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Resolution No. 94441 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ME RESOLUTION N0. 9444 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A COMMAND POST VEHICLE JOINT USE AGREEMENT BETWEEN AREA E AGENCIES REGARDING THE COOPERATIVE USE OF THE COMMAND POST VEHICLE WHEREAS, the City of Vernon and various other cities located in the southeast area of Los Angeles County are members of the Area E Civil Defense and Disaster Organization; and WHEREAS, in 2005, the Office of State Homeland Security provided funding to Los Angeles County for a mobile command post vehicle to be used by Area E law enforcement agencies that is outfitted with a variety of resources that can be placed "on scene" within a matter of hours and is intended to benefit all Area E law enforcement agencies; and WHEREAS, the City of Whittier was selected to be the registered owner of the Area E Law Enforcement Mutual Aid Command Post Vehicle (the "Command Vehicle"); and WHEREAS, the Area E law enforcement agencies that want access to the Command Vehicle are requested to enter into a joint use agreement setting forth the terms and conditions for the cooperative use of the Command Vehicle; and WHEREAS, each Area E law enforcement agency entering into the joint use agreement will need to make an annual maintenance contribution of approximately $500.00 due July 15 of each year; and WHEREAS, the City desires to enter into the Command Post Vehicle Joint Use Agreement Between Area E Agencies and authorize payment of the annual maintenance contribution; and 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City Council of the.City of Vernon has determined that, pursuant to the provisions of subsection (a).of Section 2.27 of the Vernon City Code, it is in the public interest and necessity to enter into a contract with Area E law enforcement agencies Ifor the cooperative use of the Command Vehicle to enhance services 1provided to the Vernon community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Command Post Vehicle Joint Use Agreement Between Area E Agencies, in substantially the same form as the copy which is attached hereto as Exhibit A and incorporated by reference. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute the Agreement with the Area E agencies for, and on behalf of, the City of Vernon and the City Clerk is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby (directs the City Clerk, or her designee, to give one executed Agreement to: Whittier Police Department Attn. Samuel A. Reed 7315 Painter Avenue Whittier, CA 90602 SECTION 5: The City Council of the City of Vernon hereby lauthorizes the City Administrator, or his designee, to make whatever nonsubstantive, administrative and/or text changes, upon advice of - 2 - 1 counsel, to the Agreement. 2 SECTION 6': The City Clerk of the City of Vernon shall 3' certify to the passage of this resolution, and thereupon and 4 thereafter the same shall be'' in full force and effect.: 5 APPROVED AND ADOPTED this 1'5th day of October, 2007. 6 7 8 Name-Leonis C. Malburgl 9 Title: 'Mayor 10 11 ATTEST: 12 13, NUELA GIRON, City'Clerk 14 15' 16 17 18 '. 19 20 21 22 23 24 25 26' 27 28 3 _ 1 STATE OF CALIIFORNIA ) 2 ss COUNTY OF LOS ANGELES ) 3 4 ' I, 'MANUELA GIRON, City Clerk of the City of Vernon, do hereby 5 certify that the foregoing Resolution, being Resolution No. 9444, was 6, duly adopted by the City .Council of the City of Vernon at a' regular 7 meeting of the City Council duly held on Monday, October 15, 2007, and 8 thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of 9 Vernon. 10 11 MANUELA GI :ON, ',City Clerk 12 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 4 EXHIBIT A COMMAND POST VEHICLE JOINT USE AGREEMENT BETWEEN AREA E AGENCIES This Command Post Vehicle Joint Use Agreement ("Agreement").is entered into this day of 2007, by and between the City of Bell, a California municipal corporation; the City of Bell Gardens, a California municipal corporation; the City of Downey, a. California municipal corporation; the City of Huntington Park, a California municipal corporation; the City of Maywood, a California municipal corporation; the City of Montebello, a California municipal corporation; the City of South. Gate, a California municipal corporation; the City of Vernon, a California municipal corporation; and the City of Whittier, a California municipal corporation (hereinafter, collectively, the "Parties" and individually, a "Party"). RECITALS WHEREAS, the City of Whittier is the registered owner of the Area E Law Enforcement Mutual Aid Command Post vehicle (the "Command Post"); and WHEREAS, the Police Departments of the. Parties constitute the Area E law enforcement agencies, as shown in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the Command Post is intended to benefit all Area E law enforcement agencies; and WHEREAS, the Parties desire to enter into this Agreement to establish the cooperative use of the Command Post. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein and other consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. Protocol. The Parties agree to abide by the Area E Mutual Aid Command Post Operating Protocol attached hereto as Exhibit `B" and incorporated herein by this reference. 2. Insurance. Each Party shall maintain throughout the term of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with its use of the Command Post, or that of its respective agents, representatives, or employees. Page 1 of 10 3. ' Indemnification. Each Party shall indemnify, protect, defend and hold harmless each other Party and their respective officers, officials, employees, agents, representatives, and volunteers from and against any liability (including, but not limited to, liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arises out of, is a consequence of, or is in any way attributable to, in whole or in part, its use of the Command Post, or the use of the Command Post by its officers, officials, employees, agents,representatives, or volunteers. 