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COUNTY OF LOS ANGELESDEPARTMENT OF PUBLIC WORKS

"To Enrich Lives Through Effective and Caring Service"

DONALD L. WOLFE, Director

900 SOUTH FREMONT A VENUEALHAMBRA, CALIFORNIA 91803-133 I

Telephone: (626) 458-5100

ww.1adpw.orgADDRESS ALL CORRESPONDENCE TO:

P.O. BOX 1460ALHAMBRA, CALIFORNIA 91802-1460

January 19, 2006IN REPLY PLEASE

REFER TO FilE: PD-4

The Honorable Board of SupervisorsCounty of Los Angeles383 Kenneth Hahn Hall of Administration500 West Temple StreetLos Angeles, CA 90012

Dear Supervisors:

INSTALLATION OF CATCH BASIN TRASH EXCLUDERS IN THE CITIES OFALHAMBRA, ARCADIA, BURBANK, EL MONTE, GLENDALE, HUNTINGTON PARK,MAYWOOD, PI CO RIVERA, SOUTH EL MONTE, AND VERNONLOS ANGELES COUNTY FLOOD CONTROL DISTRICT-CITY COOPERATIVEAGREEMENTSSUPERVISORIAL DISTRICTS 1 AND 53 VOTES

IT IS RECOMMENDED THAT YOUR BOARD, ACTING AS THE GOVERNING BODYOF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT:

1. Approve and instruct the Mayor of the Board to sign the ten enclosedAgreements between the Los Angeles County Flood Control District andeach of the following Cities: Alhambra, Arcadia, Burbank, EI Monte,

Glendale, Huntington Park, Maywood, Pico Rivera, South EI Monte, andVernon. The Agreements provide for the County to install catch basintrash excluders within each City, and for the Cities to accept the

ownership of the catch basin trash excluders within their respectivejurisdictions and to finance and perform the future maintenance andoperation activities. The Los Angeles County Flood Control District wilfinance the total installation costs, currently estimated to be $750,000.The estimated installation costs include $505,000 for construction contractand $245,000 for engineering support. The California Integrated WasteManagement Board is to finance the entire cost under the Solid WasteDisposal and Codisposal Site Cleanup Program.

The Honorable Board of SupervisorsJanuary 19, 2006

PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION

Public Works, on behalf of the Los Angeles County Flood Control District, proposes toinstall the trash excluders for City-owned catch basins in the Cities of Alhambra,Arcadia, Burbank, EI Monte, Glendale, Huntington Park, Maywood, Pico Rivera,South EI Monte, and Vernon. The trash excluders will reduce the amount of trashentering storm drains within each of the respective Cities in the Los Angeles Riverwatershed. The trash excluders wil be installed on the catch basins that historicallycollect large amounts of trash. The Los Angeles County Flood Control District willfinance the installation costs, currently estimated to be $750,000. The installation costsinclude $505,000 for construction contract and $245,000 for engineering support. OnNovember 30, 2004, your Board accepted a grant in the amount of $750,000 from theCalifornia Integrated Waste Management Board under the Solid Waste Disposal andCodisposal Site Cleanup Program to finance all installation costs.

Your Board's approval of the enclosed Agreements is necessary for the delegation ofmaintenance responsibilities of the proposed trash excluders. The Cities will acceptownership of the trash excluders upon installation and will be responsible for futuremaintenance and operation.

Implementation of StrateQic Plan Goals

This action is consistent with the County Strategic Plan Goal of Service Excellencesince it wil reduce the amount of trash entering municipal storm drains and improvewater qualiy in the streams and ocean.

FISCAL IMPACT/FINANCING

The costs to install the trash excluders in these ten Cities are currently estimated to be$750,000 and are included in the Fiscal Year 2005-06 Flood Control District Budget as100 percent reimbursable through a California Integrated Waste Management BoardGrant. The estimated total project costs include $505,000 for construction contract and$245,000 for engineering support. The recommended action will have no fiscal impacton the County General Fund.

FACTS AND PROVISIONS/LEGAL REQUIREMENTS

The Agreements have been reviewed and approved as to form by County Counsel andwere executed by each respective City.

The Honorable Board of SupervisorsJanuary 19, 2006

ENVIRONMENTAL DOCUMENTATION

On November 30, 2004, Item 44, your Board found this project categorically exemptfrom the California Environmental Quality Act.

IMPACT ON CURRENT SERVICES (OR PROJECTS)

Upon completion, this project will significantly reduce the amount of trash entering stormdrains and improve the quality of the environment. Upon installation, the Cities will beresponsible for future maintenance and operation of the catch basin trash excluders.

CONCLUSION

Enclosed are three originals of each Agreement, which have been executed by theCities and approved as to form by County CounseL. Upon approval, please return twofully executed originals of each Agreement along with one adopted copy of this letter toPublic Works for further processing. The Agreements labeled "COUNTY ORIGINAL"are to be retained for your files.

Respectfully submitted,

:lclt! pc%æNALD L. WOLFE

irector of Public Works

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cc: Chief Administrative Office

County Counsel

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AGREEMENI

THIS AGREEMENT, made and entered into by and between the CITY OFALHAMBRA, a municipal corporation in the County of Los Ange1es, hereinafter referredto as "CITY," and the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a bodycorporate and politic, hereinafter referred to as "DISTRICT":

WlTNESSEIH

WHEREAS, DISTRICT is a political entity separate and distinct from the Countyof Los Angeles "COUNTY" and' is governed by the COUNTY Board of Supervisors,pursuant to Section 3 of the Los Angeles County Flood Control Act; and

WHEREAS, pursuant to Section 56-3/4 of the COUNTY Charter, the DISTRICT'Sfunctions are performed by COUNTY'S Department of Public Works; and

WHEREAS, it is understood that the rights and obligations of DISTRICT hereinapply solely to DISTRICT and not to COUNTY, and that it is intended that any provisionherein for the protection of DISTRICT shall also apply to COUNTY, its Director, officers,employees, and agents performing functions on behalf of DISTRICT; and

WHEREAS, CITY desires to reduce the amount of trash entering storm drainswithin CITY by having DISTRICT install 13 "TRASH EXCLUDER," which partially blockthe openings of catch basins within CITY streets, in approximately 13 CITY ownedcatch basins, to keep trash from entering the catch basins; and

WHEREAS, DISTRICT will administer the procurement and installation ofTRASH EXCLUDERS in the CITY, hereinafter referred to as "PROJECT"; and

WHEREAS, DISTRICT has obtained grant funding on a reimbursement basis,Üñder the Solid Waste Disposal and Codisposal Site Cleanup Program from theCalifornia Integrated Waste Management Board, hereinafter referred to as 'iCIWMB," forPROJECT; and

WHEREAS, DISTRICT is willing to finance CONSTRUCTION CONTRACTCOST at no cost to CITY, currently estimated to be $30,000, to be reimbursed byCIWMB; and

WHEREAS, CITY is willing to accept TRASH EXCLUDERS and be responsiblefor the operation (which includes patrolling TRASH EXCLUDERS, especially duringstorms, to make sure that they are functioning properly and to relieve plugging whennecessary), maintenance, repair, and future replacement of TRASH EXCLUDERS inperpetuity upon completion of PROJECT; and

WHEREAS, PROJECT is entirely within the jurisdictional limits of CITY.

