HomeMy WebLinkAboutMINUTES - 02011994 - 2.4 TO: BOARD OF SUPERVISORS
FROM: VAL ALEXEEFF, DIRECTOR
GROWTH MANAGEMENT AND ECONOMIC DEVELOPMENT
AGENCY
DATE: February 1, 1994
SUBJECT: USE OF THE SOUTHERN PACIFIC RIGHT-OF-WAY
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Approve and execute an Agreement between Contra Costa and Alameda Counties to jointly
develop a Request for Proposals, and a plan to advertise for bids and to determine the
circumstances for awarding non-exclusive licenses to install, operate and maintain a
telecommunications system.in the former Southern Pacific Right-Of-Way.
FINANCIAL IMPACT:
There will be no fiscal impact on the General Fund. The cost of the development of the
Request for Proposals,;will be shared proportionately by both Counties. The Contra Costa
portion of the Right-Of-Way includes a section owned and controlled by the Redevelopment
Agency. Costs will be paid from the Southern Pacific Right-Of-Way Trust Fund and by the
Redevelopment Agency.
BACKGROUND/REASONS FOR RECOMMENDATION:
On December 14, 1993, the Board of Supervisors directed the Growth Management and
Economic Development Agency Director to work with Alameda County staff toward the
development of an agreement to jointly offer the former Southern Pacific Right-Of-Way for
non-exclusive telecommunications licensing. That agreement has been drafted and is
attached hereto.
CONTINUED ON ATTACHMENT- _YES SIGNATURE
The. Board APPROVED the above recommendations, and. REQUESTED the Director, GMEDA,
to address other-corridors throughout the County and bring back to the Board a
report and recommendations.
ACTION OF BOARD ON o. u APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
UNANIMOUS(ABSENT ) ENTERED ON THE MI[=..S OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
AYES: NOES:
MITESTED
ABSENT- ABSTAIN:
PHIL BATCHEI..OR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY ,DEPUTY
ED:nrl
alameda.bo
Original Dept.:GMEDA
Contact: Eileen Doten(646-1608)
CC: County Administrator
Public Works Department
Redevelopment Agency
AGREEMENT BETWEEN
CONTRA COSTA COUNTY AND ALAMEDA COUNTY
REGARDING LICENSING FOR TELECOMMUNICATIONS USE
OF THE FORMER SOUTHERN PACIFIC RAILROAD CORRIDOR
Effective February 1 , 1994, this agreement is entered into, by and between �.)J
Contra Costa County, a political subdivision of the State of California, and
Alameda County, a political subdivision. of the State of California.
1. PROJECT: The object of this agreement is to develop the following:
a. The feasibility of issuing licenses for telecommunications use of the
former Southern Pacific Railroad corridor, or its extensions, that would
provide an uninterrupted system in Contra Costa and Alameda Counties.
b. Contingent upon subsection (a) above, to develop a Request for Proposals
and a plan regarding advertising for bids and how and under what
circumstances to award non-exclusive licenses to install , operate and
maintain a fiber optic conduit system referenced above. .
c. Details and options as to how best to explore the feasibility,
development, and licensing of a fiber optic system will be jointly
developed by Alameda and Contra Costa Counties.
d. A plan for revenue sharing from actual development of the described
contemplated telecommunications system.
2. FUNDING COMMITMENTS: Contra Costa County has previously hired a consultant
to perform a market analysis . The market .analysis indicates that the
potential revenue from telecommunications use of the corridor will be
greater if done in partnership with Alameda County. The costs incurred in
regards to the original report done for Contra Costa County shall be the
obligation of Contra Costa County. Regarding future expenses, Alameda
County and Contra Costa County agree as follows:
a. Future consultant expenses and costs of developing an RFP shall be
shared. The respective shares shall be allocated to each according to
the mileage of any.proposed system in each County.
b. The estimated consultant cost of the Project is $50,000. Payment of each
County' s portion of consultant expenses shall be made promptly upon
notification of the amount due.
3. IMPLEMENTATION SCHEDULE: Both Counties agree that time is of the essence
and plan to advertise the licensing opportunity before July 1, 1994.
4. ADMINISTRATION OF THE PROJECT:
a. There will not be a joint powers agency formed to administer this
Project.
b. Both Counties agree that they will act on all items pertaining to the
Project in an expeditious manner.
5. HOLD HARMLESS AND LIABILITY:
a. Each party to this agreement shall defend, hold harmless and indemnify
the other party, its officers and employees against any and all claims,
demands, damages , costs, expenses or liability arising out of, or in
connection with, any work performed under this agreement and caused, or
claimed or alleged to be caused, by the negligence or willful misconduct
of the indemnitor, its officers or employees.
b. The provisions of this section are not intended to and shall not limit
the indemnification or insurance provided by any consultant(s).
c. Nothing in this agreement is intended, or shall be construed to affect
the legal liability of any party to third parties by imposing a standard
of care different from. that imposed by law.
d. The provisions of this Section 5 shall survive the termination of this
agreement.
6. TERMINATION: Unless terminated earlier with the written consent of both
parties, this agreement shall terminate upon the payment by both parties of
the expenses to be shared pursuant to Section 2, or upon 30 days' notice to
either party.
7. AMENDMENT: This agreement may be amended, from time to time, with the
written consent of both parties.
CONTRA COSTA COUNTY, ALAMEDA COUNTY,
a political subdivision of the a political subdivision of the
State of California, ate of California,
B ��
y � '`�'y
Tom Po ers, Chair Edward R. Campbell , Ch it
Board of Supervisors Board of Supervisors
ATTEST: ATTEST:
Phil Batchelor, Clerk of the Board William Mehrwein,
of Supervisors and Clerk, Board of Supervisors
County Administrator
By By
Deput Deputy
Recommended for Approval : Recommended for Approval:
By By
J: Michae fo Donald J. La 9 a T le
Public Works Direct Director of Public Works
Approved as to form: Approved as to form:
Victor J. Westman, County Counsel Kelvin H. Booty, Jr. , Cou ty Counsel
ByJAIi 4. BY
Deputy
A94916
I hereby certify under penalty of perjury. that the President 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 FEB 11994 ;
and that a copy has been delivered to the President as provided by Governement
Code Section 251.03.
Dated: FEB 11994
WILLIAM MEHRWEIN, CLERK, BOARD OF SUPERVISORS
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County of Alameda, State of California
By QLiu &'Ixuty-�
Deputy
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