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HomeMy WebLinkAbout4.7 Various Alameda County Agreements -qc) CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 13, 1984 SUBJECT Agreements for Services provided by Alameda County Street Maintenance Animal Control Field Services 1984-85 Insurance Agreement Vector Control Services EXHIBITS ATTACHED Agreements : Street Maintenance Animal Control Field Services Vector Control Addendum to Service Agreements between County of Alameda and City of Dublin Insurance Agreement RECOMMENDATION 1 ) Approve Agreements 2 ) Authorize Mayor to execute agreements FINANCIAL STATEMENT: Consistent with 1984-85 Budget DESCRIPTION The City of Dublin receives various services provided by Alameda County. As a result of a contract review in preparation of the 1984-85 budget, several amendments were desired by the City. The County has gompleted the process required to amend these agreements . Street Maintenance In prior years, the City of Dublin utilized the Alameda County Public Works Department to perform street maintenance activities. Beginning July 1, 1984 , the City Council authorized the performance of many of the maintenance activities by a private contract with MCE Corporation. The County has continued to provide signal maintenance, sign repair and installation and crossing guards . The attached agreement differs from those approved in prior years through the addition of Section I . f . This specifies that the City may request that specific activities be performed under the Master Agreement . However , should additional resources be required for a certain task , the agreement is in place to allow for a rapid transition . These arrangements have been operating informally since the begining of the fiscal year . Animal Control Field Services As a result of the contract review conducted by the City Council , Staff was directed to determine whether additional staffing could be provided. The attached agreement has been revised to provide for an additional Field Services Officer on an as-needed basis . It is estimated that this would provide each week an additional 10 hours of Field Service Officer time . If the County is capable of recruiting someone for this position, the City will be receiving services approximately equal to 63% of a full-time Field Services Officer . Insurance Agreement The City has included Alameda County as an additional insured to the City ' s insurance coverage for specified services . The County has reimbursed the City for the increased premium charges which are a direct result of adding the County as a named insured . This includes insurance protection relating to the agreements providing for Police Services , Street Maintenance, Animal Control - Shelter and Animal Control - Field Services . The proposed agreement is essentially the same as the previous agreement, however , reference numbers to the agreements have been changed to relate to the current contract numbers . ---------------------------------------------------------------------------- COPIES TO: Mel Hing ITEM N0. 7 Gerry Winn AGENDA STATEMENT: Agreements for Services Provided by Alameda County Page 2 Vector Control Agreement At the regular City Council meeting on October 8 , 1984 , the Council approved an agreement for Vector Control Services . The agreement presented was based upon a draft completed by the Alameda County Health Services Agency. Subsequent to that action, Mr . Gerald Winn, Director of Environmental Health notified Staff that minor modifications had been made to the agreement by the County Counsel . The following format has been changed: 1 . Section 6 .b, has been added which provides that the City shall defend and hold harmless the County, its officers and employees . This is a reciprocal arrangement which is commonly found in other agreements with the County. 2 . Section 9 has been added, which will clarify the independent contractor status of County employees performing services under the agreement . 3 . Section 10 is an addition which states that the County shall designate a liaison to the City. This individual shall interact with City Staff on matters related to this contract . 4 . Section 11 has been added which provides language related to equal employment opportunity. This is a standard clause which references related Federal Legislation. These changes do not significantly alter the concept adopted by the City Council on October 8 , 1984 . RECOMMENDATION: Staff recommends that the City Council approve the agreements as written and authorize the Mayor to execute them on behalf of the City. CL&K'S FILE COPS( n AGREEMENT - STREET MAINTENANCE THIS AGREEMENT, made and entered into this „ day of ' 1984, 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 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 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 -2- 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 small cooperate in the carrying out of said functions and that the Road Commissioner shal'l' 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 h. any such COUNTY officer or department .i:o 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.flf 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. 