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HomeMy WebLinkAboutEMERGENCY ONE INC. - 2000-09-18CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK CALIFORNIA 92648 LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTV GTON BEACH DATE: September 25, 2000 TO: Emergency One, Inc. Name P.O. Box 2710 Street Ocala, Florida 34478 City, State, Zip ATTENTION: Wilson R. Jones DEPARTMENT: V.P. of Sales & Marketing REGARDING: Agreement for Repair & Rebuild of (4) Saulsbury Fire Engines See Attached Action Agenda Item E-8 Date of Approval 9-18-00 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page x Agreement x Bonds X insurance x RCA Deed Other CC; M. holder Fire x x x bond Tame Department RCA Agreement Insurance Other C. Reynolds Fire x x x bond Name Department RCA Agreement Insurance Other K. Justen Fire x x x bond Name Department RCA Agreement Insurance Other S. Freidenrich City Treas. x bond Name Department RCA Agreement Insurance Other C. Mendoza x x Risk Management Dept. Insurance (Telephone: 7 74-536-5227) Council/Agency Meeting Held: Deferred/Continued to: Ap roved ❑Cond4ionally Approved ❑ Denied Cle Signature Council Meeting Date: September 18, 2000 Department ID Number: FCRO-d12 ' r CITY OF HUNTINGTON BEACH w REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS N SUBMITTED BY: RAY SILVER, City AdministratoroW PREPARED BY: MICHAEL P. DOLDER, Fire Chief/Information Systems Director SUBJECT: AUTHORIZE AGREEMENT WITH EMERGENCY ONE, INC. FOR REPAIR AND REBUILD OF FOUR SAULSBURY FIRE ENGINES AND EXPENDITURE FROM THE UNAPPROPRIATED FUND BALANCE OF THE EQUIPMENT REPLACEMENT FUND Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City Council enter into an Agreement with Emergency One, Inc. to repair and rebuild four Saulsbury fire engines? Funding Source: The total one-time cost to repair and rebuild four Saulsbury fire engines is $304,530, which includes $250,000 toward depreciated replacement costs and $54,530 in new or added value modifications. The $304,530 appropriation request is recommended to be funded from the Unappropriated Fund Balance of the Equipment Replacement Fund and transferred into the Fire Department Equipment Replacement account (55340104.64570). A Fiscal Impact Statement is included in Attachment 1. Recommended Action: MOTION TO: 1. Approve and authorize the Mayor and City Clerk to execute the Agreement Between the City and Emergency One, Inc. for Repair and Rebuild of four Saulsbury Fire Engines pending approval of the appropriate Certificates of Insurance and Bond by the City Attorney, and 2. Authorize the appropriation of $304,530 from the Unappropriated Fund Balance of the Equipment Replacement Fund and the transfer to and expenditure from the Fire Department's FY 2000/2001 Equipment Replacement account (55340104.64570). Alternative Action(s): Enter into litigation against Federal Signal Corporation, current owner of Saulsbury Fire',Rescue, Inc., for full replacement of four Saulsbury fire engines. Analysis: Since September 1999, Fire Department staff has worked with the fire engine manufacturer (recently purchased by Federal Signal Corporation) and their representative (Emergency One, Inc.) to correct the operational problems with four Saulsbury fire engines �Q SUEST FOR COUNCIL ACTIMN MEETING DATE: September 18, 2000 DEPARTMENT ID NUMBER: FD 00-012 Analysis: (continued) purchased between 1996 and 1998 at a cost of 1.375 million dollars. On January 21, 2000, due to the severity of pumping and pressurization problems, the four Saulsbury fire engines were placed out of service and the manufacturer provided three loaner engines at no cost to the City. The City's four fire engines have remained out of service while Fire Department staff worked closely with Emergency One, Inc. (E-One) to correct the operational problems. Subsequently, one of the fire engines was sent to the manufacturer's Ocala, Florida factory to expedite a permanent repair. In a May 25, 2000 letter, E-One reported that they fabricated a successful repair solution. However, during the City's June 6-8, 2000 trip to Ocala, Florida for pump repair verification, the apparatus failed. E-One, in a July 24, 2000 letter, proposed a fire engine replacement program to permanently remedy all operational problems. In anticipation of potential litigation, the City Council, during its August 7, 2000 Closed Session meeting, on a vote of 6 Yes and 0 No (Council Member Harman absent), took the following action: Authorize the Fire Chief and City Attorney to negotiate a settlement agreement with Federal Signal Corporation for the replacement of four fire engines in exchange for up to $300,000 subject to Council approval of any settlement agreement. Subsequently, on August 10, 2000, the Fire Chief and Division Chief of Operations met with E-One representatives, including their President, Vice President Sales and Marketing, and Director of Customer Services, to reach a