HomeMy WebLinkAbout3.5 Alameda County Ins Agreement Coo -40
CITY OF DUBLIN
AGENDA STATEMENT
MEETING DATE: January 24 , 1983
SUBJECT Insurance Agreement between City. and County of Alameda
EXHIBITS ATTACHED Letter from County Risk Manager dated 1/5/83 ; Addendum
to Service Agreements and Insurance Agreement
RECOMMENDATION Authorize Mayor to execute agreement G
FINANCIAL STATEMENT: All additional insurance costs will be borne by
Alameda County
DESCRIPTION At its meeting of October 25, 1982 , the City Council
agreed to add the County of Alameda to its liability
insurance policy for the purpose of covering the
County for services it provides under contract to the
City of Dublin. In accordance with the City Council ' s
action, the County has reduced the City' s overhead
charges from July 1, 1982 . The attached addendum to
the City ' s service agreements with the County provides
for the addition of the County to the City ' s insurance
policy in accordance with the terms and conditions
originally agreed upon, and is retroactive to July 1,
1982 .
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COPIES TO: Judy 'Adams
ITEM N0. 3. `j Mel Hing
Ben Fernandez
R E C E I V E D
v 1 _y,1• ..,� v
COUNTY ADM INISTRATORJAN 10 1983
CITY OF DUBLIPI
�CIFOFt�\\
MEL HING STEPHEN A. HAMILL
COUNTY ADMINISTRATOR ASSISTANT COUNTY ADMINISTRATOR
January 5, 1983
Richard Ambrose, City Manager
City of Dublin
P.O. Box 2340
Dublin, Ca. 94568
SUBJECT: Addendum to Service Agreements between County of Alameda and City
of Dublin and Insurance Agreement
Dear Rich:
Attached is our addendum to the service agreements between the County of
Alameda and the City of Dublin on the insurance. It is pretty straight
forward., so I don't think you' ll have any trouble with it. However, please
review and call me so we can discuss it.
Si cerely,
JUDY A AMS, CSP
RISK MANAGER
JA:ph
Enclosure
cc: John Cosier
George Hewitt
Jeff Campen
1025C
1221 OAK STREET SUITE 555 OAKLAND, CALIFORNIA 94612 14151 874.6252
ADDENDUM TO SERVICE AGREEMENTS BETWEEN
7,7.
THIS AGREEMENT, made and entered into this 24th day of January,
1983 , 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; and
(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 Council, 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 five
presently existing contracts attached hereto as Exhibits "A" through
"Ell , inclusive, and numbered by COUNTY as Contracts 12328, 12329 ,
12330 , 12331 and 12332 . 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, 1982 , (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 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 .
2 . COUNTY will pay the increased premium charges which are the
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 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 officials 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 parties to agree, CITY will accept
COUNTY' S good faith judgment regarding the matter and may thereafter
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
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.
CITY OF DUBLIN
ATTEST: By
By Mayor
City Clerk
APPROVED AS TO FORM:
By
City Attorney
COUNTY OF ALAMEDA
ATTEST: By
Clerk of the Board of Supervisors Chairman,
Board of Supervisors
By
Deputy
APPROVED AS TO FORM:
By
Deputy County Counsel
2
{
per EXIHI IT "A"
AGREEMENT
ENFORCEMENT OF STATE LAWS AND CITY ORDINANCES
tom:
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THIS AGREEMENT, made and entered into this 1st day of July, 1982, by and
between the COUNTY OF ALAMEDA, hereinafter referred to as "COUNTY", and the
CITY OF DUBLIN, hereinafter referred to as "CITY";
RECITALS:
(a) The CITY was incorporated on February 1, 1982, and has requested that
f " 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
a
ti June 30, 1982. .
(b) The CITY is desirous of contracting with the COUNTY for the
enforcement by the Sheriff of CITY police ordinances within the area of the
CITY until June 30, 1983.
THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
I. SERVICES TO BE PERFORMED
a. The COUNTY agrees, through the Sheriff of the COUNTY of Alameda, to
enforce CITY police ordinances within the corporate limits of CITY to the
extent and in the manner hereinafter set forth.
The enforcement of such municipal police ordinances shall be in
connection with and as an incident to the performance of the Sheriff' s law
'+ enforcement functions within the area of the CITY.
1 .
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.
Tile 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 as to the extent of the
duties and functions to be rendered hereunder, or the level or manner of
fl .
the Sheriff of
such service, the determination thereof made by '
performance of arties hereto.
the COUNTY shall be final and conclusive as between the p of crossing
.• Services performed hereunder shall not include the supplying 9 '
guards. it is hereby agreed
b, To
facilitate the performance of said functions, I
0o eration and assistance from the CITY; its
COU��TY shall have full c p
that the
es.
officers, agents and employe
erformin9 said functions, COUNTY shall furnish
ur
pose of p �.�
C. For the p P communication
cessary labor, supervision, equipment,
'II
and supply-all ne
•
facilities, and supplies
necessary to maintain the level of service to be
rendered hereunder. agree as to the
d. Whenever the COUNTY and CITY mutually a necessity for
r de artment to maintain administrative headquarters
any such COUNTY officer o p ense all necessary
the CITY, CITY shall furnish at its own cost and exp janitorial service,
in lies, J
Office supplies,
office space, furniture., and furnishings, ecial
- water, and other . In all instances where sp
telephone, light, utilities.
w
tices, forms and the like must be issued in the name
stationery, no
supplies, . plied CITY at its expense.
