HomeMy WebLinkAboutCC Resolution 7595 (Canal Dredging Assessment District)RESOLUTION NO. 7595
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL AUTHORIZING EXECUTION OF
AGREEMENT WITH THE UNITED STATES OF AMERICA
FOR USE OF DISPOSAL SITE AT ALCATRAZ
SAN RAFAEL CANAL DREDGING ASSESSMENT
DISTRICT NO. 1
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY
RESOLVES as follows:
The Mayor and City Clerk are authorized to execute, on
behalf of the City of San Rafael, an agreement with the United States
of America for use of the disposal site at Alcatraz as part of the
San Rafael Canal Dredging Assessment District No. 1, a copy of which
is attached hereto and incorporated herein by this reference.
I, JEANNE M. LEONCINI, City Clerk of the City of San
Rafael, California, hereby certify that the foregoing resolution was
duly and regularly introduced and adopted at a regular meeting of the
Council of said City held on the 17th day of August, 1987, by the
following vote, to wit:
AYES: COUNCILMEMBERS:Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:None
JEAN E M. LEONCINI, City Clerk
AGREEMENT
BETWEEN THE UNITED STATES OF AMERICA
AND
THE CITY OF SAN RAFAEL
This Agreement is entered into this 17th day of August ,
1987, by and between the United States of America, hereinafter,
called the "Government", represented by the Contracting Officer,
executing this Agreement, and the City of San Rafael,
hereinafter called "The City".
Whereas, the San Rafael Creek Maintenance Dredging Project
was authorized by the Congress of the United States; and
Whereas, the City, local sponsor for this project, is unable
to provide the Corps with an adequate land disposal site for the
dredged material, and as an alternative has agreed to furnish
the funds necessary for the Government to use its own disposal
site at Alcatraz, SF -11.
NOW, THEREFORE, the parties agree as follows:
A. The City agrees to:
1. Provide, prior to the Government's bid opening of
the maintenance dredging construction contract, a check made
payable to the Finance and Accounting Officer, Sacramento
District Corps of Engineers, in an amount sufficient to
reimburse the Government for the costs of using SF -11, presently
estimated at $ 75,000. Said check shall be delivered care of
U.S. Army Corps of Engineers, San Francisco District; Attn:
Resource Management Office.
2. Provide to the Government, during.the performance
of the contract, such additional funds as may be necessary to
reimburse the Government for the costs of the Government using
SF -11, in the event that said costs should exceed the amount set
forth in paragraph A.1. above.
B. The Government agrees to:
1. Estimate and submit to the City a summary of the
unit prices which formed the basis of the Government's working
estimates for the use of SF -11.
2. Provide to the City a summary of the bidding on the
Government contract.
3. Return to the City, after the Government's final
payment to its contractor, any funds which were received
pursuant to paragr-,qhs A.1. and A.2. above, i„ an amount equal
to the difference between the Government estimate and the actual
project costs, providing the Government estimate is higher than
the actual costs; but in no case will the amount returned exceed
the amount contributed.
It. In the event the above-mentioned contract is not
awarded, return to the City all funds received pursuant to
Paragraph A.1. above.
C. The parties to this agreement further understand that if
the City fails to provide funds as required by this agreement,
the Government will not carry out the dredging project.
IN WITNESS WHEREOF, the parties hereto executed this Agreement
as of the day and year above written.
THE UNITED STATES OF AMERICA
GALEN YANAGIHARA
COL, CE
DISTRICT ENGINEER
U.S. ARMY CORPS OF
DATE
THE CITY OF SAN RAFAEL
P��
�WRENCE E.
4 70
MUL RYA�MA X
Attest:
ENGINEERS
JE M. LEONCINY, CITY CLERK
DATE
RECOMMENDED FOR APPROVAL:
Acting City Mana &_
FORM ROVED:
,
Director o Feu !ic WO S
I do hereby certify that I am the Legal Counsel for the City
of San Rafael, that the City is a legally constituted public
body with full authority and capability to perform the terms of
the Agreement between the United States and the City of San
Rafael in connection with the San Rafael Creek Maintenance
Dredging Project, and to pay damages, if necessary, in the event
of the failure to perform, and that the persons who have
executed this Agreement on behalf of the City of San Rafael,
have acted within their statutory authority.
Counsel for The City of
San Rafael
B Ya. ' - a �z
C ty Counsel
DATE /?j `W