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HomeMy WebLinkAboutCC Resolution 10774 (616 Canal Street)RESOLUTION NO. 10774 A RESOLUTION OF THE CITY OF SAN RAFAEL ACCEPTING A GRANT IN THE AMOUNT OF $4,000 FROM THE DEPARTMENT OF BOATING AND WATERWAYS FOR THE DEVELOPMENT OF A BOAT PUMPOUT / DUMP STATION FACILITY AT 616 CANAL STREET AND AUTHORIZING PUBLIC WORKS DIRECTOR TO SIGN AN AGREEMENT ACCEPTING THE TERMS OF A GRANT. WHEREAS, the City of San Rafael is desirous of a boat pumpout / dump station facility at 616 Canal Street to meet the needs of the boaters and to provide public access to these facilities; and WHEREAS, the Department of Boating and Waterways is authorized to provide grants to cities, counties, districts, and other public agencies for the construction and development of boat pumpout / dump station facilities; and WHEREAS, the City of San Rafael is willing to enter into an agreement to provide for the operation and maintenance of the proposed facilities at no cost to the State; NOW, THEREFORE, BE IT RESOLVED that the City of San Rafael by adoption of this resolution hereby requests that the Department of Boating and Waterways provide a grant for the purpose of developing a public use boat pumpout / dump station facility at 616 Canal Street; and BE IT FURTHER RESOLVED that the City agrees to accept the grant and hereby authorizes the Public Works Director to sign the grant agreement and accept the grant for the purpose stated above. 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 Council of said City on Tuesday, the 20`x' day of February, 2001, by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen A. JEA E M. LEONCINI, City Clerk 1400 Fifth Ave., P. O. Box 151560, San Rafael, CA 94915-1560 S ST M OF CALIFORNIA STANDARD AGREEMENT -oTANDARD AGREEMEI . STD 213 (NEW 02na) AGREEMENT NUMBER 1. ThisA reement is entered into between the State Agency and the Contractor named below STATE A ENCY'SNAME DEPARTMENT OF BOATING AND WATERWAYS (DEPARTMENT) CONTRACTOR'S NAME CITY OF SAN RAFAEL (GRANTEE) 2. The term of this Agreement is: November 20, 2000 to NOVEMBER 20, 2006 (6 years) 3. The maximum amount $4.000.00 of this Agreement is: FOUR THOUSAND DOLLARS 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement: Exhibit A — Vessel Pumpout Facility 3 Pages Installation Contract Reimbursement Exhibit B — Vessel Pumpout Facility Installation 5 Pages Contract Standard Terms and Conditions IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR'S NAME (/f other than an individual, state whether a corporation, partnership, etc.) CITy0orid RAFAEL BY (Aatre i"'LL-RSONSIGNING + I DATE AJdND7 (�type) PRINTED NAME AND TITLE O ' DAVID M. BERNARDI, Public Works Director ADDRESS P.O. BOX 151560 SAN RAFAEL, CA 94915-1560 STATE OF CALIFORNIA AGENCY NAME DEPARTMENT OF BOATING AND WATERWAYS BY (Authonzed Signature)I DATE SIGNED (Do not type) 03 PRINTED NAME AND TITLE OF PERSON SIGNING CARLTON D. MOORE, Interim Director ADDRESS 2000 EVERGREEN STREET, SUITE 100 SACRAMENTO, CALIF. 95815-3888 CALIFORNIA Department of General Services Use Only Exempt per EXHIBIT A VESSEL PUMPOUT FACILITY INSTALLATION CONTRACT REIMBURSEMENT CITY OF SAN RAFAEL 1. GRANT (a) The DEPARTMENT will make a grant up to the amount of FOUR THOUSAND DOLLARS ($ 4,000.00), to the GRANTEE, for installation a vessel pumpout at the San Rafael Marine Center in accordance with EXHIBIT B. The grant shall not exceed this amount. (b) The grant costs shall be reimbursed with State Funds. 2. PROJECT COMPLETION DATE The GRANTEE shall complete the installation of the vessel pumpout facility (such installation as described in the Clean Vessel Act Grant Application dated October 4, 2000, and hereinafter referred to as PROJECT) no later than October 4, 2001. 3. TERM OF CONTRACT (a) The term of this CONTRACT, subject to the provisions for prior termination, shall begin on the effective date of the CONTRACT and shall continue for six (6) years from such date. (b) This CONTRACT may be extended, amended or canceled upon agreement of both the DEPARTMENT and the GRANTEE. 4. USERS FEES The GRANTEE may not charge a fee for the use of the facilities constructed with the GRANT. 5. SPECIAL PROVISIONS (a) 1. The pumpout facilities constructed under this grant shall be operated, maintained, and be open and available to the public for the full period of this CONTRACT. 2. Operation of the pumpout facilities shall be available 24 hours per day and shall not be hindered by locked enclosures, padlocks, pass keys, electronic keys, token systems or other means. 1 EXHIBIT A 3. The pumpout facilities constructed under this grant shall be equipped with an hour meter to record its usage. (b) The grant recipient shall construct and install signage that shall: 1. Indicate the presence of a vessel pumpout facility (State supplied sign); 2. Acknowledge that the facility was constructed or improved with funds from the Clean Vessel Act. The suggested language shall be "This facility was funded under the Clean Vessel Act by your purchase of fishing equipment and motorboat fuels" (State supplied sign). 3. Provide appropriate information at the pumpout station that indicates fees, restrictions, operation instructions, and a contact name and number if the facility is inoperable. (c) Upon expiration of the CONTRACT, all improvements made by the GRANT shall become property of the GRANTEE. (d) GRANTEE shall each year provide information about the use and reliability of the vessel pumpout facility in the form of a post -implementation evaluation report (PIER) provided by the Department and shall transmit the results of the PIER to the DEPARTMENT no more than 30 days after receipt of the PIER. (e) Notices required between the parties shall be deemed to have been given when mailed to the respective addresses herein, first-class postage fully prepaid thereon. 