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
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EXHIBIT VI 34390
11 715
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ASSUMPTION OF LIABILITY ACRE DIENT
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THIS AGREEMENT, dated for reference purposes only, on the
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14th day of November, 1977, is made and entered into between
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the County of Los Angeles, sometimes hereinafter referred to as
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the "County," and the City of Temple City,
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sometimes hereinafter referred to as the "City."
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RECITALS
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(a) City and County have heretofore contracted for the
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performance of services by County, its officers, agents and
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employees, and will in the future -extend, renew and amend such
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contracts, and enter into other and further contracts for the
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performance of services;, and
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(b) Such contracts are agreements defined under §895 of the
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Government Cade, and pursuant to §.895.2 thereof joint and several
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liability is imposed on the parties; and
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(c) Pursuant to §895.4 of the Government Code the parties
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as a part of the aforementioned agreements may provide for con -
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tributioa or indemnification upon any liability ari: izig out of
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the performance of the agreement; and
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(d) The County is willing to assume liability and defend
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and hold the City harmless from any loss, cost or expense caused
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by the negligent or wrongful acts or omissions of County officers,
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its agents and employees, occurring in the performance of said
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agreement; and
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(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
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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
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T576N-(10J73}-
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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
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terms of this
agreement, and the County agrees to maintain
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the fund for
the purpose of paying such losses which may
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occur through
its performance under agreements to provide
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city services
to the cities within the County. F
2s
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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
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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:
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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;
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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
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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
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pS 11.79
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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;
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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
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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
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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 {
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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