Resolution No. 75481
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F
RESOLUTION NO. 7548
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
CONTRACT BY AND BETWEEN THE CITY OF VERNON AND
AMERICAN LAFRANCE OF LOS ANGELES, A DIVISION OF LOS
ANGELES FREIGHTLINER, FOR THE REFURBISHMENT OF A
SEAGRAVE LADDER
WHEREAS, the Fire Department of the City of Vernon has found
that it is necessary to repair the Seagrave ladder on fire truck unit
#21; and
WHEREAS, the Fire Department has only been able to find one
vendor, American LaFrance of Los Angeles ("American LaFrance"), that
has the expertise to refurbish the Seagrave ladder and is capable of
providing the necessary parts and labor to ensure that the ladder can
be re -certified by Underwriters Laboratories and returned to the City
within approximately 120 to 150 days; and
WHEREAS, the Fire Department needs to have the Seagrave ladder
back in service as soon as possible in order to be adequately equipped
in case of a fire emergency; and
WHEREAS, American LaFrance has submitted a Proposal dated
May 1, 2000, indicating the total cost of the refurbishment will be
Fifty -Nine Thousand Forty -Eight Dollars and No Cents ($59,048.00), plus
tax; and
WHEREAS, the City Council of the City of Vernon has determined
that, pursuant to the provisions of Subsection (a) of Section 2.27 of
the Vernon City Code, it is in the public interest and necessity to
proceed with the refurbishment of the Seagrave ladder and to contract
for the necessary refurbishment as soon as possible; and
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WHEREAS, by letter dated June 1, 2000, the City Clerk, has
recommended that the City Council approve the Contract for the
refurbishment of a Seagrave ladder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Contract with American LaFrance, a copy of which is
attached hereto as Exhibit "A" and made a part hereof.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Contract for,
and on behalf of, the City of Vernon.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send one fully executed
Contract to:
American LaFrance of Los Angeles
Attn: Joe Verrill, Manager
1049-A Vineyard Avenue
Ontario, CA 91761
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SECTION 5: 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.
APPROVED AND ADOPTED this 6th day of June, 2000.
ATTEST: /
BRUCE V. MALKENHORST, City Clerk
EONIS C. MAL URG, M or
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
7548, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Tuesday, June 6, 2000,
and thereafter was duly signed by the Mayor of the City of Vernon.
BRUCE V. MALKENHORST, City Clerk
(SEAL)
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1 WX go I
CONTRACT
THIS AGREEMENT is made, entered into and executed in
duplicate originals, either copy of which may be considered and used
as the original hereof for all purposes, as of this day of June,
2000, in the City of Vernon, County of Los Angeles, California
BY AND BETWEEN The City of Vernon
(hereinafter referred to as
the "City")
4305 Santa Fe Avenue
Vernon, CA 90058
AND AMERICAN LAFRANCE OF LOS
ANGELES, a Division of Los
Angeles Freightliner,
(hereinafter referred to as
"American LaFrance")
1049-A Vineyard Avenue
Ontario, CA 91761
WHEREAS, the City needs to refurbish a Seagrave ladder and
needs the services of a supplier to provide the parts and labor
necessary for the refurbishment; and
WHEREAS, American LaFrance has represented that it is a
reliable vendor and has expertise in refurbishing Seagrave ladders;
and
WHEREAS, American LaFrance desires to provide the necessary
parts and labor to refurbish the Seagrave ladder to the City's
specifications.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET
FORTH HEREIN:
1. Scope of Work. American LaFrance agrees to furnish
parts and labor to refurbish the Seagrave ladder according to the
I Proposal submitted to the City on May 1, 2000, a copy of which is
2 attached hereto as Exhibit "A" and incorporated herein by reference.
3 2. Price. Consistent with its Proposal, American
4 LaFrance agrees to provide parts and labor for the refurbishment of
5 the Seagrave ladder for the total sum of Fifty -Nine Thousand Forty-
6 Eight Dollars and No Cents ($59,048.00), plus tax.
7 3. Payment Terms. The City agrees to pay American
8 LaFrance a total of Fifty -Nine Thousand Forty -Eight Dollars and No
9 Cents ($59,048.00), plus tax, for parts and labor associated with the
10 refurbishment of the Seagrave ladder pursuant to an invoice provided
11 by American LaFrance.
12 4. Warranties. American-LaFrance shall provide, at a
13 minimum, a six (6) months warranty on "parts only" and a six (6)
14 months warranty on the labor performed to begin upon acceptance of the
15 refurbishment by the City. All manufacturers' warranties, any
16 warranties typically provided by American LaFrance, and any other
17 warranties made applicable by law shall apply to the parts and labor
18 provided by American LaFrance to refurbish the Seagrave ladder.
