HomeMy WebLinkAboutCC AG PKT 2006-02-27 #L
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MEMORANDUM
POLICE DEPARTMENT
DATE:
MAYOR ANTOS, and
SEAL BEACH CITY COUNCIL MEMBERS
JEFF KIRKPATRICK - CHIEF OF POLICE
FEBRUARY 27, 2006
TO:
FROM:
SUBJECT: AMENDMENT TO 2-27-06 CONSENT ITEM # L - Urban Area Security
Initiative (UASI) Mobile Command Vehicle
The Seal Beach City Attomey has suggested that language in the CONSENT ITEM #
L- Urban Area Security Initiative (UASI) Mobile Command Vehicle, before you, should
be changed on the actual Aareement for Transfer or Purchase of Eauioment/Services
(Mobile Command Vehicle) for FY05 Urban Areas Securitv Initiative (UASIJ, page three,
paragraph eight (8) to include additional language indemnifying the City of Seal Beach
against any actions by the other subgrantees (City's of Los Alamitos and Cypress).
The new language can be found on page three, paragraph eight (8), beginning near the
end of IIne-5, and ending at the end of IIne-7: ...that SUBGRANTEE in the performance
of this Agreement. Notwithstanding the foregoing, a SUBGRANTEE is not required to
indemnify, defend, or save harmless Indemnitees for the acts or omissions of another
SUBGRANTEE."
I have attached new copies of the Aareement for Transfer or Purchase of
Eauioment/Services (Mobile Command Vehicle) for FY05 Urban Areas Securitv
Initiative WASIJ, including the new language.
There are no other changes to this document.
AGENDA REPORT
DATE:
February 21, 2006
TO:
Honorable Mayor and City Council
THRU:
John B. Bahorski, City Manager
FROM:
Jeff Kirkpatrick, Chief of Police
SUBJECT:
Urban Area Security Initiative (UASI) Mobile Command
Vehicle
SUMMARY OF REOUEST:
The North Orange County Urban Area Security Initiative (VASI) is providing funding for a
Mobile Command Vehicle to be a shared resource with the cities of Los Alamitos and Cypress.
The proposed City Council action will allow the City of Seal Beach to enter into an Agreement
for Transfer or Purchase of Equipment/Services (Mobile Command Vehicle) for FY05 Urban
Area Security Initiative (UAS!). This agreement along with the Cities of Cypress and Los
Alamitos will accept delivery and allow the allocation offunds for maintenance of the UASI
Mobile Command Vehicle.
BACKGROUND:
The City of Seal Beach City Manager and Police Chief signed the Urban Area Security Initiative
(UASI) Grant Agreement to obtain funding for projects and equipment to enhance Homeland'
Security. The UASI requires a collaborative approach to emergency preparedness. These
federal funds are available for the acquisition of equipment to meet the goals of the Orange
County Operational Area'Strategy. This funding is provided through a sub-grant from the City
of Anaheim, the North Orange County UASI Core City.
The City of Seal Beach does not currently have a mobile command post. The Cities of Seal
Beach, Los Alamitos and Cypress share a common Police communication center, West-Comm.
This common communication system and the common borders between the cities have allowed
the three cities police departments to have open lines of communication and to work very well
together. UASI funds will purchase a mobile command vehicle that will be a shared resource for
the three cities for use in disasters, tactical operations, and community events to parallel the
operational success of the West-Comm venture.
The Mobile Command Vehicle will be a cab chassis design with state of the art communication
and technology components. The price of the vehicle, which will be funded through the UASI
grant, is approximately $500,000.
Through the UASI collaborative approach, the vehicle will be stationed in and maintained by the
cities of Seal Beach, Los Alamitos, and Cypress. It may however be deployed anywhere in the
AGENDA ITEM /..
County for mutual aid. This is consistent with current countywide Law Enforcement mutual aid
protocol.
The life span of this vehicle is estimated to be between fifteen and twenty years.
FISCAL'IMPACT:
There will be no General Fund impact. The ongoing cost to the City of Seal Beach for its share
of the maintenance of the Mobile Command Vehicle is approximately $750.00 a year for fuel
and other amenities.
Funding to support Seal Beach participation shall be drawn from available law enforcement
grants outside the General Fund, such as, but not limited to the COPS/SLESF, COPS-More,
LLEBG, and/or similar law enforcement, restricted-use, state and federal grants. There are-no
anticipated personnel to be funded this effort. We propose to fund this cost from our existing
COPS/SLESF monies.
