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HomeMy WebLinkAboutMINUTES - 06272000 - C45-C49 TO: BOARD OF SUPERVISORS 1. , . Contra . Costa FROM: Dennis M. Barry, AICD County Community Development Director ,. ,., DATE: June 27, 2000 SUBJECT: Execution of Required Legal Documents for the Camara Circle project in Concord SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS AUTHORIZE the Deputy Director, Redevelopment or his designee to (1) enter into HOME Investment Partnerships Program(HOME)Project Agreement 00-02 with Resources for Community Development to provide$850,000 in HOME funds for the Camara Circle project in Concord, and(2) execute the required legal documents for this purpose. The legal documents include, but may not be limited to a regulatory agreement and loan agreement. FISCAL IMPACT No General Fund impact. Funds for this project will come from FY 2000101 HOME funds. HOME funds are provided to the County on a formula allocation basis, through the U.S. Department of Housing and Urban Development (HUD). CONTINUED ON ATTACHMENT: X YES SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR MEND ION OF BOARD CITTEE — PPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON o e 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 ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Kara Douglas, 335-1253 ATTESTED u n -2-?, Qoeo Orig: Community Development PHIL,BATCHELOR, CLERK cc: County Administrator OF THE BOARD OF SUPERVISORS County Counsel AND COUNTY ADMINISTRATOR Auditor-Controller BY, -n. Yy--)Gz4_ cam. , DEPUTY BACKGROUND/REASONS FOR RECOMMENDATIONS On April 25, 2000, the Board of Supervisors approved the allocation of$850,000 in FY 2000/2001 HOME funds to Resources for Community Development(RCD) for the Camara Circle Initiative project in Concord. The purpose of the Camara Circle Initiative project is to maintain the supply of multifamily rental housing affordable to and occupied by lower income households in Concord and Central County and to assist the City in revitalizing the Monument Boulevard corridor. RCD proposes to acquire and rehabilitate a minimum of nine four-plea buildings to provide 36 units of affordable housing. Three units will be affordable to and occupied by households with incomes at or below 30 percent of the area median income (AMI); 4 units will be reserved for households with incomes at/below 40 percent AMI; 25 units will be reserved for households with incomes at/below 50 percent AMI; 3 units will be reserved for households with incomes at/below 60 percent of AMI; and 1 unit will be reserved for an on-site manager. If RCD is successful in securing tax-exempt bond financing with four percent low-income housing tax credits', RCD will purchase two eight-plex buildings providing an additional 16 units for households with incomes atibelow 50 percent AMI. Funds are to be provided in the form of a loan with a 55-year term, 3 percent simple interest, and will be repaid out of residual receipts. Additional funds for this project will be provided by the Redevelopment Agency of the City of Concord(RDA). The County and the City shall be in co-equal lien positions, subordinate to the bond debt. The County will enter into legal documents with RCD when the following contingencies have been met: RCD has secured all additional financing required for project completion, the acquisition price is supported by an appraisal for each building, and a detailed property inspection and construction estimate indicating rehabilitation can be completed within the proposed budget have been provided to the County. The total cost of this project is $5,022,014(36 units). The proposed development budget and sources of funds for this project are: Source Amount FY 2000 HOME funds $850,000 Concord Redevelopment Agency 2,333,000 Bond/tax credit 1,839,014 TOTAL $5,022,014 The total project cost will be $6,740,573 if the project includes 52 units. No additional County funds will be required. 1 In the event RCD is not successful in securing four percent LIHTC and tax-exempt bond financing,RCD will obtain a private lender loan to complete the financing of this project. KD WAkdougtas\New\Board Orders\2000\Camara.doc TO: BOARD OF SUPERVISORS on}�- L FROM: Edward P. Meyer, Agricultural Commissioner ,�' ,� osta Director of Weights & Measures �' s DATE: r' June 27, 2000 County SUBJECT State Contract - Fiscal Year April 31 2000 - June 30, 2002 SPECIFIC REOUEST(S)OR RECOMMENDATION(S)6 BACKGROUND AND JUSTIFICATION RECObMNDATION Authorize the Agricultural Commissioner to sign a Standard Agreement with the California Department of Parks and Recreation. Work performed under this agreement shall not exceed $20, 000 . BACKGROUND This contract provides for materials, equipment, and services necessary for control of artichoke thistle (Cynara cardunculus) within Mount Diablo State Park. CONTINUED ON ATTACHMENT: Yy SIGNATURE: io<RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _APPROVE OTHER SIGNATURES: ACTION OF BOAR O --jjGL t1 �` �Y � APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS / I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT y` - ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED + -2002 Contact: V. Guise, 6-5250 PHIL BATCHELOR,CLERK OF THE BOARD OF cc: Administrator SUPERVISORS AND COUNTY ADMINISTRATOR BY r ' '• 1 �' tL t't'�'�'°" ,DEPUTY TO: BOARD OF SUPERVISORS ; `, CONTRA YVf- FROM: COSTA PHIL BATCHELOR, COUNTY ADMINISTRATOR COUNTY DATE: JUNE 27, 2000 s SUBJECT: AGREEMENT WITH THE CITY OF OAKLEY FOR PROVISION OF SERVICES FOR FISCAL, YEAR 2000-2001 AND REIMBURSEMENT PLAN FOR COUNTY SERVICES RENDERED IN 1999-2000 SPeCIFIC REQUE ST{8I OR R-COMMBNDATIC"S)a MKOROUND AND JUSWICAnON Recommendation: APPROVE and AUTHORIZE the Chair of the Board of Supervisors to sign an agreement with the City of Oakley for the provision of Services during fiscal year 2000-2001 and for a reimbursement pian for County services rendered in 1999-2000. Background: Over the last 12 months, county staff has been negotiating with Oakley City staff on the provision of county staff services to the City during the next fiscal year. The 44 page agreement covers services to be provided by five departments: Public Works, General Services, Community Development, Building Inspection, and Treasurer-Tax Collector. Separate agreements are currently being negotiated by the Sheriff, Animal Services, and the Office of Revenue Collection. The agreement also includes a five year payback agreement for the City to reimburse the County with interest. The agreement is consistent with the conditions issued by LAFCO last year. Adjustments to the total payment due the County were made involving sales tax and ERAF revenues, because the State omitted paying the city sales tax for the July-September quarter and excluded Oakley from the list of cities for ERAF relief. CONTINUED ON ATTACHMENT: 'fEs SIGNATURE: / COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF I30AA.RD COMMITTEE G.A> +ROVt: OTHER SIONATURMIS: ACTION OF al a cid 6 APPROVED AS RECOMMENDED ' OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE ' UNANIMOUS(ABSENT I AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE,DATE SHOWN. Contact: cc: Gay of Oakley ATTESTED Ju.M e -Al 20t3 C) County Counsel PHIL BATCHELOR,CLERK OF THE BOARD OF County Adminisitator SUPERVISORS AND COUNTY ADMINISTRATOR County Auditor BY� • �1 c ,DEPUTY AGREEMENT BETWEEN COUNTY OF CONTRA COSTA AND CITY OF OAKLEY RELATING TO PROVISION OF SERVICES This Agreement is entered into by and between the County of Contra Costa ("COUNTY"), a political subdivision of the State, and the City of Oakley ("CITY"), a municipal corporation. RECITALS A. Pursuant to the provisions of State Law and LAFCO's Resolution No. 97- 17, COUNTY has furnished municipal services to the area included within CITY from July 1, 1999 to June 30, 2000. B. CITY and COUNTY desire that COUNTY will continue to provide to CITY the services described herein from July 1, 2000 until termination of any or all services pursuant to Sections 32 and 33. C. In return for the services provided by COUNTY, CITY shall make payments to COUNTY in the manner described herein. D. This Agreement is entered into pursuant to Government Code §§54980- 54982. E. The services that COUNTY will provide, as well as other relevant details regarding the provision of services and payment therefore, are described in attached Exhibits 1 - 10, which are hereby incorporated by reference and made a part hereof. NOW, THEREFORE, for the consideration described herein, the parties agree as follows: AGREEMENT Section 1. Provision of Park Maintenance and Landscaping Maintenance by COUNTY. 1.1. COUNTY will maintain all parks within CITY and perform landscaping maintenance for CITY, as described in Exhibit 1. Exhibit 1 also describes the following: reporting by COUNTY on park maintenance and landscaping maintenance, the creation and maintenance of records related to park maintenance and landscaping maintenance. 1.2. CITY agrees to pay COUNTY for the cost of providing the park maintenance and landscaping maintenance services described in Exhibit 1, which also establishes the amount that CITY shall pay for such services. The procedure for billing by COUNTY and payment by CITY are described in Exhibit 1. Agreement between Contra Costa County and City of Oakley Relating to Provision of Services Page 1 of 10 w . y Section 2. Provision of Street-Naming and Numbering Services by COUNTY. 2.1. COUNTY will perform street-naming and numbering services for CITY, as described in Exhibit 2. Exhibit 2 also describes the following: reporting by COUNTY on street-naming and numbering services; the creation and maintenance of records related to street naming and numbering. CITY agrees to pay COUNTY for the cost of providing the street naming and numbering services described in Exhibit 2, which also establishes the amount that CITY shall pay for such services. The procedure for billing by COUNTY and payment by CITY are described in Exhibit 2. Section 3. Provision of Base Mapping Services by COUNTY. 