snN—fl~f 73)
EXHIBIT VI
ASSUMPTION OF LIABILITY AGREEMENT
2 -
3 THIS AGREEMENT,dated for referencepurposesonly, on the 4 14th day of November,1977, is made and enteredinto between 5 the County of LosAngeles, sometimeshereinafter referredto as 6 the “County,”and the City of Norwalk,
i sometimeshereinafterreferredto as the “City.”
8 9 RECITALS
(a) Cityand Countyhave heretoforecontractedfor the
ii performanceof servicesby County, itsofficers,agents and 12 employees,and will in the future extend,renew and amend such 13 contracts,and enter into otherand further contractsfor the 14 performanceof services;and
15 (b) Such contractsare agreementsdefinedunder §895of the 16 Government Code,and pursuant to §895.2 thereofjoint and several 17 liabilityis imposedon theparties;and
18 (c) Pursuantto §895.4of the GovernmentCode the parties 19 as a part of theaforementionedagreementsmay provide for con- 20 tributioñor indemnificationupon any liabilityarising out of 21 the performanceof theagreement;and
22 (d) The Countyis willing to assume liabilityand defend and hold the Cityharmless fromany loss, cost or expense caused 24 by the negligentor wrongfulacts or omissionsof County officers, 25 its agents andemployees,occurringin the performanceof said 26 agreement;and
27 /1/
28 /1/
Attachment No. 2
-~ A
576N—~(IO/13>—
176
I (e) The City is willing to assume liabilityand defend and 2 hold the County harmlessfrom loss, cost or expensescaused by 3 the negligentor wrongfulact or omissionof city officers, agents 4 or employeesoccurringin theperformanceof agreementsbetween 5 the parties, exceptas hereinafterprovided,
6 NOW, THEREFORE,IT IS AGREED AS FOLLOWS:
7 1. The Countywill assume liabilityand defend and
8 hold the Cityharmlessfrom loss, costs or expensescaused 9 by the negligentor wrongfulact or omissionof County
10 officers,agentsand employeesoccurringin the performance 11 of agreementsbetween the partieshereto to the extent that 12 such liabilityis imposedon the Cityby the provisions of 13 j895.2 of the GovernmentCode of the State of California. 14 2. The Citywill assume liabilityand defend and hold
15 the County harmlessfrom loss, costs or expenses caused by 16 the negligentor wrongfulact or omissionof City officers, 17 agents and employeesoccurringin the performanceof agree- 18 ments between thepartieshereto to the extent that such 19 liabilityis imposedon the Countyby the provisions of 20 ~895,2 of the GovernmentCode of the State of California. In 21 addition,when liabilityarises pursuant to §S83O, et seq., 22 of the GovernmentCode, by reason of a dangerouscondition 23 of public propertyof the City, the City shall assume 24 liabilityand defendand hold the County harmless from ldss, 25 costs or expensescaused by the negligentor wrongful act or 26 omissionof City officers,agents and employees,whether 27 /1/
28 /1/
-2-
0/lab
1175
arising in the performanceof an agreementbetween the
2 parties hereto,with the exceptionthat the County shall 3 assume liability and defend and hold the City harmless from 4 loss, costs or expenses caused by the negligent or wrongful 5 act or omission of County officers, agents and employees, 6 occurring in the performance of any agreement between the 7 parties hereto where a duty is imposed on the County pursuant; 8 to such agreement to provide maintenance or inspection 9 services pertaining to said property. Where such an agree- to ment between a City and Countyprovides that the County will II provideat least the same level of maintenanceor inspection 12 servicesthat the Countyprovides to unincorporatedareas, 13 •theCounty will assume liabilityand defend and hold the City 14 harmlessfrom loss, costs or expensecaused by the negligent IS or wrongfulact or omissionof County officers,agents and 16 employeesin failing to provide said services in accordance 17 with said agreement.
18 3. The parties furtheragree that the Auditor-
19 Controllerof the County shall establisha fund for the pay- 20 inentof losses for which the County may be liableunder the 21 terms of this agreement,and the County agrees to maintain ~22 the fund for the purpose of paying such losses which may 23 occur through its performance under agreements to provide 24 city services to the cities within the County.
25 /1/
26 /1/
27 /1/
28 /1/
—3-
Sl6N~-(ifl/73~
I 1-76
4. It is understoodby the parties that the fund
2 referred to in paragraph3 above is under the full control 3 of the Board of Supervisorsand reappropriationof unen- 4 cumberedyear-endbalancesin this fund is discretionary 5 with the Board of Supervisors.
6 5. The City agrees to make payment to the fund, and
7 the County agrees to require each city receiving services S under City Service Agreements to also contribute to the fund. 9 Payments towards the total amount of the fund shall be made 10 by the City in such amounts as may be established by the 11 Auditor-Controller according to the policy and procedure 12 established by the Board of Supervisors, and in the same 13 -ratio as the cost of services received by the City is to the 14 total cost to the County for its performance of City Service is Agreements during each fiscal year. In the event that City 16 should elect to terminate its Service Agreement with the Il County, its responsibility to contribute to the fund pursuant 18 to this agreement shall be limited to payment of amounts 19 which accrue prior to the effectivedate of said termination. 20 6. Each party agrees to fully cooperate with the other 21 and assist the other party hereto in all matters relating to 22 losses covered by the terms of this agreement, and more 23 specific~llybut not being limitedthereby, each party will:
24 (a) Give prompt notificationof all occurrences
25 covered or likely to be covered by the terms hereof, 26 together with the particulars thereof to the other party 27 hereto;
28 /1/
-4--
~T5l6N-(lO/ -
11-76
I (b) If claim is made, or suit is brought against
2 a party on occurrences covered or likely to be covered 3 by the terms hereof, such party shall immediately
4 forward every claim, demand,notice, summons or other
5 process receivedby it to the other party hereto.
