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HomeMy WebLinkAboutORDINANCES-2018-121-O-1810/16/2018 121-0-18 AN ORDINANCE Authorizing the Donation of an Ambulance to the North Regional Major Crimes Task Force Organization for Use by the Major Crimes Assistance Team WHEREAS, the North Regional Major Crimes Task Force (NORTAF) has a team, Major Crimes Assistance Team (MCAT), that responds to fatal or potentially fatal traffic crashes in 13 surrounding communities, including Evanston; and WHEREAS, the Evanston Police Department has several members on MCAT and the team responds to an average of 16 crashes per year, but have gone out up to 24 times in one year. MCAT utilizes an ambulance to store all the equipment used by our crash reconstructionists and forensic investigators while on the scene of the crash; and WHEREAS, the City Council of the City of Evanston hereby finds that it is no longer necessary, practical, or economical to retain ownership of a certain ambulance as part of its fleet vehicles; and WHEREAS, the City wishes to donate a 2005 International 4300 Medtec Box Ambulance ("Vehicle") to NORTAF for use by MCAT pursuant to the terms and conditions contained in the Donation Agreement, attached as Exhibit 1, 121-0-18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: part hereof. SECTION 1: The above recitals are found as fact and made a SECTION 2: That, pursuant to Section 1-1 7-3(B) of the City Code of the City of Evanston, 2012, as amended, the City Council finds that the fleet vehicle described in Exhibit 1, attached hereto and incorporated herein, has an aggregate value in excess of one thousand five hundred dollars ($1,500.00). SECTION 3: Pursuant to Section 1-17-3(B), the City Council hereby authorizes and directs the City Manager to donate and convey evidence of ownership of the ambulance now owned by the City of Evanston to NORTAF. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: That if any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid application of this Ordinance is severable. SECTION 6: That this Ordinance 121-0-18 shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. -2- 121-0-18 Introduced:_D�Ice-Ynber 10 , 2018 Approved: Adopted: -5ayvaf J k 4 2019 ,�/� � l , 2019 J y tephen k Hag rty, Attest: Approved as to form: \ r Devon Reid, City Clerk Michelle L. Masoncup, Corporation Counsel -3- 121-0-18 EXHIBIT 1 DONATION AGREEMENT �4� CITY OF EVANSTON AND NORTAF MCAT VEHICLE DONATION AGREEMENT THIS AGREEMENT is entered into this day of , 2018 by and between the City of Evanston (hereinafter, "City"), an Illinois municipal corporation, 2100 Ridge Avenue, Evanston, Illinois 60201 and North Regional Major Crash Assistance Team (hereinafter, referred to as "NORTAF MCAT'). The City and the Donor will be collectively referred to herein as the "Parties." RECITALS WHEREAS, the City wishes to donate a 2005 International 4300 with Medtec Box Ambulance ("Vehicle") to NORTAF Major Crash Assistance Team pursuant to the terms and conditions contained herein; and WHEREAS, NORTAF wishes to accept full ownership of the Vehicle from the City for the use and benefit of NORTAF MCAT operations, which provides assistance in fatal or potentially fatal traffic crashes in 13 communities, including Evanston; and NOW, THEREFORE, the City and NORTAF MCAT, in consideration of the mutual covenants set forth below, hereby agree as follows; having first found the foregoing recitals as fact: AGREEMENT DONATION: Donor transfers all rights of ownership to the Vehicle listed on this Agreement below to NORTAF (the "Donation"). Donor will deliver the Vehicle to NORTAF free and clear of any liens, claims or other encumbrances of any type. Donor will furnish a signed, sworn and notarized Certificate of Title, attached hereto and incorporated herein as Exhibit "'I", to NORTAF certifying that the Donation is free of liens, claims, and other encumbrances. This Section will survive termination of this Agreement. Vehicle Year: 2005 Vehicle Make: International Vehicle Model: 4300 SBA LP Vehicle Color: Red Vehicle Identification Number ("VIN"): 1 HTMNAAMX5H162403 Vehicle Mileage: 90,518 Vehicle Value: $5,000 2. DONATION PURPOSE: Parties understand and agree that the Vehicle will be available for general use by NORTAF MCAT in accordance with NORTAF policies. Further, the Vehicle will be maintained as an asset of in accordance with NORTAF policies for as long as it will be reasonable to do so. 3. LIABILITY. The will bear the risk of loss of, or damage to, the Vehicle until the Vehicle is delivered to NORTAF. Upon acceptance of the Vehicle, NORTAF will bear the risk of loss of, or damage to, the Vehicle. NORTAF hereby releases the City of Evanston of all future liability and claims. NORTAF will indemnify the City for any claims arising out its use of the Vehicle filed by third parties. 