of the CITY, the same shall be supp
d by
nderstood that in the event a local administrative
It is expressly u artment,
in the CITY for any such COUNTY officer or dep
Office is maintained department in connection
be used by the COUNTY officer or dep and
such quarters may outside of the CITY
with the performance of its duties in territory ante of such outside
w erf orm
adjacent thereto, provided, however, that the p
n additional cost to the CITY. The COUNTY shall
duties shall not be at any
he cost of providing such facilities to the extent
reimburse the CITY for t of Dublin.
facilities are activities outside the City
that such f re used f onse.)
is aragraph is not operative under mutual aid resp
(Th P
_3_
II. LIABILITY
a. All persons employed in the performance of such services and functions
for CITY shall be COUNTY employees, and no CITY employee as such shall be
taken over by COUNTY and no person hereunder shall have any. CITY pension,
. civil service, or other status or right.
b. CITY shall not be called upon to assume any liability for the direct
payment of any salary, wages, or other compensation to any COUNTY personnel
performing services hereunder for CITY,' or any liability other than' that
s 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
I ' 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.
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i �._..agents and
-aR F--eemeqtbetween--the parties hereta.
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. 000NTY officers, agents and employees occurring in the
performance of .agreements between the parties hereto to the extent that such
iiabiIity . is -imposed on the' CITY.`by .the provisions of Section 895.2 of the
r Government Code of the State of California In :addition, when liability
arises pursuant to Section 830, et s'eq _, of the Government Code," by reason of
a dangerous 'condition of public property of:'the COUNTY, . the COUNTY shall
assume liability and pay cost of defense and hold the CITY harmless from loss,
costs or expenses caused by the negligent or wrongful act or omission of
COUNTY officers;- agents and employees,- whether or not arising in the
performance of an agreement between the parties hereto.
III. COST AND BILLING PROCEDURES
a. CITY shall pay for such .services as are provided under this agreement
at rates to be determined by COUNTY in accordance with the policies and
procedures established by the Board of Supervisors.
b. The COUNTY shall deliver to CITY within thirty (30) days after the
close of each calendar month an itemized invoice which covers 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.
IV. DURATION AND TERMINATION
This contract shall have an effective date of July 1, 1982, and ,
unless sooner terminated as provided herein, this agreement shall run for a
period ending June 30, 1983.
..:: ATTES CITY.OF DUB IN
By: GhM�OL C. BY.
CITY Clerk Mayor.
APPR D AS 0 FORM:
By:
CITY Attorney
ATTEST:
William Mehrwein COUNTY OF ALAMEDA
Clerk of the Boa of,Superv.i sors
B B .�.
Deputy ChaTErn, "Board of Supervisors
APPROVED AS TO FORM: Meh>T.rein, Ci-ar.';, a ,r;' of Su;,;r,i�ors, Alamej
da
County, do hereby certity under penalty of perjury teat a
Richard Moore copy of the attached document has been delivered to
COUNTY Counsel Cha'rrm.on, Alameda County Board of
Supervisors, Qs provided in Section 25103 of the Govern-
ment Code.
BY
Deputy \ Dared: _.
-U L 2 7 1982
J
S -
WILLIAM MEHRWEIN� CLERK Of.
THE BOAR!) OF SUPERVISORS
4882B
REEL _i1A1AGE _ RICHARD j. MORE, County Counsel
.._f................................................... '...Ci:i:tif'
THE BOARD OF SUPERVISORS OF THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA
On motion of Supervisor................••----......--•---••---•--._.._....-••-_..... Seconded by Super-visor...........................................................
and approved by the folloNving vote,
Ayes: Supervisors............................................................................................
Noes: Supervisors..........................................................................................................................................................................
Excusedor Absent: Supervisors......................................................................... ...-•---•-••--•---••--••---••--•-----•-------------........._•---....-•••--
THE FOLLOWING RESOLUTION WAS ADOPTED: NUMBER..-. �4_ �
EXECUTE AGREEMENT
3
BE IT.R.ESOLVED that Joseph P. Bort; 'Chairman of=the Board of Supervisors
of the County of Alameda, be and he is hereby authorized and directed to execute
on behalf of the County of Alameda that certain agreement by and between the
County of Alameda and CITY OF DUBLIN, providing. for law enforcement services in
the enforcement of State laws within the area of the CITY until June 30, 1982;
and providing for the enforcement by the Sheriff, of CITY police ordinances within
the area of the CITY until June 30, 1983.
CONTRACT NO: �C7
I CERTIFY THAT Ti•'.�-- I�3 A Ci:P.,
rHE BOARM OF StJ;��NVioOn8 h.Lf S5c[)'t
COUNTY.CAUFORMA JUL 27 1982
ATTEST: JUL 27 1982
WILLIAM MEHRWEIN, CLERK OF
/
H O SUPE RVISORS
�BY .. ... -•........... .. .......
i •
cc
i , AGREEMENT
T
ANIMAL CONTROL SERVICES
Z
G
Z
C
THIS AGREEMENT, made and entered into this 1st day of July,, 1932, 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
l performance of the hereinafter described animal control services within its
boundaries by -the COUNTY of Alameda.
(b) The COUNTY is agreeable to rendering such services on the terms and
conditions hereinafter set forth.
(c) Such contracts are authorized and provided for by Section 51300 et
seq. of the Government Code.
THEREFORE, THE PARTIES AGREE AS FOLLOWS:
. I. SERVICES TO BE PROVIDED
a. The COUNTY agrees to provide animal control services within the
corporate limits of CITY to the extent and in the manner hereinafter set forth.
