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TUSTIN, CITY OF (MCFADDEN IMPROVEMENTS)-2013
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TUSTIN, CITY OF (MCFADDEN IMPROVEMENTS)-2013
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Last modified
3/5/2013 11:51:50 AM
Creation date
2/27/2013 3:53:44 PM
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Contracts
Company Name
TUSTIN, CITY OF
Contract #
A-2012-231
Agency
PUBLIC WORKS
Council Approval Date
11/19/2012
Destruction Year
0
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this Agreement, within thirty (30) days after receipt of an invoice from <br />TUSTIN. <br />Joint Rights and Duties: <br />In the event that expended costs for the PROJECT exceed funds listed in <br />Exhibit "A", SANTA ANA shall be solely responsible for obtaining the <br />additional funding for the increased costs occurring within the jurisdictional <br />boundary of SANTA ANA and TUSTIN shall be solely responsible for <br />obtaining additional funding for the increased costs occurring within the <br />jurisdictional boundary of TUSTIN. <br />2. Mutual Indemnity Provision: <br />a. Upon completion of the PROJECT, SANTA ANA shall accept <br />maintenance responsibility for the portion of the PROJECT within SANTA <br />ANA jurisdictional limits, and TUSTIN shall accept maintenance <br />responsibility for the portion of the PROJECT within TUSTIN jurisdictional <br />limits. <br />b. Pursuant to Section 8546.7 of the California Government Code, in the <br />event that this Agreement involves expenditures of State funds <br />aggregating in excess of Ten Thousand Dollars ($10,000), both parties <br />shall be subject to the examination and audit of the Auditor General of the <br />State of California for a period of three (3) years after final payment under <br />this Agreement. <br />c. Neither SANTA ANA nor any officer or employee thereof shall be <br />responsible for any damage or liability occurring by reason of anything <br />done or omitted to be done by TUSTIN under or in connection with any <br />work, authority, or duties delegated to TUSTIN under this Agreement. It is <br />also understood and agreed that, pursuant to Government Code Section <br />895.4, TUSTIN shall fully indemnify, defend and hold SANTA ANA <br />harmless from any liability imposed for injury (as defined by Government <br />Code Section 810.8), occurring by reason of anything done or omitted to <br />be done by TUSTIN under or in connection with any work, authority, or <br />duties delegated to TUSTIN under this Agreement. <br />d. Neither TUSTIN nor any officer or employee thereof shall be responsible <br />for any damage or liability occurring by reason of anything done or omitted <br />to be done by SANTA ANA under or in connection with any work, <br />authority, or duties delegated to SANTA ANA under this Agreement. It is <br />also understood and agreed that pursuant to Government Code Section <br />895.4, SANTA ANA shall fully indemnify, defend and hold TUSTIN <br />harmless from any liability imposed for injury (as defined by Government <br />Code Section 810.8) occurring by reason of anything done or omitted to <br />4
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