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25E - AGMT -COOP COSTA MESA
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25E - AGMT -COOP COSTA MESA
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3/27/2014 3:25:29 PM
Creation date
3/27/2014 3:24:56 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25E
Date
4/1/2014
Destruction Year
2019
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payment request. SANTA ANA will provide information necessary to <br />substantiate that the required progress has not been met. <br />3. SANTA ANA shall pay its proportionate share of construction cost, which is <br />estimated in Exhibit "B" of this Agreement, within thirty (30) days after receipt <br />of an invoice from COSTA MESA. <br />C. JOINT RIGHTS AND DUTIES: <br />1. In the event that expended costs for the PROJECT exceed funds listed in <br />Exhibit "B ", 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 COSTA MESA shall be solely responsible for <br />obtaining additional funding for the increased costs occurring within the <br />jurisdictional boundary of COSTA MESA. <br />2. Responsibilities, Obligations and Mutual Indemnity: <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 COSTA MESA shall accept maintenance <br />responsibility for the portion of the PROJECT within COSTA MESA <br />jurisdictional 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 COSTA MESA under or in connection with <br />any work, authority, or duties delegated to COSTA MESA under this <br />Agreement. It is also understood and agreed that, pursuant to <br />Government Code Section 895.4, COSTA MESA shall fully indemnify, <br />defend and hold SANTA ANA harmless from any liability imposed for <br />injury (as defined by Government Code Section 810.8), occurring by <br />reason of anything done or omitted to be done by COSTA MESA under or <br />in connection with any work, authority, or duties delegated to COSTA <br />MESA under this Agreement. <br />d. Neither COSTA MESA 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 SANTA ANA under or in connection with <br />any work, authority, or duties delegated to SANTA ANA under this <br />Agreement. It is also understood and agreed that pursuant to <br />3 <br />25E -7 <br />
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