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HomeMy WebLinkAboutCC Resolution 7968 (Gerstle Park Playground Funding)RESOLUTION NO. 7968 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael a contract, lease or agreement with the County of Marin and the City of San Rafael re. Gerstle Park Playground Funding (From July 1, 1988 to June 30, 1989) a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a Regular meeting of the City Council of said City held on Monday the 15th day of May , 19 89 by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & NOES: COUNCILMEMBERS: None Mayor Mulryan ABSENT: COUNCILMEMBERS: None EA -NNE M. LEONCINI, CITY CLERK AGREEMENT THIS AGREEMENT, made and entered into this 15th day of Mav • 1988, by and between the COUNTY OF MARIN, a political subdivision of the State of California, hereinafter referred to as "County", and CITY OF SAN RAFAEL (GERSTLE PARK FUND), hereinafter referred to a "City. WITNESSETH: In consideration of the mutual promises and covenants hereinafter contained, the parties hereto do hereby agree as follows: 1. City shall, in a satisfactory and proper manner, as determined by County, supply all necessary facilities, supplies and staff required for satisfactory performance of, and shall perform those certain services described and set forth in the Program Description attached hereto as Exhibit A and made a part hereof. Said program shall be available to any resident of Marin County who is eligible under the standards specified in Exhibit A. 2. The parties agree that nothing contained in this Agreement shall be construed to create an employment or agency relationship between City and County. City and County agree that City is an independent contractor, and all personnel staffing the programs enumerated herein shall be employees of City or its delegate agencies. It is understood and agreed that County shall have no direct control of or responsibility for employees of Contractor or its delegate agencies. 3. In consideration of City performing those services articulated in Exhibit A, County agrees to pay City or its delegated fiscal agent, the sum of not to exceed $2,500. Said sum is to be payable, on demand, as follows, subject to timely receipt of required reports and compliance with insurance requirements as hereinafter provided: a. Within 10 days of execution of Agreement, County shall pay City $2,500. 4. City shall expend the subject funds in accordance with the Program Budget attached hereto as Exhibit B and made a part hereof. City shall submit to County quarterly financial reports showing expenditure of the subject funds. City shall render a final accounting to County not later than July 15, 1989. Should City's expenditures be less than $2,500, City shall return the difference to County not later than August 1, 1989. 5. City agrees that the amount specified in paragraph 3 above shall be reduced by the amount of any funds not specified in Exhibit B received by City from any governmental body or public or private organization, including the United Way, when such funds are provided no C�a Y for the purpose of supporting the identical program and level of service described in the attached Exhibit A. City further agrees that it shall promptly report the receipt of any such funds to the County. 6. City shall maintain, on a current basis, complete program and financial records and accounts, to assure proper accounting of the expenditure of funds and the performance of services pertaining to this Agreement. City shall retain said records for three years after the expiration or termination of this Agreement unless permission to destroy them is granted in writing by County. 7. Should County wish to do so, it may undertake an independent audit and/or evaluation of City's records and accounts of expenditures and program activities at its own expense, and City agrees to furnish all items necessary in County's discretion to complete said audit and/or evaluation, subject to restrictions on confidentiality as may be required by law. Said audit and/or evaluation may include, but shall not be limited to, the expenditure or receipt of program funds, program quality, the number and service characteristics of City's clientele, and the relationship of City's services provided by other agencies in the community. 8. None of the services described in Exhibit A shall be subcontracted nor shall any interest in this Agreement be assigned by City without the prior written consent of County. 9. City shall not discriminate against anyone employed in the performance of this Agreement, or against any applicant for employment because of sex, race, creed, color, age, national origin, or handicapping condition. This requirement shall apply to, but not be limited to, the following: employment, upgrading,demotion, or transfer - recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. 