Resolution No. 8845
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RESOLUTION NO. 8845
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXEC8TION OF
AN AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND
THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
REGARDING TRASH EXCLUDERS IN THE CITY OF VERNON
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WHEREAS, on December 131 2001, the California Regional Water
Quality Control Board, Los Angeles Region, adopted Order No. 01-182, a
National Pollutant Discharge Elimination System Permit for Municipal
Storm Water and Urban Runoff Discharges within the County of Los
Angeles and the incorporated cities therein, except the City of Long
Beach (the "NPDES Permit"); and
WHEREAS, the Solid Waste Disposal and Codisposal Site
Cleanup Program (the "Program") is part of an effort to reduce trash
deposited in the Los Angeles River and eventually into the Los Angeles
Harbor; and
WHEREAS, the City is part of the Los Angeles River Watershed
under the NPDES Permit and is subject to a Trash Total Maximum Daily
Load requirement of the NPDES Permit that requires the City to reduce
the trash from the City over the next ten (10) years; and
WHEREAS, the City desires to conduct a test case to reduce
the amount of trash entering storm drains within the City; and
WHEREAS, the Los Angeles County Flood Control District (the
"District") has secured grant funding on a reimbursement basis under
the Program from the California Integrated Waste Management Board to
install trash excluders in catch basins as a pilot program to gauge
the effectiveness of the trash excluders; and
WHEREAS, the District will finance, contract, administer and
1 install 25 trash excluders in the City of Vernon catch basins (the
2 "Project") at no cost to the City; and
3 WHEREAS 1 the City will be responsible for the future
4 maintenance, operation, repair and future replacement of trash
5 excluders upon completion of the Project; and
6 WHEREAS, the City Council of the City of Vernon has
7 determined that, pursuant to the provisions of subsection (a) of
8 Section 2.27 of the Vernon City Code, it is in the public interest and
9 necessity to enter into an agreement with the District.
10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
11 CITY OF VERNON AS FOLLOWS:
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SECTION 1:
The City Council of the City of Vernon hereby
13 finds and determines that the recitals contained hereinabove are true
14 and correct.
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SECTION 2:
The City Council of the City of Vernon hereby
16 approves the Agreement with the Districtl in substantially the same
17 form as the copy which is attached hereto as Exhibit A and
18 incorporated by reference.
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SECTION 3:
The City Council of the City of Vernon hereby
20 authorizes the Mayor to execute said Agreement for, and on behalf of,
21 the City of Vernon and the Acting City Clerk is hereby authorized to
22 attest thereto.
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SECTION 4:
The City Council of the City of Vernon hereby
directs the Acting City Clerk, or his designee, to send two' original
signed Agreements to:
Los Angeles County Flood Control District
Attn. Donald L. Wolfe, Acting Chief Engineer
Department of Public Works
P.O. Box 1460
Alhambra, CA 91802-1460
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SECTION 5:
The Acting City Clerk of the City of Vernon
2 shall certify to the passage of this resolution, and thereupon and
3 thereafter the same shall be in full force and effect.
4 APPROVED AND ADOPTED this 7th day of September, 2005.
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~M!/,;#~~ ·
---- . LEONIS C.' LBUR, Mayor
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ATTEST:
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BRUCE V. NHORST, JR., Acting City Clerk
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1 STATE OF CALIFORNIA
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ss
COUNTY OF LOS ANGELES
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4 I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of
