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HomeMy WebLinkAboutC-2893K� I I00 - �_() C Z$q? MEMORANDUM OF UNDERSTANDING FOR THE TRANSFER OF BODY ARMOR PERSONAL PROTECTIVE EQUIPMENT BETWEEN THE THE CITY OF SAN MARINO AND THE CITY OF ARCADIA FIRE DEPARTMENT This Memorandum of Understanding ( "MOU ") is made and entered into this 19th day of July 2013 by and between the City of San Marino (hereafter "San Marino ") and the Arcadia Fire Department (hereafter "City "). RECITALS WHEREAS, the Department of Homeland Security Office of Grants and Training, with funding released through the California Emergency Management Agency (hereafter "CaIEMA ") has provided financial assistance to the Los Angeles -Long Beach Urban Area (LA -LB UA) through the 2010 State Homeland Security Grant Program ( SHSGP); and WHEREAS, such funding will address the equipment, training, planning, and exercise needs of large urban areas to assist in the building of an enhanced and sustainable capability to prevent, respond to, and recover from threats or acts of terrorism; and WHEREAS, from these funds, San Marino was granted personal protective equipment funding to provide body armor to Fire - discipline emergency responders throughout the LA -LB UA; and WHEREAS, the purpose of this MOU is to provide for the transfer of the number and type of body armor as itemized in Exhibit "A" attached hereto and incorporated herein by this reference (collectively, the "Body Armor "), funded through the 2010 SHSGP Grant, from San Marino to the City, which is a multi - discipline emergency responder within the LA -LB UA. NOW, THEREFORE, the parties do hereby agree as follows: TERMS AND CONDITIONS 1. San Marino shall fund the purchase of the Body Armor in accordance with the 2010 State Homeland Security Grant Program Guidance and Application Kit, the 2010 SHSGP Contract, and City of San Marino purchasing policies and procedures, to the extent that such funding is made available to San Marino by the Department of Homeland Security Office of Grants and Training, with funding released through the CaIEMA, for such purpose. 2. San Marino shall notify the City when the Body Armor is ready for transfer. San Marino will arrange for the Body Armor to be picked up from Santa Monica within seven (7) business days of notification by San Marino. San Marino will use the following City contact information: Kurt Norwood, Fire Chief City of Arcadia Arcadia Fire Department 710 S. Santa Anita Ave Arcadia, CA. 91006 626- 574 -5101 knorwood @ci.arcadia.ca.us 3. Upon the acceptance of the Body Armor by the City, San Marino shall transfer property possession of the Body Armor to the City, at which time the Body Armor shall become the sole property of the City. San Marino does not guarantee nor warranty the Body Armor. The Body Armor is transferred by San Marino and accepted by the City on an "as is" basis with no guarantee or warranty from San Marino. 4. The City shall ensure that the Body Armor shall be deployed with City personnel trained in the use of such equipment in a manner consistent with 2010 SHSGP Grant requirements. 5. Per 44 CFR, Part 13.32, the City shall ensure property records are maintained to include a description of the property, a serial number or other identification number, the acquisition date, the location, use and condition of the Body Armor, and any ultimate disposition data, including date of disposal. San Marino shall make contact with the City at least once every two (2) years to ensure a physical inventory of the Body Armor is taken and results reconciled with the property records. 6. The City shall indemnify, defend and hold harmless San Marino and its elected and appointed officers, employees, and agents from and against any and all liability, including but not limited to demands, claims, actions, fess, and costs and expenses (including attorney's and expert witness fees), arising from or connected with San Marino's acts and /or omissions arising from or relating to this MOU and /or arising from or relating to the use of the Body Armor transferred to the City pursuant to this MOU. In witness whereof, the parties have caused this MOU to be executed the day and year first above written. CITY OF SAN MARINO, a municipal corporation �4- John Qpaefer Date City Manager ATTEST: ViAtr -4 � Qun I-10 - i y Veronica Ruiz Date City Clerk APP VED AS TO FORM: r es Frawley Date Fire Chief CITY OF ARCADIA, a municipal corporation Dominic Lazzare Date City Manager 2�0 Ku Norwood Date Fire Chief