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 -3- - Ordinary Maintenance and Repair - - Routine Patrol and Inspection - Force Account Construction or Reconstruction - Traffic Signal Maintenance Other services that CITY may identify that fall within 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 pursuant to this .agreement -_ by any COUNTY officer or department unless"such function. or. service ,has been requested in writing by the CITY and authorized by .tne City Manager. .CITY _. shall submit a written service request.,.to the County Road Department Chief or his designee specifying those functions and .services'to be performed:by the COUNTY. In an emergency situation, services may be requested by CITY and i provided by COUNTY pursuant to verbal agreement between the City Manager and . the County Road Department Chief or his designee. All functions and services provided by COUNTY to CITY 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 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 -4- 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 p1ans, 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 m4t•ually 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:ao .,-_,.- 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. 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 -5- 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'°aris}ing 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,: .:-:_ _.. wron ful act or omission of COUNTY officers "agent s 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 thereafter maintain during the duration of this contract an ordinance in all -6- 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 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. ; V. COST�AND BILLING PROCEDURES a1. CITY shall pay for the actual cost of such services as are provided td under this agreement at rates to be determined by COUNTY in .accordance with the policies and procedures established by the Board of ,Supervi,sors. 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 alf 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 , 1 9i k IiZ -/- 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 ,fundsfrom any source allocated 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 forithe 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, 1984, and unless sooner terminated as provided herein, this agreement shall run fora period ending June 30, 1985. 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. -8- ATTEST: CITY OF DUBLIN By: By: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . City Clerk Mayor APPROVED AS TO FORM: By: -City Attorney ATTEST William Mehrwein Clerk of the Board of _Supervisors COUNTY OF ALAMEDA ... By: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By: . : . . . . . . . . . . . . . . . . Deputy nairman, Boaro of Supervisors APPROVED AS FUT ORMRichard Moore ON ounsel _ By: Dep ty 4924C -9- 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 -.1sealing, 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. •K, 'gig .. ,. _ ... ,ti - s -lo- 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 h California. , Highway Code of the State of alifornia S C _ CROSSING GUARDS Furnishing adult crossing guards for the conduct of children across major,; ,..,,, thoroughfares on their passage to and from school. . -c,�a :r-•. 5 - - .. . . � :„ .'� '4 cr.as [n, - .. .. a�..� -11- 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 • ...• n9 3•:Y�1 0.1.. � --_ C, ; ...::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 shall be the actual costs for labor, parts and equipment used and/or actually expended in each particular instance. r f -12- 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 al 1 ,extraordinary-repairs prior to the beginning -of -work . - and . -except-for-emergency situations; -will consult-with -the CITY -before proceeding. y C. The CITY shall bear the cost of electrical en erg used .by the installations under its ,�jurisdict`on 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 ,3r 2. Amador Valley Blvd. - Donohue Drive - 3. Amador Valley Blvd. - Regional 4. Dublin Blvd. - Dougherty Road 5. Dublin Blvd. - Village Parkway 6 Dublin Blvd. - Amador Plaza Road .`. . ' 7. Dublin Blvd. - Golden Gate Drive T - 8. Dublin Blvd. - Regional Street 9. San Ramon Road - Amador Valle Blvd. 10. San Ramon Road - Shannon Area r 11 . 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. 4924C • .._... �_�;' _.... .. �I 'RK'S FILE.Copy r AGREEMENT I ANIMAL CONTROL FIELD SERVICES THIS AGREEMENT made and entered into this J� day of , 1984, 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 animal control field 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.!.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 field 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 Field Services Department of the COUNTY. The level of service shall be that same basic level of service as shown on the Field Service Operations Chart attached hereto as Exhibit A and made a part hereof by this reference. COUNTY may make adjustments therein which are requested by the CITY and 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 COUNTY'S determination thereof shall be final and conclusive as between the parties hereto. Such service shall include the enforcement of State• statutes and such municipal animal control ordinance as the CITY may adopt that is equal to COUNTY'S Ordinance. 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 sery ice to be rendered hereunder.�: :_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 ;: .:_. • s- r by the CITY at its expense. d. The CITY or COUNTY may terminate those animal licensing services = provided by the COUNTY to the CITY at any time during the term of the contract upon providing the other party with .thirty (30) days advance __. . written notice. Such notice shall be delivered by registered mail. 