32O8~
1 ASSUMPTIoN
2 3 THIS AGREEMENT, dated for reference purposes only, on 4 the 14th day of November, 1977, is made and entered into between 5 the County of Los Angeles, sometimes hereinafter referred to as 6 the ‘County,” and the City of Vernon sometimes hereinafter 7 referred to as the “City,’T
8 9 RECITALS
10 (a) City and County have heretofore contracted for the 11 performance of services by County, its officers, agents and 12 employees, and will in the future extend, renew and amend such 13 contracts, and enter into other and further contracts for the 14 performance of services; and
15 (b) Such contracts are agreements defined under §895 16 of the Government Code, and pursuant to §895.2 thereof joint 17 and several liability is imposed on the parties; and 18 (c) Pursuant to §895.4 of the Government Code the
19 parties as a part of the aforementioned agreements may provide 20 for contribution or indemnification upon any liability arisinq 21 out of the performance of the agreement; and
22 (d) The County is willing to assume liability and
23 defend and hold the City harmless from any loss, cost or 24 expense caused by the negligent or wrongful acts or omissions 25 of County officers, its agents and employees, occurring in the 26 performance of said agreement; and
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1 (e) The City is willing to assume liability arid defend 2 and hold the County harmless from loss, cost or expenses caused 3 by the negligent or wrongful act or omission of city officers, 4 agents or employees occurring in the performance of agreements 5 between the parties, except as hereinafter provided.
6 NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
7 1. The Ceunty will assume liability and defend
8 and hold the City harmless from loss, costs or expenses 9 caused by the negligent or wrongful act or omission of 10 County officers, agents and employees occurring in the 11 performance of agreements between the parties hereto 12 to the extent that such liability is imposed on the
13 City by the provisions of §895.2 of the Government Code 14 of the State of California.
15 2, The City will assume liability and defend
16 and hold the County harmless from loss, costs or
17 expenses caused by the negligent or wrongful act or
18 omission of City officers, agents and employees
19 occurring in the performance of agreements between the 20 narties hereto to the extent that such liability is
21 imposed on the County by the provisions of §895.2 of 22 the Government Code of the state of California, In
23 addition, when liability arises pursuant to §5830, et 24 seq., of the Government Code, by reason of a dangerous 25 condition of public property of the City, the City shall 26 assume liability and defend and hold the County harmless 27 // //
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2. 1 from loss, costs or expenses caused by the negligent 2 or wrongful act or omission of City officers, agents and 3 employees, whether arising in the performance of an
4 agreement between the parties hereto, with the exception & that the County shall assume liability and defend and 6 hold the City harmless from loss, costs or expenses
7 caused by the neq-]Sgent or wrongful act or omission of 8 County officers, agents and employees, occurring in the 9 performance of any agreement between the parties
10 hereto where a duty is imposed on the County pursuant 11 to such agreement to provide maintenance or inspection 12 services pertaining to said property. Where such an
13 agreement between a City and County provides that the 14 County will provide at least the same level of main15 tenance or inspection services that the County provides 16 to unincorporated areas, the County will assume liability 17 and defend and hold the City harmless from loss, costs 18 or expense caused by the negligent or wrongful act or 19 omission of County officers, agents and employees in 20 failing to provide said services in accordance with said 21 agreement.
22 3. The parties further agree that the Auditor—
23 Controller of the County shall establish a fund for the 24 payment of losses for which the County may be liable 25 under the tens of this agreement, and the County
26 agrees to maintain the fund for the purpose of paying 27 ,i,, 1/
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3. S
1 such losses which may occur through its performance
2 under agreements to provide city services to the cities 3 within the County.
4 4. It is understood by the parties that the fund
5 referred to in paragraph 3 above is under the full
6 control of the Board of Supervisors and reappropriation 7 of unencumbered y&àr—end balance in this fund is
8 discretionary with the Board of Supervisors.
9 5. The City agrees to make payment to the fund,
10 and the County agrees to require each city receiving 11 services under City Service Agreements to also contribute 12 to the fund. Payments towards the total amount of the 13 fund shall be made by the City in such amounts as may be 14 established by the Auditor—Controller according to the 15 policy and procedure established by the Board of
16 Supervisors, and in the same ratio as the cost of
17 services received by the City is to the total cost to 18 the County for its performance of City Services
19 Agreements during each fiscal year, In the event that 20 City should elect to terminate its Service Agreement 21 with the County, its responsibility to contribute to 22 the fund pursuant to this agreement shall be limited to 23 payment of amounts which accrue prior to the effective 24 date of said termination.
25 6. Each party agrees to fully cooperate with
26 the other and assist the other party hereto in all
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4. S S
1 matters relating to losses covered by the terms and
2 this agreement, and more specifically but not being
3 limited thereby, each party will:
4 (a) Give prompt notification of all
& occurrences covered or likely to be covered by
6 the terms hereof, together with the particulars
7 thereof to—the other party hereto;
8 (b) If claim is made, or suit is brought
9 against a party on occurrences covered or likely
10 to be covered by the terms hereof, such party
11 shall immediately forward every claim, demand,
12 notice, summons or other process received by it
13 to the other party hereto.