4. SALE OF VEHICLE. Should NORTAF wish to sell, donate, or otherwise divest itself of the Vehicle, NORTAF may do so without restrictions. 5. NOTICE. Notices under this Agreement are to be in writing and directed to: City of Evanston: Attn: City Manager's Office 2100 Ridge Avenue Evanston, Illinois 60201 NORTAF: Attn: Skokie Police Chief 7300 Niles Center Road Skokie, Illinois 60077 With a copy to: Law Department City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 6. APPLICABLE LAW. The law of Illinois, including its conflicts of law provisions, shall apply to interpretation and enforcement of this Agreement. Venue shall be within Cook County, Illinois. The parties waive trial by jury. 7. SEVERABILITY. In the event any provision(s) of this Agreement are found by a court of competent jurisdiction to be in violation of applicable law, provision(s) unaffected thereby shall be in effect. 8. ENTIRE AGREEMENT. This document represents the entire Agreement between the City and Donor. Any and all prior agreements, undertakings written and oral, are hereby superseded. This Agreement, and the terms, provisions, promises, covenants and conditions herein, shall be binding upon and shall inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successors and assigns. IN WITNESS HEREOF, the Parties have caused this agreement to be executed and the Effective Date will be the date that the City executes the Agreement ("Effective Date"). NORTAF: City of Evanston: By: By: Print Name: Print Name: Date: Date: Exhibit 1 Certificate of Title , t, Pam _. F�TITLE F� HICLES VE t ,.�: ' j .•CER'fIFtCAT A" BQDY,ST . TITLE NO.':> s " 4cri'02 IDENTIFICATKaN NO . :; YEAR INTERNATIONAL 4000-SSERIES 4300,xtEGLR CAB X6006153022 'rHl NiIAAMXSH l$240;3 _ _..-. TEC MED M F; i � aj PURCtIASE'DATE': PURCHASED DATErISSUED ODOMETER .. a, CCM r09/26/O5'" ''�° >" , EW6106 ..w _. ... _ _.. , .. .,_ . ..,- ax......, ,. , r � „ ... ..•,yid, a. °x �OF T ITLE�' >. -x-• - - :MOBILE HOME §(�: FT','s *� `� i`'ORIGINAL' ll MAILING ADDRESS 1" CITY OF EVANSTON �1 x i 2020 ASBURY AVE EVANSTON IL 60201-1262 i i i i► 1i 1 f 1;1 t 1 1 i ti i li U • ° ��� �•� ''� lillillll l sell pill 1111111161111111111/lllll lili11111114111 loll 1 fi i i fib i6 R = : , FACTUAL MILEAGE `_ ' QWNEFi(S):NAMEkAND ADDRESS'a `CITY'OF'EVANST.ONi. ;" 2020ASBURY`AVE" r`;'.° [ �• ` :; 3 1 ON' .EVANSTILµ60201"-1262' f I :.k' t .:Jt _: :" ` - q�e , ' � "• •`�: N f '`.+t�►Y r`h ��' ; `+', < t:k• N ` Y�{."• �' NHD/DD'^RwE� SS:€.I,•tl.a ,�'x:�°qi I'' ' a• i.' ST LEOLDR NAMEAN'FIR,y; ,CIA aEy, w,F"I ti' 1� <' :SECOND LIENHOLDER.NAME AND:ADDRES$ ' - p r �,- � ;. - F e .Y •S cox, _'a�•, .�,�,J31 I LIEN # RELEASE OF stet. that &Ilan is reftiiif d end discharged t the vehicle dexrnied in this Cefiflcet. does n.reby y • , 4 : _ ,s �• ; - ,. , _.. ,, tibe "Il r Ot Uen ort Ar! D.... ✓.. IJtm1 .I .4, ;f, ; . " , . , er , ,� Slenatlrl or A7►fi1� v p'f,-.: ' _ H, ���yl� `�. `eFlrnt tieltl�•' ,. ..' a ."r.-�:s• a �� ', �. L..'i.: 'x'.»•- tea, ,L4p�Y, � "Y .�'», .a Ste. Sire Infblm Wn WOW 401cadon for Ikle and presented to the 8eaeten of Sfeta NF-W LIEN ASSIGNMENT'must be txt an Z, y - - . •" �..: ".: �.-`.«»:. t`_...:rir ` :.:°</tatenlera IItPy replil.�l.firm •KAW it{NifAlY1f11't• ri a • ` . t tx'ptwldlle d idle' �r in'oorrixtl'on'wsh ole'11en1ter d a+ri�ihW. Filuie Ea.o •, Fedenl.`alld Shte'eae f"10 los stall the mlbepe ASSIGNME�Ii;OF�it'TLE'_;-.I The lirlciereigned.herebji;ceANiea'that the.vehicie described in this'title'has-been transferredo the, !towin iinteil`name`and;address: '^ •$n ;:er , If this vehlcte is one 1 more than 6'comm rciai ..:"ttloertNy to the best of uV* knowledge that the"odometer<readinp la the actual mileage Of OhlCMG '�mits , no e following statements I8 �dth�vgda , w µ a p '1' The mileage stated.li 1n exeeas, ;vehkNiS owned py ms,G Aso a� Q "2, The odometer.reading te.nct the"a`t>tuat 1ilpeape '. ` ;, : , • Is not damaged in .uses oume is a o tleC WARNING -ODOMETER D19CREPANCY,' „ rkstvaWauM thladocume+nfseccomDanie? } �v w ••, lratlal,� !. i Slgnalurs(sj o(f Sellei(el s DATE Op 3lU F Y Printed N a) of.Se118K8). `, r aware-oi the above odometer celtiticatio"t made by salter." - '' '•w ; =` :"" y Printed Nitmfa • E+ r * - �4 SiOeeture(s) 0, Buyers) �tif'Illinoisa do hereby xYt'ata rdfll8'to��,'a:: . t I; Jesse White,' Secretary, of, State ofatha State pp 'bT... ''•' the', records`on,file withemy,Otrice,Flhe person. or•entityaoaine�i4Aereon,fa-•th ovuner�of,ihe� ... :4ehicte deacribeii hereon;; which is eubjeet to ftie above, nerried l^elis srid:.nounituaaees, it arry4: :. i ":HAVE .AFFIXED''' 'NY ';SIGNATURE, n IN a, WITNESS WHEREtlF: SPRItJGFIELD' �1 THE ;GREAT SEAL .OFd'THE STATE .OF='ILCINOIS,"AT �. Jj, t' '3V �. ,.� .�"_. <3 of State_ .;:.. av�CONTROL' NO: _ f .. '.' . , JESSE^WHITE.1 Secretary, g4� t '&•`'. r">x ir, ., '. _ t, - _ :gd, <-':' '-� "sue; tL" ..... "