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' shalI be taken over by COUNTY and no person employed 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 expressly provided for in this agreement. Except as herein otherwise specified, CITY shall not be liable for compensation of 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 -2- occurring in the performance of this agreement 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 arising in the performance of this agreement. d. The COUNTY will assume liability and pay cost of. defense and hold the CITY harmless from loss, costs or expenses caused by the negligent7or wrongful act or omission of COUNTY officers, 'agents .and employees occurring in the performance of this -a reement to the extent :that such 9 ' liability is imposed on the CITX. 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 arising in the performance of this agreement. III. INSURANCE` Whatever insurance agreement between CITY and COUNTY is in effect during the term of this agreement shall apply hereto and is .fully - incorporated herein by reference. _ . IV. COST AND BILLING PROCEDURES a. CITY shall pay COUNTY the actual cost to the COUNTY of services provided under this agreement at rates determined by COUNTY in accordance with the policies and procedures established by the Board of Supervisors. b. The COUNTY shall bill CITY for services quarterly. The CITY shall pay COUNTY within thirty (30) days from the date of billing. -3- If such payment is not received by COUNTY at the office which is described on said billing within thirty (30) days after the date of delivery of said billing, 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 date of delivery of said billing. C. COUNTY agrees that all dog license fees which it collects for dog licenses issued by COUNTY to residents of CITY shall be remitted to the CITY quarterly. d. CITY agrees that whenever animals from within the boundaries of the CITY are delivered to animal shelters operated by or on behalf. of : 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. 000NTY. . This provision shall not be effective whenever CITY contracts separately for shelter services from COUNTY. e. Notwithstanding anything to the contrary herein contained, this agreement 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 animal control ordinance identical with the provisions of COUNTY'S Ordinance. f. ' 'The COUNTY agrees to keep separate records for CITY. Such records shall be open for examination by CITY during all business hours. V. DURATION AND TERMINATION This agreement shall have an effective date of July 1, 1984, and unless sooner terminated as provided herein, this agreement shall terminate June 30, 1985. -4- ATTEST: CITY OF DUBLIN By: By: 1ty 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 upervisors ' ',APPROVED AS TO FORM• � r Bichard T/� ;Cou �s����7�fAi 7ty V 4889C -5- EXHIBIT A CITY OF DUBLIN 1984-85 ANIMAL CONTROL CONTRACT ESTIMATED COST OF FIELD SERVICE OPERATION SALARIES: Position Annual Rate Amount Totals Field Service .379 $19,505 ' $7,392.00 Officer .250* 19,505 _ 4,876.00 $12,268.00 tS' — Clerk II .109 16,178 . 1,763.00 - 1,763.00 r x << Subtotal $14,031:00 �- .- -`•s: DVS -p-q .__ ` - . Benefits @ 30% . _ - - ;::,• r:r :,u : (applied only to FSO working .379 & Clerk=II) L F 4 tt�;c �s.$:2,747.00 :a-.-:-.:�_:: . Subtotal $16,778.00 SERVICES AND SUPPLIES: Acct.# 3111 Office Expense $ 160.00 3251 Maintenance of Electronics 203.00 3291 Communications 312.00 3354 Transportation,Transportation, Motor Vehicle 3,726.00 3411 Professional & Specialized Services 6,156.00 . All other services and supplies 365.00 _..:. _ Subtotal - $10,922.00 Plus Indirect ,Costs 1,454.00 TOTAL $29,154.00 *Subject to the availability of qualified personnel in Field. Services Officer positions on an as-needed basis (SAN) This final total is divided by 4 to arrive at the quarterly amount billed. 4889C f Contract Reference No. VECTOR CONTROL SERVICES C O N T R A C T THIS CONTRACT, made and entered into this day of , 19 , by and between the County of Alameda, a public body, corporate and politic of the State of California, on behalf of the County's Division of Environmental Health, hereinafter referred to as "COUNTY" and the ' City of Dublin a municipal corporation, hereinafter referred to as "CITY". W I T N E S S E T H: WHEREAS, CITY requests vector control services from the County's Division of Environmental Health and agrees to pay for the costs of such services from its general funds; ,and WHEREAS, the County's Division of Environmental Health is willing to provide such services. NOW, THEREFORE, it is mutually agreed as follows: 1. The term of the contract begins on the 1st day of July , 19 84 and ends on the 30th day of June , 19 85 . 2. COUNTY'S. Division of Environmental Health shall perform the following vector control services within CITY: a. Enforcement of CITY Ordinances and State Health and . Safety Code and Administrative- Code Sections pertaining to vector control including refuse and animal wastes. b. Investigation of public complaints and requests for services concerning insect, rodent, and other animal vectors as well as conditions conducive to harboring vectors. c. Neighborhood surveys where there are high numbers of public complaints concerning vectors. d. Investigation of vector borne diseases. 