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2400 - Los Angeles County - Agreement for Traffic Management System (KITS) AMENDMENT CRY OF ROSEMEAD KIMLEY HORN INTEGRATED TRANSPORTATION SYSTEM COOPERATIVE AGREEMENT FOR THE TRAFFIC MANAGEMENT SYSTEM This AMENDMENT is made and entered into by and between the CITY OF ROSEMEAD, a municipal corporation In the County of Los Angeles(hereinafter referred to as CITY)and the COUNTY OF LOS ANGELES, a political-subdivision of the State of California (hereinafter referred to as COUNTY): WITNESSETH WHEREAS, on May 24, 2012, COUNTY entered into an agreement with the CITY for the installation of the Kimley-Hom Integrated Transportation System hereinafter referred to as AGREEMENT; and WHEREAS, the purpose of this Amendment 1 is to update Attachment A (CITY TRAFFIC SIGNALS)of AGREEMENT; and NOW, THEREFORE, in consideration of the mutual benefits to be derived by COUNTY and CITY and of the promises herein contained, it is hereby agreed as follows: IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: a. Attachment A to AGREEMENT is deleted in its entirety and replaced with Attachment A.1,attached hereto. b. The terms and provisions of AGREEMENT shall otherwise remain in full force and effect. fr u It n i u n f if u f fi a f /I n Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have caused this AMENDMENT to be executed by their respective officers, duly authorized, by he CITY OF ROSEMEAD on Marct, 2/1-11. 2014, and by the COUNTY OF LOS ANGELES on Mow**ry I4' , 2014.`J. GAIL FARBER DIRECTOR OF PUBLIC WORKS COUNTY OF LOS ANGELES By >�i�(L[! a Deputy Director APPROVED AS TO FORM: JOHN F. KRATTLI County Counsel �y/�y7 By !/ Y /�' Deputy CITY OF ROSEMEAD ByLa Manager ATTEST: B C' lark " By 'ia(Al... L!7 CityA '•rney P11pugTsTc12014Thr. d-KITS Am ArnendrientArnentrnen1 gopn•tl.dpu Page 2 of 2 ATTACHMENT A CITY OF ROSEMEAD CITY HALL:8838 VALLEY BL,91770 CENTRAL SYSTEM LOCATION: 900 SOUTH FREMONT AV,ALHAMBRA,911303 NUMBER% ZARTEmrsliatittiMitt'i VitiSitROB5BTREETNM*E Pa 1 GARVEY AV JACKSON AV 2 GARVEYAV DELMAR AV 3 GARVEYAV KELBURN AV 4 GARVEY AV SAN GABRIEL BL 5 GARVEY AV DELTA AWANGFORDPL 6 GARVEY AV WALNUT GROVE AV 7 GARVEY AV MUSCATEL AV 8 GARVEY AV ROSEMEAD PL/RIVER AV 9 GARVEY AV. DRIGGSAV 10 EMERSON AV SAN GABRIEL BL 11 VALLEYBL DELTA AV • 12 VALLEY BL WALNUT GROVE AV 13 VALLEY BL .MUSCATEL AV 14 VALLEYBL NM AV 15 VALLEY BL ROSEMEAD PL 16 VALLEYBL HART AV 1T VALLEY BL RIO HONCHO AV 18 VALLEY BL TEMPLE CITY BL 19 - SAN GABRIEL 131. GRAVS AV • 20 SAN GABRIEL BL ANGELES AV - 21 SAN GABRIEL BL - RUSH ST • PWptUtFLES\TIBCGmbC %ITSAc fu1U coca nalIN ATTACHMENT A:1 CITY OF ROSEMEAD CITY HALL:8838 VALLEY BL,91770 CENTRAL SYSTEM LOCATION: 900 SOUTH FREMONT AV,ALHAMBRA,91803 NUMBER ARTERIAL STREET NAME CROSS STREET NAME "+; 1 GARVEY AV JACKSON AV 2 GARVEY AV DELMAR AV 3 GARVEY AV KELBURN AV 4 GARVEY AV SAN GABRIEL BL 5 GARVEY AV DELTA AVAANGFORD PL 8 GARVEY AV WALNUT GROVE AV 7 GARVEY AV MUSCATEL AV 8 GARVEY AV ROSEMEAD PL/RIVER AV 9 GARVEY AV ORWOSAV GARVEY COMMUNITY CENTER 10 EMERSON AV SAN GABRIEL BL 11 VALLEY BL DELTA AV 12 VALLEY BL WALNUT GROVE AV 13 VALLEY BL MUSCATEL AV 14 VALLEY BL _ NAR AV 15 VALLEY BL RO4EMEM2-PL MELWYN C.GILL WY 18 VALLEY BL HART AV 17 VALLEY BL RIO HONCNO HONDO AV 18 VALLEY BL TEMPLE CITY BL 19 SAN GABRIEL BL GRAYS GRAVES AV 20 SAN GABRIEL BL A1Cr,`lt 4Y KUNGELMAN ST 21 SAN GABRIEL BL RUSH ST 22 SAN GABRIEL DI. HELLMAN AV 11/20/2013 P:Npub1BmM Lfl 1 TRAFF102014V(RSRow*S coop AIIWvnWM A 1 AGREEMENT This AGREEMENT, made and entered into by and between the CITY OF ROSEMEAD, a municipal corporation in the County of Los Angeles (hereinafter referred to as CITY), and the COUNTY OF LOS ANGELES, a political subdivision