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HomeMy WebLinkAboutC-3347 - Cost Sharing Agreement and Liability Exposure for an Emergency Rescue Vehicle Accessible to all 3 JurisdictionsEMERGENCY RESCUE VEHICLE AGREEMENT QR {G{NAL THIS AGREEMENT is entered into thisY lay of April 2000, by and between the CITY OF NEWPORT BEACH ( "NEWPORT BEACH "), the CITY OF IRVINE ( "IRVINE ") and the CITY OF COSTA MESA ( "COSTA MESA'). NEWPORT BEACH, IRVINE and COSTA MESA may sometimes be referred to individually as "CITY" or collectively as "CITIES." RECITALS A. CITIES are municipal corporations duly organized and validly existing under the Constitution and laws of the State of California and their respective charters, if any. B. CITIES are in need of a specialized armored emergency rescue vehicle to assist in rescues in high -risk tactical situations. Such equipment is infrequently used and costly for one entity to obtain, maintain and operate. C. The City of Newport Beach Police Department has obtained a 1985 GMC 7000 VIN I GDJ7D I F7FV618 5 77 armored car for a nominal fee for conversion to an Emergency Rescue Vehicle (ERV'). CITIES desire to enter into this Agreement to set forth the rights, duties and liabilities of the CITIES with respect to the joint use, deployment and maintenance and costs of conversion of the ERV. AGREEMENT NOW, THEREFORE, the CITIES agree as follows: 1. Term. The term of this Agreement shall commence upon execution of this Agreement by all CITIES, and shall terminate in accordance with the terns of Section 8 of this Agreement. 2. Title to ERV. Each of the CITIES is the owner of an equal undivided interest in the ERV. However, legal title of the ERV shall be held by NEWPORT BEACH for the convenience of the CITIES. 3. Costs Associated with ERV. a. Conversion/Rehabilitation. Each CITY shall contribute equally in the costs of conversion and rehabilitation of the vehicle. Items necessary for such conversion and rehabilitation include, but are not limited to, armor plating, tires, radio equipment, paint, upholstery, engine and transmission repair and other related emergency and mechanical equipment necessary to provide a functional and operational vehicle. Each CITY shall contribute equally toward the costs of any additional items or equipment for the ERV to which the CITIES mutually agree, in writing, in the future. b. Routine Maintenance/Repairs. Each agency shall contribute equally toward the cost of routine maintenance and repairs associated with the ERV. Except in the case of an emergency, any maintenance or repair associated with the ERV, for which the cost is estimated to be more than $5,000, must first be mutually agreed upon and approved, in writing, by CITIES. NEWPORT BEACH shall submit quarterly itemized statements to the other CITIES indicating any work performed on the ERV during that quarter and the corresponding cost for materials and labor. The other CITIES shall, within thirty (30) days of receiving such statements, review the statements and pay all approved charges thereon. C. Purchasine. All purchases in excess of $5,000.00 related to the ERV, including purchases made in association with routine maintenance and repairs, must first be mutually agreed upon and approved, in writing, by the CITIES. If such approval is not obtained, the other CITIES will not be obligated to contribute to the cost of the purchase regardless of the terms of this Section 3. NEWPORT BEACH shall utilize its own established purchasing procedures (bid process, forms, approval routing, etc.) for any purchases related to the ERV and shall invoice the other CITIES for their proportionate share of the cost for such purchases. The other CITIES shall make payment to NEWPORT BEACH for their respective share of the cost within thirty (30) days of receiving the invoice from NEWPORT BEACH. d. Administrative Costs. The costs associated with the ERV set forth in this Section 3 do not include administrative costs of the CITIES or storage costs for the ERV. Nothing herein shall be construed to require contribution toward any CITY's administrative or storage costs associated with the ERV. e. Insurance. Each CITY shall ensure that it is covered under its own insurance program for any liability arising from that CITY's use or deployment of the ERV. Each CITY shall be solely responsible for and shall process any claim for damage or injury that arises out of that CITY's use or deployment of the ERV under that CITY's insurance program. 