3. CITY shall pay for such services for fiscal year 1984-85 at the rate of $51 per hour inclusive of any costs associated with overhead, materials, vehicles or other charges. However, the total amount payable for fiscal year 1984-85 shall not exceed $8,925 at which maximum amount services shall cease. COUNTY shall invoice CITY on a quarterly basis and payment shall be made within 30 days of receipt of the invoice. 4. COUNTY shall keep a record of the money received from and services performed for CITY. Such monies will be deposited to the revenue account (Account No. 413-6202-4527) of the Division of Environmental Health. 5. Upon written request, CITY shall have access to COUNTY'S financial records regarding this contract. r 6. a. COUNTY shall defend and hold harmless CITY, its off icers,`'and-employees against any and all liability for injury or damage caused by any act or omission of COUNTY, is officers, ' employees or volunteers -in the ' performance of this contract. b. CITY shall defend and hold. harmless COUNTY, its officers, and employees against any and all liability for injury or damage caused by any act or omission of CITY, its officers, employees or volunteers in the performance of this contract. 7. This contract shall be automatically renewed each fiscal year, provided that COUNTY and CITY have agreed to an hourly rate for services and a maximum amount payable, as referred to in Paragraph 3, for the ensuing fiscal year. However, . COUNTY and CITY shall have the right to terminate this contract with or without cause_._ at any time upon giving at least 30 days written notice prior to the effective date of such termination. 8. This contract can be amended only by written agreement of CITY and COUNTY. 9. Neither COUNTY nor any of its employees shall by virtue of this contract be an employee of CITY for any purpose whatsoever, nor shall it or they be entitled to any of the rights, privileges, or benefits of CITY employees. COUNTY assumes exclusively the responsibility for the acts of its employees as they relate to the services to be provided during the course and scope of their employment. 10. COUNTY shall assign a liaison to CITY with respect to the performance of this contract. 11. COUNTY assures that it will comply with Title VI of the Civil Rights Acts of 1964 and that no person shall , on the grounds of race, creed, color, handicap, sex or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this contract. IN WITNESS WHEREOF, CITY and COUNTY hereto have executed this contract on the first day and year mentioned above. COUNTY OF ALAMEDA CITY OF DUBLIN By By Chairperson, Board of upervisors Mayor APPROVED AS TO FORM: ti APPROVED AS TO FORM: RICHARD J. MOORE, County Counsel By BY ity_ ttorney Deputy County Counsel By City Clerk, Date I hereby certify under penalty of perjury that the Chairperson of the Board of Supervisors was duly authorized to execute this document on behalf of the County of Alameda by a majority vote of the Board on and that a copy has been delivered to the Chairperson as provided by Governm en Code Section 25103. DATED: WILLIAM MEHRWEIN, Clerk, oar of upervisors County of Alameda, State of California By: Deputy ADDENDUM TO SERVICE AGREEMENTS BETWEEN COUNTY OF ALAMEDA AND CITY OF DUBLIN AND INSURANCE AGREEMENT THIS AGREEMENT, made and entered into this day of 1984, by and between the COUNTY OF ALAMEDA (hereinafter "COUNTY") and the CITY OF DUBLIN (hereinafter "CITY") amends and modifies the several presently existing service agreements between the aforesaid public agencies and establishes an insurance relationship between said public agencies relating to all services which COUNTY provides . to CITY on a contractual basis. RECITALS: a. COUNTY is desirous of acquiring adequate insurance protection with respect to = all services COUNTY provides to CITY under contract with CITY;:�Iand b. CITY is agreeable to the addition of COUNTY as a named .insured to CITY'..S applicable insurance coverage under the terms and conditions set forth below. NOW, THEREFORE, IT IS AGREED as follows: 1. CITY agrees, through its .City Counsel, to immediately add COUNTY-as a named insured to each and every contract of insurance held or maintained by CITY which is now or may be in the future applicable or provide coverage with respect to any and all services provided to CITY by COUNTY on a contractual basis whether such contract(s) are reduced to writing or otherwise. Such insurance protection provided to COUNTY will include, but not be limited to, protection under four presently existing contracts attached. hereto-.as Exhibits "A" through "D" inclusive, and numbered by COUNTY .as Contracts C-83-131 (Police) ; C-84-445 (Street Maintenance) ; C-83-243 (Animal Control - Shelter); and C-84-446 (Animal Control - Field Services). CITY will immediately provide evidence of coverage (or any amended or changing coverage) to COUNTY, which coverage: (1) must be in full force .and effect and provide coverage retroactive to July 1, 1984; (2) must at all times be adequate in view of the exposure; and (3) must be acceptable in all particulars to the County Risk Manager or other appropriate County official, or otherwise COUNTY may immediately procure such substitute, additional or amended insurance coverage as in the good faith judgment of its Risk Manager or other appropriate County official is necessary and adequate. In this latter event any insurance coverage procured by COUNTY will be deemed an overhead expense of performing the underlying contractual services to CITY and CITY agrees to reimburse COUNTY for the full costs of said added overhead items, insurance premiums and related expenses. t , -2- 2. COUNTY will pay the increased premium charges which are the direct result of and solely due to adding the COUNTY as a named insured to all insurance contracts under the provisions of Paragraph 1 above. 