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HomeMy Public PortalAboutAgreement_1977-11-14_Los Angeles County;;tINi t�r xerox Ielecopler 7uY'—Ztl—`JI 3.41 F'm ozoI00Q, olo Goo o101.rN c CHIEF ADIALNISTF VE OFFICER s�eN_;io EXHIBIT VI 34390 11 715 �I 1 ASSUMPTION OF LIABILITY ACRE DIENT 2 3 THIS AGREEMENT, dated for reference purposes only, on the 4 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 Temple City, 7 sometimes hereinafter referred to as the "City." 8I 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 of the 16 Government Cade, and pursuant to §.895.2 thereof joint and several 17 liability is imposed on the parties; and 18 (c) Pursuant to §895.4 of the Government Code the parties 19 as a part of the aforementioned agreements may provide for con - '0 tributioa or indemnification upon any liability ari: izig out of 21 the performance of the agreement; and 22 (d) The County is willing to assume liability and defend 23 and hold the City harmless from any loss, cost or expense caused 24 by the negligent or wrongful acts or omissions of County officers, 25 its agents and employees, occurring in the performance of said 2{, agreement; and 27 �%� T576N-(10/73)- 1146 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I7 18 19 20 21 22 23 24 25 26 27 28 (e) The City is willing to assume liability and defend -and hold the 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, except as hereinafter provided, NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I. The County will assume liability and defend and hold the City harmless from loss, costs or expenses caused by the negligent or wrongful act -or omission of County officers, agents and employees occurring in the performance of agreements between the parties hereto to the extent that such liability is imposed on the City by the provisions of 5895.2 of the Government Code of the State of California. 2. The City will assume liability and defend and hold LL• the County harmless from loss, costs or expenses caused by the negligent or wrongful act or omission of City officers, agents and employees occurring in the performance of agree - meets between the parties hereto to the extent that such liability is imposed on the County by the provisions of 5895.2 of the Government Code of the State of California. In addition, when liability arises pursuant to §58302 et seq., of the Government Code, by reason of a dangerous condition of public property of the City, the City shall assume liability and defend and hold the County harmless from loss, Costs or expenses caused by the negligent or wrongful act or omission of City officers, agents and employees, whether 5im T576N-(10J73}- 1176 1 arising in the performance of an agreement between the 2 parties hereto, with the exception that 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 S 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 - 10 ment between a City and County provides that the County will 11 provide at least the same level of maintenance or inspection. 12 services that the County provides to unincorporated areas, 13 •the County will assume liability and defend and hold the City 14 harmless from loss, costs or expense caused by the negligent i5 or wrongful act or omission of County officers, agents and 16 employees in failing to provide said services in accordance 17 with said agreement. 18 3. The parties further agree that the ,Auditor - 19 Controller of the County shall establish a fund for the pay - 20 ment of losses for which the County may be liable under 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. F 2s 26 27 28 -3- rV,I d-tV—ol i 0,4JrIv1 OItlLiN Q T576N—(10173}— t.76 1 4- It is understood by the parties that the fund 2 referred to in paragraph 3 above is under the full control 3 of the Board of Supervisors and reappropriation of unen- 4 cumbered year-end balances in this £und is discretionary 5 with the Board of Supervisors. 6 5. d 8 d i ""®®'�.,,®®_nE�n rr%'e°"�mi'uF 't D'T'I �>�k �p'"T rcea a. �. uc wade 10 11 ure 12 nd 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 15 Agreements during each fiscal year. In the event that City 16 should elect to terminate its Service Agreement with the 17 County) its responsibility to contribute to the fund pursuant 18 to this agreement shall be limited to payment of amounts 14 which accrue prior to the effective date 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 specifically but not being limited thereby, each party will: F 24 (a) Give prompt notification of 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. /// ac:vl l]I'AGl UJ. ItliebuNI tll IV[1 , U—LU—�I , J•SMr In . 6TS]6N-(10/73)- S 11.76 ULUlQQW_ UIU LVU VIGG.R � 1 (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 received by it to the other party hereto. 