of
LA COUNTY rill 002
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JOINT INDEMNITY AGREEMENT
THIS ACREEMENT, dated for reference purposes on the;T/ day 1997
, 1944, is made and entered into between the County of
Los An les, sometimes hereinafter referred to as the "County", and the City of Burbank , sometimes hereinafter referred to as the "City."
This agreement is entered into based upon the following facts:
(a) City and county have contracted for the performance of services by County, its officers, agents and employees, and may in the future extend, renew and amend such contracts, and enter into other and further contracts for the performance of services, all of which are hereinafter referred to as "service contracts"; (b) Pursuant to government Code Section 895.6, if the
agreements between City and County fail to specify how the responsibility for liability for injuries to persons or property is to be allocated, each entity is to contribute an equal share of the amount of any judgment based on an injury that occurs in the performance of the agreement;
1. Attachment 3
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(c) Pursuant to Government Code Section 895.4, the City and County may allocate the ultimate financial responsibility among themselves in whatever manner seems most desirable to them; (d) county has established the Contract Cities Trust Fund (sometimes hereinafter referred to as "Trust Fund") into which County will deposit designated portions of the funds received from City and other cities as compensation for the performance of services;
(e) County is willing to perform the services for city if City is willing to contribute to the Trust Fund as a part of the compensation for the performance of the services;
(f) City is willing to have County provide the services and to contribute to the Trust Fund as a part of the compensation for the performance of the services;
(g) Utilizing the Trust Fund, County is willing to assume liability and defend and hold City harmless from any loss, cost or expense caused by the negligent or wrongful acts or omissions of County officers, its agents Or employees, occurring in the performance of said agreements.
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04/15/99 THU 15:59 FAX 213 633 5141 4A COUNTY I 004_ -- 1-Z004 (h)Using its own funds and without contribution from the Trust Fund, City is willing to assume liability and defend and hold County harmless from loss, cost or expenses caused by the negligent or wrongful act or omission of City officers, agents or employees occurring in the performance of agreements between the parties.
NOW, THEREFORE, IT IS MUTUALLY AGREED A$ FOLLOWS;
1. Zstablishment of Trust Funds
City and County agree that the Auditor-Controller of the County shall establish a fund for the payment of losses for which County may be liable under the terms of this agreement. county agrees to maintain the fund, to be known as the contract Cities Trust Fund, for the purposes set forth in this Agreement.
2. Control of Trust Fund
City and County agree that the Trust Fund is under the full control of County.
3. panralLtsi
City agrees to make payment to the fund, and County
agrees to require each City receiving services under service contracts to also contribute to the fund.
Payments towards the total amount of the fund shall be made by City in such amounts as may be established by County Trust 3 Attachment 3 - Page 3
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Fund Administrator with concurrence of Auditor-Controller according to the policy and procedures established by County.
Such payments may be at a rate calculated separately for each specific service provided by County through its performance of service contracts during each fiscal year.
4. sufficiency and Use_lf Trust Fund
To the extent that County has agreed to indemnify, defend and hold harmless city, its officers, agents and employees under this agreement, said obligation shall continue to exist during the term of this agreement whether or not there are sufficient funds for such indemnity, defense or hold harmless in the Trust Fund.
If in the discretion of the Trust Fund Administrator the Trust Fund balance is inadequate to fund contract cities liabilities, the Auditor will advance from the County's funds amounts necessary to temporarily finance such liabilities. city agrees, together with others who will be required to make like contributions, to contribute upon demand by the Trust Fund Administrator such sums as the Trust Fund Administrator determines are necessary to replenish the Trust Fund so that the County's funds may be reimbursed.
The Trust Fund shall reimburse the County's funds for all 4 Attachment 3 - Page 4
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such costs temporarily advanced on behalf of the Trust Fund with interest at County treasury rate within one calendar year from the date of the County's advance.
It is further understood that County may also utilize said fund for the purchase of commercial insurance and claims management services and for the payment of other costs to cover all or any part of County's exposures hereunder.
5. n riAgalix .t _f_r_o_m_
Utilizing the Trust Fund, County will undertake to
investigate, defend and pay any losses, costs, settlement awards, judgments or expenses originating from claims or litigation based or alleged to be based upon the negligent or wrongful act or omission of County officers, agents or employees engaged in the performance of services for City pursuant to the service contracts.
County will not undertake this responsibility if the
liability is based or alleged to be based upon the negligent or wrongful act or omission of City, its officers, agents or employees occurring during the performance of the service contracts. where County contends that the City is partially responsible through its negligence or wrongful act or omission, County shall still undertake the responsibility herein imposed, 5 Attachment 3 - Page 5
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but County may, by written notification to City, reserve its right to claim indemnification from the City for that portion of the loss, cost, settlement, award or judgment attributable to the City's negligence or wrongful act or omission.
Except for its contribution to the Trust Fund, City will not be liable for defense casts or for holding County harmless from loss, costs, or expenses caused in whole or in part by the negligent or wrongful act or omission of County, its officers, agents and employees occurring during the performance of the services pursuant to the contracts.