4. Designated Agency Representative. The Chief of Police for each CITY shall designate a Designated Agency Representative (DAR), who, unless otherwise specified in this Agreement, shall be the contact for all matters relating to the joint use of the ERV, including operating procedures, equipment, deployment, scheduling, maintenance and repair. Any approvals required under this Agreement shall be made by each CITY's respective DAR or each CITY's Chief of Police. If any CITY changes its DAR it shall notify the other CITIES' DARs in writing as soon as possible. 5. Storage of ERV. NEWPORT BEACH shall maintain and store the ERV in a condition of readiness at the City of Newport Beach Police Department. The NEWPORT BEACH DAR shall coordinate the use of the ERV by the CITIES and shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement and all records of maintenance and repairs for the ERV. However, NEWPORT BEACH does not warrant that the ERV shall operate or function when requested, and assumes no liability for failure of the ERV to perform as intended or desired. CITIES agree that the indemnification 7 provisions in Paragraph 7 below include claims relating to the operation, repair or function of the ERV. 6. Use of ERV. a. In the case of an anticipated need for the ERV, such as a planned event or training exercise, the requesting CITY's DAR shall contact the NEWPORT BEACH DAR as far in advance as possible to schedule the use of the ERV. The NEWPORT BEACH DAR shall make the determination as to the priority in the event of a conflict in schedule requests. b. In the case of an immediate need for the ERV, such as an officer or civilian rescue, the requesting CITY's Watch Commander shall contact the NEWPORT BEACH Watch Commander and confirm the ERV's availability. The requesting CITY shall then respond and pick up the ERV, unless the CITY in possession of the vehicle agrees to deliver it to the site of an emergency in progress. In the event of a conflict, actual life - threatening incidents shall have priority over scheduled events and/or training exercises. C. Each CITY shall, upon a completed use or deployment of the ERV, be responsible for refilling the fuel tank, checking fluid levels, and basic cleanup of the ERV and its equipment and shall return the ERV to the City of Newport Beach Police Department as soon as reasonably possible after use. d. Any damage to the ERV or its equipment or any damage or injury to any person or property occurring during use or deployment of the ERV by a CITY shall be the financial responsibility of the using/deploying CITY. 7. Indemnification. In the event of a lawsuit or claim for damages or injuries resulting from a CITY's use or deployment of the ERV, the using/deploying CITY shall protect defend, indemnify and hold harmless each of the other CITIES participating in this Agreement and their officers, agents, employees and volunteers against and from any and all losses, claims, actions, damages, expenses or liabilities, including reasonable attorney's fees, for injury to or death of any person, and for injury to any property, including consequential damages of any nature resulting therefrom, arising out of or in any way connected with that CITY's use of the ERV. 8. Termination. a. Any CITY may withdraw from this Agreement by providing ninety (90) days notice, in writing, to NEWPORT BEACH. NEWPORT BEAR shall notify the other CITIES of such withdrawal. Withdrawal shall not relieve a CITY from any obligation incurred under this Agreement prior to that CITY's withdrawal. A CITY that withdraws from this Agreement surrenders its ownership interest in the ERV and any right to compensation for a share of the ERV's value, provided that in the event NEWPORT BEACH withdraws pursuant to this Section 8, NEWPORT BEACH shall offer possession and legal title of the ERV to the other CITIES, and if the other CITIES do not agree to accept possession and legal title of the ERV, the M • • ERV shall be sold, transferred or otherwise disposed of and the proceeds shall be distributed equally among the CITIES. b. In the event the CITIES conclude that the ERV has become permanently inoperable or unserviceable, this Agreement shall terminate and the ERV shall be sold, transferred, encumbered or otherwise disposed of and the proceeds shall be distributed equally among the CITIES. Should NEWPORT BEACH cease participation in this Agreement pursuant to this Section 8, the CITY accepting possession and title of the ERV shall assume all obligations of NEWPORT BEACH hereunder. C. The CITIES' rights and obligations under this Agreement including, but not limited to, the indemnification provisions, shall survive termination of this Agreement or withdrawal by any City for any acts or omissions occurring prior to termination. d. Except as provided in subdivisions (a), (b) and (c) of this Section 8, the ERV shall not be sold, transferred or otherwise disposed of without the prior written approval of the CITIES. In the event the ERV is sold, transferred or otherwise disposed of, the proceeds of such sale, transfer or disposition shall be distributed equally among the CITIES. 