2 VESSEL PUMPOUT FACILITY INSTALLATION CONTRACT STANDARD TERMS AND CONDITIONS ARTICLE I — DEFINITIONS EXHIBIT B A. CONTRACT means the contract to which these standard terms and conditions are appended. B. PROJECT COSTS means those permitting, planning, management, signage, labor, design, material and construction costs which are necessarily incurred by the GRANTEE for the purpose of completing the PROJECT and are covered by the GRANT; however, such PROJECT COSTS shall not include any expenses incurred prior to the effective date of this CONTRACT. C. GRANT means a grant provided pursuant to Harbors and Navigation Code Section 72.75 and the Federal Clean Vessel Act of 1992 to finance all or part of the PROJECT COSTS. D. OPEN AND AVAILABLE TO THE PUBLIC means that all users (public and private) shall have full and reasonable access to the pumpout/dump station for the purpose of sewage disposal. Fees shall be equal for all pumpout users at a facility open and available to the public. However, members and customers may prepay for pumpouts within a fee structure, so that a separate fee for pumpouts at the time of use would not be needed for those members and customers. ARTICLE II — CONSTRUCTION OF PROJECT. A. All contracts for construction of the PROJECT shall: 1. Be awarded in accordance with all applicable laws and regulations, including but not limited to competitive bidding. 2. Contain the following clause: "Representatives of the Department of Boating and Waterways shall be allowed access to all parts of the construction work." Contain a clause that there shall be no discrimination against any employee who is employed in the work covered by such contracts or against any applicant for such employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age, martial status, and denial of family care leave, and that such provisions shall include, but not be limited to: employment, upgrading, promotion or transfer, EXHIBIT B recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. GRANTEE and subcontractors shall insure that the evaluations and treatment of their employees and applicants for employment are free from such discrimination and harassment. GRANTEE and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (GC Section 12990 (a -f) et seq.) and the applicable regulations promulgated thereunder (CCR Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing GC Section 12990 (a -f), set forth in Chapter 5, Div. 4 of Title 2 of the CCR, are incorporated into this CONTRACT by reference and made a part hereof as if set forth in full. GRANTEE and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. 4. Contain a clause that the contractor shall comply with all air pollution and environmental control rules, regulations, ordinances and statutes which apply to the PROJECT and any work performed pursuant to the contract. B. Inspection reports and related inspection data shall at all reasonable times be accessible to the DEPARTMENT personnel, and request copies of such reports and data shall be provided to the DEPARTMENT by the GRANTEE. ARTICLE III - DISBURSEMENT OF GRANT. A. GRANTEE shall acquire advance written acceptance of the completed project from the DEPARMENT prior to any disbursement of funds. B. The GRANTEE shall request final payment in writing under this CONTRACT no later than SIXTY (60) days following the date of acceptance of the PROJECT by the GRANTEE. C. The DEPARTMENT may withhold any payment of GRANT funds for failure by the GRANTEE to comply with any of the conditions and provisions of this CONTRACT. 2 EXHIBIT B ARTICLE IV- LIABILITY A. The GRANTEE waives all claims and recourse against the DEPARTMENT including the right to contribution for any loss or damage arising from, growing out or in any way connected with or incident to this CONTRACT. B. The GRANTEE shall indemnify, hold harmless, and defend the DEPARTMENT, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability arising out of the acquisition, design, construction, operation, maintenance, existence or failure of the PROJECT. C. If the DEPARTMENT is named as a co-defendant pursuant to Government Code Sections 895, et seq, the GRANTEE shall notify the DEPARTMENT and represent it unless the DEPARTMENT elects to represent itself. If the DEPARTMENT undertakes its own defense, it shall bear its own litigation costs, expenses and attorney's fees. ARTICLE V - WAIVER OF RIGHTS It is the intention of the parties hereto that from time to time either party may waive certain of its rights under this CONTRACT. Any waiver at this time by either party hereto of its rights with respect to a default or any other matter arising in connection with CONTRACT, shall not be deemed to be a waiver with respect to any other default or matter. ARTICLE VI - REMEDIES NOT EXCLUSIVE The use be either the DEPARTMENT or the GRANTEE of any remedy specified in the CONTRACT for the enforcement of the CONTRACT is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law. ARTICLE VII - OPINIONS AND DETERNOUNATIONS Where the terms of this CONTRACT provide for action to be based upon the opinion, judgment, approval, review, or determination of either the DEPARTMENT or GRANTEE, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. ARTICLE