3. COUNTY agrees to pay its share of all premium increases which can be clearly and unambiguously ascertained to be the sole result of COUNTY'S negligent performance of services for which insurance protection is provided. Under no circumstances will this Paragraph apply to any premium increases as to which an itemization. is not provided by the insurance carrier(s) regarding the cause(s) for said premium increase(s). Also, under no circumstances will this Paragraph apply ,to any premium ;increase(s) which . is .; .. at assessed after the expiration of two years, following the termination of,a .given _�. .� contractual service to CITY by COUNTY and which premium increase(s) .:is attributable to said terminated service. COUNTY off-icials will meet with CITY .officials -in the event of a disagreement under this Paragraph relating to COUNTY's proper.;share .of,a premium increase, but in the further event of a failure _of the' part ies,,to :agfee,- CITY..will accept COUNTY'S full faith judgment regarding the matter and may therefore terminate_ this agreement in the manner hereinafter set forth. —CITY will also pay the portion of any premium increase which COUNTY does not pay in order that all insurance remains in force at all times. 4. This addendum and insurance agreement shall be effective on execution thereof, _ and may be terminated by either COUNTY or CITY upon sixty (60) days notice in writing. All insurance covered, by this agreement shall be kept in full force and effect by CITY until this agreement is legally terminated as provided in this agreement..-;::;,i::..,_ .ATTEST: CITY- OF DUBLIN By: By: City Clerk Mayor APPROVED AS TO FORM: By: City Attorney ATTEST: RICHARD MOORE, COUNTY COUNSEL COUNTY OF ALAMEDA By: By: Chairman, Board of Supervisors 8744C-11.6C EY' TT A G'�9 AGREEMENT ENFORCEMENT OF STATE LAWS AND CITY ORDINANCES 1 • l� THIS AGREEMENT, made and entered into this ist 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 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, 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.1. 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 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 the COUNTY. In the event of dispute between the parties a,s 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- 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. r f c. For the purpose of performing'-:.said functions;' COUNTY shall furnish and supply all necessary labor, supervision, equipment, communication r , . f acilities$' and supplies necessary to maintain the' ievel 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, telephoner, 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- c. 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 L111 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. . _ t s L g II. LIABILITY a. :'A11 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 I. 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. y and pay cost of defense and hold the c. The CITY will assume liabilit 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 -4- 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 tf assume' liability an pay 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,jw ether or not arising in the . :; performance of an agreement between .the parties hereto. 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. 1 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) parcent per calendar month or any portion thereof calculated from the last day of the month in which the services were performed: 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. ATTE CITY OF DUBLIN By' ' Y er ayor APPROVED TO FORM: By. . . ttorney -�... ATTEST: - William Mehrwein COUNTY OF AL SA Clerk of th Board of pervisors By: Ka rman, oar tipervisors . _. Deputy C . APPROVED AS TO FORM: Richard re - . .. COUNTY ou sel j I 1 ereby eartlfy under penalty of perjury that the Chairman of BY: r - the Board of Supervi3ors was du�y authorized to execute this eputy document on behalf of the County of Alameda by a majority vote of the Board on :and that a copy has been delivered to the Chairman as prof i ed2b� figxnme tt Code Section 25103 Attest: _ WILLIAM MEHRWEIN,Clerk.Board of Supervisors.Co my of Alameda. Slat o lifornia� e CY 4882B I DUBLIN POLICE SERVICES • ( tic + .1 CAPTAIN,, ; Eden Township Substation) , tit 1 1 SPECIALIST CLEM. 'I ! 1 LIEUTENANT 1 CLERK II: �rt . 14 SUPERVISING CLERK 4 PATROL SERGEANTS .3 DETECTIVE/SERGEANTS (Eden Township Substation) _ .� ,.. .�. 1 DATA INPUT CLERK' r 12 FATROL DEPUTIES ion) (Eden,Township Substat l C1 YRK'S FILE CC py AGREEMENT - STREET MAINTENANCE THIS AGREEMENT, made and entered into this day of 1984, -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 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 ,L: h 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 fal,lows: 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 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 -2- 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 small 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 en.forcement .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 departmerit�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 perfonnance of- such outside duties shall not be at any additional cost to the CITY. The COUNTY. shall rreimburse the CITY for the cost of providing such facilities to the extent that such facilities are used for activities outside the City of Dublin. 