads. Both parties agree that they and their officers and agents shall cooperate in the carrying out of said functions and that the Road Commissioner shall have full authority, possession, and necessary control of the work with full assistance when necessary from the police of CITY or such other law enforcement agency as may be rendering police service therein. d. Whenever the COUNTY and CITY mutually agree as to the necessity for any such COUNTY officer or department to maintain administrative headquarters in the CITY, CITY shall furn•ishat its own cost and expense all necessary office space, furniture, and furnishings, office supplies, janitorial service, telephone, light, water, and other utilities. In all instances where special supplies, stationery, notices, forms and the like must be issued in the name of the CITY, the same shall be supplied by the CITY at its expense. It is expressly understood that in the event a local administrative office is maintained in the CITY for any such COUNTY officer or department, such quarters may be used by the COUNTY officer or department in connection with the performance of its duties in territory outside of the CITY and adjacent thereto, provided, however, that the performance of such outside duties shall not be at any additional cost to the CITY. The COUNTY shall reimburse the CITY for the cost of providing such facilities to the extent that such facilities are used for activities outside the City of Dublin. {J{qt 'si 0 0 -3- e. For the purposes of performing services hereunder, the work is divided into those general categories listed below and further defined in Appendix A and B. Except as provided in Paragraph Ic, all services shall be provided on at least the same level as provided in unincorporated areas. Crossing Guard Emergency Services Ordinary Maintenance and Repair Routine Patrol and Inspection Street Sweeping Permit Issuance and Inspection Force Account Construction or Reconstruction Engineering Services • Other services that CITY may identify that fall within the purview and 4 jurisdiction of the Road Commissioner may be perf Armed at the time and under Icircumstances initially agreeable to the CITY and the Road Commissioner. f. No function or service shall be performed hereunder by any COUNTY officer or department unless such function or service shall have been requested in writing by the CITY on order of the CITY Council thereof or such officers as it may designate and be approved by the Board of Supervisors of the COUNTY, or such officer as it may designate, and each such service or function shall be performed at the times and under circumstances which do not interfere with the performance of regular COUNTY operations. g. During the term of this agreement, CITY, prior to the start of the fiscal year, shall advise the Road Commissioner of the program for street maintenance, construction, and improvement for the forthcoming fiscal year. h. The Road Department of the COUNTY of Alameda shall not perform any function hereunder not coming within the scope of the duties of such department in performing services for COUNTY. i . If, pursuant to this agreement, the Road Department prepares plans for any project to be constructed by a private contractor, CITY shall have the option of either becoming a part of a COUNTY overall contract for such services, should one be available for advertising on a timely basis, or of -4- , entering into a separate contract with such private contractor. If the CITY elects to join in a COUNTY overall contract, CITY work shall be bid as an alternate which CITY shall have the right to reject after bids are received. In either case, all plans, profiles, and the specifications therefore, together with the terms of the contract and the accompanying bonds, when prepared by COUNTY shall be submitted to CITY officials as may be by resolution designated by such Council for that purpose. If inspections necessary to ascertain the compliance by the contractor with the plans, profiles, and specifications are made by COUNTY a report thereon shall be submitted to CITY. It shall be COUNTY' s responsibility to ultimately determine the adequacy of such performance and to finally certify the work as completed. II. LIABILITY a. All persons employed in the performance of such services and functions for CITY shall be COUNTY employees, and no CITY employee as such shall be taken over by COUNTY and no person hereunder shall have any CITY pension, civil service, or other status or right. b. CITY shall not be called upon to assume any liability for the direct payment of any salary, wages, or other compensation to any COUNTY personnel performing services hereunder for CITY, or any liability other than that provided for in this agreement. Except as herein otherwise specified, CITY shall not be liable for. compensation or indemnity to any COUNTY employee for injury or sickness arising out of his employment. } -5- c. The CITY will assume liability and pay cost of defense and hold the COUNTY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of CITY officers, agents and employees occurring in the performance of agreements between the parties hereto to the extent that such liability is imposed on the COUNTY by the provisions of Section 895.2 of the Government Code of the State of California. In addition, when liability arises pursuant to Section 830, et seq. , of the Government Code, by reason