Such services shall only encompass duties and functions' of the type
coming _within the jurisdiction of and customarily rendered by the Department
' of Animal Care and Control of the COUNTY of Alameda.
� .:
.The level of .service shall be that same basic level of service that is
and shall be hereafter during the term of this agreement provided for
unincorporated areas of the COUNTY, and any adjustments requested by the CITY
which the COUNTY has the capability and agrees to provide.
The rendition of such services, the standard of performance and other
matters incidental to the performance of such services, and the control of
personnel so employed shall remain in the COUNTY. In event of dispute between
the parties .as to the extent. of the duties and functions_ to be rendered
hereunder or the level and manner of performance of such service, the
determination thereof made by the COUNTY shall be final and conclusive as
between the parties hereto.
-2-
Such service shall include the enforcement of State statutes and such
municipal animal control ordinance as the CITY may adopt, as hereinafter
provided for.
b. To facilitate the performance of said functions, it- is hereby agreed
that the COUNTY .shall. have full cooperation and assistance from the CITY, its
officers, agents, and employees.
c. For the purpose of,performing said functions COUNTY shall furnish and
supply all necessary labor, supervision, equipment and supplies necessary to
maintain 'the level of service to be rendered hereunder.' . :
d. ::-.Whenever-the COUNTY :and CITY mutually agree as to the necessity for
any such COU14TY 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, hovever, -that the performance of such outside
duties shall not be at any .additional cost to. the CITY. The COUNTY shall
. ., reimburse the CITYfor the. cost of providing such facilities to the extent
that such facilities are used for activities outside the City of Dublin.
e. No function or service shall be performed hereunder by any COUNTY
officer or department unless such function or service shall have been
requested in writing by the CITY on order of the CITY Council thereof or such
officers as it may designate and approved by the Board of Supervisors of the
COUNTY, or such officer as it may designate, and each such service or function
shall be performed at the times and under circumstances which do not interfere
with the performance of regular COUNTY operations.
-J-
i -
II. LIABILITY
a. All persons employed in the performance of such services and
• r
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 sal ary,'.wages- :or other compensation to any COUNTY personnel
m� performing services , ereunder for`CITY, or any liability other than that
y 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
t;
liability and pay cost of defense and hold the COUNTY harmless from loss,
f 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
f
-4-
act or omission of COUNTY officers, agents and employees occurring in the
performance of agreements between the parties hereto to the extent that such
liability is imposed on the CITY by the provisions of Section 895.2 of the
Government Code of the State of California. In addition, when liability
arises pursuant to Section 830, et seq., of the Government Code, by reason of
. a dangerous condition of public property of the COUNTY, the COUNTY shall
assume liability and pay cost of ..defense and hold the CITY harmless from loss,
costs' or expenses caused by .the negligent or wrongful act or omission of
COUNTY officers, agents and employees, whether or not arising in the
.} . performance of an `agreement between the parties hereto
III. COST AND BILLING PROCEDURES
a. CITY shall pay for such services as are provided under this agreement
at rates to be determined by COUNTY in accordance with the policies and
procedures established by the Board of Supervisors.
b. The COUNTY shall deliver to CITY within thirty (30) days after the
close of each calendar month an itemized invoice which covers all services
performed during said month, and CITY shall pay COUNTY therefore within thirty
(30) days after .date of said invoice.
If such payment is not received by COUNTY at the office which is
. described on said invoice within thirty (30) days after the date of delivery
of said invoice, COUNTY is entitled to recover interest thereof. Said
interest shall be at the rate .of one (1) percent per calendar month or any
portion thereof calculated from the last day of -the month in which the
services were performed.
C. CITY agrees that whenever animals from within the boundaries of the
CITY are delivered to animal shelters operated by COUNTY, the CITY shall pay
for the treatment and shelter of said animals, reptiles and fowl at rates to
reflect the cost of such shelter and treatment as determined by the COUNTY.
d. COUNTY agrees that all license and redemption fees which it collects
on animals delivered to its animal shelters from the CITY shall be credited to
the CITY every thirty (30) days.
x•
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f yj -5-
e. Notwithstanding anything to the contrary herein contained, this
contract shall be sooner terminated at any time that CITY fails to enact and
to maintain in full force and effect, including the amount of fees provided,
an ordinance identical with the provisions of the COUNTY.
f. The COUNTY agrees to keep separate records for each city. Such
records shall be open for .examination by said CITY during all business hours.
g The COU��TY :agrees to maintain its kennels and animal shelter in a
humane manner and keep said 'premises in a sanitary condition at all times and
j
that all services furnished by it hereunder shall be in accordance with the
laws' of the State of California and that it will' give the prescribed notices
and use humane methods of care and destruction of any animal coming under its
jurisdiction.
IV. DURATION AND TERMINATION
This contract shall have an effective date of July 1, 1982, and unless
sooner terminated as provided herein, this agreement shall run for a period
ending June 30, 1983.
ATTEST: CITY 0 DU ''IN
6 .� ► By: —c
CITY Cler Mayor.
APPR D AS,
/TO ORt
by: Cci � '�E'
CITY Attorney
i
ATTEST:
'Wi l l i am Mehrvre i C 1TY A MEDA
Cler Ln t he Bo d of Supervisors
By: By:
Deputy Cha'.cm4n, Board of Supervisors
APPROVED AS TO FORM:
Richard Moore 1, Willi6m McKrvein, C.es'. ? i
COUNTY C ,I County, do hereby cernty under pe:laity of perjury that a
(�J�' copy of the attached document has been delivered to
By: Chairman, Alameda County Board of
Deputy Supervisors, as provided in Section 25103 of the Govern-
ment Code.
