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Home My WebLink AboutC-1253 - Identi-Kits 1969-70DATE October 29, 1969 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1253 Description of Contract Identi -Kit lease Authorized by Resolution No. $072 , adopted on 9 -22 -69 Effective date of Contract July 1, 1969 Contract with Orange Gounty Peace Officess Association. Inc. Address P. O. Box 1042 Santa Ana, California Amount of Contract See contract v City Cle c — Identi -Kit No. A G R E E M E N T i THIS AGREEMENT made and entered into this let day of July, i.... 19 69, by and between the ORANGE COUNTY PEACE OFFICERS ASSOCIATION, INC., herein called "ASSOCIATION", and the CITY OF NEWPORT BEACH a Municipal corporation, herein called "CITY ": W I T N E S S E T H WHEREAS, there is wide interest among the law enforcement agencies of the County of Orange in the use of Identi -Kite for the forming of a reproducible likeness of individual observed in the axe - cution of a major crime in the furtherance of law enforcement activities and the apprehension of persons accused of criminal activity within the County of Orange; end WHEREAS, ASSOCIATION has for its major purpose the education, training and assistance to peace officers and the upgrading of law enforcement in Orange County, California; and WHEREAS, the Identi -Kit Division of the Townsend Company is located in Orange County, manufactures and distributes on a lease baste Identi -Kite on a monthly rental charge of $25.00 per month for the rental of a single kit, reducing on a eliding scale to $10.00 per month': for the sixth and each succeeding kit to any single lessee. NOW, THEREFORE., in consideration of the mutual promises and agreements herein contained, the parties hereto agree one with the i other as follows: 1. In the interest of reducing the cost of possession end use of Identi -Kite to its members. ASSOCIATION is now negotiating with the Townsend Company for a :master Issas agreement to go into effect on July L, 19-61• 2. ASSOCIATION.seeks to render this service without profit to . itself, to pees along to thel.various law enforcement departments of ` �l� the County of Orange, all saving effected by the execution of a master agreement excepting only a small monthly charge over net cost to ASSOCIATION to cover ASSOCIATION's cost and to insure against financial loss to ASSOCIATION. 3. This Agreement shell not be binding upon either party hereto and any payments made by CITY hereunder shall be refunded to CITY un- less ASSOCIATION enters into a lease agreement with the Townsend Company for the supplying of Zdenti -Kite as contemplated by this Agreement. 4. The payment due from CITY to ASSOCIATION may be made on an annual basis, a semi- annual basis or a quarterly basis. If made on an annual basis the some shall be paid prior to July. 15, 19 &, and if made on a semi- annual or quarterly basis the first payment must be made prior to July 15,19.4f, and the subsequent payments must be made prior to October /S , 19.6.r, January /5, 19Z, and April /S 19Z, if the payment plan be quarterly, and prior to January 6E, 1920, if the plan be semi- annual.. 5. The annual cost to CITY for the lease of one Identi -Kit shall be based upon the number of low enforcement agencies contracting with ASSOCIATION for kits for the fiscal year beginning July 1, 194Lt'. and ending June 30, 192, to be computed upon the following tablet NUMBER OF CITIES CONTRACTING .`.ANNUAL RENTAL CHARGE FOR IDENTI -KITS EACH CITY 7 $186.00 B $178.00 9 1 `.'d� $173.00 10 $168.00 11 5164.00 12 $161.00',.`: 13 $158.00 14 $156.00 15 3154.00 16 $152.00 17 5151.00 -2• It is expected that cities will be on contract during 19A - 19.70. Making the price to each City 6. It is agreed that in event one or more cities fail to pay their rental charge under this Agreement the cost to the remaining contracting cities will go up as provided for.on the table of charges hereinebove in Paragraph 5 set out, and that iri event one or more 't cities are added as contracting parties the rental charge will be reduced in accordance with the table in said Paragraph 5, it being understood that the change in rental rate will affect only the balance or unused portion of the rental year. g 7. ASSOCIATION agrees to furnish to CITY one (1) Identi -Kit I for its use during the 196!2-19.27 fiscal year, and that the parties to ar this Agreement will insert the identifying serial number of said kit i in the space provided therefor at the top of Page One, B. The Identi -Kit shall remain the property of the Townsend Company and shall be returned to said Company without delay at the end of said fiscal year, immediately upon failure to make any payment herein provided for or upon any other termination of this Agreement, in as good condition as when received by CITY, ordinary wear and tear accepted. 