3.1. COUNTY will perform base mapping services for CITY, as described in Exhibit 3. 3.2. CITY agrees to pay COUNTY for the cost of providing the base mapping services as described in Exhibit 3. 3.3. The provisions of Exhibit 3 relating to indemnification shall apply, notwithstanding Section 20 of this Agreement. Section 4. Provision of Public Works Maintenance (Loads and Drainage) by COUNTY. 4.1. COUNTY will provide road and drainage maintenance services within CITY, as described in Exhibit 4. Exhibit 4 also describes the following: reporting by COUNTY on such maintenance services; the creation and maintenance of records related to such maintenance services. 4.2. CITY agrees to pay COUNTY for the cost of providing the road and drainage maintenance services described in Exhibit 4, which also establishes the amount that CITY shall pay for such services. The procedure for billing by COUNTY and payment by CITY are described in Exhibit 4. Section 5. Street Light Services by COUNTY. 5.1. COUNTY will perform those administrative services for CITY described in Exhibit 5. 5.2. CITY agrees to pay COUNTY for the cost of providing the street light administrative services described in Exhibit 5. The procedure for billing by COUNTY and payment by CITY are described in Exhibit 5. Agreement between Contra Costa County and City of Oakley Relating to Provision of Services Page 2 of 10 ,1 Section 6. Collection of Business License Taxes by COUNTY. 6.1. COUNTY will collect CITY's business license tax, as set forth in Exhibit 6, which also establishes the fee CITY will pay for the collection services and the procedure for payment. 6.2. The provisions of this Section will be of no force or effect if CITY amends its business license tax ordinance (Ord. No. 04-99) in a manner which makes it different in any material respect from COUNTY's business license tax ordinance in effect on June 30, 2000. 6.3. The provisions of Exhibit 6 relating to indemnification shall apply, notwithstanding Section 20 of this Agreement. Section 7. Provision of Traffic Signal Maintenance Services. 7.1. COUNTY will provide all maintenance services for traffic signals and related facilities in CITY, as provided for in Exhibit 7. CITY shall be responsible for providing COUNTY with the technical information about signals and facilities constructed or altered after the effective date of this Agreement, as described in Exhibit 7. CITY shall also be responsible for the cost of procuring necessary equipment and of its proportionate share of electricity delivered to signals and facilities. 7.2. CITY agrees to pay COUNTY for the cost of providing the maintenance services described in Exhibit 7, which also establishes the amount CITY shall pay. The procedure for billing by COUNTY and payment by CITY described in Exhibit 7 shall apply. 7.3. The provisions of Exhibit 7 relating to indemnification and modification shall apply, notwithstanding Sections 20 and 34 of this Agreement. Section 8. Performance by COUNTY of CITY's Responsibilities under the National Pollution Discharge Elimination System (NPDES). 8.1. The CITY is a party to two agreements with the Contra Costa County Mood Control District related to provision of NPDES services by COUNTY. The titles of those agreements are `°Stormwater Utility Area Agreement Between the Contra Costa County Flood Control and Water Conservation District and City of Oakley," and "Contra Costa Clean Water Program Agreement Between the Contra Costa County Flood Control and Water Conservation District and Agencies named below." CITY is one of the Agencies that is a party to the latter. Agreement between Contra Costa County and City of Oakley Relating to Provision of Services Page 3 of 10 8.2. COUNTY will provide the NPDES services, as described in Exhibit 8. 8.3. CITY agrees to pay COUNTY for the cost of providing such services as described in Exhibit 8. Section 9. Provision of Miscellaneous Services by COUNTY. 9.1 CITY may from time to time ask COUNTY to provide other miscellaneous services. Such services may include, but are not limited to, surveying, map checking, and right-of-way engineering, which are further described in Exhibit 9. 9.2 COUNTY shall provide such miscellaneous services on a time and material basis to CITY. COUNTY shall bill CITY on a quarterly basis or as otherwise agreed by the parties when CITY requests such services. Section 10. Repayment of COUNTY's Costs for the First Year of Service to CITY. 10.1. Pursuant to LAFCO Resolution No. 97-17, CITY is required to repay COUNTY the amounts shown on Exhibit 10. CITY shall repay the amounts according to the schedule and subject to the adjustments for interest shown on Exhibit 10. 10.2. COUNTY shall invoice CITY annually on June 1 of each year until the total amount is repaid. CITY shall pay each such invoice by July 1 of that year. CITY may prepay any amount without penalty. If CITY fails to make payment in a timely manner, interest shall accrue at the rates shown on Exhibit 10. 10.3. The amount for which COUNTY invoices CITY in any year shall be reduced by the amount of sales tax and ERAF Distribution received by COUNTY on CITY's behalf, as shown on Exhibit 10. Each annual invoice shall include the total amount of repayment owing that year and the amount of sales tax and ERAF Distribution by which it was reduced. Section 11. Provision of Limited Building inspection Services by COUNTY. COUNTY will provide, at no cost to City, all building inspection services for properties in CITY for which the County Building Inspection Department issued permits on or before June 30, 2000. On a quarterly basis, COUNTY will provide CITY with the following information regarding such permits: a listing of active permits by building permit number and job address; a listing of permits finaled or expired during the quarter, including the permit number, job address, an indication if the permit was finaled or expired, and the date of such action. The provisions of this subparagraph will continue in effect until all such permits are finalized or have expired. Section 12. Provision of Animal Control Services by COUNTY. 12.1. Animal control field and shelter services within CITY will be provided in Agreement between Contra Costa County and City of Oakley Relating to Provision of Services Page 4 of 10 accordance with a separate agreement entitled "City - County Animal Services Agreement". 12.2. The provisions of Sections 19 and 20 of this Agreement relating to status of County employees and indemnification shall apply to the City - County Animal Services Agreement. Section 13. Agreement to Process Parking Citations for City. 13.1. Processing of citations for parking violations in CITY will be provided in accordance with a separate agreement entitled, "Agreement for Processing of Parking Citations Between Contra Costa County Office of Revenue Collection and City of Oakley." 13.2. The provisions of Sections 19 and 20 of this Agreement relating to status of COUNTY employees and indemnification shall apply to the Agreement for Processing of Parking Citations. Section 14. Collection of Taxes, Fees, Assessments and Charges. Pursuant to a separate agreement entitled "Agreement for Collection of Special Taxes, Fees, Charges and Assessments," COUNTY shall collect for CITY all special taxes, fees, charges and assessments under the terms of that agreement. Section 15. Provision of Police Services. Pursuant to a separate agreement entitled "Contract for Law Enforcement Services Between the City of Oakley and the Contra Costa County Office of the Sheriff,,, COUNTY shall provide police services to CITY under the terms of that agreement. Section 16. Level of Service. Except as expressly provided herein, the level of services to be provided hereunder shall be not less than the level of such services provided by COUNTY within the area of CITY during fiscal year 1999-2000. Section 17. COUNTY Records. Each COUNTY department performing any service or function for CITY hereunder shall keep work or job records as specified herein to support the costs of such service or function. Section 18. Right to Audit Records. Upon reasonable written notice either party shall have the right to inspect and audit any records maintained by the other party relevant to this Agreement. Agreement between Contra Costa County and City of Oakley Relating to Provision of Services Page 5 of 10 Section 19. Status of COUNTY Employees. 19.1. For the purpose of performing the services and functions provided for in this Agreement, COUNTY shall furnish and supply all personnel, labor, supervision, equipment and supplies necessary to maintain the level of service to be rendered hereunder. 19.2. All persons employed by COUNTY to perform services and functions pursuant to this Agreement shall be and remain COUNTY employees. All persons employed by COUNTY to perform services and functions pursuant to this Agreement shall at all times be under the direction and control of COUNTY. Except as may be otherwise expressly provided herein, no CITY employee shall perform services or functions which COUNTY is obligated to provide under this Agreement. All persons employed by the COUNTY to perform the services pursuant to this Agreement shall be entitled solely to the rights and privileges given to COUNTY employees and shall not be entitled, as a result of providing services pursuant to this Agreement, to any additional rights and privileges given to CITY employees. 