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herewith are hereby repealed.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.
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121-0-18
Introduced:_D�Ice-Ynber 10 , 2018 Approved:
Adopted: -5ayvaf J k 4 2019 ,�/� � l , 2019
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tephen k Hag rty,
Attest: Approved as to form:
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Devon Reid, City Clerk Michelle L. Masoncup, Corporation
Counsel
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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
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RELEASE OF stet. that &Ilan is reftiiif d end discharged
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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�
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SiOeeture(s) 0, Buyers)
�tif'Illinoisa do hereby xYt'ata rdfll8'to��,'a:: .
t I; Jesse White,' Secretary, of, State ofatha State pp
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''•' 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
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,.� .�"_. <3 of State_ .;:..
av�CONTROL' NO: _ f .. '.' . , JESSE^WHITE.1 Secretary, g4�
t '&•`'. r">x ir, ., '. _ t, - _ :gd, <-':' '-� "sue;
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