2012/04/17 Perris, City Maintenance of Traffic Signals and Safety Lighting 1 AGREEMENTFOR
2 MAINTENANCE OF TRAFFIC SIGNALS
3 AND SAFETY LIGHTING
4 This AGREEMENT is made this 17th day of April, 2012 between the City of Perris, a municipal
5 corporation (hereinafter referred to as PERRIS) and the City of Menifee, a municipal corporation
6 (hereinafter referred to as MENIFEE):
7 This AGREEMENT is for the energy and maintenance work provided by the PERRIS Public
8 Works Department on traffic signal and highway safety lighting installations jointly-owned by MENIFE
9 and PERRIS at the location(s)shown on the attached Appendix.
10 IT IS AGREED:
11 1. PERRIS, through its Public Works Department, will provide routine maintenance work an
12 emergency call-out service on traffic signals, highway safety lighting, flashing beacons, and other
13 electrically operated traffic control or warning devices located partly within the boundaries o
14 MENIFEE and partly within the boundaries of PERRIS. In providing said maintenance PERRIS
15 shall do the following: Inspect the signal system and clean the control cabinet every six (6
16 weeks; re-lamp and clean incandescent lamped signal heads every three (3) years and re-lam
17 light emitting diode (LED) signal heads, as needed; and re-lamp and clean luminaries every five
18 (5)years.
19 2. MENIFEE shall pay PERRIS that percentage for each location of the total costs of electrical
20 energy, routine maintenance and emergency service, including all PERRIS costs for wages
21 benefits, transportation, materials and administrative accounting, as set forth in the attache
22 Appendix, as the percentage of MENIFEE's location ownership. PERRIS shall per responsible
23 for that percentage of the total of the aforementioned costs for each location, as set forth in the
24 Appendix, as the percentage of the PERRIS's location ownership.
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1 3. Records for the work provided under this Agreement shall be kept by PERRIS and shall include
2 the cost of all services performed. Billing shall be made quarterly and shall include an annual
3 itemized accounting of all costs and services.
A 4. MENIFEE shall submit in writing any dispute in PERRIS billing within thirty (30) working day
5 after the receipt of such billing. Otherwise, MENIFEE shall pay for services within thirty (30
6 days after receipt of billing from PERRIS. In the event of such dispute, the parties shall meet an
7 confer in good faith. If agreement cannot be reached, the parties agree to submit the matter t
8 binding arbitration, with costs equally shared.
9 5. This Agreement shall become effective upon approval by both city councils of PERRIS and
10 MENIFEE. This Agreement shall remain in force until terminated by either party upon thin
11 (30)days written notice to the other party.
12 6. If PERRIS is of the opinion that any work PERRIS has been directed to perform is beyond the
13 scope of this Agreement and constitutes Extra Work, PERRIS shall promptly notify MENIFEE o
14 that opinion. In the event that MENIFEE agrees that such work does indeed constitute Extra
15 Work and authorizes PERRIS to perform the Extra Work, at the same rates as other work under
16 this AGREEMENT. If the parties cannot agree, it shall be determined in the same manner as i
17 Paragraph 4, above.
18 7. Upon and subject to further agreement of the parties acknowledged in writing by the parties
19 respective city managers facilities of like nature may be added hereto or deleted here from the
20 Appendix without further review by either the City Council of MENIFEE or City Council o
21 PERRIS.
22 8.
23 PERRIS shall indemnify, defend, save and hold harmless MENIFEE, its officers, agents, servant
24 and employees of and from any and all liability, claims, demands, debts, damages, suits, action
25 and causes of action of whatsoever kind, nature or sort, including, but not by way of limitation
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1 wrongful death, personal injury or damage to property, the expenses of the defense of said
2 parities and the payment of attorneys' fees in any such claim or action, arising out of or with an
3 act or omission of PERRIS or PERRIS employees done or performed hereunder, other than the
9 active negligence or intentional acts of MENIFEE or its employees.
5 9. This Agreement contains the entire agreement of the parties with respect to the subject matte!
6 hereof, and supersedes all prior negotiations, understandings or agreements pertaining to the
7 locations stipulated in the attached Appendix. This Agreement may only be modified in writing,
8 signed by each party.
9 10. Notice. Any notice required or permitted to be sent to each party shall be sent by regular mail
10 addressed as follows:
11 City of Perris City of Menifee
101 N. D Street 29714 Hann Road
12 Perris, CA 92570 Menifee, CA 92586
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
17 authorized representatives on QT / /) 2012.
18 Dated: U —/ Dated: /T-_
19 CIT PERRIS CITY OF MENIIFEE
20 By: // V
21 Mayor Dar R. 13 ch John). Denver, Mayor
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Attest: Attest:
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By: By:
25 City Ierk.J MY L. Haugh y Kathy/Bennett, City Clerk
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1 Approved as to Form: Approved as to 4Form-
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3 By: By:City Attorney Josep cy Attorney
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Recommended for Approval: Approved as to Content:
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By: By:
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1 APPENDIX
2 MAINTENANCE AGREEMENT FOR
3 TRAFFIC SIGNAL AND SAFETY LIGHTING INSTALLATIONS
4 THAT ARE JOINTLY-OWNED BY THE CITY OF PERRIS
5 AND THE CITY OF MENIFEE
6 MAINTAINED BY THE CITY OF PERRIS
APRIL 2012
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9
City of Perris
10 Traffic Signal Intersection Ownership
11 67 Ethanac and Trumble Roads 25% City of Menifee
12 75% City of Perris
13 70 Ethanac and Barnett Roads 25% City of Menifee
75% City of Perris
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