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Resolution No. 6336 t ~ , ~ 1 RESOLUTION NO. 6336 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A REVISED JOINT INDEMNITY AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND THE COUNTY OF LOS ANGELES 3 4 5 WHEREAS, the City of Vernon and the County of Los Angeles 6 have contracted for the performance of certain services by the 7 County of Los Angeles; and 8 WHEREAS, the City of Vernon and the County of Los Angeles, 9 under the Government Code, may allocate financial responsibility for liability for injuries to persons or property under such contracts; lO II and 12 WHEREAS, the City of Vernon and the County of Los Angeles entered into a Joint Indemnity Agreement which was approved by City l3 l4 Council Resolution No. 6002 on October 22, 1991; and 15 l6 WHEREAS, the County of Los Angeles has established the Contract Cities Trust Fund into which portions of funds received 17 under various contracts are deposited, in order to guard against 18 liability for any acts by County officers, agents or employees with 19 respect to such contracts; and 20 WHEREAS, the Contract cities and the County of Los Angeles 2l have negotiated a revised Joint Indemnity Agreement so that all such 22 contracts will be consistent and all Contract cities will pay the 23 same rates; and 24 WHEREAS, the existing Joint Indemnity Agreement will remain in effect until such time as all Contract cities have approved the 25 26 revised agreement. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 28 CITY OF VERNON AS FOLLOWS: , 1 SECTION 1: The city council of the City of Vernon hereby 2 finds and determines that the recitals contained hereinabove are 3 true and correct. 4 SECTION 2: The City Council of the City of Vernon hereby 5 approves the revised Joint Indemnity Agreement, a copy of which has 6 to the city Council concurrently with this been presented 7 resolution, and the City Council hereby orders said Agreement to be 8 received and filed by the City Clerk. SECTION 3: The City Council of the City of Vernon hereby 9 lO II authorizes the Mayor and the City Clerk to execute said Agreement for, and on behalf of, the City of Vernon. l2 SECTION 4: The City Clerk of the City of Vernon shall 13 certify to the passage of this resolution, and thereupon and l4 thereafter the same shall be in full force and effect. l5 l6 APPROVED AND ADOPTED this 20th day of October, 1993. l7 ~~~~~ /d~ THOMAS A. YB , Mayor MALKENHORST, City Clerk Pro Tem l8 19 AT/i'TE : .(7 "-- 20 2l 22 BRUCE V. 23 24 25 26 27 28 -2- , , 1 STATE OF CALIFORNIA } }ss COUNTY OF LOS ANGELES ) 2 3 0{ . I I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 6336, was duly adopted by the City council of the City of Vernon at an adjourned regular meeting of the City Council duly held on Wednesday, October 20, 1993, and thereafter was duly signed by the 4 5 6 7 8 Mayor Pro Tem of the City of Vernon. 9 ft BRUCE V. 10 11 ( SEAL) l2 13 l4 15 l6 l7 18 19 20 21 22 23 24 25 26 27 28 -3- -~/~ MALKENHORST, City Clerk COUNTY OF LOS ANGELES ~<~°F`°S^N~ OFFICE OF THE COUNTY COUNSEL ,`°J~ Eli`s ~ + 648 KENNETH HAHN HALL OF ADMINISTRATION + SOO WEST TEMPLE STREET *~uF°RN~F LOS ANGELES, CALIFORNIA 90012 TELEPHONE (213) 974-5033 DE WITT W. CLINTON, COUNTY COUNSEL TELECOPIER (213) 617-1142 November 5, 1993 f Ms. Gloria J. Orosco Chief Deputy City Clerk City of Vernon. 4305 Santa Fe Ave. Vernon, CA 90058 Dear Ms. Orosco: This letter is to acknowledge receipt of th Joint Indemnity between your city and the County of Los Angeles. I will return a copy of the agreement to you as soon as the .Board of Supervisors executes the agreement on behalf of the County. Thank you and your City Council for you quick response to this matter. Should you require any additional information, please contact me. Very truly yours, DE WITT W. CLINTON ~\/1 CountyCounsel ~ fry ~ `~By SAL A REZA Management Specialist SAR:dca REZAUTA.PF CITY COUNCIL - DAVID B. BREARLEY t+ ~ , City Attorney LEONIS C. MALBURG FAX: (818) 330-5818 Mayor . , VICTOR H. VAITS THOMAS A. YBARRA Director of Community Services & Water Mayor Pro-Tem FAX: (213) 588-2761 Wm. "BILL" DAMS KENNETH J. DeDARIO Councilman ' t Director of Light & Power H. "LARRY" GONZALES FAX: (213) 583-1983 9. Councilman LARRY SPADT i' i s ~'q, ~l~l Fire Chief W. MICHAEL McCORMICK ~ ~ 1 FAX: (213) 581-1385 Councilman ~ LOUIS ROSENKRANTZ BRUCE V. MALKENHORST Police Chief City Administrator/City Clerk CITY HALL FAX: (213) 581-1178 FAX: (213) 581-7924 In Reply Refer ro: 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (213) 