HomeMy WebLinkAboutMINUTES - 02262008 - C.80 TO: BOARD OF SUPERVISORS -- = = I• CONTRA
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COSTA
FROM: John Cullen, County Administrator
COUNTY
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DATE: February 26, 2008 rA,cour�t`t
SUBJECT: MAINTENANCE AGREEMENT FOR WEST COUNTY ANIMAL SHELTER.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
APPROVE and AUTHORIZE the County Administrator, or designee, to execute a Maintenance Agreement
with the Redevelopment Agency of the City. of Pinole (Agency) for the period from September 1, 2007 through
December 31, 2012 for maintenance of the grounds of West County Animal Shelter at 910 San Pablo Ave.,
Pinole.
FISCAL IMPACT:'
The County will pay an initial annualized rate of$3,900 for maintenance services under this agreement.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
In 2002, the County and the Agency entered into a Joint Exercise of Powers Agreement (.IPA) for the West
County Animal Shelter Project. The JPA calls for the parties to negotiate an agreement concerning the
maintenance of site improvements for the West County Animal Shelter. This Maintenance Agreement satisfies
that provision of the JPA.
CONTINUED ON ATTACHMENT: AYES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMME TION OF BOARD COMMIT E
vAPPROVE OTHER
SIGNATURE(S): i
a,—-
ACTION OF B ARD ON 12 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS(ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED
ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF
SUPE VISORS ON THE DATE SHOWN. n�
Contact: Jason Crapo,CAO
ATTESTED
cc: CAO,Senior Deputy-Municipal Services JOHN CULLEN,CLE F
General Services THE BOARD OF SUPERVISORS
Auditor-Controller AND CO NTY ADMINISTRATOR
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5. The term of this agreement shall be five (5) years. commencing and ending
December 31, and shall be automatically renewed for subsequent five year
terms upon the agreement of both Parties.
6. Prior to the final execution of this Agreement, AGENCY shall provide
COUNTY with a written estimate of the projected Common Site
Improvement Expenses (" Common Site Improvement Costs"), which shall
consist of: all reasonable costs and expenses directly relating to the
maintenance, repair, operation and management of the Premises, including
any management fee paid by AGENCY to a third-party operator, and all
rental charges for equipment and cost of small tools and supplies; all
acquisition costs of maintenance equipment, which costs, if in excess of Five
Hundred Dollars ($500) for any single item of maintenance equipment, must
have been previously approved in writing by the Parties; policing, security
protection; all cost of cleaning and removal of rubbish, dirt and debris from
the Premises including dumpsters and refuse areas; the cost of landscape
maintenance and supplies for maintenance of the Premises; all charges for
utility services (including gas, electricity, including electricity for parking lot
area, and telephone service) utilized in connection with maintenance of the
Premises together with all costs of maintaining free standing lighting
standards, including parking lot lights; all premiums for public liability and
property damage insurance and monument signage for the Site (the
"Projected Expenses") in accordance with the specifications contained in
Exhibit B for the remainder of the initial calendar year. COUNTY shall pay
AGENCY the amount of the Projected Expenses within thirty (30) days after
execution of this Agreement.
The COUNTY'S Common Site Improvement cost for the remainder of the
initial year 2007, beginning September 1, 2007 and ending December 31,
2007 is $1300 Exhibit C.
7. Thereafter by November 1 of each year. AGENCY shall provide COUNTY
with a written itemization of Projected Expenses in accordance with the
specifications contained in Exhibit "B" for the ensuing year (January 1-
December 31). If there is an increase of twenty percent (20%) in any specific
item (s) or for the total Projected Expenses, COUNTY may request that
AGENCY provide supporting backup documentation and may request that
AGENCY obtain a minimum of two (2) bids for the item (s).
8. Within ninety.(90) days after the end of each calendar year. AGENCY shall
provide COUNTY with a written accounting of the actual Common Site
Improvement Costs ("Actual Expenses").for the preceding year. If the
Projected Expenses paid by COUNTY is more than the Actual Expenses,
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AGENCY shall issue reimbursement to the COUNTY the amount of the
overage within(30) days. If the Projected Expenses are less than the Actual
Expenses, COUNTY shall pay AGENCY the difference within thirty (30)
days.
9. Within two (2) years after receipt of the Actual Expenses Statement.
COUNTY may at its own expense, and upon ninety (90) days advance
written notice to AGENCY, conduct an audit of AGENCY'S records to
detennine accuracy of AGENCY'S statement. Audit shall be conducted by
an independent auditor in accordance with generally accepted principles at
AGENCY'S place of business.