of a dangerous condition of public property of the CITY, the CITY shall assume liability and pay cost of defense and hold the COUNTY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of CITY officers, agents and employees, whether or not arising in the performance of { an agreement between the parties hereto. d. The COUNTY will assume liability and pay cost of defense and hold the CITY harmless from loss, costs or expenses caused_,by the negligent or wrongful act or omission of COUNTY officers, agents and employees occurring in the performance of agreements between the parties hereto to the extent that such liability is imposed on the CITY by the provisions of Section 895.2 of the Government Code of the State of California. In addition, when liability arises pursuant to Section 830, et seq. , of the Government Code, by reason of a dangerous condition of public property of the COUNTY, the COUNTY shall assume liability and pay cost of defense and hold the CITY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of COUNTY officers, agents and employees, whether or not arising in the performance of an agreement between the parties hereto. III. CITY ORDINANCES a. To assist COUNTY in the performance of its duties hereunder and to safeguard CITY's streets, it is agreed that CITY will forthwith enact and thereafter maintain during the duration of this contract an ordinance in all material respects, including the amount of the fees provided identical to Chapter 1, Title 5 of the Alameda COUNTY Ordinance Code, as amended. 1 , • -6- b. CITY further agrees to enact amendments to said Ordinance adopted by the Board of Supervisors, within 30 days after request to do so by COUNTY. The Road Commissioner, acting on behalf of COUNTY, may use his discretion and need not request CITY to adopt amendments which do not apply to CITY. Regardless of anything to the contrary herein contained, this contract shall sooner terminate any time CITY fails to enact and maintain, or to enact amendments to said Ordinance as hereinbefore provided for. IV. COST AND BILLING PROCEDURES a. CITY shall pay for such services as are provided under this agreement at rates to be determined by COUNTY in accordance with the policies and procedures established by the Board of Supervisors. b. The Road Department shall keep reasonably itemized and in detail work or job records covering the cost of all services performed, including salary, wages and other compensation for labor; supervision and planning, plus overhead, the reasonable rental value of all COUNTY owned machinery and equipment, rental paid for all rented machinery or equipment, together with the cost of an operator thereof when furnished with said machinery or equipment, the cost of all machinery and supplies furnished by the COUNTY, reasonable handling charges, and all additional items of expense incidental to the performance of such function or service. c. The COUNTY shall deliver to CITY within thirty (30) days after the close of each calendar month an itemized invoice which covers all services performed during said month, and CITY shall pay COUNTY therefore within thirty (30) days after date of said invoice. If such payment is not received by COUNTY at the office which is described on said invoice within thirty (30) days after the date of delivery of said invoice, COUNTY is entitled to recover interest thereof. Said interest shall be at the rate of one (1) percent per calendar month or any portion thereof calculated from the last day of the month in which the services were performed. { • -7- Notwithstanding anything hereinabove to the contrary, COUNTY may bill CITY for the entire cost of any specific project at the completion thereof, and such cost will be paid within a reasonable time thereafter. The words "specific project" as used herein shall include, but shall not be limited to, all construction, reconstruction, relocation, and other similar capital projects. d. If, at the termination of this agreement, COUNTY has on hand any unexpended and unencumbered portion of any funds from any source allocated or apportioned to CITY, which is in excess of any obligation of CITY to COUNTY for the performance of such functions by Road Commissioner, any such excess shall thereupon be paid to CITY by COUNTY, in the same manner and for the same purposes as other like funds are paid to other cities in COUNTY. V. DURATION AND TERMINATION This contract shall have an effective date of July 1, 1982, and unless sooner terminated as provided herein, this agreement shall run for a period ending June 30, 1983. The specific services of street sweeping, tree trimming, and engineering services or portions thereof may be terminated with 30 days notice by either party subject to mutual agreement as to disposition of work in progress. ATTEST: CITY OF DUBLIN By: By: City Clerk Mayor APPROVED AS TO FORM: By: City Attorney ATTEST: ai William Mehrwein COUNTY OF ALAMEDA Clerk of the Board of Supervisors By: By: Deputy Chairman, Board of Supervisors APPROVED AS TO FORM: Richard Moore COUNTY Counsel j�� 2egt-CA-/ By: LG�CGfrt Deputy 4924B -8- APPENDIX A STREET MAINTENANCE SERVICES These descriptions are intended to be general in nature. The specific level of service performed will be dependent upon the request of CITY made pursuant to a Service Request. EMERGENCY SERVICES When notified of a potential hazard on a city street or when such potential hazard