5838811 November 4, 1993 Mr. Sal Reza Contract Cities Trust Fund Administrator Room 652,. Kenneth Hahn Hall of Administration 500 Ulest Temp e Street Los .Angeles,. California 900.12 Re: Revised Joint Indemnity Agreement Dear Mr. Reza: The City of Vernon City Council, at their regular meeting held October 20, 1993, took action to approve the above referenced agree- : merit. Enclosed herewith are wo fully executed agreements on behalf of the City of Vernon. Please have these executed by the Board of Super- visors_and see that one is returned to the attention of the under signed. Thank-.you, Very truly yours, CITY. OF VERNON >.a. J . Or c Chief Deput City Clerk GJO/hr Enclosures , ' JOINT INDEMNITY AGREEMENT THIS AGREEMENT, dated for reference purposes on the day of ~ 19 is made and entered into between the County of Los Angeles, sometimes hereinafter referred to as the "County," and the City of Vernon , sometimes hereinafter referred to as the "City." RECITALS. (a) City and County have heretofore contracted for the performance. of services by County, its officers, agents and employees, and may in the future extend, renew and amend such contracts, and enter into other- and further contracts for the performance of services, all of which may be hereinafter referred to as "service contracts"; and (b) Such contracts are agreements under Section 895 of the: Government Code,. and pursuant to 895.2 thereof joint and several liability is imposed on the parties; and (c) Pursuant to 8.95,4 of the Government. Code, the parties: may provide for contribution or .indemnification upon any liability arising: out of the performance of said agreements; and; (d) The County is willing to assume liability and defend' and-hold the City harmless from any loss, cost or expense-caused. G by the negligent or wrongful act or .omission of County officers, ~ its agents and employees occurring-in the performance of said service agreements except as hereinafter provided; and- (e) The City is willing- to assume- liability and- defend and hold the County harmless from loss, cost or expense caused by ~ ~ the negligent or wrongful act or omission of City officers, agents or employees occurring in the performance of agreements between the parties, except as hereinafter provided; and (f) The. parties have,- based upon the aforementioned recital of facts, heretofore entered into an agreement entitled "Joint Indemnity Agreement".the format of which was approved by the Board of Supervisors in October 1991, or an agreement dated' for reference purposes only as the -14th day of November, 1977 entitled "Assumption of Liability Agreement" which has remained in full force and effect to the present time; and (g) Pursuant to said agreements County has, established the Contract Cities Trust Fund (sometimes hereinafter referred to as "Trust Fund") into which County has deposited designated portions of the funds received from City and other Cities as compensation for the performance of services; and- (h) Said Trust Fund was established by the County Auditor- Controller. for the payment of losses for which the County may be i liable under the. terms of the Assumption of Liability Agreement and the Joint Indemnity Agreement and which the County agreed to maintain for the purpose of paying. such losses; and O Said Fund.-was. under the full con rol of the. Board of Supervisors, and the City,: pursuant to said. agreements, agreed to .make .payments to the Fund in such amounts as may be i established by -the Auditor-Controller in accordance with the r: policies and procedures-established by the Board of Supervisors. and in-the same ratio as the cost of services received by the 2 - I . -City is to the total cost to the County of its performance of City Service Agreements for similar services;. and (j) City and County are willing to continue said service contracts, and utilizing solely the Trust Fund, County is willing to assume liability and defend and hold City harmless from any loss,-cost or expense caused by the negligent or wrongful acts or omissions of County officers, its agents or employees occurring in the performance of said service contracts; and (k) Both City and County have been dissatisfied with some of the terms and provisions of the aforementioned Assumption of Liability Agreement, its interpretation, and application and, similarly the Joint Indemnity Agreement and desire, by this Agreement, to restate those agreements into a new Joint Indemnity.Agreement; and (1) County desires by this. Agreement to limit,. except as hereinafter