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 w -3- - - Ordinary Maintenance and Repair - Routine Patrol and Inspection - Force Account Construction or Reconstruction - Traffic Signal Maintenance Other services that CITY may identify that fall within 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 pursuant to this agreement . hn„ by any COUNTY officer or department unless 'such ,function or service has been requested in writing by the CITY and authorized :by the City.Manager.;,, CITY shall submit a written service request;�to the County Road Department Chief or his designee specifying those functions and services to be performed by..the COUNTY. In an emergency situation, services may be requested by. CITY and provided by COUNTY pursuant to verbal agreement between the City Manager and the County Road Department Chief or his designee. All functions and services provided by COUNTY to CITY 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 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 1 � . -4- 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 comp 1 eted. ` >.4 j. The CITY and COUNTY shall 'mu_tually agre.e 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.000NTY .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. 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 -tNi ••' .t. =1 <, -5- 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 . to officers, agents and 'employees, whether or not arising in the performance of an agreement between the parties ,hereto.'..: d. The COUNTY will assume Iiab.•i;l-ity 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 thereafter maintain during the duration of this contract an ordinance in all -6- 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 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 ashereinbefore' provided for. AND BILLING PROCEDURES V. COST 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 S.upervisors.` 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 _7_ 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. a z.. 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 exces:s.. 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, 1984, and unless sooner terminated as provided 'herein, this agreement shall run for a period ending June 30, 1985. 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. -8- ATTEST: CITY OF DUBLIN By: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . City Clerk Mayor APPROVED AS TO FORM: By: City Attorney ATTEST: William Mehrwein` Clerk of the Board of Supervisors = COUNTY OF ALAMEDA By: By: . . . . . . . . . . ... . . . Deputy nairman Board of Supervisors APPROVED AS FORM: Richard Moore COUNTY unsel r Dep ty 4924C -9- 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. -10- 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 Codeof the State of California. . Y : CROSSING GUARDS ? - Furnishing adult crossing guards for the conduct of children across major thoroughfares on their passage to and from school. ; . f 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 • -. ,SSA 5911 ,VL. C r 1 _ 1 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 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. r -12- 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 p'rior-to the beginning of -work, -and; -except-for-emergency situations, -will consult-with -the-CI TY-before : roceedin p g• C. The CITY shall bear the costof 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: J °' 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. - Amador Plaza Road 7. Dublin Blvd. - Golden Gate Drive 8. Dublin Blvd. - Regional Street 9. San Ramon Road - Amador Valley Blvd. 10. San Ramon Road - Shannon Area 11 . 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 PUDIC Works, to adjust the number and/or location of signal installations to be so covered. 4924C _.E IT.-D._.. ' AGREEMENT ANIMAL CONTROL SHELTER SERVICES 1 1983 THIS AGREEMENT, made and entered into this day of and between the COUNTY OF ALAMEDA, hereinafter referred to as "COUNTY", and L�) by a _ the CITY OF -Dv8/-//� hereinafter referred to as "CITY". � RECITALS: a. The CITY is desirous of contracting with the COUNTY for the .� performance of animal control shelter services by the COUNTY of Alameda. /kt b. The COUNTY is agreeable to rendering such services on the terms and conditions hereinafter set forth. ; C. Such contracts are authorized by Section 51300 et seq. of the ,4in Government Code. THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS N_ I. SERVICES TO BE PROVIDED 1. COUNTY .agrees to provide animal shelter services to CITY for animals impounded pursuant to CITY's ordinance and state law at the level established by the Alameda County Board of Supervisors. Such services shall include, but not be limited to, receiving live animals at the County shelter; providing live animals at the shelter with food, water, farrier and/or veterinary care, euthanizing animals not otherwise. adopted, redeemed, sold or donated to adoption organizations, and disposing of dead animals. VCOUNTY shall furnish and supply all necessary labor, supervision, equipment and pp lies lies except as otherwise required of CITY necessary to maintain the level of service to be rendered hereunder. II. PAYMENT 1. CITY agrees to pay its pro rata share of the annual net cost of shelter services in quarterly installments. a. The CITY' s pro rata share shall initially be its percentage share of the total number of live animals handled at the shelter in the prior fiscal year. If .a city withdraws from the program or a new city participates, the County shall equitably adjust the percentages. b. The annual net cost of shelter services 'shall be the amount budgeted by•the County for the current year' s co i: of ,Ire i��� ser v ices less actual revenue collections for shelter services. c. In the first quarter billing of the following fiscal year, an adjustment shall be made to reflect the actual annual net cost of,.the. shelter services. Reasonable building improvement, depreciation and contract shelter services may also be included in such costs. 