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HomeMy WebLinkAbout2009 CON Miles of Cars Assoc - Vehicles for NCPDUNDERCOVER VEHICLE ENHANCEMENT PROGRAM AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY MILE OF CARS ASSOCIATION This Agreement is made and entered into this 3rd day of November, 2009, by and between the City of National City and the National City Mile of Cars Association. Objective: Enhance the National City Police Department (hereinafter "NCPD") Investigation Unit's surveillance capabilities by adding two unmarked automobiles to the pool of investigative automobiles. Program Description: • The Mile of Cars Association will provide two serviceable, used, unmarked automobiles to the NCPD Investigations Unit. • A different dealer will provide replacement automobiles every sixty (60) days and the prior dealer will remove its automobiles from the program. • Each dealership on the Mile of Cars will take a turn providing the automobiles. • A rotation schedule will be prepared by the Mile of Cars Association. • The automobiles will be picked up and returned to the dealership by NCPD Investigations personnel. • The automobile registrations will remain in the name of the National City Mile of Cars dealer, per Department of Motor Vehicle regulations. • The City of National City is self -insured against all losses arising out of the activities of its officers and employees and is willing to hold the Mile of Car dealers harmless from any risk or loss arising from the activities of its police department, in consideration for the use of the Mile of Cars Dealers vehicles. The City of National City shall indemnify, defend and hold harmless the Mile of Cars Dealers, its officers and employees against all claims, suits, liabilities, and losses including all costs of defense arising out of the Mile of Cars Dealers providing vehicles to the National City Police Department pursuant to this Agreement; provided, however, that this agreement to indemnify and hold harmless shall not apply to any claims or liability arising from the established sole negligence or willful misconduct of the Mile of Cars Association or its agents, officers, or employees. A Memorandum of Insurance will be issued to each dealer involved in this program, as well as the Mile of Cars Association. • The Mile of Cars dealer will perform any maintenance required on the automobiles that they provide. The City of National City will be responsible for any damage to the vehicles during the loan. • The Investigations Department Sergeant will coordinate the program. Term of the Agreement: The agreement between the City of National City and the National City Mile of Cars Association will go into effect on the date first above written. The Agreement will remain in effect until or unless either party, acting through the Chief of Police or the President of the Mile of Cars Association, terminates this Agreement by written notification thirty days in advance. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: George Eiser i11, City Attorney MILE OF CARS ASSOCIATION (Corporation — signanrres of two corporate officers) By: (Title) (Nam; GR.P.4,00 L V1NU y) (Print) (Title) Page 2 RESOLUTION NO. 2009 — 269 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE NATIONAL CITY MILE OF CARS ASSOCIATION TO PROVIDE TWO SERVICEABLE, USED, UNMARKED VEHICLES EVERY 60 DAYS FROM VARIOUS PARTICIPATING DEALERS TO BE USED BY THE NATIONAL CITY POLICE INVESTIGATIONS UNIT AT NO COST TO THE CITY WHEREAS, the Mile of Cars Association has agreed to provide two serviceable, used, unmarked vehicles to the Police Department's Investigation Unit at no cost to the City; and WHEREAS, different participating dealers will rotate their vehicles on loan to the City every 60 days with the City providing liability coverage for the use of the vehicles through its program of self-insurance while using the vehicles, and will indemnify the Mile of Cars Association during the period of use. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with the National City Mile of Cars Association to provide two serviceable, used, unmarked vehicles every 60 days from various participating dealers to be used by the Police Department's Investigations Unit at no cost to the City. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of November, 2009. on Morrison, Mayor ATTEST: Michael R. Dall , City Clerk APPROVED AS TO FORM: / ) 7 412a_ George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on November 3, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Van Deventer, Zarate. Nays: None. Absent: Councilmember Sotelo-Solis. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California cutrziiCk of the City 47 City y of N ional City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-269 of the City of National City, California, passed and adopted by the Council of said City on November 3, 2009. City Clerk of the City of National City, California By: Deputy G'A DOq • City of National City, California CITY COUNCIL AGENDA STATEMENT MEETING DATE November 3, 2009 AGENDA ITEM NO. 9 (--- ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE NATIONAL CITY MILE OF CARS ASSOCIATION TO PROVIDE TWO SERVICEABLE, USED, UNMARKED VEHICLES EVERY 60 DAYS FROM VARIOUS PARTICIPATING DEALERS TO BE USED BY THE NATIONAL CITY POLICE INVESTIGATIONS UNIT AT NO COST TO THE CITY PREPARED BY DEPARTMENT Dennis Leach Police Department EXPLANATION The Mile of Cars Association has agreed to provide two serviceable, used, unmarked automobiles to the NCPD Investigations Unit, free of charge. Different participating dealers will rotate their automobiles on loan to the City every sixty days. The City will provide liability coverage for the use of the automobiles through its program of self-insurance while using the automobiles and will indemnify the Mile of Cars Association during such period of use. Environmental Review J N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff Recommends Approval - No Fiscal Impact BOARD I COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. o C Agreement A-200 (9/99) OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Della, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax MILE OF CARS ASSOCIATION Resolution No. 2009-269 Undercover Vehicle Enhancement Program Dennis Leach (Police) Forwarded Copy of Agreement to Miles of Cars Assoc.