HomeMy WebLinkAbout10/19/2004, C14 - AGREEMENT WITH SAN LUIS OBISPO COUNTY FOR SURVEYING SERVICES ASSOCIATED WITH SUBDIVISION MAP CHECKI council M o�
October 19,.2004
j acEnaa Repoat CA
C I T Y O F SAN LU I S OBISPO \
FROM: Jay D. Walter,P.E.—Acting Director Public Wor /City Engin Q
Prepared By Robert Livick, P.E.—Supervising Civil Engineer
SUBJECT: AGREEMENT WITH SAN LUIS OBISPO COUNTY FOR SURVEYING
SERVICES ASSOCIATED WITH SUBDIVISION MAP CHECKING
CAO RECOMMENDATION
Approve an agreement with San Luis Obispo County for surveying services associated with
subdivision map checking.
DISCUSSION
Commencing October 18, 2004, with the retirement of Michael McCluskey, the City of San Luis
Obispo Public Works Department will no longer have anyone on staff authorized to practice land
surveying as defined in §8700 et seq of the Professional Land Surveyors Act. As an alternative to
the City Engineer certifying that the map is technically correct, §66431 of the Subdivision Map
Act authorizes, with approval of the legislative bodies, the County Surveyor to perform the duties
of the City Engineer as defined in the Subdivision Map Act. City and County Public Works
staffs, in conjunction with their respective legal counsel, have prepared an agreement for the
County Surveyors office to perform the technical map checking along with other incidental
surveying duties on behalf of the City Engineer. The City Engineer, or person designated by the
City Engineer, shall certify the subdivision maps are in substantial conformance with the approved
tentative map; and that the map conforms to the provisions of the State Subdivision Map Act and
that of any applicable local ordinances in effect at the time of tentative map approval. The County
Surveyor will only be certifying that the map is technically correct from a surveying perspective.
Because the Director of Public Works position has yet to be filled, it is unknown how the issue of
survey and map review will be rectified in the near future. Although not required in current job
descriptions, individuals in the Public Works Land Development section are pursuing their survey
licenses but have yet to obtain them. This may be one solution to this issue if a license is obtained
in the future. Once the Public Works Director's position is filled and that individual's licensing
abilities are known a long term solution to this issue will be determined.
FISCAL IMPACT
The costs for the San Luis Obispo County Surveyor's office to perform map checking, and other
incidental surveying duties will be billed on a monthly basis at the County labor rate plus overhead
(currently between $64.06 and $75.55 per hour depending on the.staff person map checking). The
amount of time to perform the technical map checking varies and is based on the complexity of the
subdivision and the quality of the map submitted. City staff estimates that the total annual cost for
the additional technical map services with the County Surveyor should be approximately$7,500 per
year. The additional cost for the technical map checking services will be in the,,short term, bome
i
Agreement with San Luis Obispo County for-Surveying Services Page 2
through salary savings due to the retirement of the Public Works Director. City Public Works staff
will continue to perform technical map check prior to transmitting the map to the County Surveyor
in order to keep the costs as low as possible and to maintain surveying skills.
ALTERNATIVES
We could contract with a private Land Surveyor to perform the technical map checking on behalf of
the City Engineer. However, based on an informal poll of local survey companies, there is little
interest in performing this work due to potential conflicts of interest: they would be precluded from
doing any private work that would require certification by the City. We could also consider
contracting with an out-of-area firm. However, this would delay processing of maps; and is likely
to be more expensive than contracting with the County: an informal survey of costs showed an
average hourly rate of$135 in the private sector versus the County's costs of$64 to$75 per hour.
