OF SUPERVISORS OF THE COUNTY OF STANISLAUS ACTION AGENDA SUMMARY

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1 Click Here to Return to,&q$h OF SUPERVISORS OF THE COUNTY OF STANISLAUS ACTION AGENDA SUMMARY /& DEPT: PUBLIC WORKS. % BOARD AGENDA# *C-2 Urgent Routine AGENDA DATE JANUARY I 1 7 CEO Concurs with Recommendation YES- NO- 415 Vote Required YES (Information Attached) SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING (MOU) WlTH MODEST0 IRRIGATION DISTRICT REGARDING COSTS TO RELOCATE ELECTRIC UTILITIES IN COUNTY RIGHT- OF-WAY STAFF RECOMMEN- DATIONS: 1. APPROVE MEMORANDUM OF UNDERSTANDING (MOU) WlTH MODEST0 IRRIGATION DISTRICT; AND, 2. AUTHORIZE THE CHAIRMAN OF THE BOARD TO SIGN THE MOU WlTH MODEST0 IRRIGATION DISTRICT. FISCAL IMPACT: An escrow account was established in January 2001, with funds from Public Facility Fees ($149,922.77) and Public Works Road Fund ($28,663.25). In the Memorandum of Understanding (MOU), the County and District agree that all funds on deposit in the escrow account, including principal and accrued interest, are to be disbursed to the County. The funds, and associated interest, will be deposited into the Public Facility Fees and Road Fund accounts in the same proportion as originally expended.... BOARD ACTION AS FOLLOWS: NO On motion of Supervisor ---- l)lbrig$ , Seconded by Supervisor ---- P?hlla~~i and approved by the following vote, Ayes: Supenrisors:-Q1Bd~n,M~yfbld.-DaM~aia~!9~Cbdrman~rg~_e-r... Noes: Su~e~isors:-N-o~-e~-~~~~~~~~~~~~--~~--~~~... Excused or Absent: Supervisors:Sim~~, Abstaining: Supervisor:Nom... 1) X Approved as recommended 2) Denied 3) Approved as amended 4) Other: MOTION: ATTEST: CHRISTINE FERRARO TALLMAN, Clerk File No.

2 Click Here to Return to Agenda APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH MODEST0 IRRIGATION DISTRICT REGARDING COSTS TO RELOCATE ELECTRIC UTILITIES IN COUNTY RIGHT-OF-WAY PAGE 2 DISCUSSION: Frequently, the construction of roads requires that utility companies locate their facilities out of a construction area. In the case of Modesto Irrigation District (MID), this usually involves moving power lines out of a road reconstruction or widening area. In the past, there has not been a policy as to who is responsible to pay for the relocation of MID utilities. Until such time as a policy could be negotiated, it was agreed with MID that an escrow account would be formed. Funds for the relocation of utilities was placed into the escrow account by the County. This allowed construction projects to continue. An agreement has been negotiated with MID. Under the terms of this agreement: + MID will relocate, at no cost to the County, utilities that must be relocated as a result of a County road project for those road projects needed for the safety of the traveling public or to increase road capacity. + The relocations made necessary by development will, in general, be paid for by the developer. + To the greatest degree possible, the County will include utility relocation cost in grant applications for funding. + The County will coordinate all projects with MID so that relocation projects can be scheduled and materials obtained. The approval of this MOU will result in returning $1 78, from the escrow account established by MID and Stanislaus County for this purpose. POLICY ISSUES: This action is consistent with the Board's policy of providing a safe, healthy community. STAFFING IMPACT: There is no impad on staffing as a result of this action.