4. Compliance with Laws. The Parties agree to follow all federal, state, and local laws and regulations applicable to the operation of the Command Post. 5. Notices. All notices which any party is required or desires to give hereunder shall be in writing and shall be deemed given when delivered personally or three (3) days after mailing by registered or certified mail (return receipt requested) to the persons and addresses set forth in Exhibit "A" or at such other address as the parties may from time to time designate by written notice in the aforesaid manner. 6. Entire Agreement. This Agreement, including the attached exhibits hereto, constitutes the entire agreement of the. Parties with respect to the subject .matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. 7. Amendment. The terms and provisions of this Agreement may not be amended, modified or waived, except by an instrument in writing signed by the Parties. 8. Law to Govern; Venue. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. 9. Fees, Costs and Expenses. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorneys' fees, costs and expenses, in addition to any other relief to which it may be entitled. 10. , Severability. If any term, provision, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). Page 2 of 10 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed the day and year first above written. CITY OF BELL ATTEST: City Clerk CITY OF BELL GARDENS ATTEST: City Clerk CITY OF DOWNEY ATTEST: Andreas Probst, Chief of Police APPROVED AS TO FORM: City Attorney Keith Kilmer, Chief of Police APPROVED AS TO. FORM: City Attorney Roy Campos, Chief of Police APPROVED AS TO FORM: Page 3 of 10 City Clerk CITY OF HUNTINGTON PARK City Attorney Mike Treves, Chief of Police ATTEST: APPROVED AS TO FORM: City Clerk City Attorney CITY OF MAYWOOD Richard Lyons, Chief of Police ATTEST: APPROVED AS TO FORM: City Clerk City Attorney CITY OF MONTEBELLO Gary Couso-Vasquez, Chief of Police ATTEST: APPROVED AS TO FORM: City Clerk City Attorney Page 4 of 10 CITY OF SOUTH GATE ATTEST: City Clerk CITY OF VERNON Leonis C. Malburg, Mayor ATTEST: eElerk Manuela Giron, City Clerk CITY OF WHITTIER Robert Todd, Chief of Police APPROVED AS TO FORM: City Attorney Steven Towles, Chief of Police APPROVED AS TO FORM: eitpy Jeff A. Harrison, City Attorney David Singer, Chief of Police ATTEST: APPROVED AS TO FORM: City Clerk City,Attorney Page 5 of 10 EXHIBIT A Command Post Area - E Participating Agencies ---------- Whittier Police Department Proudly serving the City of Santa Fe Springs 7315 Painter Ave Whittier, Ca 90602 562-945-8250 Chief David Singer Bell Police Department 6326 Pine Ave. Bell, Ca 90201 323-585-1245 Chief Andreas Probst Bell Gardens Police Department 7 100 S. Garfield Ave. Bell Gardens., Ca 90201 562-806-7600 Chief Keith Kilmer Downey Police Department 10911 Brookshire Ave. Downey, Ca 90241 562-861-0771 Chief Roy Campos Huntington Park Police Department 6542 Miles Ave. Huntington Park, Ca 90255 323-584-6254 Chief Mike Trevis Page 6 of 10 - - - - - - - - - - ------- ------- ------ ------ Maywood Police Department Proudly serving the City of Cudahy 4317 Slauson Ave. Maywood, Ca 90270 323-562-5005 Chief Richard Lyons Montebello Police Department 1600 W. Beverly Blvd. Montebello) Ca 90640 323-887-1313 Chief Garry Couso-Vasquez South Gate Police Department 8620 California Ave. South Gate, Ca 90280 323-563-5400 Chief Robert Todd Vernon Police Department 4305 S. Santa Fe Ave. Vernon, Ca 90058 323-587-5171 Chief Steven Towles - ------- ------- Page 7 of 10 EXHIBIT B Area E Mutual Aid Command Post Operating Protocol The purpose of this protocol is to regulate and manage the mutual use of the command post among area E law enforcement agencies. The protocol was developed to. ensure cooperative use, proper handling, care and maintenance for the long term preservation of the vehicle. General Provisions The Whittier Police Department is the host/sponsoring agency of the Area E Law Enforcement Mutual Aid Command Post. The Whittier Police Department will be responsible for the storage and coordination of regularly scheduled maintenance. The Whittier Police Department is the registered owner of the Area E Law Enforcement Mutual Aid Command Post and is responsible for making it available to all of the disaster preparedness communities within Area E. The Whittier Police Department will be responsible for providing or coordinating the initial and subsequent training on the Area E Law Enforcement Mutual Aid Command Post and all of its components to the designated representatives of the Area E agencies. 2. The Area E Law Enforcement Mutual Aid Command Post is for the exclusive use of Area E law enforcement agencies only. The only exception to this provision is in the event of a significant event or disaster where a mutual aid request is being made outside of Area E. 3. The Area E Law Enforcement Mutual Aid Command Post is to be deployed within the geographical confines of Area E only. Exceptions to this provision are large-scale exercises or official requests for mutual aid from other disaster preparedness areas. �. 4. The Area E Law Enforcement Mutual Aid Command Post is to be used for law enforcement related activities only. Sworn officers will maintain possession and oversight of the vehicle at all times. S. The Area E Law Enforcement Mutual Aid Command Post is not to be altered or modified in any way without the express consent of the sponsoring agency. This is to include, but is not limited to: exterior color scheme and signage inclusive of the application of proprietary insignia, temporary use signs or bumper stickers, physical modifications such as drive train, seating configurations, radio hardware and radio software, which includes the programming or reconfiguration of radio frequencies or the removal of any pre-existing equipment. Page 8 of 10 6. When not in the possession of the sponsoring agency, the Area E Law Enforcement Mutual Aid Command Post will be constantly manned by a sworn officer and representative of the Area E agency in possession of the Command Post or stored in a secure facility. 