HomeMy WebLinkAboutMINUTES - 06272000 - C6-C10 a
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: June 27, 2000
SUBJECT- Agreement with the Reclamation District 800 for membership in the Contra Costa County's Computer
Mapping/Geographic Information System.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
L Recommended Action:
APPROVE and AUTHORIZE chairperson to execute an agreement between the County and the Reclamation
District 800 for membership in the County's Computer Mapping/Geographic Information System.
II. Financial Impact:
The district's membership in the program will provide an additional $425 annually for system operation. This will
vary slightly in the future as parcels are added to or deleted from the district.
Ill. Reasons for Recommendations and Backaround:
The purpose of the County's Computer Mapping/Geographic Information System is to provide land related data in
a geographic format for local government. Membership in the system is means for other non-County local
agencies to share the data and to bear a proportionate share of the costs.
IV. Consequences of Negative Action:
None
Continued an Attachment:_ SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON JUNE 27, 2000 APPROVED AS RECOMMENDED �, OTHER
I hereby certify that this is a true and correct copy of an action taken
and entered on the minutes of the Board of Supervisors on the date
shown.
VOTE OF SUPERVISORS
X UNANIMOUS {ABSENT NDNF )
AYES: NOES: ATTESTED: JIM 27, 2000
ABSENT: ABSTAIN: PHIL BATCHELOR,Clerk of the Board of Supervisors and
County Administrator
i6tp
11PWS4\SHARDATA1GrpData\CompSvc\ADMINt90t2000\i3O 06-27.doc
Orig.Div. Public Works(CS)
contact: Imm SwUsron-313-2353
cc: M.Shlu,Director By Deputy
P.McNamee,Daputy Directr
J.Hula,Comp Svcs
R.Gilchrist,Accounting
IMS � •-T
AGREEMENT FOR MEMBERSHIP IN CONTRA COSTA COUNTY COMPUTER
MAPPING SYSTEM (CMS)AND GEOGRAPHIC INFORMATION SYSTEM (GIS)
1. PABLES
The parties to this agreement are the Reclamation District NO. a O 0 , a political
subdivision of the State of California or public agency in the State of California (hereafter
"AGENCY" ) and the COUNTY OF CONTRA COSTA, a political subdivision of the State of
California (hereafter"COUNTY").
2 POSE
The purpose of this agreement is to provide the AGENCY 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, under the limitations contained herein.
3. OEFIN IONS
The following definitions apply herein:
a. "Computer Mapping System"(CMS)means the data processing equipment, files and software,
devek)ped by Contra Costa County and Installed on County's promises, 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 agency signing a membership agreement with the COUNTY.
d. "Data" means any computerized maps, records, or other information developed, analyzed,
stored or retrieved by use of the CMS or CIS.
4. STATEMENT OF BEgVlCEs
Upon Agency's payment of the annual membership charge, County agrees to make available the
following services, which Agency 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:
� z
13
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) Floppy discs (5-114 inch) or data tapes for transferring CMS base maps to the Member's
computer, in the format specified by 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 inputing 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.
5. DATA TA 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.
AGENCY 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 AGENCY
disagrees with any changes or developments COUNTY desires, AGENCY understands and agrees
that its only recourse will be to terminate this Agreement under Paragraph 10, "Term", herein.
6. UNAUTHORIZED USE
AGENCY understands that only Members are entitled to data from CMS or GIS; and'AGENCY
agrees that it will not provide said material to anyone other than a Member; provided, however, that
2
.........................................
.:110
nothing herein shall be construed to prevent AGENCY from using the maps and data obtained from
the CMS or GIS in the usual course of AGENCY activities, subject to Paragraphs 11 and 12 herein.
7. ANNUAL MEMBERugHIP C A�RCE
AGENCY agrees to the annual membership charges set forth below.
a. Cities
1) 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.