resolution of the apparatus problems. As a result of this meeting, an economically feasible and operationally sound tentative agreement was reached, which formed the basis for the City Attorney's proposed Agreement Between the City of Huntington Beach and Emergency One, Inc. for Repair and Rebuild of Four Saulsbury Fire Engines (Attachment 2). This Agreement provides new cabs, chassis, pumps, cooling systems, and all support equipment for the Saulsbury fire engines. The repair/rebuild proposal would reuse the engines, transmissions, and bodies from our existing apparatus. From an operational standpoint, the rebuild would be acceptable and, in effect, provides new apparatus to the City. The rebuilt fire engines would be titled as new units and would have new warranties. Further, similar units, used by other jurisdictions, have been fully field-tested and perform perfectly. This agreement also contains a prevailing party attorney's fees provision, which is not the City's standard "each party pays their own" language. The reason for this change is that it is more likely that the City, not E-One, will be the party who may be required to enforce this Agreement through litigation and, therefore, would take advantage of the prevailing party attorney's fees provision. In addition, E-One maintains self -insured retentions on their liability policies which are unacceptable under City Resolution 9720. Rather than request a waiver of the City's insurance requirements regarding deductibles and self -insured retentions, E-One is submitting a surety bond to protect the City's interest as if there was no self -insured retention. The Certificates of Insurance and surety bond are not attached as they were not approved at the time of submittal of this Request for Council Action. FD00 012 Agreement Saulsbury Eng Repair FNL.doc -2- 09/11100 1:18 PM AUEST FOR COUNCIL ACTIR MEETING DATE: September 18, 2000 DEPARTMENT ID NUMBER: FD 00-012 Analysis: (continued) Staff is requesting authorization to expend a maximum of $304,530 (equivalent to $76,133 per engine) from the Unappropriated Fund Balance of the Equipment Replacement Fund to repair/rebuild the four existing Saulsbury fire apparatus. The City Council initially authorized $300,000 to repair/rebuild the four Saulsbury fire engines. However, during negotiations with E-One, value added work increased this amount to $304,530, which includes necessary seat cushion re -upholstery on the 1996 apparatus and painting of all four fire engine bodies. The total dollar amount to be paid by the City minimally reflects the fire engines' depreciated value based on the years of City use. Using a 20-year accelerated depreciation calculation the apparatus have depreciated $351,677 in value. In addition, staffs recommendation is based on the following: • The current fire pumps' lack of reliability prevents the fire engines' use without endangering the safety of the public and/or Fire Department personnel. • The recommended action would restore all four fire engines to service and provide standardized equipment for the Fire Department. • Mitigation costs for replacement of the apparatus would be high, as well as time consuming. • Emergency One has been cooperative in working with City staff to correct these problems. They have accepted responsibility for these issues and remain accountable for a satisfactory resolution. • The rebuilt fire apparatus would be operationally compatible with any future City fire engine purchases. = The fire apparatus replacement proposal offers the quickest timeline for returning fully functional fire apparatus to the City. Environmental Status: Not applicable. Attachment(s): 1 Fiscal Impact Statement 2 Agreement Between the City and Emergency One, Inc. for Repair and Rebuild of Four Saulsbury Fire Engines RCA Author: DolderlReynolds/Justen FD00 012 Agreement Saulsbufy Eng Repair FNL.doe -3- 09111100 2:32 PM ATTACHMENT 1 CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICA TION To: Ray Silver, City Administrator From: John Reekstin, Director of Administrative Services Subject: FIS 2000-61 Authorize Agreement with Emergency One, Inc for Repair and Rebuild of Four Saulsbury Fire Engines and Expenditure from the Unappropriated Fund Balance of the Equipment Replacement Fund Balance Date: September 6, 2000 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Authorize Agreement with Emergency One, Inc for Repair and Rebuild of Four Saulsbury Fire Engines and Expenditure from the Unappropriated Fund Balance of the Equipment Replacement Fund Balance". If the City Council approves this request (total appropriation $304,530), the estimated working capital of the Equipment Replacement Fund at September 30, 2000 will be reduced to $2, 520, 000. /////Z Jdhn Reekstin, Director of Administrative Services 0 • ATTACHMENT 2 0 • AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND EMERGENCY ONTE, INC. FOR REPAIR AND REBUILD