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CITY COUNCIL AGENDA ITEM NO. 17

Meeting Date: September 14, 2004

Subject/Title: Approve a Resolution authorizing the Mayor to sign a Joint Exercise of Powers Agreement related to Vasco Road safety improvements and road improvements in Brentwood of an equal value with Contra Costa County in an amount not to exceed $1.5 million

Submitted by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution authorizing the Mayor to sign a Joint Exercise of Powers Agreement related to Vasco Road safety improvements and road improvements in Brentwood of an equal value with Contra Costa County in an amount not to exceed $1.5 million.

PREVIOUS ACTION
On October 14, 2003, City Council authorized the City Manager to enter into a loan agreement with Contra Costa County for Vasco Road in an amount not to exceed $1.5 million.

On April 13, 2004, the Council extended the loan offer for 6 months.

BACKGROUND
On October 14, 2003, City Council authorized the City Manager to enter into a loan agreement with the County in the amount of $1.5 million dollars for safety improvements to Vasco Road within Contra Costa County. The original offer had a six month sunset clause to start construction that expired April 14, 2004. On April 13, 2004, the Council extended that offer by 6 months. The County has taken action based on the Citizen’s Advisory Committee (CAC) and the City of Brentwood to improve safety on Vasco Road. The County hired a consultant (Nolte Associates, Inc.) to evaluate possible alternatives and solutions to safety issues on Vasco Road and has submitted the draft alternatives to the CAC. The County also presented the draft alternatives during their presentation on April 13. The County is currently constructing those improvements.

Vasco Road is a County road and as such, design decisions are the sole responsibility of Contra Costa County. This project promises to be a continuation of the successful regional transportation joint ventures with the County, similar to the Highway 4 Bypass project and the Camino Diablo/Vasco Road project.

The City of Brentwood’s support is vital toward improving the safety of Vasco Road and staff recommends this Joint Exercise of Powers Agreement as it repays the City in 4 years versus the original 10-year agreement, and gets the County involved in the other road improvements happening within the City.

FISCAL IMPACT
Probable cost to the general fund of lost interest of approximately $20,000 the first year and reducing to $0 in the fourth year.

Attachments:
Resolution
Joint Exercise of Powers Agreement

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AUTHORIZING THE MAYOR TO SIGN A JOINT EXERCISE OF POWERS AGREEMENT RELATED TO VASCO ROAD SAFETY IMPROVEMENTS AND ROAD IMPROVEMENTS IN BRENTWOOD OF AN EQUAL VALUE WITH CONTRA COSTA COUNTY IN AN AMOUNT NOT TO EXCEED $1.5 MILLION

WHEREAS, the City of Brentwood believes safety improvements need to be made to Vasco Road to reduce the number, frequency and severity of accidents; and

WHEREAS, Vasco Road is outside the jurisdiction of the City of Brentwood but within Contra Costa County; and

WHEREAS, Contra Costa County has researched ways to improve Vasco Road safety; and

WHEREAS, Senator Tom Torlakson, Assemblyman Guy Houston and Supervisor Millie Greenberg all strongly support improving the safety of Vasco Road; and

WHEREAS, the City of Brentwood wishes to support the efforts of Senator Tom Torlakson, Assemblyman Guy Houston, Supervisor Millie Greenberg and Contra Costa County to improve the safety of Vasco Road; and

WHEREAS, Contra Costa County is currently experiencing budgetary constraints which the City of Brentwood fears could delay needed safety improvements to Vasco Road; and

WHEREAS, the City of Brentwood and the Citizens Advisory Committee have worked with the County to address safety issues on Vasco Road; and

WHEREAS, the City of Brentwood wants to support the County efforts toward improving the safety of Vasco Road and does not want those improvements to be delayed due to the County’s financial constraints; and

WHEREAS, the City of Brentwood will be repaid by the County through the County funding an equal amount of roadway work within the City of Brentwood.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood, that the Mayor is hereby authorized to sign a Joint Exercise of Powers Agreement related to Vasco Road safety improvements and road improvements in Brentwood of an equal value with Contra Costa County in an amount not to exceed $1.5 million.

BE IT FURTHER RESOLVED that the Finance Director is authorized to transfer funds from the General Fund, sufficient to reimburse the Developer Fee accounts for interest if the AB1600 accounts are used to fund the loan.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 14th day of September 2004 by the following vote:


JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN CONTRA COSTA COUNTY AND THE CITY OF BRENTWOOD

(County Project No.:0662-6R4086)
VASCO ROAD

This AGREEMENT is entered into between the City of Brentwood, a municipal corporation of the State of California, hereinafter CITY, and the County of Contra Costa, a political subdivision of the State of California, hereinafter COUNTY, pursuant to Government Code section 6500, and following.

The parties to this AGREEMENT mutually agree and promise as follows:

1. Effective Date.

It is understood that this AGREEMENT is subject to approval by the CITY counsel and COUNTY’s Board of Supervisors. The AGREEMENT is effective on the date approved by the COUNTY’s Board of Supervisors (“Effective Date”). This AGREEMENT will be submitted to the CITY first for approval, and thereafter to the Board of Supervisors. [Effective Date: ____________________, 2004 (to be inserted after Board action, failure to insert the Effective Date does not invalidate this AGREEMENT.)]

