Indio, City/Jefferson Traffic Signals 07COOPERATIVE AGREEMENT
FOR OPERATION AND MAINTENANCE
OF TRAFFIC SIGNALS ON JEFFERSON STREET
FROM FRED WARING DRIVE TO HIGHWAY 111
T is agreement (hereinafter "Agreement') entered into this �1sfday of
Cep, 2006, is between the City of Indio, a municipal corporation,
referred to herein as "INDIO," and the City of La Quinta, a municipal corporation,
referred to herein as "LA QUINTA." INDIO and LA QUINTA are collectively
referred to in this Agreement as "PARTIES."
RECITALS
1) INDIO and LA QUINTA desire to specify the terms and conditions under
which traffic signals on Jefferson Street from Fred Waring Drive to Highway
111 will be operated and maintained as well as the obligations and
responsibilities of the PARTIES.
2) Five traffic signals are jointly owned by INDIO and by LA QUINTA as follows:
a) Jefferson Street and Fred Waring Drive — Fifty percent (50%) by INDIO,
fifty percent (50%) by LA QUINTA.
b) Jefferson Street and Miles Avenue — Seventy five percent (75%) by
INDIO, twenty five percent (25%) by LA QUINTA.
c) Jefferson Street and Westward Ho Drive — Fifty percent (50%) by INDIO,
fifty percent (50%) by LA QUINTA.
d) Jefferson Street and Home Depot/Vista Grande — Six percent (6%) by
INDIO, ninety four percent (94%) by LA QUINTA.
e) Jefferson Street and Highway 111 — Seventy five percent (75%) by INDIO,
twenty five percent (25%) by LA QUINTA.
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is acknowledged, the PARTIES agree as follows:
Section I
LA QUINTA AGREES:
1) To pay fifty percent (50%) of all operations, maintenance, repair, and
replacement costs, including electrical energy costs, for Jefferson Street and
Fred Waring Drive. LA QUINTA shall pay INDIO such 50% operation and
maintenance obligation within thirty (30) days of receipt of billing therefore.
2) To pay twenty-five percent (25%) of all operations, maintenance, repair, and
replacement costs, including electrical energy costs, for Jefferson Street and
Miles Avenue. LA QUINTA shall pay INDIO such 25% obligation within thirty
(30) days of receipt of billing therefore.
3) To pay fifty percent (50%) of all operations, maintenance, repair, and
replacement costs, including electrical energy costs, for Jefferson Street and
Westward Ho Drive. LA QUINTA shall pay to INDIO such 50% obligation
within thirty (30) days of receipt of billing therefore.
4) To operate and maintain the facilities and LA QUINTA will pay ninety-four
percent (94%) of all operations, maintenance, repair, and replacement costs,
including electrical energy costs, for Jefferson Street and Home DepoWista
Grande.
5) To operate and maintain the facilities and LA QUINTA will pay twenty-five
percent (25%) of all operations, maintenance, repair, and replacement costs,
including electrical energy costs, for Jefferson Street and Highway 111.
Section II
INDIO AGREES:
1) To operate and maintain the facilities and INDIO will pay fifty percent (50%) of
all operations, maintenance, repair, and replacement costs, including
electrical energy costs, for Jefferson Street and Fred Waring Drive.
2) To operate and maintain the facilities and INDIO will pay seventy-five percent
(75%) of all operations, maintenance, repair, and replacement costs,
including electrical energy costs, for Jefferson Street and Miles Avenue.
3) To operate and maintain the facilities and INDIO will pay fifty percent (50%) of
all operations, maintenance, repair, and replacement costs, including
electrical energy costs, for Jefferson Street and Westward Ho Drive.
4) To pay six percent (6%) of all operations, maintenance, repair, and
replacement costs, including electrical energy costs, for Jefferson Street and
Home Depot/Vista Grande. INDIO shall pay to LA QUINTA such 6%
obligation within thirty (30) days of receipt of billing therefore.
5) To pay seventy-five percent (75%) of all operations, maintenance, repair, and
replacement costs, including electrical energy costs, for Jefferson Street and
Highway 111. INDIO shall pay to LA QUINTA such 75% obligation within
thirty (30) days of receipt of billing therefore.
Section IIII
IT IS MUTUALLY AGREED AS FOLLOWS:
1) No alteration or variation of the terms of this Agreement shall be valid unless
made in writing and signed by all parties, and no oral understanding or
agreement not incorporated herein shall be binding on either party hereto.
2) Upon completion of all work under this Agreement, ownership and title to all
materials, equipment, and appurtenances installed in LA QUINTA shall be
vested in LA QUINTA and all materials, equipment, and appurtenances
installed in INDIO shall be vested in INDIO.
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3) Neither LA QUINTA nor any officer or employee thereof shall be responsible
for any damage or liability occurring by reason of anything done or omitted to
be done by INDIO under or in connection with any work, authority or
jurisdiction delegated to INDIO under this Agreement unless such damage or
liability is the result of LA QUINTA's misconduct or negligence. It is further
agreed that, pursuant to Government Code Section 895.4, INDIO shall fully
indemnify and hold LA QUINTA harmless from any liability imposed for injury
(as defined by Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by INDIO under or in connection with
any work, authority or jurisdiction delegated to INDIO under this Agreement
except to the extent that such injury results from LA QUINTA's own
misconduct or negligence.
4) Neither INDIO nor any other officer or employee thereof shall be responsible
for any damage or liability occurring by reason of anything done or omitted to
be done by LA QUINTA under or in connection with any work, authority or
jurisdiction delegated to LA QUINTA under this Agreement. It is also agreed
that, pursuant to Government Code Section 895.4, LA QUINTA shall fully
indemnify and hold INDIO harmless from any liability imposed for injury (as
defined by Government Code Section 810.8) occurring by reason of anything
done or omitted to be done by LA QUINTA under or in connection with any
work, authority or jurisdiction delegated to LA QUINTA under this Agreement
except to the extent that such injury results from INDIO's own misconduct or
negligence.
NOTICES:
Any notice required to be sent pursuant to this Agreement shall be sent by
regular mail, addressed as indicated in the signature blocks which follow:
CITY OF INDIO
City of INDIO
Glenn Southard, City Manager
100 Civic Center Mall
Indio, CA 92202
ATTES
CytKthia Hernandez
City Clerk
APPROYEB�S TO FORM:
Date � � O %
By:
By: Edward Kotkin
Ben Godfrey, ay City Attorney
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CITY OF LA QUINTA
City of La Quinta
Thomas P. Genovese, City
Manager
78-495 Calle Tampico
La Quinta, CA. 92247-1504
D. • ,
a! „'
Donald •,May �r
ATTES
By:
Veronica J. Mo ecino, CMC,
City Clerk
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:;�/ .;tom
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