9. Assignment. This Agreement may not be assigned or transferred by any CITY without the express written consent of the other CITIES. 10. Notices. All notices permitted or required under this Agreement shall be given to the respective CITIES at the following addresses, or at such other address as the respective CITIES may provide in writing for this purpose: COSTA MESA Chief of Police City of Costa Mesa 99 Fair Drive Costa Mesa, CA 92626 (714) 754 -5205 IRVINE Chief of Police City of Irvine 1 Civic Center Plaza Irvine, CA 92606 (949) 724 -7143 NEWPORT BEACH Chief of Police City of Newport Beach 870 Santa Barbara Newport Beach, CA 92660 (949) 644 -3660 Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the CITIES at their applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 11. No Third Party Beneficiaries. This Agreement, including but not limited to, the indemnification provisions, is for the benefit of the CITIES only and does not create, nor is it intended to create, any benefit or liability to third parties. 12. Entire Agreement. This Agreement contains the entire Agreement of the CITIES with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. 13. Amendments. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by all three CITIES or by the two remaining cities if one CITY has withdrawn pursuant to subdivision (a) of Section 8 of this Agreement. 14. Attorney's Fees. If any CITY commences an action against the other CITIES arising out of or in connection with this Agreement, the prevailing CITY in such litigation shall be entitled to have and recover from the opposing CITY(IES) reasonable attorney's fees and all other costs of such action. 15. Cooperation, Further Acts. CITIES shall fully cooperate with one another, and shall perform any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 16. Authority to Enter Agreement. Each CITY represents that it has all requisite power and authority to execute, deliver, and perform this Agreement. Each CITY warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective CITY. 17. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. IN WITNESS THEREOF, the Parties have caused this Agreement to be executed. [Signatures on following page] 0 CITY OF COSTA MESA 0 Dated: q- 1 Q - ®D City Clerk Mayor of the 91ty of Costa Mesa of the City of Costa APPROVED AS TO CONTENT: N CITY OF IRVINE City�erk 7othetity of Irvine J- AS TO CONTENT: of Police APPROVED AS TO FORM: City Attorney APPROVE AS O CONTENT: 2i� Chief of Police AS TO FORM: City Dated: 6-13-00 APPROVED AS TO FORM: City Attorney Beach tr1 L 0 CITY OF NEWPORT BEACH POLICE DEPARTMENT June 13, 2000 (38) June 13, 2000 C- 3347 Item No. ii TO: Honorable Mayor, Members of the City Council and City Manager FROM: Bob McDonell, Chief of Police SUBJECT: Memorandum of Understanding— Emergency Rescue Vehicle RECOMMENDATION: Approve the attached Memorandum of Understanding (MOU) with the Cities of Costa Mesa and Irvine in order to formalize the cost sharing agreement and liability exposure for an Emergency Rescue Vehicle accessible to all three jurisdictions. BACKGROUND: On June 2, 1998, with the approval of the City Manager, the Police Department acquired a 1985 GMC armored transport vehicle for no cost, from a major corporation which was rotating the vehicle out of service. The corporation has offered such surplus vehicles to law enforcement agencies around the country and as a result, there is a considerable waiting list. It was our intent to acquire and equip the vehicle, after some renovation, to carryout specific mission critical functions, such as rescuing law enforcement personnel or civilians under extremely hazardous conditions. Unfortunately, the frequency of violent events around the country appears to be increasing and in some cases, law enforcement has been ill prepared to act quickly to rescue victims who may lie wounded. Due to the victim's exposure to continued gunfire, it also leaves those attempting the rescue vulnerable to serious injury or death. As a result of the