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NOW, THEREFORE, the parties mutually agree as follows:

(1) DEFINITIONS:

a. CONTRACT DOCUMENT PREPARATION, as referred to in thisAGREEMENT, shall consist of environmental documentation; preparationof location maps, specifications, and cost estimates, based on records andmeasurements provided by CITY; and advertise PROJECT forconstruction bids.

b. CONSTRUCTION CONTRACT COST, as referred to in thisAGREEMENT, shall consist of all payments to the contractor or utilityowners for construction of PROJECT and is currently estimated to be$30,000.

c. CONSTRUCTION ADMINISTRATION, as referred to in thisAGREEMENT, shall consist of construction contract administration,construction inspection, materials testing, construction survey, changesand modification of location maps and specifications for PROJECT,

necessitated by unforeseen or unforeseeable field conditions encounteredduring construction of PROJECT, and all other necessary work afteradvertising of PROJECT for construction bids to cause PROJECT to beconstructed in accordance with the location maps and specificationsapproved by CITY.

d. RIGHT-OF-WAY ACQUISITION, as referred to in this AGREEMENT, shallconsist of investigation and preparation of search maps for right-of-wayidentification; property appraisals; title reports; preparation of legaldescriptions; acquisition of any parcel of land and easements includingnegotiations, condemnation activities, and escrow costs; clearing anyimprovements within right of way; obtaining permits to enter otherproperty; incidental and liigation expense; and all other work necessary toacquire right of way for construction of PROJECT.

(2) CITY AGREES:

a. To review various types of "TRASH EXCLUDER" suggested byDISTRICT, perform appropriate analysis, and then select the mostappropriate type for CITY'S catch basin. CITY shall inform DISTRICT ofits selection within 15 calendar days of receiving the specifications forTRASH EXCLUDERS from DISTRICT.

b. To review location map and specifications for PROJECT and provide

comments to DISTRICT within fifteen (15) calendar days at no cost toDISTRICT.

c. Perform and finance RIGHT-OF-WAY ACQUISITION necessary tocomplete project.

d. To seek community support.

e. To authorize the Director of Utilities to approve PROJECT by signing

location map and specifications within fifteen (15) calendar days afterreceiving location map and specifications for PROJECT from DISTRICT.

f. To grant to DISTRICT any temporary or permanent CITY right of way and

easement that is necessary for the construction of PROJECT at no cost toDISTRICT.

g. To issue all necessary permits for PROJECT on a no-fee basis.

h. To remain responsible for the operation and maintenance of CITY catch

basins before, during, and after construction of PROJECT.

i. To be responsible for TRASH EXCLUDERS during construction ofPROJECT, which includes, but is not necessarily limited to, patrol andrelieve plugging, especially during storms.

j. Upon field acceptance of PROJECT by DISTRICT and at no cost toDISTRICT, authorize the Director of Utilities to sign the attachedacceptance form, which indicates CITY is accepting ownership of TRASHEXCLUDERS and responsibility for operation and maintenance of TRASHEXCLUDERS, including all associated costs and liabilities in perpetuity.CITY'S responsibilities include, but are not necessarily limited to:

i. Routinely inspect and repair TRASH EXCLUDERS to ensurethat they are functioning properly.

ii. Replace any damaged or misplaced parts of TRASHEXCLUDERS with parts equivalent to those specified in thedesign specifications.

iii. Patrol and relieve plugging, especially during storms.

k. To be solely liable for any damages resulting from CITY'S actions or

inactions with regards to the operation and maintenance of TRASHEXCLUDERS.

i. To indemnify, defend, and hold harmless COUNTY and DISTRICT, their

agents, officers, and employees, from and against any and all liability andexpense arising from any act or omission of CITY, its officers, employees,agents, or contractors of any tier, in conjunction with PROJECT or TRASHEXCLUDERS, and its ownership, maintenance, and inspection thereofincluding, but not limited to, defense costs, legal fees, Claims, actions, andcauses of action for damages of any nature whatsoever including, but notlimited to, bodily injury, death, personal injury, or property damage.Without limiting the scope of this indemnification, CITY agrees to

indemnify, defend, and hold harmless COUNTY and DISTRICT from andagainst any action relating to the intake of storm water into any CITY catchbasin.

(3) DISTRICT AGREES:

a. To finance and perform CONTRACT DOCUMENT PREPARATION andCONSTRUCTION ADMIN/STRA TION for PROJECT at no cost to CITY.

b. To finance the CONSTRUCTION CONTRACT COST of PROJECT,currently estimated to be $30,000, to be reimbursed by CIWMB.

c. To provide CITY a list of suggested TRASH EXCLUDERS for CITY toselect.

d. To submit location map and specifications for CITY'S review.

e. To submit final location map and specifications for CITY'S approval

r1) IT iS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:

a. PROJECT consists of the work shown on DISTRICT'S location map andspecifications, which will be located in the map vault at the County ofLos Angeles Department of Public Works, Alhambra Headquarters.

b. DISTRICT shall have the right to reject all bids after notifying CITY andmay readvertise PROJECT if DISTRICT deems such action is to be in thebest interests of the DISTRICT.

c. DISTRICT may unilaterally terminate this AGREEMENT without cause, inDISTRICT'S sole discretion at any time by giving thirty (30) calendar daysprior written notice to CITY.

d. Each party shall have no financial obligation to the other party under thisAGREEMENT, except as herein expressly provided.

e. This AGREEMENT may be modified only by the mutual written consent ofboth parties.

f. During construction of PROJECT, DISTRICT shall furnish an inspector or

other representative to ensure that PROJECT is completed according toapproved location maps and specifications. CITY maý also furnish at nocost to DISTRICT, an inspector or other representative. Said inspectorsshall cooperate and consult with each other. CITY inspector shall notissue any directive(s) to DISTRICT'S contractor for PROJECT, but shallwork through DISTRICT'S inspector. The orders of DISTRICT'S inspectorto the contractor or any other person in charge of construction shall prevailand be finaL.

g. In contemplation of the provisions of Section 895.2 of the Government

Code of the State of California imposing certain tort liability jointly uponpublic entities solely by reason of such entities being parties to anagreement (as defined in Section 895 of said Code), each of the partieshereto, pursuant to the authorization contained in Sections 895.4 and895.6 of said Code, will assume the full liability imposed upon it or any ofits officers, agents, or employees by law for injury caused by any act oromission occurring in the performance of this AGREEMENT to the sameextent that such liability would be imposed in the absence of Section 895.2of said Code. To achieve the above-stated purpose, each of the partiesindemnifies and holds harmless the other party for any liabiliy, cost, orexpense that may be imposed upon such other party solely by virtue ofsaid Section 895.2. The provisions of Section 2778 of the California CivilCode are made a part hereof as if incorporated herein.

h. It is understood and agreed that the provisions of the Assumption of

Liability Agreement No. 32045 between CITY and COUNTY, adopted bythe Board of Supervisors with an effective date of November 14, 1977,and currently in effect, are inapplicable to this AGREEMENT.

i. This AGREEMENT contains the complete and final understanding of theparties in connection with the subject matter herein and shall supersedeany and all previous contemporaneous oral or written agreements

between the parties regarding said subject matter.

l. The provisions of this AGREEMENT shall be interpreted and enforcedpursuant to the laws of the State of California.

