Resolution No. 7657J � �
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RESOLUTION NO. 7657
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT FOR REIMBURSEMENT OF COSTS AND
INDEMNIFICATION BY AND BETWEEN THE CITY OF VERNON
AND SAULSBURY FIRE RESCUE, INC. AND RATIFYING THE
TRANSPORTATION AND DISPLAY OF VERNON'S URBAN SEARCH
AND RESCUE VEHICLE
WHEREAS, Saulsbury Fire Rescue, Inc. ("Saulsbury") requested
that the City of Vernon allow the display of its Urban Search and
Rescue ("USAR") vehicle at the Reno Nevada Fire Chief's Show from
October 31, 2000 through November 5, 2000; and
WHEREAS, in order to meet the urgent need of Saulsbury for
the display of the USAR vehicle at the show, the City Administrator
authorized the Vernon Fire Department, subject to the City Council
authorizing the transport and display of the USAR vehicle, subject to
Saulsbury agreeing to pay all costs relating to the transportation and
display of the USAR vehicle and to indemnify the City for any incidents
that might occur in connection therewith; and
WHEREAS, on or about October 31, 2000, Saulsbury executed the
Agreement for Reimbursement of costs and Indemnification; and
WHEREAS, the City Council desires to approve and ratify the
transportation and display of the USAR vehicle at the Reno Nevada Fire
Chief's Show and desires to approve and authorize the execution of an
agreement with Saulsbury.
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.
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SECTION 2: The City Council of the City of Vernon hereby
approves, authorizes and ratifies the transportation and display of the
USAR vehicle at the Reno Nevada Fire Chief's Show from October 31, 2000
to November 5, 2000.
SECTION 3: The City Council of the City of Vernon hereby
approves the Agreement for Reimbursement of Costs and Indemnification,
a copy of which is attached hereto as Exhibit "A" and made a part
hereof.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute the Agreement for,
and on behalf of, the City of Vernon.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send a fully executed
Agreement to:
SAULSBURY FIRE RESCUE, INC.
ATTN: PATRICK R. MCMURRAY, FINANCE DIRECTOR
P.O. BOX 690
TULLY, NEW YORK 13159
SECTION 6: 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 7th day of November, 2000.
LEONIS C.
ATTEST • p<
BRUCE V. MALKENHORST, City Clerk
, Ma
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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.
7657, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Tuesday, November 7.
2000, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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AGREEMENT FOR REIMBURSEMENT OF COSTS AND INDEMNIFICATION
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 October, 2000, in the City of Vernon, County of Los
Angeles, California
BY AND BETWEEN
' 0-9
THE CITY OF VERNON, a
municipal corporation,
(hereinafter referred to as
the "City")
4305 Santa Fe Avenue
Vernon, Ca 90058-0805
SAULSBURY FIRE RESCUE, INC.,
(hereinafter referred to as
"Saulsbury")
Post Office Box 690
Tully, New York 13159
RECITALS:
WHEREAS, Saulsbury desires to display one of the City's
fire trucks (the "Fire Truck") at the Nevada Fire Chief's Show
for the period of October 31, 2000 through November 5, 2000; and
WHEREAS, two (2) Vernon Fire Engineers will be required
to transport the Fire Truck to and from the Fire Chief's Show;
and
WHEREAS, the City is willing to transport the Fire
Truck and make it available for display so long as Saulsbury
agrees to pay all costs associated with the transport of the Fire
Truck and to indemnify and hold the City harmless for any damages
that may result from Saulsbury's performance of this Agreement.
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NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL
COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION 1: TRANSPORT OF FIRE TRUCK.
Two (2) Vernon Fire Engineers will transport the Fire
Truck to and from the Fire Chief's Show. No other individuals
shall be authorized to drive the Fire Truck at any time.
SECTION 2: INSURANCE.
Saulsbury shall provide insurance that shall cover any
property damage to the Fire Truck and all liabilities for any
personal injuries associated with the transport, display or
exhibition of the Fire Truck. Such insurance shall be in the
amounts of at least $2,000,000.00 for each incident and shall be
evidenced by an appropriate certificate of insurance.
SECTION 3: PAYMENT OF COSTS.
Saulsbury shall pay for all costs associated with the
transport of the Fire Unit to and from the Fire Chief's Show,
including, but not limited to, suitable lodging for the two (2)
Fire Engineers transporting the Unit to the Show from October 31
through November 5, 2000; the cost of all diesel fuel required by
the Fire Unit for travel to and from the Fire Chief's Show; the
cost of all meals for two (2) Vernon Fire Engineers, including
breakfast, lunch and dinner at $30.00 per day for each
firefighter; and all registration costs for the Fire.Tech Reno
School 2000 for the two (2) Fire Engineers ($275.00 x 2 =
$500.00).