19.3. For the purpose of performing the services and functions under this Agreement, and for the purpose of giving official status to the performance thereof where necessary, every COUNTY officer and employee engaged in the performance of any service hereunder shall be deemed to be an agent of CITY while performing services for CITY, which services are within the scope of this Agreement and are purely municipal functions. Notwithstanding the agency relationship created by this subparagraph, CITY shall not be liable for any act or omission of any COUNTY officer or employee unless otherwise specifically provided elsewhere in this Agreement. 19.4. CITY shall not be liable for the direct payment of any salaries, wages, or other compensation to any COUNTY personnel performing services hereunder for COUNTY or any liability other than that provided for in this Agreement. 19.5. Except as herein otherwise specified, CITY shall not be liable for compensation or indemnity to any COUNTY employee for injury or illness or other claims arising out of his or her employment by COUNTY. 19.6. At all times during the term of this Agreement, COUNTY shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control COUNTY only insofar as the results of COUNTY's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which COUNTY accomplishes the rendering of services pursuant to this Agreement. Notwithstanding any other CITY policy, rule, regulation or ordinance to the contrary, COUNTY shall not qualify for or become entitled to any compensation, benefit, or incident of employment. Agreement between Contra Costa County and City of Oakley Relating to Provision of Services Page 6 of 10 Section 20. Indemnification. 20.1. COUNTY shall defend, indemnify, protect, and hold CITY and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to COUNTY's employees, agents, or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of COUNTY, and its agents, officers or employees, arising out of COUNTY's performance under this agreement; provided, however, that COUNTY's duty to indemnify and hold harmless shall not include any claims or liability arising from the misconduct of CITY, its agents, officers or employees. 20.2. CITY shall defend, indemnify, protect, and hold COUNTY and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to CITY's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of CITY, and its agents, officers or employees, arising out of CITY's performance under this Agreement; provided, however, that CITY's duty to indemnify and hold harmless shall not include any claims or liability arising from the misconduct of the COUNTY, its agents, officers or employees. 20.3. COUNTY employees performing services pursuant to this Agreement shall not be CITY agents for the mutual indemnification purposes of this Agreement. 20.4. This Section shall survive any termination or expiration of this agreement. 20.5. This Section shall be applicable to all services to be provided hereunder unless otherwise provided in this Agreement. Section 21. CITY Powers. It is agreed that in performing the services pursuant to this Agreement, COUNTY shall have all the powers of CITY and shall receive all cooperation possible from CITY to enable efficient enforcement of such rules, regulations, resolutions and/or ordinances of CITY required to be enforced by COUNTY pursuant to this Agreement. Section 22. Additional Documents and Agreements. The parties agree to cooperate in the execution of any additional documents or agreements which may be required to carry out the terms of this Agreement. Section 23. Transfer of County Records and Files. When requested by City, COUNTY will deliver to CITY all records, files and other documents in COUNTY's possession or control that relate to services provided by Agreement between Contra Costa County and City of Oakley Relating to Provision of Services Page 7 of 10 COUNTY within the CITY whether before or after incorporation, which will not be provided pursuant to this Agreement. The records, files and documents shall be those which are customarily transferred to a new city upon incorporation. Section 24. Successors. This Agreement shall bind and inure to the benefit of all successors and assigns of the parties and any associates in interest, and their respective directors, officers, agents, servants, and employees, and the successors and assigns of each of them, separately and collectively. Section 25. Construction of Agreement. This Agreement shall be construed and enforced pursuant to the laws of the State of California. Section 26. Time of the Essence. In entering into this Agreement, the parties recognize and agree that time is of the essence. Section 27. Agreement Controlling In the event of a conflict between the provisions of the text of this Agreement and the Exhibits, the provisions of the text shall prevail. Section 26. Notices. Whenever notice is required hereunder, it shall be given to the parties as follows: To: City of Oakley: City Manager City of Oakley P.O. Box 6 Oakley, CA 94561 To: County of Contra Costa: County Administration 651 Pine Street, 10th Floor Martinez, CA 94553-1291 Agreement between Contra Costa County and City of Oakley Relating to Provision of services Page 8 of 10 Section 29. Warranty of Legal Authority. Each party warrants and covenants that it has the present legal authority to enter into this Agreement and to do the acts required of it hereunder. If any party is found to lack the authority to do the acts required of it hereunder or is prevented from performing the acts by a court of competent jurisdiction, this Agreement shall be void. Section 30. Entire Agreement. This document embodies the entire terms and conditions of the Agreement described herein. This Agreement may be executed in two (2) counterparts, each of which shall constitute an original. Section 31. Effective Date and Term of Agreement. This Agreement shall become effective on July 1, 2000 and shall remain in effect until terminated as provided below. Section 32. Annual Budget Estimate and Termination of Services for Followin Fiscal Year. On or before January 15 of each year, CITY shall notify COUNTY if CITY wants COUNTY to provide a different level of service for the next fiscal year for any of the services specified herein. On or before February 15 of each year, COUNTY shall provide CITY with an estimated proposed budget for the various services to be provided pursuant to this agreement for the following fiscal year. On or before April 1 of each year, COUNTY shall notify CITY if COUNTY does not intend to provide any of the specified services for the following fiscal year, and CITY shall notify COUNTY if CITY does not want COUNTY to provide specified services for the following fiscal year. All such notifications shall be in writing. Section 33. Termination. Upon 90 days written notice and for good cause, CITY may terminate the provision of any or all of the services to be provided hereunder, provided that CITY shall pay COUNTY for all costs for services provided up to the date of termination as provided herein. Agreement between Contra Costa County and City of Oakley Relating to Provision of Services Page 9 of 10 Section 34. Amendment. This Agreement may only be amended in writing by an amendment signed by both COUNTY and CITY. CITY OF QAKLEY Gated: Mayor Approved as to form: e �t, -X CITY Attorney COUNTY OF CONTRA COSTA Dated: e 4 7Z.260d' Chair n of the oa Approved as to form: n y Cbu6or Agreement between Contra Costa County and City of Oakley Relating to Provision of Services Page 10 of 10 r t Section 34. Amendment. This Agreement may only be emended in writing by an amendment signed by both COUNTY and CITY. CITY OF OAKLEY Dated: , Mayor Approved as to form: CITY Attorney COUNTY OF CONTRA COSTA Dated: ChaipmM of the &d Approved as to form: Z/46� ounty Courgel Agreement between Contra Costa County and City of Oakley Relating to Provision of Services Page 10 of 10 7 6 ' LIST OF EXHIBITS Exhibit 1: Provision of Park Maintenance and Landscaping Services Exhibit 2: Provision of Street-Naming and Numbering Services Exhibit 3: Provision of Base Mapping Services Exhibit 4: Public Works of Road Maintenance and Services Exhibit 5: Provision of Street Lighting Services Exhibit 6: Collection of Business License Taxes Exhibit 7: Provision of Traffic Signal Maintenance Services Exhibit 6: Performance of City's Duties under NPDES. Exhibit 9: Performance of Miscellaneous Services. Exhibit 19: Repayment of COUNTY's Costs for the First Year of Service to CITY EXHIBIT 1 PROVISION OF LANDSCAPE AND PARK MAINTENANCE 1. Background Information. The County has previously operated the Countywide Landscape Program through the Lighting and Landscaping Act of 1972. Through the incorporation of Oakley in 1999, certain areas that previously benefitted from the Countywide Landscape District (AD 1979-2, LL-2) are now within the limits of the City of Oakley. The City is therefore responsible for maintaining the program in those areas. 2. Operation and Maintenance. The County will provide oversight management and maintenance of the Oakley parks and landscape subzones as described in the City of Oakley Street Lighting and Landscape Assessment District No. 1 Engineer's Report for Fiscal Year 2000-01. 3. Maintenance Records and Reporting System. The County will create a park and landscaping maintenance reporting system and record system. 4. Payments. The County will charge for actual time and materials in accordance with the budget line items contained in the City's Street Light and Landscape Assessment District No. 1 Engineer's Report for Fiscal Year 2000-01. 