Resolution No. 7596I RESOLUTION NO. 7596
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN
IMPLEMENTATION AGREEMENT BY AND BETWEEN THE CITY OF
4 VERNON AND GATEWAY CITIES COUNCIL OF GOVERNMENTS
CONCERNING THE I-710 CORRIDOR
5
6 WHEREAS, pursuant to Resolution No. 6941 adopted on
7 April 22, 1997, the City Council of the City of Vernon approved and
8 authorized the execution of a Joint Exercise of Powers Agreement
9 ("JPA") with the Gateway Cities Council of Governments ("Gateway");
10 and
11 WHEREAS, Section 21 of the JPA provides that, when authorized
12 by the Board of Directors, affected Members may execute an
13 Implementation Agreement for the purpose of authorizing Gateway to
14 implement, manage and administer area -wide and regional programs in
15 the interest of the local public welfare; and
16 WHEREAS, the I-710 Freeway provides primary access to the
17 City of Vernon; and
18 WHEREAS, the I-710 Corridor, including the Freeway itself,
19 interchanges, and major arterials serving the City of Vernon, is
20 currently beset with problems and deficiencies which impact the
21 economic viability and quality of life in the Vernon community; and
22 WHEREAS, the City of Vernon is interested in insuring that
23 appropriate improvements are made to the Freeway to insure proper and
24 adequate vehicular movement not only on the Freeway but on the
25 arterials that intersect the I-710, including arterials in and/or
26 serving the Vernon community; and
27 WHEREAS, Gateway, in cooperation with the California
28 Department of Transportation, the Los Angeles County Metropolitan
M
1 Transportation Authority, and the Southern California Association of
2 Governments are proposing to conduct a major Investment Study to
3 identify potential improvements to the I-710 Corridor; and
4 WHEREAS, in order to participate in the Investment Study,
5 Gateway is requiring each member city to pay its proportional share;
6 and
7 WHEREAS, Gateway has advised that the City of Vernon's
8 proportional share, based on impacts, is $75,000; and
9 WHEREAS, the City Council of the City of Vernon desires to
10 enter into an Implementation Agreement with Gateway to insure that
11 Vernon's concerns with the operation of the I-710 Freeway are
12 considered, and that Vernon has the opportunity to contribute input on
13 improvements that may take place in the,Vernon area.
14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
15 CITY OF VERNON AS FOLLOWS:
16 SECTION 1: The City Council of the City of Vernon hereby
17 finds and determines that the recitals contained hereinabove are true
18 and correct.
19 SECTION 2: The City Council of the City of Vernon hereby
20 approves the Implementation Agreement, a copy of which is attached
21 hereto as Exhibit "A" and made a part hereof.
22 SECTION 3: The City Council of the City of Vernon hereby
23 authorizes the Mayor and the City Clerk to execute said Agreement for,
24 ,and on behalf of, the City of Vernon.
25 SECTION 4: The City Council of the City of Vernon hereby
26 directs the City Clerk, or his designee, to send one fully executed
27 Agreement, a copy of this Resolution and a check in the sum of $75,000
28 for City's proportional share of the projected costs to:
- 2 -
1 Gateway Cities Council of Government
Attn: Richard Powers, Executive Director
2 7300 Alondra Boulevard, Suite 103
Paramount, CA 90723
3
SECTION 5: The City Clerk of the City of Vernon shall
4
certify to the passage of this resolution, and thereupon and
5
thereafter the same shall be in full force and effect.
6
APPROVED AND ADOPTED this 8ch day of August, 2000.
7
8 r
LEONIS C. MAL URG, M yor
9 ATTES
10 11 ��--
BRUCE V. MALKENHORST,- City Clerk
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 3 -
I STATE OF CALIFORNIA )
ss
2 COUNTY OF LOS ANGELES )
3
4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
5 hereby certify that the foregoing Resolution, being Resolution No.