3 Click bere to Return to Agenda MEMORANDUM OF UNDERSTANDING BETWEEN STANISLAUS COUNTY AND MODEST0 IRRIGATION DISTRICT REGARDING RELOCATION OF ELECTRIC UTILITIES CG t c j li This MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into on June 24,2004 by the COUNTY OF STANISLAUS ("County"), and the MODEST0 IRRIGATION DISTRICT (the "District") with respect to the allocation of costs to relocate District electric utility facilities and improvements in County right-of-way when required by road improvement projects. RECITALS A. Whereas, the County has undertaken the following road improvement projects which require relocation of District utility facilities and improvements at the estimated cost that is listed for each project as set forth Exhibit A attached hereto. B. Whereas, the County and the District disagreed as to which party properly should pay the cost of utility relocation for these projects (the "Dispute") and, pursuant to the Escrow Agreement dated January 11,2001 (the "Escrow Agreement"), the District established an interest-bearing account into which the County deposited funds estimated to be the total compensation and cost for relocation of District utility facilities for the subject road improvement projects. C. Whereas, the Escrow Agreement provided that the deposited funds and accrued interest shall be disbursed as agreed to by both parties, and the County and District have negotiated a mutually acceptable resolution of the Dispute and disbursement of escrow funds.

4 Click Here to Return to Agenda, Now, therefore, the parties agree to resolve the Dispute and release the funds deposited into the escrow account on the following terms: 1. Allocation of Utility Relocation Costs. The County and the District agree that fkom and after the date of this MOU, the costs to relocate District electric utilities in the County right-of-way shall be allocated as follows: (a) The County will include a standard condition of approval for discretionary development projects approved by the County that requires the development to arrange with District to pay the District the cost of relocating its electric utilities within and adjacent to the project when relocation is directly caused by the project. District will provide a proposed condition to be used by the County. (b) The County will coordinate with District early in the planning process for road widening projects, but no later than September the year prior to the year in which the project is scheduled to take place, so that the District may incorporate the cost of relocating its utilities in the District's annual budget process. (c) To the greatest extent allowed by law, the County will include the cost of relocating District utility improvements in requests for Federal and State grants or other funding received by the County for the related road improvement and, if such grants include hnds to relocate utilities, the County will use that portion of grant hnds allocated for utility relocation for such purpose. (d) The District will relocate its electric utility improvements at its own cost when such relocation is made necessary as a result of a County road project conducted for

5 Click Here to Return to Agenda,. ' '.' & ' the safety of the traveling public, including projects constructed to increase road capacity for the general public. The District would reserve, however, the right to require payment from the County for facility relocations under other circumstances. 2. Disbursement of Deposited Funds. The County and the District agree to instruct the bank where funds were deposited into escrow by the County, that all funds on deposit, including principal and accrued interest, shall be disbursed to the County. 3. Indemnity. Neither party, nor any of its officers or employees, shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by the other party under or in connection with any work delegated to that party under this Agreement. The parties further agree, pursuant to Government Code Section 895.4, that each party shall fully indemnify and hold harmless the other party and its agents, officers, employees and contractors from and against all claims, damages, losses, judgments, liabilities, expenses and other costs, including litigation costs and attorney fees, arising out of, resulting from, or in connection with any work delegated to or action taken or omitted to be taken by such party under this Agreement. 4. Notices. Any notice or other communication required or permitted under this Agreement shall be sufficiently given if sent by United States mail first class, postage prepaid, addressed as follows, or such other address(es) as the parties may specify in writing: To District: Modesto Irrigation District Thomas S. Kimball Assistant General Manager of Electric Transmission and Distribution lth Street Modesto, CA To County: County of Stanislaus Director of Public Works Department Tenth Street, Suite Modesto, CA 95354