2. Purpose and Scope of Work.

COUNTY owns, operates, and maintains Vasco Road from Walnut Boulevard to the Alameda/Contra Costa County line. This road connects directly to streets owned, operated, and maintained by the CITY. CITY owns, operates, and maintains roadways within its boundaries that intersect with roads owned, operated and maintained by COUNTY. The maintenance and improvement of these interconnecting roads is vital to the continued safety and convenience of residents of both CITY and COUNTY. Providing safe roads is vital to ensure the uninterrupted flow of commerce for both CITY and COUNTY. Pursuant to Government Code section 26227, the County may expend money and contract with public agencies to fund public safety programs and improvements. The purpose of this AGREEMENT is to provide for the terms and conditions of a mutually beneficial road improvement plan for both COUNTY and CITY. COUNTY and CITY have determined that safety improvements on Vasco Road are the highest priority and will be financed during the first year. The Vasco Road improvement project consists of re-striping and inserting median and shoulder rumble strips on Vasco Road from Walnut Boulevard to the Alameda/Contra Costa County line

3. Responsibilities of CITY and COUNTY.

A. CITY shall be responsible for the following:
(1) Provide funding in an amount not to exceed $450,000 for the COUNTY to construct improvements on Vasco Road, within thirty (30) days after being requested by the COUNTY Public Works Department to do so.
(2) Identify safety improvements within the boundaries of the CITY that fall within the Scope of Work defined in Section 2, to be funded by COUNTY in the amount not to exceed $450,000.
(3) Prepare design plans, specifications, and engineer's costs estimates for CITY road improvement projects identified to COUNTY.
(4) Perform necessary surveys, construction inspection, contract administration, and materials testing for the CITY road improvement projects.
(5) Advertise and award contracts for the CITY road improvement projects.
(6) Within said four year period, make the identified improvements and accept improvement projects funded by COUNTY within the CITY as complete.

B. COUNTY shall be responsible for the following:

(1) Prepare design plans, specifications, and engineer’s cost estimate for the Vasco Road improvement project.
(2) Advertise and award contracts for the Vasco Road improvement project.
(3) Perform necessary surveys, construction inspection, contract administration, and materials testing for the Vasco Road improvement project.
(4) Approve and accept the Vasco Road improvement project as complete.
(5) Pay contractor for completed work for Vasco Road improvement project.
(6) Provide funding for CITY to install road improvement projects within the boundaries of CITY in an amount not to exceed $450,000. For each year of the four year term of this AGREEMENT, County intends to fund a minimum of $112,500 of road improvement projects, but reserves the right in its sole discretion to fund additional road improvement projects identified by the CITY, in earlier years, which would reduce or eliminate funding in subsequent years. In no event will the $450,000 expenditure limit be exceeded.

4. Hold Harmless.

A. Neither COUNTY, nor any officer, agency or employee therefore, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY or in connecting with any work delegated to CITY under this AGREEMENT, and CITY shall defend, indemnify, save, and hold harmless COUNTY, its governing body, officers, agents and employees, from the same.

B. Neither CITY, nor any officer, agency, or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by COUNTY or in connection with any work delegated to COUNTY under this AGREEMENT, and COUNTY shall defend, indemnify, save, and hold harmless CITY, its governing body, officers, agents, and employees, from the same.

C. Nothing in this AGREEMENT is intended or shall be constructed to affect the legal liability of either party to third parties by imposing any standard of care greater than that imposed by law.

5. Maintenance.

A. After the improvement project on Vasco Road is formally approved and accepted by COUNTY, COUNTY shall maintain the improved portion of Vasco Road.

B. After each improvement project with the CITY is formally approved and accepted by CITY, CITY shall maintain the roadway improvements.

6. Surplus Money.

After the completion of the purpose of this AGREEMENT, any surplus money on hand will be returned to the parties to this agreement in proportion to the contributions they have made.

7. Accountability.

As required by Government Code section 6505, both parties to this AGREEMENT shall provide a report providing strict accountability of all funds received and disbursed for the road improvement projects.

8. Agreement Modification.

This AGREEMENT shall be subject to modification only with the written consent of the legislative bodies of both parties. Neither party shall unreasonably withhold its consent to modification for the implementation and accomplishment of the overall purpose for which this AGREEMENT is made.

9. Choice of Law.

This AGREEMENT is made in Contra Costa County and shall be construed in accordance with and governed by the laws of the State of California. Any action relating to this AGREEMENT shall be instituted and prosecuted in the courts of Contra Costa County, State of California.

10. Binding Effect.

This AGREEMENT will ensure to the benefit of and be binding upon the respective heirs, executors, administrators, successors, and assigns of COUNTY and CITY.

11. Duration.

This AGREEMENT will continue for four (4) years from the effective date, or until CITY has fully funded the Vasco Road improvement project and COUNTY has funded $450,000 worth of road improvement projects within the CITY whichever shall first occur. The obligations contained in section 4 will survive termination of this AGREEMENT.

12. Entire Agreement.

This AGREEMENT contains the entire understanding of the parties relating to the subject matter of this AGREEMENT. Any representation or promises of the parties relating to the work shall not be enforceable unless it is contained in this AGREEMENT or in a subsequent written modification of this AGREEMENT executed by the legislative bodies of both parties.

CONTRA COSTA COUNTY

By_______________________________
Chair, Board of Supervisors

ATTEST:
John Sweeten
Clerk of the Board of Supervisors and County Administrator


By______________________________
Deputy

RECOMMEND FOR APPROVAL:
Maurice M. Shiu
Public Works Director

By ______________________________


FORM APPROVED:
Silvano B. Marchesi
County Counsel

By _______________________________
Deputy

CITY OF BRENTWOOD

By _______________________________
Mayor

ATTEST:
Karen Diaz
City Clerk

By ________________________________

RECOMMEND FOR APPROVAL:
CITY Engineer

By _________________________________

FORM APPROVED:
CITY Attorney

By _________________________________

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