5. Day to Day Operation. The County will provide normal routine landscape maintenance, litter control, weed abatement, mowing, irrigation repair, and maintenance for the Engineer's Report for the City's parks and subzones and described in the City's Street Light and Landscape Maintenance Assessment District No. 1. The attached Table 1-A, "Proposed Oakley Landscape Maintenance Schedule," is intended as a guideline for the City of Oakley landscape maintenance. The schedule may vary according to conditions and needs of the various subzones in the City. For example, turf maintenance may be scheduled for Monday, but may also include litter abatement, pesticide application, or weed control, if time permits. TABLE 1-A PROPOSED CITY OF OAKLEY LANDSCAPE MAINTENANCE SCHEDULE Monday Location Maintenance Activity Zone 16 Crockett Park Litter— Trash Zone 49 Heather park Turf Zone 49 Holly Creek Turf Zone 49 Antigua Turf Zone 32 Gateway Turf Zone 28 Claremont Bay Turf Zone 60 California Jamboree Turf Tuesday Zone 60 California Jamboree Frontage & Highway 4 Zone 44 California Visions Laurel & Rose Frontages Zone 62 Laurel Gardens O'Hara Road Frontage Zone 62 County Faire Gumtree Lane Zone 26 South 40 Frontage (Neroly) Zone 58 Sundance Almond & Highway 4 Zone 49 Meadow Glen Bernard & Highway 4 Zone 24 Laurel Woods Laurel Rd. & Lara Estates Wednesday Zone 16 Crockett Park Turf Zone 13 Oakley Ranch Frontage & turf Zone 13 Clairemont Heritage Highway 4 & Frontage Zone 16 Highway 4 & Median Frontage & medians Thursday Zone 8 Vintages 1 & II Frontages Zone 16 Crockett Park Litter& cleanup Zone 16 Empire Road Frontages & medians Zone 20 Oakley Town Center Medians Zone 23 Oak Grove Frontage & Park EXHIBIT 2 PROVISION OF STREET-NAMING AND NUMBERING SERVICES 1. Authority. Pursuant to the Subdivision Map Act, Section 65000 et seq. of the Government Code of the State of California, the County enacted Title 9 of its Ordinance Code establishing procedures and requirements for land development within the unincorporated areas of the County, which include street naming and numbering. The provision of these procedures and requirements may be extended to any city requesting that the County perform such services for said City. 2. Street-Namin�c and Numbering Services. The County shall provide street- naming and numbering services for the City for: proposed subdivisions, final maps and requests for name or number changes. The County will receive from the City maps of subdivisions or referrals for requests for changes to street names. The County shall review proposed street names for proposed subdivisions, distribute proposed street names to concerned agencies, including Fire District and other emergency response agencies, and provide comments to the City and the developer. At the time the Final Map is filed for a subdivision, the County shall review the proposed street names and numbering, distribute the proposed names and numbering to emergency response agencies, and provide comments to the City and developer. At the time a request for street name or numbering change is submitted, the County shall review historical records and parcel maps, contact other agencies such as the Post Office and Fire District for comments and provide comments to applicant for name/numbering change. 4. Records. The County shall maintain copies of comments made regarding proposed street names and numbering and shall forward copies of such comments to the City. 5. Payment. In consideration for street naming and numbering services provided by the County, the City agrees to pay the County the applicable hourly rate for the time required by Graphics staff to complete work. The hourly rate shall be $45.39 for the period from July 1, 2000 to September 30, 2000 and $46.75 for the period from October 1, 2000 to June 30, 2001. Payments shall be based on invoices sent out by the County identifying the street naming request, time spent and total charge per request. Such invoices shall be sent to the City 30 days following completion of each request for street naming and numbering for proposed subdivisions or Final Maps, or for changes to street names or numbers. EXHIBIT 3 MEMBERSHIP IN CONTRA COSTA COUNTY COMPUTER MAPPING SYSTEM (CMS) AND GEOGRAPHIC INFORMATION SYSTEM (GIS) 1. Purpose. The purpose of this Exhibit is to define the conditions of City's access to the County's Computer Mapping System (CMS) base map data and/or Geographic Information System (GIS) data, including site specific data for individual parcels. 2. Definitions. The following definitions apply herein: a. "Computer Mapping System" (CMS) means the data processing equipment, files and software, developed by Contra Costa County and installed on County's premises, which are necessary to electronically reproduce the County base maps. b. "Geographic Information System" (GIS) means the data processing equipment, files and software, developed by Contra Costa County and installed on County's premises which are necessary to electronically reproduce and analyze County land Information System data and other data relating to the individual base map parcels. C. "Member" means any public agency signing a membership agreement with County. d. "Data" means any computerized maps, records, or other information developed, analyzed, stored or retrieved by use of the CMS or GIS. 3. Statement of Services. Upon City's payment of the annual membership charge, County agrees to make available the following services, which City may purchase at the costs specified: a. County agrees to provide the following CMS products to Member at the County's cost of processing, printing, assembling and shipping each product: 1. County base map books. 2. City and special district base map books. 3. Assembled base maps at a scale and size to meet the Member's need. 4. Diskettes (3 1/2") or data tapes for transferring CMS base maps to the Member's computer, in the format specified by the County. b. County agrees to provide GIS products and lists to Members at the County's costs of processing, printing, assembling and shipping, plus an added charge for County's data development. Data development costs may include (but are not limited to) the costs of 1) gathering and inputting raw data, 2) data storage and maintenance, and 3) programming for data extraction. GIS products and lists will include such land use maps and/or other maps and/or information as County, in its sole discretion, determines to develop and make available to Members. C. In accordance with the terms of a Data Storage-Online Access Agreement to be drafted by County, County intends to develop and provide to members the following CMS or GIS services: 1. Online access to such CMS and GIS data as County determines to make available to Members, 2. Storage and retrieval of such geographic data developed by Members as County may determine to provide. 4. Data Base Development and Maintenance. County agrees to continually update the CMS database to insure that all newly created parcels are added to the system within four weeks of filing of a final or parcel map with the County Recorder. City understands and agrees that the CMS and GIS are developmental systems, that the County reserves the right to make such changes as it deems appropriate as development continues, and that said changes may include changes to, or even deletion of, some data and may affect the procedure by which the data is obtained and the system is operated. If City disagrees with any changes or developments County desires, City understands and agrees that its only recourse will be to terminate this service as provided for in Section 8 and 9 of this Agreement. 5. Unauthorized Use. City understands that only Members are entitled to data from CMS or GIS, and City agrees that it will not provide said material to anyone other than a Member; provided, however, that nothing herein shall be construed to prevent City from using the maps and data obtained from the CMS or GIS in the usual course of City activities, subject to Sections 8 and 9 of this Exhibit. 6. Annual Membership Charge. City agrees to the annual membership charges set forth below. a. Parcel Charge: All City members shall be required to pay by July 30 of each fiscal year an annual membership charge of$0.05 for each parcel in the City limits. b. New Lot Fee: At the end of each quarter, and as a condition of remaining a member of the CMS or GIS, all City members shall be required to pay to County a fee for each parcel approved for development by the City during the quarter. The fee for each such parcel shall be in the amount of the New Lot Fee imposed by the County for base mapping of parcels approved for development by the County during that quarter. County's base mapping New Lot Fee as of March 1989 is $25 per parcel, but City understands that said amount may be increased by County at any time. C. The aforesaid New Lot Fee shall be due and payable by the end of the quarter in which this Agreement is signed. 7. Service Charges. Each Member will have an account established for use in obtaining the products and services noted above. The County will establish a yearly cost schedule for computer time, staff labor, special data charges, and miscellaneous costs necessary to developing and providing CMS and GIS products and lists. The County will bill Members on a bi-monthly basis for the cost of the products and services they have purchased. The charges shall be payable when billed. 