OF FOUR SAULSBURY FIRE ENGINES THIS AGREEMENT (the "Agreement") is made and entered into this 18th day of September 2000, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and EMERGENCY ONE, INC., a Delaware corporation, hereinafter referred to as "E-One." WHEREAS, CITY purchased four fire engines from Saulsbury Fire Rescue, Inc., two in 1996 and two in 1998, which have been taken out of service due to, among other things, pumping and pressurization problems; and Subsequently Federal Signal Corporation purchased Saulsbury Fire Rescue, Inc., and assumed all of its repair operations respecting CITY's four fire engines; and E-One is a subsidiary of Federal Signal Corporation and also a fire apparatus manufacturer; and E-One has agreed to repair and rebuild CITY's four Saulsbury fire engines; NOW, THEREFORE, CITY and E-One agree as follows: E-ONE'S RESPONSIBILITIES E-One shall repair and rebuild the following four Saulsbury fire engines, production numbers 295104, 295235, 297063 and 297064, pursuant to the following specifications. The four rebuilt fire engines will be considered new vehicles and will be issued new manufacturer statements of origin. A. Each completed fire engine shall not to exceed one hundred nine inches (109") in height and thirty-one feet (31') in overall length. B. E-One shall install a new Cyclone II cab and chassis frame assembly on each fire engine. C. E-One shall install a new roof mounted air conditioner unit on each fire engine. D. E-One shall install radio antennas and power cables pursuant to CITY specifications on each fire engine. CITY will supply the antennas, power cables and specifications. E. E-One shall remove and reinstall the Sigtronics headphone system in the new cabs on each fire engine. g'jmfr2000 Agreements/E-One Agmt i911 1 00 1:20 PM Page 1 of 1 F. E-One shall fabricate and install a map box in the new cabs on each fire engine, which design must be agreed upon (inwriting) in advance by CITY. G. E-One may re -use the existing seats. In addition, E-One shall re -upholster the twelve seats on the two 1996 fire engines from red to gray (added value work). H. E-One may re -use existing warning lights on each fire engine. E-One may re -use many of the existing bolt -on items from the existing cabs on each fire engine, wherever possible. J. E-One may re -use the existing engine and transmission, which includes transfer or installation of a new pre -filter spark arrestor, on each new fire engine. K. E-One may re -use the existing rear axle assembly on each fire engine. L. E-One shall install an air ride suspension on the two 1996 fire engines (added value work). M. E-One may re -use the existing rear body module on each fire engine. N. E-One shall install bottle tube holders in place of existing crosslays through the rear body module (two on each side) on each fire engine. O. E-One shall remove the existing pump panel controls from the left rear compartment No. 3 to create usable storage on each fire engine. P. E-One shall fabricate and install a new pump module ahead of the rear body module with three crosslays on each fire engine. Q. E-One shall install a new aluminum cover for the crosslays'on each fire engine. R. Pursuant to Exhibit "A", which is incorporated herein by this reference, E-One shall re -locate the pump panel controls to the mid -ship of each fire engine. The relocated pump panel on each fire engine must be forty-six inches (46") wide, designed according to CITY's engineering layout and subject to CITY's written approval of its final design. S. E-One shall install a new Hale Q Max 1500 GPM pump with a new Hale relief valve system on each fire engine. T. E-one shall install a new Hale MIV electric relief and intake system, one right and one left, on each fire engine. g 'jmf:'2000 Agreements'E-One Agmt -9"11w0011:20 Phi Page 2 of 2 U. E-One shall install a new Foam Pro 2001 system on the two 1996 fire engines with integral fifty (50) gallon foam cells (added value work). V. The mid -ship pump panel controls on each fire engine shall be operated as follows, designed according to CITY's engineering layout and subject to CITY's -,written approval of its final design. i) Electric valves: Tar&fill. Tank to pump valve. Booster line valve. Front suction valve. Deck gun valve. Four -inch discharge valve. ii) Push-pull valves: Three discharges on pump panel. Two on left side pump panel. One on the rear discharge. One on the front jump line. Left and right auxiliary suctions to be maintained. W. E-One shall return the Vision Mark panel and unused electric valves on each fire engine to the CITY's Fire Department, at E-One's sole cost and expense. X. E-One shall disassemble and repaint the rear body modules on each fire engine (added value work). Y. E-One shall re -letter and stripe each of the fire engines per CITY's specifications. Z. E-One shall provide and pay for all transportation necessary to rebuild and transport the four fire engines to E-One's Ocala, Florida facility and back to CITY via E-One's driveway service. 