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k. Any correspondence, communication, or contact concerning thisAGREEMENT shall be directed to the following:

CITY:

Mrs. Christine MontanDirector of UtilitiesCity of AlhambraAttn: James Cowan, Water Quality and Environmental Compo Supervisor111 South First Stre'etAlhambra, CA 91801

DISTRICT:

Mr. Donald L. WolfeActing Chief Engineer of theLos Angeles County Flood Control DistrictCounty of Los AngelesDepartment of Public 'WorksP.O. Box 1460Alhambra, CA 91802-1460

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT tobe executed by their respective officers, duly authorized, by the CITY OF ALHAMBRAon April 11 , 2005, and by the LOS ANGELES COUNTY FLOODCONTROL DISTIRCT on , 2005.

COUNTY OF LOS ANGELES,acting on behalf of the Los AngelesCounty Flood Control District

ByChair, Board of SupervisorsATTEST;

VIOLET VARONA-LUKENSExecutive Officer of theBoard of Supervisors ofthe County of Los Angeles

ByDeputy

APPROVED AS TO FORM:

RAYMOND G. r-ORTNER, JR.County Cou el

By

CITY OF ALHAMBRA

By ,jJMJ rrDANIEL R. GUEO, May

ATTEST:

BF-'-"~CC ~FRCES A. MOORE, City Clerk

APPROVED AS TO FORM:By ~~~JOSEPH M. 0 S, City torney

P:lpdpublFloodlPROJECTSIPriOrily A & B Catch Basin Retrofit in City-Owned Catch Basins in LA River WatershedlAgmt &,board letterlAgreement with ALHAMBRA,doc

AGREEMENI

THIS AGREEMENT, made and entered into by and between the CITY OFHUNTINGTON PARK, a municipal corporation in the County of Los Angeles, hereinafterreferred to as "CITY," and the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT,a body corporate and politic, hereinafter referred to as "DISTRICT":

WlTNESSEIH

WHEREAS, DISTRICT is a political entity separate and distinct from the Countyof Los Angeles "COUNTY" and is governed by the COUNTY Board of Supervisors,pursuant to Section 3 of the Los Angeles County Flood Control Act; and





WHEREAS, DISTRICT has obtained grant funding on a reimbursement basis,under the Solid Waste Disposal and Co-disposal Site Cleanup Program from theCalifornia Integrated Waste Management Board, hereinafter referred to as "CIWMB," forPROJECT; and





(1) DEFINITIONS:



c. CONSTRUCTION ADMINISTRATION, as referred to in thisAGREEMENT, shall consist of construction contract administration,construction inspection, materials testing, construction survey, changesand modification of location maps and specifications for PROJECT,necessitated by unforeseen or unforeseeable field conditions encounteredduring construction of PROJECT, and all other necessary work afteradvertising of PROJECT for construction bids to cause PROJECT to beconstructed in accordance with the location maps and specificationsapproved by CITY.

d. RIGHT-OF-WAY ACQUISITION, as referred to in this AGREEMENT, shallconsist of investigation and preparation of search maps for right-of-wayidentification; property appraisals; title reports; preparation of legaldescriptions; acquisition of any parcel of land and easements includingnegotiations, condemnation activities, and escrow costs; clearing anyimprovements within right of way; obtaining permits to enter other

property; incidental and litigation expense; and all other work necessary toacquire right of way for construction of PROJECT.

(2) CITY AGREES:






e. To authorize the City Engineer andlor Director of Public Works to approve

PROJECT by signing location map and specifications within fifteen(15) calendar days after receiving location map and specifications forPROJECT from DISTRICT.







j. Upon field acceptance of PROJECT by DISTRICT and at no cost toDISTRICT, authorize the City Engineer and/or Director of Public Works tosign the attached acceptance form, which indicates CITY is acceptingownership of TRASH EXCLUDERS and responsibility for operation andmaintenance of TRASH EXCLUDERS, including all associated costs andliabilities in perpetuity. CITY'S responsibilities include, but are notnecessarily limited to:







agents, officers, and employees, from and against any and all liability andexpense arising from any act or omission of CITY, its officers, employees,agents, or contractors of any tier, in conjunction with PROJECT or TRASHEXCLUDERS, and its ownership, maintenance, and inspection thereofincluding, but not limited to, defense costs, legal fees, claims, actions, andcauses of action for damages of any nature whatsoever including, but notlimited to, bodily injury, death, personal injury, or property damage.Without limiting the scope of this indemnification, CITY agrees to



a. To finance and perform CONTRACT DOCUMENT PREPARATION andCONSTRUCTION ADMINISTRATION for PROJECT at no cost to CITY.





(4) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:







other representative to ensure that PROJECT is completed according toapproved location maps and specifications. CITY may also furnish at nocost to DISTRICT, an inspector or other representative. Said inspectorsshall cooperate and consult with each other. CITY inspector shall notissue any directive(s) to DISTRICT'S contractor for PROJECT, but shallwork through DISTRICT'S inspector. The orders of DISTRICT'S inspectorto the contractor or any other person in charge of construction shall prevailand be finaL.


Code of the State of California imposing certain tort liability jointly uponpublic entities solely by reason of such entities being parties to anagreement (as defined in Section 895 of said Code), each of the partieshereto, pursuant to the authorization contained in Sections 895.4 and895.6 of said Code, will assume the full liability imposed upon it or any ofits officers, agents, or employees by law for injury caused by any act oromission occurring in the performance of this AGREEMENT to the sameextent that such liability would be imposed in the absence of Section 895.2of said Code. To achieve the above-stated purpose, each of the partiesindemnifies and holds harmless the other party for any liability, cost, orexpense that may be imposed upon such other party solely by virtue ofsaid Section 895.2. The provisions of Section 2778 of the California CivilCode are made a part hereof as if incorporated herein.



i. This AGREEMENT contains the complete and final understanding of theparties in connection with the subject matter herein and shall supersedeany and all previous contemporaneous oral or written agreementsbetween the parties regarding said subject matter.



CITY:

Mr. Gregory KordunerCity MangerCity of Huntington ParkAttn: Wes Lind, City EngineerlBuilding Official6550 Miles AvenueHuntington Park, CA 90255

DISTRICT:

Mr. Donald L. WolfeActing Chief Engineer of theLos Angeles County Flood Control DistrictCounty of Los AngelesDepartment of Public WorksP.O. Box 1460Alhambra, CA 91802-1460

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IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT tobe executed by their respective officers, duly authorized, by the CITY OFHUNTINGTON PARK on April 18, , 2005, and by the LOS ANGELESCOUNTY FLOOD CONTROL DISTIRCT on ,2005.


ByATTEST: Chair, Board of Supervisors


ByDeputy


RAYMOND G. FORTNER, JR.County Co sel

By /'

CITY OF HUNTINGTON PARK

By Nßb/Mayor

ATTEST:

By:

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AGREEMENI

THIS AGREEMENT, made and entered into by and between the CITY OFMA YWOOD, a municipal corporation in the County of Los Angeles, hereinafter referredto as "CITY," and the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a bodycorporate and politic, hereinafter referred to as "DISTRICT":

WlINESSEIH

WHEREAS, DISTRICT is a poliical entity separate and distinct from the Countyof Los Angeles "COUNTY" and is governed by the COUNTY Board of Supervisors,pursuant to Section 3 of the Los Angeles County Flood Control Act; and



WHEREAS, CITY desires to reduce the amount of trash entering storm drainswithin CITY by having DISTRICT install 8 "TRASH EXCLUDER," which partially blockthe openings of catch basins within CITY streets, in approximately 8 CITY owned catchbasins, to keep trash from entering the catch basins; and

WHEREAS, DISTRICT wil administer the procurement and installation ofTRASH EXCLUDERS in the CITY, hereinafter referred to as "PROJECT"; and

WHEREAS, DISTRICT has obtained grant funding on a reimbursement basis,under the Solid Waste Disposal and Codisposal Site Cleanup Program from the

California Integrated Waste Management Board, hereinafter referred to as "CIWMB," forPROJECT; and

WHEREAS, DISTRICT is wiling to finance CONSTRUCTION CONTRACTCOST at no cost to CITY, currently estimated to be $20,000, to be reimbursed byCIWMB; and



. ot ~ '


(1) DEFINITIONS:





d. RIGHT-OF-WAY ACQUISITION, as referred to in this AGREEMENT, shallconsist of investigation and preparation of search maps for right-of-wayidentification; propert appraisals; title reports; preparation of legaldescriptions; acquisition of any parcel of land and easements includingnegotiations, condemnation activities, and escrow costs; clearing anyimprovements within right of way; obtaining permits to enter otherproperty; incidental and litigation expense; and all other work necessary toacquire right of way for construction of PROJECT.

(2) CITY AGREES:


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b. To review location map and specifications for PROJECT and providecomments to DISTRICT within fifteen (15) calendar days at no cost toDISTRICT.




PROJECT by signing location map and specifications within fifteen (15)calendar days after receiving location map and specifications forPROJECT from DISTRICT.







j. Upon field acceptance of PROJECT by DISTRICT and at no cost toDISTRICT, authorize the City Engineer andlor Director of Public Works tosign the attached acceptance form, which indicates CITY is acceptingownership of TRASH EXCLUDERS and responsibilty for operation andmaintenance of TRASH EXCLUDERS, including all associated costs andliabilties in perpetuity. CITY'S responsibilities include, but are notnecessarily limited to:




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agents, officers, and employees, from and against any and all liability andexpense arising from any act or omission of CITY, its officers, employees,agents, or contractors of any tier, in conjunction with PROJECT or TRASHEXCLUDERS, and its ownership, maintenance, and inspection thereofincluding, but not limited to, defense costs, legal fees, claims, actions, andcauses of action for damages of any nature whatsoever including, but notlimited to, bodily injury, death, personal injury, or propert. damage.Without limiting the scope of this indemnification, CITY agrees to









a. PROJECT consists of the work shown on DISTRICT'S location map andspecifications, which wil be located in the map vault at the County ofLos Angeles Department of Public Works, Alhambra Headquarters.



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other representative to ensure that PROJECT is completed according toapproved location maps and specifications; CITY may also furnish at nocost to DISTRICT, an inspector or other representative. Said inspectorsshall cooperate and consult with each other. CITY inspector shall notissue any directive(s) to DISTRICT'S contractor for PROJECT, but shall

.' work through DISTRICT'S inspector. The orders of DISTRICT'S inspectorto the contractor or any other person in charge of construction shall prevailand be finaL.


Code of the State of California imposing certain tort liabilty jointly uponpublic entities solely by reason of such entities being parties to anagreement (as defined in Section 895 of said Code), each of the partieshereto, pursuant to the authorization contained in Sections 895.4 and895.6 of said Code, will assume the full liability imposed upon it or any ofits offcers, agents, or employees by law for injury caused by any act oromission occurring in the performance of this AGREEMENT to the sameextent that such liabilty would be imposed in the absence of Section 895.2of said Code. To achieve the above-stated purpose, each of the partiesindemnifies and holds harmless the other party for any liabilty, cost, orexpense that may be imposed upon such other part solely by virtue ofsaid Section 895.2. The provisions of Section 2778 of the California CivilCode are made a part hereof as if incorporated herein.

h.. It is understood and agreed that the provisions of the Assumption of

Liabilty Agreement No. 32069 between CITY and COUNTY, adopted bythe Board of Supervisors with an effective date of November 14, 1977,and currently in effect, are inapplicable to this AGREEMENT.

i. This AGREEMENT contains the complete and final understanding of theparties in connection with the subject matter herein and shall supersedeany and all previous contemporaneous oral or written agreements


j. The provisions of this AGREEMENT shall be interpreted and enforced

pursuant to the laws of the State of California.

j'. ,


CITY:

Mr. Willam PagettCity EngineerCity of MaywoodAttn: Wes Lind, City NPDES Coordinator4319 E. Slauson AvenueMaywood, CA 90270

DISTRICT:


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IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT tobe executed by their respective officers, duly authorized, by the CITY OF MA YWOODon April 26 , 2005, and by the LOS ANGELES COUNTY FLOODCONTROL DISTIRCT on ,2005.


ByChair, Board of SupervisorsATTEST:


ByDeputy


RAYMOND G. FORTNER, JR.Cou nty Cou sel

By

By

ATTEST:

By

ECTSIPnonty A & B Catch Basin Retrofit in City-Owned Catch Basins in LA River WatershedlAgml & board lellerlgreennnt with MA YWOOD.doc

By:

A G R E E MEN I NO. 05-916

THIS AGREEMENT, made and entered into by and between the CITY OFPICO RIVERA, a municipal corporation in the County of Los Angeles, hereinafterreferred to as "CITY," and the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT,a body corporate and politic, hereinafter referred to as "DISTRICT":

WlINESSEIH












(1) DEFINITIONS:





d. RIGHT-OF-WAY ACQUISITION, as referred to in this AGREEMENT, shallconsist of investigation and preparation of search maps for right-of-wayidentification; property appraisals; title reports; preparation of legaldescriptions; acquisition of any parcel of land and easements includingnegotiations, condemnation activities, and escrow costs; clearing anyimprovements within right of way; obtaining permits to enter otherproperty; incidental and litigation expense; and all other work necessary toacquire right of way for construction of PROJECT.

(2) CITY AGREES:






e. To authorize the City Engineer and/or Director of Public Works to approve








j. Upon field acceptance of PROJECT by DISTRICT and at no cost toDISTRICT, authorize the City Engineer andlor Director of Public Works tosign the attached acceptance form, which indicates CITY is accepting

ownership of TRASH EXCLUDERS and responsibility for operation andmaintenance of TRASH EXCLUDERS, including all associated costs andliabilities in perpetuity. CITY'S responsibilities include, but are notnecessarily limited to:















(4) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:.









Code of the State of California imposing certain tort liability jointly uponpublic entities solely by reason of such entities being parties to anagreement (as defined in Section 895 of said Code), each of the partieshereto, pursuant to the authorization contained in Sections 895.4 and895.6 of said Code, wil assume the full liability imposed upon it or any ofits officers, agents, or employees by law for injury caused by any act oromission occurring in the performance of this AGREEMENT to the sameextent that such liability would be imposed in the absence of Section 895.2of said Code. To achieve the above-stated purpose, each of the partiesindemnifies and holds harmless the other party for any liability, cost, orexpense that may be imposed upon such other party solely by virtue ofsaid Section 895.2. The provisions of Section 2778 of the California CivilCode are made a part hereof as if incorporated herein.






CITY:

Mrs. Gail FarberDirector of Public Works I City EngineerCity of Pico RiveraAttn: Juan Balanay, Assistant City EngineerP.O. Box 1016Pico Rivera, CA 90660

DISTRICT:


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IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT tobe executed by their respective officers, duly authorized, by the CITY OF PICO RIVERAon , 2005, and by the LOS ANGELES COUNTY FLOODCONTROL DISTIRCT on ,2005.