8. Disclaimer of Liability and Warranties. CITY UNDERSTANDS AND AGREES THAT IT IS QUITE POSSIBLE THAT ERRORS AND OMISSIONS WILL OCCUR IN DATA INPUT AND/OR PROGRAMMING DONE BY COUNTY TO PROVIDE THE DATA IN THE FORM DESIRED, AND CITY FURTHER UNDERSTANDS AND AGREES THAT IT IS HIGHLY PROBABLE THAT ERRORS AND OMISSIONS WILL OCCUR IN ANY RECORD KEEPING PROCESS, ESPECIALLY WHEN LARGE NUMBERS OF RECORDS ARE DEVELOPED AND MAINTAINED, AND THAT THE DATA MAY NOT MEET CITY'S STANDARDS AS TO ACCURACY OR COMPLETENESS; NOTWITHSTANDING, CITY AGREES TO TAKE THE DATA "AS IS", FULLY EXPECTING THAT THERE MAY WELL BE ERRORS AND OMISSIONS IN THE DATA OBTAINED FROM COUNTY. CITY FURTHER UNDERSTANDS AND AGREES THAT COUNTY MAKES ABSOLUTELY NO WARRANTY WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, AS TO THE ACCURACY, THOROUGHNESS, VALUE, QUALITY, VALIDITY, MERCHANTABILITY, SUITABILITY, CONDITION, OR FITNESS FOR A PARTICULAR PURPOSE OF THE DATA OR ANY PROGRAMMING USED TO OBTAIN THE DATA, NOR AS TO WHETHER THE DATA IS ERROR- FREE, UP-TO-DATE, COMPLETE OR BASED UPON ACCURATE OR MEANINGFUL FACTS. CITY FURTHER UNDERSTANDS AND AGREES THAT IT FOREVER WAIVES ANY AND ALL RIGHTS, CLAIMS, CAUSES OF ACTION OR OTHER RECOURSE THAT IT MIGHT OTHERWISE HAVE AGAINST COUNTY FOR ANY INJURY OR DAMAGE OF ANY TYPE, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, RESULTING FROM ANY ERROR OR OMISSION IN DATA OR IN ANY PROGRAMMING USED TO OBTAIN THE DATA, OR IN ANY MANNER ARISING OUT OF OR RELATED TO THIS SERVICE OR THE DATA PROVIDED HEREUNDER. CITY AGREES THAT COUNTY SHALL NOT BE LIABLE TO CITY FOR ANY LIABILITY, CLAIM, LOSS, DAMAGE, INJURY OR EXPENSE OF ANY KIND CAUSED OR ALLEGED TO BE CAUSED, DIRECTLY OR INDIRECTLY, BY THE INADEQUACY OF ANY CMS OR GIS DATA OR ANY OTHER DEFICIENCY OF THE SYSTEMS, BY ANY DELAY OR FAILURE TO PROVIDE ANY SERVICE, OR BY ANY OTHER INTERRUPTION, DISRUPTION OR LOSS OF CITY OPERATIONS. CITY AGREES THAT IT WILL, IRRESPECTIVE OF ANY ALLEGED LIABILITY, CLAIM, LOSS, INJURY, DAMAGE OR EXPENSE CONTINUE TO PAY ALL CHARGES IN THE AMOUNTS STATED HEREIN UNTIL THIS SERVICE IS PROPERLY TERMINATED IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. 9. Third Party Use of Data: Agency's Indemnification. a. City agrees that it will not release, free trade, or assign any of the supplied data to any third party, except to its agents and contractors who have a need to know in performing services for City. City represents and warrants that it has or will secure written agreements with its agents and contractors to protect the proprietary nature of the data. b. City agrees that it will provide disclosure in said agreements that the copy (or partial copy) of the data is obtained from Contra Costa records, and will include a complete copy of Paragraph 8 of this Exhibit with the copy (or partial copy) of the data. C. City hereby agrees to defend, save, hold harmless, and indemnify County and its officers, employees, and agents against claims by anyone for any loss, injury, damage, risk, cause of action or liability of any type (including legal fees) occurring to AGENCY or any other person relating to or arising out of the subject matter of this Agreement or which may be alleged to have been caused, either directly or indirectly, by the acts, conducts, omissions, negligence or lack of good faith of County or its officers, agents or employees in any way related to or arising out of the subject matter of this Agreement. } EXHIBIT 4 PROVISION OF PUBLIC WORKS MAINTENANCE 1. Authority. The County shall provide the services and carry out the work described in this Exhibit. These services shall be provided in accordance with current County policies and practice and as directed by the City. The County will provide to the City the Public Work services when specifically requested by the City. The County shall only provide emergency Public Works services to the City upon request, and these services shall be rendered at rates as indicated on the attached labor and equipment rates. No other Public Works services shall be performed by the County, other than those listed herein, without a written request from the City. 2. Reporting and Invoicing. The County shall report the services provided monthly with daily maintenance report forms used by Public Works personnel. These reports shall state the nature of the work done, the location of the work, the equipment and personnel used to complete the work, and any materials used in the work. The County shall invoice the City quarterly for Public Works maintenance services performed. These costs shall include but not be limited to the following: a. Labor costs in accordance with the attached labor rates. b. Charge for vehicles and equipment used on an hourly basis according to the attached equipment rates. C. The actual direct cost for capital outlay items. d. Actual material costs. The rates attached hereto may be adjusted based on increases in labor costs or other increases which reflect an increased cost to the County to provide the services to the City. Any rate increases shall occur only after agreement between the City and County. The City shall pay the invoiced amount within 45 calendar days of receipt. If the County does not receive payment within this 45 days, the invoiced amount becomes delinquent and a late penalty at the monthly periodic rate of 3.0% is applicable to the total unpaid balance carried forward to the next quarters invoice. 3. Road Maintenance. The County will perform routine road maintenance and services specifically requested by the City as listed on the attached tables and described here: WO# 2901.2909 B Pavement Repair Pavement maintenance and repair will be completed as necessary to ensure the safety of the traveling public. Some specific repairs such as fabric patching, backhoe and grinder repair, and crack sealing shall be performed in preparation for the annual surface treatment. These surface treatment activities are addressed in another agreement between the City and County. WO# 2911-2913 B Shoulder Maintenance The County shall repair roadway shoulders where applicable or as requested by the City. WO# 2934-2937 B Traffic Signing/Striping The County will perform routine sign replacement and new installations, where specified by the City within the time span agreed to by both parties on a case by case basis. The County will perform routine repainting of faded center, shoulder, and lane lines and pavement markings, messages, stop lines, and crosswalks where specified by the City within the time span agreed to by both parties on a case by case basis. The County shall not be responsible for signing and striping and pavement markings on newly surfaced or constructed roads unless requested by the City. Misc. WO#'s B Miscellaneous Public Works Road Maintenance The County shall provide the services listed on the attached list to ensure public safety and maximize the efficiency of the public works infrastructure of the City. The Public Works maintenance personnel will patrol the City roads as directed by City staff to identify areas of maintenance. 4. Flood Control Maintenance. The County will perform routine silt and debris removal between April 15 and October 1 where required or as specified by the City within the time span agreed to by both parties on a case by case basis. The County will perform minor channel repairs such as repairing small concrete structures or eroded channel banks between April 15 and October 1 where specified by the City within the time span agreed to by both parties on a case by case basis. The County will perform additional roadside drainage maintenance necessary to ensure public safety and allow the associated storm drain system functions as designed. The County shall only provide emergency flood control/drainage services as requested by the City in accordance with the wage and equipment rates attached. TABLE 4-A 2000-01 Public Works Maintenance Charge Out Rates Regular Time Overtime Carpenter 70.00 70.00 Carpenter 65.00 65.00 (apprentice) Crew Leader 70.00 70.00 EO 1 70.00 70.00 EO 11 70.00 70.00 Laborer 55.00 55.00 Sr. Veg. Tech. 75.00 75.00 Supervisor 80.00 80.00 Veg. Tech. 65.00 65.00 Veg. Mgt. Supervisor 90.00 90.00 Temp. Laborer 35.00 50.00 Student 25.00 35.00 Superintendent 90.00 90.00 Traffic Sign Coor. 70.00 70.00 'P3 TABLE 4-B 2000-01 Public Works Staff Charge Out Rates Regular Time Overtime Principal Real Property Agent 150.00 150.00 Supervising Real Property Agent 135.00 135.00 Senior Real Property Agent 120.00 125.00 Associate Real Property Agent 110.00 110.00 Assistant Real Property Agent 85.00 85.00 Senior Real Property Technical Assistant 80.00 80.00 Real Property Technical Assistant 70.00 70.00 Assistant County Surveyor 120.00 130.00 Engineering Tech Supervisors/Land Surveyor 100.00 110.00 Senior Engineering Technician 95.00 105.00 Journey Engineering Technician 80.00 90.00 Entry Engineering Technician 70.00 80.00 CARD Drafter 80.00 80.00 Senior Civil Engineer 120.00 125.00 Journey Civil Engineer 105.00 105.00 Account Cleric Advanced 65.00 J 65.00 NOTE. Rates are approved through September 30, 2000 and are subject to change thereafter. Rates of individual employees will vary because of steps within each classification. TABLE 4-C Road Equipment 2000-01 Charge Out Rates Class Equip. # Class Description Rate (Per Hour) 52 'l2 Ton Pickups 6.00 53 S10 Pickups 6.00 55 %Ton Pickups 6.00 57 1 Ton Crewcabs 6.00 63 1 Ton Dump Trucks 6.00 65 5/6 YD Dump Trucks (All) 12.50 67 6700 & 6701 2000 Gal Water Trucks 25.00 67 6815 Line Stripper 25.00 67 6816 Chemical Weed Spray Truck 13.00 67 6819 Chemical Weed Spray Truck 20.00 67 6835 Bridge Truck 50.00 67 6847 & 6856 10/12 Yard Dump Trucks 30.00 68 5520 Sign Truck W/Lift 7.00 68 6801 Camel Vacuum Truck 40.00 68 6805 Hydro Flush 10.00 68 6812 VacCon 100.00 68 6821 Paint Carrier/Flatbed 30.00 70 6703 & 6704 Oil Distributors 25.00 71 All Rollers 15.00 73 Pneumatic Loaders 20.00 74 Motor Graders 50.00 75 7' Pull Brooms 25.00 78 7691 Gradall 100.00 78 7801 - 7806 Street Sweepers 65.00 78 7808 &7809 Pavers 25.00 79 Loader/Backhoes 22.00 80 Air Compressors 40.00 85 All Trailers 5 X 8 20.00 85 All Emulsion Trailers 20.00 86 All Equipment Trailers 12.00 87 All Equipment Trailers 12.00 90 All (except 9034&35) Various equipment 20.00 90 9034 & 9035 Concrete Saws 10.00 90 9022 Liner 10.00 Table 4-C Page 2 of 2 TABLE 4-D Flood Control Equipment 2000-01 Charge Out Rates Equip. # Class Description Rate (Per Hour) 5973 15 Passenger Van 7.00 6103 1 Ton Fence Truck 7.00 6105 4 Wheel Drive Pickup 9.00 6106 4 Wheel Drive Truck 10.00 6107 4 Wheel Drive Pickup 10.00 6135 4 Wheel Drive Pickup 5.50 6301 Stake Bed Dump Truck 10.00 6303 Truck 20.00 6400 5/6 Yard Dump Truck 9.50 6414 5/6 Yard Dump Truck 50.00 6803 Water Truck 30.00 6826 Boom Truck 15.00 6854 10/12 Yard Dump Truck 20.00 7300 Spyder 100.00 7305 Loader 10.00 7606 4 Wheel Drive Mower 50.00 8308 Brush Chipper 5.00 8502 Toilet Trailer 2.00 8513 Utility Trailer 5.00 8519 Irrigation Trailer 5.00 8526 24" Tilt Trailer 5.00 8527 27" Tilt Trailer 5.00 8541 18" Tilt Trailer 5.00 9538 & 9539 30" Flail Mowers 20.00 9727 High Line 10.00 TABU 4-E OAKLEY PUBLIC WORKS MAINTENANCE ACTIVITIES 2000-01 PROGRAM: 64805 Road Maintenance Work Description Work Description Order# Order 2901 Oakley-Pot Hole Patching 2930 Oakley-Replace Pavememt 2902 Oakley-Pavement Fabric Patching 2931 Oakley-Equipment Transportation 2903 Oakley-Pavement Repair- Backhoe 2932 Oakley-Weed Spray Roads 2904 Oakley-Pull Box Paving 2933 Oakley-Repair/Replace 2905 Oakley-Hand Patching 2934 Oakley-Traffic Sign Refacing 2906 Oakley-Crack Sealing 2935 Oakley-Traffic Signing 2907 Oakley-Leveling 2936 Oakley-Traffic Striping 2908 Oakley-Grinder Follow-up Paving 2937 Oakley-Paint Pavement Markings 2909 Oakley-Pavement Failure Repair- 2938 Oakley-Repair/Replace 2910 Oakley-Single Chip Seal 2939 Oakley-Repair/Replace Culverts 2911 Oakley-Spot Shoulder Repair 2940 Oakley-Railroad Xing Signs 2912 Oakley-Major Shoulder Repair 2942 Oakley-Repair Drain Structure 2913 Oakley-Reshape Shoulder 2943 Oakley-Repair/Replace R/W 2914 Oakley-Machine Sweeping 2944 Oakley-Landscape Encroach. 