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25F - AGMT - CABRILLO PARK TENNIS COURT
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03/02/2009
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25F - AGMT - CABRILLO PARK TENNIS COURT
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Last modified
1/3/2012 4:22:58 PM
Creation date
2/24/2009 3:29:53 PM
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City Clerk
Doc Type
Agenda Packet
Item #
25F
Date
3/2/2009
Destruction Year
2014
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~. aC'CIwSS 1~NI7 ItI~C,(~ItDS <br />CI"I'Y shall keep true and accurate accounts, records and books in perforznatlce of <br />this Agreement in accordance with generally accepted. accounting principles, Unless <br />otherwise agreed in writing by the County Executive Officer, or designee, CITY shall <br />maintain separate accounting records fcxr all funds received from COUNTY under this <br />Agreezr~ent. All accounting records and evidence pertaining to all costs of CITY shall be <br />kept available at CI~'Y's office or place of business during duration. of this Agreement and <br />thereafter f'or a period not less thazl :live {5} years. CITY shall make all of its records <br />available to COUNTY upon request during regzzlar business hours for the purpose of <br />evaluatis~an or auditizig and shall furnish clerical assistance far these ptuposes to C.~Ot.TNTY as <br />required. CT"I~Y agrees to izllpleczzt all accounting andJor recr.~rcl-keeping recommendations <br />made by COI1N"l`Y for all funds received from COUNTY under this agreement. In the event <br />CITY does not make its books and. financial records available to COUNTY, CITY agrees to <br />pay alI necessary and reasonable expenses, including attorney's fees, incurred by COUNTY <br />in obtaining the records and conducting an audit or evaluation. <br />~~. INDEMNIFICt~TIt"JN ANL) INSUItaNCI: <br />CI'1"Y agrees to indemnify, defend. with counsel approved in writing by <br />COUNTY, and hold C'(~)UN]'Y, its elected and appointed ot~icials, officers, employees, <br />agents and those special districts and agezzcies for which. C(3UNTY'S Board of Supervisors <br />acts as the governing Board ("COt7~1TY INI~EMNIT.I.,f'sS'") harmless from any claims, <br />demands or liability of any kind or nature, including; but not limited. to personal .injury or <br />property dazllage, arising; froz11 or related to the. perfozzrzance provided by CITY pursuant to <br />this A.greemezzt. If judgment is entered against C:;I"l°1' and COUN I'Y by a court of competent <br />jurisdiction because of the concurrent active negligence of C(_)Ul~?TY or COUN"I'Y <br />INI~E~MN `T`EES, CITY and. Ct~I~~~NTY agree that liability will be apportioned as determined <br />by the court or jury. <br />CITY certi#ies that it has insurance coverage or self=insurance that is adequate to <br />cover all risks associated with. the project, If it has insurance coverizzg the project, t~;ITY will <br />add COt:~ITY as an additiozzal insured. <br />4 <br />25F-6 <br />
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