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HomeMy WebLinkAboutCC RESO 14,893RESOLUTION NO. 14,893 RESOLUTION APPROVING FORM AGREEMENTS FOR RENTAL OF VEHIrT,FS FOR USE BY THE POLICE DEPARTMENT IN CRIME SUPPRESSION ACTIVITIES, AND AUTHORIZING THE CITY MANAGER AND nib MAYOR TO ENTER INTO AGREEMENTS WITH AUTOMOBILE AGENCIES WHEREAS, the City of National City Police Department desires to have the use of various unidentified automobiles which can be used in crime suppression activities; and WHEREAS, certain automobile dealers located within the city are willing to rent vehicles to the Police Department for crime suppression activities, subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that it does hereby approve the form agreements for vehicle use by the Police Department, copies of which are attached hereto as Exhibits "A" and "B" and incorporated herein by reference, and that the City Manager and the Mayor are authorized and directed to enter into agreements with participating automobile agencies using either of said form agreements. PASSED and ADOY'1J this 25th day of March, 1986. ATTEST: Ion = Campbell, CityCClerk ROVED AS TO FORM: George H. Eiser, III -City Attorney City of National City Office of the City Attorney 1243 National City Blvd., National City, Ca. 92050-4397 (619) 477-1181 George H. Eiser, III —City Attorney MAY 19, 1986 TO: CITY CLERK FROM: CITY ATTORNEY SUBJECT: TRANSMITTAL OF THE AGREEMENT BETWEEN THE CITY AND MILE OF CARS Enclosed for your files is the original agreement executed by the City and the Mile of Cars for vehicle use by the police department. GEORGE H. EISER, III City Attorney GHE:ng cc: Capt. Fowler EXHIBIT "A" AGREEMENT FOR VEHICLE USE BETWEEN THE • CITY OF NATIONAL CITY AND The City of National City, hereinafter referred to as "CITY", and hereinafter referred to as "AGENCY", agree as follows: RECITALS A. AGENCY and CITY desire to cooperate in engaging in activities for the suppression of crime within the City of National City. B. CITY, through its Police Department, desires to have the use of • various unidentified automobiles which can be used in suppression of crime, a and AGENCY desires to provide unidentified vehicles for use•in crime C a suppression activities of the Police Department of the City of National City, o X subject to certain conditions. q ;-7 0 ▪ '10 x E N w C. CITY is self -insured against all losses arising out of the c�Naa 2: ra o activities of its officers and employees, and is willing to hold AGENCY z co H H w x z harmless from any risk or loss arising from the activities of its police EVERYTIIING HAS RESOLUTION NO. 3 department, in consideration for the use of AGENCY'S vehicles. Q H H 1-4 p NCW, ARE, CITY AND ACEr Y agree as follows: H sx xx w w Section 1. Rental of cars: AGENCY shall provide such motor vehicles as CITY'S Police Department may request for its use in its crime prevention program. • Section 2. Rental Fee. CITY shall.pay AGENCY a rental fee for the use of its vehicles, of one dollar ($1.00) per month. Section 3. Indemnification. CITY is self -insured against claims and risk of loss arising from and out of the activities of the officers of the City of National City Police Department. CITY shall indemnify, defend, and hold harmless AGENCY and its officers and employees, against all claims, suits, liabilities, and losses, including all costs of defense, arising out of AGENCY providing vehicles to the National City Police Department pursuant to this agreement. Section 4. Termination. This Agreement may be immediately terminated, by either party, by delivering a written declaration of intent to terminate to the following: _;;'^ . -. CITY: CITY NATThGER 1243 National City Boulevard National City, CA 92050 AGEN t: (Representative) (Address) IN WITNESS WHEREOF, pursuant to City Council Resolution No. CITY has executed this Agreement on this day of by and through its City Manager, and AGENCY has executed this Agreement by and through its president, an this day of CITY.OF NATIONAL CITY BY: CITY MANAGER (AGENCY) By: PRESIDENT • AGREEMENT FOR VEHICLE USE BETWEEN THE CITY OF NATIONAL CITY AND '11it NATIONAL CITY MILE OF CARS 1. RECITALS 1.1 The City of National City (City) and the National City Mile of Cars, an unincorporated association of merchants (Mile of Cars), and the members of its association, namely: Ball Honda/Ball Oldsmobile; Bob Baker Chevrolet/Bob Baker Isuzu; Brown Motors, Inc.; Colonial Ford; Frank Motors Lincoln-Mercury/Frank Motors Toyota; Harrison Buick; McCune Motors, Inc.; Mossy Nissan; National City Mitsubishi; Stanley Dodge; Webster Pontiac; Westcott Mazda, and Westcott Motors, Inc., desire to cooperate in engaging in activities for the suppression of crime within the City. 1.2 The City, through its Police Department, desires to have the use of various unidentified automobiles which can be used in the suppression of crime, and the Mile of Cars, through its members named above, desires to provide the same for the use as unidentified vehicles for crime suppression activities of the Police Department of the City of National City. 1.3 The City of National City has insurance to insure against all losses arising out of the activities of its officers and agents, and the City of National City desires to hold harmless the Mile of Cars Association and its members from any risk of loss arising from the activities of its Police Department in connection with this agreement. 2. AGREEMENT The City, the Mile of Cars, and each of its members, agree as follows: 2.1 Rental of Cars: The Mile of Cars, or any member thereof, shall provide such motor vehicles as the City Police Department may describe for its use in its crime prevention program for the use of said Police Department upon the terms and conditions herein set forth. 2.2 The City shall insure the Mile of Cars and its members against claims and risk of loss arising from and out of the activities of the officers of the City of National City. 3. RENTAL FEE 3.1 The City shall pay the Mile of Cars, or the member supplying the motor vehicle, a rental fee of $1.00 per month per car. 4. INDEMNIFICATION 4.1 Anything to the contrary notwithstanding, the City of National City shall indemnify and save the National City Mile of Cars and its members free and harmless of all risk of loss and claim, including defense against actions arising out of and from the providing of vehicles to the City of National City and its Police Department for crime suppression activities. 5. TERMTNATION 5.1 This agreement may be terminated by either party, without notice, by delivering a written declaration of intent to terminate as follows: 2 City of National City: Mile of Cars: City Manager The then -President of the Mile of Cars, or the owners, or any individual member dealer thereof at their place of business. IN WITNESS WHEREOF the City shall execute this Agreement on this 7 day of and the Mile of Cars has executed its Agreement by and through president and individual members, on this /day of /Jt/'E NATIONAL,CITYJMOP/CARS MCCUNE MOTORS, INC. STANLEY IX) By 1986, by and through its Mayor and City Manager, WEBSTER •.NTIAC J By WEI6TOOIT MAZDA By CITY OF NATIO ►Lip CITY Mayor its . 1986. City Manager.By * * * * *. *. * * * * * * * * * * * * BOB r • CHEEVROLET/BOB BAKER ISUZU President 1 BROWN By COLONIAL By FRANK - 3 WESICOTT MOTORS, INC.