10. City shall, in the performance of this Agreement, comply with all applicable laws, ordinances, regulations and codes of the Federal, State and local governments. 11. None of the funds, materials, property or services hereunder contributed by County or City shall be used except in the performance of this Agreement. No funds shall be used for any partisan political activity, to further the election or defeat of any candidate for public office, or for any religious worship, instruction or proselytization. 12. City shall indemnify, defend and hold harmless the County of Marin, its officers, agents, and employees, from any and all claims, liabilities or causes of action, including contractual claims for injuries or death to persons, or damage to persons or property, arising out of or in connection with the organization, promotion or operation -2- of any program funded pursuant to this Agreement. In this connection, City agrees to maintain public liability insurance with limits of $100,000 per person and $300,000 per accident for bodily injury, and $25,000 for property damage, naming the County of Marin and its officers and employees as additional insured during the term of this Agreement. Prior to payment of any and all claims under this Agreement, City shall provide County with evidence of said insurance by filing with County and keeping up to date a certificate by the insurer to the effect that the insurance required by this Agreement is extended in favor of "the County of Marin, its officers, agents and employees". Said certificate shall further state the insurance policy number, the effective dates (both commencement and expiration) of the policy, the kinds and levels of insurance provided, and that the policy provides that notice of cancellation, termination, or any material change in coverage shall be delivered to County ten (10) days in advance of the effective date of such cancellation, termination or change. 13. This Agreement, including the exhibits attached hereto and made a part hereof, can be amended only by written agreement of the parties hereto. 14. This Agreement shall continue from July 1, 1988 to June 30, 1989, unless earlier terminated as hereinafter provided. Either party hereto shall have the right to terminate this Agreement at any time upon giving the other party hereto at least thirty (30) days' written notice prior to the effective date of such termination. In the event of termination, then County's obligation to City hereunder shall terminate forthwith, and City will no longer be obligated to operate said programs, with the exception that City will be obligated to provide and/or maintain the reports and audits provided for in Sections 4, 6 and 7. 15. Without prejudice to the foregoing, City agrees that if, prior to termination or expiration of this Agreement, it is determined by County, upon any final or interim audit by County, that City shall have failed in any way to comply with any requirements of this Agreement, then City shall forthwith bring itself into compliance and shall pay to County forthwith whatever sums are so disclosed to be due to County or shall, at County's election, permit County to deduct such sums from whatever amounts remain not yet disbursed by County to City pursuant to this or any subsequent Agreement; or if this Agreement shall have terminated or expired, and it shall be disclosed upon such audit, or otherwise, that such failure shall have occurred, City shall pay to County forthwith whatever sums are so disclosed to or determined by County to be due to County. In the event of litigation between County and City arising out of this Agreement, the prevailing party shall be entitled to recover its attorney's fees from the other party in such an amount as may be fixed by the court. 16. This Agreement shall not be assigned without the prior approval of the Board of Supervisors of the County of Marin. -3- 17. Notice under this agreement shall be delivered to County in care of: Board of Supervisors Room 315, Civic Center San Rafael, CA 94903 and to City at: Sharon McNamee Recreation Department P.O.Box 60 San Rafael, CA 94915-0060 IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first written above. ATTEST: �en N. Ledpcini, City Clerk COUNTY OF MARIN BY Co6nty Administrator CIVSAN RAF�EL ty Mayor Lawrence E. Mulryan -4- EXHIBIT A PROJECT DESCRIPTION Gerstle Park Playground Improvement will include renovation of the basketball court, redesign and installation of pre-school and elementary play- ground areas and improved barbeque area. All facilities will be handicap accessible. EXHIBIT B GERSTLE PARK PLAYGROUND PRELIMINARY COST ESTIMATE 1. Demolition/grading/drainage 81500. 2. Curb, path, steps, seating 18,500. 3. Asphalt basketball court 5,800. 4. Playground sand 5,000. 5. Playground structures (2) 25,000. 6. Misc. amenities, benches, barbeques, picnic tables 2,690. 7. Relocate light pole 3,000. Contractor Cost (20%) 13,698. Architect'Engineer (12%) 10,000. 92,050.