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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-036 Recording Requested By: / '� Wiedemann Ranch Geologic Hazard Abatement District 0/ c/o Gray-Bowen and Company,Inc. 1826 Bonanza Street,Suite 264 Walnut Creek,CA 94596 Return to: WHEN RECORDED,RETURN TO CLERK BOARD OF SUPERVISORS BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA as the BOARD OF DIRECTORS,WIEDEMANN RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT Adopted this Resolution on January 21,2003 by the following vote: AYES: SUPERVISORS GIOIA, UIU(EMA, GERBER, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO, 2003/-36— SUBJECT: APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute the Joint Exercise of Powers Agreement with the Wiedemann Ranch Geologic Hazard Abatement District, effective January 21,2003, San Ramon area. (District III)Project No. 7816-6X5511 The Board of Directors of the Wiedemann Ranch Geologic Hazard Abatement District, (District) RESOLVES that: The General Manager of the Wiedemann Ranch Geologic Hazard Abatement District has drafted and submitted a Joint Exercise of Powers Agreement for consideration,pursuant to the provisions of Government Code Sections 6500 et seq., by and between the Wiedemann Ranch Geologic Hazard Abatement District (GHAD) and the County of Contra Costa, which provides, among other things, that the Public Works Department shall serve as the County staff liaison with the GHAD staff, and providing for compensation of the County for time and expenses expended on GHAD matters by County personnel. The Agreement is modeled after similar JEPAs currently being utilized for the Blackhawk and Canyon Lakes GHADs, and has been approved by County Counsel. On January 21, 2003, by Resolution No. 2003/_36 , the Board of Directors of the Wiedemann Ranch GRAD approved the Agreement and authorized the Chair of the Board of Directors to execute the Agreement on behalf of the GRAD. IT IS BY THE BOARD OF SUPERVISORS RESOLVED that the Joint Exercise of Powers Agreement is hereby APPROVED and the Chair of the Board of Supervisors is hereby AUTHORIZED to execute said Agreement on behalf of the County. NC:sr I hereby certify that this is a true and correct copy of an G:\GrpData\SpDist\Board Orden\2063\61-21-63 BO-(W)JEPA Wiedernann.doc action taken and entered on the minutes of the Board of Originator: Public Works Department(Special Districts) Supervisor acting as the CHAD Board on the date Contact: Skip Ipperly,(313-2253) shown. cc: Assessor Auditor-Controller County Administrator ATTESTED: ,JANt1ARY 21, 2003 County Counsel JOHN SWEETEN,Clerk of the Wiedemann Ranch L.Bolden,Accounting CHAD Board of Directors and Board Administrator M.Morton,Eng.Svc. Clerical Hinder Gray�Bowen and Company,Inc. BY �-" Deputy IV Resolution.No,20031 36 JOINT EXERCISE OF POWERS AGREEMENT THIS AGREEMENT(hereinafter"Agreement')is entered into this 21s tda,�of4!auary2003 (the"Effective Date),by and between the WIEDENLkNN RANCH GEOLOGIC HAZARD ABATEMENT DISTRICT, a political subdivision of the State of California(hereinafter "CHAD'),and the COUNTY OF CONTRA COSTA, a political subdivision of the State of California(hereinafter"County'),pursuant to Sections 6500 et sect, of the Government Code of the State of California. GHAD and County are from time to time hereinafter referred to individually as a"party'and collectively as the"parties". RECITALS A. On May 21, 1985,pursuant to the provisions of Section 26550 of the Public Resources Code,the Board of Supervisors of Contra.Costa County{"Board') adopted Resolution No. 85/276 declaring the Board is subject to the provisions of Division 17(Sections 26550 et seq.)of said Code, and forwarded a copy of said Resolution of the State Controller. B. On September 1, 1998,the Board adopted Resolution No. 98/438 forming the Wiedemann Ranch Geologic hazard Abatement District CVHAV)and appointing itself to act as the Board of Directors of the CHAD("GHAD Board"). C. By CHAD Board of Directors Resolution No. 98/439, adopted September 1, 1998,the County Treasurer was appointed as the Treasurer of the GHAD and the Clerk of the Board of Supervisors was appointed as the Clerk of the CHAD, and the County Counsel was appointed as General Counsel of the GLAD. D. On April 11,2000,after holding a public hearing,the Board and the-GHAD Board adopted Resolution Nos. 2000/166 and 2000/167,respectively, conditionally approving