HomeMy WebLinkAboutCity Council - 4520 RESOLUTION NO. 4520
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AUTHORIZING THE CITY ADMINISTRATOR
TO EXECUTE THE BAILMENT AGREEMENT FOR USE OF THE
CRIME PREVENTION MOBILE UNIT
WHEREAS, the City of Huntington Beach is a participant in
the "Orange County Burglary Prevention Through Citizen Participa-
tion Program" sponsored by the County of Orange; and
Said county has purchased a twenty-seven (27) foot motorized
crime prevention mobile unit, referred to hereinafter as "vehicle, "
for the use of the program' s participating cities, and the Police
Department of the City of Huntington Beach is desirous of using
such vehicle; and
It is necessary that the city execute a bailment agreement
with the county before use of such vehicle is permitted,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Huntington Beach that the City Administrator is hereby
authorized to execute the bailment agreement between the city
and the County of Orange, a copy of which is attached hereto,
marked Exhibit "A, " and by reference made a part hereof, and
the city may further participate in the "Orange County Burglary
Prevention Through Citizen Participation Program" through the
use of the recently-purchased crime prevention mobile unit.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 6th
day of September, 1977 •
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ATTEST:
Mayor
City Clerk
WSA:ahb
1.
APPROVED AS TO FORM:
Assist t City orney
REVIEWED AND APPROVED: INITIATED AND APPROVED:
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Citt Administrator Chief o -Police
2.
a
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1i BAILMENT AGREEMENT FOR USE OF
i
2i CRIME PREVENTION MOBILE UNIT
31 This Agreement made and entered into ' �- 1977
4j which date is enumerated for purposes of reference only , by and between
5 the County of Orange a body corporate and politic , organized and existing
6 under the laws of the. State of California , hereinafter referred to as
7 "COUNTY" and the City of hereinafter referred
to as "CITY
g WITNESSETN :
10 WHEREAS , is a participant in the "Orange County
11 Burglary Prevention Through Citizen Participation Program" sponsored by
12. COUNTY ; and
13 WHEREAS , in the course of said project police employees from
14 CITY will be driving and operating a crime prevention mobile unit which
15 has been purchased with Federal Funds and registered with the Department
16 of Motor Vehicles as belonoino to COUNTY ; and
17 WHEREAS , COUNTY does not wish to be held liable for the acts or
18 omissions of the employees , officers , or agents of CITY in the course of
19 the project .
20 N014 , THEREFORE in consideration of the mutual promises of the
21 parties hereto , it is agreed :
22 " 1 . HOLD HARMLESS A14D INSURANCE
23 The CITY shall indemnify, hold harmless , and defend COUNTY , its
24 officers , agents and employees against all liability , claims , losses ,
25 demands , and actions from : (a) Injury to or death of persons or damage to
26 property, regardless of ownership; arisinq out of or alleged to arise out
27 of or in consequence of the use , operation , or possession of said vehicle ,
28 provided such liability, claims , demands , losses or actions are claimed
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1 ' to be due to the acts or omissions of employees , officers , or agents of
21 CITY, except for the sole negligent acts or omission of COUNTY , officers ,
31 employees , or agents ; (b) a claim by any employee of CITY for compensation '
4 or any other benefits under the Workers ' Compensation Laves ( California
5 Labor Code) .
6 CITY agrees to maintain comprehensive insurance coverages throuot
7 out the term of this Agreement adequate to protect CITY and the County of
8 Orange against all foreseeable risksof loss arising from acts or omission _
9 in connection with this Agreement , and to furnish written evidence of such
10 insurance to COUNTY , certifying full limits of liability maintained , which
11 limits shall in no event be less than $1 ,000 ,000. Such insurance shall be
12 with a company or companies and such policies shall be in a form meeting
13 the approval of the County of Orange . Said policies will not be subject
14 to cancellation, material change , or non-renewal , without 30 days written
15 notice to the County of Orange , as 'provided in Article IV page 3 lines �
16 5 through 9 .
17 CITY warrants that it has complied with provisions of the Work-
18 men ' s Compensation laws and shall continue to comply therewith.
19 11 LOSS OR DAMAGE
20 If said vehicle or accompanying equipment (displays , or fixturesi
21 is stolen, totally destroyed, or damaged , while in CITY ' s exclusive pos-
22 session or control , CITY shall promptly notify COUNTY thereof. COUNTY
23 shall` repair or replace vehicle or accompanyi`na equipment and invoice i
24 CITY for the cost , of repair or replacement . CITY aorees to promptly pay
25 COUNTY for any loss or damage to the vehicle due to its sole use , operation
26 or possession of said vehicle . L
27 111 . PERMITTED USE I
,
28 CITY agrees that said vehicle and equipment shall be used only
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for lawful purposes by safe , careful , licensed drivers . The Chief of
2111Police shall designate the officers , employees , or avents of CITY who
3 are to act as custodian of said vehicle while .in CITY ' s exclusive posses
4 � sion or control .
5 IV . NOTICES
6 Notices should be sent- to COUNTY as follows -
7 Burglary Program Administrator
Orange County Criminal Justice Council
8 P . O. Box 1405
9 Santa Ana , California 92702
10 V. TERM OF AOP.EEMENT
11 The term of this Agreement shall be to
12 This Agreement shall become effective upon ex
13 , ecution by the Mayor of the City of
14 IN WITNESS VIHEREOF ,. the parties hereto have executed this Agree
15 ment to the day and year s' ecified below, b their duly authorized officer;p � Y Y o icer;
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1 } ITY OF THE COUNTY OF ORANnE
2 , +�
3 B Y : � BY
4 Ronald R. Pattinson
Typed Name- (Typed ame -5 Mayor
Title
64 (Title)
}I Date ( Date)
7 ) AT sm
gadCity Clerk
9 APPROVED AS TO FORM APPROVED AS TO FORM
ADRIAM KUYPER , County Counsel
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12 BY : BY :
( Deputy)
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16 ATTEST
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19 CLERK OF BOARD OF THE BOARD OF
SUPERVISf1RS
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Res. No. 4520
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I ALICIA M. WE 0 d elected NTW RTH the u1 qualified City
Y q Y
Clerk of the City of Huntington Beach, and ex-officio Clerk of the
City Council of said City, do hereby certify that the whole number of
members of the City Council of the City of Huntington Beach is seven;
that the foregoing resolution was passed and adopted by the affirmative
vote of more than a majority of all the members of said City Council
at a regular meeting thereof held on the 6th day
of September , 1977 , by the following vote:
AYES: Councilmen;
Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson
NOES: Councilmen:
None
ABSENT: Councilmen:
Shenkman
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California