2) New Lot fee: Al 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 dirty during that quarter. The fee for each such pard
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 Manch 1989 Is$25 per parcel, but Agency understands that
said amount may be increased by County at any time.
b. Special Districts
1) Panel Charge: AR special district members shall be required to pay by July 30 of each
fiscal year an annual membership charge of$0.10 for each parcel within the limits of the
special district.
c. The aforesaid New Lot Fee shall be due and payable by the end of the quarter in which this
Agreement is signed. Payment of the- afa-co-a-t-a-te-d- annual ma-m-h-amhip Pam' C"e vAll
OGFAFAGAGe wpAil St lea6t 909A Gf the 19886 Maps 44F the ageAWS &F9a are loaded We the
"tem
8. PREPAID ANNUAL MEMBERSHIP Q868fiE
i i
9. SERVICE CHARGE
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 fur the cost of the products
3
and services they have purchased. The charges shall be payable when billed.
10. TERM
This Agreement is for the fiscal year ending June 30, -2001 and shall continue thereafter on a term
of each fiscal year unless terminated as provided herein. After June 30, 200' this Agreement may
be terminated by either party upon 30 day written notice and payment of any charges then due.
Upon proper termination and payment of all charges then due, the annual membership charge will
be prorated on a monthly basis and the unused portion returned to AGENCY.
11. DISC A1MEROF LIABILITY AND WAR86ffjES
AGENCY 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 AGENCY 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 AGENCY'S
STANDARDS AS TO ACCURACY OR COMPLETENESS; NOTWITHSTANDING, AGENCY
AGREES TO TAKE THE DATA "AS IS," FULLY EXPECTING THAT THERE MAY WELL BE
ERRORS AND OMISSIONS IN THE DATA OBTAINED FROM COUNTY.
AGENCY 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.
AGENCY 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
AGREEMENT OR THE DATA PROVIDED HEREUNDER. AGENCY AGREES THAT COUNTY
SHALL NOT BE LIABLE TO AGENCY 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 TEE
SYSTEMS, BY ANY DELAY OR FAILURE TO PROVIDE ANY SERVICE, OR BY ANY OTHER
INTERRUPTION, DISRUPTION OR LOSS OF AGENCY OPERATIONS. AGENCY AGREES THAT
IT WILL, IRRESPECTIVE OF ANY ALLEGED LIABILITY, CLAIM, LOSS, INJURY, DAMAGE OR
4
1
EXPENSE, CONTINUE TO PAY ALL CHARGES IN THE AMOUNTS STATED HEREIN UNTIL
THIS AGREEMENT IS PROPERLY TERMINATED IN ACCORDANCE WITH ITS TERMS.
12. THIRD PAM USE Cly' DATA: AGENC 'S_INDEMNIFICATIQN
a. Agency agrees that it will provide no copy (or partial copy) of any data to any other entity,
business or individual without 1) disclosing that the copy (or partial copy) of the data is
obtained from Contra Costa records, and 2) including a complete copy of Paragraph 'I 1 of this
Agreement with the copy(or partial copy) of the data.
b. Agency 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, conduct, omissions, negligence or
lack of good faith of County, its officers, agents or employees in any way related to or arising
out of the subject matter of this Agreement
13. GENERAL
This Agreement constitutes the entire contract between AGENCY and the COUNTY.
Notwithstanding any representations to the contrary by any agent of COUNTY, no other terms or
conditions shall apply herein unless agreed to in writing by both parties subsequent to the date this
Agreement is signed by the parties.
14. DEFAULT IN E!AYMENn
Upon failure of AGENCY to make payments for 30 days after due, as specified herein, AGENCY
agrees and understands that COUNTY may, at COUNTY'S discretion, forthwith terminate the
AGENCY'S Membership. Such remedy shall be in addition to any other legal remedy COUNTY may
have.
BOARD OF SUPERVISORS AGENCY
OF CONT CAST COUNTY
By
Chair, Boar upervisors i i t 'a g e r` ,7cY
Reclamation u1strict No. 8000',..
* June 1 , 2000 a motion was
passed by the Board of= Trustees
of Reclamation oistrict No . 800
authorizing the oistrict Manager
to sign this agreement on behalf
of the Board.
