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Home My WebLink About1997-041 . - RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN 3 BERNARDINO AND THE CITY OF LOS ANGELES FOR THE LOAN OF ONE TILLERED AERIAL LADDER FIRE TRUCK. 97-41 4 5 WHEREAS, the City of San Bernardino desires to have repairs made to its Tillered Aerial 6 Ladder Fire Truck; 7 WHEREAS, the City of San Bernardino Fire Department will have only one (I) ladder 8 truck in operation for the duration of these repairs; and, 9 WHEREAS, the City ofL05 Angeles has available a Tillered Aerial Ladder Fire Truck 10 which it is willing to loan to the City of San Bernardino on certain terms and conditions, II BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 12 SAN BERNARDINO AS FOLLOWS: 13 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized to execute, 14 on behalf of the City of San Bernardino, the proposed Agreement (or a similar Agreement) with the 15 City of Los Angeles for the loan of one (I) Tillered Aerial Ladder Fire Truck_ The proposed 16 Agreement is attached hereto as Exhibit "A" and incorporated herein by reference as though fully set 17 forth at length, 18 SECTION 4. The authorization to execute the above-referenced Agreement is rescinded 19 if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this 20 Resolution, 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III 97-41 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT BETWEEN THE CITY OF SAN 2 BERNARDINO AND THE CITY OF LOS ANGELES FOR THE LOAN OF ONE TILLERED AERIAL LADDER FIRE TRUCK. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on 6 the 3rd day of 7 8 Council Members: 9 NEGRETE 10 CURLIN II ARIAS 12 OBERHELMAN 13 DEVLIN 14 ANDERSON 15 MILLER 16 17 18 February , 1997, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT x x x x x x x ~~ Rac I Clark, City Clerk 19 20 21 The foregoing Resolution is hereby approved this '(Ii day of February ,1997_ 22 ~~ om Minor, Mayor City of San Bernardino Approved as to form 23 and legal content: 24 JAMES F_ PENMAN, City Attorney 25 26 By:L"9. I~ (/ 27 28 2 FEE 03 '97 i"::: :, 3Sf'M ~HF:l PLF/'j~H '1G SECT. P.l 97-41 LOS AIIGIlLES _ DIlPARTJlEIIT WILLIAM R. BAMATl'RE CtofllJll' KNCJINIM AND G~N."AL NANAa:11iI LOS AJI~rVS CIft I'ID DUARDII5'IT PLADIm -ctlOB .~ ~..~..Tn. ~KaL FROM: Captain .1Aff Ma.r~n!1 (l'Ial'lle) DATE: 'eb. 3. 1997 1'10. OF PAGES (Including This Page): B TO: S~n Bernardino 1ire Department FAX 1'10.: 909-384 -5281 ATTENTION: Chief Dickerson COMME~TS: As Der our conversation It you have any questions regarding this fax. eall (213) 485-6034. Hard Copy Mailed: ,,1<"1'1!;T,,-.) ~ "~m~-'''''' c:.... -".. ~ :;/iN' .~ Ji ~ .~, ..';. - --..,.-"', ',,-:, 'UI\'~~'II."'f~'j .,1\ ~~ . A ~ "'~l,z~'11:..><i } "" , \,.. , . !J.~I" ~:...- . '}~ t.,::c.:"HI(I\';'~~~ <i/~T.J"''''\-C''' LOS AlfGELES CITY FlU DZPARToL'UU'IJ." - PL.\mIIlIG SECT lOR 200 North Main Street. Room 1010, Lei Angeles, CA 90012, U.S.A. Telephone 110.: (213) 485-6034 FIX Ro.: (213) 485-9884 97-41 AGREEMENT BETWEEN THE CZTY OF LOS ANGELES AND THE CZTY OF SAN BERNARDZNO FOR THE LOAN OF ONE TZLLERED AERZAL LADDER FZRE TRUCK This Agreement is made by and entered into between the CITY OF LOS ANGELES, a municipal corporation (hereinafter referred to as "CITY"), acting by and through the Los Angeles City Fire Department (hereinafter referred to as "LAFD") and the City of San Bernardino (hereinafter referred to as "SAN BERNARDINO"), with reference to the following facts: A, SAN BERNARDINO desires to have repairs made to its Tillered Aerial Ladder Fire Truck (the SAN BERNARDINO Truck") and requires the use of a similar fire truck while such repairs are performed. B. CITY has available a Tillered Aerial Ladder Fire Truck (the "LAFD Truck") which it is willing to loan to SAN BERNARDINO on the terms and conditions stated herein. NOW, THEREFORE, in consideration of the above premises and the terms, covenants, and agreements set forth herein, the parties hereby promise, covenant, represent, and agree as follows: SECTZON 1. SAN BERNARDINO OBLIGATIONS. a) within two (2) days following the execution of this Agreement, SAN BERNARDINO agrees to provide the dates to LAFD during which SAN BERNARDINO will need the use of the LAFD Truck. 97-41 b) SAN BERNARDINO shall pick up and take delivery of the LAFD Truck from the LAFD at the convenience and direction of the LAFD. c) In the event of an operational emergency experienced by LAFD which necessitates the use of the LAFD Truck, CITY shall notify SAN BERNARDINO of such emergency and SAN BERNARDINO shall immediately make arrangements for the LAFD Truck to be returned to LAFD. LAFD will notify SAN BERNARDINO after such emergency is abated and arrange for re-delivery of the LAFD Truck to SAN BERNARDINO. d) SAN BERNARDINO shall return the LAFD Truck in the same condition as it existed prior to its delivery to SAN BERNARDINO, normal wear and tear excepted, e) Upon execution of this Agreement, SAN BERNARDINO shall furnish to CITY evidence of insurance coverage (or self- insurance) of the types and in the amounts specified below, LIABILITY