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HomeMy WebLinkAboutItem 7.2 Alameda County Services lU ©o CITY OF DUBLIN AGENDA STATEMENT MEETING DATE: July 11, 1983 SUBJECT 1983-84 County Service Contracts EXHIBITS ATTACHED Letter from County Administration dated June 28, 1983; Street Maintenance Agreement; Enforcement of State Laws and City Ordinances Agreement; Building Inspection Services Agreement. RECOMMENDATION Approve agreement and authorize Mayor to execute agreements. FINANCIAL STATEMENT: Estimated 1983-84...Contract. Cost Street Maintenance $200,000 Police 13238,741 DESCRIPTION Building Inspection Depends on construction activity DESCRIPTION In accordance with City Council direction, Staff has renegotiated service contracts with Alameda County for the following services: street maintenance, police service, building inspection and animal control. The :animal Control Contract is not attached because the draft has not yet been completely reviewed by the County. The Animal Control Con- tract will be placed on a future agenda for City Council's consideration. Street Maintenance Agreement The Street Maintenance Agreement includes the provision of the following services to the City: 1. Emergency services 2. Ordinary maintenance and repair 3. Routine patrol and inspection 4. Force account construction and/or reconstruction 5. Engineering service when requested 6. Crossing guards 7. Traffic signal maintenance The Street Maintenance Agreement is essentially the same as the 1982-83 Agreement with the following exceptions. 1. Deletion of street sweeping 2. Deletion of permit issuance and inspection 3. The addition of Paragraph J on Page 4 which provides for the development of work-load data. This will enable the City to more adequately determine the --------------------------------------------------------------------------- COPIES TO: County Administrator- ITEM N0. Undersheriff Dan Vohl �. ��� AGENDA STATEMENT - MEETING DATE: July 11, 1983 Page 2 SUBJECT: 1983-84 County Service Contracts actual work that is accomplished during the year. With this information, the City can determine how the service can be improved it necessary. 4. The provision for the deletion of tree trimming upon 30 days' notice by the City. The term of the agreement is one year, expiring on June 30, 1984. Enforcement of State Laws and City Ordinances (Police Agreement) At its meetings of April 28, 1983 and June 13, 1983, the City Council reviewed the Police Services Agreement. At the latter meeting, the City Council directed Staff to work with the County in developing a police services' contract in accordance with those modifi- cations recommended by the Council at both the April and June meetings. These modifica- tions include the following. 1. The addition of a Detective Sergeant to perform as crime prevention and juvenile officer, and assist existing detectives with the investigative caseload. (See Exhibit A) 2. The addition of a clerical position (See Exhibit A) . 3. The provision of six (6) new patrol vehicles to the City to be painted arid marked as deemed appropriate by the City. (See Page 3, Paragraph e) . 4. The replacement of personnel assigned to Dublin who have been absent from duty for more than ten (10) working days as a result of injury or illness. (See Page 3, Paragraph f) . 5. The continued provision of training related to the provision of municipal police services. (See Page 3) , Paragraph g) . 6. Provision for annual review of service and cost of service (See Page 1, Para- graph c and d; and Page 5, Paragraph V.) . 7. A three-year agreement expiring on June 30, 1986 (See Page 5, Paragraph V) . The County added a provision or termination with -.six months' prior .notice. Building Inspection-Agreement The Building Inspection Agreement is essentially the same as the 1982-83 agreement with the exception that it expires on August 31, 1983 unless terminated with 30 days' advance written notice. (See Page 5, Paragraph VI) . In accordance with the City Council's action on June 27, 1983; Staff has notified the County of the City's intent to terminate this agreement effective August 15, 1983; at which time, the City 's Private Consultant will provide Building Inspection Service. AGENDA STATEMENT - MEETING DATE: Juuly 11, 1983 Page 3 SUBJECT: 1983-84 County Service Contracts Recommendation On July 12, 1983, the County Board of Supervisors will consider the attached agreements. It is Staff's recommendation that the City Council approve the above agreements and authorize the Mayor to execute , said agreements. Or A, COUNTY ADMINISTRATOR o .0i \P MEL HING STEPHEN A. HAMILL COUNTY ADMINISTRATOR ASSISTANT COUNTY ADMINISTRATOR June 28, 1983 Mr. Richard Ambrose, City Manager City of Dublin P. 0. Box 2340 Dublin, CA 94566 Dear Mr. Ambrose: Subject: 1983-84 Dublin Service Contracts Enclosed are copies of the proposed 1983-84 contracts between the City and County for police, street maintenance, and building inspection services. These contracts