the annexation,with an effective date of June 13,2000, or such later date as the GRAD Board held a public hearing on a proposed assessment on the annexed property,tabulated the assessment ballots and authorized the assessment. Page 1 of 7 f E. On June 13,2000,the Board and the GHAD Board adopted Resolution Nos. 2000/355 and 2000/356,respectively, correcting Resolutions Nos. 2000/167 and 2000/168 to clarify the real property that was annexed to the GRAD. F. Also on June 13, 2000,the GHAD Board held a public hearing on the proposed assessment,tabulated assessment ballots, and adopted Resolution No. 2000/357 authorizing the levy of the assessment. G. It is currently contemplated by the parties that during the existence of the CHAD, other county personnel,including but not limited to County personnel within the Public Works Department,will be expending time and expenses in connection with GHAD matters. H. In order to compensate the County for the time and expenses expended by the Public Works Department, County Treasurer, Clerk of the Board,County Counsel and other County personnel in connection with CHAD matters,the parties desire to effectuate this Agreement. NOW, 'THEREFORE,in consideration of the foregoing and the mutual covenants and obligations set forth herein,the parties hereby agree as follows: AGRFEMIEN'T 1. Cqmcrty Staff_`Liaison. The County Public Works Department shall serve as the Courcy staff liaison with the CHAD staff. 1n this capacity,the Public Works Department shall, among other things,do the following: a. At the request of the CHAD General Manager,facilitate the placement of CHAD matters on the public meeting agenda of the County Board of Supervisors;and b. Within ten(10)days after receipt from CHAD,review,and if satisfactory, approve all statements submitted by GHAD to the County Page 2 of 7 for payment of GHAD expenses,including GHAD staff salaries, and forward such statements to the County Auditor for payment of same. 2. General Manager. At the request of the Board of Directors of the CHAD, the Public Works Director will advise and assist the Board of Directors with the recruiting, retention and evaluation of the performance of the General Manager. `Mork under this task may include,but is not necessarily limited to,the review of proposed budgets, annual and/or quarterly reports that may be submitted by the GHAD Manager to the Board of Directors of the GHAD. 3. Technical Assistance. At the request of the General Manager and subject to Paragraph 9 (Indemnification),the Public Works Department may provide the District technical assistance on an as needed basis. 4. Payment for Time and Ex2enses. GHAD shall pay to County such amounts as are necessary to compensate County for all time and expenses expended on CHAD matters by the Public Works Department,the County Treasurer,the Clerk of the Board of Supervisors and/or any other county personnel during the term of this Agreement. Said time and expenses shall be accounted for and charged to GHAD at the same rate and in the same manner as County charges other agencies for similar services and expenses. Payment by GRAD to County shall be made no later than thirty (34)days after receipt from County of a statement specifying the amounts owned for said time and expenses. 5. Term. a. The initial term of this Agreement shall commence upon the Effective Date and shall expire upon the date that is one(1)year after the Effective Date(the "Initial Term'),unless the Initial Term is otherwise terminated pursuant to Section 6(a),or modified by mutual consent of the parties. Following the expiration of the Initial Term,the term of this Agreement shall be extended automatically from year to year thereafter(the"Extended Term"), unless the Extended Term is Page 3 of 7 terminated pursuant to Section 6(a)or 6(b), or modified by mutual consent of the parties. Following the expiration of the Initial or Extended Terms,this Agreement shall be terminated and of no fiuther force or effect;provided,however,that such termination shall not affect any right or duty arising on or before such expiration. 6. Deposit of Payments. Payments to be made by CHAD to County pursuant to Section 1 of this Agreement shall be deposited in such account or accounts as County may specify by written notice to CHAD. 7. Cooperation in the Even of Legal or Other Challenge. In the event of any legal or equitable action or other proceeding instituted by a third party or other governmental entity or official challenging the validity and/or implementation of any provision of this Agreement,the parties hereby agree to cooperate in defending said action or proceeding. 