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Home My WebLink About2004 CON Moynahan's Towing - Loan of VehiclesAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MOYNAHAN'S TOWING THIS AGREEMENT is entered into this 6th day of April, 2004, by and between the CITY OF NATIONAL CITY, a municipal corporation ("City"), and Moynahan's Towing, a Sole Proprietorship ("Moynahan's"). RECITALS WHEREAS, Moynahan's owns various vehicles, the title to which Moynahan's has acquired through its operations; and WHEREAS, the National City Police Depatl,uent is at times in need of the use of used, unmarked vehicles for undercover and surveillance operations; and WHEREAS, as a public service, Moynahan's is willing to loan its owned used, unmarked vehicles from time to time on a no -cost basis to the National City Police Department, provided the City is willing to indemnify and hold Moynahan's harmless from liability or damage to a loaned vehicle. NOW, THEREFORE, the City of National City and Moynahan's Towing agree that, as a public service, Moynahan's will loan used, unmarked vehicles to employees of the National City Police Department for undercover or surveillance operations at no cost to the City of National City, and that the City of National City will indemnify and hold harmless Moynahan's Towing from and against any liability caused by or from the operation of a loaned vehicle, or for damage to the loaned vehicle, by the National City Police Depatlinent. The City may, at its option, self - insure this exposure or obtain liability insurance. If insurance is purchased, Moynahan's Towing will be named as an additional insured. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY Approved as to Form: George H. Eiser, III City Attorney MOYNAHAN'S TOWING By: 17.1 %Y/ Tom Moynaha A-200 EXPLANATION Page Two Proposal The National City Police Department will accept loaned vehicles from Moynahan's Tow Company under the following under the following terms and conditions: 1. Moynahan's Tow Company will be responsible for maintenance and upkeep of the vehicle(s) and vehicle(s) defects out of the Police Department's control. 2. The loaned vehicle(s) are to be used only for official business. 3. That the City will insure the vehicle(s) and agrees to hold Moynahan's Tow Company harmless for any and all accidents and incidents involving the vehicle(s) and its operator(s). 4. The loaned vehicles will be only be borrowed on a daily basis. 5. The loaned vehicles will not be stored at the Police Department and will be returned to Moynahan's Tow Company at the conclusion of the operation. 6. The City of National City will refuel the vehicles prior to their return. The Police Department requests that the City Council approve acceptance of the loaned vehicle(s) under the conditions and terms proposed above. The vehicle(s) will be used by the police department in an undercover capacity and will not be used for general law enforcement or patrol duties. It is anticipated the Police Department will request loaned vehicles from Moynahan's Tow Company approximately once or twice a month. The City of National City Public Works will provide fuel for the vehicles but will not be responsible for any maintenance or upkeep. MEETING DATE April 6, 2004 City of National City, California COUNCIL AGENDA STATEMENT C01 tL AGENDA ITEM NO. 7 7-ITEM TITLE A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH MOYNAHAN'S TOWING FOR THE LOAN OF USED, UNMARKED VEHICLES AT NO COST TO THE CITY FOR USE BY THE NATIONAL CITY PQLICE DEPARTMENT FOR UNDERCOVER AND SURVEILLANCE OPERATIONS PREPARED BY Officer John Dou ertv - DEPARTMENT police EXPLANATION (Ext. 4522) The National City Police Department has long had a problem with prostitution and drug related activity in the downtown National City area. In 1997, the department's Neighborhood Policing Team (NPT) initiated a Problem Oriented Policing project targeting prostitution and the person associated with the activity. The project resulted in a significant drop in calls for service in the area and a drop in the number of prostitutes and drug dealers working the area. NPT regularly conducts maintenance sweeps in the area due to the ongoing presence of prostitutes and the related activity. The National City Police Department and Moynahan's Tow Company have been working together to create an agreement whereby the Police Department may borrow vehicles owned by Moynahan Tow Company for use in undercover operations. Moynahan's Tow Company has graciously offered to loan vehicles to the Police Department in an effort to improve the quality of life in National City. As such, the Police Department requests Moynahan's Tow Company be held harmless for any and all accidents and incidents involving the loaned vehicles while in the possession of the Police Department and/or during operation by Police Department employees. (Continued on page 2) CEnvironmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the proposed Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed Resolution Agreement Resolution No. A-200 (9;99) RESOLUTION NO. 2004 — 52 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH MOYNAHAN'S TOWING FOR THE LOAN OF USED, UNMARKED VEHICLES AT NO COST TO THE CITY FOR USE BY THE NATIONAL CITY POLICE DEPARTMENT FOR UNDERCOVER AND SURVEILLANCE OPERATIONS WHEREAS, Moynahan's Towing owns various vehicles, the title to which Moynahan's has acquired through its operations; and WHEREAS, the National City Police Department is at times in need of the use of used, unmarked vehicles for undercover and surveillance operations; and WHEREAS, as a public service, Moynahan's is willing to loan its owned used, unmarked vehicles from time to time on a no -cost basis to the National City Police Department for undercover and surveillance operations, provided the City is willing to indemnify and hold Moynahan's harmless from liability or damage to any loaned vehicle. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement between the City and Moynahan's Towing for the loan of used, unmarked vehicles for use by the National City Police Department for undercover and surveillance operations. Said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 6th day of April, 2004. ATTEST: 4 Michael R. Dal I.,/City Clerk APPROVED AS TO FORM: Georg H7iiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on April 6, 2004, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California City lerk of the Ci of i`' ational City, Ca ifornia By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2004-52 of the City of National City, California, passed and adopted by the Council of said City on April 6, 2004. City Clerk of the City of National City, California By: Deputy