CONTRACT 4609 OtherAgreement No. 4609
FUNDING AGREEMENT BETWEEN
SOUTH BAY CITIES COUNCIL OF GOVERNMENTS
AND
CITY OF EL SEGUNDO
THIS FUNDING AGREEMENT is entered into this first day of June, 2014 by and between
the SOUTH BAY CITIES COUNCIL OF GOVERNMENTS, a joint powers authority
( "SBCCOG "), and the CITY OF EL SEGUNDO, a general law city and municipal corporation
( "CITY "). The Parties agree as follows:
1. SBCCOG agrees to award to CITY and CITY agrees to accept from SBCCOG the
maximum award of $150,000. The Parties agree that CITY will retain a qualified consultant to
design bikeways for three streets and a concept design for one additional street in accordance with
the El Segundo General Plan and El Segundo Municipal Code (collectively, the "Plans ") and
SBCCOG will pay for those services.
2. The period of this Funding Agreement extends from the date that this Funding
Agreement becomes effective and expires June 30, 2015.
3. CITY must submit quarterly progress reports to SBCCOG, due no later than the I Oh of
each following month, in the Measure R Reporting format provided by the Metropolitan
Transportation Authority (Metro)
4. CITY agrees to bill the SBCCOG for reimbursement for all work performed
under this Funding Agreement up to the contracted amount through June 30, 2015 unless a
written extension is approved by the SBCCOG. It is understood that the SBCCOG will not
reimburse expenses to the CITY until the SBCCOG is reimbursed by Metro.
5. As appropriate, CITY shall include in all of its promotional literature and
appropriate exterior and interior signage language crediting the SBCCOG Measure R Highway
Program as the financial supporter of the CITY and its programs.
6. CITY agrees that SBCCOG may, at any time, audit any and all of CITY's books,
documents, or records relating to this Funding Agreement.
7. SBCCOG may terminate this agreement for cause. All terms, provisions, and
specifications of this Agreement are material and binding, and failure to perform any material
portion of the work described herein shall be considered a breach of this Agreement. Should the
Agreement be breached in any manner, the SBCCOG may, at its option, terminate the Agreement
not less than five (5) days after written notification is received by the CITY to remedy the
violation within the stated time or within any other time period agreed to by the parties. In the
event of such termination, the CITY shall be responsible for reimbursing the SBCCOG, upon the
SBCCOG's determination of expended funds, up to the full amount of the grant.
Agreement No. 4609
S. If the CITY fails to meet the requirements of this Agreement, CITY will be required
to reimburse the SBCCOG all funds spent on the project.
9. Assignments of any or all rights, duties, or obligations of CITY under this Agreement
will be permitted only with the express consent of SBCCOG.
10. CITY agrees to indemnify, defend (at SBCCOG's option) and hold harmless
SBCCOG, its officers, agents, employees, representatives, and volunteers from and against any and
all claims, demands, reasonable defense costs, actions, liability, or consequential damages arising
from bodily injury, death, or property damage arising out of the negligent acts or omissions of CITY
in its performance or failure to perform, under the terms of this Funding Agreement.
11. Without limiting SBCCOG's right to indemnification, it is agreed that CITY must
secure before commencing any activities under this Funding Agreement, and maintain during the
term of this Funding Agreement, insurance coverage (if applicable) and consistent with standards in
such agencies as follows:
A. Workers' Compensation Insurance as required by California statutes or qualified
self - insurance as allowed under California law;
B. Comprehensive General Liability Insurance, or Commercial General Liability
Insurance, including coverage for Premises and Operations, Contractual Liability,
Personal Injury Liability, Products /Completed Operations Liability, Broad -Form
Property Damage (if applicable) and Independent Contractor's Liability (if
applicable) in an amount of not less than one million dollars ($1,000,000) per
occurrence, combined single limit.
C. Comprehensive Automobile Liability coverage (if applicable) including owned,
non -owned and hired autos, in an amount of not less than five hundred thousand
dollars ($500,000) per occurrence, combined single limit.
12. A certificate of insurance naming the SBCCOG, its officers, agents, employees,
representatives, and volunteers must be provided before execution of this Funding Agreement.
Before the execution of this Funding Agreement, CITY must deliver to SBCCOG insurance
certificates confirming the existence of the insurance required by this Funding Agreement, and
including the applicable clauses referenced above.
13. Nothing herein contained must be construed as limiting in any way the extent to which
CITY may be held responsible for payments of damages to persons or property resulting from
CITY's or its subcontractor's performance of the work covered under this Funding Agreement.
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Agreement No. 4609
14. This Funding Agreement supersedes any and all Funding Agreements, either oral or
written, between the parties hereto with respect to the services by the CITY for SBCCOG and
contains all of the covenants and Funding Agreements between the parties with respect to the
rendering of such services in any manner whatsoever. Each party to this Funding Agreement
acknowledges that no representations, inducements, promises, or Funding Agreements, either orally
or otherwise, have been made by any party, which are not embodied herein, and that no other
Funding Agreement, statement, or promise not contained in this Funding Agreement must be valid or
binding. Any modification of this Funding Agreement will be effective only if it is in writing signed
by the party to be charged.
15. Notices and communication concerning this Funding Agreement must be sent to the
following addresses:
SBCCOG
Jacki Bacharach, Executive Director
20285 Western Avenue, Suite 100
Torrance, CA 90501
CITY
Stephanie Katsouleas, P.E.
Director of Public Works
350 Main Street
El Segundo, CA 90245
16. The effective date of this Funding Agreement is June 1, 2014.
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Agreement No. 4609
IN WITNESS WHEREOF, the parties hereto have caused this Funding Agreement to
executed on the day and year first written above.
For C
Greg Carpcn r, City anager
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Karl H. Bq,(�6j�
Assistant 01 Attorney
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