is discovered by an employee of the Road Department, the Department will promptly respond to isolate or eliminate the problems within the CITY street. The potential hazard may be flooding caused by storm conditions, a hole in the street, a spilled load from a vehicle, a damaged traffic sign or other circumstances or conditions requiring prompt attention to mitigate the potential hazard. ORDINARY MAINTENANCE AND REPAIR Daily activities to keep in a safe condition, clean and presentable, to preserve and protect the street, drainage facilities, traffic control , warning regulatory and/or directional devices and other appurtenant structures. To include but not be limited to such activities as pothole patching, crack sealing, catch basin cleaning, signing and pavement marking replacement, tree trimming and/or removal, and minor repairs of curbs, gutters and sidewalks. ROUTINE PATROL AND INSPECTION Routine patrol by a knowledgeable employee to identify worn pavement, poor drainage, displaced sidewalk and/or gutters, missing, damaged, or defaced signs, and other conditions requiring maintenance or further investigation for reconstruction, repair or replacement. Q -9- May also include such other activities as responding to citizen complaints or inquiries and reviewing activities of CITY contractors within CITY streets. STREET SWEEPING Scheduled cleaning of streets to remove dirt and debris from gutters to allow for the free flow o f water. Work to be done generally by powered equipment specifically designed and manufactured for that purpose. Schedule and frequency to be prescribed by CITY. PERMIT ISSUANCE AND INSPECTION The issuance of permits as required by Chapter 1, Title 5 of the Alameda COUNTY Ordinance Code, as amended and inspection for compliance with the terms of each permit. CITY-COUNTY commits each to the other as specified in paragraph III of this agreement. FORCE ACCOUNT CONSTRUCTION AND/OR RECONSTRUCTION Such work shall encompass all work, not in the opinion of the Road Commissioner considered as ordinary maintenance and repair and that work excluded by the definition of "Maintenance" in Section 27 of the Streets and Highway Code of the State of California. { ENGINEERING SERVICE Surveys, studies, investigations; preparation of plans, specifications and estimate; advisors to CITY boards or commissions; and other engineering activities not directly related to supervision of forces performing activities described in other general categories. CROSSING GUARDS Furnishing adult crossing guards for the conduct of children across major thoroughfares on their passage to and from school . • 0 -10- APPENDIX B TRAFFIC SIGNAL MAINTENANCE Road Department shall provide for the maintenance of certain approved traffic signal systems at intersections (intersections as defined in Section 364 of the Vehicle Code) which are under the jurisdiction of the CITY and to arrange herein for the particular maintenance functions to be performed and to specify the cost of such maintenance, as follows: 1. Services . A. Road Department will furnish and perform all routine maintenance and inspection services necessary to keep the facilities covered by the terms of this agreement in satisfactory working condition. Such services shall include the following: patrolling; emergency service; relamping; painting of standards and heads; necessary minor repairs and acjustments; and replacement of controller equipment, detectors, poles, heads and lamps. Installation of additional facilities is not a routine maintenance function under the provisions of this paragraph. B. Road Department shall perform all extraordinary maintenance services which shall include replacement and/or addition of major equipment due to obsolescence, wear, or inadequacy and repair due to extensive damage from any cause. C. Road Department shall perform all necessary vandalism and collision repairs. 2. Cost and Repairs A. Labor, equipment and material costs for routine maintenance, including relamping, shall be assessed directly against the installation involved. Such costs shall be the actual costs for labor, parts and equipment used and/or actually expended in each particular instance. s • -11- B. Extraordinary maintenance costs and costs for vandalism and collision repairs shall be assessed directly against the installations involved. Such costs shall be the actual costs of labor, parts and equipment used and/or actually expended in each particular instance. In order to insure budget control, the Road Commissioner shall approve all extraordinary repairs prior to the beginning of work, and, except for emergency situations, will consult with the CITY before proceeding. C. The CITY shall bear the cost of electrical energy used by the installations under its jurisdiction. 3. Installations Covered A. The number and location of all signal installations covered by the terms of this agreement are as follows: 1. Amador Valley Blvd. - Village Parkway 2. Amador Valley Blvd. - Donohue Drive 3. Amador Valley Blvd. - Regional Street 4. Dublin Blvd. - Dougherty Road 5. Dublin Blvd. - Village Parkway 6. Dublin Blvd. - Golden Gate Way 7. Dublin Blvd. - Regional Street 8. San Ramon Road - Amador Valley Blvd. 9. San Ramon Road - Shannon Area 10. San Ramon Road - Flasher, North The above locations may be amended, as is deemed necessary or desirable in the opinion of the CITY and the COUNTY Director of Pubic Works, to adjust the number and/or location of signal installations to be so covered. 