RECOMMENDATION:
It is recommended that the City Council approve the Agreement for Transfer or Purchase of
Equipment/Services (Mobile Command Vehicle) for FY05 Urban Area Security Initiative
(UASI).
~~
Chief of Police
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL
BEACH APPROVING AGREEMENT FOR lRANSFER OR PURCHASE
OF EQUIPMENT/SERVICES (MOBILE COMMAND VEHICLE) FOR
FYOS URBAN AREAS SECURITY INITIATNE (UASI)
The City Council of the City of Seal Beach hereby resolves as follows:
SECTION I. The City Council hereby approves Agreement for Tnmsfer or
Purchasc DC Equipment/Services (Mobile Command Vehicle) for FYOS Urban Areaa
Security Initiative (UASI); to be a shared resource with the cities of Los Alamitos and
Cypress.
SECTION 2. The Council hereby directs the Police Chief to execute the
Agreement on bebalfofthe City.
SECTION 3. The City Clerk sball certify to the passage and adoption of this
resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of S..I
Beach this _ day of 2006 by the following vote:
AYES: Council Membera
NOES: Council Membera
ABSENT: Council Membera
Mayor
A TrEST:
City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
I, Linda Devine, City Clerk oflbe City of S..1 Beach, California, do hereby certify that
the foregoing Resolution, being Resolution _, was passed and approved by the City
Council of the CityofSea1 Beach at a regular meeting of said Council held on the
day of . 2006 and that Resolution was adopted by the following vo~
City Clerk
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AGREEMENT FOR TRANSFER OR PURCHASE
OF EQUIPMENT/SERVICES (MOBILE COMMAND VEillCLE)
FOR FY05 URBAN AREAS SECURITY INITIATIVE l1JASn
THIS AGREEMENT is entered into this _ day of
, 2006, dated for
6 purposes ofidentification only, is made and entered into by and between the
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CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as "ANAHEIM,
A
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CITY OF CYPRESS, a municipal corporation,
CITY OF LOS ALAMITOS, a municipal corporation,
and CITY OF SEAL BEACH, a municipal corporation,
hereinafter referred to collectively as "SUBGRANTEES".
WHEREAS, ANAHEIM, acting through the Anaheim Police Department in its capacity
as the Core City for the North Orange County Urban Area under the FY05 Urban Areas Security
Initiative, has applied for, received and accepted certain grants entitled "FY05 Urban Areas Security
Initiative" CUASI) from the United States Department of Homeland Security, Office of Domestic
Preparedness, through the State of Califomia, Office of Homeland Security, to enhance countywide
emergency preparedness, hereinafter referred to as "the Grant," as set forth in the Grant Guidelines, a
copy of which are attached hereto as Attachment A and incorporated herein by reference; and
WHEREAS, the terms of the Grant require that ANAHEIM use certain grant funds to
purchase equipment, technology or services that will be transferred to SUBGRANTEES to be used for
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grant purposes in a manner consistent with the Grant; and
WHEREAS, SUBGRANTEES desire to acquire a mobile command vehicle as authorized
by the Grant.
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
1. As more specifically set forth herein, ANAHEIM shall purchase and transfer to
SUBGRANTEES a mobile command vehicle C"MCV") as specified in Attachment B attached hereto
and incorporated herein by reference, in accordance with the Grant Guidelines and the Grant
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1 Assurances, a copy of which are attached hereto as Attachment "C" and incorporated herein by
2 reference. When purchasing the MCV, ANAHEIM shall comply with all of ANAHEIM's purchasing
3 and bidding procedures and applicable state law.
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2.
Within ten (10) days of receiving the MCV, SUBGRANlEES shall transfer title,
5 ownership and financial responsibility of the MCV from ANAHEIM to SUBGMNTEES pursuant to
6 the applicable Department of Motor Vehicles Procedures.
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3.
Throughout its useful life, SUBGRANTEES shall use the MCV acquired with Grant
8 funds only for those purposes permitted under the terms of the Grant, and shall make the MCV available
9 for mutual aid response to other governmental entities to the maximum extent practicable.
