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Home My WebLink AboutCC Resolution 13966 (Fire Operate Police Vessel)RESOLUTION NO. 13966 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING AN EXISTING AGREEMENT WITH THE CALIFORNIA STATE PARKS, DIVISION OF BOATING AND WATERWAYS, TO ALLOW TRAINED CITY OF SAN RAFAEL FIRE DEPARTMENT PERSONNEL TO OPERATE THE POLICE VESSEL, RESCUE 22. WHEREAS, in November of 2011, the City of San Rafael Police Department received a grant from the California State Parks, Division of Boating and Waterways, in the amount of $65,000. WHEREAS, in June of 2012, the City Council approved the purchase of a 22' Rogue Jet rigid hull inflatable rescue vessel. The purchase was completed in August of 2012. The vessel, known as "Rescue 22," has been used to provide boater safety and life-saving activities in the City of San Rafael's sphere of influence. WHEREAS, the California State Parks, Division of Boating and Waterways, has agreed to allow trained personnel of the City of San Rafael Fire Department to operate the vessel for life-saving activities. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES that it approves an amendment to the original grant agreement and authorizes the City Manager to execute, on behalf of the City of San Rafael, an Amending Agreement with the California State Parks, Division of Boating and Waterway, in the form attached as Exhibit "A" hereto and incorporated herein by reference. I, ESTHER C. BEIRNE, 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 City Council of said City held on Monday, the 6th day of July, 2015 by the following vote, to wit: AYES: COUNCELMEMBERS: Bushey, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Colin ESTHER C. BEIRNE, City Clerk AGREEMENT AMENDING BOATING SAFETY AND ENFORCEMENT GRANT EQUIPMENT AND OPERATION CONTRACT (Contract# 11-204-751) THIS AGREEMENT is made and entered into as of the 15th day of June, 2015, by and between the California State Parks, Division of Boating and Waterways. ("DBW"), and the City of San Rafael, a municipal corporation ("City"), (together "the Parties). RECITALS WHEREAS, DBW and City entered into that certain agreement dated September 1, 2011 (hereinafter "Contract #11-204-751"), pursuant to which DBW granted to CITY funds in an amount not to exceed SIXTY-FIVE THOUSAND DOLLARS AND NO/100 ($65,000.00), to be used for the purchase of a patrol boat for the exclusive use by the San Rafael Police Department in its law enforcement activities; and WHEREAS, the City used the granted funds to purchase that certain vessel described as a 2013 Rogue Jet, 22' long, serial number RQJT13661213, with a Merc Cruiser 150 Outdrive, CA CF# 5424XC (hereinafter "the vessel"), which the San Rafael Police Department is currently using in its regular course of law enforcement duties; and WHEREAS, Contract #11-204-751 has a term of fifteen years, expiring on August 31, 2026, and Exhibit B, Section 2 thereof requires that any amendment to the terms of said contract must be made in writing, and approved and signed by the Parties; and WHEREAS, currently, the only operators for the vessel are City of San Rafael Police Department employees; however the City desires to amend the terms of Contract #11-204-751 to allow trained personnel of the City of San Rafael Fire Department also to operate the vessel from time to time for rescue and life-saving activities; and WHEREAS, allowing operation of the vessel by San Rafael Fire Department personnel will benefit the citizens of City and the general public using local waterways, by increasing the availability of trained operators to deploy the vessel for rescue and lifesaving activities; NOW, THEREFORE, DBW and City agree as follows: AGREEMENT 1. Use by San Rafael Fire Department. Contract #11-204-751 is hereby amended to permit the use and operation of the vessel by authorized and trained personnel of the City of San Rafael Fire Department for rescue and life-saving activities, as well as by the San Rafael Police Department for law enforcement purposes. 2. Assumption of Risk. In addition to any other obligations and liabilities of City pursuant to Contract #11-204-751, which obligations and liabilities are hereby affirmed, City agrees to and shall assume all risks, liabilities and responsibilities related to use of the vessel by San Rafael Fire Department personnel. City shall not permit any San Rafael Fire Department decals, markings or fire suppression equipment to be applied to or installed upon the vessel. City shall not permit the vessel to be used for fire suppression activities. 3. Term of Agreement. The term of this Agreement shall begin on the date set forth above and shall terminate concurrently with the expiration or other termination of Contract #11-204-751. Notwithstanding the foregoing, DBW may terminate this Agreement without cause at any time upon thirty (30) days' written notice to City, and upon such termination, Contract #11-204-751 shall continue according to its original terms, and any modifications thereto made by this Agreement shall be of no further force and effect. 4. Indemnity. The City hereby agrees to and shall indemnify and hold harmless DBW and its elected and appointed boards, officers, agents, employees and volunteers from and against any and all liability for any and all claims, demands, actions, losses, damages, injuries and deaths, whether directly or indirectly caused by, related to, or, arising out of this Agreement (including any and all costs and expenses in connection therein) or connected in any way with the San Rafael Fire Department's use or operation of the vessel. This indemnity and hold harmless agreement shall apply to all damages and claims for damages, of every type and kind, including but not limited to attorneys fees and costs of suit, suffered by or alleged to have been suffered by any person or persons, regardless of whether or not any insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 5. Compliance with Regulations. Notwithstanding any other provision of this contract or contract amendment, the City of San Rafael, by and through its Police Department and its Fire Department, agree to strictly comply with the requirements of 14 CCR § 6594.4, in particular that the San Rafael Fire Department, and its employees, officers, agents and volunteers shall not use, nor shall the San Rafael Police Department or its employees, officers, agents or volunteers allow the use of the equipment or patrol boats that are the subject of this Contract or Contract Amendment unless it is for purposes directly related to boating safety and boating law enforcement activities. Any other use of such equipment or patrol boat(s) shall render this Contract, and Contract Amendment, void and of no effect, except for the Indemnity and Insurance provisions of this Contract and Contract Amendment, which shall remain in full force and effect and shall be fully enforceable against the City. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. CITY OF SAN RAFAEL By: ce, wt-�U City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney` CALIFORNIA STATE PARKS, DIVISION OF BOATING AND WATERWAYS By: �� [Title]IN. v