2915 Oakley-Tree Trimming/Removal 2945 Oakley-Rd Encroachment 2916 Oakley-Ditch Cleaning 2946 Oakley-Complaint Investigation 2917 Oakley-Debris Pickup 2947 Oakley-Engineering Assistance 2919 Oakley-Flush Culverts 2948 Oakley-Revamp Inlets 2920 Oakley-Clean Catch Basins 2949 Oakley-Safety Lighting 2921 Oakley-Drainage Patrol 2950 Oakley-Signal & Flasher 2922 Oakley-Storm Patrol 2951 Oakley-Workfare 2923 Oakley-Storm Damage Repair 2952 Oakley-Sheriffs Litter Pickup 2924 Oakley-Pump Maintenance 2953 Oakley-Juvenile Program 2925 Oakley-Bike Path Maintenance 2954 Oakley-Road Patrol 2926 Oakley-Other General Maintenance 2955 Oakley-Equipment Breakdown 2927 Oakley-R/W Mowing 2956 Oakley-Indemnity Repairs 2928 Oakley-Unknown Substance 2957 Oakley-Pavement Management 2929 Oakley-Emergency Response 2975 Oakley-Slurry Seal PROGRAM: 64820 Drainage Maintenance Work Description Order# 9TO8 Oakley-Complaint Investigation 9T10 Oakley-Engineering Assistance 9T72 Oakley-Ditch Cleaning 9T80 Oakley-Repair Fence 9T84 Oakley-Storm Patrol 9T85 Oakley-Grade Access Roads 9T86 Oakley-R[W Mowing 9T89 Oakley-Chemical Weed Spray 9T90 Oakley-Landscape Maintenance Table 4-E Page 2 of 2 EXHIBIT 5 PROVISION OF STREET LIGHT MAINTENANCE l. Background Information. On March 27, 1979, the Contra Costa County Board of Supervisor's adopted Ordinance No. 79-42, creating County Service Area L- 100 to fund the operation and maintenance of street lights. The boundaries of the L-100 Service Area are now within the limits of the recently incorporated City of Oakley. 2. Operation Duties and Personnel. The County will provide the day-to-day operation and maintenance coordination of the City's public right-of-way street lighting and safety lighting program. The County will liaison with City staff, the community, and PG&E for street light outage repair. 3. Street Light Inventory. The County will post the location of new street lights and maintain an inventory of street light facilities. The City will provide the county with documentation sufficient to develop and maintain a street light inventory. Those documents include development improvement plans, subdivision maps, and special studies. 4. Pole Knockdown Repair. At the request of the City on a time and materials basis, the County will repair and/or replace most of Type 15 metal poles that are knocked down. 5. Payment. County staff will be reimbursed for time and materials associated with the operation and maintenance of the City's street lights. County shall charge City for such services at the relevant rates set out in Table 9-C. The City will pay all electrification costs. County shall bill City monthly for all costs. 6. Tax Roll. County staff will assist the City in preparation of the annual assessment roll. EXHIBIT 6 COLLECTION OF BUSINESS LICENSE TAX 1. Collection of tax. Subject to the terms and conditions of this Agreement, County agrees to collect the business license tax levied for and on behalf of the City. 2. Fee for collection. County will charge a fee of 20% of the collected amount. County will settle with City annually. 3. Indemnification. City hereby releases and forever discharges and agrees to defend, indemnify and save harmless County and its officers, agents and employees (hereafter "County") from any and all claims, demands, liabilities, costs and expenses, damages, causes of action and judgments, in any manner arising out of County's action in connection with the levy, collection and enforcement of the business license tax within boundaries of City, provided, however, City shall not be responsible for any administrative or clerical errors or omissions made by the County or its officials in the levy, collection or enforcement of the business license tax. As to levy, collection and enforcement of the business license tax, County and its officials shall retain all immunities provided them by law. 4. Illegality of tax. Notwithstanding any provision of law, City agrees that, if a court of competent jurisdiction holds that the levy, collection and/or enforcement of the business license tax within the City's boundaries is uncollectible because of violating State or Federal law, 1) the County will stop the levy, collection, and enforcement of the business license tax within the boundaries of the City, and 2) the City will handle the refunding, if applicable, of the taxes paid by the taxpayers. 5. Legal challenge to tax. City and County agree to the following with respect to any legal challenge arising as a result of levy, collection and enforcement of the business license tax within the boundaries of the City: a. City shall defend and/or bear the cost of defending the action, and b. County agrees to notify City if City is not named in the action. EXHIBIT 7 PROVISION OF TRAFFIC SIGNAL MAINTENANCE SERVICES 1. Maintenance Work. a. The County will perform the maintenance work and other services described in Tables 7-A, 7-13, and 7-C attached to this Exhibit, including any modifications approved by the parties. b. Timing adjustments will be made by County personnel only as directed by the City. For signals located partly in the County and partly in the City, the City shall coordinate timing adjustments with the County. C. Engineering services, equipment upgrading and detector loop replacement or installation are not covered by this Agreement, but may be requested as additional services pursuant to Board of Supervisors Resolution No. 77/944 and the provisions of Section 6 below. 2. Compensation. As compensation for the work and services described in Section 1(a) above, the City shall pay the County for the City's share of the actual cost of all labor, equipment and materials furnished by the County, including applicable overhead charges authorized by the County Auditor-Controller. The percentage of costs chargeable to the City (i.e., the City's share) for each signal or facility covered by this Agreement is listed in Table 7-A attached to this Exhibit. The County shall maintain cost records for all work and services described in this Exhibit. 3. Billing. a. The County shall bill the City for work and services performed under this Agreement as soon as possible after the end of the calendar month in which the work or services were furnished. The City shall pay its share to the County within (thirty) 30 days after the date of billing. If payment is not received within (thirty) 30 days, a 1.5 percent late charge may be assessed. b. Extraordinary expense, such as for the repair or replacement of extensive damage, shall be assessed against the particular signal or facility involved. Billing for such expense shall be itemized as to materials, salaries and benefits, equipment rental, County overhead and other items. The City's share of such expense shall be the percentage for the particular signal or facility set forth in Table 7-A. 4. Responsibilities. a. It shall be the City's responsibility to provide to the County any information available to the City on the design, engineering, installation, modification and timing of signals and facilities covered by this Agreement constructed or altered after the effective date of this Agreement. County is already in possession of all such information regarding existing signals and facilities covered by this Agreement. In particular, the City shall furnish the following items to the County regarding new or altered signals and facilities: 1. as-built construction drawings (2 each); 2. manufacturer's cabinet drawings (2 each); 3. manufacturer's maintenance manual and parts catalog for the controller and related equipment; and 4. service and maintenance records. b. Special test equipment adapters, if required because of signal equipment unique to the City, shall be furnished by the City or purchased by the County and reimbursed by the City. Spare parts necessary for the maintenance of the City's signals and facilities shall be provided at the City's expense. C. The City shall pay its appropriate share for all electricity delivered to the signals and facilities covered by this Agreement. The City's share for each signal or facility is listed in Table 7-A attached to this Exhibit. For those signals and facilities located entirely within the City, the City shall receive billing from, and make payment to, the utility company delivering the electricity. For all other signals and facilities covered by this Agreement, the County shall make payment to the utility company and shall bill the City for the City's share of such electricity. 