48893
Dated:
AR 2 7 1982
WILLIAM MEHRWEIN, CLERK OF
THE BOARD OF SUPERVISORS
ItF;LL_.-------...----.IMAC,L_-.--____-- - RICHARD }'. 'niOORi, Count} Counsel
�y................................................... _ Cf7Ucy
THE BOARD OF SUPERVISORS OF THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA
On motion of Supervisor............................................................. Seconded by Supervisor..........................................................
and approved by the following vote,
Ayes: Supervisors............................................................................................ ................................................................ ..........•-
Noes: Supervisors...........................................................................................................................................................................
Excusedor Absent: Supervisors............................................................... ...... ...-•••-•--••-...•••-•=-••-••••-•---•••-•--•-••-•-•------•••-......._...._.
1940.9
THE FOLLOWING RESOLUTION WAS ADOPTED: NUMBER..........................•.
EXECUTE AGREEMENT
BE "IT',RESOLVED that Joseph P. Bort, Chairman of .the Board of Supervisors
of the County of Alameda; be and he is hereby authorized and directed to execute
on behalf .of the County of Alameda that certain agreement by and between the
County of Alameda and CITY OF DUBLIN, providing for animal control services with-
in the corporate limits of CITY by the County of Alameda, covering the period
July 1, 1982 through]]June 30, 1983.
,�2l�2J nr....
CONTRACT N0: t CEp-iVy T;•iAT T! Y V' ypp
RcCT l Cr i Qi N.:
n-I� CMAP0 JUL�2
CouI:TY,CA ,FO-n.tjIA
ATTEST: ,_---•----�'---....----...�---
WILLIAM MEiiRWEi�1, CLERK Of
g D Or. SUPERVISORS
...-
By
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1 EX HI IL "'C"
1
AGREEMENT STREET MMINTENIANCE
z Z
THIS AGREEMENT, made and entered into this 1st day of July, 1982, by and C.
. 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
a
a
y
N 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
a
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
-2-
other than those required to be furnished by CITY, necessary to carry out the
instructions of CITY and to construct, operate and maintain CITY streets in
accordance with the level of service prescribed by COUNTY, unless CITY by
resolution,* or CITY' s authorized designate, in writing, requests a different
level of service. :. All work, services, and materials shall be of equal
workmanship `and quality 'as that performed or furnished for COUNTY. roads. Both
parties ' agree that they and their officers and agents shall cooperate in the
carrying out of said functions and that the Road Commissioner shall have full
autfiority, '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
Emergency Services
Ordinary Maintenance and Repair
's Routine Patrol and Inspection
Street Sweeping
Permit Issuance and Inspection
Force Account Construction or Reconstruction
Engineering Services
Other services that CITY may identify that fall within the purview and
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
`•a f unction shall be performed at the times and under. circumstances which do not
interfere with the performance of regular COUNTY operations. '
g. During the term of this agreement, CITY, prior to the start of the
fiscal year, shall advise the Road Commissioner of the program for street
maintenance, construction, and improvement for the forthcoming fiscal year.
h. ' The Road Department of the COUNTY of Alameda shall not perform any
function hereunder not coming within the scope of the duties of such
department in performing services for COUNTY.
i. If, pursuant to this agreement, the Road Department prepares plans for
any project to be constructed by a private contractor, CITY shall have the
option of either becoming a part of a COUNTY overall contract for such
services, should one be available for advertising on a timely basis, or of
-4-
entering into a separate contract with such private contractor. If the CITY
elects to join in a COUNTY overall contract, CITY work shall be bid as an
alternate which CITY shall have the right to reject after bids are received.
In either case, all plans, profiles, and the specifications therefore,
together with the terms 'of the contract and the accompanying bonds, when
prepared by COUNTY shall be submitted to CITY officials 'a's may be by
t
resolution designated by such Council for that purpose. :If inspections
necessary to ascertain the compliance by the contractor 'with 'the plans,
. . profiles, and specifications are made by COUNTY a report thereon shall be
submitted to CITY. It shall be COUNTY' s responsibility to ultimately
determine the adequacy of such performance and to finally certify the work as
completed.
II. . LIABILITY
a. All persons employed in the performance of such services and functions
for CITY shall be COUNTY employees, and no CITY employee as such shall be
taken over by COUNTY and no person hereunder .shall have any CITY pension,
civil service, . or other status or right.
b. '"CITY shall not be called upon to assume any liability for the direct
payment of any salary, wages, or other compensation to any COUNTY personnel
'i
performing services hereunder for CITY, or any liability other than that
J
provided for in this ,agreement. .:
Except as herein otherwise1'specified, CITY shall not be liable for
4
compensation or indemnity to any COUNTY employee for injury or sickness
arising out of. his employment.
-5-
c. The CITY will assume liability and pay cost of defense and hold the
COUNTY harmless from loss, costs or expenses caused by. the negligent or
wrongful act or omission of CITY officers, agents and employees occurring in
the performance of agreements between the parties hereto to the extent that
, such liability is imposed on the COUNTY by the provisions of Section 895.2 of
the Government Code of the State of-California. In addition, when liability
arises pursuant to Section 830, et .seq., of. the 'G0vernment Code, by reason. of
a dangerous condition of public property of the CITY, 'the CITY shall assume
liability and pay cost of def ense ;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
t a dangerous condition of public property of the COUNTY,''the COUNTY shall
assume liability .and pay cost .of., defense and hold the CITY harmless from loss,
costs or expenses caused by the negligent or wrongful act or omission of
COUNTY officers, agents and employees, whether or not arising in the
performance of an agreement between the parties hereto.