5
ATTEST. ATTEST:
PHIL BATCHELOR, Clerk of the Board of
Supervisors and County Administrator
By By
By H 4
J. Mi a afford
Public Works Director
APPROVED AS TO FORM FOR COUNTY: APPROVED AS TO FORM FOR AGENCY:
VICTOR�VESTMAN, County Counsel
By B
Deputy ,U
Title:
B
Y
/ f i •
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: June 27, 2000
SUBJECT: Agreement with the Ironhouse Sanitary District for membership in the Contra Costa County's Computer
Mapping/Geographic Information System.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION -
1. Recommended Action:
APPROVE and AUTHORIZE chairperson to execute an agreement between the County and the Ironhouse
Sanitary District for membership in the County's Computer Mapping/Geographic Information System.
11. Financiallmpact:
The district's membership in the program will provide an additional $1,609 annually for system operation. This will
vary slightly in the future as parcels are added to or deleted from the district.
111. Reasons for Recommendations and Background:
The purpose of the County's Computer Mapping/Geographic Information System is to provide land related data in
a geographic format for local government. Membership in the system is means for other non-County local
agencies to share the data and to bear a proportionate share of the costs.
IV. Consequences of Negative Action:
None
Continued on Attachment: SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON JUNE 27 r 2000 APPROVED AS RECOMMENDED.X _OTHER
I hereby certify that this is a true and correct copy of an action taken
and entered on the minutes of the Board of Supervisors on the date
VOTE OF SUPERVISORS shown.
-- X- UNANIMOUS (ABSENT NONE )
AYES: NOES:
ABSENT: ABSTAIN: ATTESTED: ,TUNE 27, 2000
PHIL BATCHELOR.,Clerk of the Board of Supervisors and
IMP County Administrator
I\PWS4\SHARDATAtCC4pDatalCwpSvc\ADMIM8012000\BO 06.27.doc
Orig.Dir. Public Woea(CS)
Contact: Irma Bergeron-3132353
cc: M.SMiu,Director
P.McNamee,Deputy Director By ,Deputy
J.Hula.camp Svc
I.Bergeron,Mapping
R.Gilchrist,Accounting
AGREEMENT FOR MEMBERSHIP IN CONTRA COSTA COUNTY COMPUTER
MAPPING SYSTEM (CMS)AND GEOGRAPHIC INFORMATION SYSTEM (GIS)
1. PARI`IEE .
The parties to this agreement are the Ironhouse Sanitary District . apolitical
subdivision of the State of California or public agency In the State of California (hereafter
"AGENCY" ) and the COUNTY OF CONTRA COSTA, a political subdivision of the State of
California (hereafter"COUNTY).
2. PURPOSE
The purpose of'#hls agreement is to provide the AGENCY 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, under the limitations contained herein.
3. 12EFINITIONS
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" (CIS) 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 agency signing a membership agreement with the COUNTY.
d. "Data" means any computerized maps, records, or other Information developed, analyzed,
stored or retrieved by.use of the CMS or GIS.
4. STATEMENT OE SERVICES
Upon Agency's payment of the annual membership,charge, County agrees to make available the
following services, which Agency 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
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) Floppy discs(5-914 inch) or data tapes for transferring CMS base maps to the Member's
computer, in the format specified by County.
Y -
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 Inputing 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 inform_tion 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.
5. DATA BASED DEVELOPMENT AN1 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.
AGENCY 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 mages 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 AGENCY
disagrees with any changes or developments'COUNTY desires,AGENCY understands and agrees
that its only recourse will be to terminate this Agreement under Paragraph 10, 'Term", herein.
f. UNAUTl-1O-MZEDUSE P
AGENCY understands that only Members are entitled to data from CMS or CIS; and AGENCY
agrees that it will not provide said material to anyone other than a Member; provided, however, that
2
: 7
nothing herein shall be construed to prevent AGENCY from using the maps and data obtained from
the CMB or GIS In the usual course of AGENCY activities, subject to Paragraphs 11 and 12 herein.
7. ANNUAL MEMBERSHIP CHARGE
AGENCY agrees to the annual membership charges set forth below.
a. Cities
1) Parcel Charge: A11 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.
2) 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
ap for development by the city during that 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 Agency understands that
said amount may be increased by County at any time.
b. Special Districts
'1) Parcel Charge: All special district members shall be required to pay by July 30 of each
fiscal year an annual membership charge of$0.10 for each parcel within the limits of the
special district.
c. The aforesaid New Lot Fee shall be due and payable by the end of the quarter in which this
Agreement is signed.
