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Home My WebLink About2006-337 , , ,', ,,' 1 RESOLUTION NO. 2006-337 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF LOS 3 ANGELES AND THE CITY OF SAN BERNARDINO FOR LOS ANGELES TO LOAN FOUR REFUSE COLLECTION VEHICLES TO THE CITY OF SAN BERNARDINO 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION L The City Manager is hereby authorized to execute an Agreement between 7 8 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 This Resolution is rescinded if the Agreement is not executed by the parties within sixty days after the passage of this Resolution. 9 10 11 //1 12 //1 13 //1 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 F:\EMPENO\Resos\Resolution re City of LA \Resolution.wpd 1 '. . ,'. " 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF LOS 2 ANGELES AND THE CITY OF SAN BERNARDINO FOR LOS ANGELES TO LOAN FOUR REFUSE COLLECTION VEHICLES TO THE CITY OF SAN BERNARDINO 3 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 joint Common Council of the City of San Bernardino at a regular meeting thereof, held on the 18 tl:lay 7 of September , 2006, by the following vote, to wit: 8 9 COUNCIL MEMBERS: 10 ESTRADA 11 BAXTER 12 VACANT 13 DERRY 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 AYES NAYS ABSTAIN ABSENT ---1L ---1L ---1L ---1L ---1L ---1L ~~ h. ~ Ra I Clark, City Clerk 18 19 The foregoing Resolution is hereby approved this 19t1rlay ofSeptembe!;'2006. 20 21 22 .~~ ~K J. MOR1trs', Mayor 23 City of San Bernardino 24 Approved as to form: 25 JAMES F. PENMAN 26 City Attorney 27 28 :\EMPENO\Resos\Resolution re City of LA \Resolution.wpd 2 2006-337 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 2006-337 (l1IKt. T?€Lfp,) Contact Representative: LSFI"j Tags't:s, Equipment Superintendent Oepartment 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 Oepartment 300 North "0" Street, 4th Floor San Bernardino, CA 92418 (909) 384-7213 2.0 NOTICES TO THE PARTIES 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 The City will loan four (4) refuse collection Vehicles to San Bernardino in consideration of the agreement herein contained, 2006-337 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 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. ERNARDINO BY: v'----,. Alvin Y. Blain, ity Purchasing Agent Department General Services Date: tJ'1- Z 1/ eN.. BY: Fred City Date:.~l11btvt )/5) J[j)~ APPROVED AS TO FORM: APPROVED AS TO FORM: ROCKARD J. DELGADILLO, City Attorney BY: B{~v~"'--'.']O,JA'" Deputy City Attorney DATE: 1IU/fJ" JAMES F. PENMAN, City Attorney BY: .~~ James F. Penman City Attorney DA E: JS,.;Z.....t... (~ ~ct