of the State of California (hereinafter referred to as COUNTY). WITNESSETH WHEREAS, on October 19, 2004, COUNTY entered into an agreement with Kimley-Horn and Associates, Inc., for the procurement of a traffic control system; and WHEREAS, the traffic control system is known as the Kimley-Horn Integrated Transportation System (hereinafter referred to as KITS); and WHEREAS, CITY has indicated its desire to connect their traffic signals to the COUNTY'S KITS; and WHEREAS, on September 18, 2007, COUNTY executed an amendment with Systems Analysis & Integration, Inc., for the expansion of a wireless communication system (hereinafter referred to as WIRELESS COMMUNICATION); and WHEREAS, COUNTY'S agreement for WIRELESS COMMUNICATION includes a provision for placement at specified CITY traffic signals as denoted in Attachment A; and WHEREAS, use of KITS requires a communication link be established between a remote location and the CITY'S traffic signals listed in Attachment A (hereinafter referred to as CITY TRAFFIC SIGNALS); and WHEREAS, a KITS workstation is required in order for CITY to monitor and control CITY TRAFFIC SIGNALS from a remote location (hereinafter referred to as WORKSTATION); and WHEREAS, BASIC TRAFFIC SIGNAL TIMING involves the timing parameters for the general operation of a traffic signal, which typically include, but is not limited to, defining the phases, attributes and timing values for each permitted phase, pedestrian movement and assigning detection; and WHEREAS, COORDINATION TRAFFIC SIGNAL TIMING involves the timing parameters that allow multiple traffic signals to be synchronized with each other, which typically include defining coordination cycle lengths, offsets and time of day operations for each traffic signal coordination plan; and 1 of 7 WHEREAS, COUNTY has developed LACO-4E traffic signal controller firmware to enable BASIC TRAFFIC SIGNAL TIMING and COORDINATION TIMING for traffic signals connected to KITS; and WHEREAS, COUNTY will install LACO-4E at CITY TRAFFIC SIGNALS listed in Attachment A; and WHEREAS, COUNTY and CITY desire to memorialize their understanding regarding their relative rights, obligations, and duties with respect to connecting CITY TRAFFIC SIGNALS to KITS. NOW, THEREFORE, in consideration of the mutual benefits to be derived by COUNTY and CITY and of the promises herein contained, it is hereby agreed as follows: (1) COUNTY AGREES: a. To convert and install LACO4-E BASIC TRAFFIC SIGNAL TIMING and COORDINATION TRAFFIC SIGNAL TIMING at CITY TRAFFIC SIGNALS to enable operations with KITS, at no cost to CITY. b. To install WIRELESS COMMUNICATION at CITY TRAFFIC SIGNALS at no cost to CITY, unless another form of communication is denoted on Attachment A. c. To install WORKSTATION in CITY for their use to monitor and control CITY TRAFFIC SIGNALS, with the installation to be completed at no cost to CITY. d. To not alter BASIC TRAFFIC SIGNAL TIMING or COORDINATION TRAFFIC SIGNAL TIMING at CITY TRAFFIC SIGNALS without prior approval from CITY. In the event that COUNTY alters BASIC TRAFFIC SIGNAL TIMING or COORDINATION TRAFFIC SIGNAL TIMING at CITY TRAFFIC SIGNALS following prior approval by the CITY, COUNTY shall provide CITY with updated traffic signal timing sheets reflecting the changes made. If CITY believes COUNTY improperly or negligently altered BASIC TRAFFIC SIGNAL TIMING or COORDINATION TRAFFIC SIGNAL TIMING at CITY TRAFFIC SIGNALS, CITY shall notify COUNTY in writing within thirty (30) days after the completion of COUNTY'S work on the CITY TRAFFIC SIGNALS. Should CITY fail to so notify COUNTY, CITY shall be deemed to have accepted and approved the timing alterations performed by COUNTY. 2 of 7 e. Subsequent to CITY'S approval in 1 (d)., above, and upon receipt of a Service Request from CITY pursuant to the terms and conditions of the County/City General Service Agreement No. 74945, to review, observe, and if necessary, recommend revisions to and/or modify BASIC TRAFFIC SIGNAL TIMING and/or COORDINATION TRAFFIC SIGNAL TIMING at CITY TRAFFIC SIGNALS. Upon approval from CITY, to download BASIC TRAFFIC SIGNAL TIMING and and/or COORDINATION TRAFFIC SIGNAL TIMING at CITY TRAFFIC SIGNALS from COUNTY'S KITS workstation to improve traffic signal operations. If revisions are required, COUNTY will provide CITY with updated traffic signal timing sheets to enable CITY to maintain a current copy. (1) CITY AGREES: a. To be solely responsible for maintaining the BASIC TRAFFIC SIGNAL TIMING AND COORDINATION TRAFFIC SIGNAL TIMING for CITY TRAFFIC SIGNALS to promote coordinated traffic operations, multi-jurisdictional cooperation, and improve arterial traffic conditions. b. To inform the COUNTY of any changes implemented to the BASIC TRAFFIC SIGNAL TIMING and COORDINATION TRAFFIC SIGNAL TIMING that may impact the coordination of CITY TRAFFIC SIGNALS. c. If CITY believes COUNTY improperly or negligently revised CITY TRAFFIC SIGNALS pursuant to section 1 (d)., hereinabove, CITY shall notify COUNTY in writing within thirty 30 days of the completion of COUNTY'S work on the CITY TRAFFIC SIGNALS. Should CITY fail to so notify COUNTY, CITY shall be deemed to have accepted and approved the timing revisions performed by COUNTY. d. To inform the COUNTY of new traffic signal installations and any traffic signal modifications which would affect COORDINATION TRAFFIC SIGNAL TIMING. e. To accept full and complete ownership of, responsibility for, and to maintain in good condition and at CITY expense WORKSTATION and WIRELESS COMMUNICATION (or other communication if denoted on Attachment A) that is installed at CITY TRAFFIC SIGNALS. f. If requested by the COUNTY, to issue a Service Request pursuant to the terms and conditions of the County/City General Service Agreement No. 74945 (or whichever General Service Agreement between the COUNTY and CITY, or equivalent agreement between the COUNTY and 3 of 7 CITY, is in effect), pursuant to which the CITY will reimburse the COUNTY for the annual costs incurred by COUNTY to operate and maintain CITY TRAFFIC SIGNALS on the COUNTY'S KITS system. Said cost is currently estimated to be Two Thousand and 00/100 Dollars ($2,000) per year. g. If CITY desires COUNTY to observe, recommend revisions to, and/or modify the traffic signal timing at CITY TRAFFIC SIGNALS, to submit to COUNTY a Service Request pursuant to the terms and conditions of the County/City General Service Agreement No. 74945. h. To ensure the traffic signal timing sheets located in the cabinet for CITY TRAFFIC SIGNALS at each intersection contain the most recently installed version of the traffic signal timing and accurately reflect all changes made to CITY TRAFFIC SIGNALS. i. To allow COUNTY to monitor the operation of CITY TRAFFIC SIGNALS. (3) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: a. The terms and provisions of Agreement regarding the COUNTY and CITY'S roles and responsibilities in carrying out traffic signal synchronization projects shall remain in full force and effect. b. Nothing in this AGREEMENT shall be construed as changing the role of CITY in operating and maintaining CITY TRAFFIC SIGNALS. c. CITY shall be solely responsible for detecting and correcting malfunctions of CITY TRAFFIC SIGNALS and COUNTY shall not be required to notify CITY of or correct any traffic signal malfunctions detected by KITS. d. The term of this AGREEMENT shall commence on the date it is approved by the Board of Supervisors