The URL can be used to link to this page

Home My WebLink About2002-177 , RESOLUTION NO. 2002-177 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT TO ACCEPT 2 A VEHICLE DONATION FROM THE CITY OF FONTANA, 3 WHEREAS, the CITY OF SAN BERNARDINO has entered into a contract for services 4 to provide full service animal control to the CITY OF FONTANA; and, 5 WHEREAS, one component of that contract is to provide a license canvassing program 6 which requires the use of a vehicle; and, 7 WHEREAS, the CITY OF FONTANA possesses a vehicle and desires to donate that 8 vehicle to the CITY OF SAN BERNARDINO for use in the license canvassing program; and, 9 WHEREAS, the CITY OF SAN BERNARDINO desires to accept the donated vehicle; 10 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 11 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 12 SECTION 1. That the MAYOR of the CITY OF SAN BERNARDINO is hereby 13 authorized and directed to execute on behalf of the CITY OF SAN BERNARDINO a certain 14 agreement between the CITY OF SAN BERNARDINO and the CITY OF FONTANA, a copy of 15 which is attached hereto and incorporated herein by reference entitled "Vehicle Donation 16 Agreement Between the City of Fontana and the City of San Bernardino" . 17 SECTION 2. The authorization to execute the above-referenced agreement is rescinded 18 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this 19 Resolution. 20 /II 21 /II 22 /II 23 /II 24 /II 25 /II 26 /II 27 /II 28 /II 5MB/cj[VehdFon.res] 1 2002-177 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT TO ACCEPT A VEHICLE DONATION FROM THE CITY OF FONTANA. I 2 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 3 Common Council of the City of San Bernardino at a j t. regular meeting thereof, held on the , 2002, by the following vote, to wit: 4 ~ day of July 5 6 COUNCIL MEMBERS: 7 ESTRADA 8 LIEN 9 MCGINNIS 10 DERRY II SUAREZ 12 ANDERSON 13 MCCAMMACK AYES NAYS ABSTAIN ABSENT x ~ x x x x x 14 ~ e)w) .JJ CPa1L RACHEL G. CLARK ~ Jd~d~~Pt;;'tV) ~tr. 18 The foregoing Resolution is hereby approved thiS ''; rei day of July ,2002. cJ 15 16 17 19 20 21 , ayor i y of San Bernardino 22 Approved as to form and legal content: 23 24 JAMES F. PENMAN, 25 City Attorney 26 27 BY:.h^lc' :; 28 ) J"' (" l L,'"\,"~_~_ 5MB/cj[VehdFon.res] 2 2002-177 Vehicle Donation Agreement Between the City of Fontana and the City of San Bernardino This Vehicle Donation Agreement ("Agreement") is entered into this day 1 st of July, 2002 between the City of Fontana ("Fontana"), a California municipal corporation, and the City of San Bernardino ("San Bernardino"), a California municipal corporation. Fontana and San Bernardino are herein referred to individually as a "Party" and collectively as the "Parties." RECITALS A. On February I, 2002, Fontana and San Bernardino entered into an Animal Control Services Agreement whereby San Bernardino agreed to conduct a citywide Animal Care and Control Program ("Program") for Fontana pursuant to the terms and conditions as set forth in the Animal Control Services Agreement. B. Fontana owns a vehicle ("Vehicle") as particularly described in "Exhibit A" attached hereto and which by this reference is made a part hereof. C. Fontana now desires to donate the Vehicle and San Bernardino desires to accept the Vehicle to use such Vehicle for the Program. D. In exchange for Fontana's donation of the Vehicle, Fontana desires for San Bernardino to assume all responsibility for operation and maintenance of the Vehicle and for San Bernardino to assume all liability arising from San Bernardino's use of the Vehicle. NOW, THEREFORE, the Parties agree as follows: TERMS 1.0 accept from Agreement. Donation of Vehicle. Fontana agrees to donate to San Bernardino and San Bernardino agrees to Fontana the Vehicle in accordance with the conditions, requirements, and terms set forth in this 2.0 Acceptance of Vehicle "AS IS." San Bernardino acknowledges that it has had ample opportunity to fully inspect and examine to its satisfaction all aspects of the Vehicle. On the basis of such opportunity, San Bernardino represents and warrants to Fontana that, (1) San Bernardino is relying solely on San Bernardino's own investigation of the Vehicle and review of such information and documentation, whether provided by Fontana or third Parties, in determining whether or not to accept the donation of the Vehicle, that (2) Fontana makes no representations as to the accuracy or completeness of such information, and Fontana does not make any representations or warranties of any kind whatsoever, either express or implied, with respect to the Vehicle, and (3) that the Vehicle is being donated to San Bernardino in an "AS IS" condition. In this regard, San Bernardino also acknowledges that it is knowledgeable about the effect and impact of an "AS IS" clause. as set forth in this Section. 3.0 Use of the Vehicle. San Bernardino shall use the Vehicle for the sole purpose of conducting the Program pursuant to the Animal Control Services Agreement until it naturally expires or is terminated. Upon either the natural expiration or termination of the Program, San Bernardino shall retain ownership and control of that Vehicle and shall use it in any way San Bernardino sees fit. 4.0 Maintenance of the Vehicle. San Bernardino shall maintain, or cause to be maintained, the RVPUB\A YC\633500 2002-177 mechanical, safety and exterior features of the Vehicle in a good and operable condition and repair, ordinary wear and tear excepted, and shall promptly remove, or cause the removal of, all graffiti placed upon the Vehicle. The maintenance required of San Bernardino by this paragraph shall be at San Bernardino's sole cost, expense and liability. San Bernardino shall make all alterations, additions, or repairs to the Vehicle that may be required by any valid law, ordinance, statute, order, or regulation now or hereafter made or issued by any federal, state, county, local, or other governmental agency or entity, at San Bernardino's sole cost, expense and liability. San Bernardino shall comply with all Federal, State and local laws, regulations, ordinances and rules in using the Vehicle and otherwise exercising its rights under this Agreement. 