HomeMy WebLinkAbout16-Police Department
CITY OF SAN BERrQRDINO - REQUEST t:/,R COUNCIL ACTION
From: Daniel A. Robbins
Chief of Police
Dept: Police
Date: 8-3-92
Subject: I ndemnity Agreement for
Citizen Patrol vehicles
Synopsis of Previous Council action:
July 20, 1992 - Mayor and Common Council adopted draft indemnity agreement.
Recommended motion:
Adopt resolution.
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Sign~re
Contact person: W.O. Smith, Lieutenant
Phone:
384-5690
Supporting data attached:
yes
Ward:
City
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
71;_n?l;:"
AQenda Item No.10
CITY OF SAN BERr4:.:cRDINO - REQUEST QR COUNCIL ACTION
STAFF REPORT
PROBLEM:
In working to establish an auxiliary Citizen Patrol Unit, the Police
Department will receive five or six cars donated by local car
dealerships. Liability for the cars should be assumed by the City while
in use as Citizen Patrol cars.
RECOMMENDATION:
That the Mayor and Common Council adopt resolution.
FINDINGS:
Citizen Patrol members must be at least 18 years of age, be physically
fit, have good moral character and pass a background investigation.
Also citizen Patrol members must be active members of the Neighborhood
Watch Association of San Bernardino, Inc. Each member must successfully
pass a 44-hour Citizen Patrol Academy which includes departmental
organization, community service program education, patrol techniques,
traffic control and use of radio as well as First Aid, CPR, and
defensive driving.
citizen Patrol members conduct high visibility patrols aimed at crime
prevention rather than law enforcement. Patrols are conducted in
uniform using donated vehicles visibly marked as Citizen Patrol vehicles
equipped with police radios. Patrols include vacation checks as well as
public welfare checks. Citizen Patrol members are also called upon to
provide traffic control for special events and in case of emergency.
Citizen Patrol members are responsible for a variety of crime prevention
programs including Neighborhood Watch, Business Watch, Lady Beware and
child fingerprinting. Members appear at special events and various
community functions to make presentations of Crime Prevention programs.
San Bernardino citizen Patrol members are the extra eyes and ears for
the San Bernardino Police Department. Members are volunteers trained to
provide a wide variety of duties to increase crime prevention awareness.
The department has worked for several months to institute Citizen
Patrol. The major obstacle to implementation has been our inability to
provide cars.
75-0264
CITY OF SAN BERN:':lRDINO - REQUEST QR COUNCIL ACTION
STAFF REPORT
Police Commissioner Al Fletcher has worked diligently with local car
dealers to persuade them to donate cars at no cost to the city.
Attorneys for the dealerships have approved the "Indemnity Agreement" as
written by the city Attorney's office.
currently, Center Chevrolet, Harmon Auto Center, Toyota of San
Bernardino, Crest Chevrolet, and Subaru of San Bernardino are committed
to donating one car each. Each dealership has different time
requirements as to how long the City can use the cars. However, when a
donated car is returned to the dealership, that car will be replaced
with another from the dealership.
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF INDEMNITY AGREEMENT WITH HARMON AUTO CENTER,
CENTER CHEVROLET, CREST CHEVROLET, AND TOYOTA OF SAN BERNARDINO
RELATIVE TO VEHICLES TO BE USED IN THE CITIZEN'S PATROL PROGRAM.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor is hereby authorized and
directed to execute on behalf of said City an indemnity
agreement with Harmon Auto Center, Center Chevrolet, Crest
Chevrolet, and Toyota of San Bernardino.
Copies of said
agreements are attached hereto marked Exhibit A-l, A-2, A-3, and
A-4, respectively and incorporated herein by reference as fully
as though set forth at length.
SECTION 2. The authorization to execute the above-
referenced agreement is rescinded if the parties to the
agreement fail to execute it within sixty (60) days of the
passage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on the
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
2 THE EXECUTION OF INDEMNITY AGREEMENT WITH HARMON AUTO CENTER,
CENTER CHEVROLET, CREST CHEVROLET, AND TOYOTA OF SAN BERNARDINO
3 RELATIVE TO VEHICLES TO BE USED IN THE CITIZEN'S PATROL PROGRAM.
7 REILLY
8 HERNANDEZ
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
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day of
, 1992, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
City Clerk
The foregoing resolution is hereby approved this
day of
, 1992.
