2013/10/02 Menifee Crime Watch FY13/14 volunteer group program MOU F'cep"on
EN�1 E '' CITY OF MENIFEE
MOU Agreement Cover Sheet
DATE: October 15, 2013
TO: Robert A. Johnson, Interim City Manager
CC: Wendy Welch, Accounting Manager
FROM: Allen Yun, Administrative Analyst 4�1
SUBJECT: Memorandum of Understanding with Menifee Crime Watch
Why is this MOU Agreement Needed?:
To establish an equipment loan agreement between the City and Menifee Crime Watch.
What is the total length of the MOU Agreement?:
The agreement is in effect for fiscal year 2013-2014 and shall renew at the end of each term
unless earlier terminated in accordance with MOU.
Is the Agreement/Contract within the City Manager's Signature Authority?:
Yes.
Does this agreement include anV changes from the standard contract templates? If so.
please explain the changes.
No.
Where are the funds coming from?:
N/A.
What general ledger account number should be used for the purchase order?
N/A/
Additional Information to support the Agreement/Contract:
The radios will be exclusively used for the benefit of Menifee Crime Watch.
MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF MENIFEE AND
MENIFEE CRIME WATCH
This MEMORANDUM OF UNDERSTANDING is made and entered into this 2"d
day of October, 2013, by and between City of Menifee, a municipal corporation ("City")
and the Menifee Crime Watch ("Crime Watch"), a non-profit corporation ("MOU" or
"Agreement"). The City and Crime Watch occasionally herein are each individually
referred to as "Party" and collectively as the "Parties". The Parties hereto agree as
follows:
RECITALS
A. The City was incorporated effective October 1, 2008 and is committed to Public
Safety in the City of Menifee for the benefit of all residents of the community.
B. The Menifee Crime Watch a volunteer group with the Riverside County Sheriff's
Department whose purpose is to operate and maintain a crime prevention program
for the residents of the City of Menifee.
NOW, THEREFORE, the Parties agree as follows:
I. General.
A. Recitals. All Recitals set out above are true and correct.
B. Purpose and Understanding of the Parties.
1. The purpose of this Agreement is to establish an equipment loan
agreement between the City and Crime Watch.
2. This Agreement is entered into with the understanding that the equipment
set forth in Attachment "A" ("Equipment") attached hereto and
incorporated by this reference is to be exclusively used for the benefit of
Crime Watch crime prevention program.
C. Implementation.
1. Replacement Cost. The City and Crime Watch agree that the value of the
Equipment is at least Six Thousand and Seven Hundred Dollars and No
Cents ($6,700.00). Crime Watch shall pay City the cost of any equipment
that has been lost, stolen, or damaged in accordance with the costs sets
forth in Attachment "A" ("Replacement Cost"). The Replacement Cost
shall be paid to City by Crime Watch within 10 days of the receipt of notice
of the lost, missing or damaged Equipment. The determination of whether
Equipment is lost, missing or damaged shall rest solely with the City.
2. Organizational Responsibility. Crime Watch shall be responsible for any
and all maintenance necessary to keep the Equipment in good working
condition as determined by the City. This maintenance shall be at Crime
Watch's sole and absolute expense.
D. Term. This Agreement shall be in effect for fiscal year 2013-2014 and shall
automatically renew at the end of each term unless earlier terminated in
accordance with Section II.
II. Termination
This Agreement may be terminated with or without cause by either Party upon 10
days written notice to the non-terminating Party.
III. Indemnification.
A. Indemnification. To the full extent provided by law, Crime Watch agrees to
indemnify, defend and hold harmless the City, its officers, employees and
agents against, any and all actions, suits, claims, damages to persons or
property, losses, costs, penalties, obligations, errors, omissions or liabilities,
including paying any legal costs, attorneys fees, or paying any judgment (herein
"claims or liabilities") that may be asserted or claimed by any person, firm or
entity arising out of or in connection with the negligent performance of the work
or services of Crime Watch, its officers, agents, employees, agents,
subcontractors, or invitees, provided for herein ("indemnitors"), or arising from
Crime Watch's indemnitors' negligent performance of or failure to perform any
term, provision, covenant, or condition of this Agreement.
