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.
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N w C. CITY is self -insured against all losses arising out of the
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activities of its officers and employees, and is willing to hold AGENCY
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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.
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p NCW, ARE, CITY AND ACEr Y agree as follows:
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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.