and shall continue until any party terminates it upon thirty (30) days prior written notice. e. Any additions, deletions or modifications to this AGREEMENT shall be approved by the governing bodies of CITY and COUNTY, or their designees. e. Any correspondence, communication, or contact concerning this AGREEMENT shall be directed to the following: 4 of 7 CITY: Mr. Chris Marcarello Deputy Public Works Director City of Rosemead 8838 East Valley Boulevard Rosemead, CA 91770 COUNTY: Mr. William J. Winter Assistant Deputy Director Traffic and Lighting Division County of Los Angeles Department of Public Works P.O. Box 1460 Alhambra, CA 91802-1460 f. COUNTY and CITY acknowledge and recognize that the improvements contemplated by this AGREEMENT provide significant regional and local benefits with respect to reducing traffic congestion. COUNTY and CITY further acknowledge and recognize the cost of defending claims and lawsuit arising from the improvements contemplated by this AGREEMENT is paid for by public monies and both parties share an interest in reducing the amount of public monies spent on defending claims and lawsuits where possible without prejudicing their respective defenses. g. In the event that a claim or lawsuit is brought against COUNTY and CITY based on the allegation that the design, construction, maintenance, or operation of the improvements constructed under this AGREEMENT proximately caused injuries or damage, COUNTY and CITY agree to cooperate as much as possible with respect to defending the claim or lawsuit without causing prejudice to their respective defenses to the claim or lawsuit. Upon receipt of the claim or lawsuit, the COUNTY and CITY, through their respective agents if appropriate, shall promptly investigate the matter. COUNTY and CITY shall then meet and confer promptly regarding whether a joint defense is appropriate or if one party should tender its defense and indemnification to the other party. h. In the event that COUNTY and CITY cannot agree regarding a joint defense or a tender of defense and indemnification, COUNTY and CITY agree to meet and confer promptly with respect to (1) entering into a tolling agreement with respect to any claims they may have against each other, and (2) submitting to mediation regarding any claims they may have against each other, which mediation will take place before a third party 5 of 7 neutral selected by a fair process. COUNTY and CITY agree to meet and confer as set forth in the preceding sentence prior to presenting claims or filing cross-complaints for indemnity against each other. COUNTY and CITY agree to toll all applicable statutes of limitations for a reasonable period of time if necessary for COUNTY and CITY to meet and confer prior to the time to present a claim or file a cross-complaint for indemnity. i. Neither COUNTY nor any officer or employee of COUNTY shall be responsible for any damage or liability occurring by reason of any act or omission on the part of CITY under or in connection with any work, authority, or jurisdiction delegated to, assumed by, or determined to be the responsibility of CITY under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code, Section 8954, CITY shall fully indemnify, defend, and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code, Section 810.8) occurring by reason of any act or omission on the part of CITY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of CITY under this AGREEMENT. Where liability for injury (as defined by Government Code, Section 810.8) is sought to be imposed under Section 830, et seq., of the Government Code for a dangerous condition of property owned by or under the control of CITY, CITY shall fully defend, indemnify, and hold