4924B CLERK'S FILE COP' AGREEMENT EXAMINATION OF TRACT MAPS AND PARCEL MAPS Z. THIS AGREEMENT, made and entered into this First day of July, 1982, by and . CZ between the COUNTY of Alameda hereinafter referred to as the "COUNTY," and the CITY of Dublin, hereinafter referred to as "CITY." RECITALS: A. The Subdivision Map Act, at Section 66431 of the Government Code, provides that: "Upon mutual agreement of their respective legislative bodies, the COUNTY Surveyor may perform any or all of the duties assigned to the CITY Engineer, including required certifications. Whenever such duties have been divided between the COUNTY Surveyor and the CITY Engineer, each officer shall certify to the duties performed by him." B. The parties hereto desire that the COUNTY Surveyor perform in accordance with the provisions of the Subdivision Map Act certain duties otherwise assigned to the CITY Engineer relating to the certification of tract maps and parcel maps of all subdivisions proposed within the CITY. THEREFORE, the parties agree as follows: SERVICES TO BE PERFORMED a. The CITY Engineer of the CITY shall examine each tract map of each subdivision within the limits of the CITY, with respect to its conformity with the tentative map or maps and any approved alterations thereof and with applicable CITY records and ordinances, and shall place on the face of such map his certificate in substantially the following form: I HEREBY CERTIFY that I have examined this map and that it conforms substantially to the tentative map and all approved alterations thereof; that all provisions of subdivision ordinances of the CITY applicable at the time of approval of the tentative map have been complied with; and that I am satisfied that this map is technically correct with respect to CITY records. (Signed) (Dated) (CITY Engineer) -2- b. The COUNTY Surveyor of Alameda COUNTY shall examine such tract maps with respect to all matters not included in the CITY Engineer's examination and shall so certify on the face of each map in substantially the following form. I HEREBY CERTIFY that I have examined this map; that it complies with all provisions of State law applicable at the time of approval of the tentative map; and that I am satisfied that this map is technically correct in all respects not certified to by the CITY Engineer. COUNTY SURVEYOR By: Deputy c. The CITY Engineer of the CITY shall examine each parcel map of each division of land within the limits of said CITY, with respect to its conformity with the tentative map or maps and any approved alterations thereof and with respect to CITY records and any applicable CITY ordinances, and shall place on the face of such maps his certificate in substantially the following form: CITY ENGINEER'S CERTIFICATE This map conforms with the requirements of local ordinance. Dated: (Signed) CITY Engineer d. The COUNTY Surveyor of Alameda COUNTY shall examine such parcel maps with respect to all matters not included in the CITY Engineer's examination and shall so certify on the face of each map in substantially the following form: COUNTY SURVEYOR'S CERTIFICATE This map conforms with the requirements of the Subdivision Map Act. Dated: COUNTY SURVEYOR By Deputy -3- e. In the instance of the COUNTY Surveyor having been duly appointed and authorized to act in the capacity of CITY Engineer, it is agreed that he will complete and execute the foregoing certificate or an appropriate combination thereof. Lacking such authorization, only the certificates pertaining to State law and the Subdivision Map Act will be completed, leaving the certificates relating to local ordinance and records to be completed by the duly authorized CITY Engineer. f. No function or service shall be performed hereunder by any COUNTY officer or department unless such function or service shall have been requested in writing by the CITY on order of the CITY Council thereof or such officers as it may designate and approved by the Board of Supervisors of the COUNTY, or such officer as it may designate, and each such service or function shall be performed at the times and under circumstances which do not interfere with the performance of regular COUNTY operations. II. LIABILITY a. All persons employed in the performance of such services and functions for CITY shall be COUNTY employees, and no CITY employee as such shall be taken over by COUNTY and no person hereunder shall have any CITY pension, civil service, or other status or right. b. CITY shall not be called upon to assume any liability for the direct payment of any salary, wages, or other compensation to any COUNTY personnel performing services hereunder for CITY, or any liability other than that provided for in this agreement. • -4- Except as herein otherwise specified, CITY shall not be liable for compensation or indemnity to any COUNTY employee for injury or sickness arising out of his employment. c. The CITY will assume liability and pay cost of defense and hold the COUNTY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of CITY officers, agents and employees occurring in the performance of agreements between the parties hereto to the extent that such liability is imposed on the COUNTY by the provisions of Section 895.2 of the Government Code of the State of California. In addition, when liability arises pursuant to Section 830, et seq., of