5 Vernon, do hereby certify that the foregoing Resolution, being
6 Resolution No. ~845, was duly adopted by the City Council of the City
7 of Vernon at a regular meeting of the City Council duly held on
8 Wednesday, September 7, 2005, and thereafter was duly signed by the
9 Mayor of the City of Vernon.
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(SEAL)
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BRUCE V. MALKENHORS
Acting City Clerk
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EXHIBIT
A
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AGREEMENT
THIS AGREEMENT, made and entered into by and between the CITY OF
VERNON, a municipal corporation in the County of Los Angeles. hereinafter referred to
as "CITY," and the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT. a bOdy
corporate and politic, hereinafter referr~d to as "DISTRICT":
W!TNESSETH
WHEREAS, DISTRICT is a political entity separate and distinct from the County
of Los Angeles "COUNTY" and is governed by the COUNTY Board of Supervisors,
pursuant to Section 3 of the Los Angeles County Flood Control Act; and '
WHEREAS. pursuant to Section 56-3/4 of the COUNTY Charter, the DISTRICT'S
functions are performed by COUNTY'S Department of Public Works; and
WHEREAS. it is understood that the rights and obligations of DISTRICT herein
apply solely to DISTRICT and not to COUNTY, and that it is intended that any provision
herein for the protection of DISTRICT shall also apply to COUNTY, its Director. officers.
employees. and agents performing functions on behalf of DISTRICT; and
, WHEREAS, CITY desires to conduct a.test.case to reduce the amount of trash
entering storm drains within CITY by having DISTRICT install 25 "TRASH EXCLUDER,"
which partially block the openings of catch basins within CITY str~ets, in approximately
25 CITY owned catch basihs, to keep trash from entering the catch basins; and
WHEREAS. DISTRICT will administer the procurement and installation of
TRASH EXCLUDERS in the CITY, hereinafter referred to as "PROJECT"; and
WHEREAS, DISTRICT has obtained grant funding on a reimbursement basis.
under the Solid Waste Disposal and Codisposal Site Cleanup Program from the
California Integrated Waste Management Board, hereinafter referred to as "CIWMB," for
PROJECT; and
WHEREAS. DISTRICT is willing to finance CONSTRUCTION CONTRACT
COST at no cost to CITY, currently estimated to be $55.000, to be reimbursed by
CIWMB; and
WHEREAS. CITY is willing to accept TRASH EXCLUDERS and be responsible
for the operation (which includes patrolling TRASH EXCLUDERS, especially during
storms, to make sure that they are functioning properly and to relieve plugging when
necessary), maintenance, repair. and future replacement of TRASH EXCLUDERS upon
completion of PROJECT; and
WHEREAS, PROJECT is entirely within the jurisdictional limits of CITY.
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NOW. THEREFORE, the parties mutually agree as follows:
(1) DEFINITIONS:
a. CONTRACT DOCUMENT PREPARATION" as referred to in this
AGREEMENT. shall consist of environmental documentation; preparation
of location maps. specifications, and cost estimates, based on records and
measurements provided by CITY; and advertise PROJECT for
construction bids.
. b. CONSTRUCTION CONTRACT COST, as referred to in this
AGREEMENT, shall consist of all payments to the Contractor or utility
owners for construction of PROJECT and is currently estimated to be
$55,000.
c. CONSTRUCTION ADMINISTRATION, . ,as referred to in this,
AGREEMENT, shall consist of construction contract administration,
construction inspection. materials testing, construction survey, changes
and modification of location maps and specifications for PROJECT,
necessitated by unforeseen or unforeseeable field condjtions encountered
dUring construction of PROJECT, and all other necessary work after
advertising of PROJECT for construction bids to cause PROJECT to be
constructed in accordance with the location maps and specifications
approved by CITY. '
d. RIGHT-OF-WAY ACQUISITION, as referred to in this AGREEMENT, shall
consist of investigation and preparation of search maps for right-of-way
identification; property appraisals; title reports; preparation of legal
descriptions; acquisition of any parcel of land and easements including
negotiations, condemnation activities, and escrow costs; clearing any
improvements within right of way; obtaining permits to enter other
property; incidental and litigation expense; and all other work necessary to
acquire ,right of way for construction of PROJECT.
(2) CITY AGREES:
a. To review various types of "TRASH EXCLUDER" suggested by
DISTRICT, perform appropriate analysis, and then select the most
appropriate type for CITY'S catch basin. CITY shall inform DISTRICT of
its selection within 15 calendar days of receiving the specifications for
TRASH EXCLUDERS from DISTRICT.