SECTION 4: TERM.
The term of this Agreement shall be from October 31,
2000 to November 5, 2000.
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SECTION 5: METHOD OF PAYMENT.
Saulsbury shall pay all costs directly as they are
incurred.
SECTION 6: CAPACITY AS INDEPENDENT CONTRACTOR.
The provision of services by Saulsbury under this
Agreement shall be in the capacity of an independent contractor
and not as an employee of the City. For that reason, Saulsbury
will not receive any payment for holidays or vacations. Saulsbury
agrees that Vernon, its officers, employees, agents,
representatives and sureties shall not be liable or responsible
for any benefits, including, but not limited to, worker's
compensation, disability, retirement, life insurance,
unemployment insurance, any insurance benefits, or any other
benefits other than those set forth in Section 3 above.
Saulsbury agrees that it shall not sue or file a claim, petition,
or application therefore against the City or any of the City's
officers, employees, agents, representatives, or sureties. j
SECTION 7: AMENDMENT..
The terms and conditions of this agreement can only be
amended by a written agreement between the parties hereto.
SECTION 8 INDEMNIFICATION.
Saulsbury shall indemnify and hold the City its
officers, its City Council and employees harmless for any
liability that may result from the transport and display of the
Fire Truck pursuant to this Agreement.
SECTION 9: NOTICES.
Notices and communications concerning this Agreement
shall be sent to the following addresses:
K
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1 Vernon i THE OTTY of VORWON
9 A'Y'TVMION s CxTY AbMINI STRATOR
4305 SANTA FE AVM=
3 V£RNGN, CA P0058-0805
4 Contractor= WIM OLLEY
5 SAULSBURY FIRE RESCUR, TNC.
pest Office Bain 690
6 fully, New York 13159
T SH LX_ON 10: ASSIGNMENT.
8 Neither the City nor Saulsbury shall aamign or transfer
9 its interest in thie Agreement.
10 SECTION lit GOVERNING LAW,
It The lawn of the State of California shall govern the
xa Xighta, obligations, dutiee and liability of the parties to this
13 Agreement and *hall also govern the interpretation of this
ASrreement ,
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15 IN WxTNBSS WHBnoF, the pa.rtien hereto have caused this
Agreement to be executed as of the day, month and year first above
Is
written,
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ie TH8 CITY OF VERNom
19 Byt ----- - --
LEONTB C. MALHURG, Mayor
20 A'YTTES,,, .
31 Eyi
ZZ SRUCB V. NAL►KENHORST, City clmrk
23 APPROVED AS TO FORMt
34 By►
23.
EDUARDO OLIVO, City Attox-ney
26 SAVIe9$V' Y FIRE RESCUE, INC.
Ae
s? Byt
Title.-
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SUPPORTING
DOCUMENTS
Memo
To: Bruce V. Malkenhorst, City Administrator
From: Battalion Chief Michael A. Wilson
Date: November 1, 2000
Re: Reno Nevada Fire Chief Show
In September I had discussed this matter with you and after obtaining your approval, we have
proceeded to make arrangements to have'the USAR Vehicle driven by two Vernon Fire Department
Engineers to be displayed at the Reno Nevada Fire Chiefs Show.
Saulsbury Fire Equipment has agreed to pay for food, lodging, schooling and One thousand dollars
in shelving for the USAR Vehicle, which is a benefit to the City of Vernon.
The agreement from Saulsbury Fire Equipment to incur any and all costs and general liability for
personnel and the display of the USAR (Urban Search and Rescue) Vehicle at the Reno Fire Chief
Show has been reviewed and approved by the City Attorney.
Respectfully request that said agreement is ratified at the City Council meeting, which will beheld on
Tuesday, November 7, 2000.
MAWAam
0 Page 1
To: Gloria Orosco, Chief Deputy City Clerk
From: Judy
Date: 12/20/00
Re: Saulsbury Fire Rescue, Inc. — Agreement for Reimbursement of Costs and
Indemnification
By Resolution No. 7657 adopted on November 7, 2000, the aforementioned Agreement
was approved.
Attached is one original Agreement which has been signed by Saulsbury and approved
as to form by Mr. Olivo. Forward a conformed copy to Saulsbury after City's execution.