the Government Code, by reason of a dangerous condition of public property of the CITY, the CITY shall assume liability and and pay cost of defense and hold the COUNTY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of CITY officers, agents and employees, whether or not arising in the performance of an agreement between the parties hereto. d. The COUNTY will assume liability and pay cost of defense and hold the CITY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of COUNTY officers, agents and employees occurring in the performance of agreements between the parties hereto to the extent that such liability is imposed on the CITY by the provisions of Section 895.2 of the Government Code of the State of California. In addition, when liability arises pursuant to Section 830, et seq. , of the Government Code, by reason of a dangerous condition of public property of the COUNTY, the COUNTY shall assume liability and pay cost of defense and hold the CITY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of COUNTY officers, agents and employees, whether or not arising in the performance of an agreement between the parties hereto. 0 -5- IV. COST AND BILLING PROCEDURES a. COUNTY Surveyor shall collect such fees as are so provided as COUNTY' s sole compensation for the service rendered hereunder. For the purpose of effectuating collection of fees provided for herein, it is agreed that the COUNTY Surveyor shall have all the powers of the CITY Engineer or other CITY officer responsible for the collection of such fees and that CITY shall supply full cooperation therein. b. This contract shall be terminated at any time CITY fails to enact and maintain in full force and effect an ordinance providing for the payment by subdividers of fees which are in the opinion of the COUNTY sufficient to pay the costs of rendition of services by the COUNTY Surveyor, as provided for herein. In such event, COUNTY shall give notice thereof to CITY in writing and all obligations of the COUNTY hereunder shall cease thirty (30) days after the depositing of such notice with the United States Postal Service. V. DURATION AND TERMINATION a. This contract shall have an effective date of July 1, 1982, and unless sooner terminated as provided herein, this agreement shall run for a period ending June 30, 1983. This agreement may be terminated with 30 days notice by either party subject to mutual agreement as to disposition of work in progress. CITY OF DUBLIN By ATTEST: Mayor CITY Clerk COUNTY OF ALAMEDA By Chairman, Board of Supervisors ATTEST: William Mehrwein Clerk of the Board of Supervisors By Deputy APPROVED AS TO FORM: Richard Moore COUNTY Counsel gjT By Deputy 4922B N .. - .. Y CLERK'S FILE COPY AGREEMENT BUILDING INSPECTION SERVICES CJ THIS AGREEMENT, made and entered into this 1st day of July, 1982, by and between the COUNTY OF ALAMEDA, hereinafter referred to as "COUNTY", and the ~ CITY OF DUBLIN, hereinafter referred to as "CITY"; RECITALS: (a) The CITY is desirous of procuring services from the COUNTY to enable performance within the CITY of functions performed by the Building Inspection • Department of the Public Works Agency in unincorporated territory. (b) The COUNTY, through said Department, is willing to perform such services on the terms and conditions hereinafter set forth. (c) Both parties hereto are authorized to so contract by virtue of Sections 51301 , et seq., of the Government Code. THEREFORE, THE PARTIES AGREE AS FOLLOWS: I. SERVICES TO BE PERFORMED a. COUNTY agrees, through its Building Inspection Department of the Public Works Agency, to perform within the CITY all functions performed by said Department in the unincorporated territory of the COUNTY which are applicable to the CITY. COUNTY, through its Building Inspection Department, may do additional work related to inspection of structures when requested to do so in writing by CITY. b. COUNTY agrees to enforce within the CITY all the provisions of the Building Code, Plumbing Code, Electrical Code, Mechanical Code, and Housing Code of said CITY and to make all inspections and to issue all permits and orders required in such enforcement. In addition, the COUNTY agrees to enforce the Zoning Ordinance of said CITY with respect to new construction, investigation of complaints of alleged violations, and follow up inspections on Conditional Use Permits and Variances. Such enforcement shall include all the duties prescribed in such ordinances including the determination of those matters placed within the jurisdiction of the Board of Appeals by such ordinances and the furnishing of the evidence necessary in any prosecution under ordinances. In performing such work, the officer of the COUNTY assigned thereto shall have the powers and duties of Building Inspectors of the CITY. 0 0 f -2- c. Whenever the COUNTY and CITY mutually agree as to the necessity for any such COUNTY officer or department to maintain administrative headquarters in the CITY, CITY shall furnish at its own cost and expense all necessary office space, furniture, and furnishings, office supplies, janitorial service, telephone, light, water, and other utilities. In all instances where special supplies, stationery, notices, forms and the like must be issued in the name of the CITY, the same shall be supplied by the CITY at its expense. It is expressly understood that in the event a local administrative office is maintained in the CITY for