absence of any one Police Department in this region requiring their own vehicle of that nature, I proposed a joint venture with the Costa Mesa and Irvine Police Departments, in an effort to share the resource and any potential on -going costs. The offer was gladly accepted and we are in the final stages of completing the renovation. The majority of the work has been performed by generous business donors in all three communities, with some cost sharing from the three Departments, using asset forfeiture funds to improve the ballistic capabilities of the vehicle. The renovation improvements were carried out under the direction of representatives from each of the departments, to insure concurrence in the design of the final product. Memorandum of UnSrstanding— Emergency Rescue VePfTcle Page 2 During the course of the development of this project, the three departments contributed to a Memorandum of Understanding (MOU), outlining the joint use and cost sharing agreement, which is contained in the attached document. All three City Attorneys have had an opportunity to provide input to the final version and have approved it as to form. The Costa Mesa City Council approved the agreement on April 17, 2000 and the Irvine City Council approved the agreement on April 25, 2000. No additional unbudgeted funds are anticipated to implement the agreement and therefore, we recommend your approval. The vehicle itself will be displayed with all three city seals and should be ready to place in service within approximately the next 30 days. submitted, Bob McDonell CHIEF OF POLICE 0 EMERGENCY RESCUE VEHICLE AGREEMENT THIS AGREEMENT is entered into thisl9 day of April 2000, by and between the CITY OF NEWPORT BEACH ( "NEWPORT BEACH "), the CITY OF IRVINE ( "IRVINE ") and the CITY OF COSTA MESA ( "COSTA MESA "). NEWPORT BEACH, IRVINE and COSTA MESA may sometimes be referred to individually as "CITY" or collectively as "CITIES." RECITALS A. CITIES are municipal corporations duly organized and validly existing under the Constitution and laws of the State of California and their respective charters, if any. B. CITIES are in need of a specialized armored emergency rescue vehicle to assist in rescues in high -risk tactical situations. Such equipment is infrequently used and costly for one entity to obtain, maintain and operate. C. The City of Newport Beach Police Department has obtained a 1985 GMC 7000 VIN 1GDJ7D1F7FV618577 armored car for a nominal fee for conversion to an Emergency Rescue Vehicle ( "ERV"). CITIES desire to enter into this Agreement to set forth the rights, duties and liabilities of the CITIES with respect to the joint use, deployment and maintenance and costs of conversion of the ERV. NOW, THEREFORE, the CITIES agree as follows: 1. Term. The term of this Agreement shall commence upon execution of this Agreement by all CITIES, and shall terminate in accordance with the terms of Section 8 of this Agreement. 2. Title to ERV. Each of the CITIES is the owner of an equal undivided interest in the ERV. However, legal title of the ERV shall be held by NEWPORT BEACH for the convenience of the CITIES. 3. Costs Associated with ERV. a. Conversion/Rehabilitation. Each CITY shall contribute equally in the costs of conversion and rehabilitation of the vehicle. Items necessary for such conversion and rehabilitation include, but are not limited to, armor plating, tires, radio equipment, paint, upholstery, engine and transmission repair and other related emergency and mechanical equipment necessary to provide a functional and operational vehicle. Each CITY shall contribute equally toward the costs of any additional items or equipment for the ERV to which the CITIES mutually agree, in writing, in the future. b. Routine Maintenance/Repairs. Each agency shall contribute equally toward the cost of routine maintenance and repairs associated with the ERV. Except in the case of an emergency, any maintenance or repair associated with the ERV, for which the cost is estimated to be more than $5,000, must first be mutually agreed upon and approved, in writing, by CITIES. NEWPORT BEACH shall submit quarterly itemized statements to the other CITIES indicating any work performed on the ERV during that quarter and the corresponding cost for materials and labor. The other CITIES shall, within thirty (30) days of receiving such statements, review the statements and pay all approved charges thereon. C. Purchasing. All purchases in excess of $5,000.00 related to the ERV, including purchases made in association with routine maintenance and