9. CITY agrees to maintain said Identi -Kit in good condition and to exercise great care for its security from fire, theft or other I, I' casualty, end, in event of lose or destruction of said kit or any part thereof, to reimburse the Townsend Company therefor in the amount of i $1,500.00 for said Identi -Kit or such charge as said Company shell i make for replacement of damaged unite. 10. CITY agrees to.pay any taxes.or assesments that may be i levied or required-of the "Townsend Company on the Identi -Kit leased by CITY. The Townsend Company shall have the right to inspect -and repair the Identi -Kit held by CITY and to make such repairs and re- placements as said Company.mey deem necessery,. and CITY agrees to pay I I x { the reasonable charges for repairs and replacements not caused by said Company's agents or by ordinary wear and tear or material defect, 11. CITY agrees that the Identi -Kit manual is a part of said kit and agrees to handle the same with care and to make no repro- duction of said manual or any part of said kit, all of the same biting a5� CITY OF NEWPORT BEACH CITY ATTORNEY epartment TO: City Clerk DATE: August 6, 1969 FROM: City Attorney SUBJECT: Resolution re agreement with Orange County Peace Officers Association, Inc., for lease of Identi -Kits Forwarded are two copies of the above agreement, executed by officers of the orange County Peace Officers Association and approved as to form by the City Attorney, together with copies of a proposed resolution authorizing execution of same on behalf of the City. It is requested that this matter be placed on the Council agenda for the meeting of August 11th. THS:mh Att. cc: City Manager Chief of Police J TULLY H. SMMOUR City Attorney .u� ,.:: A G R E E M E N T Identi -Kit No. THIS AGREEMENT made and entered into this 1st day of July, 1968 , by and between the ORANGE COUNTY PEACE OFFICERS ASSOCIATION, INC._, herein called "ASSOCIATION ", and the CITY OF Newport Beach , a Municipal corporation, herein called "CITY ": W I T N E S S E T H WHEREAS, there is wide interest among the law enforcement agencies of the County of Orange in the use of Identi -Kits for the forming of a reproducible likeness of individual observed in the exe- cution of a major crime in the furtherance of law enforcement activities and the apprehension of persons accused of criminal activity within the County of Orange; and WHEREAS, ASSOCIATION has for its major purpose the education, training and assistance to peace officers and the upgrading of law enforcement in Orange County, California; and WHEREAS, the Identi -Kit Division of the Townsend Company is located in Orange County, manufactures and distributes on a lease basis Identi -Kits on a monthly rental charge of $25.00 per month for the rental of a single kit, reducing on a sliding scale to $610.00 per month for the sixth and each succeeding kit to any single lessee. NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained, the parties hereto agree one with the other as follows: 1. In the interest of reducing the cost of possession and use of Identi -Kits to its members, ASSOCIATION is now negotiating with the Townsend Company for a master lease agreement to go into effect on July Imo, 19-EdL. 2. ASSOCIATION seeks to render this service without profit to itself, to pass along to the various law enforcement departments of -1- a N the County of Orange, all saving effected by the execution of a master agreement excepting only a small monthly charge over net Cost to ASSOCIATION to cover ASSOCIATION's cost and to insure against financial loss to ASSOCIATION. 3. This Agreement shall not be binding upon either party hereto and any payments made by CITY hereunder shall be refunded to CITY un- less ASSOCIATION enters into a lease agreement with the Townsend Company for the supplying of Identi -Kits as contemplated by this Agreement. 4. The payment due from CITY to A550CIATION may be made on an annual basis, a semi - annual basis or a quarterly basis. If made on an annual basis the same shall be paid prior to July 15, 1968 , and if made on a semi - annual or quarterly basis the first payment must be made prior to July 15, 1969 , and the subsequent payments must be made prior to October 15, 1968 , January15 , 1969 , and April 15, 1969 , if the payment plan be quarterly, and prior to January 15, 1969 , if the plan be semi - annual. 