6 7. Should City agree, stipulate, consent .too or other - 7 wise suffer the granting of 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 employees in any proceeding or action authorized 11 by law involving a matter arising out of the performance.by 12 the County of services affected hereby without the prior 11 written consent thereto of the County, the City agrees to 14 indemnify, hold harmless, and defend the County from any 15 loss, cost or expense to it arising from such claim, judgment 16 or other award irrespective of the legal basis upon which 17 liability may be imposed by such action including liability 18 of the County under the provisions of Section 895.2 of the 19 Government Code. 20 8. Any party may at its own cost participate in the 21 defense of any suit, or in the prosecution of any appeal 22 affecting matters herein involved where the duty of defense 23 or prosecution is imposed on the other party, and where the Y 24 other party has consented thereto. 25 9. This agreement shall apply to and shall be deemed 26 to be a part of all agreements'now existing or hereafter 27 28 //� J41V1 oT,xerox leleoopler /UGI .. pS 11.79 1 2 3 4 5 6 7 s' 9 10 11 12 13 14 15 .4 16 17 18 19 2(i 21 22 23 24 25 26 27 28 entered into, including amendments, renewals, or other extensions thereof, wherein the City and County have con- tracted under circumstances wherein the liability of the Cit and County is joint and several under §895.2 of the Govern- ment Code of the State of California. The provisions of thi agreement shall supersede and control over any other provi- sions inconsistent therewith in any such contract, heretofor or hereafter entered into by and between the parties hereto, unless by specific reference therein this Assumption of Liability, Agreement is inapplicable. 14. on the effective date of this agreement that cer- tain agreement entitled "Assumption of Liability Amendment,` 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 12:00 A.M., March 15, 1978, unless the aforementioned Assumption of Liability Amendment should be sooner terminated by the parties, in which event the date of such termination shall be the effective date of this agreement. Upon the effective date of this agreement same shall continue during the term of 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 terminated upon the occur rence of the foregoing, or any one or more of the following events; 76T576N-0 0173) - PS 11.76 1 (a) Failure of the City to cooperate with the 2 County as required by this agreement. 3 (b) Upon the City authorizing any judgment, order 4 or other award for damages without the consent- of the 5 County in violation of the terms and provisions of this 6 agreement. 7 (c) Upon the County's election in its absolute 8 discretion to terminate this Assumption of Liability 9 Agreement as to all cities having such service agree 10 ments, with the County. 11 11. To the extent that the County has agreed to indem- 12 nify, defend and waive harmless a city, its officers, agents 13 and employees under this agreement, said obligation shall 14 continue to exist during the term of this agreement whether 15 or not there are sufficient funds for such indemnity, defenst 16 or hold harmless in the fund established by the Auditor - 17 Controller. It is further understood that the County may 18 also utilize said fund for the purchase of commercial 19 insurance and claims management services and for the payment 20 of other costs to cover the exposures of the County hereunder 21 in whole or in part. 22 12. On termination by the City of service contract wits 23 the County, or upon termination by the County for any cause, 24 the County shall continue to indemnify, defend and hold harm, 25 less the City for all claims and losses for which liability 26 is imposed on the County by the terms of this agreement, and 27 28 ®7- stw i�-•xerox ielecopier 'twit J-Ytl-yl d corm ss76w-(I0/7s4- 11a7 /7s4-na7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 .10 21 22 23 24 25 26 27 28 O101040" 010 10;) 5 where arising out of the County's negligent or 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.i,t towards the fund established by the Auditor - Controller on the termination of this agreement. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized officers the day and year hereinafter set forth. V . ADOPTED -,:.IPERV1S0R8 'WGELES log DEC 27191T JAMB & sIn EEGU M OFMC01 CITY OF T'FAalr�� c' �: ; r y M ATTEST this 30th day of 11arch , 1978. (, J Chief DeputyC ty ClGrF COUNTY OF LOS ANGELES By PETER F. SCHABARUM { I ai=an, Board o• Supery ears i ATTEST this 1,d day of _ ,! 1972" 1 =L� JAMES S. MIZE, Executive Officer - Clerk of the Board of Supervisors DARLENE HUDSON By, Deputy