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HomeMy WebLinkAboutCC Resolution 6895 (Electrical Equipment Maintenance)RESOLUTION NO. 6895 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 1 TO AGREEMENT NO. 5043-C WITH THE STATE OF CALIFORNIA FOR MAIN- TENANCE OF CITY -OWNED ELECTRICAL EQUIPMENT OFF STATE HIGHWAYS, SAN RAFAEL, CALIFORNIA 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, Amendment No. 1 to Agreement No. 5043-C, with the State of California for maintenance of City - owned electrical equipment off State highways, a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, City 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 20th day of August, 1984, by the following vote, to wit: AYES: COUNCILMEMBERS:Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:Breiner JE . LEONCINI, City Clerk AMENDMENT NO.1 CITY OF SAN RArAFL DATE: May 29, 1984 AMENDMENT OF AGREEMENT NO. 04-5043-C entered into by and between the Citv of San Rafael , hereinafter referred to as "the City", and the Business and Transportation Agency of the State of California, acting by and through the Department of Transportation, hereinafter called the "Department". WITNESSETH: WHEREAS, an Agreement for Maintenance of traffic signals and intersection lighting was executed by the City and by the Depar tment eg?ell ile -,Wy ; and WHEREAS, said Agreement by its terms provides that it may be modified or amended at any time upon mutual consent of the parties; and WHEREAS, the parties hereto now desire that said Agreement be amended, NOW, THEREFORE, it is understood and agreed that said Agreement be and the same is hereby amended in accordance with the attached Page Two dated May 29, 1994 which attached page shall be substituted for like named page in said Agreement, and shall cancel and supersede such like named page, becoming a part of said Agreement for all purposes. herein, means ti District Director of the =partment of Trans- portation assigned to the territory in which the CITY is located, or his authorized representative. (b) To reimburse STATE for the actual cost of said mainte- nance, including assessments for indirect charges to be made at rates which are in effect at the time said costs arise. The amount shown on Exhibit "A", attached hereto, is only an estimate. It cannot take into account all possible contingencies. (c) That Exhibit "A" may be amended when additional signalized intersections are added or when it becomes evident that the estimated amount is consistently too low or too high. (d) That said maintenance will be done as the work load of STATE's forces permits and if said work load becomes too great, this Agreement may be terminated sixty calendar days after CITY receives written notice from STATE. (e) To indemnify and save STATE, its officers, agents and employees harmless from any and all liability for injuries to persons or damage to property caused or resulting in any manner from STATE's performance under this Agreement, excepting for injuries tc person or damage to property caused or resulting from the sole negligence or willful misconduct of STATE, its officers, agents and employees. SECTION II For and in consideration of the covenants and conditions to be kept and performed by CITY as set forth herein, STATE agrees: (a) To maintain traffic control signal systems at locations shown in Exhibit "A" in accordance with the provisions of Section 27 of the Streets and Highways Code when requested by CITY. -1)- a AMFNDMFNT NC. 1 May 29, 1984 IN WITNESS VTHEREOF, the parties hereto have set their hands and seals the day and year first above written. By CITY SAN RAFAFL B Y� e v� yor Attest Ci`.y Clerk STATE OF CALIFORIIIA DEPARTMENT OF TRANSPORTATION LEO J. TROMBATORE Director of Transportation By Deputy rict Director DATE