Resolution No. 5010
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RESOLUTION NO. 5010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON APPROVING THE EXECUTION OF AN AGREEMENT
BY AND BETWEEN THE CITY OF VERNON AND THE CITY
OF HUNTINGTON PARK PROVIDING FOR THE MAINTENANCE,
OPERATION AND SERVICE OF TRAFFIC CONTROL DEVICES
AT THE INTERSECTIONS OF SLAUSON AND BOYLE AVENUES
(STATE STREET) AND RANDOLPH STREET AND BOYLE
AVENUE (STATE STREET)
WHEREAS, the City of Vernon and the City of Huntington
Park desire to provide for the maintenance of approved traffic
control devices which are located at the intersections of Slauson
and Boyle Avenues (State Street) and Randolph Street and Boyle
Avenue (State Street) on the common boundary of each city and
which are partially under the jurisdiction of each of the cities;
and
WHEREAS, the City of Vernon and the City of Huntington
Park further desire to determine responsibility for the
operation, service and maintenance functions to be performed in
connection with the continued operation of such devices and to
provide for an equitable distribution of the cost of such work;
and
WHEREAS, the City Council of the City of Vernon has
determined that it is in the best interests of the City of Vernon
to enter into an agreement with the City of Huntington Park as
set forth above.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
SECTION 1: That the City Council of the City of Vernon
hereby determines that the recitals contained hereinabove are
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1 true and correct.
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SECTION 2: That the City Council of the City of Vernon
3 hereby approves the Agreement, a copy of which has been presented
4 to the City Council concurrently with this Resolution, and the
5 City Council hereby orders said Agreement to be received and
6 filed by the City Clerk.
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SECTION 3: That the City Council of the City of Vernon
8 hereby authorizes the Mayor and the City Clerk to execute said
9 Agreement for, and on behalf of, the City of Vernon.
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SECTION 4: That the City Clerk of the City of Vernon
11 shall certify to the passage of this Resolution and thereupon
12 and thereafter the same shall be in full force and effect.
13 APPROVED AND ADOPTED this 17th day of January, 1984.
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ATTEST:
6~/~~
BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA )
) ss.
2 COUNTY OF LOS ANGELES )
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of
5 Vernon, do hereby certify that.the foregoing Resolution, being
6 Resolution No. 5010
, was duly adopted by the City Council of
7 the City of Vernon, and was approved by the Mayor of said City
8 at a regular meeting of the City Council held on Tuesday,
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14 (SEAL)
January 17
, 19 84
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BRUCE V. MALKENHORST, City
Clerk
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AGREEMENT BETWEEN CITY OF HUNTINGTON'PARK '
AND CITY'OF VERNON FOR MAINTENANCE, OPERATION
AND SERVICE OF CERTAIN TRAFFIC CONTROL. DEVICES.
THIS AGREEMENT, made, entered into-and executed this 16th
-day of January, 1984, by and between the CITY OF VERNON, a municipal-
corporation, hereinafter. referred to as "Vernon", and the CITY OF
HUNTINGTON PARK, a municipal corporation, hereinafter referred to as -
'Huntington Park".
RECITALS
WHEREAS, the-parties hereto :desire to provide for :the
maintenance of approved traffis control devices which are, located
at the intersections of Slauson and Boyle Avenues (State Street).
and Randolph Street and Boyle Avenue `(State .Street) on the common
`.boundary of the parties and. which are partially under. the jurs-
:diction of each of the parties; .and
WHEREAS, the parties further desire to determine,respon-
sibility for the operation, service and maintenance functions to
be performed in connection with the continued operation of .:such
devices and to'provide'for an equitable distribution"of`the cost
of such work;
NOW, THEREFORE, in consideration of the mutual
covenants, promises and conditionshereinafterset forth, the
parties hereto agree as follows::
1. ;Vernon will maintain,'operate and service the
.traffic control"devices located_at the intersections of Slauson
and Boyle Avenues (State Street):`and Randolph Street and Boyle
Avenue'(State Street), effective. March 1,'1984.
