Resolution No. 2012-031RESOLUTION NO. 2012-31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
NO COST LEASE AGREEMENT BY AND BETWEEN THE CITY OF
VERNON AND THE SOUTHEAST COMMUNITY DEVELOPMENT
CORPORATION FOR THE USE OF CITY PROPERTY LOCATED AT
2716 LEONIS BLVD.
WHEREAS, on August 4, 2008, the City Council of the City of
Vernon approved the funding of a Southeast Mobile Technology Lab and
Public Awareness Campaign of the Southeast Technology Initiative
proposed by the Southeast Cities Technology Collaborative, under the
management of the Southeast Community Development Corporation ("SCDC"),
as part of its ongoing community outreach endeavors; and
WHEREAS, the SCDC is interested in using a parking space on
City property located at 2716 Leonis Blvd. (the "Property") for a
mobile technology unit; and
WHEREAS, by memo dated February 1, 2012, the City
Administrator has recommended that the City enter into a no cost lease
agreement (the "Agreement") with the SCDC for use of the property at
no cost.
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 Agreement with the Southeast Community Development
Corporation, a copy of which is attached hereto as Exhibit A.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute the Agreement for,
and on behalf of, the City and the City Clerk, or Deputy City Clerk,
is hereby authorized to attest thereto.
SECTION 4: The City Council of the City of Vernon hereby
instructs the City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this Resolution and the
transactions herein approved or authorized.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or the City Clerk's designee, to send a fully
executed Agreement to the SCDC.
SECTION 6: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution and
the City Clerk's certification to be entered in the File of Resolutions
of the Council of this City.
APPROVED AND ADOPTED this 7th day of February, 2012.
Name: William J. Davis
Tit1e:<B4a�/ As Pro-Tem
- 2 -
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution
No. 2012-31, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Tuesday, February 7, 2012, and thereafter was duly signed by
the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of February, 2012, at Vernon, California.
(SEAL)
, City Clerk
- 3 -
EXHIBIT A
NO COST LEASE AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND
THE SOUTHEAST COMMUNITY DEVELOPMENT CORPORATION FOR THE USE
OF CITY PROPERTY LOCATED AT 2716 LEONIS BLVD.
THIS AGREEMENT is made and entered into as of February 7, 2012 ("Effective Date"), by
and between the City of Vernon, a California charter City and California municipal corporation
("City"), and the Southeast Community Development Corporation ("SCDC"). City and SCDC
are collectively referred to herein as the "Parties."
WHEREAS, the SCDC has advised the City that it is interested in using a parking space
on City property located at 2716 Leonis Blvd. for a mobile technology unit; and
WHEREAS, the City desires to assist the SCDC and provide the parking space
requested to the SCDC at no cost.
NOW, THEREFORE, in consideration of the foregoing recitals and for other good and
valuable consideration, the adequacy of which is hereby acknowledged, the parties hereby
agree as follows.
1. Fee. The City hereby agrees to lease the property located at 2716 Leonis Blvd.
to the SCDC at no cost.
2. Term. This agreement shall be effective for a period of one year, effective
February 7, 2012 through February 7, 2013. City may renew this Agreement on a year-to-year
basis at its discretion.
3. Termination. Either Party may, at any time, for any reason or for no reason,
with or without cause, terminate this Agreement, by serving upon the other Party at least thirty
(30) days prior written notice. Upon receipt of such notice, the SCDC shall immediately
remove the mobile technology unit.
4. Indemnification. The SCDC agrees to defend, indemnify, protect and hold
harmless City, its officers, officials, employees, agents, and volunteers from and against any
and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties,
fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and
expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or
omissions of the City's officers, employees, or agents which in any way arise out of, result
from, or are in any way related to the performance or non-performance of this Agreement,
excepting only liability arising out of the sole negligence or willful misconduct of City, its
officers, officials, employees, agents, or volunteers.
5. Insurance.
(a) The SCDC shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive General
Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each
occurrence, combined single limit, against any personal injury, death, loss or damage resulting
from the wrongful or negligent acts by the SCDC or it's officers, employees, or agents.
(b) The SCDC shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle
Liability insurance covering personal injury and property damage, with minimum limits of One
Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle
utilized by the SCDC or it's officers, employees, or agents in performing the services required
by this Agreement.
