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Item 11 - OC Streetcar Operations and Maintenance Cooperative Agreement
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01/16/2024 Regular & Special HA & Special SA
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Item 11 - OC Streetcar Operations and Maintenance Cooperative Agreement
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1/23/2024 9:04:04 AM
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1/17/2024 4:40:10 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
11
Date
1/16/2024
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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />COOPERATIVE AGREEMENT NO. C-3-2323 <br />Party shall remain primarily responsible for performance of all obligations and exercise of all rights <br />assigned to each under this Agreement. <br />K. Dispute Resolution: All disputes arising under this Agreement shall be resolved in accordance <br />with the dispute resolution process in this section. The Parties shall diligently cooperate with each other <br />in an effort to resolve any dispute during the dispute resolution process. If a dispute arises under this <br />Agreement, either Party may file a written request with the other Party to invoke the dispute resolution <br />process. Upon receipt of such a request, each Party shall designate a staff representative, which <br />representatives shall meet within 14 days of the date of the written request in an effort to resolve the <br />dispute. If the dispute has not been resolved within 14 days or any extension thereof mutually agreed <br />upon by the Parties, the dispute shall be referred to the CITY's Executive Director of Public Works and <br />the AUTHORITY's Chief Operating Officer, who shall meet within 14 days of the referral in an effort to <br />resolve the dispute. If the Executive Directors are unable to resolve the dispute within fourteen (14) days <br />or any extension thereof mutually agreed upon by the Parties, then the dispute shall be referred to the <br />AUTHORITY's Chief Executive Officer and the CITY's City Manager, who shall meet within fourteen (14) <br />days of the referral in an effort to resolve the dispute. If the dispute remains unresolved within such <br />fourteen (14) days or any extension thereof mutually agreed upon by the Parties, either Party may initiate <br />litigation or seek any remedies available under applicable law. <br />L. Insurance: AUTHORITY is a self -insured public entity and shall maintain for the duration <br />of this agreement insurance against claims for injuries to persons or damages to property that may <br />arise from or in connection with its performance under this agreement. AUTHORITY shall require and <br />verify that all subcontractors maintain insurance meeting all the requirements stated herein and list <br />the CITY as an additional insured. <br />ARTICLE 13. INCORPORATION OF EXHIBITS <br />This Agreement in its entirety includes the Exhibits listed below, all of which are, by this reference, <br />incorporated herein and made part hereof as though fully set forth. The Exhibits of this Agreement are: <br />1 <br />Page 13 of 14 <br />
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