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Home My WebLink AboutA-2007-039 II' ,., _ ',\' ()1' ,'-, II . ".~."", "J . jr,'U','" ""'\\ I, NUl 1\' .JI.dl,f ''.t'.. "'.<1..1-' '.'. , , ";,~ORK ~"WiROCU 0 CLERK OF C'jUNC'L DATE: ,3/7 ic7 A-2007-039 o>PvV/t (I) b-, 1<' e,j(LLla) COOPERATIVE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA UNIFIED SCHOOL DISTRICT This Agreement ("Agreement"), made and entered into this 20th day of February, 2007, by and between the Santa Ana Unified School District, a public school district duly organized and existing under Chapter I of Division 3 of Title 2 of the Education Code of the State of California ("SAUSD"), and the CITY OF SANTA ANA, a charter city and municipal corporation ("SANTA ANA"). RECITALS: A. SANTA ANA is the owner of the traffic signal ("Signal") located on Edinger Avenue at Mohawk Drive. SAUSD and SANTA ANA desire to enter into a cooperative agreement for the modification of Signal due to the construction of a new school at Centennial Park, within the City of Santa Ana. B. The scope of work involves modification to the Signal on Edinger Avenue at Mohawk Drive ("the PROJECT") as describe in greater detail in Paragraph this Agreement. C. SAUSD desires to provide a portion of the monetary financing fir the PROJECT in the amount not to exceed $70,000.00. NOW, THEREFORE, for and In consideration of the mutual covenants herin contained, the parties agree as follows: AGREEMENT 1. SANTA ANA shall serve as the lead agency for the PROJECT. 2. In accordance all applicable laws and regulations, SANTA ANA shall competitively bid the PROJECT and shall have sole responsibility for obtaining all plans and specifications for the entire PROJECT. 3. SAUSD shall contribute $70,000.00 for the expenses related to the Signal modification, which is estimated to cost $140,000.00 in total. SANTA ANA shall provide the remainder of the financing. In the event that the project costs exceed the estimated $140,000, SANT ANA shall be responsible for such excess costs. 4. The Scope of Work for the PROJECT which SANT ANA shall perform will consist of the Signal modification on Edinger Avenue at Mohawk Drive to include a westbound/eastbound protected left turn phase and a northbound right turn protected right turn phase. The work shall include all related design, material and labor. -1- 5. Indemnification Provision: (I) Indemnification by SANTA ANA: SANTA ANA hereby agrees to defend, indemnify and hold free and harmless SAUSD and SAUSD's elected and appointed officials, officers, and employees form and against any and all liability, expenses, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, personal injury, death or property damage, arising from or connected with SANTA ANA's obligations under this Agreement, including any Worker's Compensation suits, liability, or expense, arising from or connected with services performed on behalf of SANTA ANA by any person pursuant to this Agreement, whether such claims, damages, liabilities, costs and/or judgments are based upon alleged negligence, a dangerous condition of public property, or any other theory of liability. SANTA ANA'S duty to indemnify SAUSD shall survive the expiration or other termination of this Agreement as to any injuries, occurrences or claims occurring or alleged to have occurred prior to its expiration or termination. (2) Indemnification by SAUSD: SAUSD hereby agrees to defend, indemnify, and hold free and harmless SANTA ANA and SANTA ANA's elected and appointed officials, officers, and employees from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but nor limited to, bodily injury, personal injury, death or property damage, arising from or connected with SAUSD'S obligations under this Agreement, including any Worker's Compensation suits, liability, or expense, arising form or connected with services performed on behalf of SAUSD by any person pursuant to this Agreement, whether such claims, damages, liabilities, costs and/or judgments are based upon alleged negligence, a dangerous condition of public property, or any other theory of liability. SAUSD's duty to indemnify SANTA ANA shall survive the expiration or other termination of this Agreement as to any injuries, occurrences or claims occurring or alleged to have occurred prior to its expiration or termination. 6. SANTA ANA shall have sole ownership of the Signal and sole responsibility for operation, maintenance and repair of the Signal. 7. Pursuant to Section 8546.7 of the California Government Code, in the event that this Agreement involves expenditures of State funds aggregating in excess or Ten Thousand Dollard ($10,000), both parties shall be subject to the examination and audit of the Auditor General of the State of California for a period of three (3) years after finalpayment under this Agreement. - 2 - IN WHITNESS WHEREOF, SAUSD has caused this Agreement to be executed by its Associate Superintendent and SANTA ANA caused this Agreement to be executed by its City Manager and attested by its Clerk, as duly authorized by the SAUSD Board of Supervisors and the SANTA ANA City Council, respectively. CITY OF SANTA ANA, a Municipal corporation of the State of California ~~ David N. Re I City Manager SANTA ANA UNIFIED SCHOOL DISTRICT By: ~-(!~ (/~ Don Trigg Associate Superintendent, Business Services // A TTES'r: _ / / ;~ . /,/ - . \::) 4:..L.{~'\;~tJ Patricia E. Healy Clerk of the Council APPROVED {/ TO FORM: fJ,wc;lJ Constan 'chwindt Counsel for SAUSD APPROVED AS TO FORM: ,"7f;~ L~ ,j.r Joseph W. Fletcher City Attorney ME 1,,/ 't?'ROV AL J es G. Ross xecutive Director Public Works Agency - 3 -