(c) The SCDC agrees to maintain in force at all times during the performance
of work under this Agreement workers compensation insurance as required by law.
(d) The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California and with a rating of at least a B+; VII in the latest
edition of Best's Insurance Guide.
(e) The SCDC agrees that if it does not keep the aforesaid insurance in full
force and effect City may either immediately terminate this Agreement or, if insurance is
available at a reasonable cost, City may take out the necessary insurance and pay, at the SCDC's
expense, the premium thereon.
(f) At all times during the term of this Agreement, the SCDC shall maintain
on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City
Attorney and Risk Manager, along with a copy of the policy declarations page for each policy
showing that the aforesaid policies are in effect in the required amounts. Upon request by City,
the SCDC shall cause its insurers to issue certified copies of the insurance policies evidencing
that the coverage and policy endorsements required under this Agreement are maintained in
force. The SCDC shall, prior to commencement of work under this Agreement, file with the
Risk Manager, such certificate or certificates and a copy of the policy declarations page for each
policy. The policies of insurance required by this Agreement shall contain an additional insured
endorsement naming the City, its officers, officials, employees, agents, and volunteers as
insured's. All of the policies required under this Agreement shall contain an endorsement
providing that the policies cannot be canceled or reduced except on thirty (30) days prior written
notice to City, and specifically stating that the coverage contained in the policies affords
insurance pursuant to the terms and conditions as set forth in this Agreement.
(g) The insurance provided by the SCDC shall be primary to any coverage
available to City, and any insurance or self-insurance maintained by City, its officers, officials,
employees, agents, or volunteers shall be excess of the SCDC's insurance and shall not
contribute with it. The policies of insurance required by this Agreement shall include provisions
for waiver of subrogation. The SCDC hereby waives all rights of subrogation against City, its
officers, officials, employees, agents, and volunteers.
6. Arbitration and Venue. Any dispute, claim or controversy arising out of or
relating to this Agreement or the breach, termination, enforcement, interpretation or validity
thereof, including the determination of the scope or applicability of this Agreement to arbitrate,
shall be determined by arbitration in Los Angeles, California. The arbitration shall be
administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The
arbitrator shall be a retired judge. All decisions of the arbitrator shall be in writing, and the
arbitrator shall provide written reasons for their decision. The arbitration decision shall be final
and binding on the Parties. Judgment on the award may be entered in any court having
jurisdiction pursuant to this Agreement. This clause shall not preclude Parties from seeking
provisional remedies in aid of arbitration from a court having jurisdiction pursuant to this
Agreement. The exclusive jurisdiction and venue under this Agreement shall be the Superior
Court of California, Los Angeles County.
7. Authority to Execute This Agreement. The person or persons executing this
Agreement on behalf of the SCDC warrants and represents that he or she has the authority to
execute this Agreement on behalf of the SCDC and has the authority to bind the SCDC to the
performance of its obligations under this Agreement.
[Signatures Begin on Next Page].
IN WITNESS WHEREOF, the parties have signed this Agreement as of the Effective
Date stated in the introductory clause.
City of Vernon, a California charter City Southeast Community Development
and California municipal corporation Corporation
By:
BY
William Davis, Mayor Pro-Tem
Name:
Title:
ATTEST:
By:
Name:
Willard G. Yamaguchi, City Clerk
Title:
APPROVED AS TO FORM:
Willard G. Yamaguchi,
Chief Deputy City Attorney
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
February 13, 2012
Cesar Zaldivar-Motts
Executive Director
Southeast Community Development Corporation (SCDC)
P.O. Box 327
Bell, CA 90201
Re: No Cost Lease Agreement for Parking
Dear Mr. Zaldivar-Motts:
The insurance requirements have been met. Transmitted herewith is an original fully executed
agreement as referenced above, approved by City Council on February 7, 2012, through
Resolution No. 2012-31.
If you have any questions regarding this matter, please call Mark Whitworth, at (323) 583-8811
ext. 398.
v e ,rruiy yours.
WIL ARD . Y
City Clerk
WGY:dj
Enclosure
c: Mark Whitworth
Resolution No. 2012-31
Agreement No. 12-018
Exclusively Industrial
NO COST LEASE AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND
THE SOUTHEAST COMMUNITY DEVELOPMENT CORPORATION FOR THE USE
OF CITY PROPERTY LOCATED AT 2716 LEONIS BLVD.