2. E-ONE'S ADDED VALUE WORK The following items are considered added value work by CITY and their cost shall be added to the cost of the items in Section 1 above. A. E-One shall paint the existing four bodies of the fire engines to CITY's specifications. The cost per fire engine is three thousand four hundred seventy- five dollars ($3,475.00), for a total cost of thirteen thousand nine hundred dollars ($13,900.00). B. E-One shall re -upholster the twelve seats in the two 1996 fire engines from red to gray. The cost per fire engine is four hundred fifty dollars (S450.00), for a total cost of nine hundred dollars (S900.00). g:/jmf/2000 Agreements/&One Agmt /9/11r0011:20 PM Page 3 of 3 • • C. E-One shall install Foam Pro 2001 Systems and air ride suspension systems in the two 1996 fire engines. The cost per fire engine is nineteen thousand eight hundred sixty-five dollars ($19,865.00), for a total cost of thirty-nine thousand seven hundred thirty dollars ($39,730.00). D. The total cost for this added value work is fifty-four thousand five hundred thirty dollars ($54,530.00). 3. WA.RRANTIES PROVIDED BY E-ONE E-One, or its successors, if applicable, shall provide the following warranties on each of the four fire engines to CITY: A. Water Tanks: Lifetime. B. Hale Pumps: Two years; from the date of CITY's written acceptance of each fire engine. C. Frames: Lifetime. D. Engines: Remainder of the original five-year warranty period plus one additional year, from the expiration of the original warranty period. E. Transmissions: Remainder of the original five-year warranty period plus one additional year, from the expiration of the original warranty period. F. Stainless Steel Plumbing: Ten years, from the date of CITY's written acceptance of each fire engine. G. Paint: Ten years, from the date of CITY's written acceptance of each fire engine. H. Cab: Twenty-year structural plan, from the date of CITY's written acceptance of each fire engine. I. Stainless Steel Body: Fifteen years, from the date of CITY's written acceptance of each fire engine. If any problems or defects should occur during any applicable warranty period, E-One shall repair the item under warranty at its sole cost and expense, which shall include, but not be limited to, the cost of materials, labor, shipping and transport expenses, taxes and other incidental charges. g:/jmf/2000 Agreements/E-One Agmt /9/1 I/00 /110 Ph1 Page 4 of 4 4. DELIVERY TIMELINE Time is of the essence in competing the work described in Sections 1 and 2 above. E- One proposes to work on two fire engines at a time. E-One shall begin work on the two 1998 fire engines first.and shall deliver the two 1998 fire engines to CITY within approximately one hundred twenty (120) days after receipt of the fully -executed Agreement. E-One shall deliver the two 1996 fire engines to CITY approximately one hundred twenty (120) days after the delivery of the two 1998 fire engines to CITY. E-One shall make every effort to accelerate this delivery schedule. 5. PAYMENT BY CITY In consideration of the performance of the services described herein by E-One. CITY agrees to pay two hundred fifty thousand dollars ($250,000.00) for the labor and materials described in Section 1 above and fifty-four thousand five hundred thirty dollars ($54,530.00) for the value added labor and materials described Section 2 above for a total payment to E-One of three hundred four thousand five hundred thirty dollars ($304,530.00) pursuant to the following payment schedule: A. Ten percent (10%) or thirty thousand four hundred fifty-three dollars ($30,453.00) within five business days of the execution of the Agreement by both parties. B. One hundred thirty-one thousand nine hundred fifty dollars ($131,950.00) within five business days of delivery and CITY's written acceptance of the two (2) 1998 fire engines to CITY, which acceptance shall not be unreasonably withheld. C. The remaining one hundred forty-two thousand one hundred twenty-seven dollars ($142,127.00) within five business days of delivery and CITY's written acceptance of the two 1996 fire engines to CITY, which acceptance shall not be unreasonably withheld. The three hundred four thousand five hundred thirty dollar ($304,530.00) price includes all applicable taxes. CITY shall pay for all State of California vehicle tag and licensing fees on the fire engines. 