III. CITY ORDINANCES
a. To assist COU14TY in the performance of its duties hereunder and to
safeguard. CITY's streets, it is agreed that CITY will forthwith enact and
thereafter maintain during the duration of this contract an ordinance in all
material respects, including the amount of the fees provided identical to
Chapter 1, Title 5 of the Alameda COUNTY Ordinance Code, as amended.
-6T
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 Coriimissioner, acting on behalf of COUNTY, may use his discretion and
need 'not request CITY to adopt amendments which do not apply to CITY.
Regardless of anything to the contrary herein contained, this contract
shall sooner terminate any time CITY fails to enact and maintain, or to enact
amendments 'to said Ordinance as hereinbefore provided for.
IV. ' COST AND BILLING PROCEDURES -
a. CITY shall pay for such' services as 'are provided under this agreement
at rates to be determined by COUNTY in accordance with the policies and
procedures established by the Board of Supervisors.
b. The Road Department shall keep reasonably itemized and in detail work
or job records covering the cost of all services performed, including salary,
wages and other compensation for labor; supervision and planning, plus
overhead, the reasonable rental value of all COUNTY owned machinery and
equipment, rental paid for all rented machinery or equipment, together with
the cost of an operator thereof when furnished with said machinery or
equipment, the cost of all machinery and supplies furnished by the COUNTY,
reasonable handling charges, and all additional items of expense incidental to
the performance of such function or service.
c. The COUNTY shall deliver to CITY within thirty (30) days after the
close of each calendar month an itemized invoice which covers all services
performed during said month, and CITY shall pay COUNTY therefore within thirty
(30) days after date of said invoice.
If such payment is not received by COUNTY at the office which is
described on said invoice within thirty (30) days after the date of delivery
s
of said invoice, COUNTY is entitled to recover interest thereof. Said
i
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
I •
services were performed.
i
I
I
I
I
I
f •
7 e
Notwithstanding anything hereinabove to the contrary, COUNTY may bill
CITY for the entire cost of any specific project at the completion thereof,
and such cost will be paid within a reasonable time thereafter. The words
"specific project" as used herein shall include, but shall not be limited to,
all construction, reconstruction, relocation, and other similar capital
projects.
d. If, at the .termination of this agreement, COUNTY has on hand any
•
unexpended and unencumbered .portion of ..any'.funds from any Source -allocated or
apportioned to CITY, which is in excess of any obligation of CITY to COUNTY
for the performance of such functions by Road Commissioner, -any such excess
Shall thereupon be paid to CITY by COUNTY, in the same manner and for the same
purposes as other like funds are paid to other cities in COUNTY.
V. DURATION AND TERMINATI011
This contract shall have an effective date of July 1, 1962, and unless
sooner terminated as provided herein, this agreement shall run for a period
ending June 30, 1983. The specific services of street sweeping, tree
trimming, and engineering services or. portions thereof may be terminated with
30 days notice by either party subject to mutual agreement as to disposition
of work in progress.
ATTEST: OF DUBLIN
By: C , y;
's City ,Clerk Mayor
APPROV AST FOR(
By.
City Attorney
ATTEST:
William M�eB in CO Y L DA
Clerk o • oar o
By:� By: '' i
Deputy Chai n, Board of Supervisors
A F F I D A V I T
I, William Mehrwein, Clerk, Board of Supervisors, Alameda County, do hereby certify
under penalty-of 'perjury �that a copy of the attached document has been delivered to '
the Chairman,-Alameda County-Board of Supervisors, as provided in Section 25103 of
the Government Coder`
Dated:
JUL 2 7 1982
WILLIAM MEHRWEIN, Clerk, Board of .Supervisors
1 _
APPENDIX A
• r
STREET MAINTENANCE SERVICES
These descriptions are intended to be general in nature. -The specific level
'
... ....,of :service 'p-erformed 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 1,1AINTENANCE AND REPAIR
i 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 def aced
signs, and other conditions requiring maintenance or further investigation for
reconstruction, repair or replacement.
-9-
May also include such other activities as responding to citizen complaints or
inquiries and reviewing activities of CITY contractors within CITY streets.
STREET SWEEPING .
Scheduled cleaning of streets to remove dirt and debris from gutters to allow
for the free flow of :water. : Work to`be "done generally by powered equipment
'specifically designed and manufactured for that purpose. Schedule and
frequency to be prescribed by CITY. `'`
PERMIT ISSUANCE AND INSPECTION
The issuance of permits .as required by Chapter 1, .Title 5 of the Alameda
COUNTY Ordinance Code, as amended and inspection for compliance with the terms
of each permit. CITY-COUNTY commits each to the other as specified in
paragraph III of this agreement.
FORCE ACCOUNT CONSTRUCTION AND/OR RECONSTRUCTION
Such work shall encompass all work, not in the opinion of the Road
Commissioner considered as ordinary maintenance and repair and that work
excluded by the definition of "Maintenance" in Section 27 of the Streets and
Highway Code of the State of California.
ENGINEERING SERVICE
Surveys, studies, investigations; preparation of plans, specifications and
estimate; advisors to CITY boards or commissions; and other engineering
activities not directly related to supervision of forces performing activities
described in other general categories.