W.R. HOLCOMB, Mayor
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN
city Attorney
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INDEMNITY AGREEMENT
This Indemnity Agreement is made this _ day of
1992, between the CITY OF SAN BERNARDINO, a Municipal Corporation
("CITY") and HARMON AUTO CENTER, a Delaware Corporation ("AUTO
DEALER" ) .
RECITALS
WHEREAS, CITY'S pOlice department has established a program
known as "Citizens Patrol", under which volunteers will assist the
Department in non-hazardous situations; and
WHEREAS, AUTO DEALER is willing to donate car for CITY'S use
in this program, subject to the terms and conditions set forth
below;
NOW, THEREFORE, the parties agree as follows:
1. AUTO DEALER agrees to provide one (1) vehicle for CITY'S
use in its "Citizens Patrol" program, said vehicle being described
as follows:
Make: Plymouth Acclaim
Year: 1992
License No.: 2YHX620
VIN Number: 3P3XA46K8NT202199
2. From time to time AUTO DEALER may, in its sole
discretion, substitute a different vehicle for use in the program.
To do so, AUTO DEALER shall give written notice to the Chief of
Police requesting return of the vehicle then in use, giving the
year, make, license and VIN number of the vehicle to be
substituted, and the date on which it is to be delivered to the
CITY.
RJM:ms (harmon. agm]
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3. Ti tle to any vehicle provided to CITY under this
Agreement shall remain with AUTO DEALER.
4. CITY shall indemnify, defend and hold AUTO DEALER, its
4 officers, agents and employees, free and harmless from any and all
5 liability, loss, damage, expense, causes of action, suits, claims
6 or judgments arising from injury to person or property resulting
7 from or based upon the use or operation of the vehicle subject to
8 this agreement; and CITY shall, at its own cost and expense,
9 defend any and all suits which may be brought against AUTO DEALER,
10 either alone or conjunction with others, upon any such liability
11 or claim or claims and shall satisfy, pay and discharge any and
12 all judgments and fines that may be recovered against AUTO DEALER
13 in any such action or actions; provided, however, that this
14 indemnity shall not extend to any liability, loss, damage,
expense, cause of action, suit, claim or judgment resulting from
or based upon the sole negligence or intentional misconduct of
AUTO DEALER or its officers, agents and employees.
5. CITY shall bear the risk of loss or damage (excluding
normal wear and tear) to the vehicle during such time as it is in
CITY'S possession.
6. Either party may cancel this agreement upon giving five
(5) days written notice to the other.
7. Any notice or other written communication pursuant to
this Agreement, or concerning this Agreement, shall be given as
follows:
If to CITY:
Daniel A. Robbins
Chief of Police
City of San Bernardino
466 West Fourth Street
San Bernardino, CA 92401
RJM:ms [harmon. agm)
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If to AUTO DEALER:
.:)
Harmon Auto Center
770 West Showcase Drive
San Bernardino, CA 92408
on the date first written above.
IN WITNESS WHEREOF, the parties have executed this Agreement
Approved as to Form and
Legal Content:
James F. Penman
City Attorney
By'-~~
RJM:ms[harmon.agm]
"CITY"
CITY OF SAN BERNARDINO
W. R. Holcomb, Mayor
Rachael Krasney, City Clerk
"AUTO DEALER"
HARMON AUTO CENTER
By:
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INDEMNITY AGREEMENT
This Indemnity Agreement is made this _ day of ,
1992, between the CITY OF SAN BERNARDINO, a Municipal Corporation
("CITY") and CENTER CHEVROLET, a California Corporation ("AUTO
DEALER" ) .
RECITALS
WHEREAS, CITY'S police department has established a program
known as "Citizens Patrol", under which volunteers will assist the
Department in non-hazardous situations; and
WHEREAS, AUTO DEALER is willing to donate car for CITY'S use
in this program, subject to the terms and conditions set forth
below;
NOW, THEREFORE, the parties agree as follows:
1 . AUTO DEALER agrees to provide one (1) vehicle for CITY'S
use in its "Citizens Patrol" program, said vehicle being described
as follows:
Make:
Chevrolet Cavalier
Year: 1991
License No.: 2XQR40l
VIN Number: 1G1JCS5G9M7286498
2. From time to time AUTO DEALER may, in its sole
discretion, substitute a different vehicle for use in the program.