ATTEST:


ByDeputy


RAYMOND G. FORTNER, JR.::unNc~~~

CITY OF PICO RIVERA

By~ Q~()Id~~Mayor

By:

By

ByChair, Board of Supervisors

P:lpdpublFIOodlPROJECTSIPriority A & B Catch Basin Retrofit in City-Owned Catch Basins in LA River WatershedlAgmt & board letterlAgreement with PIca RIVERA,doc

AGREEMENI

THIS AGREEMENT, made and entered into by and between the CITY OFSOUTH EL MONTE, a municipal corporation in the County of Los Angeles, hereinafterreferred to as "CITY," and the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT,a body corporate and politic, hereinafter referred to as "DISTRICT":

WlINESSEIH








WHEREAS, DISTRICT is wiling to finance CONSTRUCTION CONTRACTCOST at no cost to CITY, currently estimated to be $65,000, to be reimbursed byCIWMB; and

WHEREAS, CITY is wiling to accept TRASH EXCLUDERS and be responsiblefor the operation (which includes patrolling TRASH EXCLUDERS, especially duringstorms, to make sure that they are functioning properly and to relieve plugging whennecessary), maintenance, repair, and future replacement of TRASH EXCLUDERS inperpetuity upon completion of PROJECT; and



(1) DEFINITIONS:





(2) CITY AGREES:














j. Upon field acceptance of PROJECT by DISTRICT and at no cost toDISTRICT, authorize the City Engineer andlor Director of Public Works tosign the attached acceptance form, which indicates CITY is accepting

ownership of TRASH EXCLUDERS and responsibiliy for operation andmaintenance of TRASH EXCLUDERS, including all associated costs andliabilities in perpetuity. CITY'S responsibilities include, but are notnecessarily limited to:



III. Patrol and relieve plugging, especially during storms.





indemnify, defend, and hold harmless DISTRICT from and against anyaction relating to the intake of storm water into any CITY catch basin.







f. To indemnify, defend, and hold harmless CITY, its agents, officers, and

employees, from and against any and all liability and expense arisingfrom any act or omission of DISTRICT, its officers, employees, agents, orcontractors of any tier, in conjunction with PROJECT or TRASHEXCLUDERS, including, but not limited to, defense costs, legal fees,claims, actions, and causes of action for damages of any naturewhatsoever including, but not limited to, bodily injury, death, personalinjury, or property damage.








CITY:

Mr. Gary ChicotsCity ManagerCity of South EI MonteAttn: John L. Hunter and Cesar Garcia1415 North Santa Anita AvenueSouth EI Monte, CA 91733

DISTRICT:


II

IIIIIIIIIIIIIIIIIIII

.

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT tobe executed by their respective officers, duly authorized, by the CITY OF SOUTH ELMONTE on , 2005, and by the LOS ANGELES COUNTY FLOODCONTROL DISTIRCT on ,2005.




ByDeputy


RAYMOND G. FORTNER, JR.Cou nty Cou n el

By

CITY OF SOUTH EL MONTE

BY_~õV.!x~Mayor

ATTEST:

By

By:

P:lpdpublFIOodlPROJECTSIPriority A & B Catch Basin Retrofi in City-Owned Catch Basins in LA River WatershedlAgmt & board letlerlAgreement with SOUTH EL MONTE.doc

,::.~ ., ,

AGREEMENT

THIS AGREEMENT, made and entered into by and between the CITY OFVERNON, a municipal corporation in the County of Los Angeles, hereinafter referred toas "CITY," and the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a bodycorporate and poliic, hereinafter refßrr~d to as "DISTRICT":

WIINESSETH

WHEREAS, DISTRICT is a political entity separate and distinct from the Countyof Los Angeles "COUNTY and is governed by the COUNTY Board of Supervisors,pursuant to Section 3 of the Los Angeles County Flood Control Act; and '


WHEREAS, it is understood that the rights and obligations of DISTRICT hereinapply solely to DISTRICT and not to COUNTY, and that it is intended that any provisionherein for the protection of DISTRICT shall also apply to COUNTY, its Director, offcers,employees, and agents performing functions on. behalf of DISTRICT; and

, WHEREAS, CITY desires to conduct a test case to reduce the amount of trashentering storm drains within CITY by having DISTRICT install 25 "TRASH EXCLUDER,"which partially block the openings of catch basins within CITY streets, in approximately25 CITY owned catch basins, to keep trash from entering the catch basins; and




WHEREAS, DISTRICT is willng to finance CONSTRUCTION CONTRACTCOST at no cost to CITY, currently estimated to be $55,000, to be reimbursed byCIWMB; and

WHEREAS, CITY is wiling to accept TRASH EXCLUDERS and be responsiblefor the operation (which includes patrollng TRASH EXCLUDERS, especially duringstorms, to make sure that they are functioning properly and to relieve plugging whennecessary), maintenance, repair, and future replacement of TRASH EXCLUDERS uponcompletion of PROJECT; and

WHEREAS, PROJECT is entirely within the juris~Hctionallimits of CITY.

lof?

'.' "l, .j ,


(1) DEFINITIONS:

a. CONTRACT DOCUMENT PREPARATION" as referred to in thisAGREEMENT, shall consist of environmental documentation; preparationof location maps, specifications, and cost estimates, based on records andmeasurements provided by CITY; and advertise PROJECT forconstruction bids.n;. .

b. CONSTRUCTION CONTRACT COST, as referred to in thisAGREEMENT, shall consist of all payments to the contractor or utiltyowners for construction of PROJECT and is currently estimated to be$55,000.

c. CONSTRUCTION ADMINISTRATION,' ,as referred to in this,AGREEMENT, shall consist of construction contract administration,construction inspection, materials testing, construction survey, changesand modification of location maps and specifications for PROJECT,necessitated by unforeseen or unforeseeable field conditons encounteredduring construction of PROJECT, and all other necessary work afteradvertising of PROJECT for construction bids to cause PROJECT to beconstructed in accordance with the location maps and specificationsapproved by CITY. '

d. RIGHT-OF-WAY ACQUISITION, as referred to in this AGREEMENT, shallconsist of investigation and preparation of search maps for right-of-wayidentification; propert appraisals; title reports; preparation of legaldescriptions; acquisition of any parcel of land and easements includingnegotiations, condemnation activities, and escrow costs; clearing anyimprovements within right of way; obtaining permits to enter other


(2) CITY AGREES:

a. To review various types of "TRASH, EXCLUDER" suggested byDISTRICT, perform appropriate analysis, and then select the most

appropriate type for CITY'S catch basin. CITY shall inform DISTRICT ofits selection within 15 calendar days of receiving the specifications forTRASH EXCLUDERS from DISTRICT.

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. . - . )~ l i , .


comments to DISTRICT within fifteen (15) calendar days ,at no cost toDISTRICT.



e. To authorize the City Engineer and/or Director of Public Works to approvß



easement that is necessary for the construction of PROJECT at no cost to 'DISTRICT.




i. Upon field acceptance of PROJECT by DISTRICT and at no cost toDISTRICT, authorize the City Engineer and/or Director of Public Works tosign the attached acceptance form, which indicates CITY is accepting

ownership of TRASH EXCLUDERS and responsibilty for operation andmaintenance of TRASH EXCLUDERS, including all associated costs andliabilties. CITY'S responsibilties include, but are not necessarily limited to:


ii. Replacß any damaged or misplaced parts of TRASHEXCLUDERS with parts equivalent to those specified in thedesign specifications.




