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HomeMy WebLinkAbout08-070~~~~s^ ~~~~,~~ ~ vi :O ~ '°= '~' BOARD OF ~UPERVI~ORS c~: =~: ^ * - ~;~'~ COUNTY OF BUTTE, STATE OF CALIFORNIA • ~1~r~~ra~surrrr+rr .~~ •.~,~ E,+pU~. Res~luti~n No. as-ono RESOLUTION IN SUPPORT OF THE BOATING SAFETY AND ENFORCEMENT AID PROGRAM FY 2008-2009 WHEREAS, the California Department of Boating & Waterways receives tax revenue from Butte County boat owners through boat taxes each year; and WHEREAS, the Butte County Sheriff's Office and the California Department of Boating & Waterways are concerned for the safety of recreationalist on county waterways; and WHEREAS, the California Department of Boating & Waterways offers financial aid to counties providing boating safety and enforcement through the return of boat taxes to the county of origin, per Harbors and Navigation Code 663.7; and WHEREAS, the Butte County Sheriff's Office has the opportunity to apply for continued financial aid through the Department of Boating & Waterways, in addition to the estimated boat tax in the amount of $73,838; and WHEREAS, in receipt of this funding, the Sheriff"s Office will provide full-time and extra-help deputy sheriff's for water safety and enforcement services to the users of Lake Oroville, the Sacramento River and the Feather River. NOW, THEREFORE BE IT RESOLVED, that the Butte County Board of Supervisors supports the Sheriff's Office pursuit of grant funding though the Department of Boating & Waterway, Boating Safety and Enforcement Program for fiscal year 2008-2009; and BE IT FURTHER RESOLVED that the Butte County Board of Supervisors agrees to authorize the Sheriff's Office to utilize the aforementioned boat tax revenue to augment the State of California, Department of Boating & Waterways grant funding for boating safety and enforcement services. PASSED AND ADOPTED by the Butte County Board of Supervisors this 20~'~ day of May 2008, by the following vote: AYES: Supervisors Connelly, Kirk, Yamaguchi, and Chair Josiassen NOES: None _ ABSENT: Supervisor Dolan ~~ NOT VOTING: None ,~ _,~~ CURT OSIASSEN, Chair ATTEST: Brian Haddi~, Chief Administrative Officer and Associdte Clerk of"the Board of Supervisors `i i , By.' ~~'~ ~. Boating Safety and Enforcement Financial Aid Program Contract This contract, entered into this 1st __ d~.iy of July _, ?~08 by and between the CALIFORNIA DEPARTMENT OF BOATI?~]G AND WATERI~'AYS, hereinafter called "Department," and the Cf~UNTI' OF BUTTE, hereinafter called "A~~ency'~: «I"I'NESSETH WHEREAS, Contingent nn approval of the Fiscal Year 2008-2009 budget, the Department intends to contract with Agency for the purpose of performing boating safety and enforcement activities as described in Title 14, California Code of Regulations Section 6593.3; and WHEREAS. Agency is equipped, staffed and prepared to provide such services on the terms and conditions set forth in this contract and in accordance with Title 14, California Code of Regulations Section 6593 et seg.; and WHEREAS, pursuant to Title 14, California Code of Regulations Section 6.593.6, Department shall enter into an annual contract with each participating agency; NOW, THEREFORE, it is mutually agreed as follows: I. Applicable Law Agency shall observe and comply with all applicable federal, state, and county statutes, ordinances, regulations, directives, and laws, including, but not limited to, Harbors and Navigation Code Section 663.7 and Section 6593 et seq. of Title l~, California Code of Regulations, as amended and attached hereto and. incorporated by reference as Attachment I. Contract snail be deemed to he executed within the State of California and construed and governed by the laws of the State of California. II. Description oI' Services Agency shall conduct boating safety and enforcement activities in the jurisdiction of the Agency in consideration of the payments hereinafter set forth. III. Payments A. Maximum Amount. The amount the Department shall be obliUated to pay for services rendered under this contract shall not exceed $159,342.©D, far the contract term in full consideration of Agency's performance of the services described in this contract. B. Rate of Pa,, rte. The Department shall reimburse Agency in accordance with the reimbursement procedures set forth in Title 14, California Code of Regulations Section 6593.9. Page 1 of 3 C. Submission of Claims. ,~~renc~~ shall submit claims fc7r reimburse-meet t~~ the Department contact person identified in paragraph V of this conu~act on a monthlti~ OR ~ quarterl~~ basis. (Please check one) D. Failure to Submit Claims. Claims for rein~tbursement shall be submitsed within 60 days following the last day of the reporting period, Pursuant to Title 1~, California Code of Regulations 67939 tai). the Department may reduce an .~gencv's allocation by five percent if the Agency exceeds the sixty-day billing period and an additional five percent for every thirty-day period thereafter that the Agency is late in filint.~ a claim. IV. Records Agency shall maintain records pursuant to Section 6~93.10 of Title 14, California Code of Regulations. V. l~otice Notice shall be in writing and shall be deemed to have been served when it is dcpasited in the United States mail, first class postage prepaid, and addressed as follows: TE1 DEPARTMENT T~ AC~ENCI' Ms. Corrina Dugger I~epaz-tment of Boating and Wateru~avs ?000 Evergreen Street. Suite 100 Sacramento, C.~ 9>8l ~-38SS Susan Tiffany I~utte County Sheriff 33 County Center_ Drive Oroville CA 95965 Either party ma}' chan~: e the address t~~ which subsequent notice and/or other camrnunication can be sent by giving written notice designating a chan~e of~ address to the other party. ~'L Term This agreement shall be for the te17n he~~inning .Jule 1, 200. and e~ndin~ ,June 30, 2009. VII. Prior Agreements .All prior contracts regarding this subject matter between Department and Agency are. hereby terminated effecsive .tune 30 prior tc~ the term bc~rinnin~~ data oi~ this cantrac~t. VIII. Amendment 'vo amendment or ~ ariation of the tcrnls of this contract shall be valid unless made in =rising and signed h} the parties hereto. Page 2 of 3 IX. Termination Agency may terminate this contract without cause in writing at an_y time. Department may terminate this contract without caczse upon a sixty (60) clays written notice served upon the Agency. X. Special Provisicros .g. Agency hereby certifies that the obligations created by this contract do not violate the provisions of Sections 1090 to 1096 of the Government Code. B. This contract shall have no force or effect until signed by the Department, Agency, and approved by the Department of General Services Legal Department, if required. C. Agency shall continue with the responsibilities of this contract during any dispute. IN WITNESS WHEREOF, the parries hereto have executed this contract as of the day and year first above written. CALIFOKNIA DEPARTMENT OF E3OATI~IG AND WA'T'ERWAYS B v: Raynor Tsuneyoshi, Director California Department of Boating and Waterways Date: "Department" COLIN T - B ~: Title: S riff-Corone __ Date: 4-22-08 "Agency"' Page 3 of 3