2. COUNTY shall bill CITY for services quarterly. CITY shall pay COUNTY within thirty (30) days from the date of billing. 3. If payment is not received by COUNTY at the office which is described on said billing within thirty (30) days after the date of,delivery ' ::' of said billing, COUNTY is entitled to recover interest thereof. Said s interest shall be at 'the rate` of one (1) percent per calendar,month or�.any Y PO rtion thereof calculated from the date of delivery of said billing. . 4 ::} - . a•J^ -ate ,'-rj S+u. .t 1 .. 1 • NE AL- CONDITIONS III. GE - f 1. Animals picked up by CITY and delivered to County Shelter will be held for the minimum time period as specified by County Ordinance. 2. All animals not redeemed within time period set by County .' Ordinance may be sold or. given away to any person other than the owner. 3. . All animals not redeemed, sold, or_given away pursual.t to - County Ordinance shall be humanely disposed of by COUNTY. , 4. An animal surrendered to CITY by owner for purposes of euthansia shall -be euthanized by CITY personnel, providing CITY.,accepts:such animal, prior to its delivery to COUNTY shelter. ; Dead animals delivered by CITY to County shelter shall without,.. exception be placed into containers provided by COUNTY and will not have collars, chains, bandages, flea/tick collars, etc. on the dead animals or.be delivered for disposal within anything other than said container. : ,, _ 6. COUNTY shall keep records of animal type, identifying marks, and time and place of pickup. 7. The CITY shall complete and fill out standardized report forms and shall be required to follow up or handle any of the CITY's own reporting or notification procedures. COUNTY shall provide forms for CITY use only for live or dead animals brought to County shelter. -2- 8. No sick Pr insured animal will be brought to the shelter unless ' and until it has been examined, properly treated and released by a veterinarian. Animals deemed by COUNTY personnel to need veterinary care . shall not be received by COUNTY without written veterinary clearance to hold them at the shelter. 9. The placement of animals in' the shelter shall comply with all procedures established by the County Director of Field Services. 10. Indigenous wild animals protected under State law picked up by CITY must be turned over to the State Department of Fish and Game by CITY. 11. The COUNTY will collect CITY dog license fees only for dogs redeemed or adopted from the County Shelter Facility.` Those fees will be remitted in full to the CITY. } _ ti 3 �4ri 12. COUNTY will charge fees for shelter services in the amount established by resolution, of the Board. of SupervisorS.,:-.-Payment.' of such fees . may be waived only in accordance with County Ordinance. - - --- - 13. CITY agrees to make .all reasonable efforts to return licensed dogs and other animals otherwise identified to an owner to their owner before delivering such dogs or other animals to the County Shelter. IV. NO CHANGE IN EMPLOYMENT EFFECTED HEREBY 1. For the purpose of performing such shelter services and for the purpose of giving official status to the performance thereof, every COUNTY officer and .employee engaged in performing any such service shall be deemed to be an officer or an employee of CITY while performing services for CITY, which service is within the scope of .this agreement and is a municipal function. .; 2. 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 employed by COUNTY, and no person employed hereunder shall have any CITY pension, civil service, or other status or right in relation to CITY. 3. CITY shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any COUNTY personnel performing services hereunder for CITY, or any liability other than that expressly provided for in this agreement. -3- CITY shall not be liable for the compensation or indemnity to r any COUNTY employee for injury or sickness arising out of his employment. COUNTY, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts of CITY or of any officers or..,. employees thereof, and CITY shall defend, indemnify and hold harmless COUNTY, its officers and employees against any claims for damages resulting therefrom. COUNTY, oyees € V. ' TERM : This agreement shall commence on `July`1, :1983, and shall continue from year to year thereafter unless terminated. Either party may terminate this agreement on June 30 of any year by written notice on or before April. 