COUNTY harmless from any and all liability arising from such dangerous condition. j. Neither CITY nor any officer or employee of CITY shall be responsible for any damage or liability occurring by reason of any act or omission on the part of COUNTY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of COUNTY under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code, Section 895.4, COUNTY shall fully indemnify, defend, and hold CITY harmless from any liability imposed for injury (as defined by Government Code, Section 810.8) occurring by reason of any act or omission on the part of COUNTY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of COUNTY under this AGREEMENT. // // // // // // // // 6 of 7 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to ben executed by their 12,respective officers, the COUNTY OF LOS ANGELES on Rp EH- 20� 2012, and by 2012. GAIL FARBER DIRECTOR OF PUBLIC WORKS COUNTY OF LOS ANGELES �/� By 1X glW� , Deputy Director APPROVED AS TO FORM: JOHN F. KRATTLI ActingCounty Counsel By U /� Deputy CITY OF ROSEMEAD By nef,. C anager ATTEST: B GUr\\1a'3 City Clear /14. By LA'I . L, City Attome P:uM NPFILE,EuesrnAroornareearmavrsvms-CM/Cow AgeeemonlalGTS-liO""'sa0-axeea Page 7 of 7 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers, duly authorized, by the CITY OF ROSEMEAD on , 2010, and by the COUNTY OF LOS ANGELES on 2010. GAIL FARBER DIRECTOR OF PUBLIC WORKS COUNTY OF LOS ANGELES By Deputy Director APPROVED AS TO FORM: ANDREA SHERIDAN ORDIN County Counsel By Deputy CITY OF ROSEMEAD B IA // By ity Man ger ATTEST: ity Clerk APPROVED AS TO FORM: B / , /{ City orey 7 of 7 Macintosh HD'.Users.hsuetsugu Library Mail Downloads KITS-Rosemead dem( • ATTACHMENT A CITY OF ROSEMEAD Central System Location: 900 South Fremont Avenue,Alhambra, 91803 Number Arterlat Street Name _ Cross Stmt Name. t Garvey Ave. Jackson Ave. 2 Garvey Ave. Del Mar Ave. 3 Garvey Ave. Kelburn Ave. p Garvey Ave. San Gabriel Blvd. 5 Garvey Ave. Delta Ave/Langford Place 5 Garvey Ave. Walnut Grove Ave. 7 Garvey Ave. Muscatel Ave. 8 Garvey Ave. Rosemead Place/River Ave. 9 Garvey Ave. Garvey Community Center 10 Valley Blvd. Delta Ave. 11 Valley Blvd. Walnut Grove Ave. 12 Valley Blvd. Muscatel Ave. 13 Valley Blvd. Ivar Ave. 14 Valley Blvd Rosemead Boulevard 15 Valley Blvd. Hart Ave. 15 Valley Blvd. Rio Hondo Ave. 17 Valley Blvd Temple City Blvd. 18 San Gabriel Blvd. Hellman Ave. 19 San Gabriel Blvd. Emerson PI. 20 San Gabnel Blvd Klingerman St. 21 San Gabriel Blvd. GravesAve. 22 San Gabriel Blvd. Rush St. 9GREEMENT THIS AGREEMENT,made and entered Into this 2•4day ofrS__, 2012• by and between the CITY OF ROSEMEAD, a iOOUNTorOF n In tANGohe unty,nty of Los Angeles, hereinafter referred to as CITY, and the political subdivision of the State of California, hereinafter referred to as COUNTY: WITNESSETH WHEREAS,on October 19,2004,COUNTY entered into an agreement with Kimley- Horn and Associates, Inc.,for the procurement of a traffic control system; and WHEREAS, the traffic control system is known as the Kimley-Hom Integrated Transportation System(hereinafter referred to as KITS); and WHEREAS, CITY has indicated their desire to connect their traffic signals to the COUNTY'S KITS; and WHEREAS, on September 18, 2007, COUNTY executed an Amendment with Systems Analysis & Integration, Inc., for the expansion of a wireless communication system(hereinafter referred to as WIRELESS COMMUNICATION); and WHEREAS,COUNTY'S agreement for WIRELESS COMMUNICATION includes a • provision for placement at specified CITY traffic signals as denoted in Attachment A; and WHEREAS,use of KITS requires that a communication link be established between a remote location and the encsgnalslisted inAttachment A(hereinafter