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2.. The percentage of--the total costs of such mainte-
narice, service and operation which are to be borne by each. party
has been determined according to the ratio that the number of
approaches under the jurisdiction of each party bears to the-total
number of approaches entering-the intersection and is as follows:
Intersection ~ Vernon Huntington Park
Slauson and Boyle
Avenues (State .Street) 50°s 50%
.Randolph Street and 1
Boyle Avenue (State
Street) 25% 75°s
3. The cost: of routine maintenance, operation and .service
will be, from time to time, established as a flat monthly rate. Such
flat monthly rate shall be based on the actual cost experience which
- includes safety lighting, electrical energy, necessary outside
services, employee salaries and-wages (including fringe benefits),
parts-and materials, tools and equipment (including reasonable
allowance for depreciation), and costs of supervision and
administration.
4, Routine maintenance-includes patrol inspection,
lamp .replacement, painting of signal heads and standards,
necessary repair or replacement of minor parts as required to
assure: satisfactory service, and the furnishing of electrical
energy :for operations.
5. Extraordinary maintenance includes the replacement
of major equipment due to obsolescence, wear_or_inadequacy; and
also includes=the repair, modification, 'or replacement of such
equipment due to extensive damage from any cause.: The cost of`
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such extraordinary maintenance shall be subject to the mutual
agreement of the parties.
6. Existing circuits for street safety lights shall be
incorporated in Vernon's electrical system.
7. Invoices for service shall be rendered quarterly by
Vernon. Invoices for routine maintenance shall indicate the
period of service, the location of the intersection, and the
monthly rate .which applies. Invoices for extraordinary
maintenance shall .itemize the actual. costs incurred, including
labor; net cost of all materials (including taxes); equipment
charges (including reasonable .allowance, for depreciation);
supervision and all costs of administration; and any other
category of expense experienced.
8. Huntington .Park shall, within thirty (30) days
following its receipt of said invoice, reimburse Vernon for sums
due from Huntington Park to Vernon pursuant to the terms of this
Agreement.
9. Either additional signal installations er highway
safety.. lighting installations or both such types of installations,
may be included under the terms of this Agreement by so
'stipulating in construction agreements. Existing installations
maybe deleted or modified, and when necessary a revision of, the
cost percentage. may be revised, by mutual consent. of the parties
evidenced by; motion.,or resolution. of the respective City:Councils.
10 Neither Huntington Park nor any. officer or employee`
of Huntington Park shall be responsible for any damage or
.liability occurrting by reason of anything. done or omitted to be
done. by: Vernon under or in'connectionwith any work, authority or
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jurisdiction delegated to Vernon under-this Agreement.It is also
understood and agreed that, pursuant to Government Code Section
895.4, Vernon shall fully indemnify, defend and hold Huntington
Park harmless from any liability imposed for injury (as defined by
Government Code Section 810.8) occurring by reason of anything
done or omitted to be dome by Vernon under or in connection with -
any work, authority or jurisdiction delegated to Vernon under this
.Agreement..
11. Neither Vernon nor-any officer or employee 'of
Vernon shall be responsible for any damage or liability occurring
by reason of anything done or omitted to be done by Huntington
- Park under or in connection with any work, authority or jurisdic-
tion delegated to Huntington Park under this Agreement. It is
also understood. and agreed that, pursuantto'Government Code
Section 895.4, Huntington Park shall"fully indemnify, defend and
hold, Vernon harmless from any liability imposed for injury (as
defined in Government Code Section 810.8) occurring. by reason of
anything done or omitted to be done by Huntington Park under'or.in
:connection with any `work, authority or jurisdiction delegated to
Huntington Park under this Agreement.
12. Nothing inthe provisions of-this Agreement is
intended to create duties or obligations to or rights in third
.parties not parties- to this contract or affect-the legal liability
of either party to the contract`-by imposing any standard of care
respecting the maintenance,`operaton and service of the traffic
control devices different from the standard of care imposed by
law.
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13. This Agreement supersedes all prior agreements
between Vernon and Huntington Park for the maintenance, operation
and service of traffic control devices or highway safety lighting
and shall remain in full force and effect until amended by mutual
consent of the parties or until terminated.
14. This Agreement may be terminated by either party
upon giving thirty (30) days written notice of such termination to
the other.
IN WITNESS WHEREOF, the: parties hereto have executed -
this Agreement or caused it to be executed as of the'day, month
and year first above written.