provided, its financial responsibility to provide defense and ndemnifcaton,to the Trust Fund; and- (m) City desires to have the right to review both contributions to the Trust Fund and expenditure- therefrom and to meet .and. confer with County in that regard. NOW, THEREFORE, it is mutually agreed as follows: 1. Effective Date:.. This Agreement- shall not be effective until the same and. dentica copies thereof have been approved by .the Board- of Supervisors. after approval by all Cities. that are currently _ 3 _ 1 1 contributing to the Trust~Fund established by the Auditor- Controller pursuant to the Assumption of Liability Agreement of November 14, 1977 or the previous Joint Indemnity Agreement. Upon the approval of this Agreement by the City of ~rnon and all such Cities, as well as the Board of Supervisors, the agreement of November 14, 1977 and the prior Joint Lndemnity Agreement shall be superseded. Notwithstanding the date of the aforementioned approvals,- the effective date of this Agreement after all approvals have been obtained shall be May 1, 1994, provided further that if all approvals have .not been obtained by June 1, 1994, this Agreement shall be of no further force and effect. 2. Application to Other Agreements. This Agreement shall- apply to and shall be deemed to be a part of all service agreements now existing or hereafter entered into including amendments, renewals or other extensions thereof. wherein City and County have contracted under .circumstances where the. liability of City and County is joint and several. pursuant to Section 895'.2 of the Government Code of the State of California. Notwithstanding any provision- of any County service agreement between City and County, now or hereafter in effect, County will assume- liability and defend and hold the City i i harmless from loss, cost or expenses caused by the negligent or wrongful act or omission of County officers, agents and - employees, occurring in the performance of service agreements - 4 - between the parties hereto to the extent such liability is imposed on the City by the provisions of Government Code Section 895.2., unless a service contract between City and County expressly provides that said Assumption of Liability Agreement or the previous Joint Indemnity Agreement or this Agreement is inapplicable. 3. County's. Duty to Assume Liability and Defend. Pursuant to the provis-ions of this Agreement, County will assume liability, defend, and indemnify City from any loss, cost or expense .caused by the negligent or wrongful act or omission of County officers, agents and employees occurring in the performance of service agreements between the parties to the- extent that such liability is imposed on the City by the provis-ions of Section: 895.2 of the. Government Code. Where. the County's liability arises out of an act required of County pursuant to a service agreement or the-omission. was a failure of County to act where required by the service agreement, the County's liability under the terms and provisions of this paragraph shall be limited to the. Trust Fund, .and the County shall not be required to contribute any of its own funds for said defense or indemnity except a hereinafter provided. Where the act. or omission of a County officer, agent or employee does notarise out of a duty of the County to perform a service under a service agreement, the County shall assume liability, defend and hold the City harmless from loss, east or expenses caused by the negligent or wrongful act or omission of - 5 - County officers; agents and employees without using said Trust Fund. 4. Indemnity by Citv.. (a) Acts or Omissions. City will undertake to investigate, defend and .pay any losses, costs,. settlement awards, judgments., or .expenses originating from claims or litigation based or alleged to be based upon the negligent or wrongful act or omission of City,. its officers, agents or employees occurring during the performance of the service contracts. (b) Dangerous Conditions of City Property. When liability is based or alleged to be based on a dangerous condition of City. property pursuant to Government Code Sections 83O etc. seq. (including;-but not limited to, the plan or design of the City property), City shall assume liability and defend and hold County harmless from any loss, cost or expense caused by the negligent or wrongful act or omission of City, its officers, .agents or employees. (c) Exception for Maintenance or Inspection -of City i Property.. Where a duty is imposed: on County pursuant to a i service contract to provide maintenance or inspection services i pertaining to City property, County shall utilize the Trust Fund to investigate, defend, and pay- any losses, costs, settlement. awards, judgments or expenses originating from claims or litigation allegedly based` upon the existence of a dangerous - 6 - i condition of City's property as a result of the negligent or wrongful act or omission or County officers, agents or employees in the performance of such service contracts. 