QQMM9Aca mil' sit lasant Q09A a the-Ina se maps for the ageA%ds area ars lasseled Into the
r�
8.
9. 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 bili Members on a bi-monthly basis for the cost of the products
3
and services they have purchased. The charges shall be payable when billed.
10. TERM
This Agreement is for the fiscal year ending June 30, 0 a 1 and shall continue thereafter on a term
of each fiscal year unless terminated as provided herein. After June 30, �0 0; this Agreement may
be terminated by either party upon 30 day written notice and payment of any charges then due.
Upon proper termination and payment of all charges then due, the annual membership charge will
be prorated on a monthly basis and the unused portion returned to AGENCY.
11. DISCLAIMER OF LIABILITY AND WARRANTIES
AGENCY 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 AGENCY 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 AGENCY'S
STANDARDS AS' TO ACCURACY OR- COMPLE T ENESS;- NOTWITHSTANDING, AGENCY
AGREES TO TAKE THE DATA "AS IS," FULLY EXPECTING THAT THERE MAY WELL BE
ERRORS AND OMISSIONS IN THE DATA OBTAINED FROM COUNTY.
AGENCY 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 FORA 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
FAC'T'S.
AGENCY 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
AGREEMENT OR THE DATA PROVIDED HEREUNDER. AGENCY AGREES THAT COUNTY
SHALL NOT BE LIABLE TO AGENCY 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 TEE
SYSTEMS, BY ANY DELAY OR FAILURE TO PROVIDE ANY SERVICE, OR BY ANY OTHER
INTERRUPTION, DISRUPTION OR LOSS OF AGENCY OPERATIONS.AGENCY AGREES THAT
IT WILL,..IRRESPECTIVE OF ANY ALLEGED LIABILITY, CLAIM, LOSS, INJURY, DAMAGE OR
4
EXPENSE, CONTINUE TO PAY ALL CHARGES IN THE AMOUNTS STATED HEREIN UNTIL
THIS AGREEMENT IS PROPERLY TERMINATED IN ACCORDANCE WITH ITS TERMS.
12. THIRD PARTY USE OF DATA: AGENCY'S INDEMNIFICATION
a. Agency agrees that it will provide no copy (or partial copy) of any data to any other entity,
business or Individual without 1) disclosing that the copy (or partial copy) of the data is
obtained from Contra Costa records, and 2) including.a complete copy of Paragraph 11 of this
Agreement with the copy(or partial copy) of the data.
b. Agency 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, conduct, omissions, negligence or
lack of good faith of County, its officers, agents or employees In any way related to or arising
out of the subject matter of this Agreement. `
13. GENERAL
This Agreement constitutes the entire contract between AGENCY and the COUNTY.
Notwithstanding any representations to the contrary by any agent of COUNTY, no other terms or
conditions shall apply herein unless agreed to in writing by both parties subsequent to the date this
Agreement is signed by the parties.
14. DEFAULT IN PAYMENTS
Upon failure of AGENCY to make payments for 30 days after due, as specified herein, AGENCY
agrees and understands that COUNTY may, at COUNTY'S discretion, forthwith terminate the
AGENCY'S Membership. Such remedy shall be in addition to any other legal remedy COUNTY may
have.
BOARD OF SUPERVISORS AGENCY
OF CONTRA C TA COU TY
By,
Chair, Board of SOP rvisors Chair, veming ope6rd
5
ATTEST:. ATTEST:
PHIL BATCHELOR, Clerk of the Board of
Supervisors and County Administrator
ByQnS=J— By
David N. Bauer, General Manager
ByYronh.ouse Sanitary District
J. Mi el alford
Public Works Director
APPROVED AS TO FORM FOR COUNTY: APPROVED AS TO FORM FOR AGENCY:
VICTOR WESTMAN, dountv Counsel
y �.'P) /�Q ykU�
Deputy /,
1 ��� Title: ' .�► tt-,�t, l�t� f 'f "� '� '�
-0 LS + --L.0 CCS o ? "e-L-
6
cog
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on rune 27, 2000 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMIL-A AND GERBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
SUBJECT: Release of Surety Bond for Minor Deficiencies, and Cash Deposit for Faithful
Performance, Subdivision 7649, Danville area.
