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Home My WebLink About03116 - RIVERSIDE COUNTY STREET MAINTENANCE INDIAN MO5029 County of Riverside Street Maintenance A r for i'_,i ,li ?6':� Indian Ave. g AGREEMENT #3116 MAINTENANCE AGREEMENT M05029, 6-17-92 THIS MAINTENANCE AGREEMENT (the "Agreement") is made and entered into this If day of `, 1 1992 , by and between CITY OF PALM SPRINGS, a munic=i'pal corporation (the "City") and COUNTY OF RIVERSIDE (the "County") . R E C I T A L S The City desires to enter into an agreement with the County for service and maintenance of that portion of Indian Avenue, more particularly described in Exhibit "A, " recently annexed by the City (the "Maintenance Area") . A G R E E M E N T In consideration of the foregoing Recitals and the mutual promises, covenants, and conditions contained herein, and for other good and. valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the County and the City agree as follows: 1. Maintenance and Repair. The County and its contractors, agents and employees shall, at all times, maintain and repair the Maintenance Area. Such maintenance including, but not limited to, patching pot holes, replacing signs and markers, grading shoulders, cleaning culverts, and providing repair of the road surface and shoulder areas on both sides as a result of storm or other damage. 2 . Reimbursement of Costs. The City agrees to reimburse the County for all verifiable costs of maintenance and repair for that portion of Indian Avenue annexed by the City. Prior to beginning performance hereunder, the County shall provide the City with a schedule of the basis upon which costs will be calculated. Such schedule shall be updated annually. Each County officer or department performing any service hereunder shall render to City at the close of each calendar month an itemized statement covering all services performed during said month, and City shall pay County therefor promptly after receipt of such statement. 3 . Recordkeeping. Each County officer or department performing any service for City provided for herein shall keep reasonably itemized and detailed work or job records covering the cost of all services performed, including salary, wages and other compensation for labor, supervision and planning, plus overhead, the reasonable rental value of all County-owned machinery and equipment, rental paid for all rented machinery or equipment, together with the cost of 5/11/92 -1- o)3A MAINTENANCE AGREEMENT WITH COUNTY OF RIVERSIDE a3Aq operation thereof when furnished with said machinery or equipment, the cost of all machinery and supplies furnished by County, reasonable handling charges, and all additional items of expense incidental to the performance of such function or service. 4. Indemnity. This Section shall govern any liability incurred by one party through the fault of the other party. a. Neither City nor any officer or employee of City shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of County under or in connection with any work, authority, or jurisdiction delegated to the County under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895. 4, County shall fully indemnify, defend, and hold City harmless from any liability imposed for injury (as defined by Government Code Section 810. 8) occurring by reason of any acts or omissions on the part of County under or in connection with any work, authority, or jurisdiction delegated to County under this Agreement. b. Neither County nor any officer or employee of County shall be responsible for any damage or liability occurring by reason of any acts or omissions on the part of City under or in connection with any work, authority, or jurisdiction delegated -to the City under this Agreement. It is also understood and agreed that, pursuant to Government Code Section 895. 4, City shall fully indemnify, defend, and hold County harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of any acts or omissions on the part of City under or in connection with any work, authority, or jurisdiction delegated to City under this Agreement. C. City will. assume liability and defend and hold County harmless from any and all loss, costs or expenses (including attorneys fees) to any third party or property which occurs as a result of a design defect or dangerous condition of public property of City. 5. Funding. All work done hereunder is subject to the limitations of Section 23008 of the Government Code, and in accordance therewith, before any work is done or services rendered pursuant hereto, an amount equal to the cost, or an amount ten (10) percent in excess of the estimated cost, must be reserved from the funds of the City to ensure payment for work, services and materials provided hereunder. 6. Term. This Agreement shall remain in effect (i) until such time as the jurisdiction for the westerly 5/11/92 -2- MAINTENANCE AGREEMENT WITH COUNTY OF RIVERSIDE portion of Indian Avenue, more particularly described in Exhibit "B" , rests solely with the City, as a result of annexation, or (ii) upon either party's breach of the term and conditions contained herein, or (iii) until the parties hereto mutually agree to terminate this Agreement. 7. Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon sixty (60) days' written notice to the other, except the period of notice may be such shorter time as may be appropriate when due to default. Upon receipt of any notice of termination, County shall immediately cease all services hereunder except such as may be specifically approved by the City. County shall be entitled to reimbursement for costs for all services rendered prior to the effective date of the notice of termination and for any services authorized by the City thereafter. S. Modification and Termination. This Agreement may not be modified, terminated, or rescinded, in whole or in part, except by a written instrument duly executed and attested by the parties hereto or their successors or assigns. 9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 10. Notices. All notices to be delivered hereunder if personally delivered shall be deemed received when delivered; such notices, if mailed in the United States mail, shall be mailed postage prepaid, registered or certified, with return receipt requested, and shall be deemed delivered on the date stated on the return receipt; and such notices if mailed in any other manner shall be deemed received upon actual receipt. Notices shall be mailed in the above manner to the following addresses: COUNTY OF RIVERSIDE P.O. Box 1090 Riverside, CA 92502 Attn: Director of Transportation CITY OF PALM SPRINGS P.O. Box 2743 Palm Springs, CA 92263-2743 Attn, Public Works Director 13A � 5/11/92 -3- MAINTENANCE AGREEMENT WITH COUNTY OF RIVERSIDE Q!o4 With Copies to: RUTAN & TUCKER 611 Anton Boulevard, Suite 1400 Costa Mesa, CA 92626 Attn: David J. Aleshire Either party may from time to time change the address for notice by notifying the other party of such new address in the manner set forth in this paragraph 10. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. CITY Or--PALM--S$ NGS a mun cipal Corp tion 0 By: ATTEST: Its: By• Judith Sumich City Clerk APPROVED AS TO FORM: RUTAN & TUCKER By: %�Tj'y w-�.G'(�t/yy David Aleshire City Attorney 5/11/92 -4- MAINTENANCE AGREEMENT WITH COUNTY OF RIVERSIDE COUNTY OF RIVERSIDE Its: Chairman, Board of Supervisors ATTEST: 13 -)do By: Qw!. Cc 'Gerald A.. Maloney(' Clerk n`rk of Board 8/178/014084-0001/005 FORM APPROVED COUNTY COUNSEL X 15199? Bye^) Q- 5/11/92 -5- MAINTENANCE AGREEMENT WITH COUNTY OF RIVERSIDE EXHIBIT $'A" ANNEXED PORTION OF INDIAN AVENUE East 1/2 of Indian Avenue from the eastbound on-ramp at 1-10 Freeway to south boundary of Section 26, Township 3 South, Range 4 East. <1 23 •a _''`_'S_ le y F4£....�....... ..... T35. m �?w o Q'KA 4-C s s U HST26 25 . k TF� i mst R, ��t '1Cwi� •�� hNi*�r+y,"q'ti`rNf e-.. 71^A ��a...,.•,` III .a::u>.� .....a " � >.��,rr�".ux»."� �+,xar"6., r .. : - . I + \ ..35 — CITY C)F PALA ' SPI-ZIN(38 I MAINTENANCE AGREEMENT WITH COUNTY OF RIVERSIDE EXHIBIT "B" WESTERLY :PORTION OF INDIAN AVENUE d3�� EXHIBIT "B"