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Home My WebLink AboutMINUTES - 10051993 - 1.7 TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: OCTOBER 5, 1993 SUBJECT: AGREEMENT TO PROVIDE SERVICES TO THE TOWN OF DANVILLE - DANVILLE AREA Project No.: Task: ACQ Account: 3540 SPECIFIC REOUEST(S) OR RECOMMENDATION(S) &,BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE agreement to provide right of way services to the Town of Danville and AUTHORIZE Board Chair to sign said agreement on behalf of the County. II. Financial Impact: Town of Danville will pay actual costs for Real Property staff right of way services. II{. Reasons for Recommendations and Background: The Town of Danville requires a variety of right of way services from time-to-time but has no right of way staff and desires to contract with the County for such services. IV. Consequences of Negative Action: Less efficient government because the Town of Danville would have to hire additional private contractors at greater expense. Continued on Attachment: SIGNATURE: "a?�� _ RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON OC 5 1993 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS f/ UNANIMOUS (ABSENT AYES: NOES: ABSENT: ABSTAIN: 1 hereby certify that this is a We and correct copy A i DD:glo an action taken and entered on the minutes of the c:B05b.tl O Board of Supervisors on the date shown. ATTESTED: rT 5 1202 Orig. Div: Public Works R/P PHIL BATrkCHELOR,Cleof the Board g ( ) of Supervisors andCo my Administrator C-gntact: Donna Dawkins (313-2224) cc: County Administrator By ,Deputy i Auditor-Controller (via R/P) P. W. Accounting Recorder (via R/P) r ' AGREEMENT 1. Effective Date and Parties. Effective on July 13, 1993, the COUNTY OF CONTRA COSTA, a political subdivision of the State of California (hereinafter referred to as"County"),and the TOWN OF DANVILLE, a municipal corporation (hereinafter referred to as "City"), hereby mutually promise and agree as follows: 2. Purpose. The City requires a variety of right of way and real property services from time-to-time. The City has no right of way staff and desires to contract with the County for these services. 3. Services by County. The services to be rendered by County to City may include appraisal, appraisal review, negotiation, land rights document preparation, right of way acquisition, relocation, and/or supervision of independent contractors providing such services. County reserves the right to decline to provide services requested by City on a project by project basis. 4. Payment for Services. City agrees to reimburse County for all labor costs and appropriate overhead for County Real Property Agents labor Including overtime rates for evening or weekend work (See Appendix "A" for pay rates). City shall pay all acquisition settlement and any other costs of acquisition such as title fees, recording fees, etc. Such payments shall be made within 30 days of billing by County. 5. Indemnification. City agrees to defend, indemnify, save and hold harmless, County, its officers, agents and employees, from and against any and all loss, damage, liability, expense, claims, suits or demands of whatever character, arising directly or indirectly out of or connected with the services performed by County under this agreement or assuming and acting as right-of-way agent for or on behalf of City, provided, however, that City shall not be obligated to defend or indemnify County from injuries or damages to person or property caused by the negligent acts or willful misconduct of County, its officers, agents or employees. 6. Independent Status. Nothing herein shall be construed to imply that any County employee providing services hereunder is a City employee. 7. Term. The term of this agreement shall commence on the effective date hereof and shall end five (5) years from said effective date or upon termination by either pai y upon 30 days written notice, whichever occurs first. The rights and obligations of Paragraph 5"Inl'emnification"shall survive any such termination. COUNTY OF CONTRA COSTA TOWN OF DANVILLE By B Chair, Board of Supervisors t Mayor ATTEST: Phil Batchelor, ATTEST: City Clerk Clerk of the Board of Supervisors and County Administrator By De By c�r�t�c�k 4-, !?x&, i-k- P�/ Recommended to the County Recommended to the City Board of Supervisors for Approval: Council for Approval: By L_ rincipal eal Prop nt City E ine Public s Direot6r Approved as to Form: Approved as Victor J wastman, Countt Counsel City Attor y i By _ By. Deputy Mglo c:AQ17M.6 i APPENDIX OX Reg. OT Principal Real Property Agent 97.23 102.24 Supervising Real Property Agent 87.64 91.67 Senior Real Propety Agent 77.92 81.00 Associate Real Property Agent 75.01 77.80 Assistant Real Property Agent 59.68 60.97 Senior Real Property Technical Assistant 52.07 52.61 Real Property Technical Assistant 46.66 46.66 Note: Rates will change periodically due to contracted salary increases and increases in overhead charges. na.ne (rev.5/25/93) I i - RESOLUTION NO. 92-93 APPROVING AN AGREEMENT WITH CONTRA COSTA COUNTY FOR RIGHT-OF-WAY AND REAL PROPERTY SERVICES WHEREAS, the County of Contra Costa has specialized staff trained to provide right-of-way and real property services; and WHEREAS,the Town of Danville has need for specialized right-of-way and real property services in conjunction with Capital Improvement Projects and property acquisitions; and WHEREAS, the Town of Danville has contracted with Contra Costa County to provide these services in a manner beneficial to the Town over the past five years; and WHEREAS, the Town of Danville wishes to continue to be provided with said services on an as needed basis; and WHEREAS, the past five year agreement with the County has now lapsed; now, therefore, be it RESOLVED, by the Town Council of the Town of Danville that a new agreement be entered into by the Town of Danville with Contra Costa County providing the Town with right-of-way and real property services on a time and material basis (to be adjusted periodically due to cost increases) for a period of five years; and, be it FURTHER RESOLVED, that the Town Manager be and hereby is authorized and directed to execute, on behalf of the Town, an agreement with Contra Costa County for right-of-way and real property services in the form as lodged with the City Clerk, together with such changes as may hereafter become necessary, provided such changes do not materially reduce the Town's rights or increase the Town's obligation thereunder. APPROVED by the Danville Town Council at a Special Meeting on August 24, 1993, by the following vote: AYES: SHIMANSRY, RITCHEY, DOYLE, GREENBERG, LANE NOES: NONE ABSTAINED: NONE ABSENT: NONE n MAYOR APPROVED AS TO FORM: ATTEST: TY A CITY CLERK