5. The annual cost to CITY for the lease of one Identi -Kit shall be based upon the number of law enforcement agencies contracting with ASSOCIATION for kits for the fiscal year beginning July 1, 1968 0 and ending June 30, 1969 , to be computed upon the following table: NUMBER OF CITIES CONTRACTING ANNUAL RENTAL CHARGE FOR IOENTI -KITS EACH CITY 7 $186.00 B $178.00 9 $173.00 10 $168.00 11 $164.00 12 $161.00 13 $158.00 14 $156.00 15 $154.00 16 $152.00 17 $151.00 -2- ,. V I- A •. It is expected that 14 cities will be on contract during 1968 - 19 69 . Making the price to each City $ 156.00 . 6. It is agreed that in event one or more cities fail to pay their rental charge under this Agreement the cost to the remaining contracting cities will go up as provided for on the table of charges hereinabove in Paragraph 5 set out, and that in event one or more cities are added as contracting parties the rental charge will be reduced in accordance with the table in said Paragraph 5, it being understood that the change in rental rate will affect only the balance or unused portion of the rental year. 7. ASSOCIATION agrees to furnish to CITY one (1) Identi -Kit for its use during the 1968 -1969 fiscal year, and that the parties to this Agreement will insert the identifying serial number of said kit in the space provided therefor at the top of Page One. 8. The Identi -Kit shall remain the property of the Townsend Company and shall be returned to said Company without delay at the end Of said fiscal year, immediately upon failure to make any payment herein provided for or upon any other termination of this Agreement, in as good condition as when received by CITY, ordinary wear and tear accepted. 9. CITY agrees to maintain said Identi -Kit in good condition and to exercise great care for its security from fire, theft or other casualty, and, in event of loss or destruction of said kit or any part thereof, to reimburse the Townsend Company therefor in the amount of $1,500.00 for said Identi -Kit or such charge as said Company shall make for replacement of damaged units. 10.. CITY agrees to,pay any taxes or assesments that may be levied or required of the Townsend Company on the Identi -Kit leased by CITY. The Townsend Company shall have the right to inspect and repair the Identi -Kit held by CITY and to make such repairs and re- placements as said Company may deem necessary, and CITY agrees to pay -3- the reasonable charges for repairs and replacements not caused by said Company's agents or by ordinary wear and tear or material defect. 11. CITY agrees that the Identi -kit manual is a part of said kit and agrees to handle the same with care and to make no repro- duction of said manual or any part of said kit, all of the same being copyrighted material owned by the Townsend Company. CITY further agrees that said kit is for use as a law enforcement tool and shall not be used for commercial purposes. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their officers thereunto duly authorized by the Board of Directors and the City Council of said parties respectively to be in effect the day and year first above written. APPROVE±! AS TO iii y eymou City Attorney -4- ORANGE COUNTY PEACE OFFICERS ASSOCIATION, INC. �! By President Secretary CITY OF NEWPORT BEACH A:i> 11,1, ,11 Mayor Attested / �� i i .. �, . - T 1/69 (10) '✓ 9 2 Its OF Tw TY COMIL Or Too CUT Of, RT BRACH AIM TO MCMION OF 3 AN AGE WM TM i Y ffAM E)MCERS A�=v DIE',.. 4 5 Won pxesented to tbS City Oiail 6 of the City of Newport Bea4l a "certain &groom At With the Orange 7 Cmmty .poace MUM$ Assootattm, Im#:, for the leasing of as 8 Identi -Kit obta3Aed b;y "`raid asssolatien under a master learn 9 agreement With the Townsi a i. 6t y for tuw by the Diasrpwt. beech 10 Police Depart merit dutiaag the 1968-l"91'-fiscal year beginning 11 July 1. 1968; and 12 WAZZM, tbo City Council Batt coaaidared tbo terms and 13 conditions of said agroMoUt aad found thm to be reasonable and 14 switabie, 15 a pp , iS IT JMSOLM tMt tbs Hayor and City 16 Clerk are hsr*by sutltorised and direct4d to execute said agree 17i msnt on behalf of the City of Newport beach. 18 ADQr= this ckW of June 1968. 