6 7596, was duly adopted by the City Council of the City of Vernon at an
7 adjourned regular meeting of the City Council duly held on Tuesday,
8 August 8. 2000, and thereafter was duly signed by the Mayor of the
9 City of Vernon. /
10
BRUCE V. MALKENHORST, City Clerk
11
12 (SEAL)
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 4 -
EXHIBIT A
IMPLEMENTATION AGREEMENT
BY AND BETWEEN
GATEWAY CITIES COUNCIL OF GOVERNMENTS
AND
CITY OF VERNON
This Implementation Agreement ("Agreement") is made and entered into by and
between the Gateway Cities Council of Governments, a joint powers authority ("Gateway"), and
the City of Vernon a municipal corporation ("City");
WITNESSETH:
In consideration of the mutual covenants and conditions set forth herein, the parties
hereto do agree as follows:
Section 1. Recitals. This Agreement is made and entered into with respect to the
following facts:
(a) The I- 710 Corridor, including the freeway itself; interchanges, and major
arterials serving the corridor cities, is a principal "backbone" for mobility within the Los Angeles
County and Southern California region, supporting the local and regional workforce and
economy.
(b) The I-710 Corridor is a key link in the State and National system of trade and
commerce, connecting major manufacturing, warehousing and goods movement industries in the
Gateway Cities subregion, as well as the Ports of Long Beach and Los Angeles, to National and
international markets.
(c) The I-710 Corridor is currently beset with numerous problems, including:
severe peak period congestion; deteriorated pavement and facilities; substandard and deficient
interchanges, on -ramps, off -ramps, arterials and intersection; and safety hazards resulting from
all of the foregoing problems and deficiencies.
(d) These problems significantly impact the economic viability and quality of life
in cities and communities in the 1-710 Corridor.
(e) Projections included in the Regional Transportation Plan adopted by the
Southern California Association of Governments in April, 1998 make it clear that a
Iry #5589 v1 -1
3/13/00
A - 1
comprehensive, strategic and aggressively implemented set of solutions is needed in the I-710
Corridor to halt and reverse the negative impacts of these problems and deficiencies on the cities
and communities in the Corridor.
(f) The existing and projected deficiencies in the I-710 Corridor will, if
unresolved, significantly harm the regional, State and National economies, undermine the growth
and economic development of the Gateway Cities, and further exacerbate the negative impacts
on the cities and communities in the Corridor.
(g) The Gateway Cities Council of Governments is contemplating entering into
an agreement with the California Department of Transportation ("CALTRANS"), the Los
Angeles County Metropolitan Transportation Authority ("LACMTA"), and the Southern
California Association of Governments ("SCAG") to conduct a major investment study to
identify potential improvements to the 1-710 Corridor (the "Program").
(h) The parties hereto are each a governmental entity established by law with full
powers of government in legislative, administrative, financial, and other related fields.
(i) Section 21 of that certain Joint Exercise of Powers Agreement of the
Gateway Cities Council of Governments (the "JPA"), to which the City is a signatory, provides
that when authorized by the Board of Directors, affected Members may execute an
Implementation Agreement for the purpose of authorizing Gateway to implement, manage and
administer area -wide and regional programs in the interest of the local public welfare.
6) The Executive Committee of the Gateway Board of Directors is authorized
pursuant to the JPA to act on behalf of the Board of Directors, between meetings of the Board,
within the scope of the adopted budget and within basic policies of the Board.
(k) The costs incurred by Gateway in implementing a program, including indirect
costs, shall be assessed only to those Members who are parties to that Implementation
Agreement.
(1) City, by and through its legislative body, has determined that this Agreement
is required to authorize Gateway to implement, manage and administer the Program and is in
furtherance of the public interest, necessity and convenience.
Section 2. Term. The term of this Agreement commences upon its execution by
both parties and shall remain and continue in effect until completion of the Program described
and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full.
Section 3. Implementation of Program. The City hereby authorizes Gateway to
implement, manage and administer the Program. Gateway shall retain the right to reassign the
implementation, management and administration of the Program to CALTRANS, MTA and
other subcontractors, provided, however, that such reassignment is subject to the approval of the
Executive Committee of Gateway.
Iry #5589 vl -2-
3/13/00
A - 2
M
Section 4. Assessment for Proportional Costs of Program. The City agrees to pay to
Gateway upon execution of this Agreement an assessment in the amount of SEVENTY FIVE
THOUSAND DOLLARS ($75,000.00) for City's proportional share of the projected costs of the
Program.