6. INSPECTIONS BY CITY E-One shall pay for the entire cost of three individuals from CITY to fly to E-One's facilities in Ocala, Florida to perform a final inspection of the two 1998 fire engines upon their completion. In addition, E-One shall pay for the entire cost of two individuals from CITY to fly to E-One's facilities in Ocala, Florida to perform a final inspection of the two 1996 fire engines upon their completion. E-One shall pay for airline, ground transportation, food, lodging and all other incidental costs incurred by CITY's personnel on these inspection trips. E-One's obligations under Sections 1 and 2 are not discharged until the fire engines are delivered and accepted in writing by CITY, which acceptance will not be unreasonably withheld. g:/jm1.12000 Agreements/E-One Agmt /9/11/00 /1:20 PM Page 5 of 5 7. RELEASE BY CITY CITY agrees to release E-One and its subsidiaries from any claims related to the four fire engines, production numbers 295104, 295235, 297063 and 297064, which arose prior to the execution of this Agreement. RETURN OF LOANED FIRE ENGINES CITY will return each of the three loaned fire engines to E-One upon E-One's delivery, to CITY of the second, third and fourth rebuilt and repaired fire engines, and CITY's written acceptance of them. In other words, CITY shall select and return only one of the loaned fire engines to E-One when the two 1998 fire engines are delivered to and accepted by CITY. CITY shall return the remaining two loaned fire engines to E-One when the two 1996 fire engines are delivered to and accepted by CITY. E-One shall pay and be responsible for the transport of the loaned fire engines back to E-One. 9. HOLD HARMLESS E-One shall protect, defend, indemnify and save hold harmless CITY, its officers, officials, employees, and agents from and against any and all liability, loss, damage, expenses, costs (including without limitation, costs and fees of litigation of every nature) arising out of or in connection with E-One's performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by E-One, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CITY shall be reimbursed by E-One for all costs and attomey's fees incurred by CITY in enforcing this obligation. 10. GENERAL LIABILITY INSURANCE E-One shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering this Agreement. The policy shall indemnify E-One and CITY, and each of their officials, officers, agents and employees, while acting within the scope of their duties, against any and all claims arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of one million dollars ($1,000,000.00) per occurrence. If coverage is provided under a form that includes a designated general aggregate limit, the aggregate limit must be no less than one million dollars ($1,000,000.00) for this Agreement. The policy shall name CITY, its agents, its officers, employees and volunteers as Additional insureds, and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that E-One's insurance shall be primary. Under no circumstances shall the above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. g:/jmf/2000 Agreements/E-One Agmt /9/11/00 /1:20 PM Page 6 of 6 11. CERTIFICATES OF INSURANCE Prior to commencing performance of the work hereunder, E-One shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. promise that such policies shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. E-One shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by E-One under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. E-One shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 12. EMPLOYMENT TAXES E-One shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for E-One and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 13. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the work hereunder shall not be delegated, subcontracted or assigned by E-One to any other person or entity without the prior express written consent of CITY. Provided, however, CITY expressly consents to the subcontracting of the transportation of the four fire engines to and from CITY's and E-One's Ocala, Florida facility by Universal Am -Cam, Ltd., provided that Universal Am -Cam, Ltd. complies with all of CITY's insurance requirements set forth herein. 14. CITY EMPLOYEES AND OFFICIALS E-One shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. g1jmf/2000 Agreements/E-One Agmt /4/1I/00 /k 20 PM Page 7 of 7 • 0 15. :NOTICES Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to E-One or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, by registered mail, return receipt requested, or by overnight mail, addressed as follows: 111041rd Michael Dolder Fire Chief City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 16. MODIFICATION TO E-ONE: Wilson R. Jones Vice President of Sales & Marketing Emergency One, Inc. P.O. Box 2710 Ocala, Florida 34478 No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 17. CAPTIONS Captions of the sections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 18. INTERPRETATION' OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. The validity, construction and performance of this Agreement shall be governed by the laws of the State of California. All disputes arising under this Agreement shall be brought only in a court of competent jurisdiction located in Orange County, California, and the parties irrevocably consent to venue in such location. gljmfl2000 Agreements/E-One Agmt 19111/00 /1:20 PM Page 8 of 8 19. ATTORNEYS' FEES In any action (with or without) litigation between or among any of the parties hereto seeking enforcement of any of the terms and provisions of this Agreement, the prevailing party in such action shall be entitled to have and to recover from the other party its actual attorneys' fees, expert witness fees, statutory costs, court costs and other expenses in connection with such action or proceedings, whether such action is resolved by judgment, settlement. dismissal, or otherwise. 