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b. To review location map and specifications for PROJECT and provide
comments to DISTRICT within fifteen (15) calendar days at no cost to
DISTRICT.
c. Perform and finance RIGHT-OF-WAY ACQUISITION necessary to
complete project.
d. To seek community support.
e. To authorize the City Engineer and/or Director of Public Works to approve
PROJECT by signing location map and specifications within fifteen
(15) calendar days after receiving location map and specifications for
PROJECT from DISTRICT.
,1. To grant to DISTRICT any temporary or permanent CITY right of way and
easement that is necessary for the construction of PROJECT at no cost to .
DISTRICT. .
g. To issue all necessary permits for PROJECT on a no-fee basis.
h. To remain responsible for the operation and maintenance of CITY catch
basins before, during. and after construction of PROJECT.
t Upon field acceptance of PROJECT by DISTRICT and at no cost to
DISTRICT, authorize the City Engineer and/or Director of Public Works to
sign the attached acceptance form, which Indicates CITY is accepting
ownership of TRASH EXCLUDERS and responsibility for operation and
maintenance of TRASH EXCLUDERS, including all associated costs and
liabilities. CITY'S responsibilities include, but are not necessarily limited to:
i. Routinely inspect and repair TRASIi EXCLUDERS to ensure
that they are functioning properly.
Ii. Replace any damaged or misplaced parts of TRASH
EXCLUDERS with parts equivalent to those specified in the
design specifications. .
iii. Patrol and relieve plugging, espeCially during storms.
k. To be solely liable for any damages resulting from CITY'S actions or
inactions with regards to the operation and maintenance of TRASH
EXCLUDERS. .
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I.' To indemnify, defend, and hold harmless COUNTY and DISTRICT, their
agents, officers, and employees, from and against any and all liability and
expense arising from any act or omission of CITY, its officers, employees,
agents, or contractors of any tier, in conjunction with PROJECT or TRASH
EXCLUDERS, and its ownership, maintenance, and inspection thereof
including, but not limited to, defense costs, legal fees. claims, actions. and
causes of action for damages of any nature whatsoever including. but not
limited to. bodily injury. death, personal injury. or property damage.
Without limiting the scope of this indemnification, CITY a'grees to
indemnify, defend, and hold harmless COUNTY and DISTRICT from and
, against any action relating to the intake of storm water into any CITY catch
basin. '
(3) DISTRICT AGREES:
a. To finance and perform CONTRACT DOCUMENT PREPARATION and
CONSTRUCTION ADMINISTRATION for PROJECT at no cost to CITY.
b. To finance the CONSTRUCTION CONTRACT COST of PROJECT,
currently estimated to be $55,000, to be reimbursed by CIWMB.
c. To provide CITY a list of suggested TRASH EXCLUDERS for CITY to
select.
d. To submit location map and specifications for CITY'S review.
e. To submit final location map and specifications for CITY'S approval
(4) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
a. If TRASH EXCLUDERS cause a threat to life or property, CITY, at its sole
discretion, shall be allowed to remove the TRASH EXCLUDER at its cost.
b. PROJECT consists of the work shown on DISTRICT'S location map and
specifications, which will be located in the map vault at the County of
Los Angeles Department of Public Works, Alhambra Headquarters.
DISTRICT'S location map is incorporated into this AGREEMENT by
reference.
c. DISTRICT shall have the right to reject all bids after notifying CITY and
may readvertise PROJECT if DISTRICT deems such action is to be in the
best interests of the DISTRICT.
