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HomeMy WebLinkAbout21A-City Attorney , 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: ~,~ 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 9 II J'/(j~ F:\EMPENO\Resos\Resolution re City ofLA\RCC re City ofLA.wpd 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. F:\EMPENO\Resos\Resolution re City ofLA\StatTReport re City ofLA.wpd I L 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. e 1 2 3 4 5 6 7 8 9 10 e 11 //1 12 /1/ 13 //1 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e CC(Q)~1f 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. F:\EMPENO'Resos'Rcsolution rc City ofLA\Rcsolulionwpd 1 e 1 " 3 4 5 6 7 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: 8 9 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 BAXTER 12 VACANT 13 DERRY e 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 e 28 18 Rachel Clark, City Clerk 19 The foregoing Resolution is hereby approved this _ day of ,2006. 20 21 22 23 PATRICK J. MORRIS, Mayor City of San Bernardino 24 Approved as to form: 25 26 JAMES F. PENMAN City Attorney 27 .~ jl /~~.- ,~, - :\EMPENQ',Resos\ResoJulion re City of LA \Resolution.wpd 2 e EXHIBIT "A" e e e e e 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 e 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 e The City will loan four (4) refuse collection Vehicles to San Bernardino in consideration of the agreement herein contained. e 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 .~ BY: e Bettina J. Schendel Deputy City Attorney DATE: James F. Penman , City Attorney DA E: ~IA-t.... r>; ./...<>r~