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Home My WebLink About23-Public Services e e e CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Ken Fischer, Director Dept: Public Services Date: March 2, 2007 Subject: Approve a resolution authorizing the City Manager to execute an Agreement between the City of Los Angeles and the City of San Bemardino for Los Angeles to loan four refuse collection vehicles to the City of San Bernardino for an additional period of six months. Meeting Date: March 19,2007 Synopsis of Previous Council Action: 9-18-2006 Resolution 2006-337 Approved Recommended Motion: Adopt Resolution hfi?~~ . Si ure Contact person: Ken Fischer, Director Supporting data attached: Staff Report, Agreement; Resolution FUNDING REQUIREMENTS: Council Notes: Phone: 5140 Ward: All Amount: $-0- Source: Finance: 3~ Agenda Item No. 13 e e e CITY OF SAN BERNARDINO- REQUEST FOR COUNCIL ACTION Staff Report Subject: Approve a 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 for a period of six months. Background: 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 entered into an Agreement with the City on September 18, 2006 to loan four automated trucks to San Bernardino for six months. That Agreement expired on February 28, 2007. The City of Los Angeles has agreed to loan the City of San Bernardino four trucks for an additional six- month period. The City of San Bernardino is required 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 enter into another six month agreement for the loan of four automated 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. Financial Impact: Fuel and maintenance costs will be absorbed in the existing operating budget. Recommendation: . Adopt resolution. . 1 2 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF 3 LOS ANGELES AND THE CITY OF SAN BERNARDINO FOR LOS ANGELES TO 4 LOAN FOUR REFUSE COLLECTION VEHICLES TO THE CITY OF SAN BERNARDINO FOR A PERIOD OF SIX MONTHS. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. 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 9 10 loan four refuse collection vehicles to the City of San Bernardino (copy attached as 11 Exhibit A and incorporated herein). 12 SECTION 2. The Resolution is rescinded if the Agreement is not executed by 13 the parties within sixty days after the passage of this Resolution. . 14 III . 15 16 , , , , , , 17 18 '" 19 20 21 , , , , , , , , I 22 "' 23 , , , 24 25 "' 26 , , , 27 28 Yeo. #..$ 3/ (1 /1) March 12, 2007 . e e 27 28 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF 2 LOS ANGELES AND THE CITY OF SAN BERNARDINO FOR LOS ANGELES TO 3 LOAN FOUR REFUSE COLLECTION VEHICLES TO THE CITY OF SAN BERNARDINO FOR A PERIOD OF SIX MONTHS. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 5 Mayor and Common Council of the City of San Bernardino at a 6 7 meeting thereof, held on the 8 following vote, to wit: 9 Council Members: day of , 2007, by the AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 BAXTER 12 BRINKLER 13 14 DERRY 15 16 17 18 19 20 21 22 23 24 25 26 KELLEY JOHNSON MCCAMMACK Rachel G. Clark, City Clerk The foregoing resolution ,2007. is hereby approved this day of Patrick J. Morris, Mayor City of San Bernardino Approved as to Form March 12, 2007 . . . 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: Mike Deleon, 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 March 1, 2007 and will terminate on August 31, 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 e 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 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 THE CITY OF SAN BERNARDINO BY: Alvin Y. Blain, City Purchasing Agent Department of General Services BY: Fred Wilson, City Manager City Manager's Office Date: Date: APPROVED AS TO FORM: APPROVED AS TO FORM: ROCKARD J. DELGADILLO, City Attorney . BY: JAMES F. PENMAN, City Attorney BY'~?~ ames F. Penman City Attorney DATE: Jx.-< /3 '2-0"7 , Bettina J. Schendel Deputy City Attorney DATE: