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HomeMy WebLinkAboutC-2831.76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 28 30 C -L'C6 31 320.46; EXHIBIT VI ASSUMPTION OF LIAEILITY AGREDkENT THIS AGREEMENT, dated for reference purpos s only, on the 14th day of November, 1977, is made and entered into between the County of Los Angeles, sometimes hereinafter referred to as the "County," and the City of Arcadia; sometimes hereinafter referred to as the "City." RECITALS (a) City and County have heretofore contracted for the performance of services by County, its officers, agents and employees, and will in the future extend, renew and amend-such contracts, and enter into other and further contracts for the performance of services; and -. (b) Such contracts are agreements defined under §895 of the Government Code, and pursuant to §895.2 thereof joint and several liability is imposed on the parties; and .(c) Pursuant to §395.4 of the Government Code the parties as a part of the aforementioned agreements may provide for con- tribution or index- mification upon zny liability arising out of the performance of the agreement; and (d) The County is willing to assume liability and defend and hold the City harmless from any loss, cost or expense caused by the negligent or wrongful acts or omissions bf County officers, 1 its agents and employees, occurring, in the performance of said agreement; i°.nd i /6 I (e) The City is willing to assume liability and defend and 2 hold the County harmless from loss, cost or expenses caused by 3 the negligent or wrongful act or omission of city officers, agents 4 or employees occurring in the performance of agreements between 5 the parties, except as hereinafter provided, 6 NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 7 1. The County will assume liability and defend and 8 hold the City harmless from loss, costs or expenses caused 9 by the negligent or wrongful act or omission of County 10 officers, agents and employees occurring in the performance 11 of agreements between the parties hereto to the extent that 12 such liability is imposed on the City by the provisions of 13 - §895.2 of the Government Code of the State of California. 14 2. The City will assume liability and defend and hold 15 the County harmless from loss, costs or expenses caused by 16 - the negligent or wrongful act or omission of City officers, 17 agents and employees occurring in the performance of agree - 18 ments between the parties hereto to the extent that such 19 liability is imposed on the'County by the provisions of 20 §895.2 of the Government Code of the State of California. In 21 addition, when liability arises pursuant to § §830, et seq., 22 of the Government Code, by reason of a dangerous condition 23 of public property of the City, the City shall assume 24 liability and defend and hold the County harmless from loss, 25 costs or expenses caused by the negligent or wrongful act or 26 omission of City officers, agents and employees, whether .27 28 -2- SN- (10/73)- /6 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 .28 arising in the performance of an agreement between the parties hereto, with the exception that the County shall 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 any agreement between the parties hereto where a duty is imposed on the County pursuant to such agreement to provide maintenance or inspection services pertaining to said property. Where such an agree- ment between a City and County provides that the County will provide at least the same level of maintenance or inspection services that the County provides to unincorporated areas, the County will assume liability and defend and hold the City harmless from loss, costs or expense caused by the negligent or wrongful act or omission of County officers, agents and employees in failing to provide said services in accordance with said agreement. 3. The parties further agree that the Auditor - Controller of the County shall establish a fund for the pay- menu of losses for which the County may be liable under the terms of this agreement, and the County agrees to maintain the fund for the purpose of paying such losses which may occur through its performance under agreements to provide city services to the cities within the County. -3- 64- (1473)- 76 1 2 3 .4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. It is understood by the parties that the fund referred to in paragraph 3 above is under the full control of the Board of Supervisors and reappropriation of unen- cumbered year -end balances in this fund is discretionary with the Board of Supervisors. 5. The City agrees to make payment to the fund, and the County agrees to require each city receiving services under City Service Agreements to also contribute to the fund. Payments towards the total amount of the fund shall be made by the City in such amounts as may be established by the Auditor - Controller according to the policy and procedure established by the Board of Supervisors, and in the same ratio as the cost of services received by the City is to the total cost to the County for its performance of City Service Agreements during each fiscal year. In the event that City should elect to terminate its Service Agreement with the County, its responsibility to contribute to the fund pursuant to this agreement shall be limited to payment of amounts which accrue prior to the effective date of said termination. 