5. Establishment of a Trust Fund. That certain Trust Fund .heretofore established by the Auditor-Controller of the County for the payment of .losses for which-thee County may be liable under the terms of the prior Joint Indemnity Agreement or the Assumption of Liability Agreement of November 14, 1977, shall be audited by the Auditor- Controller within one hundred twenty (12-0) days after the close of the 1993-94 fiscal year. The County shall provide City. with a full. audited report of the amount received by the Trust. Fund and the expenditures therefrom as of July- 1,1994. If said audit report .discloses that the County has advanced. funds to the- Trust-Fund, that amount shall be repaid to the County through an increase in the: County's charge for said contract services. If said audit report established a fund balance, that amount- shall continue as part of the Trust Fund hereafter established. City,and County agree.that the Auditor-Controller of the County„ effective July 1, 1993, shall maintain: a Trust i Fund for the payment of losses for which County may be liable under- the terms of this Agreement. County agrees- to maintain tYie funds, to be known as a Contract Cities Trust Fund, exclusively for the purposes set forth in this Agreement. City and County agree that the Trust Fund- shall be under the full - 7 - control of the County.. County shall, within one hundred twenty (120) days after the close of each fiscal year, provide each City having a service contract with the County with a full audited report of -the amount received by the Trust Fund and expenditures therefrom. City shall have the right, through its representative or through a joint representative of Cities,. to review. with the Trust Fund Administrator said audit report as well as all supporting information and. documentation, County shall from time to, time designate a "Trust Fund Administrator" who shall be compensated from the Trust Fund and who shall be responsible for day to day administration of the Trust Fund: County may also use the Fund to pay for any audits requested or required, including those performed pursuant to thee. provisions: of this agreement. 6. Payment to Trus Fund. City agrees to make payments to the Trust Fund, and County I agrees to require each City receiving service under service contracts to also contribute to the Trust Fund.: Payments to thee- Trust Fund shall be made by City in such amounts.' as may be established by the County Trust Fund: Administrator with concurrence of ..the Auditor-Controller according to the policies and procedures .established by the County. In the discretion of County, each such payment related to _ g _ C a particular service may consist of two components, the first being the amount necessary to participate in the Fund for the particular service currently being rendered and the second being the sum necessary to reimburse the County for all sums advanced by the County to the Fund, including interest, until the County is totally reimbursed. Increases or decreases in such participation or reimbursement payments shall be effective July l of each fiscal year. Each annual increase for the payment for a particular. service shall not exceed three percent (3~) of the annual charges for the particular services rendered by County to City. The unused difference between any lower annual increase actually implemented and a maximum allowable increase may be accumulated as reserve authority to extend. the .rate for, the .particular service beyond the annual maximum increase,. and the Trust Fund Administrator shall be permitted to add to any subsequent annual increase any portion of the- accumulated reserve authority for the. particular service, if .needed, to reimburse County for funds advanced to the Fund. In the event of any termination, expiration or non-renewal of any service contr-acts between County and City for any reason, City's obligation shall nevertheless continue to make such payments for the reimbursement component to the Fund for such. continuing period as may be necessary to fully reimburse County ~ for advances