10. During the term of this Agreement and all extensions, AGENCY shall
maintain, or, if a third-party is maintaining the Premises shall cause third-
party to maintain, general liability insurance, or equivalent self-insurance in
an amount not less than ONE MILLION AND NO/100 DOLLARS
($1,000,000) combined single limit for all claims or losses due to bodily
injury, sickness or disease or death to any person, or damage to property,
including the.loss of use thereof arising out of each accident or occurrence,
and to name the COUNTY, its officers, agents and employees shall be named
as additional insured thereunder. Said coverage shall provide for a thirty (30)
day written notice to COUNTY of cancellation or lapse.
11. AGENCY shall defend, hold harmless and indemnify COUNTY, its officers,
agents, employees against any and all claims; demands, damages, costs,
expenses or liability costs related to this Agreement except for liability
arising out of the sole negligence of the COUNTY, its officers, agents and
employees.
12. AGENCY shall have the right to assign this Agreement only to the City of
Pinole during the.term and any renewal.
SIGNATURES ON FOLLOWING PAGE
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IN WITNESS WHEREOF, the Parties hereto execute this Agreement on the date
first above mentioned.
COUNTY AGENCY
COUNTY OF CONTRA COSTA, PINOLE REDEVELOPMENT AGENCY,
a political subdivision of the State a public body, corporate and politic
of California
By By
Its: Its:
APPROVED AS TO FORM: APPROVED AS TO FORM:
SILVANO MARCH:ESI,
COUNTY COUNSEL. AGENCY COUNSEL
DEPUTY
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EMECUTIO1° COPY
EXHIBIT A
Legal Description of Premises
Description:
The land referred to herein is situated in the State of California, County of Contra Costa, City
of Pinole,and is described as follows:
PARCEL l:
A PORTION OF PARCEL L OF SUBDIVISION M. S. 654-00, FILED DECEMBER 31, 2001 IN
BOOK 183, OF PARCEL MAPS, PAGES 1 THROUGH 3, AND BY THAT CERTAIN
"CERTIFICATE OF CORRECTION",RECORDED JULY 1, 2002, INSTRUMENT INTO. 2002-
229624, IN THE OFFICE OF THE RECORDER OF CONTRA COSTA-COUNTY, DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 1 OF SUBDIVISION M. S. 654-
00,ABOVE REFERRED TO, SAID POINT BEING ON THE NORTHERLY LINE OF SAN
PABLO AVENUE, SAID POINT BEING ON A CURVE CONCAVE TO THE SOUTH FROM
WHICH A RADIAL BEARS SOUTH 19'4 FS3" WEST HAVING A RADIUS OF 1050.00 FEET;
THENCE ALONG SAID ARC A DISTANCE OF 25.00 FEET,THROUGH A CENTRAL ANGLE
OF O1'21' 51 ", TO THE"TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG
SAID ARC A DISTANCE OF 56.27 FEET, THROUGH A CENTRAL ANGLE OF 03'04' 13
THENCE SOUTH 65'52' 02" EAST 136.87 FEET TO A TANGENT CURVE TO THE LEFT
HAVING A RADIUS OF 22 FEET; THENCE ALONG THE ARC OF SAID CURVE A
DISTANCE OF 44.83 FEET,THROUGH A CENTRAL.ANGLE OF 116" 45' 19"; TO THE EAST
LINE OF SUNNYVIEW DRIVE, AS SHOWN ON SAID MAP OF SUBDIVISION M. S. 654-00,
ABOVE REFERRED TO;THENCE ALONG SAID EAST LINE OF SUNNYVIEW DRIVE
NORTH 02" 37'2 1" WEST 114.51) FEET TO THE NORTHEAST CORNER OF SAID PARCEL 1
OF SUBDIVISION M. S. 65400,ABOVE REFERRED TO; THENCE ALONG THE NORTHERN
LINE OF SAID PARCEL 1 THE FOLLOWING COURSES AND DISTANCES NORTH 79' 18'
11" WEST 63.35 FEET,THENCE, SOUTH 10" 41.'49" WEST 20.16 FEET AND NORTH 79" 18'
1 l" WEST 42.92.FEET; THENCE LEAVING SAID NORTH LINE OF SAID.PARCEL 1. SOUTH
10" 41'49" WEST 46.92 FEET; THENCE NORTH 79" 18' 11" WEST 64.86 FEET TO A
TANGENT CURVE TO THE LEFT HAVING A. RADIUS OF 15.00 FEET; THENCE ALONG
THE ARC OF SAID CURVE 21.21 FEET,THROUGI.-1.A CENTRAL ANGLE OF 80" 59' 55";
THENCE SOUTH 15.02 FEET TO THE TRUE POINT OF BEGINNING.