On April 20, 1999, this Board resolved that the improvements in Subdivision 7649 were
completed as provided in the Subdivision Agreement with the DeSilva Group and Greystone Homes,
Inc., a Delaware Corporation,with the exception of minor deficiencies for which a$75,000.00 surety
bond (Bond Number 355160, dated March 26, 1999) was made by the DeSilva Group, Inc., and
Greystone Homes, Inc., a Delaware Corporation, to insure correction of subsurface drains to be
installed both within Subdivision 7649 and offsite of Subdivision 7115 (Blackhawk Road), asphalt
work including removal and replacement for a portion of Blackhawk Road at the entry gates, and
slurry seal coat for a portion of Subdivision 7649, excavation and patching, and repairing/patching
cracks and voids in the 96 inch pipe.
And now, on the recommendation of the Public Works Director;
TETE BOARD hereby FINDS that the minor deficiencies have been CORRECTED, the
improvements have been satisfactorily COMPLETED and ARE ACCEPTED.
Therefore, IT IS BY THE BOARD ORDERED that the Public Works Director is
AUTHORIZED to refund the $5,300.00 cash deposit(Auditor's Deposit Permit No. 278172, dated
May 16, 1996) plus interest to the DeSilva Group, Inc., in accordance with Government Code
Section 53079 and Ordinance Code Section 94-4.406 and the subdivision agreement.
NOW THEREFORE BE IT RESOLVED that the Subdivision Agreement and surety bond
for minor deficiencies ARE EXONERATED.
I hereby certify that this is a true and correct copy of an action taken and
entered on the minutes of the Board of Supervisors on the date shown.
JC:kw
G;\GrpData\EngSvc\BO\2000\BO 6-27-00 ATTESTED: JUNE 27 2000
Originator, Public Works(ES)
PHIL BATCHELOZ f Jerk of the Board of Superviso—Ad ou
annty Contact: Teri Rie{313-2363} Administrator
cc: Public Works -Accounting,Tax I.D. 94-3073193By
-J.Florin,M&T Lab Deputy
-R.Bruno,Construction
Current Planning,Community Development
The DeSilva Group,Inc.,11555 Dublin Blvd.,Dublin,CA 94566
Greystone Homes,Inc.,a Delaware Corporation,6601 Koll Center Parkway,#100,Pleasanton,94566
Seaboard Surety Company,Two Embarcadero Center,San Francisco,CA 94111
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 27, 2000 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCLAMILLA AND GERBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
SUBJECT: Accept Completion of Warranty Period, Subdivision MS 9-97, Walnut Creek area.
On April 6, 1999, this Board resolved that the improvements in Subdivision MS 9-97 were
completed as provided in the Subdivision Agreement with East Bay Builders Company, Inc. and
now on the recommendation of the Public Works Director;
The Board hereby FINDS that the improvements have satisfactorily met the guaranteed
performance standards for the period following completion and acceptance. Therefore,
IT IS BY THE BOARD ORDERED that the Public Works Director is AUTHORIZED to
pay to the Public Works Department the$1,000.00 cash deposit(Auditor's Deposit Permit Number
322955, dated November 17,1998)made by East Bay Builders Company, Inc.plus accrued interest
to help defray charges incurred by the Public Works Department as per developer's written
permission dated June 8, 2000.
NOW THEREFORE BE IT RESOLVED that the warranty period has been completed and
the Subdivision Agreement and surety bond are exonerated.
I hereby certify that this is a true and correct copy of an action taken and entered on
the minutes of the Board of Supervisors on the date shown.