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SUBGRANTEES shall exercise due care to preserve and safeguard the MCV in their
11 possession or control acquired with Grant funds from damage or destruction and shall provide regular
12 maintenance and such repairs for said equipment as are necessary, consistent with any warranty or
13 owner's manual, in order to keep said equipment continually in good working order. Such maintenance
14 and servicing shall be the sole responsibility of SUBGRANTEES, which shall assume full joint and
15 several responsibility for maintenance and repair of the equipment throughout the life of said equipment.
16 5. If the MCV acquired with Grant funds becomes obsolete or unusable, SUB GRANTEES
17 shall notify ANAHEIM of such condition. SUBGRANTEES shall transfer or dispose of the Grant-
18 funded MCV only in accordance with the instructions of ANAHEIM or the agency from which
19 ANAHEIM received the grant funds.
20 6. SUB GRANTEES agree to comply with and be fully bound by all applicable provisions
21 of the Grant and Attachments A through C to this Agreement.
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7.
In the event of an audit of the purchase of the MCV undertaken with Grant funds by any
23 authorized agency, SUB GRANTEES agrees to cooperate fully with such audit. If such audit disallows
24 payment to ANAHEIM in whole or part for the MCV procured for SUBGRANTEES and requires
25 ANAHEIM to reimburse the Grantor, SUBGRANTEES shall, within thirty (30) days of notification by
26 ANAHEIM of such audit determination, pay to ANAHEIM any amount for which reimbursement to
27 ANAHEIM was disallowed.
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SUBGRANTEES agrees to indemnify, defend and save harmless ANAHEIM and the
agency from which ANAHEIM received grant funds, and their officers, agents and employees from any
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1 and all claims and losses accruing or resulting to any and all contractors, subcontractors, laborers, and
2 any other person, firm or corporation furnishing or supplying work services, materials or supplies in
3 connection with SUBGRANTEES' performance of this Agreement, including the terms of the Grant,
4 and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may
5 be injured or damaged by SUBGRANTEES in the performance of this Agreement.
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No alteration or variation of the terms of this Agreement shall be valid unless made in
7 writing and signed by duly authorized representatives of ANAHEIM and SUBGRANTEES, and no oral
8 understanding or agreement not incorporated herein shall be binding on any of the parties hereto.
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SUBGRANTEES may not assign this Agreement in whole or in part without the express
10 written consent of ANAHEIM.
11 11. For a period of three years after final delivery hereunder or until all claims related to this
12 Agreement are finally settled, whichever is later, SUB GRANTEES shall preserve and maintain all
13 documents, papers and records relevant to the MCV acquired in accordance with this Agreement. For
14 the same period of time, SUBGRANTEES shall make said documents, papers and records available to
15 ANAHEIM and the agency from which ANAHEIM received Grant funds or their duly authorized
16 representative(s), for examination, copying, or mechanical reproduction on or off the premises of
17 SUBGRANTEES, upon request during usual working hours.
18 12. SUBGRANTEES shall provide to ANAHEIM all records and information requested by
19 ANAHEIM for inclusion in quarterly reports and such other reports or records as ANAHEIM may be
20 required to provide to the agency from which ANAHEIM received Grant funds or other persons or
21 agencies.
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ANAHEIM may terminate this Agreement and be relieved of the delivery of any
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23 consideration to SUBGRANTEES if a) SUBGRANTEES fails to perform any of the cov~nants
24 contained in this Agreement, at the time and in the matter herein provided, or b) ANAHEIMlloses
25 funding under the Grant.
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SUBGRANTEES and its agents and employees and independent contractors shall act in
27 an independent capacity in the performance of this Agreement, and shall not be considered officer~,
28 agents or employees of ANAHEIM or of the agency from which ANAHEIM received Grant funds.
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1 15. In the performance of this Agreement, SUBGRANTEES and its officers, agents,
2 employees shall comply with by all applicable federal, state and local laws, including all applicable
3 statutes, regulations, executive orders and ordinances.
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2 Anaheim, County of Orange, State of California.
IN WITNESS WHEREOF, the parties have executed this Agreement in the City of
3 DATE OF EXECUTION:
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CITY OF ANAHEIM,
a municipal corporation,
By
Chief of Police
"ANAHEIM"
CITY OF CYPRESS, a municipal corporation
By
Printed Name
Title
CITY OF LOS ALAMITOS, a municipal
corporation
By
Printed Name
Title
CITY OF SEAL BEACH, a municipal corporation
By
Printed Name
Title
"SUB GRANTEES"
s