Resolution No. 4548
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RESOLUTION NO. 4548
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON APPROVING THE EXECUTION
OF A CONTRACT BETWEEN THE CITY OF VERNON
AND THE COUNTY OF LOS ANGELES PROVIDING
FOR THE ASSUMPTION OF LIABILITY IN RE-
LATION TO THOSE SERVICES THE CITY
CONTRACTS FOR FROM THE COUNTY OF
LOS ANGELES
WHEREAS, the City Council of the City of Vernon has
previously entered into contracts with the County of Los Angeles
to provide for certain services on a contract basis; and
WHEREAS, the Board of Supervisors has approved self-
insurance for County liability involved in the provision of
certain services to cities by contract; and
WHEREAS, on December 27, 1977, the Board of Supervisors
approved the termination of the original "Assumption of Liability
Amendment" as of March 14, 1978; and
WHEREAS, the County of Los Angeles has submitted a
proposed Assumption of Liability Agreement which was developed
in cooperation with the representatives of the League of Calif-
ornia Cities, Los Angeles County Division, Independent Cities
of Los Angeles County, and the California Contract Cities Assoc-
iation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VERNON
RESOLVES AS FOLLOWS:
SECTION 1:
That the City Council of the City of Verno
does hereby determine that the recitals contained hereinabove are
hereby found and determined to be true and factual.
SECTION 2:
That the City Council of the City of Verno
does hereby approve the Assumption of Liability Agreement and
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1 authorize the Mayor to execute said agreement for and on behalf
2 of the City Council.
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SECTION 3:
That the City Clerk of the City of Vernon
shall certify to the passage of this Resolution and thereupon and
thereafter the same shall be in full force and effect.
PASSED, APPROVED AND ADOPTED this 7th day of March,
1978.
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ATTEST:
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BRUCE V. MALKENHORST
City Clerk
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1 STATE OF CALIFORNIA
2 COUNTY OF LOS ANGELES
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I, BRUCE V. MALKENHORST, City Clerk of the City of
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5 Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No.
4548 , was duly adopted by the City Council
7 of the City of Vernon, and was approved by the Mayor of said
S City at a regular meeting of the' City Council held on
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March 7,
, 1978.
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ASSUMPTION O!_LIABf~ITY AGREEMENT
THIS AGREEMENT; ~ated for reference purposes only, on
4 the 14th day of November. 1977, is made and entered into between
5 the County ot Los Angeles, sometimes hereinafter ~ef~rred to as
6 the "County, ~ and t:he City of Vernon sometiT.les her.einafter
7 referred to as the -"City. '1r -~
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~tALS
(a)
City and County have he~etofore contracted for the
11 performance of services by County, it.s officers, agents and
12 employees, and will in the future extend, renew. and amend such
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13 contracts, and enter into other ~nd further contracts for the
14 performance .of services; and
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(b)
Such contracts are agreements defined under S895
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16 of the GOvernmen'~ Code, and purSlJant to S895.2 thereof joint
17 and. several liability is im~osed on the partieSt and
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(e)
Pursuant to 5895..4 o.f t.heGcvernmen t COtle the
parties as a par~ of the aforementioned agreemen~s m~y provid~
for contrib\ltiO!1.or indemnification upon 'any liability arisinq
out of the perfo~ahca of the a~reement; and
(d) 'The County is willing to assume liability and
defend and hold .the City harmless f:t:om any 10.65. cost or
expense caused.by the negligent or wrongful acts or omissi.ons
of COunty officars, its agents and employees, occurring in the
performance of said aqre~entr and
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Ce) The City is,willinq to assume liability and defend
and hold the County ha~~ss from loss, cost .or ~xpenses caused
by the ne91igent O~ wrongful act or omission of city officers,
agents or,employees occurrin9 in the performance of agreements
between the part.ies." Ox~ep1: as hereInafter provideQ.
NOw, THEREFORE, IT IS AGREED AS FOLLOWS;
1. The ceum:y-will assume liability and'defend
and hold the,Ci~y harmless from loss, costs or expenses
caused by the. negligent or wrongful act or omisslo~,of
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County officers, agents and employ~~s occurring in the
performance of agreements between the parties hereto
to the e~tent that such liability is imposed on the
City 'by the p~ovisions of ~895.2 of. the Government Code
of the State of California.