If you need further information from me, please advise.
cc: Eduardo Olivo
00VT-30-2000 MON 03:01 PM EDUARDO OLiVO ''FAX NO. 1 ,P•02
AGREEMENT FOR REIMBURSEMENT OF COSTS AND INDEMNIFICATI
ION
a
3 THIS AGREEMENT is made, entered into and executed in
4 duplicate originals, either copy of which may be considered and
5 used as the original' hereof for all purposes, as of this
6 day of October, 2000, in the City of. Vernon, County of Los
7 Angeles, California
8 BY AND BETWEEN THE CITY'
OF VERNON, a municipal
9 corporation, (hereinafter
referred to as the
10 "City„)
4305 Santa Fe Avenue
11 Vernon, CA 90058-0805
12 AND SAULSBURY FIRE RESCUE,
13 INC., (hereinafter
referred to as
14 "Saulsbury")
Post Office Box 690
15 Tully, New York 13159
16
RECITALS':
17 WHEREAS, Saulsbury desires to display one of the City's
18 fire trucks (the "Fire Truck") at the Nevada Fire Chiefs Show
19 .for the period of October 31, 2000 through November 5, 2000; and
20 WHEREAS, two (2) Vernon Fire Engineers will be required
21to transport the Fire Truck to and from the Fire Chief's Show;
22 and
23 WHEREAS, the City is willing to transport the Fire
24 Truck and make it available for display so -long as Saulsbury
25 agrees to pay all costs associated with the transport of the Fire
26 Truck and to indemnify and hold the City harmless for any damages
27 that may result from Saulsbury's performance of this Agreement.
28
i
OCT-30-2000_MON 03:02 PM EDUARDO OLIVO FAX NO, I P. 03
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NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL
COVENANTS, THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION 1: TRANSPORT OF FIRE TRUCK.
Two (2) Vernon Fire Engineers will transport the Fire
Truck to and from the Fire Chief's Show. No other individuals
shall be authorized to drive the Fire Truck at any time.
SECTION 2: INSURANCE.
Saulsbury shall provide insurance that shall cover any
property damage to the Fire Truck and all liabilities for any
personal injuries associated with the transport, display or
exhibition of the Fire Truck. Such insurance shall be in the
following amounts and shall be evidenced by an appropriate
certificate of insurance:
RRCTTnM Z DANruvxTrs ^1M nnmmn
Saulsbury shall pay for all costs associated with the
transport of the Fire Unit to and from the Fire Chief's Show,
including, but not limited to, suitable lodging for the two (2)
Fire Engineers transporting the Unit to the Show from October 31
through November 5, 2000; the cost of all diesel fuel required by
the Fire Unit for travel to and from the Fire Chief's Show; the
cost of all meals for two (2) Vernon Fire Engineers, including
breakfast, lunch and dinner at $30.00 per day for each firefighter;
and all registration costs for the Fire Tech Reno School 2000 for
the two (2) Fire Engineers ($275.00 x 2 = $500.00).
SECTION 4: TERM.
The term of this Agreement shall be from October 31, 2000
to November 5, 2000.
2
OCT-30-2000 MON 03.02 PM EDUARDO OLIVO -FAX NO. 1
P. 04
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SECTION 5: METHOD OF PAYMENT.
Saulsbury shall pay all costs directly as they are
incurred.
SECTION 6: CAPACITY AS INDEPENDENT CONTRACTOR.
The provision of services by Saulsbury under this
Agreement shall be in the capacity of an independent contractor and
not as an employee of the City. For that reason, Saulsbury will
not receive any payment for holidays or vacations. Saulsbury agrees
that Vernon, its officers, employees, agents, representatives and
sureties shall not be liable or responsible for any benefits,
including, but not limited to, worker's compensation, disability,
retirement, life insurance, unemployment insurance, any insurance
benefits, or any other benefits other than those set forth in
Section 3 above. Saulsbury agrees that it shall not sue or file a
claim, petition, or application therefore against the City or any
of the City's officers, employees, agents, representatives, or
sureties.
SECTION 7: AMENDMENT.
The terms and conditions of this agreement can only be
amended by a written agreement between the parties hereto.
SECTION 8: INDEMNIFICATION.
Saulsbury shall indemnify and hold the City its
officers, its City Council and employees harmless for any
liability that may result from the transport and display of the
Fire Truck pursuant to this Agreement.
SECTION 9: NOTICES.
Notices and communications concerning this Agreement
shall be sent to the following addresses:
3
OCT-30-2000 MON 03 02 PM EDUARDO OLIVO • FAX NO. 1 P. 0,5
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Vernon: THE CITY OF VERNON
ATTENTION: CITY ADMINISTRATOR
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
Contractor: TIM OLLEY
SAULSBURY FIRE RESCUE, INC.
Post Office Box 690
Tully, New York 13159
SECTION 10: ASSIGNMENT.
