CC RES 1973-009 RESOLUTION NO. 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES CONCERNING AN ASSUMPTION OF
LIABILITY AMENDMENT TO AND FOR THE CITY OF RANCHO
PALOS VERDES BY THE COUNTY OF LOS ANGELES AND
AUTHORIZING THE EXECUTION OF A CONTRACT RELATING
THERETO
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES RESOLVE AS
FOLLOWS :
Section 1. The Mayor of the City of Rancho Palos Verdes is
hereby authorized to execute, for and in behalf of the City of Rancho
Palos Verdes, a contract with the County of Los Angeles concerning an
Assumption of Liability Amendment to the General Services Agreement
to and for the City of Rancho Palos Verdes by the County of Los Angeles,
a true and correct copy of which said contract is affixed hereto and
reference to which is hereby made.
PASSED, APPROVED and ADOPTED this 7th day of September, 1973 .
‘Ag4414--
OR
ATTEST:
/114"
CI ` CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) ss.
CITY OF RANCHO PALOS VERDES
I, Marilyn R. Cortina, City Clerk of the City of RAncho Palos
Verdes, California, do hereby certify that the whole number of members
of the City Council of said City is five; that the foregoing resolution,
being Resolution No. 9 , was duly and regularly adopted by the City
Council of said City at a regular meeting thereof, duly and regularly
held on the 7th day of September, 1973 , and that the same was so passed
and adopted by the following vote:
AYES: COUNCILMEN: Buerk, Dyda, Ruth, Ryan and Ryan.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: None.
City Cle , Ranch Palos Verdes
California.
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ASSUMPTION ION I OF LIABILITY AMENDMENT
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THIS AMENDMENT T TO AGREEMENT entered into this 7th day of
.Sept., 1973 by and between' the COUNTY OF. LOS ANGELES, sometimes
hereinafter referred to as "County" and the CITY OF RANCHO
PALQa_MER 2E, t, sometimes hereinafter referred to as "City, "
WI i NESSETH
WHEREAS, Division 3 . 6 of the Government Code has imposed joint
and several liability on public entities who are parties to an
agreement as defined in Section 895 of said code; and
WHEREAS, any such agreement may provide for the indemnification
by any of the parties thereto of the other parties with respect to
any liability arising from or out of the performance of such agree-
ments; and
WHEREAS, the City and County have heretofore contracted for
the performance of services by County, its officers, agents, and
employees, and will in the future extend, renew, and amend such
contracts and enter into other and further contracts for the perform-
ance of services; and . -_
WHEREAS, the County has contracted with an insurance carrier
for liability and property damage insurance, including therein
coverage of the liability as sumed by the County pursuant to contracts
for the rendition of services by the County for other public entities
y County
as provided for in Section 895. 1 of said code; and
WHEREAS, the County is willing to assume liability and to
indemnify the city against any loss arising from and out of the
County 's performance of services under such contracts to. the extent
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of such insurance coverage, or renewals, amendments, or replacements
thereof and sub je'ct to the terms, conditions, and limitations here-
inafter
provided,
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1 . County will assume liability and defend and hold City •
harmless from Los , costs, or expense caused by negligent ligent or
g
wrongful acts or. omissions of County officers, agents, and employees,
yees,
occurring in the performance of agreements between the parties hereto
to the extent that such liability is imposed on City by the provisions
s
of Section 895.2 of the Government Code and subject to the following
terms, conditions, and limitations.
2. The assumption of
t..
liability and responsibility of Coun ty .
to defend and hold harmless set forth in paragraph 1 . hereof is
coextensive with and limited to that insurance coverage, the limita--
•
tion thereon and the terms and conditions of Policy No. LP 10022
entered into between the County of Los Angeles and the Pacific
Indemnity Company, including amendments, renewals, and replacements
thereof.
A copy of the referred to policy of insurance is attached
hereto and made a part hereof . County will .promptly advise City
of
all amendments to, or renewals or replacements thereof, and of
termination of such insurance coverage . •
3. In connection with the County 's assumption of liability
being limited to the extent of insurance coverage maintained by
the County at any time and being limited to the insurer 's enforce-
able responsibility to hold County free from loss, it is understood
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c� that City will in any and all ways fully cooperate with
and assist both County and the contract insurer in all matters
relating to insured losses covered hereby and more specifically, but
not being limited thereby, City will:
a) give prompt notification of all occurrences likely
to be covered by the terms hereof, together with particulars
thereof as required by sub-section 7 of the Conditions contained
in the referenced irsur ance policy;
(b) if claim is made, or suit is brought against City on
occurrences likely to be covered by the terms hereof, City
shall immediately forward every claim, demand, notice, summons,
or other process received by it to the County or the person
designated by the insurance carrier to receive such matters;
and
(c) assist and cooperate fully with the insurance carrier,
in which connection City acknowledg es. its familiarity with the
conditions and limitations of such policy.
Should City fail or refuse to comply with the provisions
of this agreement, or should City so conduct itself that the insurer
cannot be compelled to hold County free from loss for obligations
of City assumed hereunder, then this assumption of liability and
responsibility to defend shall be of no force and effect and the
County shall have no obligation and shall have assumed no liability
hereunder pursuant to the sections of 895. 2 or 895.4 of said code
or otherwise .
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4. Should City agree, stipulate, consent to, or otherwise
suffer the granting of any claim, the making of any judgment, order,
or other award for damages or other relief against itself or any
of its or the County 's officers, agents, or employees in any proceed-
ing or action authorized by law involving a matter arising out of
the performance by the County of services affected hereby without
the prior written consent thereto of the County and the County ' s
insurer, the City agrees to indemnify, hold harmless, and defend the
County from any loss, cost, or expense to it arising from such
claim, judgment, or other award irrespective of the legal basis upon
which liability may be imposed by such action including liability
of the County under the provisions of referred to Section 895. 2 of
the Government Code .
5. City may, with consent of the County 's contract insurer,
at City 's own cost for its attorneys, participate in the defense of
any suit or in the prosecution of any appeal affecting matters
herein involved .
6. This amendment to agreement shall apply to and shall be
deemed to be a part of all agreements now existing or hereafter
entered into, including amendments, renewals, or other extensions
thereof wherein City and County have contracted under circumstances
wherein the liability of City is based solely on th9 provisions
of Section 895.2 of the Government Code.
The provisions hereof shall supersede and control over any
other\ provisions inconsistent therewith in any such contracts unless
by the wording thereof this "assumption of liability amendment" is
by specific reference excluded from application.
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. The effective date of County 's assujrption of liability
• and responsibility to defend hereunder is Sept. 7, 1973 : and the
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same shall continue and extend for so long as the County has insurance
coverage to indemnify it and hold it harmless from the liability
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herein assui:ied or until thirty (30) days after. County gives written
notice of termination hereof, whichever first occurs . County shall
immediately T noti f City of any termination or impending termination
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of insurance coverage which would in turn limit the duration of this
agreement.
.IN WITNESS WHEREOF the parties hereto have executed this
agreement the day and year first above written.
• CITY OF RANCHO PALOS VERDES
• / AO'
By
N -y o r
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ATTEST: .
COUNTY OF LOS ANGELES
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AOrty Clerks ------ By
Chairman, Eoard of Supervisors
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AT .ST: APPROVED AS TO FORM:
JAMES S. MIZE, Executive Officer JOHN D. NAHf,RG
and Merl: of the Board of County Counsci
Su per vi c,ors
By
Deputy - Deputy
J