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HomeMy WebLinkAboutPW Bayside Park Maintenance Responsiblities MOUORIGINAL MEMORANDUM OF AGREEMENT BETWEEN COUNTY OF MARIN AND CITY OF SAN RAFAEL This Memorandum of Agreement ("AGREEMENT") is made and entered into this 14th day of December 2021, by and between the County of Marin, a political subdivision of the State of California (hereinafter referred to as "COUNTY"), and City of San Rafael, a municipal corporation of the State of California (hereinafter referred to as "CITY"), collectively the "PARTIES." RECITALS WHEREAS, COUNTY manages and maintains approximately 0.60 acres of public road right-of-way for public enjoyment along Point San Pedro Road in San Rafael, California known as Bayside Park (hereinafter referred to as "PARK AREA"), and further described in Exhibit "A", and WHEREAS, COUNTY and CITY entered into an agreement on August 24, 1976 to provide maintenance of landscaping and irhgat on for the PARK AREA and other areas located within the right-of-way of Point San Pedro Road (PREVIOUS AGREEMENT); and WHEREAS, the terms of the PREVIOUS AGREEMENT are no longer relevant; and WHEREAS, COUNTY and CITY wish to enter into this new agreement to provide maintenance of landscaping and irrigation of the PARK AREA; and of 3 pages C A '76 is//y/¢nal STATEMENT OF AGREEMENT NOW, THEREFORE, the PARTIES agree as follows: 1. This AGREEMENT shall supersede and replace the PREVIOUS AGREEMENT made on August 24, 1976 in its entirety. 2. The landscape and irrigation systems to be maintained pursuant to this AGREEMENT are located at Bayside Park, shown on Exhibit A. 3. COUNTY shall be responsible for administering all maintenance of said landscape and irrigation systems and will possess all powers of COUNTY and CITY necessary to effectuate the purposes of this AGREEMENT 4. COUNTY will perform maintenance work either with its own forces or by contract. 5. Water for irrigation of PARK AREA will be provided by CITY water meter. CITY will pay all costs to provide and maintain water meter including staff time required to fulfill the terms of this AGREEMENT 6. COUNTY will install and maintain a sub -water meter within the PARK AREA. 7. Costs of maintenance of landscaping and irrigation will be paid for by COUNTY including all water required for irrigation and PARK AREA maintenance downstream of sub -meter. 8. CITY agrees to furnish a bill to COUNTY for water use in PARK AREA semi- annually. Use amounts will be based on readings from the sub -water meter in the PARK AREA. CITY will maintain standard cost accounting records in accordance with accepted accounting principles. Said records will be made available for COUNTY to review upon request. 9. COUNTY will reimburse CITY for water use costs incurred herein specified within thirty (30) days after receipt of bill from CITY. 10.This AGREEMENT will continue in full force and effect from the date it ,s executed, until such time as terminated by one or both parties. In the event one of the parties wishes to terminate this AGREEMENT they will give ninety (90) days 2 of 3 pages written notice to the other party 11.This AGREEMENT shall be administered on behalf of COUNTY by Mann County Parks, whose mailing address is: Mann County Parks 3501 Civic Center Drive, Room 260 San Rafael, CA 94903 Attn: Superintendent, Central Region and on behalf of City of San Rafael, whose mailing address is City of San Rafael Department of Public Works 111 Morphew Street San Rafael, CA 94901 12. This AGREEMENT may be modified at any time in writing by mutual consent of the PARTIES. IN WITNESS WHEREOF, this AGREEMENT was executed by the PARTIES hereto as of the date first above written. COU ,,T``Y--OF MARIN [/Ilio Dennis Rod i, President, Board of Supervisors ATTEST CITY OF SAN RAFAEL 4 &' ah Kate Colin, Mayor ATTEST - L -v LINDSAY LARA, City Clerk Tvr Approved as to Form r"*Pa� — Chief de&fy Odunry Counsel APPROVED AS TO FORM- WOBERTF.EPSTEIN,tyl Attorney 3 of 3 pages ATTACHMENT A , j v ``� _` `�--•---= —,_ice FS�Ctu�fiL 5Ce041� p�CCt �g [+1x ELx.CNC+d.0 T —.1- W wnEgluOvxiLC lO N. ETN.nfx TlCNrsFYSCCCOID r;aL VT1.TrfA CCvprt�v3 vfASv J. utv'.fJTIY.,fC[PTlpv'p ixE �yCi.C, r,'J,i fl4uil]N [wY �' .rcNipe vE,E,xnEp.. r.Lrwp 43ovs Ma. 6Lr*iivv7'&gc Giapnit SCaly Iin IEvll / -_�`_ � I , reWwo �f cvu.r ,vl rw �a x, � oxu rc ff.al... xn afwr` � 1w / / Ecrxcr•[r.o:crFa.s�i•Wwnl:xr. --r--'`--:. _mss.:; ..-._- "�"-' .Gs`TT---- - �� `�•--cfY . R�'7' %."._ ,. ,. � �- —�Y<-.�•�_ �, _ r° rye tr ipr p.n.C. RRIGATION PLAN 1,.—�MEn.fe[[n FNWNin'.F..M,.rlpx • RfE+f wa•iv ft,[ r,fvEL.aff )ER:ix JxCCC.rE+,CNNFCT! p�a[CIL�N t1' MxOT li:i�'[uw�wE wiucE lLF 1! 1 �i � I —I ffg�fl L3.1 P� RAF,q� s 2 /ry WITH P� CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Bill Guerin Extension: 3110 Contractor Name: Memorandum of Agreement Between County of Marin and City of San Rafael Dated 12/14/2021— Bayside Park Maintenance of Landscaping and Irrigation Contractor's Contact: Chris Chamberlain, Asst. Director, Marin Co. Parks Contact's Email: CChamberlain@marincounty.org ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor n/a b. Email contract (in Word) and attachments to City 10/1/2021 Attorney c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement 10/1/2021 and return to Project Manager x❑ b. Confirm insurance requirements, create Job on n/a Department Director PINS, send PINS insurance notice to contractor © BG 3 Approval of final agreement form to send to 12/8/2021 contractor Forward three (3) originals of final agreement to _ 4 Project Manager ❑ contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ❑ N/A agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 12/6/2021 Date of City Council approval _ PRINT Project Manager CONTINUE ROUTING PROCESS WITH HARD COPY 6 Forward signed original agreements to City Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed IZ ZDZ� agreement 8 City Attorney Review and approve insurance in PINS, and bonds 9 -,7) f Q �/ (for Public Works Contracts) 9/Z�1 r 9 City Manager ayor Agreement executed by City Council authorized official / a 10 City Clerk Attest signatures, retains original agreement and /�� forwards copies to Project Manager