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HomeMy WebLinkAboutResolution No. 5364RESOLUTION NO. 5364 A RESOLUTION AUTHORIZING THE SIGNING OF A LEASE OR AGREEMENT 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 a lease or agreement with THE STATE DEPARTMENT OF PARKS AND RECREATION 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 third day of to wit: October , 1977 , by the following vote, AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None JUNNE M. LEONCIN , City Clerk 140A/10 ORI G1-D`TAL,:f2, f,'�'� 2 __ STMARD AGREEMENT ATTO^RrJEr GENERAL STATE OF ':ALIFOPNIA ST'). 2 (HEV. 11/751 THIS AGREEMENT, made and entered into this —10-tb—day of_OCtober 19-_ in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting ITLE OF OFFICER ACTING FOR STATE area/ter called the State, and ❑ STATE AGENCY DEPT. OF GEN. SE ❑ CONTROLLER °❑ El NUMBER City of San Rafael :reaftercalled the Contractor. 'ITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the Stat ereinafter expressed, does hereby agree to furnish to the State services and materials, as follows: et forth service to be rendered by Ccmtructur,amount to be puid Cuntructor, time for performance or completion, and attach plans and specifications, if Imy.) This Amendment No. 1, made and entered into this.10th day of October, 1977, by and -between the state and Contractor; and WHEREAS, there is a Standard Agreement No. 36-06-023 dated the 10th of October, 1976, by and between the State and Contractor; and WHEREAS, it is desirous by the parties hereto that said Agreement shall be amended; NOW, THEREFORE, it is mutually agreed as follows: Page 2, #10, which now reads: "The contract period shall be from the date of the signed Agreement and continuing for ONE FULL YEAR.11 is now amended to read: "The contract period shall be from the date of the signed contract and shall continue until April 10, 1978: Except as amended herein, ,all other, provisigns•o: Standard AgreementNo. 36-06-023 dated, the 10th of October, 1976, shall remain in full force and effect. The provisions on the reverse side hereof constitute a part of this agreement. I WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA CONTRACTOR GENCY CONTRACTOR (Ir OTHER THAN AN INDIVIDUAL, STATE WNETNER A CORPORATION PARTNERSHIP, ETC.) Y (AUTHORIZED SIGNATU1r1E) BY IAUTHO ED,,�,TPNATUREEI t ITLE TITLE Services Office INUED ON -SHEETS. Department of General Services Use ONLY 11 Mayor, City of San Rafael ADDRESS ARING NAME OF CONTPACTOR) It 41 LY IIC11 1 . ITVV AMOUNT ENCUMBERED APPROPRIATION S Time extension o1'ay UNENCUMBERED BALANCE ITEKI CHAPTER ADJ. INCREASING rNCUMBRANCE FUNCTION ADJ. DECREASING ENCUMBRANCE I LINE ITEM ALLOTMENT I heraby certify upon my rnuI personul knnwledge that hudgeted fund: am nvuiluhlr. fnr ►h': Iwritul and purpose of the. expenditure stud -d uhnve SIGNATURE OF ACCOUNTING OFFICER FUND National Park ServicE STATUTES I FISCAL YEAR T.B.A. NO. B. R. NO. DATE 1 hereby certify that ull conditions for exemptinn set forth in State Administrative Manual Section 1209 have: burn complied with and this document is exampt from review by the Department of Finance. SIGNATURE OF OFFICER SIGNING ON BEHALF OF THE AGENCY DATE P Harold K. Schone 7W 1. The Contractor agrees to -indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the perfonnance of this contract, and from any and all claims and losses accruing or resulting to any person, -firm or corporation who may be injured or damaged by the Contractor in the performance of this contract. 2. The Contractor, and the agents and employers of Contractor, in the performance of this agreement, shall act in an independent capacity and not as officers or employees -or agents of _ 'State of California. d - _ - - •3. The State may terminate this agrecme•nt and be relieved of the payment of any consideration :to.Contrac•tor should Contractor fail to perform the covenants herein contained -at the time and. in the manner herein provided. In the evew of such termination the State may proceed with the work in any m;uiner deemed proper by the State•. The cost to the State shall he deducted from . any sum clue the Contractor under this agreement, and the balance, if any, shall. be paid the Contractor upon,demaI d. - _ (!_frac o _-L Without'the written -cons(4t of the State, this agreement is not'assignable' by Contractor, either in whole or in part. ti S. Time is the essence of this agreement. 6. No alteration or variation of the terms of this contract shall he valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall he binding on any of the parties hereto. -7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. le•e,;�,=: •� .t. 'iG `�;; I.. �'iC•`;"i� a .. ...