7. In an effort to maintain the Area E Law Enforcement Mutual Aid Command Post, the sponsoring agency, along with the participating agencies, will be asked to each make an annual maintenance contribution of $500.00. These funds will be utilized for regular maintenance as well as upgrades and equipment acquisition. These funds are to be delivered to the Whittier Police Department by July 15th of each year. Reservation & Return Procedures 1. Area E law enforcement agencies may reserve the Area E Law Enforcement Mutual Aid Command Post by sending. an email request to areaecp@cityofwhittier.org 2. Reservations will be accepted on a first -come first -served basis. At the time of reservation, The Area E Law Enforcement Mutual Aid Command Post use will require a check-out date as well as a return date. This is to provide an accountability of availability for other Area E agencies. 3. Emergency deployment of the Area E Law Enforcement Mutual Aid Command Post will need to be coordinated with the Whittier Police Watch Commander 24/7 at (562) 945-8255. Emergency deployments may supersede scheduled deployments based on the severity of the incident. The final decision is to be made by the on -duty Watch Commander of the Whittier Police Department. In the event of an emergency deployment, the Area E Law Enforcement Mutual Aid Command Post will be returned to the Whittier Police Department within 48 hours of the conclusion of the incident that the Command Post was deployed to. 4. On the scheduled pickup date, a Whittier Police representative will meet representatives from the requesting Area E law enforcement agency at the Whittier City Yard, located at 12016 Hadley Street. Access into the secure facility . and operation keys for the Area E Law Enforcement Mutual Aid Command Post will be provided at that time. The requesting Area E agency will perform a check-out walk-through and complete the check-out inspection- form. 5. On the scheduled return date, the requesting agency will need to contact the Whittier Police Watch Commander at (562), 945-8255. The Whittier Police Watch Commander will arrange for a Whittier Police representative to provide access into the Whittier City Yard located at 12016 Hadley Street. The requesting Area E agency will perform a check -in walk-through and complete the check -in inspection. form. Page 9 of 10 6. In the event of an emergency deployment, the requesting agency will still be subject to the same check-out and check -in procedures indicated above. 7. Due to the complexity of the Area E Law Enforcement Mutual Aid Command Post, it is highly recommended that only representatives who have received training in the operation and driving of this vehicle be sent to pick up and return the vehicle. Initial training is to be provided by the Whittier Police Department. Subsequent training may be arranged with the Whittier Police Department if needed: Operating Procedures All users shall utilize the "Area E Law Enforcement Mutual Aid Command Post Operations Manual" for the proper operation of vehicle features such as lighting, radio interoperability, smart board, air conditioning, rig balancing, use of awning and pop -out room, etc. 2. In order to reduce wear and tear caused by high traffic volume inside the Area E Law Enforcement Mutual Aid Command Post, users not directly assigned to the vehicle shall access the restroom via the driver side stairs. 3. Any agency utilizing the restroom facilities will be responsible for the proper disposal of the waste material and replenishing of the chemicals in the storage tanks. 4. The agency utilizing the Command Post will return it in a condition reflective of that in which it was when checked out. This is to include the cleanliness of the vehicle both inside and out. 5. Area E agencies will subscribe to proper radio protocol and etiquette as defined by interagency agreements and FCC regulations. The Area E agency in control of the Area E Law Enforcement Mutual Aid Command Post will be responsible for all radio communications made from the Command Post. 6. In the event of a mechanical failure of the Area E Law Enforcement Mutual Aid �. Command Post where the vehicle has been immobilized, the agency in possession of the Command Post shall contact the on -duty Whittier Police Department Watch Commander at (562) 945-8255, who will arrange for the transportation of the Command Post back to the Whittier Police Department. In the event that the failure is as a result of misuse by the possessing agency, the mechanical failure as well as the transportation cost will be the financial responsibility of the agency in possession at the time of the failure. The Whittier Police Department will make arrangements for the repair of the Command Post and notify the possessing agency of the costs of repair. Pagel 0 of 10 AGREEMENT NOT RECEIVED - POLICE DEPARTMENT DOES NOT HAVE A COPY ON FILE CITY W SOUTH GATE Roberi' Todd; Chie f of Police ATTEST: APPROVED AS TO FoRm _ . City Clerk. City Attorney CITYMVERNON ' ' eonis C. '.Malbu '-; Mayor#: Steven Towles, Chief of Police ATTEST:. APPROVED AS TO FORM! w Manue"la Gir-on, Gi'ty .clerk Je „, A H.rriso11 city Attorney: CITY OF WHITTIER David Sixiger, Chief of Police ATTEST: APPROVED AS TO FORM;" City Clerk City Attorney Page 5 of 10 Page 1 of 2 Juarez, Debbie From: Juarez, Debbie Sent: Wednesday, February 11, 2009 11:24 AM To: Winegar, Jerry Cc: Falvo, Melody Subject: RE: Resolution No. 9444 - Command Post Vehicle Joint Use Agreement Between Area E Agencies Hi Jerry. I just thought that I would check one more time to see if we were lucky enough to get a copy of the fully executed agreement yet. Please let me know when you get a chance. Have a great day. Thank you. Deborah Suarez &cords Management Assistant City of Vernon - City Clerk's Office 4305 Santa Ee Avenue Vernon, CA 90058 (323) 583-8811 From: Winegar, Jerry [mailto:JWinegar@covpd.org] Sent: Thursday, October 16, 2008 8:32 AM To: Romero, Debbie Subject: FW: Resolution No. 9444 - Command Post Vehicle Joint Use Agreement Between Area E Agencies Hi, Debbie, Did you ever get a copy of the fully executed agreement? If you did not, let me know and I will contact them again. Jerry Winegar Lieutenant Professional Standards Division Terrorism Liaison Officer Vernon Police Department 4305 Santa Fe Ave. Vernon Ca. 90058 (323) 587.5171 Office (213) 216-9926 Cell (323) 826.1484 Fax . Iwinegar a@covpd.org Lt. Winegar From: Falvo, Melody Sent: Monday, September 15, 2008 7:29 AM To: Winegar, Jerry Cc: Romero Debbie 2/11/2009 Page 2 of 2 Subject: FW: Resolution No. 9444 - Command Post Vehicle