JC:kw ATTESTED: JUNE 2 ., 2000
G:\GrpData\EngSvc\BO\2000\BO 6-27-00 PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator
Originator: Public Works(ES)
Contact: Teri Ric(313-2363) By Deputy
cc: Public Works Accounting,Tax I.D.68-0045919
J.Florin,M&T Lab
R.Bruno,Construction
Current Planning,Community Development
East Bay Builders Company,Inc.,20 El Camino Terrace,Walnut Creek,CA,94596
Fidelity and Deposit Company of Maryland,590 Lennon Lane,Walnut Creek,CA,994598
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNT', CALIFORNIA
Adopted this Resolution on June 27, 2000 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA AND GERBER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO.: 2000/323
SUBJECT: Approval of the Parcel Map and Accept Completion of improvements for Subdivision
MS 6-93, Martinez area.
The following documents were presented for Board approval this date:
I. Map
The Parcel Map of Subdivision MS 6-93,property located in the Martinez area, said
map having been certified by the proper officials;
IL Improvements
The Public Works Director having notified this Board that the improvements for
Subdivision MS 6-93,being developed by Christine R.Reese,Trustee of the Reese
Living Trust dated March 25, 1998, have been completed and that such
improvements have been constructed without the need for a subdivision agreement;
III. Tax Letter
Letter from the County Tax Collector stating that there are no unpaid County taxes
heretofore levied on the property included in said map and that the 1999-2000 tax
lien has been paid in full and the 2000-2001 tax lien,which became a lien on the first
day of January 2000, is estimated to be $8,200.00, with security guaranteeing
payment of said tax lien as follows:
+ Tax Surety
Cash Bond
Assessors Deposit Permit and Date: 351267 (June 7, 2000)
Amount: $8,200.00
Paid by: Christine Reese
RESOLUTION No. : 2000/323
SUBJECT: APPROVAL OF THE PARCEL MAP AND ACCEPT COMPLETION OF
IMPROVEMENTS FOR SUBDIVISION MS 6-93,MARTINEZ AREA.
DATE: JUNE 27, 2000
PAGE: 2
NOW THEREFORE BE IT RESOLVED that said subdivision,together with the provisions
for its design and improvement, is DETERMINED to be consistent with the County's general and
specific plans;
BE IT FURTHER RESOLVED that said Parcel Map is APPROVED and this Board does
not accept or reject on behalf of the public any of the streets,paths, or easements shown thereon as
dedicated to public use.
All deposit permits are on file with the Public Works Department.
BE IT FURTHER RESOLVED that said improvements are also ACCEPTED.
I hereby certify that this is a true and correct copy of an action taken and
entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: JIM 273 2000
PHIL BATCHELOR,Clerk of the Board of Supervisors and County
Administrator
By Deputy
JC:kw
G:\GrpData\EngSvc\B0\2000\B0 6-27-00
Rm&fay 27 1999
Originator-Public Works(ES)
Contact: T.Rie(313-2363)
cc: Public Works-R.Bruno,Construction
Current Ptanning,Community Development
Christine R.Reese,16 Kenmore Court,Orinda,CA 44563
Tax Colle+for"s Office William J.Pollacek
625 C�url Street Contra County Treasurer-Tax Collector
Finance building,Room 100
P.O.Box 631 ��"""""" Joseph L.Martinez
Martinet,California 94553- Costa Assistant Tax Collector
0063
(925)646-4122 County my Joslyn Mitchell
(925)546-4135 FAX '�"l) Tax Operations Supervisor
Date:6/2/00
IF THIS TRACT IS NOT FILED PRIMP. TO THE DATE TAXES ARE OPEN FOR
COLLECTION (PBT CODE 2608) THIS LETTER IS VMD.
This will certify that I have examined the map of the proposed subdivision entitled:
Tract/MS# City T.R.A.
93-6 MARTINEZ 76081
Parcel M 365-030-089-4
and have determined from the official tax records that there are no unpaid County taxes heretofore
levied on the property included in the map.
The 1999-2000 tax lien has been paid in full. Our estimate of the 2000-2001 tax lien, which
became a lien on the first day of January, 2000 is $89200.00
This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal
to calculate a segregation is
The amount calculated is void 30 days from the date of this letter.
Subdivision bond must be presented to the County Tax Collector for review and approval of
adequacy of security prior to ding with the Clerk of the Beard of Supervisors.
WILLIAM J. POLLACEK,
Treasurer- x o for
By: