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Home My WebLink AboutReso. 1988-288 - Approving the agreement for use of the county patrol boat by authorized personnel of the city police and fire dept 411 410 RESOLUTION NO. p R .„.2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE AGREEMENT FOR USE OF THE COUNTY PATROL BOAT BY AUTHORIZED PERSONNEL OF THE CITY POLICE AND FIRE DEPARTMENTS, ENTERED INTO BETWEEN THE CITY OF REDDING AND THE COUNTY OF SHASTA, AND AUTHORIZING THE MAYOR TO SIGN SAME. IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1 . That the City Council of the City of Redding hereby approves the Agreement between the City of Redding and the County of Shasta for use of the County Patrol Boat by authorized personnel of the City Police and Fire Departments for rescue operations and training sessions , a true copy of which is attached hereto and incorporated herein. 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign said Agreement on behalf of the City Council of the City of Redding, and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding on the aforesaid document, when appropriate. I HEREBY CERTIFY that the foregoing Resolution was 'o rned introduced and read at an re/adcuUlar meeting of the City Council of the City of Redding on the 18th day of August , 1988 , and was duly adopted at said meeting by the following vote: AYES : COUNCIL MEMBERS: Buffum, Dahl, & Johannessen NOES : COUNCIL MEMBERS : None ABSENT: COUNCIL MEMBERS: Carter & .-Fulton ABSTAIN: COUNCIL MEMBERS : None � i K./MAUR CE JOHANNESSEN, Mayor City of Redding ATTEST: FORM AP ED: '121'6464 77--%//j1 ETHEL A. NICHO.LS , City Clerk fr)RANDALL A. HAYS , City Attorney JUN 21 v.:: 0 AGREEMENT FOR USE OF COUNTY PATROL BOAT THIS AGREEMENT is made and entered into by and between the COUNTY OF SHASTA, hereinafter referred to as "County, " and the CITY OF REDDING, hereinafter referred to as "City, " to provide for the use of the County' s police patrol boat. WHEREAS, County is the owner of a police patrol boat, more particularly described as an Aeroweld, Hull ID #AET301060580, together with Ford Engine 251 cubic inch, Serial #201769 ; Hamilton Jet Pump, Serial #0024 ; and boat trailer, Fife VIN ID #F01171 , Exempt 310594 , which is presently needed by the County only as a standby or as a temporary replacement for the County' s patrol boat; and WHEREAS , City wishes to provide training to its Police Officers and Fire Fighters in the operation of the boat; and WHEREAS, County desires to have City Police and Fire Department personnel trained to use the boat in order to effect rescues when the County Sheriff' s personnel are not available to • do so, and, upon request, to ready the boat for County' s use during emergencies; and WHEREAS, City wishes to supplement its Police Department river patrol and Fire Department rescue operations by the use of such boat, motor, and trailer; NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1 . This Agreement shall be for a term of one (1) year, commencing JUN 21 1988 , and shall be automatically renewed for successive one-year terms unless either party gives thirty (30) days' written notice to the other of its intention not to renew. this Agreement. 2 . During the term of this Agreement, County shall store the above-described boat, motor, and trailer on City property. County will equip said boat with a Sheriff' s office radio, depth 411 finders, and boat cushions; and City will provide six PFD' s, a ring buoy, a paddle, and a boat hook. 3 . During the term of this Agreement, City shall be responsible for the routine maintenance and minor repairs of the boat; provided, however, that County shall pay for the materials and supplies needed to maintain the boat. Major repairs to the boat, the equipment thereon, or to the trailer shall be made upon written authorization of the County and paid by the County. The entity using the boat will pay for the gas and oil used to operate it during such use. 4 . Authorized personnel of the Redding Police and/or Fire Departments may use the boat for training purposes . City is to advise County by telephone when training sessions will be held; and County personnel shall have the right to be present during the training sessions. 5 . Personnel of City Police and Fire Departments shall use ' the boat to respond to life-endangering situations at the request of County. City Police and/or Fire Departments shall also, upon County' s request and if City personnel are available, ready the boat and transfer it to the river for County' s use in making a rescue or for law enforcement purposes. The parties hereto are not relinquishing any of their existing responsibilities for patrol or rescue services. 6 . As the County is self-insured, County agrees at all times during the term of this Agreement to: a) Defend, indemnify, hold harmless, and provide all legal defense and related services to City, its officers, agents and/or employees , for any loss or injury, regardless of its nature or character, in any manner whatsoever arising out of or related to the performance of this Agreement, unless the proximate cause of such claim, expense, demand, cause of action, liability, loss or injury is the sole negligence of City. -2- ♦ S b) Provide City with proof of self-insurance coverage prior to the commencement of this Agreement; and to immediately notify City if such coverage is discontinued. c) Provide City with evidence of a Certificate of Consent to Self-insure issued by the Department of Industrial Relations of the State of California. 7 . As the City is self-insured, City agrees at all times during the term of this Agreement to: a) Defend, indemnify, hold harmless, and provide all legal defense and related services to County, its officers, agents and/or employees, for any loss or injury, regardless of its nature or character, in any manner whatsoever arising out of or related to the performance of this Agreement, unless the proximate cause of such claim, expense, demand, cause of action, liability, loss or injury is the sole negligence of County. b) Provide County with proof of self-insurance coverage prior to the commencement of this Agreement; and to • immediately notify County if such coverage is discontinued. c) Provide County with evidence of a Certificate of Consent to Self-insure issued by the Department of Industrial Relations of the State of California. 8 . Officers, agents, and employees of County shall not be deemed officers, agents, or employees of City for any purpose. 9 . Officers, agents, and employees of City shall not be deemed officers, agents, or employees of County for any purpose. 10 . City may terminate this Agreement at any time by delivering the boat and related equipment to County. 11 . Either party may terminate this Agreement at any time upon 30 days ' written notice to the other party. 12 . Any notices or demands that may be given by either party hereunder shall be deemed to have been fully and properly -3- • given when made in writing, enclosed in a sealed envelope, and deposited in the United States Post Office, certified mail, postage prepaid, addressed as follows: To County: Clerk Board of Supervisors County of Shasta 1500 Court Street, #206 Redding, California 96001 To City: City Manager City of Redding City Hall 760 Parkview Avenue Redding, California 96001-3396 Copy to: Sheriff County of Shasta P.O. Box 4447 Redding, California 96099 . 13 . This Agreement supersedes any prior contracts between the County and City, and constitutes the entire agreement between the parties. Any amendments to this Agreement shall be made by written agreement of both parties. 14 . It has been determined that this matter is not subject to the provisions of CEQA. IN WITNESS WHEREOF, the parties hereto have caused the signatures of their authorized officers to be affixed to this Agreement on the date opposite each signature. COUNTY OF SHASTA: Date: `�`�N ? a !3n�Q , 1988 By: BOB BOO45 RTK` C 4i-r ffan Board of Supervisors County of Shasta State of California [Signatures continued on page 5] -4- • Signatures to Agreement for Use of County Patrol Boat, continued: ATTEST: MICHAEL D. JOHNSON -rk Board of Supervisors County of Shasta State of California CITY OF REDDING Date: , 1988 By: Mayor ATTEST: • ETHEL A. NICHOLS, City Clerk FORM APPROVED: RANDALL A. HAYS, City Attorney 0Approved as to form: 1.4 /Ai" County Cnsel of Shasta County -5-