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HomeMy WebLinkAbout10-049Resolution OLUTION IN SUPPORT OF THE BOATING SAFETY 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 $100,296; and WHEREAS, in receipt of this funding, the Sheriff's Office will provide year-round uniformed officers law enforcement officers 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 for the Sheriff's Boating Safety and Enforcement Program for fiscal year 201.0-2011; and BE 1T FEJRTHER 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 for boating safety and enforcement services. PASSED AND ADOPTED by the Butte County Board of Supervisors this 30th day of March, 2010, by the following vote: AYES: Supervisors Dolan, Kirk, Lambert, Yamaguchi and Chair Connelly NOES: None ABSENT: None NOT VOTING: None Bill Connelly, Chair ATTEST: Scott Tandy, and Ass~ia~ By: m Chief Admin AND ENFORCEMENT AID PROGRAM FY 2010-11 Boatin Safe and Enforcement Financial Aid Pro ram Contract This contract, entered into this 1'~T day of July, 2010, by and between the CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS, hereinafter called "Department," and the COUNTY OF BUTTE, hereinafter called "Agency"; WITNESSETH WHEREAS, Contingent on approval of the Fiscal Year 2010-2011 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 seq.; and WHEREAS, pursuant to Title 14, California Code of Regulations Section 6593.6, 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 alI 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 14, California Code of Regulations, as amended and attached hereto and incorporated by reference as Attachment 1. Contract shall be deemed to be executed within the State of California and construed and governed by the laws of the State of California. II. Description of 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 obligated to pay for services rendered under this contract shall not exceed $159,342.00, for the contract term in full consideration of Agency's performance of the services described in this contract. B. Rate of Payment. 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. Agency shall submit claims for reimbursement to the Department contact person identified in paragraph V of this contract on a monthly OR ~ quarterly basis. (Please check one) D. Failure to Submit Claims. Claims for reimbursement shall be submitted within 60 days following the last day of the reporting period. Pursuant to Title 14, California Code of Regulations 6593.9 {i), the Department may reduce an Agency's allocation by f ve 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 filing a claim. N. Records Agency shall maintain records pursuant to Section 6593.1.0 of Title 14, California Code of Regulations. V. Notice Notice shall be in writing and shall be deemed to have been served when it is deposited in the United States mail, first class postage prepaid, and addressed as follows: TO DEPARTMENT TO AGENCY Ms. Corrina Dugger Susan Tiffany Department of Boating and Waterways Butte County Sheriff's Office 2000 Evergreen Street, Suite 100 33 County Center Drive Sacramento, CA 95815-3888 Oroville CA 95965 Either party may change the address to which subsequent notice andlor other communication can be sent by giving written notice designating a change of address to the other parry. VI. Term This agreement shall be for the term beginning July 1, 2010, and ending June 30, 201.1.. VII. Prior Agreements All prior contracts regarding this subject matter between Department and Agency are hereby terminated effective rune 30 prior to the term beginning date of this contract. VIII. Amendment No amendment or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto. Page 2 of 3 IX. Termination Agency may terminate this contract without cause in writing at any time. Department may terminate this contract without cause upon a sixty (60) days written notice served upon the Agency. X. Special Provisions A. 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. 1N WITNESS WHEREOF, the parties hereto have executed this contract as of the day and year first above written. CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS By: Raynor Tsuneyoshi, Director California Department of Boating and Waterways Date: "Department" COUNT OF BU By: 3 rry W. Smith, Sheriff D e: March 9, 2010 "Agency" Page3of3