Joint Use Agreement Between Area E Agencies Jerry: Can you follow-up on this and advise? Thank you. From: Romero, Debbie[ma IIto: DRomero@ci.vernon.ca.us] Sent: Thursday, September 11, 2008 5:16 PM To: Falvo, Melody Subject: Resolution No. 9444 - Command Post Vehicle Joint Use Agreement Between Area E Agencies Hi Mel. Have you had a chance to check with the officer that is handling this one to see if maybe he received the fully executed agreement from the City of Whittier? Sometimes, the contact people at the other agencies end up sending documents directly to the department that they are dealing with instead of to the City Clerk. Thank you and have a great weekend @ 2/ 11 /2009 Page 1 of 1 Romero, Debbie From: Winegar, Jerry [JWinegar@covpd.org] Sent: Monday, September 15, 2008 2:06 PM To: sreed@cityofwhittier.org Cc: Falvo, Melody; Romero, Debbie Subject: Joint use agreement Hi Sergeant, Could you forward me a PDF or copy of the fully executed joint use agreement for the area command post vehicle? Our City Clerk would like to file a copy with our records. Thanks, Jerry Winegar Lieutenant Professional Standards Division Terrorism Liaison Officer Vernon Police Department 4305 Santa Fe Ave. Vernon Ca. 90058 (323) 587-5171 Office (213) 216.9926 Cell (323) 826.1484 Fax 'w1 inegar covpd•org 9/24/2008 Page 1 of 1 Romero, Debbie From: Winegar, Jerry [JWinegar@covpd.org] Sent: Monday, September 15, 2008 7:39 AM To: Falvo, Melody Cc: Romero, Debbie; Towles, Steven Subject: RE: Resolution No. 9444 - Command Post Vehicle Joint Use Agreement Between Area E Agencies I have not received a fully executed agreement from the City of Whittier. I will call a contact at the City of Whittier today and ask for a copy. Lt. Winegar From: Falvo, Melody Sent: Monday, September 15, 2008 7:29 AM To: Winegar, Jerry Cc: Romero Debbie Subject: FW: Resolution No. 9444 - Command Post Vehicle Joint Use Agreement Between Area E Agencies Jerry: Can you follow-up on this and advise? Thank you. From: Romero, Debbie[ma iIto: DRomero@ci.vernon.ca.us] Sent: Thursday, September 11, 2008 5:16 PM To: Falvo, Melody Subject: Resolution No. 9444 - Command Post Vehicle Joint Use Agreement Between Area E Agencies Hi Mel. Have you had a chance to check with the officer that is handling this one to see if maybe he received the fully executed agreement from the City of Whittier? Sometimes, the contact people at the other agencies end up sending documents directly to the department that they are dealing with instead of to the City Clerk. Thank you and have a great weekend (D 9/15/2008 Page 1 of 1 Romero, Debbie From: Romero, Debbie Sent: Thursday, September 11, 2008 5:16 PM To: Falvo, Melody Subject: Resolution No. 9444 - Command Post Vehicle Joint Use Agreement Between Area E Agencies Hi Mel. Have you had a chance to check with the officer that is handling this one to see if maybe he received the fully executed agreement from the City of Whittier? Sometimes, the contact people at the other agencies end up sending documents directly to the department that they are dealing with instead of to the City Clerk. Thank you and have a great weekend O 9/11/2008 Page 1 of 1 Romero, Debbie From: Falvo, Melody [MFalvo@covpd.org] Sent: Tuesday, September 02, 2008 10:47 AM To: Romero, Debbie Subject: RE: Command POST vehicle joint use agreement Let me check... From: Romero, Debbie[mailto:DRomero@ci.vernon.ca.us] Sent: Tuesday, September 02, 2008 10:43 AM To: Falvo, Melody Subject: RE: Command POST vehicle joint use agreement I guess Whittier P.D. never sent a copy of the fully executed agreement to us. Is it possible that whichever Vernon officer that was handling this may have received the copy? From: Falvo, Melody [mailto:MFalvo@covpd.org] Sent: Tuesday, September 02, 2008 10:40 AM To: Romero, Debbie Subject: Command POST vehicle joint use agreement Hey Deb: This isn't signed either... 9/2/2008 COMMAND POST VEHICLE JOINT USE AGREEMENT BETWEEN AREA E AGENCIES This Command Post Vehicle Joint Use Agreement ("Agreement"). is entered into this day of , 2007, by and between the City of Bell, a California municipal corporation; the City of Bell Gardens, a California municipal corporation; the City of Downey, a California municipal corporation; the City of Huntington Park, a California municipal corporation; the City of Maywood, a California municipal corporation; the City of Montebello, a California municipal corporation; the City of South Gate, a California municipal corporation; the City of Vernon, a California municipal corporation; and the City of Whittier, a California municipal corporation (hereinafter, collectively, the "Parties" and individually, a "Party"). RECITALS WHEREAS, the City of Whittier is the registered owner of the Area E Law Enforcement Mutual Aid Command Post vehicle (the "Command Post'); and WHEREAS, the Police Departments of the Parties constitute the Area E law enforcement agencies, as shown in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the Command Post is intended to benefit all Area E law enforcement agencies; and WHEREAS, the Parties desire to enter into this Agreement to establish the cooperative use of the Command Post. NOW, THEREFORE, in consideration of the mutual covenants and conditions set . forth herein and other consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. Protocol. The Parties agree to abide by the Area E Mutual Aid Command Post Operating Protocol attached hereto as Exhibit `B" and incorporated herein by this reference. 2. Insurance. Each Party, shall maintain throughout the term of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with its use of the Command Post, or that of its respective agents, representatives, or employees. Page 1 of 10 3. Indemnification. Each Party shall indemnify, protect, defend and hold harmless each other. Party and their respective officers, officials, employees, agents, representatives, and volunteers from and against any liability (including, but not limited to, liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arises out of, is a consequence of, or is in any way attributable to, in whole or in part, its use of the Command Post, or the use of the Command Post by its officers, officials, employees, agents,. representatives, or volunteers. 