BEING AREA 1,AS SAID AREA IS SHOWN OF THAT CERTAIN CERTIFICATE OF
COMPLIANCE AND LOT LINE ADJUSTMENT RECORDED JULY 1,2002 AT INSTRUMENT
NO. 2002-229626, IN THE OFFICE OF THE RECORDER OF CONTRA COSTA COUNTY.
EXCEPTING THEREFROM THE DEVELOPMENT RIGHTS CONVEYED TO THE CITY OF
PINOLE BY THAT CERTAIN QUITCLAIM DEED RECORDED MAY 3, 2002 AT
INSTRUMENT NO. 2002-157194-00, CONTRA COSTA COUNTY RECORDS.
A.P.NO. 402-240-017(PORTION)
RESERVING THEREFROM AN EASEMENT FOR PUBLIC UTILITIES, OVER,UNDER,
ALONG AND ACROSS THAT PORTION DESIGNATED "P.U..E." ON SAID SUBDIVISION
M.S. 654-00,ABOVE REFERRED TO. SAID EASEMENT 1S FOR THE BENEFIT OF AN
APPURTENANT TO THE REMAINDER OF SUBDIVISION 654-00,ABOVE REFERRED TO.
PARCEL 2:
A NON-EXCLUSIVE EASEMENT FOR.INGRESS, EGRESS,AND PUBLIC UTILITIES OVER,
UNDER., ALONG AND ACROSS THE REMAINING LANDS OF THE REDEVELOPMENT
AGENCY OF THE CITY OF PrNTOLE, ITS SUCCESSORS AND ASSIGNS LYING WITHIN
SUBDIVISION M.S. 654-00 DESIGNATED "P.U.E." AND "PAE." ON SAID SUBDIVISION.
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EXHIBIT B
LANDSCAPING & MAINTENANCE STANDARDS
Premises shall be serviced in accordance with the following schedule and scope of work:
The Agency (or a third-party appointed by the Agency) shall: maintain all
facilities and equipment within the Premises in good repair and operating
condition at all times; replace, repaint; re-grout and repair damaged,
vandalized or inoperable components of any facilities or equipment within the
Premises. Facilities include, but are not limited to, all surface areas, raised
concrete planters, wooden benches, planting areas and plant materials (ground
cover, shrubs and trees), irrigation system, electrical system including light
fixtures (walk lights and planter lights), drains, wrought iron fixtures; bollards,
trash/refuse containers. The Agency shall wash and/or steam clean as
necessary to remove grit, grime, grease, gum or other materials not removed
from ordinary sweeping and washing; maintain all planting areas in a neat,
litter-free, weed-free and healthy growing environment at all times; water,
weed. replant; fertilize and conduct any other activities necessary to maintain
plant health and vigor, including treatment for fungus, diseases, insect pests
and rodents; water landscaped areas in a manner to avoid erosion, excessive
run-off, ponding, or water-logging of soil and as necessary to ensure complete
coverage of planted areas; cultivate planted areas as necessary to keep them
free of weeds; repair or replace trees, shrubs, ground cover etc. damaged by
vandalism, insects, storms etc. as necessary; utilize the services of qualified,
trained personnel to spray for insect and disease control., using recognized and
approved insecticides and fungicides; utilize the services of qualified
professional personnel to prune all slti-ubs and trees, using recognized and
approved methods and.techniques; fertilize as necessary to maintain healthy
plant appearance and growth; monitor for rodent, snail and other pest activity.
Set bait and traps as necessary; replace sprinkler heads, repair irrigation
breaks, set timing (irrigation); maintain exterior amenities in good working
condition, re-condition and repaint as needed.
The County shall: maintain paved areas by sweeping, weeding, washing,
removing litter and hazards; remove litter, trash, debris, hazards from paved
areas, including pedestrian walk-ways, driveway and parking areas; maintain
area around trash enclosures; maintain planter. boxes.
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EXHIBIT C
2007 MAINTENANCE EXPENSES
September 2007 $325.00
October 2007 325.00
November 2007 325.00
December 2007 325.00
Total due for 2007 l 300.00
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