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
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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.
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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
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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.