any such COUNTY officer or department, such quarters may be used by the COUNTY officer or department in connection with the performance of its duties in territory outside of the CITY and adjacent thereto, provided, however, that the performance of such outside duties shall not be at any additional cost to the CITY. The COUNTY shall reimburse the CITY for the cost of providing such facilities to the extent that such facilities are used for activities outside the City of Dublin. d. No function or service 4hall be performed hereunder by any COUNTY officer or department unless such function or service shall have been requested in writing by the CITY on order of the CITY Council thereof or such officers as it may designate and approved by the Board of Supervisors of the COUNTY, or such officer as it may designate, and each such service or function shall be performed at the times and under circumstances which do not interfere with the performance of regular COUNTY operations. II. LIABILITY a. All persons employed in the performance of such services and functions for CITY shall be COUNTY employees, and no CITY employee as such shall be taken over by COUNTY and no person hereunder shall have any CITY pension, civil service, or other status or right. . .. -3- b. CITY shall not be called upon to assume any liability for the direct payment of any salary, wages, or other compensation to any COUNTY personnel performing services hereunder for CITY, or any liability other than that provided for in this agreement. Except as herein otherwise specified, CITY shall not be liable for compensation or indemnity to any COUNTY employee for injury or sickness arising out of his employment. c. The CITY will assume liability and pay cost of defense and hold the COUNTY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of CITY officers, agents and employees occurring in the performance of agreements between the parties hereto to the extent that such liability is imposed on the COUNTY by the provisions of Section 895.2 of the Government Code of the State of California. In addition, when liability arises pursuant to Section 830, et seq., of the Government Code, by reason of a dangerous condition of public property of the CITY, the CITY shall assume liability and pay cost of defense and hold the COUNTY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of CITY officers, agents and employees, whether or not arising in the performance of an agreement between the parties hereto. d. The COUNTY will assume liability and pay cost of defense and hold the CITY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of COUNTY officers, agents and employees occurring in the performance of agreements between the parties hereto to the extent that such liability is imposed on the CITY by the provisions of Section 895.2 of the Government Code of the State of California. In addition, when liability arises pursuant to Section 830, et seq., of the Government Code, by reason of a dangerous condition of public property of the COUNTY, the COUNTY shall assume liability and pay cost of defense and hold the CITY harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of COUNTY officers, agents and employees, whether or not arising in the performance of an agreement between the parties hereto. r - III. CITY ORDINANCES The CITY agrees to adopt the COUNTY Building Code, Plumbing Code, Electrical Code, Housing Code and the provisions of the Alameda COUNTY Ordinance Code relating to abatement. The CITY agrees that the COUNTY shall have complete discretion over the administration, interpretation, and enforcement of said codes. IV. COST AND BILLING PROCEDURES (a) COUNTY agrees to collect fees for plan checking and construction inspection and to provide the services paid for by these fees through the construction or expiration of each individual permit for which fees are accepted. Fees collected will be as set forth in said City ordinances, and CITY agrees that retention of fees by the COUNTY constitutes full payment for all plan checking and construction inspection services. (b) COUNTY agrees to make Zoning and Housing Code enforcement services available, as directed by CITY, and to bill for such services on an hourly rate. The hourly rate shall b the total hourly cost of labor involved, plus 25% overhead. COUNTY will account for Zoning and Housing Code enforcement services to CITY on a monthly basis, and CITY agrees to reimburse COUNTY within 30 days after billing. (c) Upon termination of services (see Paragraph V below), COUNTY agrees to accept no new plan checking or building inspection permit requests, and to refer all such requests to CITY or CITY' s agent. However, COUNTY will continue to provide services to permit holders who have already paid fees to the COUNTY, as outlined above. V. DURATION AND TERMINATION This contract shall have an effective date of July 1, 1982, and unless sooner terminated as provided herein, this agreement shall run for a period ending June 30, 1983. This agreement may be terminated with 30 days notice by either party subject to mutual agreement as to disposition of work in progress. r -5- ATTEST: CITY OF DUBLIN By: By: CITY Clerk Mayor APPROVED AS TO FORM: By: CITY Attorney ATTEST: William Mehrwein COUNTY OF ALAMEDA Clerk of the Board of Supervisors. By: By: Deputy Chairman, Board of Supervisors APPROVED AS TO FORM: Richard Moore COUNTY Counsel (.� riy: A] Deputy 4913B