CROSSING GUARDS
Furnishing adult crossing guards for the conduct of children across major
thoroughfares on their passage to and from school.
f
APPENDIX B
TRAFFIC SIGNAL MAINTENANCE
Road Department shall provide for the maintenance of certain approved
traffic signal systems at .intersec.tions (.intersections as defined. in Section
l
364 of the Vehicle Code) which are under the jurisdiction of the. CITY and to
1
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
4; 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.
B. Extraordinary..maintenance costs and costs for vandalism and
• f
collision repairs shall .be assessed directly against the
installations involved. Such costs shall be the actual costs of
labor, parts and equipment .used and/or actually expended in each
particular instance. .: In order to insure budget control, the Road
Commissioner shall approve all extraordinary repairs prior to the
beginning `of work;` and, ='excepty for emergency situations, vii 11
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 'clay
7. Dublin Blvd. - Regional Street
1
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.
49246
Appro%-ca as io ruin;
REEL--- RICHARD j. MOORE, County Counsel
By................................................... Deputy
THE BOARD OF SUPERVISORS OF THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA
On motion of Supervisor............................................................. Seconded by Supervisor...------I....•..........•.................................
and approved by the following vote,
Ayes: Supervisors..................•...•................................... .................................................................................................. .............
Noes: Supervisors.................................................................... ....................... ..................... ........................................................ .
Excusedor Absent: Supervisors....... ..••.. ........................................................ . .. ........................................................................
THE FOLLOWING RESOLUTION WAS ADOPTED: NUMBER............................
EXECUTE AGREEMENT
BE IT RESOLVED that Joseph P. `Bort, Chairman of the Board of Supervisors
of the County o f Alameda, be and he is hereby authorized and directed to execute
, �
'on behalf of :the County ;of Alameda that certain agreement by and between the
County of Alameda and CITY OF DUBLIN, providing for the performance of street
maintenance and improvement functions within its boundaries by the County of
Alameda, covering the period July 1, 1982 through June 30, 1983.
CONTRACT .NO: 12330
I C-CQ.TH::e T1. A
NE 60A'ID 0ii-
"17"
JUL 2 ,
COUNTY,CALIF 7 li:A -257-198Z
UK
ATTEST:
WILLIAM MEHRWEIN, CLERK OF
YY,LL"�
T RD OF SUPERVISORS
cc
AGREEMENT
BUILDING INSPECTION SERVICES
THIS AGREEMENT, made and entered into this 1st day of July, 1982, by and W
W
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.
t (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 FOLLO'WS: .
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.
-2-
c. Whenever the COUNTY and CITY mutually agree as to the necessity for
any such COUNTY officer or department to maintain administrative head' uarters
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
..the CITY,--.the' same `shall be supplied by'the CITY at its expense.
It 'is'expressly:un de '
stood that in the event;a .locaI -.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
s .
with the performance of regular COUNTY .operations.
II. .LIABILITY
a. All persons employed in the performance of such services and functions
for CITY shall be COUNTY employees, and no CITY employee as such shall be
taken over by COUNTY and no person hereunder shall have any CITY pension,
civil service, or other status or right.
-3-
b. CITY shall not be called upon to assume any liability for the direct
payment of any salary, wages, or other compensation to any COUNTY personnel
performing services hereunder for CITY, or any liability other than that
provided for in this agreement.
Except as herein otherwise specified, CITY shall not be liable for
compensation or indemnity to any COUNTY employee for injury or sickness
arising out of his 'emp1oyment
z.
c. The CITY vJ11 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 unposed on the COUNTY by the provisions of Section 895.2 of
the Government Code of the State of California. In addition, when liability
arises pursuant to Section 830, et seq., of the Government Code, by reason of
a dangerous condition of public property of the CITY, the CITY shall assume
liability and pay cost of defense and hold the COUNTY harmless from loss,
costs or expenses caused by the negligent or wrongful act or omission of CITY
officers, agents and employees, whether or not arising in the performance of
an agreement between the parties hereto.
d. The COUNTY. will assume liability and pay.cost of defense and hold the
CITY harmless from loss, costs or expenses caused by the negligent or wrongful
act or omission of COUNTY officers, agents and employees occurring in the
performance of agreements between the parties hereto to the extent that such
liability is imposed on the CITY by the provisions of Section 895.2 of the
Government Code of the State of California. In addition, when liability
arises pursuant to Section 830, et seq., of the Government Code, by reason of
a dangerous condition of public property of the COUNTY, the COUNTY shall
assume liability and pay cost of defense and hold the CITY harmless from loss,
costs or expenses caused by the negligent or wrongful act or omission of
COUNTY officers, agents and employees, whether or not arising in the
performance of an agreement between the parties hereto.
III. CITY ORDINANCES
The CITY agrees to adopt the COUNTY Building Code, Plumbing Code,
Electrical Code, Housing Code and the provisions of the Alameda COUNTY
Ordinance Code relating to abatement. The CITY agrees that the COUNTY shall
have complete discretion over the administration, interpretation, and
enforcement of.-said codes.
IV. COST AND BILLING PROCEDURES
r ' (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 indiv,idu'a1 permit for which fees are
accepted. Fees collected will be as set forth in said City ordinances, and
CITY agrees that retention of fees by the COUNTY constitutes full payment for
all plan checking and construction inspection services.
(b) COUNTY agrees to make Zoning and Housing Code enforcement services
available, as directed by CITY, and to bill for such services on an hourly
rate. The hourly rate shall 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 of ter billing.
, , (c) Upon termination of services .(see Paragraph V below), COUNTY agrees to
"accept no new plan checking or building inspection permit requests, and to
refer all such requests to CITY or CITY' s agent. However :.COUNTY will
continue to provide services to permit holders who have already paid fees to'
the COUNTY, as outlined above.