4. Compliance with Laws. The Parties agree to follow all federal, state, and local laws and regulations applicable to the operation of the Command Post. 5. Notices. All notices which any party is required or desires to give hereunder shall be in writing and shall be deemed given when delivered personally or three (3) days after mailing by registered or certified mail (return receipt requested) to the persons and addresses set forth in Exhibit "A" or at such other address as the parties may from time to time designate by written notice in the aforesaid manner. 6. Entire Agreement. This Agreement, including the attached exhibits hereto, constitutes the entire agreement of the. Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. 7. Amendment. The terms and provisions of this Agreement may not be amended, modified or waived, except by an instrument in writing signed by the Parties. 8. Law to Govern; Venue. This Agreement shall be interpreted; construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. 9. Fees, Costs and Expenses. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorneys' fees, costs and expenses, in addition to any other relief to which it may be entitled. 10. , Severability. If any term, provision, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). Page 2 of 10 w IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed the day and year first above written. CITY OF BELL ATTEST: City Clerk CITY OF BELL GARDENS ATTEST: City Clerk CITY OF DOWNEY Andreas Probst, Chief of Police APPROVED AS TO FORM: City Attorney Keith Kilmer, Chief of Police APPROVED AS TO FORM: City Attorney Roy Campos, Chief of Police ATTEST: APPROVED AS TO FORM: Page 3 of 10 City Clerk CITY OF HUNTINGTON PARK ATTEST: City Clerk CITY OF MAYWOOD ATTEST: City Attorney Mike Treves, Chief of Police APPROVED AS TO FORM: City Attorney Richard Lyons, Chief of Police APPROVED AS TO FORM: City Clerk City Attorney CITY OF MONTEBELLO Gary Couso-Vasquez, Chief of Police ATTEST: APPROVED AS TO FORM: City Clerk City Attorney Page 4 of 10 City Clerk City Attorney Page 5 of 10 CITY OF SOUTH GATE Robert Todd, Chief of Police ATTEST: APPROVED AS TO FORM: City Clerk City Attorney CITY OF VERNON eonis C . Malbur , �Mayord Steven Towles, Chief of Police' ATTEST: APPROVED AS TO FORM:` Manuela Giron, Ci(y Clerk Je A H,'rrison, City Attorney, CITY OF WHITTIER David Singer, Chief of Police ATTEST: APPROVED AS TO FORM - City Clerk City Attorney Page 5 of 10 EXHIBIT A EXHIBIT A Command Post Area - E Participating Agencies -------------------_--------------------------------- Whittier Police Department Proudly serving the City of Santa Fe Springs 7315 Painter Ave Whittier, Ca 90602 562-945-8250 Chief David Singer ---------------=-------------------------_ _-__-__---- ------------------------------------------------------- Bell Police Department 6326 Pine Ave. Bell, Ca 90201 323-585-1245 Chief Andreas Probst ---- ___________________________________________ Bell Gardens Police Department 7100 S. Garfield Ave. Bell Gardens, Ca 90201 562-806-7600 Chief Keith Kilmer Downey Police Department 10911 Brookshire Ave. - Downey, Ca 90241 562-861-0771 Chief Roy Campos Huntington Park Police Department 6542 Miles Ave. Huntington Park, Ca 90255 323-584-6254 Chief Mike Trevis Page 6 of 10 ------------------------------------------------------ -------------- Maywood Police Department Proudly serving the City of Cudahy 4317 Slauson Ave. Maywood, Ca 90270 323-562-5005 Chief Richard Lyons Montebello Police Department 1600 W. Beverly Blvd. Montebello, Ca 90640 323-887-1313 Chief Garry Couso-Vasquez ---------------------- South Gate Police Department 8620 California Ave. South Gate, Ca 90280 323-563-5400 Chief Robert Todd Vernon Police Department 4305 S. Santa Fe Ave. Vernon, Ca 90058 323-5.87-5171 Chief Steven Towles ------------ Page 7 of 10 EXHIBIT B EXHIBIT B Area E Mutual Aid Command Post Operatini Protocol The purpose of this protocol is to regulate and manage the mutual use of the command post among area E law enforcement agencies. . The protocol was developed to ensure cooperative use, proper handling, care and maintenance for the long term preservation of the vehicle. General Provisions 1. The Whittier Police Department is the host/sponsoring agency of the Area E Law Enforcement Mutual Aid Command Post. The Whittier Police Department will be responsible for the storage and coordination of regularly scheduled maintenance. The Whittier Police Department is the registered owner of the Area E Law Enforcement Mutual Aid Command Post and is responsible for making it available to all of the disaster preparedness communities within Area E. The Whittier Police Department will be responsible for providing or coordinating the initial and subsequent training on the Area E Law Enforcement Mutual Aid Command Post and all of its components to the designated representatives of the Area E agencies. 2. The Area E Law Enforcement Mutual Aid Command Post is for the exclusive use of Area E law enforcement agencies only. The only exception to this provision is in the event of a significant event or disaster where a mutual aid request is being made outside of Area E. 3. The Area E Law Enforcement Mutual Aid Command Post is to be deployed within the geographical confines of Area E only. Exceptions to this provision are large-scale exercises or official requests for mutual aid from other disaster preparedness areas. 4. The Area E Law Enforcement Mutual Aid Command Post is to be used for law enforcement related activities only. Sworn officers will maintain possession and oversight of the vehicle at all times. 5. The Area E Law Enforcement Mutual Aid Command Post is not to be altered or modified in any way without the express consent of the sponsoring agency. This is to include, but is not limited to: exterior color scheme and signage inclusive of the application of proprietary insignia, temporary use signs or bumper stickers, physical modifications such as drive train, seating configurations, radio hardware and radio software, which includes the programming or reconfiguration of radio frequencies or the removal of any pre-existing equipment. Page 8of10 6. When not in the possession of the sponsoring agency, the Area E Law Enforcement Mutual Aid Command Post will be constantly manned by a sworn officer and representative of the Area E agency in possession of the .Command Post or stored in a secure facility. 