HomeMy WebLinkAboutResolution No. 4712RESOLUTION NO. 4712
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
State of California, Department of Navigation and Ocean Develop-
ment. (Police/Fire Boat)
A copy of which is hereby attached and by this reference made a
part hereof.
I, MARION A. GRADY, 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 6th'
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da of May 19 rc , by the following vote,
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AYES: COUNCILMEN: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
MARION A. GRADY
City Clerk
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EQUIPMENT AND OPERATION AGREEMENT
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BOATING SAFETY AND ENFORCEMENT GRANT
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THIS AGREEMENT is made and entered into this 24th day of July, 1971
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by and between the State Department of Navigation and Ocean Development and
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the City of San Rafael.
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THE FOLLOWING TERMS are defined and hereinafter referred to 9s follows:
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DEPARTMENT - The State of California acting by and through the Department
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of Navigation and Ocean Development.
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CITY - The City of San Rafael.
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FEDERAL FUNDS - Those funds appropriated by the Federal Government under
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the Federal Boat Safety Act of 1971.
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CITY FUNDS - Any funds appropriated for, or otherwise provided by CITY
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for operation and maintenance of a PATROL BOAT.
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TERM OF OPERATION - That period of time commencing on the date first
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herein -appearing and terminating five (5) years thereafter.
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- PATROL BOAT - Patrol vessel for use in boating safety and boating -law
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en*. orc meat.
W I T NES SE T H
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%�iEREAS, pursuant to Section 61.4 of the Harbors and Navigation Code, i
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the Director of DEPARTMENT, with the approval of the Director of Finance, may
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accept on behalf of DEPARTMENT Federal grants for the purposes for which the
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DEPARTMENT is established; and
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WHEREAS, FEDERAL FUNDS have been provided to DEPARTMENT for the purpose
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of improving boating safety and law enforcement; and
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MiEREAS, DEPARTMENT finds that an improved boating safety and law
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enforcement program can be accomplished if funds are provided for the purpose
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of patrolling the navigable waters of the State; and
WHEREAS, CITY is desirous of improving its boating safety and law enforce -
6 ment program; and
WHEREAS, DEPARTMENT and CITY desire to enter into an agreement to provide
for the operation and maintenance of a boating safety PATROL BOAT:
NOW, THEREFORE, in consideration of the mutual promises and covenants
herein contained, the parties hereto hereby agree as follows:
1. CITY will buy in accordance with DEPARTMENT specifications one (1)
PATROL BOAT, and DEPARTMENT will use FEDERAL FUI:DS to reimburse the CITY for
cost of same (not to exceed $20,000).
2. During TERM OF OPERATION, CITY shall, with funds available to CITY,
operate and maintain PATROL BOAT, or cause to be operated and maintained, and
DEPARTMENT shall not be held liable for the cost of said operation and main-
tenance, except as otherwise specified herein. Such maintenance shall in -
elude, but not be limited to, keeping PATROL BOAT in good repair.
3. During TERM OF OPERATION, CITY shall keep complete and accurate
records of all expenditures pertaining to the operation and ma i ntena nce c f
PAT; O! BOAT, and said records shall, a: all rea=sonable times, be open and
available for inspection and audit by any culy auth-orized official of
DEP„RTMEN T .
4. CITY shall patrol an average of twenty (20) hours per week.
S. CITY agrees to replace, at CITY expense, the PATROL BOAT if destroyed
or rendered useless by any casualty, including but not limited to, fire, theft,
acts of vandalism or other disaster, whether enumerated here or not, during
the TERM OF OPERATION.
6. CIN hereby certifies that the obligations created by this agreement
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do not violate the provisions of Sections 1090 to 1096 of the Government Code_
7. The parties hereto agree that CITY and any of its agents and em-
ployees in the performance of this agreement shall act in an independent
capacity, and not as officers or employees or agents of DEPARTMENT.