incorporate the agreements reached between City and County staff and generally include the modifications proposed in your June 14, 1983 letter and subsequent discussions with my staff. The contracts, which have been reviewed and approved by County Counsel, the Sheriff' s Department, and Public Works Agency, will be presented to the Board of Supervisors for approval on July 12, 1983. After the Board has approved the contracts, final contract documents will be forwarded to the City for execution. The Animal Control Services contract will be forwarded to you separately and incorporate Board-approved adjustments in the distribution of shelter service costs, and other boilerplate changes, as well as your proposed modification related to the licensing program. If you have any questions related to these contracts, please contact Susan Muranishi at 874-6482. Thank you for your cooperation. ly ours I G COUNTY ADMINISTRATOR MH/SM:lp Enclosure cc: Auditor-Controller County Counsel Public Works Agency Sheriff 3258C 1221 OAK STREET SUITE 555 OAKLAND. CALIFORNIA 94612 14151 874.6252 AGREEMENT - STREET MAINTENANCE %AFT THIS AGREEMENT, made and entered into this 1st day of July, 1983, by and between the COUNTY OF ALAMEDA, hereinafter referred to as "COUNTY", and the CITY OF DUBLIN, hereinafter referred to a "CITY"; RECITALS: (a) The �I TY 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 r -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,, &r CITY' s authorized designate, in writing, requests a different 1 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 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. -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 Emer lency Services Ordinary Maintenance and Repair Routine Patrol and Inspection ' Force Account Construction or Reconstruction Engineering Services Other services that CITY may identify that fall with in the purview and jurisdiction of the Road Commissioner may be performed at the time and under circumstances 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- DRAFT 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 wits 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. j. The CITY and COUNTY shall mutually agree on any workload data to be maintained by the COUNTY for the CITY. The COUNTY may provide the CITY with supplemental workload or cost data requested by the CITY subject to availability of information and staff time. The CITY will pay the COUNTY for the full cost of staff time required to provide CITY with supplemental information. 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. O i i 1 -5- DRArT 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 liabili y 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. INSURANCE Whatever insurance agreement between CITY and COUNTY is in effect during the term of this contract shall apply hereto and is fully incorporated herein by reference. IV. 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 -6- DPAf-rT 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. b. CITY further agrees to enact amendments to said Ordinance adopted by the Board ofeSupervisors, within 30 days after request to do so by COUNTY. The Road CoM'Fissioner, 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. V. COST AND BILLING PROCEDURES a. CITY shall pay for the actual cost of 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 -7- ,DRZ- �, F--T 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. 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. VI. DURATION AND TERMINATION This contract shall have an effective date of July 1, 1983, and unless sooner terminated as provided herein, this agreement shall run for a period ending June 30, 1984. The specific service of tree trimming 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: 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 By: eputy 49248 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. -9- .� A-Fl` May also include such other activities as responding to citizen complaints or inquiries and reviewing activities of CITY contractors within CITY streets. 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 as requested by the CITY OF DUBLIN. CROSSING GUARDS Furnishing adult crossing guards for the conduct of children across major thoroughfares on their passage to and from school. -10- APPENDIX B TRAFFIC SIGNAL MAINTENANCE Road Dep;rtment 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 adjustments; 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 sha11 be the actual costs for labor, parts and equipment used and/or actually expended in each particular instance. • l 1 . n 1 k I)RA 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 r 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 L.