5. Hold Harmless. The City shall defend, indemnify, save and hold harmless the County and its boards, officers, agents, and employees from any and all claims, costs, and liability, including reasonable attorney's fees, for any damage, injury, sickness or death to persons or property arising directly or indirectly from or in any way connected with, the work or services performed under this Agreement, including, but not limited to, claims, costs or liability resulting from: (1) the conduct, negligent or otherwise, of the City, its officers, agents or employees; (2) the joint conduct of the County and the City, regardless of whether the County is concurrently, actively or passively negligent, or not negligent at all; (3)the sole negligence of the County, its officers, agents or employees but not including claims arising out of the intentional misconduct of County officers, agents, or employees; or (4) the sole or concurrent conduct, negligent or otherwise, of any person or entity. For those signals and facilities not located entirely within the City, the City's obligation to indemnify shall be limited to the City's share for the signal or facility generating the claim or loss, as set forth in Table 7-A. Nothing herein is intended to affect the legal liability of either party to third parties by imposing any standard of care different from the standard of care imposed by law. Nothing in this section is intended to affect the provisions of Government Code section 57325 as to territory annexed subsequent to the execution of this Agreement. 6. Modification. Modification of the terms set forth herein shall only be with the written consent of the authorized representative of both parties. Any modification which adds or deletes signals or facilities, or which changes the work or services to be performed by the County, shall be reflected in modified tables, which modified tables shall supersede the tables referred to in Section 1(a) above. Each modification shall set forth the increase or decrease in compensation and other special conditions applicable to the modification. For purposes of this Section, the County designates its Director of General Services as its duly authorized representative, and the City designates its City Engineer as its duly authorized representative. U) z U) za a a o m Ci U O e' c' Ul)cy cn m z O ti co cn w J 0 Z O c O w 0 d > U) w _ c d c7 cV cv zv us O c U) s s Z Ocu LL Y d 0 o o rr w 0 @� W ~ �' a cn z cu J J M CL Qco {.) 1 (D (j z w w0 C w U i W M a W cr) LL C) OU W � < d d d d Q > W LU r e> cn co u5 rn w 0 IL i5 ( L C N N Z _(n U) O c c c E lL LL o LL °o 3 3 0) 0) c� v ca U) _ c Z c ro m U F— _ f— O Ca C a V7 ' ® � N C140 c� C14 oU Z �, c> C/) rry cc a a a w = c ce) <t LL d W U r Ce) W tC> c� C7 w CL Ld LLI Com? CL Lli D O 0 ca LL LL tr e� Zami iJ 0 tt3 C) to U c U. co LL 0 0) 32 cz LL d 2 0 � Q p � � W U O v Z J LU U uj � u1 0 u A w � e � C3 co C73 CL S30NVHO � X ONIWII hON30N3lN3 S801AN3S AON80NAIN3 (INV -> x S?:JlVdMl NMOa A0ONA p ANISVO NO / (INV X A S310d JO S1NI1NlVd 'dinO313Nl8`d0 �18H1O = X (INV SAV-1MA 301AN3S N311ONiNOO 801nd3S CD x NO / aNV 3AOIN3 t1 a3a33N W Std NO NOliO3SH31N1 u- x 3HUN3 dVYV13N C.7 W v3 S(]Vd 3unS'S3Ud w x ui a U.O NO SdOOI U010313 Ci] W i D SGV3H NVIHIS3a3d 0 X W cn SNoiin8Hsnd U x NVINiS303d SNOIIONn:j m x O 3H IVNOIS NOl1ONn:j < N37ON1NOO 1 ( � I � Lu UJ 301AH3S JO 31nC]3HOS >; � w z } w 0 j ui 1-- 0 X LU 01 = wu U) cn maU) - ¢ ¢ 30In�13S =10 -18118 ¢ m U w Gfp t EXHIBIT 8 PERFORMANCE OF CITY'S DUTIES UNDER NPDES 1. General. The County will perform either directly or through contracted services the following tasks at the specified service level described below or as requested by the City. These activities fulfill the requirements of the City's Municipal National Pollution Discharge Elimination System (NPDES) Stormwater Permit (the Permit) with the State Regional Water Quality Control Board. Additional detail regarding Permit requirements to be performed at the local agency level are listed in the Contra Costa Clean Water Program's Stormwater Management Plan (an Appendix to the Permit). The Permit is held jointly by Oakley, the County, the Contra Costa County Flood Control and Water Conservation District, and the other municipalities of Contra Costa County. Working together, these agencies are known as the Contra Costa Clean Water Program, The Countywide Group Program staff, independent of County Clean Water staff, coordinates joint agency activities. For the purposes of this Exhibit, County Clean Water staff refers to County staff whose primary objective is to serve the unincorporated County and to promote compliance of the County agency. As a separate municipal entity, Oakley must perform the full range of activities within its jurisdiction in order to comply with the permit. Although the County can perform routine inspections of Oakley businesses and recommend municipal practices to adopt in order to obtain Permit compliance, many of the services in this Exhibit and other services required by the Permit will require the participation and policy direction of City staff. Passive oversight of the County will not be adequate. In accordance with the Flood Control Ordinance No. 93-47, the stormwater utility assessment revenue can only be spent on activities within the stormwater utility area (SUA) it was collected. Therefore, the County cannot utilize its SUA 17 (unincorporated County) revenue to fund cost overruns in SUA 18 (City of Oakley). Any cost overruns necessary for Oakley to comply with the permit must be funded by the City of Oakley. Conversely, the County cannot spend Oakley's stormwater utility assessment outside of Stormwater Utility Area — 18 (City of Oakley). 2. Street Sweeping. Publicly maintained curbed streets shall be swept twice a month on a routine schedule (e.g. 1st and 3rd Tuesdays). The County will administer the contract and maintain records indicating when roads were swept and the quantity of debris collected by street sweeping vehicles. An annual summary of this data will be sent to the City. The City will receive service complaints from Oakley residents and will work with the contracted provider to resolve said complaints. If changes in the sweeping schedule become necessary, such as a conflict with garbage pick-up days, the County will inform the City as soon as the revised scheduled is known. The estimated cost of street sweeping for the first year of this agreement is $50,700. 3. Drainage Facility Maintenance. The inspection and cleaning of storm drain inlets, culverts, open channels and other public storm drain facilities are described and budgeted in Exhibit 4, Provision of Street and Drainage Maintenance. The County will maintain records of storm drain facilities inspected, cleaned and amount of debris removed and will forward an annual summary of this data to the City. The estimated cost to City of the first year of such service is $50,000. 4. Miscellaneous Maintenance Tasks. Litter pick-up along curbed roadsides or waterways, both natural and man-made, is one of several services the City may request in order to achieve Permit compliance. Costs will vary depending on the source of labor, which can range from paid supervisors and subordinates to all- volunteer labor using materials paid for by the Clean Water Program. The City may choose to combine this service with Public Education goals in order to support a volunteer clean-up event or other, related community project The projected cost of such service during the first year of this Agreement is $7,000. This Exhibit assumes that the City will not operate Building, Grounds, or Vehicle Maintenance Corporation Yard(s) or contract for this service with a Non-County Corporation Yard within its jurisdiction. If the City chooses to engage in the wash, repair, and storage of vehicles; the storage, use, and disposal of chemicals (e.g. pesticides, fertilizers); graffiti abatement; and other municipal corporation yard and/or field activities, additional steps will need to be taken to ensure compliance with the Permit. Section 10 of this Exhibit defines the parameters of those additional steps. 5. Industrial/Commercial Inspections. The County will routinely inspect commercial/industrial facilities and perform follow-up enforcement activities as authorized under the County's Stormwater Pollution Control Ordinance and, according to the procedures found in the County's "Stormwater Inspection Plan December 1999." In general, the County focuses on educating and working with businesses to bring them into compliance. Enforcement action is taken after other measures have failed. The County will maintain records and forward an annual summary to the City on the number and names of priority and regular businesses inspected, number of notice of violations issued, and other inspection and enforcement data. The estimated cost to City of such services during the first year of this Agreement is $3,700. 6. Illicit Discharge Control Activities. The goal of these activities is to identify and stop illegal dumping and illicit connections to storm drains. The County will assist in the identification of priority field screening areas, meaning locations where the probability of illegal discharges is high and routine investigations may reveal the source of discharges. Spill reports and/or complaints will be investigated and when the source is identified, education and follow-up enforcement will be performed. Enforcement shall include but not be limited to referrals to other departments or agencies including the Central Valley Regional Water Quality Control Board, written notices to comply, and fines. The Clean Water Program is a participant in the County's Code Compliance activities. The estimate cost to City of such services during the first year of this Agreement is $3,000. 