8. CITY shall, insofar as allowable by law, indemnify, hold harr,.less,
and defend DEPARTMENT and the State of California, officers, agents, and
employees of either of them against any and all claims, demands, costs, ex-
penses, or liabilities arising out of the acquisition, -operation and main-
tenance of PATROL BOAT except for liability arising out of the sole negligence
of DEPARTMENT, its officers, agents, or employees, and for which DEPARTMENT
is otherwise responsible.
9. CITY hereby waives all claims and recourse against the DEPART`:E.%7
including the right to contribution for loss or damage to persons or property
arising from, growing out of, or in any way connected with or incident to the
operation and maintenance of PATROL BOAT except claims arising from the sole
negligence of DEPARTMEN7, its officers, agents or employees, and for 1-.1hich
DEPARTMENT is otherwise legally responsible.
10. In the event DEPARTMENT and/or the State of California is
as codefendant in any legal action concerning operation and mairtenaace o=
PATROL BOAT, CITY shall rotiiy- DEPA?T`•ENT of such fact and shall def: -_d
DEPARTME: T in such legal action, unless DEPART,IENT undertakes to represent
itself, in which event DEPARTMENT shall bear its otitin litigation costs,
expenses and attorney's fees.
11. During TERM OF OPERATION, this agreement shall not, nor shall any
interest herein or hereunder be assigned, mortgaged, hypothecated, or trans-
ferred, either by CITY or by operation of law, without prior written approval
of DEPARTMENT.
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12. During TER111 OF OPERATI0:7, this agreement, at the option of D Et ART-
ME,NT, may be'terminated by DEPARTME`T for the material breach by CITY of any
of the terms herein. Such termination shall become effective NINETY (90) days
following date of written notification by DEPARTMENT to CITY as provided in
paragraph 14 herein. In the event of such termination, ownership of said
PATROL BOAT shall revert to DEPARTMEW, and CITY agrees promptly to execute
any documents necessary to effect appropriate changes in pertinent public
records. The said right of termination and/or the reversion of title to the
PATROL BOAT are hereby declared to be in addition to and not in lieu of any
other remedies for breach of this agreement which State may have.
13. During TERM OF OPERATION, this agreement, at the option of CITY,
may be terminated by CITY for the material breach by DEPARTMENT of any of
the terms of this agreement, or for any acts or omissions by DEPARTMENT, or
occurrences beyond the control of CITY which -render it impossible for CITY
to comply with the terms and provisions of this agreement. Such termination
shall -become effective NINETY (90) days following date of written notifica-
tion by CITY to DEPARTMENT as provided in paragraph 14 herein. In the, evert
of such termination, CITY shall deliver PATROL BOAT to DEPARTMENT, and upon
request, execute any documents necessary- to effect appropriate changes in
pertinent public records.
14. In the event either party desires or is required to send notice to
the other, such notice shall be deemed to have been given when mailed to the
address set out below, or at such other address as may, from time to time,
be designated in writing by the parties, with first class postage fully pre-
paid thereon.
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1 TO DEPART".LENT: Department of Navigation and
2 Ocean Development
3 1416 Ninth Street, Room 1336
4 Sacramento, California 95814
5 TO CITY:
City of San Rafael
6 Post Office Box 60
San Rafael, California 94902
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Attention: Marion A. Grady, City Clerk
9 IN WITNESS IMEREOF, the parties hereto have executed this agreement as
10 of the date first hereinabove appearing.
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12 STATE OF CALIFORNIA (CITY)
Department of Navigation
13 and Ocean Development
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By
J::i:li A. t115h1;:i..�, Acting nayor
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17 APPROI.'ED: - ATTEST:
18 DEPARTMENT OF GENERAL SERVICES
A. GiuiJY, City C1--rk
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20 By _
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22 I hereby certify that all conditions for exemption set forth in State
23 Administrative Manual Section 1_101.13 have been complied with, and this
24 document is exempt from review by the Department of Finance.
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Director
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