7. In an effort to maintain the Area E Law Enforcement Mutual Aid Command Post, the sponsoring agency, along with the participating agencies, will be asked to each make an annual maintenance contribution of $500.00. These funds will be utilized for regular maintenance as well as upgrades and equipment acquisition. These funds are to be delivered to the Whittier Police Department by July 15th of each year. Reservation & Return Procedures 1. Area E law enforcement agencies may reserve the Area E Law -Enforcement Mutual Aid Command Post by sending an email request to areaecp (a-),cityo fwhitti er. org 2. Reservations will be accepted on a first -come first -served basis. At the time of reservation, The Area E Law Enforcement Mutual Aid Command Post use will require a check-out date as well as a return date. This is to provide an accountability of availability for other Area E agencies. 3. Emergency deployment of the Area E Law Enforcement Mutual Aid Command Post will need to be coordinated with the Whittier Police Watch Commander 24/7 at (562) 945-8255. Emergency deployments may supersede scheduled deployments based on the severity of the incident. The final decision is to be made by the on -duty Watch Commander of the Whittier Police Department. In the event of an emergency deployment, the Area E Law Enforcement Mutual Aid Command Post will be returned to the Whittier Police Department within 48 hours of the conclusion of the incident that the Command Post was deployed to. 4. On the scheduled pickup date, a Whittier Police representative will meet representatives from the requesting Area E law enforcement agency at the Whittier City Yard, located at 12016 Hadley Street. Access into the secure facility . and operation keys for the Area E Law Enforcement Mutual Aid Command Post will be provided at that time. The requesting Area E agency will perform a check-out walk-through and complete the check-out inspection- form. 5. On the scheduled return date, the requesting agency will need to contact the Whittier Police Watch Commander at (562) 945-8255. The Whittier Police Watch Commander will arrange for a Whittier Police representative to provide access into the Whittier City Yard located at 12016 Hadley Street. The requesting Area E agency will perform a check -in walk-through and complete the check -in inspection form. Page 9of10 6. In the event of an emergency deployment, the requesting agency will still be subject to the same check-out and check -in procedures indicated above. 7. Due to the complexity of the Area E Law Enforcement Mutual Aid Command Post, it is highly recommended that only representatives who have received training in the operation and driving of this vehicle be sent to pick up and return the vehicle. Initial training is to be provided by the Whittier Police Department. Subsequent training may be arranged with the Whittier Police Department if needed. Operating Procedures All users shall utilize the "Area E Law Enforcement Mutual Aid Command Post Operations Manual" for the proper operation of vehicle features such as lighting, radio interoperability, smart board, air conditioning, rig balancing, use of awning and pop -out room., etc. 2. In order to reduce wear and tear caused by high traffic volume inside the Area E Law Enforcement Mutual Aid Command Post, users not directly assigned to the vehicle shall access the restroom via the driver side stairs. 3. Any agency utilizing the restroom facilities will be responsible for the proper disposal of the waste material and replenishing_ of the chemicals in the storage tanks. 4. The agency utilizing the Command Post will return it in a condition reflective of that in which it was when checked. out. This is to include the cleanliness of the vehicle both inside and out. 5. Area E agencies will subscribe to proper radio protocol and etiquette as defined by interagency agreements and FCC regulations. The Area E agency in control of the Area E Law Enforcement Mutual Aid Command Post will be responsible for all radio communications made from the Command Post. 6. In the event of a mechanical failure of the Area E Law Enforcement Mutual Aid Command Post where the vehicle has been immobilized, the agency in possession of the Command Post shall contact the on -duty Whittier Police Department Watch Commander at (562) 945-8255, who will arrange for the transportation of the Command Post back to the Whittier Police Department. In the event that the failure is as a result of misuse by the possessing agency, the mechanical failure as well as the transportation cost will be the financial responsibility of the agency in - possession at the time of the failure. The Whittier Police Department will make arrangements for the repair of the Command Post and notify the possessing agency of the costs of repair. Page 10 of 10 COMMAND POST VEHICLE JOINT USE AGREEMENT BETWEEN AREA. E AGENCIES CLLia` *R,N s&z y&Y33 50 This Command Post Vehicle Joint Use Agreement ("Agreement'),is entered into. this 1 day of �/mm►� �� , 2007, by and between the City of Bell, a California municipal corporation; the City of Bell Gardens, a California. municipal corporation; the City of Downey, a California municipal corporation.; the City of Huntington Park, a California municipal corporation; the City of Maywood, a California municipal corporation; the City of Montebello, a California. muaicipal corporation; the City of South Gate, a California municipal corporation; the City of Vernon, a California. municipal corporation; and the City of Whittier, a California municipal corporation (hereinafter, collectively, the "Parties" and individually, a "Party"). RECITALS WHEREAS, the City of Whittier is the registered owner of the Area E Law Enforcement Mutual Aid Command Post vehicle (the "Command Post"); and WHEREAS, the Police Departments of the Parties constitute the Area E law enforcement agencies, as shown in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the Command Post is intended to benefit all Area E law enforcement agencies; and WHEREAS, the Parties desire to enter into this Agreement to establish the cooperative use of the Command Post. NOW, THEREFORE, inconsideration of the mutual covenants and conditions set forth herein and other consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows; AGREEMENT 1. Protocol. The Parties agree to abide by the Area E Mutual Aid Command Post Operating Protocol attached hereto as Exhibit "13" and incorporated herein by this reference. 