Reso 2020-036 - Laserfiche WebLink

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Cooperative Agreement — Estudillo Canal Agreement, may be made by and between City and District in writing between the City Manager or his designee, and the Director of Public Works . Such interpretations shall be deemed incorporated herein and where applicable, be deemed of equal force and effect with any of the terms and conditions contained herein, unless the amendment requires an additional expenditure of funds by either party or changes a substantive term of the Agreement. F. Conformity with Law and Safety District and City shall each observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal and local governing bodies having jurisdiction over the scope of services or any part hereof, including all provisions of the California Occupational Safety and Health Act, and all federal, state, municipal and local safety regulations. Performance by each party to this Agreement must be in accordance with all laws, ordinances, codes, and regulations. G. Term of Agreement The parties to this Agreement agree to work together in the spirit of cooperation and good faith and shall use reasonable efforts to accomplish the particular obligations set forth herein. Whenever mutual agreement is provided for in this Agreement, no party shall unreasonably withhold its approval. In the event of any disagreement concerning the interpretation or implementation of this Agreement, the parties shall make good faith efforts to resolve their differences amongst the parties' principals first. If such efforts fail, then the parties agree to utilize a mutually agreed- upon form of alternative dispute resolution, with costs to be borne equally by the parties. Each party shall bear its own attorneys' fees and costs. This Agreement shall terminate when the City and District have accepted the Project as complete and the City has granted an easement to the District, described in Exhibit B, and that easement has been recorded, provided, however, that the obligations of this Agreement, which by their nature would continue beyond the termination or expiration of the Agreement, including without limitation, the obligations regarding Indemnification (Section C) and Conformity With Law and Safety (Section E), shall survive termination or expiration. H. Insurance/Self Insurance District and City shall procure and maintain liability insurance limits of at least $2,000,000 against claims for injuries to persons or damage to property that may arise from or in connection with any activities by its agents, representatives, employees, or contractors associated with this agreement. District and City may satisfy the coverage required in whole or in part through participation in a self-insurance program or insurance pooling arrangement, or any combination of these. No policies or bonds are required of either party as to any provisions of this Agreement. Page 4 of 6