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Home My WebLink AboutCC Resolution 11594 (Purchase Remote Automatic Weather Station)RESOLUTION NO. 11594 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE NOVATO FIRE PROTECTION DISTRICT FOR THE PURCHASE, OPERATION AND MAINTENANCE OF A REMOTE AUTOMATIC WEATHER STATION (RAWS) WHEREAS, the City of San Rafael ("CITY") and the Novato Fire Protection District ("DISTRICT") have planned the purchase, installation and operation of a remote automatic weather station ("RAWS") which would enable the development of weather forecasts to assist in the prevention of wild land fires; and WHEREAS, DISTRICT and CITY have orally agreed that DISTRICT would purchase and install the RAWS unit and that CITY would operate and maintain the RAWS unit until such time as the CITY's cost would equal the DISTRICT's initial cost, and thereafter DISTRICT and CITY would share equally in the operation and maintenance costs of the RAWS unit. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Rafael hereby approves the Agreement between the CITY and the DISTRICT for the purchase, installation, operation and maintenance of a RAWS unit and authorizes the City Manager to execute said Agreement in a form to be approved by the City Attorney. 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 San Rafael City Council held on the 6th day of July, 2004, by the following vote to wit: AYES: Councilmembers: Heller, Miller, Phillips & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: Cohen JE M. LEONCI I, City Clerk AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND THE NOVATO FIRE PROTECTION DISTRICT FOR THE PURCHASE, OPERATION AND MAINTENANCE OF A REMOTE AUTOMATIC WEATHER STATION I&VI This Agreement is made and entered into this ZS day of Zedecj/ , 2004, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and the NOVATO FIRE PROTECTION DISTRICT (hereinafter "DISTRICT"). RECITALS WHEREAS, both CITY and DISTRICT recognize that a Remote Automatic Weather Station CRAWS") provides critical fire weather information, including wind speed and direction, temperature, fuel moisture, sun energy and rain fall in a continual electronic format; and, WHEREAS, both CITY and DISTRICT desire to jointly purchase, install, operate and maintain a RAWS, a Bendix King radio and all necessary and related equipment (collectively herein the "FACILITIES") so as to provide both agencies immediate and continual fire weather information so as to best protect the health, safety and welfare of the people in their respective jurisdictions; AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: PROJECT COORDINATION. CITY. CITY's Fire Chief shall be the representative of the CITY for all purposes under this Agreement and shall supervise all aspects of the progress and execution of this Agreement. DISTRICT's Fire Chief shall be the representative of DISTRICT for all purposes under this Agreement and shall supervise all aspects of the progress and execution of this Agreement 2. DUTIES OF DISTRICT. a. DISTRICT shall purchase the FACILITIES at a total cost not to exceed /, 4-1 b. DISTRICT shall, upon CITY's final payment of the cost for installation and the initial cost of operation and maintenance of the FAC`iT_ITIES, pay one/half of the continuing maintenance and operation costs ofFAC1IXIUS. DUTIES OF CITY. a. City shall secure a location for the placement of the FACILITIES. b. CITY shall, upon DISTRICT's full payment for and acquisition of the FACIMIES, install the FACTSITiES for a total cost not to exceed $.32,-50 , at the location obtained by JILSHUCT. (ZCs CIS( bN b. CITY shall pay all initial operation and maintenance costs of the FAC'iT—ITUS from the time of installation until CITY's total payment for installation and initial operation and maintenance of FAC'HATIFS equals DISTRICT's cost for the purchase of the FACILITIES. c. CITY shall, once it has, by payment of installation and initial operation and maintenance costs of FACHATIES, expended the same amount as DISTRICT expended for purchase of the FACILITIES, pay one/half of the continuing maintenance and operation costs of FACII XIIES. 4. COMPENSATION. Each party shall be responsible for costs as explained in sections 2 and 3, above. Neither party shall be liable to the other for any cost, compensation or expense of any kind other than as stated therein. TERM OF AGREEMENT. The term of this Agreement shall be for five (5) year(s) commencing on S ----2 / . 2 O 0 3 and ending on 63-�to - -Zoog . Upon mutual agreement of the parties, and subject to the approval of the CITY, the term of this Agreement shall be extended for an additional period. 6. TERMINATION. Either party may terminate this Agreement by delivery to the other party of written notice of election to terminate at least six (6) months in advance. 7. OWNERSHIP OF EQUIPMENT. The FAC 7T.1T1ES shall be the joint property of both CITY and DISTRICT. In the event of the termination of this Agreement, parties shall determine the fair market value of the assets and shall apportion the value between the parties based upon each agency's total contribution to this joint enterprise as detailed in sections 2 and 3, above. Once CITY has, by payment of installation and initial operation and maintenance costs of FACILITIES, expended the same amount as DISTRICT expended for purchase of the FACILITIES, then each party shall own 50% of FACMMS. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 9. INDEMNIFICATION. Each party agrees to indemnify, defend, and hold harmless the other party, its officers, agents, employees and volunteers from any and all liabilities, claims, or losses of any nature, including attorneys' fees, to the extent caused by, arising out of, or in connection with, the indemnifying party's negligent acts or omissions occurring in connection with performance of the duties and obligations under this agreement this Agreement. 10. NO THIRD PARTY BENEFICIARIES. CTTY and DISTRICT do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 11. NOTICES. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CTTY: Bruce Martin, Fire Chief, Project Manager City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 944915-1560 TO DISTRICT: JeffMeston,Fire Chief Project Manager Novato Fire Protection District Novato, California 12. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, the parties understand and agree that each party, its officers, agents, employees and volunteers shall not act as employees of the other party. 13. ENTIRE AGREEMENT -- AMENDMENTS. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly 3 incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the DISTRICT and the CITY. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the DISTRICT and the CITY. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 14. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL ROD GOULD, City Manager ATTEST: A. Qeo'&�- M. LEONCINI, City Clerk :AP VED A OF GARY T. RAGGBL NTI, City Attorney DISTRICT By: Jeff Meston Name Fire Chief Title: Novato Fire Protection District