repairs, must first be mutually agreed upon and approved, in writing, by the CITIES. If such approval is not obtained, the other CITIES will not be obligated to contribute to the cost of the purchase regardless of the terms of this Section 3. NEWPORT BEACH shall utilize its own established purchasing procedures (bid process, forms, approval routing, etc.) for any purchases related to the ERV and shall invoice the other CITIES for their proportionate share of the cost for such purchases. The other CITIES shall make payment to NEWPORT BEACH for their respective share of the cost within thirty (30) days of receiving the invoice from NEWPORT BEACH. d. Administrative Costs. The costs associated with the ERV set forth in this Section 3 do not include administrative costs of the CITIES or storage costs for the ERV. Nothing herein shall be construed to require contribution toward any CITY's administrative or storage costs associated with the ERV. e. Insurance. Each CITY shall ensure that it is covered under its own insurance program for any liability arising from that CITY's use or deployment of the ERV. Each CITY shall be solely responsible for and shall process any claim for damage or injury that arises out of that CITY's use or deployment of the ERV under that CITY's insurance program. 4. Designated Agency Representative. The Chief of Police for each CITY shall designate a Designated Agency Representative (DAR), who, unless otherwise specified in this Agreement, shall be the contact for all matters relating to the joint use of the ERV, including operating procedures, equipment, deployment, scheduling, maintenance and repair. Any approvals required under this Agreement shall be made by each CITY's respective DAR or each CITY's Chief of Police. If any CITY changes its DAR, it shall notify the other CITIES' DARs in writing as soon as possible. 5. Storage of ERV. NEWPORT BEACH shall maintain and store the ERV in a condition of readiness at the City of Newport Beach Police Department. The NEWPORT BEACH DAR shall coordinate the use of the ERV by the CITIES and shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement and all records of maintenance and repairs for the ERV. However, NEWPORT BEACH does not warrant that the ERV shall operate or function when requested, and assumes no liability for failure of the ERV to perform as intended or desired. CITIES agree that the indemnification FA provisions in Paragraph 7 below include claims relating to the operation, repair or function of the ERV. 6. Use of ERV. a. In the case of an anticipated need for the ERV, such as a planned event or training exercise, the requesting CITY's DAR shall contact the NEWPORT BEACH DAR as far in advance as possible to schedule the use of the ERV. The NEWPORT BEACH DAR shall make the determination as to the priority in the event of a conflict in schedule requests. b. In the case of an immediate need for the ERV, such as an officer or civilian rescue, the requesting CITY's Watch Commander shall contact the NEWPORT BEACH Watch Commander and confirm the ERV's availability. The requesting CITY shall then respond and pick up the ERV, unless the CITY in possession of the vehicle agrees to deliver it to the site of an emergency in progress. In the event of a conflict, actual life - threatening incidents shall have priority over scheduled events and/or training exercises. C. Each CITY shall, upon a completed use or deployment of the ERV, be responsible for refilling the fuel tank, checking fluid levels, and basic cleanup of the ERV and its equipment and shall return the ERV to the City of Newport Beach Police Department as soon as reasonably possible after use. d. Any damage to the ERV or its equipment or any damage or injury to any person or property occurring during use or deployment of the ERV by a CITY shall be the financial responsibility of the using/deploying CITY. 7. Indemnification. In the event of a lawsuit or claim for damages or injuries resulting from a CITY's use or deployment of the ERV, the using/deploying CITY shall protect defend, indemnify and hold harmless each of the other CITIES participating in this Agreement and their officers, agents, employees and volunteers against and from any and all losses, claims, actions, damages, expenses or liabilities, including reasonable attorney's fees, for injury to or death of any person, and for injury to any property, including consequential damages of any nature resulting therefrom, arising out of or in any way connected with that CITY's use of the ERV. 8. Termination. a. Any