6 ' Click Here to Return to Agenda 5. Advice of Attorney. Each party warrants and represents that in executing this MOU it has received independent legal advice from its attorneys or the opportunity to seek such advice. 6. Construction. Headings or captions to the provisions of this MOU are solely for the convenience of the parties, are not part of this MOU, and shall not be used to interpret or determine the validity of this MOU. Any ambiguity in this MOU shall not be construed against the drafter, but rather the terms and provisions hereof shall be given a reasonable interpretation as if all parties had, in fact, drafted this MOU. The terms and provisions of this MOU may not be waived, altered, modified, or amended except in writing duly signed by an authorized officer of all parties. 7. Successors and Assigns. This MOU and the obligations of the parties under this MOU are binding upon the parties and their legal representatives, heirs, executors, administrators, trustees, successors, and assigns. 8. Governing; Law and Venue. This MOU shall be deemed to be made under and shall be governed by and construed in accordance with the laws of the State of California. Venue shall be in accordance with Code of Civil Procedure section Entire MOU. This MOU supersedes any and all other agreements either orally or in writing, between any of the parties herein with respect to the subject matter hereof, and contains all the agreements between the parties with respect to such matters. Each party acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party or anyone acting on behalf of any party which is not embodied herein, and that no other agreement, statement, or promise not contained in this MOU shall be valid or binding.

7 '. Clicg Here to Return to Agenda h * C" *# hereinabove mentioned. IN WITNESS WHEREOF, this MOU was executed on the date first COUNTY OF STANISLAUS By: Jeff Grover Chair of the Board of Supervisors "County" MODEST0 IRRIGATION DISTRICT By: -AL& Allen Short General Manager "District" ATTEST: Christine Ferraro Tallman Clerk of the Board of Supervisors of the County of Stanislaus, State of California APPROVED AS TO CONTENT: By: APPROVED AS TO FORM: Michael H. Krausnick County Counsel APPROVED AS TO CONTENT: / By: /~ul Tom Kimball Assistant General Manager, Transmission and Distribution APPROVED AS TO FORM: : : Y B JO Warren Assistant county ~o&sel Senior Staff Attorney V:\CO\jpd\Documents\PW\PW-PROJ\MID Relocation\MID Utility Relocation MOU.wpd

8 Click Here to Return to Agenda. -. L..-., '. RESOLUTION NO APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN STANISLAUS COUNTY AND MODEST0 IRRIGATION DISTRICT REGARDING RELOCATION OF ELECTRIC UTILITIES WHEREAS, Stanislaus County ("County") has undertaken certain road improvement projects which require relocation of District utility facilities and improvements; and WHEREAS, the County and the Modesto Irrigation District ("District") disagreed as to which party properly should pay the cost of utility relocation for these projects (the "Dispute") and, pursuant to the Escrow Agreement dated January 11,2001, the District established an interest-bearing account into which the County deposited funds estimated to be the total compensation and cost for relocation of District utility facilities for the subject road improvement projects; and WHEREAS, the Escrow Agreement provided that the deposited funds and accrued interest shall be disbursed as agreed to by both parties, and the County and District have negotiated a mutually acceptable resolution of the dispute and disbursement of escrow funds. BE IT RESOLVED, That the Board of Directors of the Modesto Irrigation District does hereby approve and authorize the General Manager to execute the MEMORANDUM OF UNDERSTANDING BETWEEN STANISLAUS COUNTY AND MODEST0 IRRIGATION DISTRICT REGARDING RELOCATION OF ELECTRIC UTILITIES," upon final legal approval. Moved by Director Hensley, seconded by Director Van Groningen, that the foregoing resolution be adopted. The following vote was had: Ayes: Directors Billington, Hensley, Kidd, Van Groningen and Warda Noes: Directors None Absent: Directors None The President declared the resolution adopted. I, Vickie Ehrler, Secretary of the Board of Directors of the MODEST0 IRRIGATION DISTRICT, do hereby CERTIFY t6at the foregoing is a full, true and correct copy of a resolution duly adopted at a regular meeting of said Board of Direc of the Modesto Irrigation District

9 ClicK Here to Return to Agenda f. -,*> - *..>A EXHIBIT A Estimated Cost of Utilitv Relocation for Road Improvement Projects 12/27/01 $ Estimated Cost Project 25, Claribel Oakdale Road 16, Claribel Claus Road 28, Finch Mariposa Road 65, Kiernan Stoddard Road 42, Albers Road Widening Project 178, TOTAL