To do so, AUTO DEALER shall give written notice to the Chief of
Police requesting return of the vehicle then in use, giving the
year, make, license and VIN number of the vehicle to be
substituted, and the date on which it is to be delivered to the
CITY.
RJM:ms[center.agm]
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3.
Ti tIe to any vehicle provided to CITY under this
Agreement shall remain with AUTO DEALER.
4. CITY shall indemnify, defend and hold AUTO DEALER, its
officers, agents and employees, free and harmless from any and all
liability, loss, damage, expense, causes of action, suits, claims
or judgments arising from injury to person or property resulting
from or based upon the use or operation of the vehicle subject to
this agreement; and CITY shall, at its own cost and expense,
defend any and all suits which may be brought against AUTO DEALER,
either alone or conjunction with others, upon any such liability
or claim or claims and shall satisfy, pay and discharge any and
all judgments and fines that may be recovered against AUTO DEALER
in any such action or actions; provided, however, that this
indemnity shall not extend to any liability, loss, damage,
expense, cause of action, suit, claim or judgment resulting from
or based upon the sole negligence or intentional misconduct of
AUTO DEALER or its officers, agents and employees.
5. CITY shall bear the risk of loss or damage (excluding
normal wear and tear) to the vehicle during such time as it is in
CITY'S possession.
6. Either party may cancel this agreement upon giving five
(5) days written notice to the other.
7. Any notice or other written communication pursuant to
this Agreement, or concerning this Agreement, shall be given as
follows:
If to CITY:
Daniel A. Robbins
Chief of Police
City of San Bernardino
466 West Fourth Street
San Bernardino, CA 92401
RJM:ms[center.agm]
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If to AUTO DEALER: Center Chevrolet
1355 So. "E" Street
San Bernardino, CA 92408
IN WITNESS WHEREOF, the parties have executed this Agreement
on the date first written above.
"CITY"
CITY OF SAN BERNARDINO
W. R. Holcomb, Mayor
Rachae1 Krasney, City Clerk
"AUTO DEALER"
CENTER CHEVROLET
By:
Approved as to Form and
Legal Content:
James F. Penman
City Attorney
By:B~~~~
RJM:m8[center.agmJ
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INDEMNITY AGREEMENT
This Indemnity Agreement is made this _ day of ,
1992, between the CITY OF SAN BERNARDINO, a Municipal Corporation
( "CITY") and CREST CHEVROLET, a California Corporation ("AUTO
DEALER" ) .
RECITALS
WHEREAS, CITY'S police department has established a program
known as "Citizens Patrol", under which volunteers will assist the
Department in non-hazardous situations; and
WHEREAS, AUTO DEALER is willing to donate car for CITY'S use
in this program, subject to the terms and conditions set forth
below;
NOW, THEREFORE, the parties agree as follows:
1. AUTO DEALER agrees to provide one (1) vehicle for CITY'S
use in its "Citizens Patrol" program, said vehicle being described
as follows:
Make: Chevrolet Cavalier
Year: 1991
License No.: New
VIN Number: lG1JC14G5MJl4999l
2. From time to time AUTO DEALER may, in its sole
discretion, substitute a different vehicle for use in the program.
To do so, AUTO DEALER shall give written notice to the Chief of
Police requesting return of the vehicle then in use, giving the
year, make, license and VIN number of the vehicle to be
substituted, and the date on which it is to be delivered to the
CITY.
RJM:ms[crest.agml
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3.
Ti tle to any vehicle provided to CITY under this
2 Agreement shall remain with AUTO DEALER.
3 4. CITY shall indemnify, defend and hold AUTO DEALER, its
4 officers, agents and employees, free and harmless from any and all
5 liability, loss, damage, expense, causes of action, suits, claims
6 or judgments arising from injury to person or property resulting
7 from or based upon the use or operation of the vehicle subject to
8 this agreement; and CITY shall, at its own cost and expense,
9 defend any and all suits which may be brought against AUTO DEALER,
10 either alone or conjunction with others, upon any such liability
11 or claim or claims and shall satisfy, pay and discharge any and
12 all judgments and fines that may be recovered against AUTO DEALER
13 in any such action or actions; provided, however, that this
14 indemnity shall not extend to any liability, loss, damage,
15 expense, cause of action, suit, claim or judgment resulting from
16 or based upon the sole negligence or intentional misconduct of
17 AUTO DEALER or its officers, agents and employees.
18 5. CITY shall bear the risk of loss or damage (eXCluding
19 normal wear and tear) to the vehicle during such time as it is in
20 CITY'S possession.
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6. Either party may cancel this agreement upon giving five
(5) days written notice to the other.
