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Home My WebLink AboutMINUTES - 07151986 - 1.64 ' ':.. ..tel............tea.._ .... 1 '�.J/' THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on July 15, 1986 , , by the following vote: AYES: Supervisors Fanden, Schroder, Toralakson and Powers NOES: None ABSENT: Supervisor McPeak ABSTAIN:None SUBJECT: Approving Joint Exercise of ) Powers Agreement with ) RESOLUTION NO. 86/ 408 Canyon Lakes Geologic Hazard ) (Govt . C . Sections 6500 Abatement District ) et seq. ) The Director of Public Works has recommended the approval of a Joint Exercise of Powers Agreement, pursuant to the provisions of Government Code Sections 6500 et seq. , by and between the Canyon Lakes Geologic Hazard Abatement District (GRAD) 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 GRAD matters by County personnel . The Agreement has been approved as to form by County Counsel . On July 15, 1986, by Resolution No. 86/ 405 , the Board of Directors .of the Canyon Lakes GRAD approved the Agreement and authorized the Chair of the Board of Directors to execute the Agreement on behalf of the GHAD. IT IS BY THE BOARD OF SUPERVISORS ORDERED 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. I hereby cert!fy that this Is a true and correct copy of an action taker, end'entercd on the minutes of the Board of Supervisors on the date shown. ATTESTED: ('- PH!L BATC-i LOR 1cvk of the Board of Supervisola and County Administrator By Deputy cc: Public Works County Counsel Auditor McCutchen 1 JOINT EXERCISE OF POWERS AGREEMENT THIS AGREEMENT (hereinafter 'Agreement' ) is entered into this /S tk day of �,�,� , 1986 (the "Effective Date' ) , by and between CANYON LAKES GEOLOGIC HAZARD ABATEMENT DISTRICT, a political subdivision of the State of California (hereinafter 'GRAD' ) , and the C013NTY OF CONTRA COSTA, a political subdivision of the State of California (hereinafter 'County' ) , pursuant to Sections 6500 et seq. 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. By Board of Supervisors Resolution No. 85/289 , adopted June 4 , 1985, GHAD was formed to provide geologic / hazard abatement services within the geographic area known as-' Canyon Lakes . B. By GHAD Board of Directors Resolution No. 86/iLoi, adopted 4 1986, the County Treasurer was appointed as the fi st Treasurer of the GHAD and the Clerk of the Board of Supervisors was appointed as the first Clerk of the GHAD, and the Chair of the GHAD Board of Directors was authorized to execute this Agreement. C. It is currently contemplated by the parties that during the existence of the GRAD, other county personnel , including but not limited to County personnel within the Public Works Department, will be expending time and expenses in connection with GRAD matters . D. In order to compensate the County for the time and expenses expended by the County Treasurer , Clerk of the Board and other County personnel. in connection with GHAD 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: AGREEMENT 1 . County Staff Liaison. The County Public Works Department shall serve as the County staff liaison with the GHAD staff. In this capacity, the Public Works Department shall , among other things , do the following: (a) At the request of the GHAD General Manager, facilitate the placement of GHAD matters on the public meeting agenda of the County Board of Supervisors; and 2 (b) Within ten (10) days after receipt from GRAD, review and, if satisfactory, approve all statements submitted by GHAD to the County for payment of GHAD expenses, including GHAD staff salaries, and forward such statments to the County Auditor for payment of same . 2 . Payment for Time and Expenses . GHAD shall pay to County such amounts as are necessary to compensate County for all time and expenses expended on GHAD matters by 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 GHAD to County shall be made no later than thirty (30 ) days after receipt from County of a statement specifying the amounts owed for said time and expenses. 3 . 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 3 year to year thereafter (the •Extended Term' ) , unless the Extended. Term is 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 further force or effect; provided, however , that such termination shall not affect any right or duty arising on or before such expiration. 4 . Deposit of Payments . Payments to be made by GHAD to County pursuant to Section l of this Agreement shall be deposited in such account or accounts as County may specifiy by written notice to GRAD. 5 . Cooperation in the Event 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. 6. Default; Remedies; Termination. (a) General Provisions . The failure or 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 4 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. (b ) Termination -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. 7 . Indemnification. GHAD shall indemnify and hold County, its officers, employees and servants harmless against expenses , including reasonable attorneys ' fees , judgments, fines, settlements, and other amounts actually and reasonably incurred in connection with any proceeding arising by reason of County's services rendered hereunder, except as a result .solely of County's gross negligence or willful misconduct. 5 8. Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. 9. General . (a ) If any term, provision, 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 . 10 . Notices . Any notice or communication required hereunder between County 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, properly addressed, with postage prepaid, is deposited in the United States mail . If personally 6 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 or 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 GHAD: Clerk , Canyon Lakes GHAD c/o Clerk , Board of Supervisors 651 Pine Street Martinez , CA 945.53 And to: Richard A. Nystrom General Manager , Canyon Lakes GHAD c/o Nystrom Engineering 700 Ygnacio Valley Road, Suite 320 Walnut Creek, CA 94596 11 . Counterparts . 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 of eight (8 ) pages which constitute the entire understanding and agreement of the parties. 7 IN WITNESS WHEREOF, GHAD and County have executed this Agreement as of the Effective Date. "COUNTY" 'GRAD" COUNTY OF CONTRA COSTA CANYON LAKES GEOLOGIC HAZARD a political subdivision ABATEMENT DISTRICT, a political of the State of California subdivision of the State of California By: By. X 7, Chair , Board of Supervisors Cha , Board of Directors APPROVED AS TO FORM: Victor J. Westman County Counsel By: �— Attest: PHIL BATCHELOR, Clerk Attest: PHIL BATCHELOR, Clerk of the Board of Supervisors of the Canyon Lakes Geologic and County Administrator Hazard Abatement District By: By: (�( Depilty De&ty 8