30f7

. ," . ~

I.' To indemnify, defend, and hold harmless COUNTY and DISTRICT, their

agents, offcers, and employees, from and, against any and all liabilty andexpense arising from any act or omission of CITY, its offcers, employees,agents, or contractors of any tier, in conjunction with PROJECT or TRASHEXCLUDERS, and its ownership, maintenance, and inspection thereofincluding, but not limited to, defense costs, legal fees, claims, actions, andcauses of action for damages of any nature whatsoever including, but notlimited to, bodily injury, death, personal injury, or propert damage.Without limiting the scope of this indemnification, CITY agrees to

indemnify, defend, and hold harmless COUNTY and DISTRICT from and, against any action relating to the intake of storm water into any CITY catch

basin. '








a. If TRASH EXCLUDERS cause a threat to life or propert, CITY, at its solediscretion, shall be allowed to remove the TRASH EXCLUDER at its cost.

b. PROJECT consists of the work shown on DISTRICT'S 10cation map andspecifications, which wil be located in the map vault at the County ofLos Angeles Department of Public Works, Alhambra Headquarters.DISTRICT'S location map is incorporated into this AGREEMENT byreference.

c. DISTRICT shall have the right to reject all bids after notifying CITY andmay readvertise PROJECT if DISTRICT deems such action is to be in thebest interests of the DISTRICT.

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. ."" ~ ..~ I

, ,

d. DISTRICT may unilaterally terminate this AGREEMENT without cause, inDISTRICT'S sole discretion at any time by giving thirty (30) calendar daysprior written notice to CITY.

e. Each party shall have no financial obligation to the other party ,under thisAGREEMENT, except as herein expressly provided.

f. This AGREEMENT may be modified only by the mutual written consent ofboth parties. '

g. During construction of PROJECT, DISTRICT shall furnish an inspector or


h. In contemplation of the provisions of Section 895.2 of the Government

Code of the State of California imposing certain tort liabilty jointly uponpublic entities solely, by reason of such entities being parties to anagreement (as defined in Section 895 of said Code), each of the partieshereto, pursuant to the authorization contained in Sections 895.4 and895.6 of said Code, wil assume the full liabilty imposed upon it or any ofits officers, agents, or employees by law for injury caused by any act oromission occurring in the performance of this AGREEMENT to the sameextent that such liabilty would be imposed in the absence of Section 895.2of said Code. To achieve the above-stated purpose, each of the partiesindemnifies and holds harmless the other party for any liabilty, cost, orexpense that may be imposed upon such other party solely by virtue ofsaid Section 895.2. The provisions of Section 2778 of the California CivilCode are made a part hereof as if incorporated herein.

i. It is understood and agreed that the provisions of the. Assumption of


j. This AGREEMENT contains the cOrnplete and final understanding of theparties in connection with the subject matter herein and shall supersedeany and all previous contemporaneous oral or written agreements


50f7

~.: ",.

IIIIIIIIIIIIIIIIIIIIIIIIII

IIII

IIIIIIIIII

, . . "

k. The provisions of this AGREEMENT shall be interpreted and enforcedpursuant to the laws of the State of California.

i. Any correspondence, communication, or contact concerning thisAGREEMENT shall be directed to the following:

CiTY:

Mr. Samuel Kevin WilsonDirector of Community Services and WaterCity of VernonAttn: Sherwood Natsuhara, Deputy Director Community Servo and Water4305 Santa Fe AvenueVernon, CA 90058

DISTRICT:

Mr. Donald L WolfeActing Chief Engineer of theLos Angeles County Flood Control DistrictCounty of Los AngelesDepartment of Public WorksP.O. Box 1460Alhambra, CA 91802-1460

6of7

. .. 1:.. .. . ~ .-:.~

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT tobe executed by their respective offcers, duly authorized, by the CITY OF VERNON on

, 2005, and by the LOS ANGELES COUNTY FLOOD CONTROLDISTIRCT on ,2005.

LOS ANGELES COUNTYFLOOD CONTROL DISTRICT,a body corporate and politic



ByDeputy


RAYMOND G. FORTNER, JR..County Co sel

By

CITY OF VERNON

By ~~~~~ ~ Mayor'

ATTEST:

By: ~ --Ac ting City'Clerk

By ~ ci~6P:\pdpub\FoodlROJECTSlPority A & B Catch Basin Retrt In Cities tributary to LA River, Phese 1AlAmt & board lettergreemant with VERNON - finaLdoc

7of7

. -,

AGREEMENI

THIS AGREEMENT, made and entered into by and between the CITY OFBURBANK, a municipal corporation in the County of Los Angeles, hereinafter referredto as "CITY," and the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a bodycorporate and politic, hereinafter referred to as "DISTRICT":

WlINESSEIH









WHEREAS, CITY is willing to accept TRASH EXCLUDERS and be responsiblefor the operation (which includes patrollng TRASH EXCLUDERS, especially duringstorms, to make sure that they are functioning properly and to relieve plugging whennecessary), maintenance, repair, and future replacement of TRASH EXCLUDERS inperpetuity upon completion of PROJECT; and


, ,

NOW, THEREfORE, the parties mutually agree as follows:

(1) DEFINITIONS:




d. RIGHT-Of-WAY ACQUISITION, as referred to in this AGREEMENT, shallconsist of investigation and preparation of search maps for right-of-wayidentification; property appraisals; title reports; preparation of legaldescriptions; acquisition of any parcel of land and easements includingnegotiations, condemnation activities, and escrow costs; clearing anyimprovements within right of way; obtaining permits to enter other


(2) CITY AGREES:


b. To reimburse DISTRICT for cost increase, if the CITY changes itsselection of the type of TRASH EXCLUDER after the award ofconstruction contract.

c. To review location map and specifications for PROJECT and provide


d. Perform and finance RIGHT-Of-WAY ACQUISITION necessary tocomplete project.

e. To seek community support.

f. To authorize the City Engineer andlor Director of Public Works to approve


g. To grant to DISTRICT any temporary or permanent CITY right of way and


h. To issue all necessary permits for PROJECT on a no-fee basis.

i. To remain responsible for the operation and maintenance of CITY catch


j. To be responsible for TRASH EXCLUDERS during construction ofPROJECT which includes, but is not necessarily limited to, patrol andrelieve plugging, especially during storms.

k. Upon field acceptance of PROJECT by DISTRICT and at no cost toDISTRICT, authorize the City Engineer andlor Director of Public Works tosign the attached acceptance form, which indicates CITY is accepting

ownership of TRASH EXCLUDERS and responsibility for operation andmaintenance of TRASH EXCLUDERS, including all associated costs andliabilities in perpetuity. CITY'S responsibilities include, but are notnecessarily limited to:




'"

i. To be solely liable for any damages resulting from CITY'S actions or


m. To indemnify, defend, and hold harmless COUNTY and DISTRICT, their













, ,






Code of the State of California imposing certain tort liability jointly uponpublic entities solely by reason of such entities being parties to anagreement (as defined in Section 895 of said Code), each of the partieshereto, pursuant to the authorization contained in Sections 895.4 and895.6 of said Code, wil assume the full liabilty imposed upon it or any ofits officers, agents, or employees by law for injury caused by any act oromission occurring in the performance of this AGREEMENT to the sameextent that such liability would be imposed in the absence of Section 895.2of said Code. To achieve the above-stated purpose, each of the partiesindemnifies and holds harmless the other party for any liability, cost, orexpense that may be imposed upon such other party solely by virtue ofsaid Section 895.2. The provisions of Section 2778 of the California CivilCode are made a part hereof as if incorporated herein.