20. REMEDIES CUMULATIVE The remedies given to CITY in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now or hereafter allowed by law. 21. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination of this Agreement, shall so survive. 22. ENTIRETY The foregoing contains the entire agreement between the parties respecting the subject matter of this Agreement and supercedes all prior understanding and agreements between the parties, whether oral or in writing regarding the subject matter herein. [SIGNATURES ON NEXT PAGE] g:/jmf/2000 Agreements/E-One Agmt /9/11/00 /l :20 PM Page 9 of 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. EMERGENCY ON , INC., CITY OF HUNTINGTON BEACH, a a Delawar 'corpo tion municipal corporation of the State of / California 0 l_ O N E b Mayor print name ITS- (aim one) Chairman/Presiden ice ATTEST: President AN By: / j " priht hAme ITS: circle one ecretary Fihief nancial Officer sst. Secre ry Treasurer REVIEWED REVIEWED AND APPROVED, City Administrator City Clerk APPROVED AS TO FORM: City Attorney INITIATED AND APPROVED: Fire Chief • • IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. EMERGENCY ON , INC., a Dela ar rpo tlon By: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor print name - IT circle one) Chairman/Presiden is ATTEST: - President _ • �j AN City Clerk �I _ 2S- By: APPROVED AS TO FORM: —priht hime S: circle one Secretary hief �(;. q-d A� City Attorney jil Financial Offlcer Asst. Secre ary -- J Treasurer INITIATED AND APPROVED: fit A�--'Os 41 -O:D REVIEWED AND APPROVED: Fire Chief •� - GG�-"mot �_ City Ad in;strator ...__ EXHIBIT A i 0 • n n � � r N o C N I _--__________________ - -- =z --=— - - --=-= -- -1HRR---_. =--=-S xzr .. 1___-_e_____C_____ = __=____--_..__ _--- WATER TOWER FOAM I 1 --------------- ------ i ii I I I I I 80f'' OF 5' HOSE I -. i i I + � �mt m x1e TOP OF COMPTS. TO 8E 1/8' ALUM. TREAD PLATE 13Y 70 I xae I 1 80V OF 2-1/2' HOSE I L--I--- ------------�-----� I r----------- t------------------- 400; OF jl-3/4- HOSE } �• Ii J............ ;-;;- .......... AKRON APOLLO WITH 7FT PARTIROFIS TO HAVE 4S ANGLE AT REAREXTEND-A-GUN MAT! HAND HOLE WT-OE1T AT 45' j CODE 3 ARROWSITCK RECESSED .. 46' WIDE x 4'DHIGH x 4' DEFA zR222'FREIGH ECEx 7' DEEPIDE I- WHELEN 97 SERIES OPTI-SCENE UGHT�9- _ _._w -, 26' 26' RED WHELEN 97 E"_REES I F F = z I i 141. i i STROBE UGHT 13' 19 FIN. I II I L3' PT.1 COMPT.2 COMPT.3 AMH I-- I I I I II RED I l8' GRAB HAM1DLES WHELEN 64 SERIES - � ---_ - - - ---I ---- � • iII ----- � STROBE LIGHT )Eli 79- REAR BUZZER SYSTEM H ONEQ) EAi SIDE WHELEN 64 SERIES STUP/TAIL LIGHT ` E WHELEN 64 SERIES DIRECTIONAL LIGHT III -- -1-0 __--3-1a-6Ei8A- s-�I_• _-------------- _5iie !2I� RMEeU VH£LEN 64 SERIES - xx HACK -UP LIW ------ I ------------ ' TWO WELOON Tr 24• 02035 UNDER SiE'P 121' CA �� FENDSRETTE E!2' �• 16' CAPTIVE RIaLLERS AROUND COHP7. O ING 95. OHoi e � — 3BEE4' OAL (3GfB' S8 BODY / 101 OAW HANNAY MODEL 1ESHE F32.23-24 BOOSTER REEL AU REAR MUST RECESSED WITH 175' OF 1 BOOSTER HOSE rrn - — - flQ — It ; nl DATE (MMIDDNY) ACORD V:�5CERTIIFI C' '/� 4F LIABILITY 4 Lj _4 09/1812000 PRODUCER Serial # 600141 THIS CERTIFICATE I SUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE AON RISK SERVICES, INC. OF ILLINOIS HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 123 N. WACKER DRIVE ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. CHICAGO, IL 60606 COMPANIES AFFORDING COVERAGE ATTN: JEAN BELKE (312) 7014133 D151A AON RISK INSURANCE SERVICES OF ILLINOIS. CA LICENSE NO. 0015023 COMPANY NATIONAL UNION FIRE INSURANCE COMPANY A INSURED COMPANY av� INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA B EMERGENCY ONE, INC. 1601 S.W. 37TH AVENUE 60). )0 COMPANY OCALA, FL 34474 C COMPANY D N THIS TOF�R�IFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED B Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION CID TYPE OF INSURANCE POLICY NUMBER DATE (MWOONY) DATE (MWDONY) LIMITS LTR i I A GENERAL LIABILITY RMGL 6123079 11/0111999 11/01/2000 1 GENERAL AGGREGATE IS 1,000,000 j PRODUCTS - COMPIOP AGG jS 1,000,000 X COMMERCIAL GENERAL LIABILITY 'CLAIMS MADE FX OCCUR I I PERSONAL & ADV INJURY IS 1,000,000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE Is 1,000,000 FIRE DAMAGE (Any one fire) I S 1,000,000 • MED EXP (Any one person) is 10,000 A AUTOMOBILE LIABILITY -RMCA 5347419 (AOS) 