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Home My WebLink AboutAGMT - City of Cypress (Joint Purchase, Use, Maint. of Sewer Video Equip.) „4CtoC, co,tVt.cc,i- All • AGREEMENT REGARDING JOINT PURCHASE, USE, AND MAINTENACE OF SEWER VIDEO EQUIPMENT BY THE CITIES OF SEAL, BEACH AND CYPRESS. THIS AGREEMENT dated this 19 day of July, 1997, by and between the CITY OF SEAL BEACH, . a Municipal ,Corporation, hereinafter referred to as "SEAL BEACH ", and the CITY OF CYPRESS, a California Charter Municipal Corporation, hereinafter referred to as "CYPRESS ". RECITALS SEAL BEACH and CYPRESS contemplate the joint purchase, use, and maintenance of sewer video equipment, referred to herein as "EQUIPMENT ", and desire to specify the terms and conditions under which EQUIPMENT is to be purchased, used, and maintained. Now, therefore, in consideration of the rights and obligations set forth herein, the parties agree as follows: SECTION I CYPRESS AGREES: 1. To purchase, register, and maintain sewer video equipment and support van (EQUIPMENT) as listed in Exhibit "A" attached hereto. 2. To store EQUIPMENT at the City Yard and to make EQUIPMENT available to Seal Beach on a 24 hour 7 day a week basis for emergency usage. 3. To work with SEAL BEACH on scheduling the usage of EQUIPMENT to allow equal access to EQUIPMENT on an annual basis. 4. To pay an amount equal to Fifty Percent (50 %) of the purchase price, maintenance costs, and any agreed upon upgrades. 5. To keep EQUIPMENT in a clean and orderly manner and to report any damage caused by CYPRESS's usage of EQUIPMENT. Said damage shall be repaired by CYPRESS at CYPRESS's expense if the damage is beyond normal wear and was caused by operator misuse. 1 of 4 • • SECTION II • SEAL BEACH AGREES: • 1. To allow CYPRESS to purchase, register, and maintain sewer video equipment and support van (EQUIPMENT) as listed in Exhibit "A" attached hereto. 2. To allow CYPRESS to store EQUIPMENT at its City Yard with the understanding that CYPRESS will make EQUIPMENT available to Seal Beach on a 24 hour 7 day a week basis for emergency usage. 3. To work with CYPRESS on scheduling the usage of EQUIPMENT to allow equal access to EQUIPMENT on an annual basis. 4. To pay an amount equal to Fifty Percent (50 %) of the purchase price, maintenance costs, and any agreed upon upgrades. 5. To keep EQUIPMENT in a clean and orderly manner and to report any damage caused by SEAL BEACH's usage of EQUIPMENT. Said damage shall be repaired by CYPRESS at SEAL BEACH's expense if the damage is beyond normal wear and was caused by operator misuse. SECTION III IT IS MUTUALLY AGREED AS FOLLOWS: 1. The costs of any maintenance referred to herein shall include all direct and indirect costs (functional and administrative overhead assessment) attributable to such work and applied in accordance with standard accounting procedures. 2. Neither CYPRESS 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 SEAL BEACH with regards to the usage of EQUIPMENT. It is also agreed that, pursuant to Government Code Section 895.4, SEAL BEACH shall fully indemnify and hold harmless CYPRESS 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 SEAL BEACH in connection with this Agreement. 3. Neither SEAL BEACH nor any officer or employee thereof shall be responsible for any damage or liability occurring by 2 of 4 dyPieez 940 :eason of anything done or omitted to be done by DEAL BEACH .aith regards to the usage of EQUIPMENT. It is also agreed /1 that, pursuant to Government Code Section 895.4, •ZEAL BSQ'V C'ypeEds shall fully indemnify and hold harmless SEAL BEACH from any n' liability imposed for injury (as defined by Government Code ?lam Section 810.8) occurring by reason of anything done or omitted to be done by CYPRESS in connection with this Agreement. 4. It is understood and agreed that any references made to the assumption of liability in this agreement are subject to the provisions put forth in the policies held by each city with the Orange County Cities Risk Management Authority. 5. This Agreement is made for the mutual benefit of the parties hereto in contemplation of the joint use of EQUIPMENT. 6. All notices hereunder and communications regarding the terms of this Agreement shall be effected by the mailing thereof by certified mail, return receipt requested, postage prepaid to: Director of Public Works City of Cypress 5275 Orange Avenue Cypress, CA 90630 Director of Public Works City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 7. Use of EQUIPMENT as related to this Agreement, shall comply with all federal, state and local laws and ordinances and all lawful orders, rules and regulations thereunder. 8. In the event any legal action is commenced to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall, in addition to any other cost and relief, be entitled to its reasonable attorney's fees. 9. This Agreement shall be governed by the laws of the State of California. 10. This Agreement shall be in full force and effect until the EQUIPMENT is no longer usable, or repairable, as mutually agreed to by both parties. Agreement may be terminated by mutual consent of both parties with the disposition of EQUIPMENT to be determined by the parties at the time of termination. 3 of 4 • • IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers, duly authorized, by the CITY OF CYPRESS on 44tak 1997, and by the CITY OF SEAL BEACH on 6� . z t / / 1997. CITY OF EAL BEACH CITY OF CYPRESS City Manager City M nage ATTE • ATTEST: est_ 111 .9.1 Cit "Clerk, City of -a Beach Ci y Clerk, City of Cypress APPROVED AS TO FORM: APPROVED AS TO FORM: /O City Attorney, City of Seal Beach Cit A t o e City of Cypress Y� Y Y Y, y ypress 4 of 4 • • EXHIBIT A 1. 1985 Ford diesel extended 350 Econoline Van 2. 6kw Onan generator 3. RST omni-eye color camera with rotating head for looking up laterals 4. RST patrol tractor with remote control for moving camera through pipe 5. Tires and skids for 6" to 30" pipes 6. 1,500 if of new single conductor steel cable 7. RST power reel for cable 8. Sony color monitor, Samsung video tape recorder 9. RST data generator with keyboard for document on tape pipe location, etc. 10. IBM 286 computer, color US Logic monitor and database software for recording logs 11. Hydraulic traffic arrowboard atop van, yellow bar with safety lights 12. Desk with drawers for camera operator 13. Husky tool box 14. Skids and manual winch for pulling camera through pipe if tractor not used 15. Motorola two way radio