made on behalf of the Fund through the date of the ' last service rendered- to City. In .such- circumstances, the reimbursement component shall be applied to the average monthly _ g \ C charges. for services rendered by County to City for the last twelve (12) months of such service contract., All payments by City-shall be made within thirty (30) days of receipt of invoices from County whether from a .County department performing services pursuant to a service contract or from the Trust Fund Administrator for the reimbursement component in the event the service contract is no longer in effect. City's liability to make payments. to the Trust Fund or the County pursuant to this Agreement shall not, however, exceed the City's share thereof which shall be a percentage o,f the total amount due the.-Trust Fund at the same-ratio as the City's total service contract costs .bears to all Cities having service: contracts with County for the particular service. In the event any City,. other than the City of Vernon should default or fail to make payments to the Trust Fund, City shall not be required to undertake alone to reimburse the Trust Fund for that amount, City's liability to the County and the Trust Fund being limited to the ratio of its total :service contract costs to all contract costs of all Cities contracting { with. the County for said' particular contract services in the year of the default. { 7. Sufficiency and Use of Trus Fund. To the extent that County has agreed to indemnify, defend and hold harmless City, its officers, agents and employees'unc~er this Agreement, said obligation-shall continue. to exist during - 10 - i j the term of this Agreement whether or not there are sufficient funds for such indemnity, defense or hold harmless in the Trust Fund. County's obligation is expressly conditioned on City's performance of its obligations set forth below relating to replenishment of the Trust Fund.. If, in the discretion of the Trust .Fund Administrator, the Trust Fund balance is inadequate to fund Contract Cities liabilities, the Auditor will advance from the County's funds amounts necessary. to temporarily finance such liabilities. City agrees to contribute on a monthly basis such reimbursement component as the Trust Fund Administrator determines is necessary from City and other-Cities contributing to the Trust Fund to replenish the Trust Fund in accordance with Paragraph 6 so that County's funds may be reimbursed. 8. Indemnity From the Trus Fund. Utilizing solely the Trust Fund, County will undertake to investigate, defend and.-pay any losses, costs, settlement awards,. judgments or expenses originating from claims or i litigation .based or alleged to be based- upon.-the negligent' or wrongful act or omission of County .officers, agents or employees f engaged in the performance of services for City. pursuant to the C service contracts,. except as follows: r: (a) .Where the. County at any time should reasonably conclude that the. liability for said claim or action as between f the City and County is based- solely on the negligent or wrongful - 11 - j i. ~ act or omission of the City, its officers, agents or employees occurring during the performance of said service agreement, County shall notify City in writing of its conclusion and that City is required at its own cost and expense to investigate, defend and pay any costs and judgment_or expenses arising out of the litigation. ~ County .shall give City at least thirty (30) days written notice of its decision. that City shall take over the defense of said action. Once County has notified City in writing of its decision, the Trust Fund shall not be charged for any further. defense or cost incurred by County in the defense of said- claim or action. City agrees as soon as reasonably .possible after the receipt of said notice to take over the defense of said action or claim, and if it should fail to do so, to reimburse .County for a l expenses incurred by County in defending City and County or in providing indemnification of City and County in respect to said claim or action. (b) Where the County contends that City is partially i responsible through its negligent or wrongful act or omission, I County shall nevertheless utilize the Trust Fund to undertake.: the responsibility herein imposed, but County'shall,. by written notification. to City upon such determination, advise City that it reserves the right to claim- indemnification: from City for I that: portion of the loss, cost, settlement, award or judgment attributed to the City's negligent or