V. DURATION AND TERMINATION
This contract shall have an effective date of July 1, 1982, and unless
sooner terminated as provided herein, this agreement shall run for a period
i ending June 30, 1983. This agreement may be terminated with 30 days notice by
either party subject to mutual agreement as to disposition of work in progress.
r
ATTEST: Y OF DUBLIN
6 n
y: y: �= --
CITY CIerK May r
APPRO ;A1 AS TO FORM:
by: i �
CITY Attorney
ATTEST
rli 11 i am Mehrv�e i n .
COUP) OF,:ALAME DA
Clerk of the Boa' of°Supervisors
s By: By:
Deputy, Chairman, Board of Supervisors
APPROVED AS TO FORM:
Richard Moore .
COUNTY Counsel I, William Mehryein, C'erl- q-..�• ! �( ^:e?a
County, do hereby certity under pena!ty of perjury that a
copy of the attached document has been delivered to
ey: u
Chairman, Alameda County Board of
Deputy Supervisors, as provided in Section 25103 of the Govern-
ment Code.Supervisors,,
as
_JUL 2 7 1982
WILLIAM MEHRWEIN, CLERK GF.
THE BOARD OF SUPERVISORS
49188 .
J U L
Approvecd as to Form
RICHARD MOORE, Coun�,,! Colin:et
By---------------------------=----------------------- Deputy
THE BOARD OF SUPERVISORS OF THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA
On motion of Supervisor............................................................. Seconded by Supervisor..........................................................
and approved by the following vote,
Ayes: Supervisors--------------------------------------- .................................................... ................................................................ ............ -
Noes: Supervisors--- I................................................................................. ................................................... .........................
Excusedor Absent: Supervisors................................................................. .•..... .. ................ ......................................................
G.
THE FOLLOWING RESOLUTION WAS ADOPTED: NUMBER194 '101-1
.........................
EXECUTE AGREEMENT
e' f -Board of Supervisors
BE IT RESOLVED 'that *Jos' h* P.`:Bort"Chair' man 6 the Joseph
of the County of-Alameda, be and he is hereby-'authorized and directed to execute
on behalf of the County of Alameda
- thait certain agreement by and between the
County of Alameda 'and CITY OF DUBLIN, providing for the performance within the
CITY of functions performed by the Building Inspection Department of the Public
Works Agency in unincorporated territory applicable to the CITY, covering the
period July 1,' 1982 through June 30, 1983.
CONTRACT NO. C.
THE
POARD OP s J, c vl cJ A'
COUNTY, CALIFCMMA
ATTEST:
ILLIAM MEHRWEIN" CLERK OF
0- IL11IRY110RI
BY;��
7
cc
.... .__.._ .... is
AGREEMENT
EXAMINATION OF TRACT MAPS A.-NO PARCEL MAPS
C
THIS AGREEMENT, made and entered into this First day of July, 1982, by and
i
between the COUNTY of Alameda hereinafter referred to as the "COUNTY," and the
CITY of Dublin, hereinafter referred to as "CITY."
RECITALS:
A. The Subdivision Map Act, at Section 66431 of the Government Code,
3< provides that: '
Upon mutual agreement :of their respective legislative bodies, the
COUNTY Surveyor may perform any or all of the duties assigned to the
CITY Engineer, including required certifications. Whenever such
duties have been divided between the COUNTY Surveyor 'and the CITY
Engineer, each officer shall certify to the duties performed by him."
r
B. The parties hereto desire that the COUNTY Surveyor perform in
accordance with the provisions of the Subdivision Map Act certain duties
i
otherwise assigned to the CITY Engineer relating to the certification of tract
maps and parcel maps of all subdivisions proposed within the CITY.
THEREFORE, the parties agree as follows:
SERVICES TO BE PERFORMED -
a. The CITY Engineer of the CITY shall examine each tract map of each
subdivision within ,the :limits of the CITY, with respect to its conformity with
r the tentative map or maps and any approved alterations thereof and with
K applicable CITY records and ordinances, and shall place ..on the face of such
` map his certificate in substantially the following form. ,.
I HEREBY CERTIFY that 1 have examined this map and that it conforms
substantially to the tentative map and all approved alterations
.thereof; that all provisions of subdivision ordinances of the CITY
applicable at the time of approval of the tentative map have been
complied with; and that I am satisfied that this map is technically
correct with respect to CITY records.
(Signed)
Dated CITY Engineer
-z-
b. The COUNTY Surveyor of Alameda COUNTY shall examine such tract maps
with respect to all matters not included in the CITY Engineer' s examination and
shall so certify on the face of each map in substantially the following form.
I HEREBY CERTIFY that I have examined this map; that it complies with
all provisions of State law applicable at the time of approval of the
tentative map; and that, I am satisfied that this map is technically
correct in 'all respects not certified ..to by the CITY Engineer
COUNTY-SURVEYOR
By.
Deputy .. . .
c. The CITY Engineer of the CITY shall examine each parcel. map of each
division of land within the limits 'of said CITY, with respect to its
conformity with the tentative. map or maps and any approved alterations thereof
and with respect to CITY records and any applicable CITY ordinances, and shall
place on the face of such maps his certificate in substantially the following
form:
CITY ENGINEER'S CERTIFICATE
This map conforms with the requirements of local ordinance.