7. Any notice or other written communication pursuant to
this Agreement, or concerning this Agreement, shall be given as
follows:
If to CITY:
Daniel A. Robbins
Chief of Police
City of San Bernardino
466 West Fourth Street
San Bernardino, CA 92401
RJM:ms[crest.agmj
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If to AUTO DEALER: Crest Chevrolet
909 W. 21st Street
San Bernardino, CA 92405
IN WITNESS WHEREOF, the parties have executed this Agreement
on the date first written above.
"CITY"
CITY OF SAN BERNARDINO
W. R. Holcomb, Mayor
Rachael Krasney, City Clerk
"AUTO DEALER"
CREST CHEVROLET
By:
Approved as to Form and
Legal Content:
James F. Penman
City Attorney
RJM:ms[crest.agm]
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INDEMNITY AGREEMENT
This Indemnity Agreement is made this _ day of
1992, between the CITY OF SAN BERNARDINO, a Municipal Corporation
("CITY") and TOYOTA OF SAN BERNARDINO, a California Corporation
("AUTO DEALER").
RECITALS
WHEREAS, CITY'S pOlice department has established a program
known as "Citizens Patrol", under which volunteers will assist the
Department in non-hazardous situations; and
WHEREAS, AUTO DEALER is willing to donate car for CITY'S use
in this program, subject to the terms and conditions set forth
below;
NOW, THEREFORE, the parties agree as follows:
1 . AUTO DEALER agrees to provide one (1) vehicle for CITY'S
use in its "Citizens Patrol" program, said vehicle being described
as follows:
Make: Toyota Corolla
Year: 1992
License No.: 2YEE96l
VIN Number: lNXAE94AXNZ295438
2. From time to time AUTO DEALER may, in its sole
discretion, substitute a different vehicle for use in the program.
To do so, AUTO DEALER shall give written notice to the Chief of
Police requesting return of the vehicle then in use, giving the
year, make, license and VIN number of the vehicle to be
substituted, and the date on which it is to be delivered to the
CITY.
RJM:ms [toyota. agm)
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3.
Ti tle to any vehicle provided to CITY under this
2 Agreement shall remain with AUTO DEALER.
3 4. CITY shall indemnify, defend and hold AUTO DEALER, its
4 officers, agents and employees, free and harmless from any and all
5 liability, loss, damage, expense, causes of action, suits, claims
6 or judgments arising from injury to person or property resulting
7 from or based upon the use or operation of the vehicle subject to
8 this agreement; and CITY shall, at its own cost and expense,
9 defend any and all suits which may be brought against AUTO DEALER,
10 either alone or conjunction with others, upon any such liability
11 or claim or claims and shall satisfy, pay and discharge any and
12 all judgments and fines that may be recovered against AUTO DEALER
13 in any such action or actions; provided, however, that this
14 indemnity shall not extend to any liability, loss, damage,
15 expense, cause of action, suit, claim or judgment resulting from
16 or based upon the sole negligence or intentional misconduct of
17 AUTO DEALER or its officers, agents and employees.
18 5. CITY shall bear the risk of loss or damage (excluding
19 normal wear and tear) to the vehicle during such time as it is in
20 CITY'S possession.
21 6. Either party may cancel this agreement upon giving five
22 (5) days written notice to the other.
23
7. Any notice or other written communication pursuant to
24 this Agreement, or concerning this Agreement, shall be given as
fOllows:
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If to CITY:
Daniel A. Robbins
Chief of Police
City of San Bernardino
466 West Fourth Street
San Bernardino, CA 92401
RJM: JIB [toyota. agm J
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If to AUTO DEALER: Toyota of San Bernardino
765 West Showcase Drive
San Bernardino, CA 92412
IN WITNESS WHEREOF, the parties have executed this Agreement
on the date first written above.
"CITY"
CITY OF SAN BERNARDINO
W. R. Holcomb, Mayor
Rachael Krasney, City Clerk
"AUTO DEALER"
TOYOTA OF SAN BERNARDINO
By:
Approved as to Form and
Legal Content:
James F. Penman
City Attorney
By:_P~~l-l
RJM:..[toyota.agm]
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