ATTACHMENT
Agreement
1:\I Council Agenda Reports\2004 agenda reportsUransponation and Development Review(Bochum)\Development Review(Lvick)\CAR Agreement
with SLO County for Map Checking.doc
ATTACHMENT 1
AGREEMENT FOR COUNTY SURVEYOR SERVICES BETWEEN THE
COUNTY OF SAN LUIS OBISPO AND THE CITY OF SAN LUIS OBISPO
THIS AGREEMENT is made and entered into this day of ,
2004, by and between the CITY OF SAN LUIS OBISPO, a charter municipal
corporation of the State of California, hereinafter referred to as "City," and the COUNTY
OF SAN LUIS OBISPO, a political subdivision of the State of California, hereinafter
referred to as "County."
WITNESSETH:
WHEREAS, the City, mindful of its duties and responsibilities to protect and
maintain the health, safety, and welfare of its citizens, finds it necessary to regulate and
control the enforcement of surveying law, surveying duties under the Subdivision Map
Act, and other surveying duties and services within the City, and has determined that
the best interest of the City would be served by having the service provided by the
County for said purpose; and
WHEREAS, the City desires to obtain the services of the County Surveyor for the
enforcement in the City of State laws and City ordinances; and
WHEREAS, pursuant to Section 66431 of the Government Code, County and
City may contract for performance by the County Surveyor or other County employees
under the direction of the County Surveyor of any or all functions relating to and in
connection with the enforcement of surveying, land division and other pertinent laws
within the City; and
WHEREAS, the County is willing to render the service of the County Surveyor as
herein defined, within the City, upon the terms and conditions hereinafter set forth.
b
NOW, THEREFORE, in consideration of the mutual promises, covenants, and
conditions herein contained, the parties hereto agree as follows:
1. Scope of Service. The parties agree that the County Surveyor and County
employees under the direction of the County Surveyor shall perform those surveying
services required by law of a City Engineer/City Surveyor within the City to the extent
that those services would normally be performed by a City Engineer or City Surveyor.
This agreement shall not cover or affect those services of the office of County Surveyor
which are a legally required function of that office throughout the County, whether within
incorporated areas or not. In addition, this agreement shall not cover any duties of the
City Engineer not involving surveying practice. All services shall be provided at the
office of the County Surveyor, County Government Center, Room 207, San Luis
Obispo, California unless other arrangements are agreed to by the parties. Services
shall include, but not be limited to:
(a) Subdivision Mao Checking. Perform map and document review and
approval of surveying requirements for recordation of City-approved projects including,
but not limited to, review of Tract and Parcel Maps, Lot Line Adjustments, Voluntary
Mergers, and Certificates of Compliance. Review of documents will be completed and
returned to the City within twenty (20) days of receipt unless otherwise agreed between
the parties.
(b) Advisory and Miscellaneous Services.
(1) Advise City officials and employees on surveying practice
and taking all official acts required of a City Engineer/City Surveyor relating to surveying
practice, and surveying requirements for land division and related official duties.
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(2) Upon receiving written prior notification by City, attend
scheduled City hearings.
(3) Upon receiving written prior notification by City, attend
scheduled court appearances or other meetings or hearings.
(4) On a quarterly basis, provide the City with a detailed activity
report.
2. Service Charges to City. The City shall reimburse the County for costs of
those services set forth in this agreement rendered by the County Surveyor and other
employees of the San Luis Obispo County Department of Public Works. For all
services rendered by County personnel, the City shall be charged and pay to the
County all labor costs plus overhead, including overtime rates for evening or weekend
work. City shall pay all other incidental fees. Such payments shall be made within
thirty (30) days of billing by County.
3. Interpretation/Application of City Code and State Laws. City shall be
responsible for the legal work associated with the interpretation and prosecution of its
ordinances, and defense of their content and application. The County Surveyor may
consult with County Counsel and the San Luis Obispo City Attorney regarding the
performance of the official duties of his office, including those applicable to this
agreement.
4. Independent Contractor. It is expressly understood between the parties to
this agreement that no employer/employee relationship is intended and that the
relationship of County to City is that of an independent contractor; not be way of
limitation of the foregoing, however, the City shall advise the County Surveyor in the
implementation and enforcement of its municipal code pursuant to this agreement.