Dated: (Signed)
r
CIT Y Engineer
.. ..
d. The COUNTY Surveyor. of Alameda COUNTY shall examine such parcel maps
with respect to all not included in the CITY Engineer's examination and
shall so certify on the face of each map in substantially the following form:
COUNTY SURVEYOR'S CERTIFICATE
This map conforms with the requirements of the Subdivision Map Act.
Dated:
COUNTY SURVEYOR
By
Deputy
' —3—
e. In the instance of the COUNTY Surveyor having been duly appointed and
authorized to act in the capacity of CITY Engineer, it is agreed that he will
complete and execute the foregoing certificate or an appropriate combination
thereof. Lacking such authorization, only the certificates pertaining to
State law and the Subdivision Map Act will be completed, leaving the
L. certificates relating to local ordinance and records to be'completed by the
- t
"s duly :autho zed CITY.Engineer
; . .
_a .-
. f. :. No function or
Service' shall be performed hereunder by any COUNTY
officer-or An artment 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.
CITY shall''not be called upon to assume any. liability for the direct
:.a payment of any salary, wages, or other compensation to any COUNTY personnel
. performing services hereunder for CITY, or any .1 i/ability other than that
provided for in this agreement.
<< -4-
Except as herein otherwise specified, CITY shall not be liable for
compensation or indemnity to any COUNTY employee for injury or sickness
arising out of his employment.
c. . The CITY will assume liability and pay cost of defense and hold the
COUNTY harmless from :loss,' costs or expenses caused by the negligent or
wrongful act or omission of CITY officers, ,.'agents and employees occurring in
�} the performance of agreements between the 'parties `hereto to the extent that
such liability is '
imposed on the COUNTY by the provisions of Section 895.2 of the Government
Code of the ,State of California. In addition, when liability arises pursuant
to Section 830, et seq. ; ,of the Government Code, by reason of a dangerous
condition of public property of the CITY, the CITY shall assume liability and
and pay cost of defense and hold the COUNTY harmless from loss, costs or
expenses caused by the negligent or wrongful act or omission of CITY officers,
agents and employees, whether or not arising in the performance of an
agreement between the parties hereto.
d. The 000NTY 'wi11 '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
j'. performance of agreements between the parties hereto to the extent that such
liability Js 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.
1 i
-5-
IV. COST AND BILLING PROCEDURES
a. COUNTY Surveyor shall collect such fees as are so provided as COUNTY' S
sole compensation for the service rendered hereunder.
For the purpose of effectuating collection of fees provided for
herein, it is agreed that the COUNTY Surveyor shall have all the powers of the
CITY Engineer or. other CITY officer responsible for the collection of such .
fees and that CITY shall supply full cooperation therein.
b .This contract.-shall be terminated at any time CITY fails to enact and
- -c
maintain in full 'force and effect an `ordinance providing for the payment by
. sub,dividers , of ,fees which .are in the opinion of the COUNTY sufficient to pay
the costs of rendition of services by the COUNTY Surveyor, as provided for
herein. In such event, COUNTY shall give notice thereof to CITY in writing
and all obligations of the COUNTY hereunder shall cease thirty (30) days after
the depositing of such notice with the United States Postal Service.
V. DURATION AND TERMINATION
t
a. This contract shall have an effective date of July 1, 1982, and unless
sooner terminated as provided herein, this agreement shall run for a period
ending June 30, 1983. This agreement may be terminated with 30 days notice by
either party subject to mutual agreement as to disposition of work in progress.
CITY OF BLIN
B
EST: .. Mayor .
CITY Clerk
COUNTY F--•A .
By
Chai ' n, Board of Supervisors
ATTEST:
William Mehrwein
Cle k of he Board f Supervisors
By
A F F I D A V I T
I, William Mehrwein, .Clerk, Board of Supervisors, Alameda County, do hereby certify
under penalty 'of perjury ;that a copy of the attached document has been delivered to
the Chairman, .Alameda..County,.Board..of Supervisors, as provided in Section 25103 of
the Government Code.
Dated: 'JUL 2 7 1982
WILLIAM MEHRWEIN, Clerk, Board of Supervisors
Approved as to Form
REF.L___ _.___lNfAGE_____._.—_—__.._
RICHARD j. i♦lOORE, County Counsel
By--------------------------------------------------- Deputy
THE BOARD OF SUPERVISORS OF THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA
On motion of Supervisor...................... ---------•-----------•--------•-- Seconded by S upervisor-..........................................................
and approved by the following vote,
Ayes: Supervisors............................................................................................ ................................................................ .......---
Noes: Supervisors.......................................................... -----------•--••------•-----...... .................. ......................... ------••----------------....... `
Excusedor Absent: Supervisors........................................................................ .. ............................................. ...........................
THE FOLLOWING .RESOLUTION WAS ADOPTED: NUMBER............................
EXECUTE AGREEMENT
5.
BE .IT RESOLVED that Joseph ort; Chairman'of the Board of Supervisors
r
x of the County of Alameda, be and he is hereby authorized and directed to execute
3 on behalf of1the :County of Alameda that certain agreement by and between the
County of Alameda and CITY OF DUBLIN, providing for the performance of certain
duties relating to the certification of tract maps and parcel maps of all subdivi-
sions proposed within the CITY, covering the period July 1, 1982 through June 30,
1983.
CONTRACT NO: 12332
.�.V�'CIi Utr'.Q iq-t1.G
COUNTY,CALIFORcrtil1 t�L 2 ( 1982.
ATTEST: ,_ J_U L 2 r 19
WILLIAM MEHRWEIN, CLERK OF ——
• _ B �} . OF,SUPERVISORS
BYZ.
,1
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