Section 5. independent Contractor.
(a) Gateway is and shall at all times remain a wholly -independent contractor for
the performance of the obligations described in this Agreement. Gateway officers, employees
and agents performing such obligations shall at all times be under Gateway's exclusive control.
City shall have no control over the conduct of Gateway or any of its officers, employees or
agents, except as set forth in this Agreement. Gateway, and its officers, employees, or agents are
not and shall not be deemed to be employees of City.
(b) No employee benefits shall be available to Gateway in connection with the
performance of its obligations under this Agreement. Gateway is solely responsible for the
payment of salaries, wages, other compensation, employment taxes, worker's compensation, or
similar taxes for any employees for performing obligations hereunder.
Section 6. Indemnification. To the fullest extent permitted by law, City and
Gateway agree to save, indemnify, defend and hold harmless each other from any and all
liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses, or any injury or damage of any kind whatsoever, whether actual,
alleged or threatened, actual attorney fees, court costs, interest, defense costs and expenses
associated therewith including the use of experts, and any other costs of any nature without
restriction incurred in relation to, as a consequence of, or arising out of, the performance of this
agreement, and attributable to the fault of the other. Following a determination of the percentage
of fault and or liability by agreement between the parties or a court of competent jurisdiction, the
party responsible for liability to the other will indemnify the other party to this Agreement for the
percentage of liability determined as set forth in this section.
Section 7. Termination of Agreement. Either party may terminate this Agreement
for any reason, in whole or part, by giving the other party thirty (30) days written notice thereof.
Section 8. Miscellaneous.
(a) Notices. All notices which any party is required or desires to give hereunder
shall be in writing and shall be deemed given when delivered personally or three (3) days after
mailing by registered or certified mail (return receipt requested) to the following address or at
such other address as the parties may from time to time designate by written notice in the
aforesaid manner:
Iry #5589 v1 _3-
3/13/00
A -
To Gateway: Gateway Cities Council of Governments
7300 Alondra Boulevard, Suite 103
Paramount, CA 90723
Attention: Richard Powers, Executive Director
To City: City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Mr. Bruce Malkenhorst, City Manager
(b) Binding Effect. This Agreement shall be binding upon and inure to the
benefit of each party to this Agreement and their respective heirs, administrators, representatives,
successors and assigns.
(c) Amendment. The terms and provisions of this Agreement may not be
amended, modified or waived, except by an instrument in writing signed by the parties.
(d) Waiver. Waiver by any party to this Agreement of any term, condition, or
covenant of this Agreement shall, not constitute a waiver of any other term, condition, or covenant.
Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver
of any other provision, nor a waiver of any subsequent breach or violation of any provision of this
Agreement.
(e) Law to Govern; Venue. This Agreement shall be interpreted, construed and
governed according to the laws of the State of California. In the event of litigation between the
parties, venue in state trial courts shall lie exclusively in the County of Los Angeles.
(f) No Presumption in Drafting. The parties to this Agreement agree that the
general rule that an Agreement is to be interpreted against the party drafting it or causing it to be
prepared shall not apply.
(g) Entire Agreement. This Agreement constitutes the entire agreement of the
parties with respect to the subject matter hereof and supersedes all prior or contemporaneous
agreements, whether written or oral, with respect thereto.
(h) Severability. If an term, provision, condition or covenant of this Agreement
is declared or determined by any court of competent jurisdiction to be invalid, void or
unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the
Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
(i) Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which taken together shall constitute but
one and the same instrument, provided, however, that such counterparts shall have been delivered
to both parties to this Agreement.
Iry #5589 vI -4-
3/13/00
A - 4
v
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written.
ATTEST:
BRUCE V . MALKENHORST , City Clerk
Approved As To Form
EDUARDO OLIVO
CITY ATTORNEY
ATTEST: 40
Richard Powers, Secretary
Iry #5589 vl
3/13/00 A - 5
CITY OF VERNON
LEONIS C. MALBURG, Mayor
GATEWAY CITIES COUNCIL OF
GOVERNMENTS
a
Bruce Barrows,