6 7. Should City agree, stipulate,consent to, or other-i 7 wise suffer the grantingof any claim, the making of any 8 judgment, order, or other award for damages or other relief 9 against itself or any of its or the County’s officers, 10 agents, or employeesin any proceedingor action authorized by law involving a matter arising out of the performance by the County of servicesaffectedhereby without the prior
13 written consent thereto of the County, the City agrees to 14 indemnify, hold harmless, and def!nd the County from any is loss, cost or expense to it arising from such claim, judgment,~ 16 or other award irrespectiveof the legal basis upon which 17 liabilitymay be imposedby such action including liability 18 of the Countyunder theprovisionsof Section 895.2 of the 19 - GovernmentCode. -
20 I 8. Any party may at its Own cost participate in the 2! defense of any suit, or in the prosecutionof any appeal 22 affectingmattersherein involvedwhere the duty of defense 23 or prosecutionis imposedon the other party, and where the 24 other party has consentedthereto. -
25 9. This agreementshall apply to and shall be deemed
26 to be a part of all agreementsnow existing or hereafter 27 III -
28~ I/I
—5-
entered into, including amendments, renewals, or other
extensionsthereof,wherein the City and County have con- tracted under circumstanceswherein-theliabilityof the City[ and County is joint and severalunder §895.2 of the Coven- meritCodeof the State of California. The provisions of this~ agreementshall supersedeand control over any other provi- sions inconsistenttherewithin any such contract, heretofore~ or hereafterentered intoby and between the parties hereto, - unless by specificreferencetherein thisAssumption of
LiabilityAgreement is inapplicable.
10. On the effective date of this agreement that cer-
tain agreemententitled“Assumptionof LiabilityAmendment,” if any between the parties, is terminated. The effective date of this agreement is the date executed by the parties, but in no event sooner than 12:00AJ4., Narch 15, 1978,
unless the aforementionedAssumptionof LiabilityAmendment shouldbe sooner terminatedby the parties, in which event the date of such terminationshall be the effective date of this agreement. Upon the effectivedate of this agreement th same shall continueduring the termof any agreement for
services to which the same is applicable, unless the County shall sooner elect to terminate this agreement upon thirty days written notice to the City. The County further agrees that this agreement shall be only terminatedupon the occur- rence of the foregoing, or any one or more of the following events:
76TS76N—(I0f73b~
11-76 -
I
2 3
4 5
6 7
8 9
to
II
12 13
14 15
16 ‘7
18 19
21 22
23 24
25 26
27 28
II,
I/I
—6-
a
I/I
I/I
(a) Failureof the City to cooperatewith the
County as required by this agreement.
(b) Upon the City authorizing any judgment, order
or other award for damages without the consent of the
County in violation of the terms and provisions of this agreement.
(c) Upon the County’selectionin its absolute
discretionto terminatethisAssumption of Liability
Agreementas to all citieshaving such service agree-
ments with the County. -
11. To the extent that the Countyhas agreed to indem-
nify, defendand waive harmlessa city, its officers, agents - and employees under this agreement, said obligation shall continueto exist during the term of this agreement whether or not there are sufficient funds for such indemnity, defense or hold harmlessin the fund establishedby the Auditor-
Controller. It is furtherunderstoodthat the County may
also utilize said fund for the purchaseof commercial
insuranceand claims managementservicesand for the payment of other costs to cover the exposuresof the County hereunder in whole or in part.
12. On termination by the City of service contract with the County, or upon terminationby the County for any cause, the County shall continue to indemnify,defend and hold harm- less the City for all claims and losses for which liability is imposedon the County by theterms of this agreement, and oT576N—(lO/13b
11-76 -
I
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 —7—
2 3
4 5
6 7
8 9
I0
11 12
13 ‘4
15 16
17 18
19 20
21 22
23 24
25 26
27 28
-0
where arising out of the County’snegligentor wrongful act or omission, prior to the effective date of said termination.
Said City shall not be entitled to return of any considera- tion paid by it towardsthe fund establishedby the Auditor— Controller on the termination of this agreement.
IN WITNESSWHEREOF,the partieshereto have caused this
agreement to be executedby their duly authorizedofficers the day and year hereinafterset forth.
ADOPTED
4PARDOFSUPER\ISORS
rUNtYr-rLCSn:GcLES
109 DEC271977
4$)t_
JAMtS $. MtZE
E~ECUTIVEOFFICER
COUNTY OF LOS ANGELES
ATTEST this ~z_ day of nAM~tf
19Th.
JAMES S. MIZE, Executive Officer-
Clerk of theBoard of Supervisors
By 1AA~AAAdooto,vt—~
By
Chairman, Boai~d of Supervisors
-8-