11101/1999 11/0112000 COMBINED SINGLE LIMIT S 1,000,000 ANY AUTO I ALL OWNED AUTOS RMCA 5347420 (TX) BODILY INJURY Is SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON -OWNED AUTOS {Per accident) L-1 is PROPERTY DAMAGE I A I GARAGE LIABILITY IRMCA 5347418 11/1/1999 111112000 1 AUTO ONLY - EA ACCIDENT is 1,000,000 Fj'. ANY AUTO APP50'i-i"D A.S �rlu FOR)d:i OTHER THAN AUTO ONLY: I GAIT- EACH ACCIDENT S 1,000,000 TT CTTf AGGREGATE j 5 1,000,000 EXCESS LIABILITY I - EACH OCCURRENCE I $ .1 yl UMBRELLA FORM P_ ty c ty Attorney, AGGREGATE $ OTHER THAN UMBRELLA FORM Is AND X IC ITATU- B I WORKER'S COMPENSATION RMWC 3475074 (AOS) 11/0111999 11/01/2000 TORY LIMITS ER EMPLOYERS' LIABILITY RMWC 3475075 (CA) EL EACH ACCIDENT IS 500,000 THE PROPRIETOR! RMWC 3475076 (AZ, MD. VA) INCL EL DISEASE - POLICY LIMITLIMIT�s 50 0,000 1 PARTNERS,'EXECUTIVE RMWC 3475077 (WI) - OFFICERS ARE: EXCL EL DISEASE -EA EMPLOYEE S 500,000 OTHER A SELF INSURED RETENTION OF 1,000,000 APPLIES TO GENERAL LIABILITY AND $ 600,000 TO AUTOMOBILE LIABILITY, GARAGE LIABILITY PORKERS COMPENSATION AND EMPLOYERS LIABILITY DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLESISPECIAL ITEMS AS RESPECTS REPAIR AND REBUILDING OF FOUR SAULSBURY FIRE ENGINES AS APPROVED BY THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CA ON SEPTEMBER 18,2000 JCERTIFICATE HOLDER4 K � g NCEL' W. w '1 ", a.- =, f I SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF HUNTINGTON BEACH EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL KKXVAVOWJM MAIL ATTN: RISK MANAGEMENT DIVISION _30_ DAYS WRITTEN NanCETO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 2000 MAIN STREET XKKXYJVXKK"D= ry HUNTINGTON BEACH, CA 92648 XtXAtX*= AUTHO ED REPRESENTATIVE OF AON RISK SERVICES, INC. OF IL r WLWACORDPORRORATIONL 966r Ll'%FMPROI%10224264FEDERALSIGNAL9900 25S.FP5 0 `PO LICY NUMBER: RM GL 612 CO, 0RCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. `%-V SCHEDULE u! 1 a'�l ` Lt Nk 6M God, 110 Name of Person or Organization: CITY OF HUNTINGTON BEACH, CA, ITS AGENTS, OFFICERS AND EMPLOYEES (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. CG 20 1010 93 Copyright, Insurance Services office, Inc., 1992 Page 1 of 1 Sap^11-0002:04P Gybe a�MultirrTadis ,..,. 41 36�7 9466 P 01 JLOl1 »r a cea, �pC or 1RYf'.R C) C '� � TM RIM of oraY AND co gpRe No �a UPON rna Ai11 HOLM. THO CERTV Te 000 MV ��n. on 300 PLEWSSaM CTR, U= 1700 � n/4_ wr IT, nz 40243 ] ii3. 5p. 1 t ALTIN A" WW SY THl R!L W. Jl ffataua] W.1an i CO. �� ftiwraal AN -can, Led. Ca1AAAM4 S ans. oe. oi ji"te of raw_ t wWao %23*5 i4ipil a sad va"an f[Z lApiO G a ,. ea.l.r+ u ihim Va aaai Iris. cp. --_.m�'" IM 18 TO OSPTFV TWAT THE PCW CU OF #494 MM LST40 iSOW lfAV5 SM I UND TO THl INVJW 14AMSU MOVE FOR THE rQijE l PFWD WWAM. NOTYAnf5TAkWd ANY M184AT, TSrU 00 QONG WN Of AW OONTRACT OR OTHic11 OOCUbftr WMf A10 WT T'0 IYK" TH S CgWff ICArl MAY N Wi W OR fAAr PWrTAal TNd r1S MKI AMOW D fY 74 PMAO DUCAlilO l"lk 6 SYLI/CT TO ALL THE TEFOAG, OtGW8�OMl fA OF SIJCi( POuCRB, Wll[C'! 4R104YN W Lili HFOUCO PAq ca T17lOFw '"u" GIFAM ftIGYl mbou IlYl1f Gommv*%" 0 Aaaao . o�p 0 4 Jl 1 ftwAA% . aAMWAve5DgCCua Iaml7376i2 6/20/00 1/01/01 Mnouo+s ],A00 600 +�loirAi.aAovlT.ca . OGO,a SACH ggcv~i Li 00, 600 O%Wf" a CDNTFU CTOWS /ROT ! sy� OOO wlbv► A x wyA m fawJ4373316 ilso/a0 1/01/01 eau.A�arr�ou+rlrt �+ i o Da THr 1lnM � APA GFWMW AVM ICWAULMALMN IrAfRA1RD: iock4 wbAUTOS - • +1ar'_i is� 4 l` 1',1�rLYIYIKMII C'll Y' vl.i':iet FG R eti MIn/pD ' I�lE�d15MA6! i _ . TrIj! 7idt�i'��L� y y •AAAA. LMANAW DUP. : = C 1 tj A41TV O LT • ^_CCVZ T • THAN rLT: aW AWO FMN ACCAWT ME SEMI WANV" 1 a eA ! ApnAfOATF ! �w�u► ww wp "AM 4w I I MIN OMNP�Tvq Aw '""""� ptfFc6066ss6 6/30/00 L/01/01 x r IL "C" Act= + to0aaoa A I *,, ,�,� Rw,-,4,-. Af! s�cs06ssza I + 0/30/00 t/ol/e] -ntx, uff q 10 ao a exwF►cDrff 1000 A c XQT404X ram CASw f IT34360-6060 MGM 6/30/01 01,000.000 tint% sas "on ONCIPPI f vnlATmrTJ►+ae ,nMs�fT+�a1dllaAtivrdl6 - so [Y" of isdat3Mat aa ftab its ems, Offinwe and ngftew ass sWtL al Named an on rww" ty zmmwa s. . .. ".:.y.dyweiy ; :2• pA ..wl ...', . N .:s SNP AIR V TTK MM OQCMMI fOMM M OIII MW MfoW TA (i of wwwostm bwch !i a JktFkMt3>*W wwft"" 0.7 '"M w. r" awwa camw Mau 5" _ QA" uua rM WW" rO M BNOWIrAU MEAN AA W TE Tw LWL y C rt* TOTAL PAGE.02 ** crycppk W r "" ',SURA!vCE COMPANY OF AMERICA NSURANCE COMPANY OF AMERICA V FIRS- ="ONAL INSURANCE COMPANY OF AMERICA SAFECU HO"'= = CE: SAFECO PLAZA Bond 6042984 KNOW ALL BY THESE PRESENTS. That we, EMERGENCY ONE, INC as Principal, and the SAFECO INSURANCE COMPANY OF AMERICA, a corporation o__=ed under the Iaws of the State of Washington, and authorized to transact the business of surety in the State of +,',•'.ASHINGTON' as Surety, are held and firmly bound unto THE CITY OF HUNTIti-TON BEACH, CALIFORNIA in the just and full sum of Two Million and 00/'i00 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($ 2,000,000.00 ), for which