5.0 Indemnification/Hold Harmless. Upon Fontana's delivery of the Vehicle to San Bernardino and San Bernardino's acceptance of the Vehicle from Fontana for the purpose specified herein, San Bernardino shall defend, indemnify, and hold harmless Fontana, its officials, officers, employees, agents, and volunteers from any and all actual or alleged claims, demands, causes of action, liability, loss, damage, or injury, to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental body or agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of San Bernardino, its personnel, employees, agents, contractors, or volunteers in connection with or arising out of San Bernardino's use of the Vehicle. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys fees, and related costs or expenses, and the reimbursement of Fontana, its officials, officers, employees, agents, or volunteers for all legal expenses and costs incurred by each of them in connection with or arising out of San Bernardino's use of the Vehicle only. San Bernardino's obligation shall not be restricted to insurance proceeds, if any, received by Fontana, its officials, officers, employees, agents, or volunteers. 6.0 No Third Party Beneficiaries. This Agreement is for the sole and exclusive benefit of Fontana and San Bernardino. No person or entity not a Party to this Agreement shall be third party beneficiary to this Agreement, and nothing herein shall confer any enforceable rights on non-signatory person or entity. 7.0 Counterpart Originals. This Agreement may be executed in two (2) counterpart originals, each of which shall be deemed to be an original, but, when taken together, shall constitute one and the same instrument. 8.0 Remedies for Breach. Unless otherwise prohibited by law, the Parties shall have the right to seek all available legal and equitable remedies to enforce the terms of this Agreement. 9.0 Further Actions. The Parties agree to execute all instruments and documents and to take all actions as may be required in order to consummate the transactions contemplated by this Agreement. 10.0 Entire Agreement. This Agreement contains the entire agreement between the Parties concerning the subject matter of this Agreement and supersedes any prior agreements, understandings or negotiations (whether oral or written). No addition or modification of any term or provision hereof shall be effective unless set forth in writing and signed by the Parties. 11.0 Authority to Execute. Each Party warrants that the individual(s) signing this Agreement has the legal power, right, and authority make this Agreement and bind each respective Party. 12.0 Governing Law, This Agreement shall be governed by and construed in accordance with the laws of the State of California, with venue being in the County of San Bernardino, State of California. 13.0 Attorney's Fees, In the event any legal proceeding is instituted to enforce any tenn or provision of this Agreement, the prevailing Party in said legal proceeding shall be entitled to recover attorney's fees and costs from the opposing Party in an amount detennined by the court to be reasonable. The costs, salary, and expenses of any in-house counsel and/or City Attorney and members of his or her office in enforcing this Agreement shall be RVPUB\A Yc\633500 2002-177 considered as "attorney fees" for the purpose of this paragraph. 14.0 Failure to Strictly Enforce Not a Waiver. Failure by any Party to this Agreement to insist upon the strict performance of any provision of the Agreement or at anyone or more times shall not be deemed to constitute a waiver of that Party's right to insist upon strict performance of that or any other provision of this Agreement on future occasions. No alleged waiver of any right afforded to any Party under this Agreement shall be effective unless in writing. 15.0 Determination of Public Benefit. By its entry into this Agreement, Fontana has determined that the donation of the Vehicle as set forth in this Agreement is in the best interest of the health, safety and welfare of Fontana's residents. Fontana has determined that donating the Vehicle to San Bernardino will provide a significant public benefit to Fontana by assisting San Bernardino in conducting the Program pursuant to the Animal Control Services Agreement. IN WITNESS WHEREOF, this Agreement has been executed by and on behalf of the Parties as of the date first written above. THE CITY OF FONT ANA, a California municipal c rporation <~ Kenneth Hunt City Manager Attest: ) _ ( 1../ (\__ By: cl t11cC,<~ ~, City Clerk .0 ~ Approved as to Legal Form: By: RVPUB\AYC\633500 THE CITY OF SAN BERNARDINO, a California muntci a1 corporation c' ( L[~. By: \.. Attest: By: ~~JuL C,~ {)JLb h6 Y{),y>~r:~~d.i>cJ, 'bt~ Approved as to Legal Form: 7.~ James F. Penman City Attorney Year. Make: Model. CA License Number: VIN Number: RVPUB\A YC\633500 2002-177 EXHIBIT A DESCRIPTION OF THE VEHICLE 1997 Chevrolet Cavalier 1005034 (Exempt) 1 G 1 JF5240V7212517