THIS AGREEMENT is made and entered into as of February 7. 2012 ("Effective Date"), by
and between the City of Vernon, a California charter City and California municipal corporation
("City"), and the Southeast Community Development Corporation ("SCDC"). City and SCDC
are collectively referred to herein as the "Parties."
WHEREAS, the SCDC has advised the City that it is interested in using a parking space
on City property located at 2716 Leonis Blvd. for a mobile technology unit; and
WHEREAS, the City desires to assist the SCDC and provide the parking space
requested to the SCDC at no cost.
NOW, THEREFORE, in consideration of the foregoing recitals and for other good and
valuable consideration, the adequacy of which is hereby acknowledged, the parties hereby
agree as follows:
1. Fee. The City hereby agrees to lease the property located at 2716 Leonis Blvd.
to the SCDC at no cost.
2. Term. This agreement shall be effective for a period of one year, effective
February 7, 2012 through February 7, 2013. City may renew this Agreement on a year-to-year
basis at its discretion.
3. Termination. Either Party may, at any time, for any reason or for no reason,
with or without cause, terminate this Agreement, by serving upon the other Party at least thirty
(30) days prior written notice. Upon receipt of such notice, the SCDC shall immediately
remove the mobile technology unit.
4. Indemnification. The SCDC agrees to defend, indemnify, protect and hold
harmless City, its officers, officials, employees, agents, and volunteers from and against any
and all claims, suits, demands, actions, losses, damages, judgments, settlements, penalties,
fines, defensive costs or expenses, including without limitation, interest, attorneys' fees and
expert witness fees, or liability of any kind or nature arising out of or attributable to the acts or
omissions of the City's officers, employees, or agents which in any way arise out of, result
from, or are in any way related to the performance or non-performance of this Agreement,
excepting only liability arising out of the sole negligence or willful misconduct of City, its
officers, officials, employees, agents, or volunteers.
Insurance.
(a) The SCDC shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive General
Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each
occurrence, combined single limit, against any personal injury, death, loss or damage resulting
from the wrongful or negligent acts by the SCDC or it's officers, employees, or agents.
(b) The SCDC shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, a policy or policies of Comprehensive Vehicle
Liability insurance covering personal injury and property damage, with minimum limits of One
Million Dollars ($1,000,000) per occurrence, combined single limit, covering any vehicle
utilized by the SCDC or it's officers, employees, or agents in performing the services required
by this Agreement.
(c) The SCDC agrees to maintain in force at all times during the performance
of work under this Agreement workers compensation insurance as required by law.
(d) The policy or policies required by this Agreement shall be issued by an
insurer admitted in the State of California and with a rating of at least a B+; VII in the latest
edition of Best's Insurance Guide.
(c) The SCDC agrees that if it does not keep the aforesaid insurance in full
force and effect City may either immediately terminate this Agreement or, if insurance is
available at a reasonable cost, City may take out the necessary insurance and pay, at the SCDC's
expense, the premium thereon.
(t) At all times during the term of this Agreement, the SCDC shall maintain
on file with the Risk Manager, a certificate or certificates of insurance, satisfactory to the City
Attorney and Risk Manager, along with a copy of the policy declarations page for each policy
showing that the aforesaid policies are in effect in the required amounts. Upon request by City,
the SCDC shall cause its insurers to issue certified copies of the insurance policies evidencing
that the coverage and policy endorsements required under this Agreement are maintained in
force. The SCDC shall, prior to commencement of work under this Agreement, file with the
Risk Manager, such certificate or certificates and a copy of the policy declarations page for each
policy. The policies of insurance required by this Agreement shall contain an additional insured
endorsement naming the City, its officers, officials, employees, agents, and volunteers as
insured's. All of the policies required under this Agreement shall contain an endorsement
providing that the policies cannot be canceled or reduced except on thirty (30) days prior written
notice to City, and specifically stating that the coverage contained in the policies affords
insurance pursuant to the terms and conditions as set forth in this Agreement.
(g) The insurance provided by the SCDC shall be primary to any coverage
available to City, and any insurance or self-insurance maintained by City, its officers, officials,
employees, agents, or volunteers shall be excess of the SCDC's insurance and shall not
contribute with it. The policies of insurance required by this Agreement shall include provisions
for waiver of subrogation. The SCDC hereby waives all rights of subrogation against City, its
officers, officials, employees, agents, and volunteers.