19 5. Governing Law. The validity, interpretation and
20 performance of this contract shall be controlled and construed under
21 the laws of the State of California.
22 6. Notices. Notices to the parties, unless otherwise
23 requested in writing, shall be sent to:
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25 City: THE CITY OF VERNON
ATTN: DOLORES FONSECA
26 PURCHASING ASSISTANT
4305 SANTA FE AVENUE
27 VERNON, CA 90058-0805
28
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I American LaFrance: AMERICAN LAFRANCE OF LOS ANGELES
2 ATTN: JOE VERRILL, MANAGER
1049-A VINEYARD AVENUE
3 ONTARIO, CA 91761
4 7. General Provisions.
5 A. Independent Contractor. At all times during the
6 term of this Contract, American LaFrance shall be an independent
7 contractor and shall not be an employee of the City. The City shall
8 have the right to control American LaFrance only insofar as the
9 results of American LaFrance's services rendered pursuant to this
10 Contract; however, the City shall not have the right to control the
11 means by which American LaFrance accomplishes services rendered
12 pursuant to the Contract except to the extent that such services
13 involve the use of City property or Confidential Information.
14 B. American LaFrance Not Agent. Except as the City
15 may specify in writing, American LaFrance shall have no authority,
16 express or implied, to act on behalf of the City in any capacity
17 whatsoever as an agent. American LaFrance shall have no authority,
18 expressed or implied, pursuant to this Contract to bind the City to
19 any obligation whatsoever.
20 C. Indemnification. American LaFrance shall
21 indemnify, defend, protect and hold the City and its officers, agents
22 and employees, free and harmless from and against any and all claims,
23 demands, losses, damages, liabilities, fines, charges, penalties,
24 orders, judgments and all costs and expenses incurred in connection
25 therewith, including reasonable attorney's fees and costs of defense
26 arising out of the services performed under this Contract, except to
27 the extent arising from or caused by the sole negligence or willful
28 misconduct of the City, its officers, agents or employees.
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D. Comprehensive General and Automobile Insurance.
American LaFrance agrees to provide insurance in the amounts and forms
specified in Exhibit "B," which is attached hereto and made a part
hereof by reference. Comparable coverage shall be provided for each
subcontractor used in the performance of this Contract. American
LaFrance shall submit to the City documentation indicating compliance
with these minimum requirements no less than one (1) day prior to the
beginning of performance under this Contract. American LaFrance shall
not commence performance of its services under this Contract until the
above insurance has been obtained and proof of insurance has been
filed with and approved by the City.
B. Entire Agreement. This Contract is the entire
agreement of the parties. American LaFrance represents that in
entering into this Contract, it has not relied on any previous
representations or understandings of any kind or nature.
9. Benefit of Agreement. This Contract shall bind and
benefit the parties hereto and their heirs, successors, and permitted
assigns.
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IN WITNESS WHEREOF, the parties have caused this Agreement to
be executed by and through their authorized officers on the date,
month and year first written above.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
EDUARDO OLIVO, City Attorney
NZ
CITY OF VERNON
LEONIS C. MALBURG, Mayor
AMERICAN LAFRANCE OF LOS ANGELES
By:
Title.
By:
Title.
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EXHIBIT A
MAY-31-2000 WED 11:54 AM EDUARDO OLIVO FAX NO. 1 P. 01
'OS/02/00 07:32 FAX ► OLIVO 002
9096066820 A L F l- A FIZTI-W ► PAGE 01
May 1, 2000
01
Attn: Rick
Vernon Find Deparrmant -
ipi9ava,wa^wm 4305 Santa Fa Avenue
aa+aa► aroT vown, CA 90058
d�++a�l etoo
h,�et9p�11veeam l3E. Estimate
rnowtaheb �+�eon+ Saagrave ladder
Door Flick;
We propose to Perform the following as par your request.
Remove complete ladder
Ship ladder to Seagrave for refurbishirtg
• Seagrstve will perform the followings t
Complately disassemble ladder. all rollers, cables, pulleys,
etc.
-Sand bleat sit ladder sections
-All ladder sections shall be put back in fixtures, sections
straightened and visible damage repWred.