+ 1; AGREEMENT ENFORCEMENT OF STATE LAWS AND CITY ORDINANCES DRAFT THIS AGREEMENT, made and entered into this 1st day of July, 1983, 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 pf 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, 1986. (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, 1986. (c) The CITY and COUNTY may review annually, in May of each year, the level of service provided within the CITY and mutually agree on appropriate adjustments. (d) The CITY and COUNTY agree that there shall be annual cost-of-living adjustments and operational cost increases. Annual cost-of-living adjustments shall include but are not limited to salary increases granted by the COUNTY. The COUNTY shall review and update annually, in May of each year, the cost of providing services to the CITY and provide the CITY with projected cost adjustments. 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. -2- The rendition of such service, the standards of performan t e� discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain in the 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 performance .of such service, the determination thereof made by the Sheriff of the COUNTY all 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 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. (This paragraph is not operative under mutual aid response.) -3- � e. The COUNTY shall replace, for the duration of this contract, existing County vehicles allocated to the City with six (6) new patrol vehicles by September 30, 1983. The CITY may paint and mark these vehicles as deemed appropriate by the CITY at CITY expense. f. The COUNTY agrees to replace police or civilian personnel assigned to the CITY who have been absent from duty for more than ten (10) working days asa result of illness or injury. Replacement shall occur at the end of the ten (10) day=period during which the employee -was absent. g. The COUNTY will continue to provide training related to the provision of municipal police services to personnel assigned to Dublin. 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 i -4- IMF officers, agents and employees, whether or not arising in the performance of an ay «rcr,t 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 4" liability isi 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. INSURANCE Whatever insurance agreement between CITY and COUNTY is in effect during the term of this contract shall apply hereto and is fully incorporated herein by reference. IV. COST AND BILLING PROCEDURES a. CITY shall pay for actual cost of services 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- r V. DURATION AND TERMINATION This contract shall have an effective date of July 1, 1983, and shall run for a period of three (3) years ending June 30, 1986. This contract may be modified at any time by mutual written consent or terminated upon six (6) months prior written notice by either party. ATTEST: CITY OF DUBLIN By: By: Y Clerk Mayor APPROVED AS TO FORM: By: CITY- Attorney ATTEST: William Mehrwein COUNTY OF ALAMEDA Clerk of the Board of Supervisors By: B Deputy y: Chairman, Board of Supervisors APPROVED AS TO FORM: Richard Moore COUNTY Counsel By: Deputy 4882B DUBLIN POLICE SERVICES i x . 1 CAPTAIN Eden Township Substation) t t g 1 SPECIALIST CLERK 1 LIEUTENANT 1 CLERK -II ' I • f i 4 PATROL SERGEANTS 3 DETECTIVE/SERGEANTS . 14 SUPERVISING CLERK i (Eden Township Substation) i 1 DATA INPUT CLERK' 12 PATROL DEPUTIES (Eden Township Substation) • O n)RAFT t AGREEMENT BUILDING INSPECTION SERVICES THIS AGREEMENT, made and entered into this 1st day of July, 1983, 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. 1 ' -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 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. -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. Excep�j 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. t -4- DRA III . INSURANCE Whatever insurance agreement between CITY and COUNTY is in effect during the term of this contract shall apply hereto and is fully incorporated herein by reference. s� IV. CITY ORDINANCES The CITY agrees to adopt the COUNTY Building Code, Plumbing Code, Electrical Code, Housing Code and the provisions of the Alameda .000NTY Ordinance Code relating to abatement. The CITY agrees that the COUNTY shall have complete discretion over the administration, interpretation, and enforcement of said codes. V. 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 f o'r 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 be 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. -5- L)R,A VI. DURATION AND TERMINATION This contract shall have an effective date of July 1, 1983, and unless sooner terminated as provided herein, this agreement'shall run for a period endinz August 31, 1983. This agreement may be terminated with '30 days advance writtt-n notice by either party subject. to mutual agreement as to disposition of work in progress. ATTEST: CITY OF DUBLIN By: By: er APPROVED AS TO FORM: By: CITY-Attorney ATTEST: William Mehrwein COUNTY OF ALAMEDA Clerk of the Board of Supervisors BY: By: Deputy Chairman, oard of Supervisors APPROVED AS TO FORM: Richard Moore COUNTY Counsel By: ' Deputy 4918B