14 7. Should City agree, stipulate, consent to, or
15 otherwise suffer the granting of any claim, the making 16 of any judgment, order, or other award for damages or 17 other relief against itself or any of its or the County’s 18 officers, agents, or employees in any proceeding or
19 action authorized by law involving a matter arising out 20 of the performance by the County of services affected 21 hereby without the prior written consent thereto of the 22 County, the City agrees to indemnify, hold harmless, and 23 defend the County from any loss, cost or expense to it 24 arising from such claim, judgment, or other award
25 irrespective of the legal basis upon which liability may 26 be imposed by such action including liability of the 27 7/ //
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5. S S
1 County under the provisions of Section 895.2 of the
2 Government Code,
3 8. Any party may at its own cost participate
4 in the defense of any suit, or in the prosecution of any 5 appeal affecting matters herein involved where the
6 duty of defense or prosecution is imposed on the other 7 party, and where—iJre other party has consented thereto. 8 9. This agreement shall apply to and shall be
9 deemed to be a part of all agreements now existing or 10 hereafter entered into, including amendments, renewals, U or other extensions thereof, wherein the City and
12 County have contracted under circumstances wherein the 13 liability of the City and County is joint and several 14 under §895.2 of the Government Code of the State of
15 California. The provisions of this agreement shall
16 supersede and control over any other provisions
17 inconsistent therewith in any such contract, hereto— 18 fore or hereafter entered into by and between the
19 parties hereto, unless by specific reference therein 20 this Assumption of Liability Agreement is inapplicable. 21 10. On the effective date of this agreement
22 that certain agreement entitled “Assumption of Liability 23 Amendment,” if any between the parties, is terminated. 24 The effective date of this agreement is the date
25 executed by the parties, but in no event sooner than 26 12:00 A.M., March 15, 1978, unless the aforementioned 27 // //
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6. S S
1 Assumption of Liability Amendment should be sooner
2 terminated by the parties, in which event the date of 3 such termination shall be in the effective date of
4 this agreement. Upon the effective date of this
5 agreement the same shall continue during the term of
6 any agreement for services to which the same is
7 applicable, unless~the County shall sooner elect to
8 terminate this agreement upon thirty days written notice 9 to the City. The County further agrees that this
10 agreement shall be only terminated upon the occurrence 11 of the foregoing, or any one or more of the following 12 events:
13 (a) Failure of the City to cooperate with
14 the County as required by this agreement.
15 (b) Upon the City authorizing any judgment,
16 order or other award for damages without the
17 consent of the County in violation of the terms
18 and provisions of this agreement.
19 (c) Upon the County’s election in its
20 absolute discretion to terminate this Assumption
21 of Liability Agreement as to all cities having
22 such service agreements with the County.
23 11. To the extent that the County has agreed to
24 indemnify, defend and waive harmless a city, its
25 officers, agents and employees under this agreement, 26 said obligation shall continue to exist during the term 27 // 1/
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7 S S
1 of this agreement whether or not there are sufficient 2 funds for such indemnity, defense or hold harmless in the 3 fund established by the Auditor—Controller. It is
4 further understood that the County may also utilize
5 said fund for the purchase of commercial insurance
6 and claims management services and for the payment
7 of other costs to- ziover the exposures of the County 8 hereunder in whole or in part.
9 12. On termination by the City of services
10 contract with the County, or upon termination by the 11 County for any cause, the County shall continue to
12 indemnify, defend and hold harmless the City for all 13 claims and losses for which liability is imposed on
14 the County by the terms of this agreement, and where 15 arising out of the County’s negligent or wrongful act 16 or omission, prior to the effective date of said
17 termination. Said City shall not be entitled to return 18 of any consideration paid by it towards the fund
19 established by the Auditor-Controller on the termination 20 of this agreement.
21 IN WITNESS WHEREOF, the parties hereto have caused this 22 agreement to be executed by their duly authorized
23 day and year hereinafter set forth.
24 25 COUNTY OF LOS ANGELES CITY OF VERNON
26 27 : _____ _______________ _____ ____
Chairman, Board of —~7LEONIS C. F’U\LBURG~ Mayor ‘
28 Supervisors
8. S
ATTEST this ~~day of
MAQCJ4 , 1978.
1 2
3 JAMES S. MIZE, Executive
Officer—Clerk of the
4 Board of Supervisor~
5 6 By:
7 8
9 APPROVED AS TO FORM:
10 JOHN H. LARSON,
County Counsel
11 12
13 By:
14 15
Deputy
109
0 ATTEST this day of
1978.
BRUCE V. MALKENHORST,
City Clerk/Director of Finance
Bruce V. Malkenhorst,
City Clerk/Director of
Finance
By:
David B, Brearley,
City Attorney
ADOPTED
BOARD OF SUPERVSORS
COUN1Y OF LOS ~~fl~S2
DEC27 1977
~
MMES S. MIZE
EXECUflVE OrAtES
APPROVED AS TO FORM:
OAVID B. BREARLEY
City Attorney
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