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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: CITY ATTORNEY
Subject: RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF LOS ANGELES AND THE
CITY OF SAN BERNARDINO FOR LOS ANGELES
TO LOAN FOUR REFUSE COLLECTION VEHICLES
TO THE CITY OF SAN BERNARDINO.
From: JAMES F. PENMAN
City Attorney
Date: September 13, 2006
Synopsis of Previous Council Action:
None.
Recommended motion:
Adopt Resolution:
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es F. Penman, City Attorney
Contact person: Henrv EmDeno. Jr.
Phone:
5355
Supporting data attached: Staff ReDort
Ward:
All
FUNDING REQUIREMENTS: Amount:
Source:
Council Notes: ReSD, JDOb- 331
Finance:
Agenda Item No. 2../ A
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8T AFF REPORT
Council Meeting Date of: September 18, 2006
TO:
Mayor and Common Council
FROM:
James F. Penman, City Attorney
DATE:
September 13, 2006
AGENDAITEM:
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT BETWEEN THE CITY OF LOS ANGELES AND
THE CITY OF SAN BERNARDINO FOR LOS ANGELES TO LOAN
FOUR REFUSE COLLECTION VEHICLES TO THE CITY OF SAN
BERNARDINO.
Attached to this Staff Report is a memorandum from Ken Fischer, Director of
Public Services describing the City's need for additional refuse collection vehicles
and the City of Los Angeles' offer to loan four such vehicles to the City of San
Bernardino.
Attached also is the Resolution and the Agreement drafted by the City of Los
Angeles, whereby Los Angeles agrees to loan these vehicles at no cost until
February 28,2007, at which time Los Angeles, at its sole discretion, may extend the
time for six additional months. In return for the loan of these vehicles, the City of
San Bernardino agrees to maintain and repair the vehicles and defend, indemnify
F:\EMPENO\Resos\Resolution re City of LA\Staff Report re City of LA.wpd
and hold the City of Los Angeles harmless from any liability, claims or lawsuits for
property damage, personal injury or death arising from or connected with the City
of San Bernardino's use or maintenance of the vehicles. Under this Agreement, if
any traffic accident occurs which is caused by a manufacturing defect or any
preexisting condition of the vehicle, the City of San Bernardino could not sue the
City of Los Angeles, but must defend and indemnify the City of Los Angeles if Los
Angeles is named in any such lawsuit. The City of Los Angeles has refused to agree
to mutual indemnification in this Agreement because they are providing these
vehicles to the City of San Bernardino at no cost.
Under the circumstances, given the City's need for these refuse collection
vehicles, we recommend that the Mayor and Common Council adopt the Resolution
and approve the Agreement. The Public Services Department should perform a
thorough check and repair of the vehicles before using them for refuse collection.
If any of the vehicles are in such a state of disrepair that it would be too costly to
repair them, then those vehicles should be returned to the City of Los Angeles.
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I
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CITY OF SAN BERNARDINO
OFFICE OF THE PUBLIC SERVICES DIRECTOR
INTER-OFFICE MEMORANDUM
TO: . Mayor and City Council
FRoMt~en Fischer, Public Services Director
DATE: JtI September 12, 2006
SUBJECT: Loan of Equipment from the City of Los Angeles
COPIES:
City Manager
The City Council has recognized the need to acquire new automated refuse
equipment by approving the acquisition of 13 new automated trucks. When this
equipment arrives it will improve the overall reliability of our fleet and our ability to
meet the daily need for automated trucks to provide service to the residents of
San Bernardino.
We have 37 automated trucks in the fleet. We need 28 automated trucks to fill all
our routes each day, which leaves us with 9 spare units. Of these 9 spares, 7
are over 11 years old and require continual maintenance sometimes more than
once a day to keep them on the road. The margin for error is very thin with the
current equipment.
Staff has searched for a way to improve our ability to keep 28 trucks on the street
each day until our new equipment arrives. We have sought assistance from
other agencies. The City of Los Angeles has told us they are willing to loan 4
automated trucks to San Bernardino for 6 months. We would have to maintain
the vehicles and return them in operating condition at the end of the loan
agreement, but there would be no cost for the equipment.
If the Council agrees to allow us to borrow the 4 trucks from Los Angeles, then
we would have each unit inspected by certified equipment mechanics to verify
the current state of the equipment and ensure the ability of the units to operate in
accordance with the laws governing commercial vehicle operation in the State of
California before we accept them for use.
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RESOLUTIO,," NO.
RESOLUTION OF THE MAYOR A1\"D COMMON COUNCIL AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMEI'IT BETWEEN THE CITY OF LOS
ANGELES AND THE CITY OF SAN BERNARDINO FOR LOS ANGELES TO LOA1\" FOCR
REFUSE COLLECTION VEHICLES TO THE CITY OF SAN BERNARDINO
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERI'lARDINO AS FOLLOWS:
SECTION I. The City Manager is hereby authorized to execute an Agreement between
the City of Los Angeles and the City of San Bernardino for Los Angeles to loan four refuse collection
vehicles to the City of San Bernardino (copy attached as Exhibit A and incorporated herein).
SECTION 2. This Resolution is rescinded if the Agreement is not executed by the parties
within sixty days after the passage of this Resolution.