wrongful--act or omission. Said notice shall further advise City. that City has the- -right to provide its own defense in said matter or to participate in the f - 12 - defense of said matter. County shall give.City at least thirty (30) days written notice of its decision, and if City should upon receipt of said notice elect to undertake the defense of said matter in whole or in part,. the Trust Fund shall not be charged for any of .the City's cost or expenses or for any portion of the judgment rendered against the City arising solely out of the negligent or wrongful act or omission of the City,. its officers, agents or employees. (c) If it should subsequently be determined by a final judgment of a court having jurisdiction over the matter that liability for said claim. or action as between the City and County was .based solely on the negligent or wrongful. act or omission of the City, City- shall reimburse the .Trust Fund for all costs, expense .and judgments paid'by the County on behalf of the City incurred thirty (30) days. after the giving of said notice. (d) If it should subsequently be determined by a final. judgment of a court having jurisdiction over the matter that liability is based- solely on the neg gent or wrongful act or omission of County, and-County was required under the terms and` provisions. of this Agreement to provide defense. and indemnify City-from said Trust Fund, said Trust Fund shall reimburse City for its costs, expenses and any portion of said judgment paid by said City thirty (30) days after the giving of said notice. (e) If it should subsequently be determined by a final judgment of a court having jurisdiction over the matter that - 13 - ~ 1, liability is based partially on the negligent •or wrongful act or omission of the City, City shall reimburse the T-rust Fund for any cost, expense. or judgment paid by the Trust Fund attributable to the City's negligent or wrongful act. (f) Where an action or cross-complaint is filed by either City or .County to determine their rights and liabilities under this .paragraph, the County shall be reimbursed from said Trust Fund for any cost, expense or judgment paid by the County pursuant to said action where by final judgment the County is the prevailing party in the action between County and City. (g) Except for its contributions to the Trust Fund, City w-ill not be liable for defense costs or for holding. County harmless from loss,. cost or expense caused in whole or in part by the negligent or wrongful act or omission of county, its officers, agentsand employees occurring during the performance of a service contract. 9. No Funding of Citv's Unilateral Settlements or Litigation. Should. City agree, or stipulate or consent to the. settlement of any claim or action,:-the making or .entry of any judgment, order or other award for damages or~for.other relief against itself or any of its officers, agents or employees or against County or its officers, agents or employees in any proceeding or action authorized by law, involving a matter arising out of the performance by. County pursuant to the service contracts, without the prior written consent thereto of County,. - 14 - then City agrees to .indemnify, hold harmless and defend County from any loss, cost or expense sustained by County arising from such claim, judgment or other award irrespective of the legal basis upon which liability may be imposed by such .claim or action., including liability of County under the provision of Section 895.2 of the Government Code. 10. Cooperation in Assumption of Liability. City and County agree to fully. cooperate and assist each other in all matters relating to losses covered by the terms of this Agreement. More specifically, but not limited thereby, each party will: (a) In the event of a claim or suit or an occurrence. likely to involve a claim or suit covered by this Agreement, give: prompt. written notice to the other party. Written notice shall contain the name and address of the person or organization sustaining injury or damage, and of any witnesses, as well as the time, place and circumstances- of the-occurrence. (b) If claim is made or .suit is brought against a party on- occurrences covered or likely to be covered by the terms. hereof, such: party shall .immediately. forward: -every claim, demand, notice, summons- or other process received by it to the other i party• (c) Cooperate- with the. other party and, upon the other 'I party's reasonable request, assist in the processing. of suits and enforcing-.any right of contribution or indemnity against any - 15 - person or organization who may be liable to the other party for injury or damage covered by this Agreement, attend upon request hearings and trials, assist in securing and giving of evidence and obtaining the attendance of witnesses. 