Neither the City nor Saulsbury shall assign or transfer
its interest in this Agreement.
SECTION 11: GOVERNING LAW.
The laws of the State of California shall govern the
rights, obligations, duties and liability of the parties to this
Agreement and shall also govern the interpretation of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed as of the day, month and year first above
written,
THE CITY OF VERNON
By: l
EONIS C. MALBLkp, Mayor
ATTEST:
By.
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
By: el
EDUARDO OLIVO, City Attorney
SAULSBURY FIRE RESCUE, INC.
By: --
/
n
M 'CITY COUNCIL
y LtONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
City Council
City of Vernon
Honorable Members:
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
November 2, 2000
EDUARDO OLIVO
City Attorney
FAX: (562) 927-8722
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
At the request of the manufacturer of our Urban Search and Rescue
(USAR) vehicle, Saulsbury Fire Equipment, the Fire Department has
proceeded and made necessary arrangements to have our USAR vehicle
displayed at the Reno Nevada Fire Apparatus Show on November 2,3, and
4, 2000. The vehicle will be driven to Reno by two Vernon Fire
Department Engineers and will be returning on Sunday, November 5,
2000.
As a condition of this request Saulsbury Fire Equipment has agreed to
assume liability of the vehicle from the time it leaves the City until
it returns and also pay for food, lodging, schooling and one thousand
dollars for additional shelving in the USAR Vehicle. An agreement
from Saulsbury Fire Equipment that dictates they shall incur any and
all costs transporting said vehicle and general liability for
personnel and the display of the USAR vehicle at the show and during
transportation to and from the show has been reviewed and approved by
the City Attorney and it is hereby recommended that said agreement be
approved and executed.
Very truly yours,
v.
ruse V. Mal e�ao-
rst
City Administrator/City Clerk
BVM/ng
I.1�1_C�iL•7
TO: Bruce V. Malkenhorst, City Administrator
From: Battalion Chief Michael A. Wilson t�
Date: November 1, 2000
Re: Reno Nevada Fire Chief Show
In September I had discussed this matter with you and after obtaining your approval, we have
proceeded to make arrangements to have'the USAR Vehicle driven by two Vernon Fire Department
Engineers to be displayed at the Reno Nevada Fire Chiefs Show.
Saulsbury Fire Equipment has agreed to pay for food, lodging, schooling and One thousand dollars
in shelving for the USAR Vehicle, which is a benefit to the City of Vernon.
The agreement from Saulsbury Fire Equipment to incur any and all costs and general liability for
personnel and the display of the USAR (Urban Search and Rescue) Vehicle at the Reno Fire Chief
Show has been reviewed and approved by the City Attorney.
Respectfully request that said agreement is ratified at the City Council meeting, which will be held on
Tuesday, November 7, 2000.
MAW/lam
0 Page 1
,O�
Memo
-To: Bruce V. Malkenhorst, City Administr t
From: Battalion Chief Michael A. Wilson
Date: October 31, 2000
Re: USAR (Urban Search and Rescue) Apparatus
The USAR (Urban Search and Rescue) Apparatus will be leaving for Reno, Nevada
tonight, October 31, 2000 at 9:00 p.m. and will be returning on Sunday, November 5,
2000.
The City Attorney has reviewed and approved the contract by Saulsbury Fire
Rescue, Inc.
MAW/lam
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NOV-01-2000 WED 04:51 PM ARDO OLIVO FAX NO. 1� P. 01
Post -its' Fax Note 7671
Date I
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Fax It
Memo
To: Bruce V. Malkenhorst, City Administrator
From: Battalion Chief Michael A. Wilson.01-1
Date: September 12, 2000
Re: USAR Apparatus
'1_7 V-,�nt::
Per our conversation on Friday, September 8, 2000 regarding the USAR Apparatus, this is an
update.
We expect delivery of the USAR within 10 days, all went very well, we had some minor changes that
were addressed and completed at the shop in New York, We have had many upgrades in the
vehicle, because it will be displayed at the Reno, Nevada Fire Apparatus show. The trays for the
generators were fabricated and installed. Saulsbury Fire. Equipment will absorb the cost of $1000.
for that work.
Saulsbury Fire Equipment will be faxing the legal paperwork for the Reno, Nevada Fire Apparatus
show planned for November 2, 3 & 4, 2000, which states:
• Saulsbury Fire Equipment will assume all liability for the vehicle from the time it leaves the
City until the time it returns,
• All expenses paid trip for two (2) Vernon Fire personnel to drive the vehicle, lodging and
return the vehicle to the City.
Enclosed are some digital pictures of the USAF Apparatus.
MAWAam
;Enclosures
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