referred to esCITY TRonaSIGNALS); WHEREAS, a KITS workstation Is required In order for CITY to monitor and control their TRAFFIC SIGNALS from a remote location (hereinafter referred to as WORKSTATION); and WHEREAS,basic traffic signal timing involves the timing parameters far the gn eneral the operation of a traffic signal, which typically include, but is not limited to, 9 phases,attributes and timing values for each permitted phase, pedestrian movement and assigning detection; and WHEREAS, coordination traffic signal timing involves the timing parameters that allow multiple traffic signals to be synchronized with each other, hi �r each cally include defining coordination cycle lengths, offsets and time of day operations traffic signal coordination plan; and WHEREAS,COUNTY has developed IACO-4E traffic signal controller firmware to enable basic traffic signal timing and coordination timing for traffic signals connected to KITS; and Page 1of7 WHEREAS, COUNTY will install LACO-4E at CITY TRAFFIC SIGNALS listed in Attachment A; and WHEREAS, COUNTY and CITY desire to memorialize their understanding regarding their relative rights, obligations, and duties with respect to connecting CITY TRAFFIC SIGNALS to KITS. NOW, THEREFORE, in consideration of the mutual benefits to be derived by COUNTY and CITY and of the promises herein contained, it is hereby agreed as follows: (1) COUNTY AGREES: nal a. d coordination tTo convert and install LAC04-E basic traffic raffic signal timingg at CITY TRAFFIC SIGNALS totiming enable anoperations with KITS, at no cost to CITY. N CITY TRAFFIC S at no b. cost�toIICITY, LunlessWIREESS Oanotherlform1Oof�communication is denoted on Attachment A. use to monitor and c. To install SIGNALS, in CITY for installation torbe completed at no costo)CITY.TRAFFIC SIGNALS, ination signal at CITY d. To not alter basic traffic signal TRAFFIC SIGNALS without priori approval ng or from CITY. Intiming the event that COUNTY alters basic traffic signal timing ocoordination traffic COUNTY nal timing at CITY TRAFFIC SIGNALS following prior shall provide CITY with updated traffic signal timing sheets reflecting the changes made. If CITY believes COUNTY improperly or negligently altered basic traffic signal timing or coordination traffic signal timing at CITY TRAFFIC SIGNALS, CITY shall notify COUNTY in writing within thirty(30) days after the completion of COUNTY'S work oe n ITYbe TRAFFIC SIGNALS. Should CITY fail to so notify COUNTY, to have accepted and approved the timing alterations performed by COUNTY. Page 2of7 • e. Subsequent to CITY'S approval in 1 (d) above, and upon receipt of a Service Request from CITY pursuant to the terms and conditions of No. 76999 (or whichever the County/City General bebettweeeenth COUNTYe and CITY,or equivalent General Service Ag agreement between toe COUNTY and CITY,is in effect), and if necessary, rdicmmend revisions to and/or modify basic traffic signal timing and/or traffic tat CITY imiIC ng GNALS. Upon approalmCITY, to download basic trafficfic signal g ndlor traffic signal timing at CITY TRAFFIC SIGNALS from COUNTY'S OUNY'coordination KITS workstation operations If revisions aOUNTY'SKICOUNTYwionroerCI with hsigma fgcsignal timing are required, COUNTY will provide CITY with updated sheets to enable CITY to maintain a current copy. (2) CITY AGREES: a. To be solely responsible for maintaining the basic traffic signal timing and coordination traffic signal timing for CITY IC SIGNALS to promote coordinated traffic operations, multi-jurisdictional Fcooperaton, and improve arterial traffic conditions. b. To inform the COUNTY of any changes implemented to the basic trafficc sinal timing and coordination traffic signal liming that may • P act coordination of CITY TRAFFIC SIGNALS. c. If CITY believes COUNTY improperly or negligently revised CITY T AFN FIC SIGNALS pursuant to section 1(d)hereinabove, CITY shall notify in writing within thirty(30)days of the completion of COUNC UPor on the TY be deemed SIGNALS.aacceptedCITYShould (approvenotify timing revisions shall be deemed to have accepted performed by COUNTY. d. To inform the COUNTY of new traffic signal installations and any traffic signal modifications which would affect coordination traffic signal timing. e. To accept full and complete ownership of,responsibility for, and to maintain in good condition and at CITY expense WORKSTATION and WIRELESS COMMUNICATION (or other communication if denoted on Attachment A) that is installed at CITY TRAFFIC SIGNALS. f If requested by the COUNTY, to issue a Service Request pursuant to the terms and conditions of the County/City General Service Agreement No. CITY (orequivalent Generalreembeen the COUreement NTY and CITY, is ween the COUNTY eCITY, aq will reimburse effect), r the napursuant to `�'b1OCOUN CITY operate and maintain CITY SIGNALS costson heincurredCOby system. Said cost is currently estimated tobe on the Thousand and to Two 001100 Dollars ($2,000) per year. Page 3of7 g. If CITY desires COUNTY to observe,recommend revisions to,and/or modify the traffic signal timing at CITY TRAFFIC SIGNALS,to submit to COUNTY a ServicenecReuest pursuant to theAgreement No.terms 999 (or whichever GeneraluServi e General Servicet Agreement Agreement between the COUNTY and CITY, or equivalent agreement between the COUNTY and CITY, is in effect). ocated in the net or CITY h. To ensure the tiing sheets TRAFFIC SIGNA Scatignal each ntersection Inthe most recer tl installed version ofSlimingand accurately reflect all changes made to CITY TRAFFIC SIGNA I. To allow COUNTY to monitor the operation of CITY TRAFFIC SIGNALS. To obtain and grant to COUNTY any necessary temporary right of way within j. CITY for installation of WIRELESS COMMUNICATION at no cost to COUNTY. k. To Issue COUNTY a no-fee permit(s) authorizing COUNTY to install WIRELESS COMMUNICATION within CITY highway right of way. (3) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: a. The terms and provisions of Agreement No. 76999 (or whichever Geannt Service Agreement between the COUNTY and CITY, or equiv the agreement between the COUNTY and. CITY, is in effect) r gardici signal COUNTY and CITY'S roles and responsibilities In carrying synchronization projects shall remain in full force and effect. b. Nothing in in operating and maintaining CITY TRAFFIC SIGNALe construed as Sing the role of c. CITY shall be solely responsible for detecting and correcting malfunctions of CITY TRAFFIC SIGNALS and COUNTY shall not be required to notify CITY of or correct any traffic signal malfunctions detected by KITS. approved by d. The aEnNdshallshall continueuntilanyP rtytermmatsitupon the Board of Supervisors thirty(30) days prior written notice. e. Any additions, deletions, or modifications to this AGREEMENT shall be approved by the goveming bodies of CITY and COUNTY,ortheir designees. f. Any correspondence, communication, or contact concerning this AGREEMENT shall be directed to the following: Page 4of7 CITY: Mr. Chris Marcareilo Director of Public Works City of Rosemead 8838 East Valley Boulevard Rosemead, CA 91770-1786 COUNTY: Mr. Dean R. Lehman Assistant Deputy Director Traffic and Lighting Division County of Los Angeles Department of Public Works P.O. Box 1460 Alhambra, CA 91802-1460 vements g. COUNTY and CITY acknowledge AGREEMENT provide gnize that the signii significant regionalandlocal benefitsntempwith ey to reducing traffic congestion. COUNTY and CITY furthewith