B. Survival. Notwithstanding any other provision of this Agreement, this Section III
shall survive the termination of this Agreement.
IV. Miscellaneous.
A. General Provisions. This Agreement and all terms and conditions hereof shall
be governed by, construed, and enforced in accordance with the laws of the
State of California, with venue in any action in the Superior Court of Riverside
County. Any term herein can be waived only by a written waiver signed by the
Party against whom such waiver is to be asserted. This Agreement may be
executed in counterparts, each of which when so executed shall be deemed an
original, and all of which, together, shall constitute one and the same
instrument.
Menifee Crime Watch Equipment MOU
2013 Paget
B. Attorneys' Fees. In the event of litigation between the Parties hereto arising out
of or in connection with this Agreement, the prevailing party shall, in addition to
any other relief awarded by the court, be entitled to recover its costs and
reasonable attorneys' fees as determined by the court.
C. Notice. Any notice to be given hereunder shall be effective only when in writing
and delivered to the Party to whom notice is being given personally, by fax or
by mail, to the address set out below:
To City: City of Menifee
29714 Haun Road
Menifee, CA 92586
(951) 672-6777
(951) 679-3843fax
Attn: Rob Johnson, Interim City Manager
To Crime Watch: Menifee Crime Watch
27851 Bradley Road #190
Menifee, California 92586
Attn: Walter Maynard
Either Party may change the place of notice to any other location by giving
written notice to the other.
D. Amendment. This Agreement may only be amended by an agreement in writing
signed by the Parties.
E. Further Action. The Parties agree to and shall take such further action and
execute and deliver such additional documents as may be reasonably required
to effectuate the terms and conditions of this Agreement and to the extent
consistent with the terms hereof.
F. Authority. The persons executing this Agreement on behalf of the Parties
hereto warrant that (i) such Party is duly organized and existing, (ii) they are
duly authorized to execute and deliver this Agreement on behalf of said Party,
(iii) by so executing this Agreement, such party is formally bound to the
provisions of this Agreement, and (iv) entering into this Agreement does not
violate any provision of any other agreement to which said party is bound.
[Signatures on next page]
Menifee Crime Watch Equipment MOU
2013 Page 3
Dated: (,CafJh1JG /� CITY OF MENIFEE, a municipal
corporation
By: _7 VL
Attest: Robert A. J16hnson,
Interim Cilyvanager
4601Aann/ City Clerk
APPROVED AS TO FORM:
JuAre H. Biggs, City At ey
Dated: 7 l3 MENIFEE CRIME WATCH
By: T/G
Walter Maynard,
Strike Force Co mander
By : ` -
Tom Hall, President
[End of signatures]
Menifee Crime Watch Equipment MOU
2013 Page 4
ATTACHMENT "A"
The following is a list of Equipment subject to the Agreement between the City and Crime
Watch. The Equipment consists of six (6) Motorola XPR 6350, Two-way Portable Radios that
will be utilized in Crime Watch Patrol Vehicles and one (1) Motorola XPR 4550, Mobile Two-way
Radio Unit that will be utilized at Crime Watch Dispatch.
List of Equipment Description ID # Serial # Fully-Burdened
Replacement Cost
1. Motorola XPR 6350 Two-way Radio 0087 977TLJ3252 $ 1,000.00
2. Motorola XPR 6350 Two-way Radio 0088 977TLJ2214 $ 1,000.00
3. Motorola XPR 6350 Two-way Radio 0090 977TLJ3173 $ 1,000.00
4. Motorola XPR 6350 Two-way Radio 0097 977TLJ3255 $ 1,000.00
5. Motorola XPR 6350 Two-way Radio 0098 977TLJ2225 $ 1,000.00
6. Motorola XPR 6350 Two-way Radio 0117 977TLJ3180 $ 1,000.00
7. Motorola XPR 4550 Mobile Two-way Unit 0116 700.00
$ 6,700.00
Menifee Crime Watch Equipment MOU
2013 Page 5