"


CITY:

Mr. Bruce S. FengDeputy City ManagerlPublic Works and Capital ProjectsCity of BurbankAttn: Daniel Wall, Senior Civil Engineer275 East Olive AvenueBurbank, CA 91510

DISTRICT:


IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII

; - - \~

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT tobe executed by their respective officers, duly authorized, by the CITY OF BURBANK on

, 2005, and by the LOS ANGELES COUNTY FLOOD CONTROLDISTIRCT on ,2005.

LOS ANGELES COUNTYFLOOD CONTROL DISTRICT,a body corporate and poliic



ByDeputy


RAYMOND G. FORTNER, JR.County Co sel

By

CITY OF BURBANK

Mayor

ATTEST:

By:

By

P:\ppub\Flood\PROJECTS\Priori A B Catch Basn Retrorrt In Cities tributary to LA River. Phas 1A\Agmt & board lelteMgreement with BURBANK revised per City comments.doc

'.

AGREEMENI

THIS AGREEMENT, made and entered into by and between the CITY OFGLENDALE, a municipal corporation in the County of Los Angeles, hereinafter referredto as "CITY," and the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a bodycorporate and politic, hereinafter referred to as "DISTRICT":

WlINESSEIH









WHEREAS, CITY is wiling to accept TRASH EXCLUDERS and be responsiblefor the operation (which includes patrolling TRASH EXCLUDERS, especially duringstorms, to make sure that they are functioning properly and to relieve plugging whennecessary), maintenance, repair, and future replacement of TRASH EXCLUDERS inperpetuity upon completion of PROJECT; and



(1) DEFINITIONS:



c. CONSTRUCTION ADMINISTRATION, as referred to in thisAGREEMENT, shall consist of construction contract administration,construction inspection, materials testing, construction survey, changesand modificatíon of location maps and specifications for PROJECT,necessitated by unforeseen or unforeseeable field conditions encounteredduring construction of PROJECT, and all other necessary work afteradvertising of PROJECT for construction bids to cause PROJECT to beconstructed in accordance with the location maps and specificationsapproved by CITY.

d. RIGHT-OF-WAY ACQUISITION, as referred to in this AGREEMENT, shallconsist of investigation and preparation of search maps for right-of-wayidentification; propert appraisals; title reports; preparation of legaldescriptions; acquisition of any parcel of land and easements includingnegotiations, condemnation activities, and escrow costs; clearing anyimprovements within right of way; obtaining permits to enter otherproperty; incidental and litigation expense; and all other work necessary toacquire right of way for construction of PROJECT.

(2) CITY AGREES:


b. To reimburse DISTRICT for cost increase, if the CITY changes itsselection of the type of TRASH EXCLUDER after the award ofconstruction contract.

c. To review location map and specifications for PROJECT and providecomments to DISTRICT within fifteen (15) calendar days at no cost toDISTRICT.

d. Perform and finance RIGHT-OF-WAY ACQUISITION necessary tocomplete project.

e. To seek community support.

f. To authorize the City Engineer andlor Director of Public Works to approve

PROJECT, by signing location map and specifications within fifteen(15) calendar days after receiving location map and specifications forPROJECT from DISTRICT.

g. To grant to DISTRICT any temporary or permanent CITY right of way and


h. To issue all necessary permits for PROJECT on a no-fee basis.

i. To remain responsible for the operation and maintenance of CITY catch


j. To be responsible for TRASH EXCLUDERS during construction ofPROJECT which includes, but is not necessarily limited to, patrol andrelieve plugging, especially during storms.

k. Upon field acceptance of PROJECT by DISTRICT and at no cost toDISTRICT, authorize the City Engineer andlor Director of Public Works tosign the attached acceptance form, which indicates CITY is accepting

ownership of TRASH EXCLUDERS and responsibilty for operation andmaintenance of TRASH EXCLUDERS, including all associated costs andliabilities in perpetuity. CITY'S responsibilities include, but are notnecessarily limited to:

i. Routinely inspect and repa.ir TRASH EXCLUDERS to ensurethat they are functioning properly.



i. To be solely liable for any damages resulting from CITY'S actions or


m. To indemnify, defend, and hold harmless COUNTY and DISTRICT, their





b. - To finance the CONSTRUCTION CONTRACT COST of PROJECT,currently estimated to be $60,000, to be reimbursed by CIWMB.







c. DISTRICT may unilaterally terminate this AGREEMENT without cause, inDISTRICT'S sole discretion at any time by giving thirty (30) calendar daysprior written notice to CITY..






Code of the State of California imposing certain tort liability jointly uponpublic entities solely by reason of such entities being parties to anagreement (as defined in Section 895 of said Code), each of the partieshereto, pursuant to the authorization contained in Sections 895.4 and895.6 of said Code, will assume the full liability imposed upon it or any ofits officers, agents, or employees by law for injury caused by any act oromission occurring in the performance of this AGREEMENT to the sameextent that such liabilty would be imposed in the absence of Section 895.2of said Code. To achieve the above-stated purpose, each of the partiesindemnifies and holds harmless the other party for any liability, cost, orexpense that may be imposed upon such other party solely by virtue ofsaid Section 895.2. The provisions of Section 2778 of the California CivilCode are made a part hereof as if incorporated herein.







CITY:,

Mr. Stephen M. ZurnDirector of Public WorksCity of GlendaleAttn: Maurice Oillataguerre633 East Broadway Rm 209Glendale, CA 91206

DISTRICT:

Mr. Donald L. WolfeActing Chief Engineer of theLos Angeles County Flood Control DistrictCounty of Los AngelesDepartment of Public WorksP.O. Box 1460

, Alhambra, CA 91802-1460IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII

, ~ .

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT tobe executed by their respective officers, duly authorized, by the CITY OF GLENDALEon , 2005, and by the LOS ANGELES COUNTY FLOODCONTROL DISTIRCT on ,2005.




ByDeputy


RAYMOND G. FORTNER, JR.County Couns

By

By

ATTEST:

BY~lf . y Attorney

P:\ppub\Rood\PROJECTS\Priority A & B Catch Basin Retrofi In Cities tributary to LA River, Phase 1A\Agmt & board letteMgreement with GLENDAlE revised per City comments.doc

C It /J hrt #OSC tJ oiq\.. " . .

AGREEMENT---------THIS AGREEMENT, made and entered into by and between the CITY OF

EL MONTE, a municipal corporation in the County of Los Angeles, hereinafter referredto as "CITY," and the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a bodycorporate and politic, hereinafter referred to as "DISTRICT":

WlINESSEIH











C fI il¡JiO(jf1 ( V~/Cf-ol-


(1) DEFINITIONS:






(2) CITY AGREES:


'.




e. To authorize the City Engineer and/or Director of Public Works to approve








l. Upon field acceptance of PROJECT by DISTRICT and at no cost toDISTRICT, authorize the City Engineer andlor Director of Public Works tosign the attached acceptance form, which indicates CITY is acceptingownership of TRASH EXCLUDERS and responsibility for operation andmaintenance of TRASH EXCLUDERS, including all associated costs andliabilities in perpetuity. CITY'S responsibilities include, but are notnecessarily limited to:


II. Replace any damaged or misplaced parts of TRASHEXCLUDERS with parts equivalent to those specified in thedesign specifications.