2. The City will assume liability and defend
and hoJ.d the County harmless from 'loss., costs or
expenses caused by the negligent or wrongful act or
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omission of, City officers, agents and employees
occu~~ing in the perfo~nce of agreements between the
earties hereto to the extent that such liability is
imposea ,on toe .Comlty by the provisions of S895.2 of
the Government Code of the State of Califo,rnia. In
addition, when liability arises pur$uant to SSS30, at
. seq" of the Government COdEr,. by reaSOn of. a ,da.ngE:1rol1s"
condition of ~ublic property of the City~ the City snaIl
assume lia.bility a.nd dE.fend and hold t.he' County harmless
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from loss, oosts or expenses caused ~y the negligent
or wron9ful act or omi~sion of City officers, agents and
employees, whether arising in the performance ot an
a9reementbe~ween the parties hereto, w~~h the exception
that'the County sha11 assume liability and defend and
hold the City harmles$ fro~ loss. costs or. expenses
caused by thenegl.:i:"s.ent or wrongful act or otnission of
County officers, aqents and employees, Occurring in the
performance of any agreement between the parties
hereto where a duty is imposed on the County pursu~nt
to Such agreenlent to. provide maintenance or inspection
serviees pertaining to said property. Wher.e such an
agreement bet~een a City and County provides that the
County will provide at least the sanie level.: o.f main-
tenance or inspection services that the County provides
to unincorporated areas, the County will assume liabllit
and defend and hold the City harml~ss from lOBSr costs
or expense caused ?y the negligent or ~ongful act or
omission of Cou~ty ofKicers, agents and employees in
failing to. provide said services in accordance with said
agreement.
3. .The parties further agree that the ^uditor-
Controlier of 1:.he County shall establish a fund for the
payment'of losses for which the Cou~ty may be liable
unde4 the terms of this agreement, and the COunty
agrees.to maintain the fund for the pur~Qse of:paying
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such losses wh~ch may Occur through its per.formancc
under agreements to provide city servic~s to tho cities
within the County.
4. It is understood by the parties that the fund
refer~ed to in paragraph 3 above is under the full'
C=:on'trol of the Board of Supervisors .and reappropriation
of unenoumbCTSd year-end balance in:this fund is
discretionary with t~e Board of Supervisors.
5~ The City agrees to make payment to the fund,
and. the County agrees to require each city receiving
services u~der City Service Agreements to also contribut
to the fund. Paym~nts towards th~ total amoun~ of,the
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fund .shall be .made by the City in such amount::fas may be
established by the AuditQr-Controller according to the
POli~y and'proc~dure establi~ed by the Board 0.(:
Supervisorsr and in the same ratio as the cost of
services reoeived by the City i$ to the total cost to
the County for its performance of.Cit.y Services
Agreements during each fiscal. year. In the event that
City sh~uld elect to terminate its Service'^gree~ent
with the CQunty, its responsibility. to contribu~e to
thQ .fund.pursuant to this agreement Shall be limited to
payment of amounts which accrue prior to the ~ffcctive
date of said termination. .
. 6. .Each pa~ty a~rees to fully cooperate with
the other and. assist the~ther party bereto in Q11
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matters relatin~ to losses COvered by the termsahd
this agreement, and moresp~cifically but. not being
limited thereby, each P!1rty will:
(a) Give ~rompt notification of all
OCcurrences covered or likQly to be Covered by
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the terms hereof, together with the pa~iculars_
thereof to-t~e other' party hereto;
Cb) ~fclaim is'made, or suit is broaght
against a party on occurrences COvered or likely
to be covered by the terms he~eof, such party
shall i~nediately forward every claim, dem~nd,
notice, summons or other process received by it
to the other party hereto.
7. Should City agree, stipulatef conSGnt to, or
otherwise suffer the granting of any claim~ th~aking.
of any jud9~ment, order, or other award for damages or
other relief against itself or any of its or the County'S
Officers, agents, or employees in any proceeding or
action authorized by law involvin9 a matter uri.sin~out
of the performance by the Coun-ty 01:' services affected
hereby,withOUt the prior written consent thereto of the
County,. the city agrees to . indemnify, llold harmless, and
defend.the County from any lossr cost 'or expense to it
arisin~ 'from SUch-claim. judg~ent, Or other award
irrespective of. the legal basis upon ,which ~iability may
be im~osed by such action including liability of the
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County under the provisions of Section 89S~2 of th~
Government Code.
8. Any party may at its own cost partic~pate
in the defense of any s~it# or in the prosecution of any
appeal affeci:i~9' matters herein involved where the
duty of def~nse or prosecution is impOsed on the other
party, and-wher~re other party has consented ~hereto.