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d. DISTRICT may unilaterally terminate this AGREEMENT without cause, in
DISTRICT'S sole discretion at any time by giving thirty (30) calendar days
prior written notice to CITY.
e. Each party shall have no financial obligation to the other party ,under this
AGREEMENT. except as herein expressly provided.
f. This AGREEMENT may be modified only by the mutual written consent of
both parties.
g. During construction of PROJECT. DISTRICT shall furnish an inspector or
other representative to ensure that PROJECT is completed according to
approved location maps and specifications. CITY may also furnish at no
cost to DISTRICT, an inspector or other representative. Said inspectors
shall cooperate and consult with each other. CITY inspector shall not
issue any directive(s) to DISTRICT'S contractor for PROJECT, but shall
work through DISTRICT'S inspector. The orders of DISTRICT'S inspector
to the contractor or any other person in charge of construction shall prevail
and be final.
h. In contemplation of the provisions of Section 895.2 of the Government
Code of the State of California imposing certain tort liability jointly upon
public entities solely by reason of such entities being parties to an
agreement (as defined in Section 895 of said Code), each of the parties
hereto, pursuant to the authorization contained in Sections 895.4 and
895.6 of said Code, will assume the full liability imposed upon it or any of
its officers, agents, or employees by law for injury caused by any act or
omission occurring in the performance of this AGREEMENT to the same
extent that such liability would be imposed in the absence of Section 895.2
of said Code. To achieve the above-stated purpose, each of the parties
indemnifies and holds harmless the other party for any liability, cost, or
expense that may be imposed upon such other party solely by virtue of
said Section 895.2. The provisions of Section 2778 of the California Civil
Code are made a part hereof as if incorporated herein.
i. It is understood and agreed that the provisions of the Assumption of
Liability Agreement No. 32085 between CITY and COUNTY, adopted by
the Board of Supervisors with an effective date of November 14, 1977,
and currently in effect. are inapplicable to this AGREEMENT.
j. This AGREEMENT contains the complete and final understanding of the
parties in connection with the subject matter herein and shall supersede
any and all previous contemporaneous oral or written agreements
between the parties regarding said subject matter.
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k. The provisions of this AGREEMENT shall be interpreted and enforced
pursuant to the laws. of the State of California.
I. Any correspondence, communication, or contact concerning this
AGREEMENT shall be directed to the following:
CITY:
Mr. Samuel Kevin Wilson
Director of Community Services and Water
City of Vernon
Attn: Sherwood Natsuhara, Deputy Director Community Servo and Water
4305 Santa Fe Avenue
Vernon, CA 90058
DISTRICT:
Mr. Donald LWolfe
Acting Chief Engineer of the
Los Angeles County Flood Control District
County of Los Angeles
Department of Public Works
P.O. Box 1460
Alhambra, CA 91802:'1460
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IN WITNESS WHEREOF, the parties hereto have caused.this AGREEMENT to
be executed by their respective officers. duly authorized, by the CITY OF VERNON on
, 2005. and by the LOS ANGELES COUNTY FLOOD CONTROL
DISTIRCT on , 2005.
LOS ANGELES COUNTY
FLOOD' CONTROL DISTRICT,
a body corporate and politic
ATTEST:
VIOLET VARONA-LUKENS
Executive Officer of the
Board of Supervisors of
the County of Los Angeles
By
Chair. Board of Supervisors
By
Deputy
L
APPROVED AS TO FORM:
RAYMOND G. FORTNER, JR. '
County Counsel
By
Deputy
CITY OF VERNON
By
Mayor
ATTEST:
By:
City' Clerk
By
City Attorney
P:\pdpublFloodlPROJECTSlPriorily A & B Catch Basin Retrofit In Cities tributary to LA River, Phase 1AIAgmt & board letteMgreement with VERNON _ final,doc
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IlfJf,~..y_.,;;f*_~ h!~-,'
SUPPORTING
DOCUMENTS
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-- Tem
WM, "BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
September 20, 2005
4305 Santa Fe Avenue, Vernon, California 90058
telephone (323) 583-8811
Los Angeles County Flood Control District
Attn: Donald L. Wolfe, Acting Chief Engineer
Department of Public Works
P.o. Box 1460
Alhambra, CA 91802-1460
SOL BENUDIZ
Police Chief
MARK C. WHITWORTH
Acting Fire Chief
LEWIS J. POZZEBON
Director of Environmental Health
S. KEVIN WILSON
Director of Community Services
SHARON L. DUCKWORTH
Acting City Treasurer
Re: Agreement Regarding Trash Excluders in the City of Vernon
Dear Mr. Wolfe:
Transmitted herewith are two executed agreements, as referenced above,
approved by City Council on September 7, 2005, through Resolution No.