III. Patrol and relieve plugging, especially during storms.

k. To be solely liable for any damages resulting from CITY'S actions orinactions with regards to the operation and maintenance of TRASHEXCLUDERS.

i. To indemnify, defend, and hold harmless COUNTY and DISTRICT, theiragents, officers, and employees, from and against any and all liability andexpense arising from any act or omission of CITY, its officers, employees,agents, or contractors of any tier, in conjunction with PROJECT or TRASHEXCLUDERS, and its ownership, maintenance, and inspection thereofincluding, but not limited to, defense costs, legal fees, claims, actions, andcauses of action for damages of any nature whatsoever including, but notlimited to, bodily injury, death, personal injury, or property damage.Without limiting the scope of this indemnification, CITY agrees to












'.










J. The provisions of this AGREEMENT shall be interpreted and enforcedpursuant to the laws of the State of California.


CITY:

Mr. Kev TcharkhoutianCity EngineerCity of EI MonteAttn: Carmen Barsu, Associate Engineer11333 Valley BoulevardEI Monte, CA 91731

DISTRICT:


II

II

II

II

II

II

II

II

II

II

II

II

II

II

II

II

II

II

: .

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT tobe executed by their respective officers, duly authorized, by the CITY OF EL MONTE on

4/19/2005 , 2005, and by the LOS ANGELES COUNTY FLOOD CONTROL

DISTIRCT on ,2005.COUNTY OF LOS ANGELES,acting on behalf of the Los AngelesCounty Flood Control District

ByChair, Board of SupervisorsATTEST:


ByDeputy


RAYMOND G. FORTNER, JR.::uniy c~

Depui~CITY OF EL MONTE

By ''¿tt~/A1Mayor

ATTEST:

Bqf~ ;¿j~~

BY~~P:lpdpublFloodlPROJECTSIPriority A & B Catch Basin Relrofit in City-Owned Catch Basins in LA River WatershedlAgmt & board letlerlAgreemenl with EL MONTE,doc

AGREEMENI

THIS AGREEMENT, made and entered into by and between the CITY OFARCADIA, a municipal corporation in the County of Los Angeles, hereinafter referred toas "CITY," and the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT, a bodycorporate and politic, hereinafter referred to as "DISTRICT":

WlINESSEIH




WHEREAS, CITY desires to reduce the amount of trash entering storm drainswithin CITY by having DISTRICT install 18 "TRASH EXCLUDERS," which partially blockthe openings of catch basins within CITY streets, in approximately 18 CITY ownedcatch basins, to keep trash from entering the catch basins; and







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(1) DEFINITIONS:




d. RIGHT-OF-WAY ACQUISITION, as referred to in this AGREEMENT, shallconsist of investigation and preparation of search maps for right-of-wayidentification; propert appraisals; title reports; preparation of legaldescriptions; acquisition of any parcel of land and easements includingnegotiations, condemnation activities, and escrow costs; clearing anyimprovements within right of way; obtaining permits to enter other


(2) CITY AGREES:

a. To review various types of "TRASH EXCLUDERS" suggested byDISTRICT, perform appropriate analysis, and then select the mostappropriate type for CITY'S catch basins. CITY shall inform DISTRICT ofits selection within 15 calendar days of receiving the specifications forTRASH EXCLUDERS from DISTRICT.


2 of?




PROJECT by signing location map and specifications within fifteen(15) days after receiving location map and specifications for PROJECTfrom DISTRICT.

f. To grant to DISTRICT permission to occupy and use the public streets in

CITY and any temporary or permanent CITY right of way and easementthat DISTRICT and CITY hereafter agree is necessary for the constructionof PROJECT, at no cost to DISTRICT.





j. Upon field acceptance of PROJECT by DISTRICT and at no cost toDISTRICT, authorize the City Engineer andlor Director of Public Works tosign the attached acceptance form, which indicates CITY is acceptingownership of TRASH EXCLUDERS and responsibility for operation andmaintenance of TRASH EXCLUDERS, including all associated costs andliabilities in perpetuity. CITY'S responsibilities include, but are notnecessarily limited to:






30f7

i. To indemnify, defend, and hold harmless COUNTY and DISTRICT, theiragents, officers, and employees, from and against any and all liability andexpense arising from any act or omission of CITY, its officers, employees,agents, or contractors of any tier, in conjunction with PROJECT or TRASHEXCLUDERS, and its ownership, maintenance, and inspection thereofincluding, but not limited to, defense costs, legal fees, claims, actions, andcauses of action for damages of any nature whatsoever including, but notlimited to, bodily injury, death, personal injury, or property damage.Without limiting the scope of this indemnification, CITY agrees to






d. To submit to CITY a location map and specifications for CITY'S review

and comment.

e. To submit final location map and specifications for CITY'S approval.

f. To indemnify, defend, and hold harmless CITY, their agents, officers, and

employees, from and against any and all liability and expense arisingfrom any act or omission of DISTRICT, its officers, employees, agents, orcontractors of any tier, in conjunction with PROJECT or TRASHEXCLUDERS, and its ownership, maintenance, and inspection thereofincluding, but not limited to, defense costs, legal fees, claims, actions, andcauses of action for damages of any nature whatsoever including, but notlimited to, bodily injury, death, personal injury, or property damage.



4of7

b. DISTRICT shall have the right to reject all bids after notifying CITY andmay readvertise PROJECT if DISTRICT deems such action is to be in thebest interests of DISTRICT.





other representative to ensure that PROJECT is completed according toapproved location maps and specifications. CITY may also, but is notobligated to, furnish at no cost to DISTRICT, an inspector or otherrepresentative. Said inspectors shall cooperate and consult with eachother. CITY inspector shall not issue any directive(s) to DISTRICT'S

contractor for PROJECT, but shall work through DISTRICT'S inspector.The orders of DISTRICT'S inspector to the contractor or any other personin charge of construction shall prevail and be finaL.


Code of the State of California imposing certain tort liability jointly uponpublic entities solely by reason of such entities being parties to anagreement (as defined in Section 895 of said Code), each of the partieshereto, pursuant to the authorization contained in Sections 895.4 and895.6 of said Code, wil assume the full liabilty imposed upon it or any ofits officers, agents, or employees by law for injury caused by any act oromission occurring in the performance of this AGREEMENT to the sameextent that such liabilty would be imposed in the absence of Section 895.2of said Code. To achieve the above-stated purpose, each of the partiesindemnifies and holds harmless the other party for any liability, cost, orexpense that may be imposed upon such other party solely by virtue ofsaid Section 895.2. The provisions of Section 2778 of the California CivilCode are made a part hereof as if incorporated herein.



5 of?





CITY:

City ManagerCity of ArcadiaAttn: Tom Tait, Field Services Manager240 West Huntington DriveArcadia, CA91 066-6021

DISTRICT:


IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII

6 of?

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT tobe executed by their respective officers, duly authorized, by the CITY OF ARCADIA on

, 2005, and by the LOS ANGELES COUNTY FLOOD CONTROLDISTIRCT on , 2005.




ByDeputy


RAYMOND G. FORTNER, JR.::unNc~

CITY OF ARCADIA

By ~~ w.ffd1

City Manager

ATW""

BY:l1LCity Clerk

..

APP~ FORM: .BY~P.~CITY ATTORNEY

P:\pdpubIFloodIPROJECTSIPriority A & B Catch Basin Retrofit in Cities tributary to LA River, Phase 1AlAgmt & board letterlAgreement with ARCADIA-final.doc

CONCUR:

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