2. Insurance. Each Party shall maintain throughout the term of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with its use of the Command Post, or that of its respective agents, representatives, or employees. Page 1 of 10 � 'd ti091 'ON d3IilIHM d0 hiD W S:6 6006 '61 '83d 3, Indemnification. Each Party shall indemnify, protect, defend and hold harmless each other Party and their respective officers, officials, employees, agents, representatives, and volunteers from and against any liability (ineluding, but not limited to, liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arises out of, is a consequence of, or is in any way attributable to, in whole or in part, its use of the Command post, or the use of the Command Post by its officers, officials, employees, agents,. representatives, or volunteers. 4. Comyliance with Laws. The Parties agree to follow all federal, state, and local laws and regulations applicable to the operation of the Command Post, 6. Notices, All notices which any party is required or desires to give hereunder shall be in writing and shall be deemed given when delivered personally or three (3) days after mailing by registered or certified mail (return receipt requested) to the persons and addresses set forth in Exhibit "A" or at such other address as the parties may from time to time designate by written notice in the aforesaid manner. 6. Entire Agreement. This Agreement, including the attached exhibits hereto, constitutes the entire agreement of the, Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. 7. Amendment. The terms and provisions of this Agreement may not be amended, modified or waived, except by an instrument in writing signed by the Parties, 8. Law to Govern; Venue. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the Parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. 9. Fees, Costs and Expenses, In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorneys' ,. fees, costs and expenses, in addition to any other relief to which it may be entitled. 10. , Sev„erability. If any term, provision, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s). Page 2 of 10 ti 'd ti091 'ON HMIHM d0 AM AdtiS:6 6006 '6[ '83d IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed the day and year first above written. CITY OF BELL ATTEST: City Cleric CITY OF SELL GARDENS ATTEST: City Clerk CITY -OF DOWNEY w ATTEST: Andreas Probst, Chief of police APPROVED AS TO FORM: City Attomey Keith Kilmer, Chief of Police APPROVED AS TO FORM; City Attorney Ray Campos, Chief of Police APPROVED AS TO FORM: Page 3 of 10 'd Ml 'ON d3IllIHM d0 AM WdtiS:6 6006 '6l '83d City Clerk CITY OF 1FiY3NTINGTON PARK ATTEST: City Clerk CITY OF MAXWOOD ATTEST: City Clerk CITY OF MONTEBELLO ATTEST: City Clerk City Attorney Mike Troves, Chief of Police APPROVED AS TO FORM: City Attorney Richard Lyons, Chief of Police APPROVED AS TO FORM: City Attorney Gary Couso-Vasquez, Chief of police APPROVED AS TO FORM: City Attorney 9 'd ti091 'ON Page 4 of 10 83IiIIHM d0 AM Wdti�:6 600Z 'Z1 '83d CITY OF SOUTH GATE ,ATTEST: City Clerk CITY OF VERNON eoni�C�I�albur �,Mayor� ATTEST; Manuela Giron, Ci y Clark CITY OF WHITTIER nager City Clerk -- Robert Todd, Chief of Police APPROVED AS TO FORM: City Attorney Steven Towles, Chief of Police APPROVED AS TO FORM: rrison, City Attorney. David Singer, Chief of lice APPROVED AS TO 1~ RiVi: Page S of 10 L 'd M0 'ON d3IiIIHM dO AM WdtiS:6 6006 '6[ '833 EXHIBIT A Command Post Area - E Participating Agencies Whittier Police Department Proudly serving the City of Santa Fe Springs 7315 Painter Ave Whittier, Ca 90602 562-945-8250 Chief David Singer Bell police Department 6326 Pine Ave. Bell, Ca 90201 323-585-1245 Chief Andreas Probst Bell Gardens Police Department 7100 S. Garfield Ave. Pell Gardens, Ca 90201 562-806-7600 Chief Keith Kilmer Downey Police Department 10911 Brookshire Ave. Downey, Ca 90241 562-861-0771 Chief Roy Campos Huntington Park police Department 6542 Miles Ave, Huntington Park, Ca 90255 323-584-6254 Chief Mile `frevis Page 6 of 10 0 'd ti091 'ON EILIHM 3O AllO Wd�S:6 6006 '6l '93d Maywood Police Department Proudly serving the City of Cudahy 4317 Slauson .Ave. Maywood, Ca 90270 323-562-5005 Chief Richard Lyons Montebello Police Department 1600 W. Beverly Blvd, Montebello, Ca 90640 323-887-1313 Chief Garry Couso-Vasquez South Gate Police Department 8620 California Ave. South Gate, Ca 90280 323-563-540O Chief Robert Todd Vernon Police Department 4305 S. Santa Fe Ave. Vernon, Ca 90058 323-587-5171 Chief Steven Towles Page 7 of 10 6 'd ti091 'ON UI11IHM dO AiD Wdti�:6 6001'61 '91J EXHIBIT B Area E Mutual Aid. Command Post Operating,Protocol The purpose of this protocol is to regulate and manage the mutual use of the command post among area E law enforcement agencies. The protocol was developed to ensure cooperative use, proper handling, care and maintenance for the long term preservation of the vehicle, General Provisions 1. The Whittier police Department is the host/sponsoring agency of the Area E Law Enforcement Mutual Aid Command Post, The Whittier police Department will be responsible for the storage and coordination of regularly scheduled maintenance, The Whittier Police Department is the registered owner of the Area E Law Enforcement Mutual Aid Command Post and is responsible for making it available to all of the disaster preparedness communities within Area E, The Whittier Police Department will be responsible for providing or coordinating the initial and subsequent training on the Area E Law Enforcement Mutual Aid Command Post and all of its components to the designated representatives of the Area E agencies. 