9. This agr&~ment shall apply to and shall be
deemed to be a p~rt of all agreements now existing or
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hereafter entered into, including amendmentsr re~ewa1s,.
or other extensions thereof, wherein the City and
Courity have cont~acted under circumstances wherein the
liability of the City and County is joint and several
under SB95.2 of the Government Code of the State of
Cali.fornia. The provisions of this agreement. shal.l
supersede and control over any other provision5
inconsistent ~herewithin any such contract, hereto-
fore or hereafter entered into by and between the
parties hereto, unless by specific reference therein
~hi$ Assumpt,ion of Liability_ Agreement is inapplicable-.
~O. On the effective date of this aqreernent
that eertain agreement entitled "l\.ssumpt:ion of. Liability
Amendl'nent," if any between the parties, is terminated.
The effective.dat~ of this agreement is the date
-executed by the parties, but in no event sooner than
12:00 A-.M~, l-ta.rch 15, 1978, unless .-l:.he a:forementioned
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Assumption of Liability Amendmen~ .Snould be sooner
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terminated by the. parties., in which event the date of
such termination shall be in the effective date of.
this agreement. Open the effective date of this
Cl9reement. the Scune shall contin'ue Qurin9 the term of
any agreement for services to which the same is
appliCab!e, unle~-~he County shall Sooner eloct to
to~minate this agreement upon th~rty days written notice
to the City. i'he County further agr.ees that. this
a9reement shall be only terminated upon the occurrence
Ox.the.fQregoing,or anyone or more of the fOllowing
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events:
(a) Failure of the City to cooper.ate with
the County as requir~d by this agreement.
(b) Upon the City authorizing any jUd9m~ntr
order Or other award for damages wit.hout the
consent of the County in violation of. the te~s
and provisions of this aqrecrnent_
{e' Upon the Countyls election in its
absolute disc+etion to terminate this Assumption
Of.Liability Agreement as to all citiQS having
such service agreements. with the County.
11. To the extent that tho County has a.greed to
1ndemnify, defend and w~ive harmless aci~Yr its
Officers, agents and employoGs under this agreement,
said obligation shall continue to exist duri~g the term
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of this agreement whether Or not there are sufficient
funds for such indemnity, defense or hold harmless in the
fUnd established by the Auditor-Controller. It is
further unOQrstood.that the COUIlty may also utilize
said fund for .the_ P.urcha~e of comnlcrcia~ insurance
.an~ claims man~gement services and [or the paymont
of other cost~ to- 'CfOVQr -the exposures of the Co\mty
hereunder. in whole-or in par'!:'.
12.
On . termination ..by the Ci. ty ofservic:es
contract with the County, or upon termination Pytho
County for any cause,. the.County shall continue to
~ndemnifYr defe.nd and hOld harmless the City for a~l
claims and losses for Wbich-liability is imposed on
the County by the te~s of this agreement, and where
ari~ing out of the County's negligent or wrongful act
Qr omission, prior to the effective date- of said
termination. Said City shall not be entitled to retu~n
of any eonsideration paid "by it tow~rds the fUnd
established by the Aud1tor-Controlle~ On the t~rminal;ion
of this agreement.
IN WITN~SS WHEREOF, the parties hereto-have caused this
agreem0nt to be ~xecuted by their dUly authori2sd
day and year hereinafte~ set forth.
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CITY OF :VEmON
COUNTY OF LOS ANGELES
By": " ~~ ~ ").1..(,- ~ --
Ch~irman, BOard of
Supervisors
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1 . ATTEST th1s 2~day of
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., 1978.
ATTEST this f ({ "day of
---ph.{~L r 1978.
- BRUCE V. l1AL1<ENHOnST..
City Clerk/Director of. Finance
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JAMES S. MIZEr Execut.i.ve
Qfficer-Clerk of the
BoaJ:d of SUPlitrviso11:8""
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1\PP .ROVED AS TO FORM:
A.P.PROVED AS TO FORM:
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18 By:
JOHN H. LhRSON,.
County Counsel
DAVID E. BREARLEY
City Attorney
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Deputy
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aY:-1Lc~-. ">. L .'A:,....~l.t. ,
David R. Drear ey..
City. Attorney
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. ADOPTED.
BOARD Of SUPERVrsoRS
COUrm Of UIS !..llJE.a
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DEe 2 71977
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~Q .L IIIIZE
ateU1'fVJ: OfIl'lca
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