COVERAGE - Bodily Injury (including passengers) and/or Property Damage arising out of SAN BERNARDINO'S possession, maintenance, use, or operation of the LAFD Truck pursuant to this Agreement. Said coverage shall not be less than Five Million Dollars ($5,000,000), - 2 - 97-41 f) Liability insurance policies required hereunder shall name the CITY as an additional insured. Evidence of such insurance shall be provided on forms provided by CITY and shall be filed with the Office of the City Attorney of the CITY for its review in accordance with Los Angeles Administrative Code sections 11,47 through 11.56. Such policies shall not be subject to cancellation upon less than 30 days' prior written notice to the office of the CITY'S City Attorney. Said insurance policies shall conform to CITY'S requirements established by its Charter, ordinance, or policy. In the alternative, and in lieu of providing such liability policies, SAN BERNARDINO shall provide a certificate or letter evidencing a program of self-insurance. Such evidence must be approved by CITY'S Risk Manager and city Attorney. SECTION 2. INDEMNIFICATION. a) SAN BERNARDINO shall indemnify and hold harmless the CITY from all liability, loss, damages, costs, and expenses, including reasonable attorney's fees, relative to death, injury, or damage to property caused, or claimed to have been caused, by the negligent acts or omissions of SAN BERNARDINO, its officers, agents, or employees in their use, operation, repair, or maintenance of the LAFD Truck. b) SAN BERNARDINO shall also indemnify, defend, and hold harmless CITY from all liability, loss, damages, costs, - 3 - 97-41 and expenses, including reasonable attorney's fees, arising from the condition of the LAFD Truck, including, without limitation, any defects in design or workership, and any negligence in the maintenance and care of the LAFD Truck by CITY or its employees, agents, and contractors. SECTION 3. TERM. The term of this Agreement shall commence upon execution hereof by both parties and terminate two (2) months thereafter, unless terminated earlier as provided hereafter. This Agreement shall automatically terminate if SAN BERNARDINO returns the LAFD Truck to City prior to expiration of the two-month (2) term. Either party may terminate this Agreement upon thirty (30) days' prior written notice to the other party. SECTION 4. AUTHORIZED REPRESENTATIVES. a) CITY Representative CITY hereby appoints william R. Bamattre, Chief Engineer and General Manager or, in his absence, the acting Chief Engineer, to represent CITY with respect to amendments or other matters connected with this Agreement provided, however, that any matters, including amendments which have a cost or financial impact to CITY not provided for in LAFD'S budget shall be presented to the CITY'S City Council for its consideration and approval, - 4 - 97-41 b) SAN BERNARDINO Representative SAN BERNARDINO hereby appoints Daniel E. Dickerson, Acting Fire Chief or, in his absence, his designee, to represent SAN BERNARDINO with respect to amendments or other matters connected with this Agreement provided, however, that any matters, including amendments which have a cost or financial impact to SAN BERNARDINO not provided for in SAN BERNARDINO'S budget shall be presented to SAN BERNARDINO'S City Council for its consideration and approval. SECTION s. COMMUNICATION AND NOTICES. Except as otherwise provided herein, the following addresses shall serve as the places where communications between the parties shall be sent: CITY'S Address: city of Los Angeles Department of Fire 200 North Main Street Los Angeles, CA 90012 Attention: William R. Bamattre, Chief Engineer and General Manager SAN BERNARDINO'S Address: City of San Bernardino Department of Fire 200 East Third Street San Bernardino, CA 92410 Attention: Daniel E. Dickerson, Acting Fire Chief SECTION 6. APPLICABLE LAW. The parties hereto shall comply with the applicable laws of the united States of America, the State of California, and all other applicable laws. - 5 - 97-41 This Agreement shall be enforced and interpreted under the laws of the state of California. SECTION 7. AMEIilDMEIilTS. All amendments hereto shall be in writing and signed by the persons who have signed this Agreement on behalf of the parties, or by such other person who is authorized by the respective parties to bind them hereto. - 6 - 97-41 SBCTI:OII 8. I:Il'TBGRATBD AGRBBMEIl'T. This Agreement sets forth all rights and duties of the parties with respect to the matter hereof, and replaces any and all previous agreements or understandings, whether written or oral relating thereto, This Agreement may be amended only as provided for in Paragraph 7 hereof. CI:TY OF SAN BERNARDINO Dated ;~/c'lg, B~~-)/l44~ OM MINOR, Mayor ATTEST: c.tAJ~ C:Lty Clerk APPROVED AS TO FORM AND LEGAL CONTENT: JAMES F, PENMAN, City Attorney A /} By ~~ 7 j{:,'0Y-<... (/ Dated CITY OF LOS ANGELES By d~e~ WILLIAM R, BAMATTRE, Ch:Lef Engineer and General Manager APPROVED AS TO FORM AND LEGALITY JAMES K. HAHN, city Attorney By ~~ TH .1. THEIS Assistant City Attorney l1S.jam 2/3/97 - 7 -