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5. Service.to Public and Complaints. The County shall maintain telephone
service for the receipt of inquiries, calls or complaints and shall be available for such
calls on all working days which are not a County holiday from 8:00 a.m. to 5:00 p.m. All
services shall be provided at the office of the County Surveyor, County Government
Center, Room 207, San Luis Obispo, California unless other arrangements are agreed
to by the parties.
6. Indemnification. County, its officers and employees, shall not be deemed to
assume any liability for any action or inaction of City, or of any officer or employee
thereof, and City shall defend, indemnify, and save harmless the County of San Luis
Obispo, its officers and employees against any and all loss, damage, liability, expense,
judgments, attorney fees, claims or demands of whatever character, direct or
consequential, directly or indirectly contributed to or caused by County assuming and
acting as the City Surveyor for and on behalf of the City.
7. Record Keeping. The office of the County Surveyor shall keep records
of all actions taken on behalf of the City under this agreement and shall maintain
separate files for City of San Luis Obispo records in accordance with law.
8. Term of Agreement. This agreement shall be effective on the date of
execution and shall terminate on , 2004, subject,
however, to the provisions of Paragraph 9 below. If the parties have not entered into a
new agreement for the services set forth herein to commence after the termination of
this agreement, this agreement shall be automatically extended for a period not to
exceed ninety (90) days from its expiration date under the same terms and conditions
as are set forth in this agreement, unless thirty (30) days prior to such expiration date
either of the parties notifies the other in writing that such extension is not accepted.
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The rights and obligations of Paragraph 6, "Indemnification," shall survive any such
termination.
9. Termination of Agreement for Convenience of Either Party. Either party may
terminate this agreement at any time by giving to the other party sixty (60) days written
notice of such termination. Termination shall have no effect upon the rights and
obligations of the parties arising out of any transaction occurring prior to the effective
date of such termination. County shall be paid for all work completed prior to the
effective date of said termination.
10. Ownership of Documents. All reports and documents prepared by County
under this agreement are the joint property of the City and the County.
11. Assignment or Transfer of Contract: County shall not assign, transfer or
subcontract this agreement or any interest therein without the prior written consent of
the City.
12. Effect of waiver. County's or City's waiver of the breach of any one term,
covenant, or provision of this agreement shall not be a waiver of a subsequent breach
of the same term, covenant, or provision of this agreement or of the breach of any other
term, covenant, or provision of this agreement.
13. Judicial enforcement. Enforcement shall be by proceeding at law or in
equity, either to restrain a violation or an attempted violation or by suit to recover
damages against any person or persons violating or attempting to violate any covenant
or restriction contained herein.
14. Law governing and venue. This agreement has been executed and
delivered in, and shall be interpreted, construed, and enforced pursuant to and in
accordance with the laws of the State of California. All duties and obligations of the
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parties created hereunder are performable in the County of San Luis Obispo, and such
County shall be that venue for any action, or proceeding that may be brought, or arise
out of, in connection with or by reason of this agreement.
15. Enforceability. If any term, covenant, condition, or provision of this
agreement is held by a court of.competent jurisdiction to be invalid, void, or
unenforceable, the remainder of the provisions hereof shall remain in full force and
effect and shall in no way be affected, impaired, or invalidated thereby.
16. Notices. Unless otherwise provided, all notices herein required shall be in
writing, and delivered in person or sent by United States first class mail, postage
prepaid. Notices required to be given to County shall be addressed as follows: Glen L.
Priddy, County Surveyor, Public Works Department, County Government Center, Room
207, San Luis Obispo, California 93408. Notices required to be given to City shall be
addressed as follows: Jay Walter, Acting Public Works Director/City Engineer, Public
Works Department, 955 Morro Street, San Luis Obispo, California 93401.
Provided that any party may change such address by notice in writing to the
other party, and thereafter notices shall be addressed and transmitted to the new
address.