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RESOLUTlOl'l OF THE MAYOR Al'lD COMJ\lOl'l COUNCIL AUTHORIZI~G THE
CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF LOS
ANGELES Al'lD THE CITY OF SAN BERNARDINO FOR LOS ANGELES TO LOAN FOCR
REFUSE COLLECTION VEHICLES TO THE CITY OF SAl'l BER..l'lARDIl'lO
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held on the _day
of
, 2006, by the following vote, to wit:
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9 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
10 ESTRADA
11 BAXTER
12 VACANT
13 DERRY
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15 JOHNSON
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Rachel Clark, City Clerk
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The foregoing Resolution is hereby approved this _ day of
,2006.
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PATRICK J. MORRIS, Mayor
City of San Bernardino
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Approved as to form:
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JAMES F. PENMAN
City Attorney
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EXHIBIT "A"
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AGREEMENT NO. GSD - L04
BETWEEN
THE CITY OF LOS ANGELES AND
THE CITY OF SAN BERNARDINO
This Agreement is made and entered into by and between the City of Los
Angeles, a municipal corporation acting through its Department of General
Services, hereinafter to as the "City", and the City of San Bernardino, thereinafter
referred to as "San Bernardino", and is set forth as follows:
WITNESSETH
WHEREAS, City has surplus refuse collection Vehicles (Vehicles) available; and
Whereas, San Bernardino has requested the loan of Vehicles from the
City; and
Whereas, San Bernardino has agreed, as consideration for the loan of
said Vehicles, to maintain and repair said Vehicles; to defend, indemnify,
and hold harmless the City from any claims or lawsuits arising from
injuries to persons or property stemming from San Bernardino's use or
maintenance of the Vehicles; and to indemnify the City for the loss of said
Vehicles up to the Fair Market Value (at the time the loan is originally
made) of the Vehicles; and
Whereas, City, through its Purchasing Agent, has agreed to loan said
Vehicles to San Bernardino.
NOW, THEREFORE, the parties agree as follows:
1.0 PARTIES TO THE AGREMENT
The parties to this Agreement and their representatives to whom formal
notices, demands and communications will be given are:
a. The City of Los Angeles, a municipal corporation, having its
principal office at 200 N. Spring Street, Los Angeles, CA 90012
Authorizing Representative:
Alvin Y. Blain, City Purchasing Agent
Department of General Services
111 E. First Street, Suite 701
Los Angeles, CA 90012
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Contact Representative: Larry Tagawa, Equipment Superintendent
Department of General Services
2513 E. 24th Street
Los Angeles, CA 90058
(213) 485-4985
b.
The City of San Bernardino, having its principal address at 300
North "0" Street, San Bernardino, California 92418.
Authoring Representative:
Fred Wilson, City Manager
City Manager's Office
300 North "0" Street, 6th Floor
San Bernardino, CA 92418
Contact Representative: Rudy Umana, Solid Waste Manager
Public Services Department
300 North "0" Street 4th Floor
,
San Bernardino, CA 92418
(909) 384-7213
2.0 NOTICES TO THE PARTIES
e Formal notice, demands and communications to be given hereunder by
either party must be made in writing and may be effected by personal
delivery or by registered or certified mail, postage prepaid, return receipt
requested and will be deemed communicated as of the date of mailing.
If the name of the person designated to receive the notices, demands or
communications or the address of such person is changed, written notice
will be given in accordance with this Section, within five (5) working days
of said change.
3.0 TERM OF AGREEMENT
The term of this Agreement shall begin on August 28, 2006 and will
terminate on February 28, 2007, unless terminated as provided under
Section 5. The City, at its sole discretion, has the option to extend the term
of the Agreement for six (6) additional months on the same terms and
conditions.
.
4.0
VEHICLES TO BE PROVIDED ON LOAN
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The City will loan four (4) refuse collection Vehicles to San Bernardino in
consideration of the agreement herein contained.
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5.0 TERMINATION
The City may terminate this Agreement, or any part thereof, for its
convenience, upon giving San Bernardino thirty (30) calendar days written
notice prior to the effective date of such termination.
6.0 INDEMNITY
San Bernardino shall indemnify, defend, and hold harmless City and its
officers, directors, employees, and agents from and against any and all
liability, expense (including, but not limited to, defense costs and
attorney's' fees), claims, causes of action and lawsuits for damages of any
nature whatsoever including, but not limited to, bodily injury, death,
personal injury or property damage (including property of San Bernardino)
arising from or connected with any alleged act and/or omission of San
Bernardino, its officers, directors, employees, agents, subcontractors or
suppliers related to San Bernardino's use or maintenance of the Vehicles,
and to indemnify the City for the loss of said Vehicles up to the Fair Market
Value (at the time the loan is originally made) of the Vehicles. This
indemnity shall survive termination of this Agreement.
7.0 AGREEMENTS
e Any change in the terms of this Agreement must be incorporated into this
Agreement by a written amendment properly executed and signed by the
persons authorized to bind the parties hereto.
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be
executed by their respective duly authorized representatives.
THE CITY OF LOS ANGELES
BY:
Alvin Y. Blain, City Purchasing Agent
Department of General Services
Date:
Date:
APPROVED AS TO FORM:
APPROVED AS TO FORM:
ROCKARD J. DELGADILLO, City Attorney
BY:
JAMES F. PENMAN, City Attorney
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BY:
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Bettina J. Schendel
Deputy City Attorney
DATE:
James F. Penman
, City Attorney
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