sum, well and truly to be paid, we bind ourselves, our heirs, exectaors, adrninistra_c successors and assigns, jointly and severally, firmly by these presents. Sealed with our seals, and dated this 18TH day of September _ _ , 2000 THE CONDITION OF THIS OBLIGATION IS SUCH, That, WHEREAS, the condition of tNs _•bliaation is such, that, whereas, during the entire term of the required coverages under any of the policies required by the =-5reement between the City of Huntington Beach and Emergencv One. Inc. for the repair and rebuild of fcu7 Saulsbury =:-e Enpines as approved by the Cit Council of the City of Huntington Beach on September 18, 2000, Emerge-c,/ One, Inc. s`Eil undertake all obligations fincludina.without limitation defense and indemnitv obligations) to Citv wKch the aoolicat-'_ !nsurance Carriers would be responsible to City as if the self-insurance retentions and/or deductibles under those po"ces never existed NOW, THEREFORE, If the said Principal shall pay the full amount of all sums which beco:'= due for any self -insured retentions and or deductibles under the terms of the agreement then this obligation to be void; otherwise, to remain in full force and effect. ?" TO FORMa T,.. ty At EMERGENCY ON=- INC (Seal) Principal AFFOLTE fly'. off . P . w�a!ra+rr� tht!reN•n (Seal) Principal SAFECO INSUb C—= COMPANY OF AMERICA By V, - J N . BELKE Attorney -in -Fact S-1227/SAEF 2198 D Registered trademark of SAFECO Corporation. SAFECOO POWER 0G.AFECO INSURANCE COMPANY OF AMERICA ENERAL NCE OF ATTORNEY HOME OFFICE: SAFECO PLAZA COMPANY OF AMERICA SEATTLE, WASHINGTON 98185 No. 10179 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint l ♦ki tf+if #+f if## f.f+++++#f1#ff+#f #1 i+tt+if#fELEI+L t. CYRUS; JEAtr K. BELKE DAMES L. STONE; Chicago, III[nOlS##f#f f#f ii#++t+#f ff+f+f►i#+.+ffi+il++#i+i++#f+f its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 9th day of June 1 1999 R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extractfrom the By-Lawsof SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any band or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of attomey appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attomey appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attomey issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seat of said corporation this I STH day of . SEPTEMBER , 2000 SEAL SEAL Z .ref 1963 ls2% `eof yy�y�� R.A. PIERSON, SECRETARY S-09741SAEF 7198 49 Registered trademark of SAFECO Corporation. 819199 PDF SAFECO STATE OF Illinois County of Cook ACKNOWLEDGMENT BY SURETY I ss. CO INSURANCE COMPANY OF AMERICA RAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 On this 18th day of September , 2000 , before me personally appeared JEAN K. BELKE , known to me to be the Attorney -in -Pact of SAFECO INSURANCE COMPANY OF AMERICA, GENERAL INSL:RANCE COMPANY OF AMERICA, FIRST NATIONAL INSURANCE COMPANY OF AMERICA or SAFECO NATIONAL INSURANCE COMPANY, the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. •a1�1e��aee�va�asa4sa�ev�v.` "OFFICIAL SEAL" ELENA M • CYRUS Notary Public. State of Illinois 44 (Seal) My Commission Expires 4l31J103 i •�e���+eee�o•eeee�e.�e���o�• Notar 4 Public in the Countv of COOK of ® Registered trademark of SAFECO Corporation. S-2301EP 5191 PRINTED IN U.S.A. III CITY OF HUNTINGTON BEACH Inter -Department Communication To: CONNIE BROCKWAY, City Clerk From: GAIL HUTTON, City Attorney Date: September 11, 2000 Subject: AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND EMERGENCY, INC. FOR REPAIR AND REBUILD OF FOUR SAULSBURY FIRE ENGINES I have initialed the above -referenced agreement with Emergency One, Inc. I am not able to sign the agreement until my office receives and approves the required insurance certificates and bond. Please, however, put the agreement on the agenda for the upcoming City Council meeting on Monday, September 18, 2000. GAIL Ff TTON City Attorney Attachment: Agreement Between the City of Huntington Beach and Emergency One, Inc. for Repair and Rebuild of Four Saulsbury Fire Engines RCA ROUTING SHEET INITIATING DEPARTMENT: FIRE SUBJECT: Authorize Agreement with Emergency One, Inc. for Repair and Rebuild of Four Saulsbury Fire Engines and Expenditure from the Unappropriated Fund Balance of the Equipment Replacement Fund COUNCIL MEETING DATE: September 18, 2000 RCA ATTACHMENTS',' STATUS �.� �� �:.�.�, Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attomey) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Attached (Explain) Financial Impact Statement (Unbudget, over $5,000) Attached Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable -EXPLANATION FOR MISSING ATTACHMENTS ;. Certificate of Insurance not available at this time-, but will be obtained prior to execution of agreement and with approval of the City Attorney. 'IV REVIEWED''-. =. RETURNED: ° ` FORWARDED: Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) EXPLANATION. FOR RETURN_O.F.ITEM. °.