-Have independent inspection company megneflux all ladder
sootions
-Repair sections as magnafluxklg May require and receive
Independent certification
-Prim* end paint all sectiorm
-Replace all sheave wheels
-Reassemble ladder sections, using new cables and new rung
covers. Nylatron slide blocks will be installed as well es
miscellaneous parts as required
-Test ladder on test rack
-Ship to American L+eFrance of Los Angelus
« Upon receipt of ladder, we will perform the following
—Install now hydraulic hoses on ts,mtabia
--Aspair hydraulic valve on turntable
Replace all hardware for mounting of ladder and lifting
cylinder
Rernount ladder on truck
Have ladder recertified by Underweltdra laboratories before
returning apparatus to custorner
Total cost for the aforamontioned work will be t' 459,048.00 plus any
apoGcableo taxes.
A ate+ o. Los Angeles FrelgWnvr
A - 1
MAY-31-2000 WED 11:54 AM EDUARDO OLIVO
05/02/00 07:32 FAX
05I0112000 11:57 909066820
Anlilfti u [AFirANN d to Aaift
FAX NO. I
y OLIVO
A L F LAFRTLNR
P. 02
Ply( F tlt
**Please noto: !''rive DOES NOT include any section replacement. At
this tune, Seagrove doss not bellave that theft Is any section that
cannot be repaired by placing knack into the fixture for repair.
The ObOve price DOES include all shipping to and from $eagr?ve and it,
DOES include the aerial re -certification by UL.
The approximate dower -time will be 120 to ISO days {returned to
austomerl.
Respectfully,
Authorized signature for acceptance
JOE VERfiILL 44 Date
Manager
JVlni
A'- 2
MAY-31-2000 WED 11:55 AM EDUARDO OLIVO FAX NO. 1
vai v�coau �o: 4i ao�deadn;�n A L F L A FRTLNR
AWIM WrIeC! d (A A316
P. 03
PAGE el
yo�a,•tvq
May 1, 2000
n !mil ?bde6t., Attu; :'-Rick '
Fire Department Vernon •
`; "'"""_? !'aR•�?!* fir;: ;,. 4305 pta F*-Avenue
. Saa�rave 4adder - 4 warrranty
Deal Hick: ,
We. n4l. ctid,ta:incdudc the W rranty information when' we
subrnitted
our "Ostim, to to rafurblsh the Saagteve ladder. .Pt a note the
Six (8) rn*nths warranty on "pikra poly" for the refurb from
5tgrave.
Siic (8) rno6ths warranty on the labor work done by American t o
F'irsrics of Lot Aneales.
Thank you for your cooperation and understanding in our Oversight.
Ra3pectfuliy,
97�r
501= VF-R;tI L,.,r
Me+�dgix .
JV/nl
A avJrlan at Las Anceloe Fraiphtltnw
A - 3
too0AI'I0 XVA WAY AA/ic/so
1 EXHIBIT B
2 INSURANCE SCHEDULE (AMERICAN LAFRANCE)
3 American LaFrance shall provide proof of insurance, including a standard certificate of insurance, in at
4 least the following amounts and coverage (combined single limit permitted):
5 I. Coverage and Limits
Bodily Injury Property Damage
6 Hazards Each Person Each Accident Each Accident
7 Automobile Liability.
8 Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Hired Automobiles $ 500,000 $1,000,000 $ 500,000
9 Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Workers' Compensation $ Statutory
10 Employers' Liability $1,000,000 per employer
11 II. General and Professional Liability
12 General Liability $1,000,000 $2,000,000 $1,000,000
13 Premises Operations $1,000,000 $2,000,000 $1,000,000
Elevators (if applicable) $1,000,000 $2,000,000 $1,000,000
14 Independent Contractors $1,000,000 $2,000,000 $1,000,000
Products - Completed Operations $1,000,000 $2,000,000 $1,000,000
15 Contract Liability $1,000,000 $2,000,000 $1,000,000
161 Professional Liability $ 500,000 $ 500,000 $ 500,000
17 a. The general liability policy shall contain the following special endorsements which shall be noted on
or attached to the standard certificate of insurance:
18
I. An endorsement naming the City of Vernon, its officers, and employees as additional insureds
19 under the policy.
2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material
20 reduction of coverage.
21 3. An endorsement providing coverage for all operations under this Agreement.
4. Such other endorsement as may be required by addendum hereto.
22
b. In addition to the standard certificate of insurance, proof of general and professional liability
23 coverage shall be furnished in the form checked below. Certification of the following proofs by the
24 insurance agent or broker will not be accepted:
25 X For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and
statements in the standard certificate of insurance (attached thereto) are true and correct and that
26 the signator is an officer authorized to so certify.
27 _ A copy of each policy certified by an officer of the underwriter or carrier and notarized.
28
EXHIBIT B