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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
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(e) The City is willing to assume liability and defend and
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hold the County harmless from loss, cost or expenses caused by
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the negligent or wrongful act or omission of city officers, agents
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or employees occurring in the performance of agreements between
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the parties, except as hereinafter provided,
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NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
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1. The County will assume liability and defend and
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hold the City harmless from loss, costs or expenses caused
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by the negligent or wrongful act or omission of County
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officers, agents and employees occurring in the performance
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of agreements between the parties hereto to the extent that
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such liability is imposed on the City by the provisions of
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- §895.2 of the Government Code of the State of California.
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2. The City will assume liability and defend and hold
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the County harmless from loss, costs or expenses caused by
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- the negligent or wrongful act or omission of City officers,
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agents and employees occurring in the performance of agree -
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ments between the parties hereto to the extent that such
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liability is imposed on the'County by the provisions of
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§895.2 of the Government Code of the State of California. In
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addition, when liability arises pursuant to § §830, et seq.,
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of the Government Code, by reason of a dangerous condition
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of public property of the City, the City shall assume
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liability and defend and hold the County harmless from loss,
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costs or expenses caused by the negligent or wrongful act or
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omission of City officers, agents and employees, whether
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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.
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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;
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(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
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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, !
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unless by specific reference therein this Assumption of
10 Liability Agreement is inapplicable.
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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
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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 -
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rence of the foregoing, or any. one or more of the following
26 events:
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(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
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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.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
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By_- '
pu ty
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