11. Participation in Litigation. Any. party may, at its own cost, participate in the. defense,. of any suit or in the prosecution of any appeal affecting matters herein involved where the duty of defense or prosecution is imposed on the other party and where the other party has consented thereto. 12. Control-Over Prior. Agreements. Any references in service contracts to the "Assumption of Liability Agreement" or Joint Indemnity Agreement shall be deemed to be to this Agreement.. The provisions of this Agreement shall supersede and> control over. any other provisions inconsistent herewith in-any such. contract, and control future agreements between the parties hereto unless by specific reference therein this-Joint Indemnity a Agreement is made inapplicable. 13. Termination of Agreement. i This. Agreement shall continue during: the term of- any service contract between City and County unless: (a) County elects to terminate this Agreement upon thirty (30) days written notice to .City. (b) Upon. County's election, if City fails to cooperate with County as required by this Agreement.. If City's failure is - 16 - i capable of being cured,, County shall not terminate pursuant to this provision without specifying the precise manner of City's failure to cooperate, specifying the action required of City, and allowing City thirty (30) days to cure the failure. (c) Upon County's election, if -City authorizes any judgment, order or other award for damages without the consent of County in violation of the terms and provisions of this Agreement. (d) Upon County's election in its absolute discretion to terminate this Joint Indemnity Agreement as to all Cities having such service contracts with County. In such an event, City shall be entitled to the return of any consideration actually paid by it, in pro rata. proportion based upon City's level of contribution,. of the .sum remaining. i,n the Trust Fund after discharge by the County of all liabilities. City agrees to remain. liable for its reimbursement component payments as may be necessary to fully reimburse the County for: the. sums advanced by County to the Fund, and for all sums for which the Fund may become liable, as a result of G incidents which are- alleged:. to. have occurred prior to termination of the agreement. 14. Termination of Service Contracts Between County and c C1tY On termination by City of service contract with County or termination of said contrue;t by County for anycause, County and/or City .shall continue to defend, :indemnify and hold - 17 - ~ . harmless the other party for all claims and losses pursuant. to -the terms of this Agreement arising prior to the effective date . of said termination. Such termination of any contract by City shall not relieve City of its liability for payment of its reimbursement component necessary to fully reimburse County for the sums advanced by County to the Trust Fund, or for all sums .for which the Fund- may become liable, pursuant to provisions of this Agreement. 15. Litigation. If any legal. action should be brought. to determine the County's duty to defend City pursuant to the provisions of this j Agreement, or if any lega action. or any other proceeding is brought for the enforcement of this Agreement,. or because.. of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney's- fees. and other costs incurred in that i action or proceeding. in addition to any other relief to which it may be entitled. Where. the successful, party is the County, City shall reimburse the Trust Fund for all such:reasonable attorneys' fees and costs. Where the successful party is the City, County shall- i reimburse City for all its. reasonable attorneys' fees and costs, aid the Trust Fund shall not be utilized by the County far the payment of said fees and costs. - 18 - I IN WITNESS WHEREOF, the parties hereto' have caused this Agreement to be executed by their fully authorized officers the day and year hereinafter set forth.. CITY OF VERNON By: ~ Mayor .pro Te Thomas A. Ybarra APPROVED AS TO FORM: ATT JST this ~~4..e~day of ~117J~ , 199 199_ B . ~ By: y° City Attorney City Clerk David B. Brearley Bruce V. Malkenhorst COUNTY OF LOS ANGELES By: Chairman; .Board of Supervisors. APPROVED AS TO FORM:. ATTEST this day of , 199 DE WITT W. CLINTON LARRY J. MONTEILH County Counsel