6. Each party agrees to fully cooperate with the other and assist the other party hereto in all matters relating to losses covered by the terms of this agreement, and more specifically but not being limited thereby, each party will: (a) Give prompt notification of all occurrences covered or likely to be covered by the terms hereof, together with the particulars thereof to the other party hereto; -4- 5;6Ir- (FOf73}- 1-76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (b) If claim is made, or suit is brought against a party on occurrences covered or likely to be covered by the terms hereof, such party shall immediately forward every claim, demand, notice, summons or other process'received by it to the other party hereto. 7. Should City agree, stipulate, consent to, or other- wise suffer the granting of any claim, the making of any judgment, order, or other award for damages or other relief against itself or any of its or the County's officers, agents, or employees in any proceeding or action authorized by law involving a matter arising out of the performance by the County of services affected hereby without the prior written consent thereto of the County, the City agrees to indemnify, hold harmless, and defend the County from any loss, cost or expense to it arising from such claim, judgment or other award irrespective of the legal basis upon which liability may be imposed by such action including liability of the County under the provisions.of Section 895.2 of the Government Code. 8. Any party may at its own cost participate in the defense of any suit, or in the prosecution of any appeal affecting matters herein involved where the duty of defense or prosecution is imposed on the other party, and where the other party has consented thereto. 9. This agreement shall apply to and shall be deemed to be a part of all agreements now existing or hereafter -5- 576N- (10/73)- 1176 I entered into, including amendments, renewals, or other 2 extensions thereof, wherein the City and County have con- 3 tracted under circumstances wherein the liability of the City 4 and County is joint and several under §895.2 of the Govern- s went Code of the State of California. The provisions of this 6 agreement shall supersede and control over any other provi- 7 sions inconsistent therewith in any such contract, heretofore; 8 or hereafter entered into by and between the parties hereto, ! 9 unless by specific reference therein this Assumption of 10 Liability Agreement is inapplicable. 11 1 10. On the effective date of this agreement that cer- 12 tain agreement entitled "Assumption of Liability Amendment," 13 if any between the parties, is terminated. -The effective ' 14 date of this agreement is the date executed by the parties, IS but in no event sooner than 12:00 A.M., March 15, 19781 16 unless the aforementioned Assumption of Liability Amendment 17 should be sooner terminated by the parties, in which event 18 the date of such termination shall be the effective date of f 19 this agreement. Upon the effective date of this agreement the '� ►i' same shall continue during the term of any agreement for 21 services to which the same is applicable, unless the County i 22 shall sooner elect to terminate this agreement upon thirty i 23 days written notice to the City. The County further agrees 24 that this agreement shall be only terminated upon the occur - 25 rence of the foregoing, or any. one or more of the following 26 events: 27 28 -6 3 ?6N- (ID /73) -I 1 -76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 '1 4 22 23 24 25 26 27 28 (a) Failure of the City to cooperate with the County as required by this agreement. (b) Upon the City authorizing any judgment, order or other award for damages without the consent of the County in violation of the terms and provisions of this agreement. (c) Upon the County's election in its absolute discretion to terminate this Assumption of Liability Agreement as to all cities having such service agree- ments with the County. 11. To the extent that the County has agreed to indem- nify, defend and waive harmless a city, its officers, agents and employees under this agreement, said obligation shall continue to exist during the term of this agreement whether or not there are sufficient funds for such indemnity, defense! or hold harmless in the fund established by the Auditor Controller. It is further understood that the County may also utilize said fund for the purchase of commercial insurance and claims management services and for the payment i of other costs to cover the exposures of the County hereunder in whole or in part. 12. On termination by the City of service contract with the County, or upon termination by the County for any cause, the County shall continue to indemnify, defend and hold harm- less the City for all claims and losses for which liability i is imposed on the County by the terms of this agreement, and -7- 79 f ' 1: 2 3 d .S 6 7 8 9 10 11 12 13 14 is 15 17 -] 8' 19 20 21 22 .23 24 25 "_'G 27 28 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.it 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. CITY OF ADOPTED BOARD OF SUPERVIaC ^S COUNTY OF Vr, I Q 9 DEC 2 71977 E%EC'JTiVE BFPCER ii ii v ii.0 Mayor A EST this D day of`j� -1978. �77 City C.letk COUNTY OF LOS ANGELES Carman, Boara-of Supervisors ATTEST this 22 day o£ M}QC14 1978. JAMES S. MIZE, Executive Officer - Clerk of the Board of Supervisors i By_- ' pu ty -A-