CITY may withdraw from this Agreement by providing ninety (90) days notice, in writing, to NEWPORT BEACH, NEWPORT BEAH shall notify the other CITIES of such withdrawal. Withdrawal shall not relieve a CITY from any obligation incurred under this Agreement prior to that CITY's withdrawal. A CITY that withdraws from this Agreement surrenders its ownership interest in the ERV and any right to compensation for a share of the ERV's value, provided that in the event NEWPORT BEACH withdraws pursuant to this Section 8, NEWPORT BEACH shall offer possession and legal title of the ERV to the other CITIES, and if the other CITIES do not agree to accept possession and legal title of the ERV, the 3 9 0 ERV shall be sold, transferred or otherwise disposed of and the proceeds shall be distributed equally among the CITIES. b. In the event the CITIES conclude that the ERV has become permanently inoperable or unserviceable, this Agreement shall terminate and the ERV shall be sold, transferred, encumbered or otherwise disposed of and the proceeds shall be distributed equally among the CITIES. Should NEWPORT BEACH cease participation in this Agreement pursuant to this Section 8, the CITY accepting possession and title of the ERV shall assume all obligations of NEWPORT BEACH hereunder. C. The CITIES' rights and obligations under this Agreement including, but not limited to, the indemnification provisions, shall survive termination of this Agreement or withdrawal by any City for any acts or omissions occurring prior to termination. d. Except as provided in subdivisions (a), (b) and (c) of this Section 8, the ERV shall not be sold, transferred or otherwise disposed of without the prior written approval of the CITIES. In the event the ERV is sold, transferred or otherwise disposed of, the proceeds of such sale, transfer or disposition shall be distributed equally among the CITIES. 9. Assi nment. This Agreement may not be assigned or transferred by any CITY without the express written consent of the other CITIES. 10. Notices. All notices permitted or required under this Agreement shall be given to the respective CITIES at the following addresses, or at such other address as the respective CITIES may provide in writing for this purpose: COSTA MESA Chief of Police City of Costa Mesa 99 Fair Drive Costa Mesa, CA 92626 (714) 754 -5205 IRVINE Chief of Police City of Irvine 1 Civic Center Plaza Irvine, CA 92606 (949) 724 -7143 4 NEWPORT BEACH Chief of Police City of Newport Beach 870 Santa Barbara Newport Beach, CA 92660 (949) 644 -3660 0 Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the CITIES at their applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 11. No Third Party Beneficiaries. This Agreement, including but not limited to, the indemnification provisions, is for the benefit of the CITIES only and does not create, nor is it intended to create, any benefit or liability to third parties. 12. Entire Agreement. This Agreement contains the entire Agreement of the CITIES with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. 13. Amendments. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by all three CITIES or by the two remaining cities if one CITY has withdrawn pursuant to subdivision (a) of Section 8 of this Agreement. 14. Attorney's Fees. If any CITY commences an action against the other CITIES arising out of or in connection with this Agreement, the prevailing CITY in such litigation shall be entitled to have and recover from the opposing CITY(IES) reasonable attorney's fees and all other costs of such action. 15. Cooperation; Further Acts. CITIES shall fully cooperate with one another, and shall perform any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 16. Authority to Enter Agreement. Each CITY represents that it has all requisite power and authority to execute, deliver, and perform this Agreement. Each CITY warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective CITY. 17. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. IN WITNESS THEREOF, the Parties have caused this Agreement to be executed. [Signatures on following page] 5 0 CITY OF COSTA MESA Deputy City Clerk of the City of Costa Mes APPROVED AS TO CONTENT: CITY OF IRVINE of Irvine AS TO CONTENT: of Police CITY OF NEWPORT BEACH City Clerk of the City of Newport Beach APPROVED AS TO CONTENT: to Dated: q- { ?-Do Mayor of the Qity of Costa Mesa APPROVED AS TO FORM: City Attorney City Dated: of the City of Irvine AS TO FORM: Mayor of the City of Newport Beach APPROVED AS TO FORM: Chief of Police City Attorney R