17. Proiect Managers. The project managers designated by each party to this
Agreement for the administration and implementation of this agreement are: (a) Rob
Livick, Supervising Civil Engineer, City of San Luis Obispo, and (b) Richard Marshall,
Development Services Engineer, County of San Luis Obispo..
18. Entire agreement and modifications. This agreement sets forth the full and
entire understanding of the parties regarding the matter set forth herein, and any other
prior or existing understandings or agreements by the parties, whether formal or
informal, regarding such matters are hereby superseded or terminated in their entirety.
No changes, amendments, or alterations to the provisions of this agreement shall be
effective unless in writing and executed by the parties hereto or their assigns and
successors in interest.
19. Section Headings. The section headings appearing herein shall not be
deemed to govern, limit, modify or any manner affect the scope, meaning or intent of
the provisions of this agreement.
20. Interpretation. The terms and conditions of this agreement shall be
construed pursuant to their plain and ordinary meaning and shall not be interpreted
against the maker by virtue of that party having drafted the agreement.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of
the day and year first above written.
CITY OF SAN LUIS OBISPO
By:
Mayor of the City of San Luis Obispo
ATTEST:
City Clerk of the City of San Luis Obispo
APPROVED AS TO FORM:
By:
J ATHAN LOWELL
City Attorney
Dated: 4C7. /i Za o f
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APPROVED AS TO CONTENT:
By:
Acting Public Works Director
Dated:
COUNTY OF SAN LUIS OBISPO
By:
Chairman of the Board of Supervisors
ATTEST:
Clerk of the Board of Supervisors
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM, JR.
County Counsel
By:
Deputy County Counsel
Dated:
APPROVED AS TO CONTENT:
By:
Public Works Director
By:
County Surveyor
Dated:
10436ktagr.wpd
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council memoizAn bum
October 15, 2004 RECEIVED
TO: City Council OC I 15 2004
VIA: Ken Hampian—City Administrative Officer SLO CITY CLERK
0000
FROM: Jay Walter, P.E.-Acting Public Works Direc
Robert Livick, P.E. —Supervising Civil Engineer
SUBJECT: October 19, 2004 Consent Item #C-14: Agreement with San Luis Obispo County
for Surveying Services Associated with Subdivision Map Checking
Attached for your review is a revised agreement between the City and County.
County Counsel revised paragraph 8 on page 4 to include the agreement termination date of
October 26, 2005. This date is one year after the anticipated Board of Supervisors approval of
this item at their next meeting on October 25, 2004.
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5.. Service to Public and Complaints. The County shall maintain telephone
service for the receipt of inquiries, calls or complaints and shall be available for such
calls on all working days which are not a County holiday from 8:00 a.m. to 5:00 p.m. All
services shall be provided at the office of the County Surveyor, County Government
Center, Room 207, San Luis Obispo, California unless other arrangements are agreed
to by the parties.
6. Indemnification. County, its officers and employees, shall not be deemed to
assume any liability for any action or inaction of City, or of any officer or employee
thereof, and City shall defend, indemnify, and save harmless the County of San Luis
Obispo, its officers and employees against any and all loss, damage, liability, expense,
judgments, attorney fees, claims or demands of whatever character, direct or
consequential; directly or indirectly contributed to or caused by County assuming and
acting as the City Surveyor for and on behalf of the City.
.7. Record Keeping. The office of the County Surveyor shall keep records
of all actions taken on behalf of the City under this agreement and shall maintain
separate files for City of San Luis Obispo records in accordance with law.
8. Term of Agreement. ement shall be effective on the date of
execution and shall termin eonOctober 215,:'2005, subjec however, to the provisions
of Paragraph 9 below. If the parties have not entered into a new agreement for the
services set forth herein to commence after the termination of this agreement, this
agreement shall be automatically extended for a period not to exceed ninety (90) days
from its expiration date under the same terms and conditions as are set forth in this
agreement, unless thirty(30)days prior to such expiration date either of the parties
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