19 6 " Mayor 21 ATTEST_ 2311 V 24 25 26 27 28 29 30 31 32 254 June 27, 1968 Orange County Peace Officers Association, Inc. Office of Secretary P. 0. Box 1042 Santa Ana, California Gentlemen: The Newport Beach City Council authorized the execution of an agreement with you for the lease of an Identi -Kit for use by our Police Department during the 1968 -69 fiscal year. An executed copy of the contract is enclosed. Very truly yours, Laura Lagios City Clerk City of Newport Beach LL:ih Enc. cc: Police Department i i Orange County Rcace Officers Assn �6c Office of-, Secretary POST 1042 wn SANTA ANA. CALIFORNIA SOLD TO ri t%p* of N Data 19 How'19M Address C1 ty Mal 1, -Mm6=+ Eimedh Cil I f Your Order No. Deliver to wrmart EW@ch Palo cm rhmartmant our Order Noraptract To: From: CITY OF NEWPORT BEACH City Clerk City Attorney CITY ATTORNEY DEPARTMENT June 12, 1968 G_y Subject: Agreement with Orange County Peace Officers Association, Inc. Transmitted are: 1. Two copies of the subject agreement for the leasing of an Identi -Kit for use by the Police Department during the 1968 -1969 fiscal year, beginning July 1, 1968, approved by me as to form. 2. Copy of a memorandum dated May 15, 1968, from the Orange County Peace Officers' Association to Chiefs of Police, together with a memorandum dated May 16, 1968, from Chief Glavas to the City Manager recommending continuation of the agreement; also, the invoice mentioned in the May 15 memo. 3. Resolution which, if adopted by the City Council, will authorize execution of the agreement on behalf of the City. This is in order for presentation meeting on June 24, 1968, pursuant request to you on June 5. THS:mec Atts. to the City Council at their to the Assistant City Manager's ,. z�i Tully Se� City Attorney cc - City Manager (Attention: Assistant City Manager) Chief of Police 254, CITY OF NEWPORT BEACH POLICE DEPARTMENT . May 16, 1968 TO: Harvey L. Hurlburt, City Manager FROM: James Glavas, Chief of Police Attached is the yearly agreement for continuation of the Identi -Kit lease. All seems to be in order and I would recommend its continuation. Iie mes Glavas of Police Attachment r ORANGE COUNTY PEACE OFFICERS' ASSOCIATION 15 May 1968 MEMORANDUM FOR CHIEFS OF POLICE: Enclosed is an agreement for use of Identi -Kit for period 1 July 1968 to 30 June 1969. It is requested that one copy be executed and returned to Association as soon as possible. This action will enable Association to make adjustments in accounts based on number of participating Departments. As stated on page three (3) of agreement, it is anticipated that 14 Departments will participate. According to schedule on page two (2), the annual rental fee for this number will be $156.00. It is requested that enclosed invoice be approved and forwarded to your City Finance Department for payment. If for any reason you do not desire to participate, it would be greatly appreciated if notification be given at earliest practicable date. Drop a line to Association Office, P. O. Box 1042, Santa Ana or call 538 -6963. Respectfully, j /John M. Braune Sergeant, Calif Highway Patrol Association President -. � . ... _ . .. f, . ,.. ,.,: ,. .. ,. ,; .. ,. �.: �,:. „ :: .. -.,, ; �� . �. ;. Date June 27, 1968 TO: %9%%05�m Department FROM: City Clerk SUBJECT: Contract No. AlImbAc Order Project Tdpnti -Kit rental for WIJW July 1. 1968 - June 30, 1969 .. . - •s*s...a`s'.'s�a:asaas: aescs•�•�. <'t• Contractor: egg County Peace Officers Assn. Inc. Amount: $ 156,00 Effective Date: Resolution No. _6787 Laura Lagios TWIS AGREEMENT made and entered into this 1st day of July, 1� 70 , by and between the ORANGE COUNTY PEACE OFFICERS ASSOCIATION, INC., herein called "ASSOCIATION ", and the CITY OF NEWPORT BE:.CH a Municipal corporation, herein called "CITY ": .. W I T N E 5 5 E T H WHEREAS, there is wide interest among the law enforcement agencies of the County of Orange in-the use of Identi -Kits for the forming of a reproducible likeness of individual observed in the exe- cution of a major crime in the furtherance of law enforcement activities and the apprehension of persons accused of criminal activity within the County of Orange; and WHEREAS, 9550CIATION has for its major purpose the education, training and assistance to peace officers and the upgrading of law epfo.rcement in Orange County, California; and WHEREAS, the Identi -Kit Division of the Townsend Company is located.in Orange County, manufactures and distributes on a lease basin Identi -Kits on a monthly rental charge of 3$25;DO per.month for the rental of a single kit, reducing on a sliding scale to 210.00 per month for the sixth and each succeeding kit to any single lessee. NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained, the parties hereto agree one with the other as follows: 1. In the interest of reducing the cost of possession and use of Identi -Kits to its members, ASSOCIATION is now negotiating with the Townsend Company for a master lease agreement to go into effect on July 1, 19 70 . 