8845:
Upon complete execution, please return one original agreement to the
undersigned.
If you have any questions regarding this matter, please call Mr.
Samuel K. Wilson, at (323) 583-8811 ext. 245.
Very truly yours,
~~e
Nel-t" ~iron
Deputy City Clerk
NG/kr
cc: Samuel K. Wilson
Resolution No. 8845
Agreement File No. 05:-014
(SdU$i.,dll inbu$kiaf
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AGREEMENT
THIS AGREEMENT, made and entered into by and between the CITY OF
VERNON, a municipal corporation in the County of Los Angeles. hereinafter referred to
as "CITY," and the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT. a body
corporate and politic, hereinafter referr~d to as "DISTRICT":
WITNESSETH
WHEREAS. DISTRICT is a political entity separate and distinct from the County
of Los Angeles "COUNTY" and is governed by the COUNTY Board of Supervisors,
pursuant to Section 3 of the Los Angeles County Flood Control Act; and .
WHEREAS, pursuant to Section 56-3/4 of the COUNTY Charter, the DISTRICTS
functions are performed by COUNTY'S Department of Public Works; and
WHEREAS, it is understood that the rights and obligations of DISTRICT herein
apply solely to DISTRICT and not to COUNTY. and that it is intended that any provision
herein for the protection of DISTRICT shall also apply to COUNTY, its Director, officers,
employees, and agents performing functions on. behalf of DISTRICT; and
. WHEREAS, CITY desires to conduct a, test. case to reduce the amount of trash
entering storm drains within CITY by having DISTRICT install 25 "TRASH EXCLUDER,"
which partially block the openings of catch basins within CITY str~ets. in approximately
25 CITY owned catch basins. to keep trash from entering the catch basins; and
WHEREAS, DISTRICT will administer the procurement and installation of
TRASH EXCLUDERS in the CITY, hereinafter referred to as "PROJECT"; and
WHEREAS, DISTRICT has obtained grant funding on a reimbursement basis,
under the Solid Waste Disposal and Codisposal Site Cleanup Program from the
California Integrated Waste Management Board, hereinafter referred to as "CIWMB," for
PROJECT; and
WHEREAS. DISTRICT is willing to finance CONSTRUCTION CONTRACT
COST at no cost to CITY, currently estimated to be $55,000, to be reimbursed by
CIWMB; and
WHEREAS. CITY is willing to accept TRASH EXCLUDERS and be responsible
for the operation (which includes patrolling TRASH EXCLUDERS, especially during
storms, to make sure that they are functioning properly and to relieve plugging when
necessary), maintenance, repair, and future replacement of TRASH EXCLUDERS upon
completion of PROJECT; and
WHEREAS, PROJECT is entirely within the juris~ictionallimits of CITY.
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NOW. THEREFORE. the parties mutually agree as follows:
(1) DEFINITIONS:
a. CONTRACT DOCUMENT PREPARATION.' as referred. to in t is
AGREEMENT, shall consist of environmental documentation; preparati n
of location maps, specifications. and cost estimates, based on records a d
measurements provided by CITY; and advertise PROJECT r
construction bids.
b. CONSTRUCTION CONTRACT COST, as referred to in this
AGREEMENT, shall consist of all payments to the contractor or utility
owners for construction of PROJECT and is currently estimated to be
$55,000.
c. CONSTRUCTION ADMINISTRATION, "as referred to in this,
AGREEMENT, shall consist of construction contract administrat~on,
construction inspection, materials testing, construction survey. changes
and modification of location maps and specifications for PROJECT,
necessitated by unforeseen or unforeseeable field conditions encountered
during Construction of PROJECT, and all other necessary work after
advertising of PROJECT for construction bids to cause PROJECT to be
constructed in accordance with the location maps and specifications
approved by CITY. '
d. RIGHT-OF-WAY ACQUISITION, as referred to in th.is AGREEMENT, shall
consist of investigation and preparation of search maps for right-of-way
identification; property appraisals; title reports; preparation of legal
descriptions; acquisition of any parcel of land and easements including
negotiations. condemnation activities, and escrow costs; clearing any
improvements within right of way; obtaining permits to enter other
property; incidental and litigation expense; and all other work necessary to
acquire right of way for construction of PROJECT.