1 of said year. _ VI. MODIFICATION This agreement may be modified in writing by mutual agreement of the parties hereto at anytime. : ATTEST By: 1' C- _ By' ,ty er Mayor APPROVED AS 0 FORM: By: ,ty ttorney ATTEST: Chairman,' Toard of upervi rs County of Alameda APPROVED AS TO FORM: S h;raby ,n re•tlr�/ def p_ni.,y of perjury hat lho Chairman c; RICH D J OOJ�E, TY C N EL the Board of:;upe-,;;o,y:gas dui J,:,,nr,:za ;� cAccute this document on beha:f of the Co nt of Alameda by majority Yote Of the Board on ;and:hat a copy has By: /boon delivered to :he Chainnain asProvided b�,QG vernment Code Section 25103 Aires:: a t fl WILLIAM M IN.Clerk,Board of$ visas.County fat Alameda, at• of Ga rnia BY �t�RK'S FILE Copy 1 AGREEMENT I ANIMAL CONTROL FIELD SERVICES THIS AGREEMENT, made and entered into this day of , 19841) 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 animal control field services within its boundaries by the COUNTY of Alameda. (b) The COUNTY is agreeable to rendering such 'services on the .terms and ;•; t conditions hereinafter set forth. (c) Such contracts are authorized,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 field 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 Field Services- Department of the COUNTY. The level of service shall be that same basic level of service as shown on the Field Service Operations Chart attached hereto as Exhibit'A and made a part hereof by this reference. COUNTY may make adjustments therein which are requested by the CITY and 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 COUNTY'S determination thereof shall be final and conclusive as between the parties hereto. Such service shall include the enforcement of State statutes and such municipal animal control ordinance as the CITY may adopt that is equal to COUNTY'S Ordinance. 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 shal•1 furnish and supply all necessary labor, supervision, equipment and supplies . necessary to maintain the level of service to be,,rendered hereunder.:: In . ; all instances where special supplies,' stationery;-notices,' forms and the n like must be .issued in the name of,the'CITY, ahe ,same..shall .be supplied sR ' by the CITY at its expense. d. - The CITY or COUNTY may terminate those animal licensing services provided by the COUNTY to the CITY at any time during the term of the contract upon providing the other party with thirty (30) days advance - written notice. Such notice shall be delivered by registered mail . 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 employed 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 expressly provided for in this agreement. Except as herein otherwise specified, CITY shall not be liable for compensation of 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 -2- occurring in the performance of this agreement 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 arising in the performance of this agreement. 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 this agreement 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 arising in the performance of this agreement. III. ' INSURANCE Whatever insurance agreement between CITY and COUNTY is in effect during the term of this agreement shall apply hereto and is fully incorporated herein by reference. IV. COST AND BILLING PROCEDURES a. CITY shall pay COUNTY the actual cost to the COUNTY of services provided under this agreement at rates determined by COUNTY in accordance with the policies and procedures established by the Board of Supervisors. b. The COUNTY shall bill CITY for services quarterly. The CITY shall pay COUNTY within thirty (30) days from the date of billing. -3- If such payment is not received by COUNTY at the office which is described on said billing within thirty (30) days after the date of delivery of said billing, 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 date of delivery of said billing. c. COUNTY agrees that all dog license fees which it collects for dog licenses issued by COUNTY to residents of CITY shall be remitted to the CITY quarterly. ; d. CITY agrees that whenever animals from within the boundaries of the CITY are delivered to animal shelters operated by or on.behalf -of COUNTY, the CITY shall pay for the`treatment 'and shelter of said -tom animals, reptiles and fowl at rates to reflect the cost .of such shelter.! : and treatment as determined by- he COUNTY. This provision shall not be effective whenever CITY contracts separately for shelter services from COUNTY. e. Notwithstanding anything to the contrary herein contained, this. , agreement 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 animal control ordinance identical with the provisions of COUNTY'S Ordinance. f.,-'-'The COUNTY agrees to keep separate records for CITY. Such records shall be open for examination by CITY during all business hours. V. DURATION AND TERMINATION This agreement shall have an effective date of July 12 1984, and unless sooner terminated as provided herein, this agreement shall terminate June 30, 1985. -4- 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 upervisors APPROVED AS TO FORM• x t Richard o Chu t - 7ty v' 4889C -5- EXHIBIT A CITY OF DUBLIN 1984-85 ANIMAL CONTROL CONTRACT ESTIMATED COST OF FIELD SERVICE OPERATION SALARIES: Position Annual Rate Amount Totals Field Service .379 $19,505 $7,392.00 : Officer .250* 19,505 4,876.00 $12,268.00 Clerk II = .109 16,178 1 ,763.00 - 1 ,763.00 3 v Subtotal $14,031.00 h Benefits ,@ 30% (applied only to FSO working .379 & Clerk II) b• , -'•:y "-a z $ 2,747.00 Subtotal $16,778.00 SERVICES AND SUPPLIES: Acct.# 3111 Office Expense $ 160.00 3251 Maintenance of Electronics 203.00 3291 Communications 312.00 . 3354 Transportation, Motor Vehicle 32726.00 3411 Professional & Specialized Services _ 6,156.00 All other services and supplies 365.00 ,. Subtotal $10,922.00 Plus Indirect Costs 1 ,454.00 TOTAL $29,154.00 *Subject to the availability of qualified personnel in Field Services Officer positions on an as-needed basis (SAN) This final total is divided by 4 to arrive at the quarterly amount billed. 4889C