VIII - ASSIGNMENT No assignment or transfer of this CONTRACT or any part hereof, rights hereunder, or interest herein by GRANTEE shall be valid unless and until it is approved in writing by the DEPARTMENT and made subject to such reasonable terms and conditions as the DEPARTMENT may impose. ARTICLE IX - SUCCESSORS AND ASSIGNS OBLIGATED, 3 EXHIBIT B This CONTRACT and all of its provisions shall apply to and bind the successors and assigns of the parties hereto. ARTICLE X — APPROVAL The CONTRACT is of no force or effect until signed by both parties and approved by the Department of General Service, if required. GRANTEE may not commence performance until such approval has been obtained. ARTICLE XI - AUDIT All contracts entered into by the GRANTEE involving an expenditure of GRANT funds shall contain a provision which indicates that the contracting parties shall agree that the DEPARTMENT, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. GRANTEE agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonable have information related to such records. Further, contracting parties agree to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this CONTRACT. (GC 8546.7, PCC 10115 et seq., CCR Tittle 2, Section 1896). ARTICLE XII — RECYCLING CERTIFICATION The GRANTEE shall certify in writing under penalty of perjury, the minimum, not exact, percentage of recycled content, both post consumer waste and secondary waste as defined in the PCC Section 12161 and 12200, in materials, goods, or supplies offered or products used in the performance of this CONTRACT, regardless of whether the product meets the required recycled product percentage as defined in the PCC Section 12161 and 12200. GRANTEE may certify that the product contains zero recycled content. (PCC 10233, 10308.5, 10354) ARTICLE XIII — CERTIFICATION CLAUSES The GRANTEE shall abide by the CONTRA TOR CERTIFICATION CLAUSES contained in the document CCC199 are hereby incorporated by reference and made a part of this CONTRACT by this reference as if attached hereto. ARTICLE XIV — ANTITRUST CLAIMS A. The Government Code Chapter on Antitrust claims contains the following definitions: 1). "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2). "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. H EXHIBIT B B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. D. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been -injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. ARTICLE XV - CHILD SUPPORT COMPLIANCE ACT "For any contract in excess of $100,000, the contractor acknowledges in accordance with, that: A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code. B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department." ARTICLE XVI - UNENFORCEABLE PROVISION In the event that any provision of this CONTRACT is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this CONTRACT have force and effect and shall not be effected thereby. CCC800 http://w• -iIs.dgs.ca.gov/STD_PROCESS/Documents/ccc800.hti CCC800 CERTIFICATION I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California. Contractor/Bidder Firm Nance (Printed) Federal ID Number CITY OF SAN RAFAEL 94-6000424 By (Autho zed ignature) l� Printed Name and Title of Person Signing DAVID M. BERNARDI, public Works Director Date Executed 2/27/01 `Executed in the County of MARIN CONTRACTOR CERTIFICATION CLAUSES, 1. STATEMENT OF COMPLIANCE,: Contractor has, unless exempted, complied with the nondiscrimination program requirements. (GC 12990 (a -f) and CCR, Title 2, Section 8103) (Not applicable to public entities.) 2. DRUG-FREE WORKPLACE REOUIREMENTS: Contractor will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug -Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on theAgreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: (1) the Contractor has 'CC800 of 2 http://w• is.dgs.ca.gov/STD_PROCESS/Documents/ccc800.htri made false certification, or violated the certification by failing to carry out the requirements as noted above. (GC 8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION.: Contractor certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court which orders Contractor to comply with an order of the National Labor Relations Board. (PCC 10296) (Not applicable to public entities.) DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification. Current State Employees (PCC 10410): 1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (PCC 10411): 1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12 -month period prior to his or her leaving state service. If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. (PCC 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (PCC 10430 (e)) 2. LABOR CODE/WORKERS' COMPENSATION,: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700) 3. AMERICANS WITH DISABILITIES ACT.: Contractor assures the State that it complies with the -CC80.0 http://w• ls.dgs.ca.gov/STD_PROCESS/Documents/ccc800.htn Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) 4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. 5. CORPORATE OUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax. c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State. 6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 7. AIR OR WATER POLLUTION VIOLATION,: Under the State laws, the Contractor shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. 8. PAYEE DATA RECORD FORM STD. 204:, This form must be completed by all contractors that are not another state agency or other government entity.