(2) CITY AGREES:
a. To review various types of "TRASH EXCLUDER" suggested by
DISTRICT, perform appropriate analysis, and then select the most
appropriate type for CITY'S catch basin. CITY shall inform DISTRICT of
its selection within 15 calendar days of receiving the specifications for
TRASH EXCLUDERS from DISTRICT.
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b. To review location map and specifications for PROJECT and provide
comments to DISTRICT within fifteen (15) calendar days. at no cost to
DISTRICT.
c. Perform and finance RIGHT-OF-WAY ACQUISITION necessary, to
complete project.
d. To seek community support.
e. To authorize the City Engineer and/or Director of Public Works to approve
PROJECT by signing location map and specifications within fifteen
(15) calendar days after receiving location map and specifications for
PROJECT from DISTRICT.
f. To grant to DISTRICT any temporary or permanent CITY right of way and
easement that is necessary for the construction of PROJECT at no cost to '
DISTRICT.
g. To issue all necessary permits for PROJECT on a no-fee basis.
h. To remain responsible for the operation and maintenance of CITY catch
basins before, during, and after construction of PROJECT.
i. Upon field acceptance of PROJECT by DISTRICT and. at no cost to '
DISTRICT, authorize the City Engineer and/or Director of Public Works to
sign the attached acceptance form, which indicates CITY is accepting
ownership of TRASH EXCLUDERS and responsibility for operation and
maintenance of TRASH EXCLUDERS, including all associated costs and
liabilities. CITY'S responsibilities include, but are not necessarily limited to:
i. Routinely inspect and repair TRASH EXCLUDERS to ensure
that they are functioning properly.
ii. Replace any damaged or misplaced parts of TRASH
EXCLUDERS with parts equivalent to those specified in the
design specifications.
iii. Patrol and relieve plugging, especially during storms.
k. To be solely liable for any damages resulting from CITY'S actions or
inactions with regards to the operation and maintenance of TRASH
EXCLUDERS.
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I." To indemnify, defend, and hold harmless COUNTY and DISTRICT, their
agents, officers, and employees, from and against any and all liability and
expense arising from any act or omission of CITY, its officers, employees,
agents, or contractors of any tier, in conjunction with PROJECT or TRASH
EXCLUDERS, and its ownership, maintenance, and inspection thereof
including, but not limited to, defense costs, legal fees, claims, a~tions, and
causes of action for damages of any nature whatsoever including, but not
limited to, bodily injury, death, personal injury, or property damage.
Without limiting the scope of this indemnification, CITY a'grees to
indemnify, defend, and hold harmless COUNTY and DISTRICT from and
, against any action 'relating to the intake of storm water into any CITY catch
basin. '
(3) DISTRICT AGREES:
a. To finance and perform CONTRACT DOCUMENT PREPARATION and
CONSTRUCTION ADMINISTRATION for PROJECT at no cost to CITY.
b. To finance the CONSTRUCTION CONTRACT COST of PROJECT, '
currently estimated to be $55,000, to be reimbursed by CIWMB.
c. To provide CITY a list of suggested TRASH EXCLUDERS for CITY to
select.
d. To submit location map arid specifications for CITY'S review.
e. To submit final location map and specifications for CITY'S approval
(4) IT IS MUTUAllY UNDERSTOOD AND AGREED AS FOllOWS:
a. If TRASH EXCLUDERS cause a threat to life or property, CITY, at its sole
discretion, shall be allowed to remove the TRASH EXCLUDER at its cost.
b. PROJECT consists of the work shown on DISTRICrS location map and
specifications, which will be located in the map vault at the County of
Los Angeles Department of Public Works, Alhambra Headquarters.