CITY OF VERNON,.a'
municipal corporation
ATTEST:
Leonis C. Malb rg, Mayo
Bruce V. Malkenhorst,
City Clerk
APPROVED AS TO FORM:
~t~-c~ ~ ~
David B. Brearley,
-City Attorney
- CITY OF HUNTINGTON PARK, a
municipal corporation
'.:ATTEST : By
Jack W. Parks, Mayor
Maril n A. ~Boyet
...City Clerk'
APPROVED AS TO FORM:
Elwayne E. Smith, -
City Attorney
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1 RESOLUTION NO. 84-~ 6
2 A RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF HUNTINGTON PARK
APPROVING AGREEMENT WITH CITY OF VERNON FOR. MAINTENANCE, OPERATION
3 AND. SERVICE OF CERTAIN TRAFFIC CONTROL DEVICES.
WHEREAS, a form of agreement between the City of Huntington
5 Park and. the City of Vernon, regarding maintenance, operation, and
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service of certain traffic control devices, has been presented to
7 the City Council.; and
8 WHEREAS, the City Council wishes-to approve said agreement;
9 NOW,. THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON
10 PARK DOE5 RESOLVE AS FOLLOWS:
SECTION 1: The. attached form of agreement between the
12 City of Huntingdon Park and the City of Vernon, for maintenance,
13 operation and serv-ice of certain traffic control devices, is
14 hereby approved, anal the Mayor-.and City Clerk are authorized and.
15 directed to execute said agreement on behalf of the City of
16 Huntington Park..
17 SECTION 2; The City C-leek shall certify to the adoption
18 of this Resolution.
I9 PASSED, APPROVED AND ADOPTED this 16th day of January, 19$4.
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JACK W. PARK5
22 Mayor of .the City of Huntington Park
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ATTEST:
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25 MARILYN A. BOYETTE
- City Clerk
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1 !STATE OF CALIFORNIA. )
2 ) ss.
COUNTY OF LOS ANGEZES )
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4 I, MARILYN A. BOYETTE, City Clerk of the City of Huntington
5 Park, do hereby certify that the foregoing resolution, being
6 Resolution No. 84-~, was passed and adopted: by the City
7 Council of the City of Huntington Fark, signed by the Mayor of
s~id.Cty, and-attested: by the City Clerk., all at a regular
9 meeting of the Ci y Council: held on the.l6th day of January:,
I0 1984, and. that the same was passed and' adopted by the following
11 vote., to wit.:
12 AYES r Councilmen- Roberts, Hennes, Cunningham, Jackson, Perks
13 NOES : Councilmen- None
14 ABSENT: Councilmen- None
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16 ' MARTL'YN -A. BOYfTTE
City Clerk
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/ ~ ITY COUNCLL OFFICERS
/ LEONIS C. MALBURG Ma or BRUCE V. MALKENHORST,
' y
Wm. "BILL" DAV1S City Administrator/City Clerk
H. "LARRY" GONZALES
W. MICHAEL McCORMICK DAVID B. BREARLEY,
City Attorney
THOMAS A. YBARRA
VICTOR H. VAITS,
TELEPHONES Director of Community Services
CITY CLERK 583-8811 LEWIS R ADAMS,
POLICE DEPT . 587-5171 Director of Water & Power
FIRE DEPT . 583-4821
BUILDING DEPT. 583-8811 GEORGE F. BASS,
" " " " " " ' Fire Chief
PUBLIC WORKS DEPT. 583-8811
HEALTH DEPT . 583-8811 CITY HALL AL ESPINOZA,
Police Chief
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
In Reply Refer tn:
Jai-luary 17 , 1.934
City Council
City of Vernon
Honorable Members:
Transmitted herewith is Huntington Park .Resolution No. 84-6, with..
regard to an agreement between the City of Vernon and Huntington P-ark
for the maintenance of traffic signals by the City of Vernon located
at the intersections of Slauson & Boyle Aveizues (S-fate Street)-and
Randolph Street and Boyle Avenue (State Street).
It is hereby recommended that -said resolution be accented and-that- the
agreement for such maintenance be approved and authority bedgranted for
the Mayor and City Clerk to execute same.
Very truly yours,-
. ~ _ ~`~~n~ ~ ~~~4
Bruce. V. Malkenhorst
City Adr~Iinistrator/City Clerk
BMV / g j o