8. Default,• Remedies-, Termination, a. General Provisions. The failure of delay by either party to perform any term or provision of this Agreement for a period of thirty(30) days after written notice thereof from the other party shall constitute a default under this Agreement. Said notice shall specify the nature of the alleged default and the manner in which said default may be satisfactorily cured. After notice and expiration of such 30-day period without cure,the other party,at its option,may in addition to all other rights and remedies provided herein or under applicable law,terminate this Agreement by delivery of written notice of termination to the defaulting party, or institute legal action to cure,correct or remedy any default,enforce any covenant or agreement herein, enjoin any threatened or attempted violation or enforce by specific performance the obligations and rights of the parties hereto. Page 4 of 7 b. Tennination of Extended Term. The Extended Term of this Agreement may be terminated by either party without cause, effective July 1 of the next succeeding fiscal year,provided that such party gives written notice of such termination to the other party at least thirty (30)days prior to said date. 9. Indemnification. GHAL}shall indemnify and hold County,its officers, employees and servants harmless against expenses,including reasonable attorneys' fees,judgments, fines,settlements, and other amounts actually incurred in connection with any proceeding arising by reason of County's services rendered hereunder,except as a result of County's sole gross negligence or sole willful misconduct. 10. AMlicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. 11. General. a. If any term,provisions,covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid,void or unenforceable,the remaining provisions of this Agreement shall continue in full force and effect. b. Each party shall execute and deliver to the other all such further instruments and documents as may reasonably be necessary to carry out this Agreement in order to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder. 12. Notices. Any notice or communication required hereunder between Count and GHAD must be in writing, and may be given either personally or by registered or certified mail,return receipt requested. If given by registered or certified mail,the same shall be deemed to have been given and received on the first to occur of(i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or(ii)five (5)days after a registered or certified letter containing such notice, Page 5 of 7 properly addressed,with postage prepaid, is deposited in the United State mail. If personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed. Any party hereto may at any time,by given ten(10)days' written notice to the other party hereto,designate any other address in substitution of the address to which such notice of communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below: If to County: Clerk,Board of Supervisors 651 Pine Street Martinez, CA 94553 If to GRAD: Clerk,Wiedemann:Manch GHAD c/o Clerk,Board of Supervisors 651 Pine Street Martinez,CA 94553 And to. Gray-Bowen and Company,Inc. General Manager,Wiedemann ranch GHAD 1820 Bonanza Street, Suite 204 Walnut Creek, CA 94596 13. Countemarts. This Agreement may be executed in duplicate original counterparts,each of which shall be deemed to be an original, and all of which shall be deemed to constitute one and the same agreement. This Agreement consists ofseven 7Q)pages,which constitute the entire understanding and agreement of the parties. Page 6 of 7 IN WITNESS WHEREOF,GHAD and County have executed this Agreement as of the Effective Date. "COLTN'I'Y°' `°GHAD" COUNTY OF CONTRA COSTA WIEDEMANN RANCH GEOLOGIC a political subdivision of the State HAZARD ABATEMENT DISTRICT, a of California political subdivision of the State of California Chair,:Board of Supervisors Chair,Board of Directors APPROVED AS TO FORM: County Counsel Attest: JANUARY 21, 20Qtlerk of the Attest: January U, n3Clerk of the Board of Supervisors and County Wiedemann Ranch Geologic Hazard Administrator Abatement District By: Aw-4V4Q--- __ By: eputy ffeputy G-Medemmn Ranch\Adminietmfion\EPA with County.doc Page 7 of 7