DISTRICT'S location map is incorporated into this AGREEMENT by
reference.
c. DISTRICT shall have the right to reject all bids after notifying CITY and
may readvertise PROJECT if DISTRICT deems such action is to be in the
best interests of the DISTRICT.
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d. DISTRICT may unilaterally terminate this AGREEMENT without cause. in
DISTRICT'S sole discretion at any time by giving thirty (30) calendar days
prior written notice to CITY.
e. Each party shall have no financial obligation to the other party ,under this
AGREEMENT. except as herein expressly provided.
f. This AGREEMENT may be modified only by the mutual written consent of
both parties.
g. During construction of PROJECT, DISTRICT shall furnish an inspector or
. other representative to ensure that PROJECT is completed according to
approved location maps and specifications. CITY may also furnish at no
cost to DISTRICT. an inspector or other representative. Said inspectors
shall cooperate and consult with each other. CITY inspector shall not
issue any directive(s) to DISTRICT'S contractor for PROJECT, but shall
work through DISTRICT'S inspector. The orders of DISTRICT'S inspector
to the contractor or any other person in charge of construction shall prevail
and be final.
h. In contemplation of the provisions of Section 895.2 of the Government
Code of the State of California imposing certain tort liability jointly upon
public entities solely. by reason of such entities being parties to an
agreement (as defined in Section 895 of said Code), each of the parties
hereto. pursuant to the authorization contained in Sections 895.4 and
895.6 of said Code, will assume the full liability imposed upon it or any of
its officers, agents, or employees by law for injury caused by any act or
omission occurring in the performance of this AGREEMENT to the same
extent that such liability would be imposed in the absence of Section 895.2
of said Code. To achieve the above-stated purpose, each of the parties
indemnifies and holds harmless the other party for any liability, cost, or
expense that may be imposed upon such other party solely by virtue of
said Section 895.2. The provisions of Section ,2778 of the California Civil
Code are made a part hereof as if incorporated herein.
i. It is understood and agreed that the provisions of the Assumption of
Liability Agreement No. 32085 between CITY and COUNTY,adopted by
the Board of Supervisors with' an effective date of November 14, 1977,
and currently in effect. are inapplicable to this AGREEMENT.
j. This AGREEMENT contains the complete and final understanding of the
parties in connection with the subject matter herein and shall supersede .
any and all previous contemporaneous oral or written agreements
between the parties regarding said subject matter.
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k. The provisions of this AGREEMENT shall be interpreted and enforced
pursuant to the laws of the State of California.
l. Any correspondence, communication, or contact concerning this
AGREEMENT shall be directed to the following:
CITY:
Mr. Samuel KevIn Wilson
Director of Community Services and Water
City of Vernon
Attn: Sherwood Natsuhara, Deputy Director Community Servo and Water
4305 Santa Fe Avenue
Vernon, CA 90058
DISTRICT:
Mr. Donald L Wolfe
Acting Chief Engineer of the
Los Angeles County Flood Control District
County of Los Angeles
Department of Public Works
P.O. Box 1460
Alhambra, CA 91802-1460
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IN WITNESS WHEREOF, the parties hereto have caused.this AGREEMENT to
be executed by their respective officers, duly authorized, by the CITY OF VERNON on
, 2005, and by the LOS ANGELES COUNTY FLOOD CONTROL
DISTIRCT on , 2005.
LOS ANGELES COUNTY
FLOOD CONTROL DISTRICT,
a body corporate and politic
By
ATTEST:
VIOLET VARONA-LUKENS
Executive Officer of the
Board of Supervisors of
the County of Los Angeles
Chair, Board of Supervisors
By
Deputy
APPROVED AS TO FORM:
RAYMOND G. FORTNER, JR.'
County Counsel
By
Deputy
CITY OF VERNON.
By r#n<.d~~~
~ May'
ATTEST:
By
BY:V
Ac ting City Clerk
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City Attorney
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