6. tridemnity by City
a. Acts or omissions
City will undertake to investigate, defend and pay
any losses, costs, settlement awards, judgments, or
expenses originating from claims or litigation based or alleged to be based in whole or in part upon the
negligent or wrongful act or omission of City, its
officers, agents or employees occurring during the
performance of the service contracts.
b. Dangerous ConditIons of City PropeKty
When liability is based or alleged to be based on
a dangerous condition of City property pursuant to 5830 6 Attachment 3 - Page 6
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et. seg. of the Government Code (including, but not
limited to, the plan or design of the City property),
City shall assume liability and defend and hold County
harmless from any loss, cost or expense caused by the
negligent or wrongful act or omission of City, its
officers, agents or employees.
c. CCe 0 0 213
City Property
Where a duty is imposed on County pursuant to a
service contract to provide maintenance or inspection
services pertaining to City property, county shall
utilize the Trust Fund to investigate, defend, and pay
any losses, costs, settlement awards, judgments or
expenses originating from claims or litigation
allegedly based upon the existence of a dangerous
condition of City's property as a result of the
negligent or wrongful act or omission of County
officers, agents or employees in the performance of
such service contracts.
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7. No Funding of_Sity.LEAmlattrAl_agttlements or
Litigati2n
Should City agree, or stipulate or consent to the settlement of any claim or action, the making or entry of any judgment, order or other award for damages or for other relief against itself or any of its officers, agents or employees or against County or its officers, agents or employees in any proceeding or action authorized by law, involving A matter arising out of the performance by County pursuant to the service contracts, without the prior written consent thereto of County, then city agrees to indemnify, hold harmless and defend County from any loss, cost or expense sustained by County arising from such claim, judgment or other award irrespective of the legal basis upon which liability may be imposed by such claim or action, including liability of County under the provision of S895.2 of the Government code.
8. Cooperatien in Assumption of Liability
City and County agree to fully cooperate and assist each other in all matters relating to losses covered by the terms of this agreement.
More specifically, but not limited thereby, each party will:
(a) In the event of a claim or suit or an occurrence likely• to involve a claim or suit covered by this agreement, give prompt a
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written notice to the other party. Written notice shall contain the name and address of the person or organization sustaining injury or damage, and of any witnesses, as well as the time, place and circumstances of the occurrence.
(b)If claim is made or suit is brought against a party on occurrences covered or likely to be covered by the terms hereof, such party shall immediately forward every claim, demand, notice, summoms or other process received by it to the other party. c) Cooperate with the other party and, upon the other
party's request assist in the processing of suits and enforcing any right of contribution or indemnity against any person or organization who may be liable to the other party for injury or damage covered by this agreement; attend upon request hearings and trials, assist in securing and giving of evidence and obtaining the attendance of witnesses.
9. Eacticipation in Litigatiorl
Any party may at its own cost participate in the defense of any suit, or in the prosecution of any appeal affecting matters herein involved where the duty of defense or prosecution is imposed on the other party, and where the other party has consented thereto.
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10. &Rmlication of Actreement_to_gthg.K_Ammame_nts
This 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 and County is joint and several under S895.2 of the Government Code of the State of California
11. control_over Prior Agreements
Any references in service contracts to the "Assumption of Liability Agreement" shall be deemed to be to this Agreement.
The provisions of this agreement shall supersede and control over any other provisions inconsistent herewith in any such contract, and control future agreements between the parties hereto unless by specific reference therein this Joint Indemnity Agreement is made inapplicable.
12. 1.grzinatt em_af Aareement
This agreement shall continue during the term of any service contract between City and County unless:
(a) County elects to terminate this agreement upon thirty days written notice to City.
(b) Upon County's election, if City fails to cooperate with County as required by this agreement.
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(c) Upon County's election if City authorizes mny judgment, order or other award for damages without the consent of county in violation of the terms and provisions of this agreement. (d) Upon County's election in its absolute discretion to terminate this Joint Indemnity Agreement as to all cities having such service contracts with County.
On the termination of this agreement, City shall not be entitled to return of any consideration paid by it towards the Trust Fund. Termination of this agreement shall not relieve City of its obligation to make contributions as required by
Paragraph 4.
13. Termination of Service Contracts_ Between_
On termination by City of service contract with County or termination of said contract by County for any cause, County and/or City shall continue to defend, indemnify and hold harmless the other party for all claims and losses pursuant to the terms of this agreement arising prior to the effective date of said termination.
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q] 013
1 CITY OF BURBANK
By
ATTEST this
Mayor
77 day of - a ,
1997
M
By
CO L.PP LOS ANGEL
Chtir - 7- goard of Sup Isors
th isATTEST this day of3taank ) 4-9-9-1-99-
1997
ADOPTED
BOARD OF SUPERVISORS
COUNTY OF LO! : A NGELEs
111183.61 199114
DE WITT W. CLINTON
county counael,
5 Deputy
IN W/TNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized officers the day and year hereinafter set forth.
ATTEST:JOANNESTURGES
EXECUTIVE OFFICER -
CLERK OF THE SOAR° OF SUPERVISORS
s ipt
u1,115 D a:14 * i , ow,tur
LARR J. MONTEILH
Execu ve Officer
Board Supervisors
By
Deputy
PR VED AS TO FORM:
12 JOAN NE S
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tou-
EXECumEOFFICER
Attachment 3 - Page 12