2. ASSOCIATION seeks to render %his service without profit to 0 itself, to pass along to the various law enforcement departments of the County of Orange, all saving effected by the execution of e master agreement excepting only a small.monthly charge over net cost to ASSOCIATION to cover ASSOCIATION'S cost and to insure against financial loss to ASSOCIATION. 3. This Agreement shall not be binding upon either party hereto and any payments made by CITY hereunder shall be refunded to CITY unless ASSOCIATION enters into a lease agreement with the Townsend Company for the supplying of Identi -Kits as contemplated by this Agreement. 4. The payment due from CITY to ASSOCIATION may be made on an annual basis, a semi - annual basis or a quarterly basis. If made on an annual basis the same shall be paid prior to July 31, 19 70 and if made on a semi - annual or quarterly basis the first payment must be made prior to July 31, 19 70 , and the subsequent payments must be made prior to October 31 , 19 74 January 31., 1971 , and April 30 , 19 71 , if, the payment plan be quarterly, and prior to January 31, 19 71, if the plan be semi - annual. 5. The annual cost to CITY for the lease of one Identi -Kit shall be based upon the number of law enfarcement agencies contracting with ASSOCIATION for kits for the fiscal year treginning July 1, 19 70, and ending June 30, 1971 , to be computed upon the following table: NUMBER OF CITIES CONTRACTING FOR IOENTI -KITS 7 8 9 10 11 12 13 14 15 ° 16 ANNUAL RENTAL CHARGE EACH CITY $193.00__ 6188.00 $183.00 $178.00 $174.00 $171.00 $165.00 $167.00 $165.00 $163.00 It is expected that 15 cities will be on contract during 19 -7n - 19 7. Making the price to each City a 165.OD I 6. It is agreed that in event one or more cities fail to pay their rental charge under this Agreement the cost to the remaining contracting cities will go up as provided for on the table of charges hereinabove in Paragraph 5 set out, and that in event one or more cities are added as contracting parties the rental charge will be ' reduced in accordance with the table in said Paragraph 5, it being understood that the change in rental rate will affect only the balance or unused portion of the rental year. 7. ASSOCIATION agrees to furnish to CITY one (1) Identi -Kit for its use during the 19__2a-19 I fiscal year, and that the parties to this Agreement will insert the identifying serial number of said kit in the space provided therefor at the top of Page One. B. The Identi -Kit shall remain the property of the Townsend Company and shall be returned to said of said fiscal year, immediately upon herein provided for or upon any other in as good condition as when received accepted. 9. CITY agrees to maintain Company without delay at-the end failure to make any payment termination of this Agreement, by CITY, ordinary wear and tear Baid Identi -Kit in good condition and to exercise great care for its security from fire, theft or other casualty, and, in event of loss or destruction of said Wit or any part thereof, to reimburse the Townsend Company therefor in the amount of 31,500.00 for said Identi -Kit or such .charge as said Company shall make for replacement of damaged units. 10. CITY agrees to.pay any taxes or assesments that may be levied or required of the Townsend Company on the Identi -Kit leased by CITY. The Townsend Company shall have the right to inspect and repair the Identi -Kit held by CITY and to make such repairs and re- placements as said Company.may deem necessary, and CITY agrees to pay 1 I the reasonable charges for repairs and replacements not caused by said Company's agents or by ordinary wear and tear or material defect. 11. CITY agrees that.the Identi -Kit manual is a part of said kit and agrees to handle the same with care and to make no repro - duction of said manual or any part of said kit,.all of the same bbing copyrighted material owned by the Townsend Company. CITY further agrees that said kit is for use as a law enforcement tool and shall not be used for commercial purposes. IN WITNESS WHEREOF, the parties hereto have caused this -- Agreement to be executed by their officers thereunto duly authorized by the Board of Directors and the City Council of said parties respectively to be in effect the day and year first above written. ORANGE COUNTY PEACE OFFICERS ASSOCIgTION, INC. President � R , Secretary CITY OF By Mayor Attested By City Clerk e �