6. Arbitration and Venue. Any dispute, claim or controversy arising out of or
relating to this Agreement or the breach, termination, enforcement, interpretation or validity
thereof, including the determination of the scope or applicability of this Agreement to arbitrate,
shall be determined by arbitration in Los Angeles, California. The arbitration shall be
administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The
arbitrator shall be a retired judge. All decisions of the arbitrator shall be in writing, and the
arbitrator shall provide written reasons for their decision. The arbitration decision shall be final
2
and binding on the Parties. Judgment on the award may be entered in any court having
jurisdiction pursuant to this Agreement. This clause shall not preclude Parties from seeking
provisional remedies in aid of arbitration from a court having jurisdiction pursuant to this
Agreement. The exclusive jurisdiction and venue under this Agreement shall be the Superior
Court of California, Los Angeles County.
7. Authority to Execute This Agreement. The person or persons executing this
Agreement on behalf of the SCDC warrants and represents that he or she has the authority to
execute this Agreement on behalf of the SCDC and has the.authority to bind the SCDC to the
performance of its obligations under this Agreement.
[Signatures Begin on Next Page].
IN WITNESS WHEREOF, the parties have signed this Agreement as of the Effective
Date stated in the introductory clause.
City of Vernon, a California charter City
and California municipal corporation
By: ��--
William Davis, May r Pro-Tem
APPROXED AS TO FORM:
Chief Deputy City
Southeast Community Development
Corporation
Name: KCIVq,40
Title:
By: .961/
Name: Cs a
Title: Z, C- 7 i/-'t4 tC' FC)
13
Crc��2�d a/7-/r�
DATE: February 1, 2012
TO: Honorable City Council
MW
FROM: Mark C. Whitworth, City Administrator Ya
RE: Southeast Community Development Corporation Agreement for Mobile
Computer Unit Parking Space
Backaround
Last fall, Cesar Zaldivar-Motts, Executive Director of the Southeast Community Development
Corporation (SCDC), approached the City requesting a parking space for their Mobile
Technology Unit. This is the RV that was donated by the City of Vernon in 2008. The SCDC
has been parking the RV at the Huntington Park city yard, but Huntington Park is no longer able
to accommodate their parking needs.
The former OE Clark building at 2716 Leonis Boulevard has the necessary space to
accommodate their parking needs and Mr. Motts has indicated that the SCDC would be very
pleased to use the space.
A No Cost Lease Agreement (attached) has been prepared by the City Attorney's office for this
purpose and the SCDC has filed the required insurance documentation with the Risk Manager.
Recommendation
It is recommended the Lease Agreement with SCDC be approved and executed.
Juarez, Debbie
From: Muro, Evangelina
Sent: Wednesday, February 08, 2012 4:14 PM
To: Juarez, Debbie
Subject: FW: SCDC No Cost Lease Agreement
Importance: High
Cesar Zaldivar-Motts
Executive Director
Southeast Community Development Corporation (SCDC)
P.O. Box 327 Bell, CA 90201
Phone: (323) 585-4579
mottsez(ascdcorp, ora
www.scdcorp.org
Eva Muro
City Attorney Dept., City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Work: (323) 583-8811 x 273
Fax: (323) 826-1438
CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may
contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering
it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained
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Juarez, Debbie
From: Barcia, Ana
Sent: Monday, February 13, 2012 7:32 AM
To: Juarez, Debbie
Subject: RE: Insurance Inquiry - Southeast Community Development Corporation - Res. No. 2012-31
Approved 02/07/12
Hi Debbie,
The above has provided acceptable insurance coverage
Ana Barcia
City of Vernon
T: 323) 583-881 1 ex 286
F: 323) 826-1439
abarci aAc i. vem on. ca.us
From: Juarez, Debbie~ -
Sent: Tuesday, February 07, 2012 4:46 PM
To: Barcia, Ana
Subject: Insurance Inquiry - Southeast Community Development Corporation - Res. No. 2012-31 Approved 02/07/12
Hi Ana. Please let me know if the above -referenced has valid insurance on file. Thank you.
DeCoinh Jriarez
P,ecords Manai/enieutAssistant
City of Vernon - city Cferk's Office
4305 Santa TeAvenue
`Vernon, CA 90058
(323) 583-8811