Executive Officer Board of Supervisors By: BY~ Deputy A:UdR11Tf1 - 19 - DATE: October 21, 1993 T0: David B. Brearley, City Attorney FROM.: Gloria Orosco, Chief Deputy City Clerk RE : JOINT INDEMNITY AGREEMENT j~~ITY COUNTY OF ?SOS ANGELES Dear David: The above referenced document(s) are being sent to you for your: signature approval review ~ e XXX approval as to form files, if needed Please attend to and return alldocuments as necessary. i Thank you and if-you have any questions please do not hesitate to contact me. / gJ o CITY COUNCIL ~ DAVID B. BREARLEY City Attorney LEONIS C. MALBURG , FAX: (818) 330-5818 Mayor VICTOR H. VAITS THOMAS A. YBARRA Director of Community Services & Water Mayor Pro-Tem FAX`. (213) 588-2761 Wm. "BILL" DAMS KENNETH J. DeDARIO Councilman Director of Light & Power H. "LARRY" GONZALES FAX: (213) 583-1983 as' Councilman B LARRY SPADT W. MICHAEL McCORMICK ~ ~ Fire Chief. ?i'i 'i FAX: (213) 581-138'5 Councilman _ LOUIS ROSENKRANTZ BRUCE V. MALKENHORST Police Chief City Administrator/City Clerk. CITY HALL FAX: (213, 58f-1178 FAx: (2.13)581-792a 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058. In Reply Rejer ~o: r TELEPHONE (213) 583-8811 October 14, 1993 City Council. City of Vernon , Honorable Members: We have received' a communication from the Los Angeles County Counsel, dated September 10', 1993, regarding an adjusted Contract Cities 1 Trust Fund Surcharge Rate that was effective September 1, 1993. Based on thin adjustment-there is a need to revise the Joint Indem- nty Agreement between the County of Los. Angeles and the City of Vernon. -This has been reviewed by the City Attorney and it is .hereby recommended that a'revised Joint Indemnity Agreement be approved and that the Mayor anal City Clerk be allowed to execute same. Thanking you in advance for your consideration in this matter., I~ Very~tru y yours , ~ Bruce V. Malkenhorst .City Clerk I Bi~M/g j o ~1~ - ~ COUNTY OF LOS ANGELES ~ ~i' . c~ . y _ a~ ~S.~OF LO q~~ OFFICE OF THE COUNTY COUNSEL .o-' ~1~`s 648 KENNETH HAHN HALL OF ADMINISTRATION ~ ~ • ~ • SOO WEST TEMPLE STREET UUU ~ LOS ANGELES, CALIFORNIA 90012 O'~4FOpN~P - TELEPHONE OE WITT W. GLINTO N, COUNTY COUNSEL (213) 974-5033 TELECOPIER (213) 617-1142 September 10, 1993 TO: CITY ADMINISTRATORS/CITY MANAGERS FROM : S . A . RE Z ~ ManagemeSpecialist RE: Contract Cities Trust Fund Surcharge Rate Joint Indemnity Agreement I This memo is to advise you and your city of the adjusted Contract Cities Trust Fund Surcharge Rate effective September 1, 1993. Also attached is the revised Joint Indemnity Agreement. TRUST FUND .SURCHARGE RATES The county and city are currently operating under the terms of ! two. contracts which govern. the. establishment of the trust fund surcharge rates to be paid by the cities. Effective September 1, 1993, the trust fund surcharge rate for. those cities still under. the Assumption- of Liability will be, 6.5~ for all contracted- services. Cities that executed the. original Joint indemnity Agreement will be charged 6.5~ for Sheriff services and 3~ for all .other services. REVISED JOINT INDEMNITY AGREEMENT The attached. revised Joint .Indemnity Agreement has been reviewed-and approved in .concept by your contract city subcommittee and Executive Committee. This agreement reflects the format and language requ.est~d by your representativesa It provides for multiple surcharge rates depending upon the type. of contracted service., and it establishes a cap on the annual surcharge rate increases.. I i y 1 ( c,,,~ City Administrators/City Managers September 10, 1993 .Page 2 estin ever cit to execute the ,attached revised We are requ g y Y Joint Indemnity Agreement to enable the contract cities program to operate under one contract. This revised Joint Indemnity Agreement will not be brought before the County Board of Supervisors .unless 'executed and returned by all cities. Once fully executed, the fiscal year 93/94 .surcharge. rate under this revised Joint Indemnity Agreement will be 6.5~ for Sheriff services and 3$ for all other services. If-this revised agreement is-not executed by each city and the County Board of Supervisors, the trust fund surcharge rate for fiscal year 1993-94 will remain as previously stated. PLEASE MAIL SIGNED CONTRACTS TO: Mr. Sal Reza Contract Cities Trust Fund Administrator Room 652, Kenneth Hahn Hall of Administration 500 West Temple Street Los Angeles, CA 90012 If you have any questions or require additional information, please call me at 974-3055. DWC:dca MISC\C\:000FPIES ec: Harry Hufford Chief Administrative Officer