2, The Area E Law Enforcement Mutual Aid Command Post is for the exclusive use of Area E lava enforcement agencies only. The only exception to this provision is in the event of a significant event or disaster where a mutual aid request is being made outside of Area E. 3. The Area E Law Enforcement Mutual Aid Command Post is to be deployed within the geographical confines of Area E only. Exceptions to this provision are large-scale exercises or official requests for mutual aid from other disaster preparedness areas. 4. The Area E Law Enforcement Mutual Aid Command Post is to be used for law enforcement related activities only. Sworn officers will maintain possession and oversight of the vehicle at all times. 5. The Area E Law Enforcement Mutual Aid Command Post is not to be altered or modified in any way without the express consent of the sponsoring agency. This is to include, but is not limited to: exterior color scheme and signage inclusive of the application of proprietary insignia, temporary use signs or bumper stickers, physical modifications such as drive train, seating configurations, radio hardware and radio software, which includes the programming or reconfiguration of radio frequencies or the removal of any pre-existing equipment. Page 8of1O 01 'd MI 'ON d3IilIHM dO AiIO WdSS:6 600Z '6[ '83d 6. When not in the possession of the sponsoring agency, the Area E Law Enforcement Mutual Aid Command Post will be constantly manned by a sworn officer and representative of the Area E agency in possession of the command Post or stored in a secure facility. 7. In an effort to maintain the Area E Law Enforcement Mutual Aid Command Post, the sponsoring agency, along with the pazticipating agencies, will be asked to each make an annual maintenance contribution of $500.00. These funds will be utilized for regular maintenance as well as upgrades and equipment acquisition. These funds are to be delivered to the Whittier Police Department by July 15th of each year. Reservation & Return Procedures 1. Area E law enforcement agencies may reserve the Area E Law Enforcement Mutual Aid Command Post by sending an email request -to areaeg(@cityofwhittier.or 2, Reservations will be accepted on a first -come first -served basis. At the time of reservation, The Area E Law Enforcement Mutual Aid Command Post use will require a check-out date as well as a return date. This is to provide an accountability of availability for other Area E agencies. 3, Emergency deployment of the ,Area E Law Enforcement Mutual Aid Command Post will need to be coordinated with the Whittier Police Watch Commander 24/7 at (562) 945-8255. Emergency deployments may supersede scheduled deployments based on the severity of the incident. The final decision is to be made by the on --duty Watch Commander of the Whittier Police Department, In the event of an emergency deployment, the Area E Law Enforcement Mutual Aid Command Post will be returned to the Whittier Police Department within 48 hours of the conclusion of the incident that the Command Post was deployed to. 4. On the scheduled pickup date, a Whittier Police representative will meet representatives from the requesting Area E law enforcement agency at the Whittier City Yard, located at 12016 Hadley Street. Access into the secure facility . and operation keys for the Area E Law Enforcement Mutual Aid Command Post will be provided at that time. The requesting Area E agency will perform a check-out walk-through and complete the check-out inspection form. 5. On the scheduled return date, the requesting agency will need to contact the Whittier Police Watch Commander at (562) 945-8255. The Whittier Police Watch Commander will arrange for a Whittier Police representative to provide access into the Whittier City Yard located at 12016 Hadley Street. The requesting Area E agency will perform a check -in walk-through and complete the check -in inspection form. Page 9 of 10 l l 'd ti091 'ON f3IiiIHM dO AlI0 WdSS:6 6006 '61 '83d 6. In the event of an emergency deployment, the requesting agency will still be subject to the same check-out and check -in procedures indicated above. . 7. Due to the complexity of the Area E Law Enforcement Mutual Aid Conunand Post, it is highly recommended that only representatives who have received training in the operation and driving of this vehicle be sent to pick up and return the vehicle, Initial training is to be provided by the Whittier Police Department. Subsequent training may be arranged with the Whittier Police Department if needed. Operating Procedures 1. All users shall utilize the "Area E Law Enforcement Mutual Aid Command Post Operations Manual" for the proper operation of vehicle features such as lighting, radio interoperability, smart board, air conditioning, rig balancing, use of awning and pop -out room, etc. 2. In order to reduce wear and tear caused by high traffic volume inside the Area E Law Enforcement Mutual Aid Command Post, users not directly assigned to the vehicle shall access the restroom via the driver side stairs. 3. Any agency utilizing the restroom facilities will be responsible for the proper disposal of the waste material and replenishing of the chemicals in the storage tanks. 4. The agency. utilizing the Command Post will return it in a condition reflective of that in which it was when checked out, This is to include the cleanliness of the vehicle both inside and out. 5. Area E agencies will subscribe to proper radio protocol and etiquette as defined by interagency agreements and FCC regulations. The Area E agency in control of the Area E Law Enforcement Mutual Aid Command Post will be responsible for all radio communications made froze the Command Post. 6, In the event of a mechanical failure of the Area E Law Enforcement Mutual Aid ,. Command Post where the vehicle has been izxrnnobilized, the agency in possession of the Command Post shall contact the on -duty Whittier Police Department Watch Commander at (562) 945-8255, who will arrange for the transportation of the Command Post back to the Whittier Police Department, In the event that the failure is as a result of misuse by the possessing agency, the mechanical failure as well as the transportation cost will be the financial responsibility of the agency in possession at the time of the failure. The Whittier Police Department will make arrangements for the repair of the Command Post and notify the possessing agency of the costs of repair. Page 10 of 10 61 'd ti091 'ON f3I1lIHM dO AlIO AdSS:6 6006 '61 '83d