7. Public Education. The County will seek to educate the general public and targeted audiences on the meaning and significance of stormwater pollution and how to prevent, reduce, and eliminate it at the individual and community level. Specific tasks will include 1) distribution of education materials developed by the Group Program, 2) targeted outreach to specific audiences (such as the construction and development community), 3) support and encouragement of environmental education in the classroom, and 4) participation in the Oakley Almond Festival and watershed organizations such as the Contra Costa Watershed Forum. The Delta Sciences Center, local and regional environmental groups, other Contra Costa Cities, as well as state and local regulatory agencies work together at the Contra Costa Watershed Forum to promote public education on water quality issues. The cost of providing such service to City in the first year of this Agreement is estimated to be $14,800. 8. Development Review and Municipal Capital Projects. The County will work with Oakley planners, inspectors, and related staff members to develop procedures which will ensure that NPDES-Clean Water Program concerns are included in the land development review process, as well as any capital projects undertaken by the City. The first year of providing such services to City is estimated to cost $4,600. 9. Assistance with Annual Report Preparation. Each May, Contra Costa Clean Water Program members begin preparation of an Annual Report to the Regional Water Quality Control Board(s) to demonstrate how their agency meets the requirements of the Municipal NPDES Stormwater Permit (Permit) and to explain why any requirements are not met. The completed Annual Report, due in mid- August, is a written self-assessment of how well an agency is complying with the Permit. The County shall collect, record, and summarize performance data for the services described in this Plan and arrange the data in a format which allows for direct input into the Annual Report's Quantitative Section. The City will then use the data submitted by the County to write the Report's narrative sections. County Clean Water staff assumes that the City will prepare the narrative. Although County staff will provide assistance, the County believes determination of compliance in a self-assessment document is a policy decision and therefore most appropriately done by the agency itself, rather than an outside agency. The cost to City of the first year of such services is estimated to be $3,700. 10. Contingency. The County will provide consultation and technical advice at the request of the City on a time and materials basis. Adoption of a Stormwater Pollution Control Ordinance and development of a Grading Ordinance are two possible examples. Because the personnel assisting may vary and the service type and level are unknown, no budgeted amount is recommended at this time. For example, the County has successfully contracted with the Health Service Department's Hazardous Materials Education Specialist for advice on the best maintenance practices and technologies to use. Also, as the City becomes more familiar with the Clean Water Program, it may determine other information sources are preferable or, as is the case with Countywide Group Program staff, are more cost effective. EXHIBIT 9 PROVISION OF MISCELLANEOUS SERVICES BY COUNTY 1. Surveying, Map Checking and Right of Way Engineering a. The services to be rendered by Contra Costa County (County) to the City of Oakley (City) may include: • final and parcel map checks for compliance with the Subdivision Map Act, local ordinances and conditions of approval; • boundary retracement; • vertical and horizontal control recovery; • field surveys including right of way and construction staking; • topographical mapping; • preparation of hard copy and appraisal maps; • preparation and review of legal descriptions; • preparation of right of way maps and record of surveys. b. The County shall provide surveying services to the City per Tables 9-A and 9-13. The City will provide a written request to the County for any requested services. The County will perform the requested tasks within the time span agreed to by both parties on a case-by-case basis. 2. Other Services. COUNTY may, at request of CITY and mutual agreement of the parties. Provide other services to CITY. The cost of such services shall be at the rates listed on Tables 9-A and 9-13, if provided by COUNTY's Public Works Department, and Table 9-C, if provided by COUNTY's General Services Department. 67. "= 4; TABLE 9-A 2000-01 Public Works Maintenance Charge Out Mates Regular Time Overtime Carpenter 70.00 70.00 Carpenter 65.00 65.00 (apprentice) Crew Leader 70.00 70.00 EO 1 70.00 70.00 EO 11 70.00 70.00 Laborer 55.00 55.00 Sr. Vega Tech. 75.00 75.00 Supervisor 80.00 60.00 Veg. Tech. 65.00 65.00 Veg. Mgt. Supervisor 90.00 90.00 Temp. Laborer 35.00 50.00 Student 25.00 35.00 Superintendent 90.00 90.00 Traffic Sign Coor. 70.00 70.00 TABLE 9-B 200001 Public Works Staff Charge Out bates Regular Time Overtime Principal Real Property Agent 150.00 150.00 Supervising Real Property Agent 135.00 135.00 Senior Real Property Agent 120.00 125.00 Associate Real Property Agent 110.00 110.00 Assistant Real Property Agent 85.00 85.00 Senior Real Property Technical Assistant 80.00 80.00 Real Property Technical Assistant 70.00 70.00 Assistant County Surveyor 120.00 130.00 Engineering Tech Supervisors/Land Surveyor 100.00 110.00 Senior Engineering Technician 95.00 105.00 Journey Engineering Technician 80.00 90.00 Entry Engineering Technician 70.00 80.00 CARD Drafter 80.00 80.00 Senior Civil Engineer 120.00 125.00 Journey Civil Engineer 105.00 105.00 Account Clerk Advanced 65.00 65.00 NOTE: Rates are approved through September 30, 2000 and are subject to change thereafter. 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SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE and AUTHORIZE the Employment & Human Services Department Director, or designee, to EXECUTE contract amendment (#20-223-29) with Electronic Data Systems Corporation (EDS) for the maintenance of the Welfare Case Data System with a payment limit of $905,501 for the period July 1, 2000 through June 30, 2001. FINANCIAL IMPACT: The total costs to the County will be $286,500. Automated Fingerprint Image Reporting and Match System (AFIRM) costs of $131,700 are 100% County dollars, while the remaining contract amount is 20% County dollars ($154,800),and 80% Federal and State match. BACKGROUND: Contra Costa County is one of seventeen California counties contracting jointly for Welfare Case Data System service. On August 13, 1991 the Board of Supervisors approved a two-year contract with EDS and has renewed the contract annually since 1993 to fund County participation. The separate services provided by the contractor are those required by one or more of the counties belonging to the consortium, but not supported or paid for by all of the counties in the system. The amount covers the operating costs of the Automated Fingerprint Image Reporting and Match System (AFIRM), programming for the Reinvesting in Self-Sufficiency and Employment (RISE) Initiative and additional requests for special reports and programming related to welfare reform. CONTINUED ON ATTACHMENT: SIGNATURE: RF—COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PPROVE OTHER SIGNATURES ACTION OF BOA ON 6" APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: :!, M:., W' NOES: Z: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED �2j&11C —2 3, -26!30 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact: t �il »; 7 cc: EHSD(CONTRACTS UNIT)-TM BYJ• a4l-', __ ,DEPUTY COUNTY ADMINISTRATOR AUDITOR-CONTROLLER CONTRACTOR Contra ; TO: BOARD OF SUPERVISORS ��► j Costa FROM: John Cullen, Director = County Employment and Human Services Department DATE: June 6, 2000 SUBJECT: APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to CONTRACT (#21-501-3) with PharmChem Laboratories in the amount of$300,000 for random substance abuse testing services for the period of Julyl, 2000 through June 30, 2001. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to CONTRACT (#21-501-3) with PharmChem Laboratories in the amount of$300,000 for random substance abuse testing services for the period of July 1, 2000 through June 30, 2001. FINANCIAL IMPACT: Costs are Child Welfare System (CWS) non-federal Title IV-E funding, (70% State, 30% County) and are included in the Employment and Human Services Department budget. CHILDREN'S IMPACT STATEMENT: This contract supports one of Contra Costa County's community outcomes: "Families that are Safe, Stable and Nurturing," by helping parents address substance abuse issues. BACKGROUND: Board authority, dated May 4, 1999, was given to enter into a contract with PharmChem Laboratories as a result of the February 28, 1999, RFP #1051 response. Random substance abuse testing is a court required service and is ordered as part of a service plan. Laboratory results are submitted for inclusion in the Court Hearing(s) on Child Welfare Family Maintenance Reunification cases. The contract was limited to substance abuse testing resulting from the collection of urine samples. By Board Order dated, October 26, 1999, the Board approved an amendment to add Sweat Patch testing as requested by the Juvenile Court. CONTINUED ON ATTACHMENT: Y SIGNATURE: )Lao-\, 11'�REQOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE PPROVE OTHER SIGNATURES) 4 ACTION OF BOA ON `E `7t C7 d APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED ZI I"+ -? 7, CIO©0 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact: DANNA FABELLA,3-1583 cc: EHSD CONTRACTS UNIT(EB) COUNTY ADMINISTRATOR BY2 �. f'�'l MA— ,_._ ,DEPUTY AUDITOR-CONTROLLER CONTRACTOR