respect of defending caimsand lawsuits aisingfromth imprdge andrecognizethecost arising from to improvements contemplated by this AGREEMENT is paid for by public monies and both parties share an interest in reducing the amount of public monies spent on defending claims and lawsuits where possible without prejudicing their respective defenses. TY h. In the event that a claim or lawsuit is broughtagtiainst COUNTY andeCI or based on the allegation that the design, operation of the improvements constructedCOUNTthis nd AG aEME T proximately caused injuries or damage, the claim lawsuit cooperate as much as udpRt thele ir respectith vedefeto nnsestotheclaimorrlawsuit. withouton causing Pref the COUNTY and CITY, through their Upon receipt of the claim oonate lawsuit, the respective agents if appropriate, shall promptly investigategwhethnera r. COUNTY and CITY shall then meet and conferpromptly tenoulddreegritseregarding and joint defense is appropriate or If one party indemnification to the other party. i. In the event that COUNTY and CITY cannot agree regarding a joint defense or a tender of defense and indemnification, COUNTY and CITY agree to meet and confer promptly with respect to;1)entering into a tolling agreement with respect to any claims they may have against each other, and 2) submitting to mediation regarding any claims they may have against each other, which mediation will take place before a third party neutral selected by a fair process. COUNTY and CITY agree to meet and confer as coforth p aI ints for the indemnityding seMence prior to against each other.esenting claims or filing cross- COUNTY and CITY agreeof of time if toll all COUNTY and CITY to meet and confer priori to the time to present a claim or file a cross-complaint for indemnity. Page 5 of 7 j. Neither COUNTY nor any officer or employee of COUNTY shall be responsible for any damage or liability occurring by reason of any ad or omission on the part of CITY under or in connection with any work,authority, or jurisdiction delegated to, assumed by, or determined to be the afire responsibility of lto Governmeunder this AGREEMENT. Sectiit is also on 895.4, CITY shallland l fully agreed that, pursuant indemnify,defend,and hold COUNTY harmless from any liability imposed for injury(as defined by Government Code,Section 810.8)occurring by reason of any act or omission on the part of CITY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of CITY under this AGREEMENT. Where liability for injury (as defined by Government Code, Section 810.8) is sought to be imposed under Section 830, et seq., or heunGovernment ove nmcone tI Code oCRfor a dangerous condition of property owned by defend, indemnify, and hold COUNTY harmless from any and all liability arising from such dangerous condition. k. Neither CITY nor any officer or employee of CITY shall be responsible for any damage or liability occurring by reason of any act or omission on the part of COUNTY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of COUNTY under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code, Section 895.4, COUNTY shall fully indemnify, and hold CITY harmless from any liability imposed for injury (as defined by Government Code, Section 810.8) occurring by reason of any act or omissionuhoonr the part of COUN�touordetertnn dtobbeethe�pany sibilityof authority,orjurisdiction delegated COUNTY under this AGREEMENT. I. It is understood and agreed that the provisions of this AGREEMENT shall supersede and control over any inconsistent provisions in the Assumption Liability Agreement No.32076 between CITY and COUNTY,adopted he Board of Supervisors on December 27, 1977, and currently in effect. II II 11 I/ Il Il 11 I 11 Il II 11 11 Page 6 of 7