2011/10/18 Eastern Municipal Water District (EMWD) Fy11 Tank Logo Interagency agreement CITY OF MENIFEE
TANK LOGO
INTERAGENCY AGREEMENT
This Agreement is made and entered into this day of , 2011,
by and between Eastern Municipal Water District, organized and operating pursuant to Division
20 of the California Water Code (hereinafter "District"), and the City of Menifee, an incorporated
city of Riverside County, California (hereinafter "City').
RECITALS
WHEREAS, District owns and operates water and wastewater facilities within or in
proximity to City's service area; and
WHEREAS, City is desirous of applying City designed graphics (hereinafter referred to
as "City's Logo") to certain District water storage facilities for the purpose of identifying and
promoting the City; and
WHEREAS, the purpose of this Interagency Agreement is to set forth the terms and
conditions whereby District will authorize City to apply City's Logo to District's Water Storage
Tank.
NOW, THEREFORE, in consideration of the premises and covenants herein contained,
the parties agree as follows:
AGREEMENT
1. Incorporation of Recitals. The Recitals set forth above are incorporated into and are a
part of this Interagency Agreement.
2. Agreement. District, hereby, authorizes City to install and maintain City's Logo at
District's Tally Road Water Storage Tank located at 29742 Tally Road, Menifee,
California. Such authorization is subject to District's review and acceptance of City
provided logo, construction submittals, contractor selection, and materials; and shall be
performed by City, at City's sole cost and expense.
3. City's Responsibilities. City shall be responsible for any, and all, costs associated with
installing and maintaining City's Logo on District facilities. Such costs shall include, but
are in no way limited to, design, any required permitting, construction, coating, or
application of City's artwork; as well as any and all costs of District for project review,
coordination, and inspection.
City's Logo, or the construction or maintenance thereof, shall in no way interfere with
current or future District operations. Such Logo shall be applied utilizing high
performance coatings that are fully compatible with District's existing coating systems
and approved materials. City shall comply with all applicable District rules, standards,
and specifications; as well as any regulations and ordinances for the installation and
maintenance of City's Logo on District property. City shall be responsible for
workmanship and ensure contractor and product warranties are consistent with District
standards. City, its contractor, subcontractors and their employees, in the performance
of work under this Interagency Agreement shall be responsible for exercising the degree
of skill and care required by customarily accepted good professional practices and
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procedures. Any costs for failure to meet the foregoing standard or to correct otherwise
defective work that requires re-performance of the work, shall be borne in total by City.
Prior to installation City shall provide District for review, all necessary plans, designs,
specifications, and submittals for the application of City's Logo to the subject location.
Approval of such plans, designs, specifications, and submittals shall be provided to City,
in writing, with such approval being subject to the sole and absolute discretion of District;
which may be withheld or denied without cost or liability to District, of any kind.
District shall provide City limited and restricted access to the subject location. City shall
comply with all current and future District procedures and requirements for access and
entry, including notification to District headquarters, or any such procedure as may be
applicable or deemed appropriate by District Staff.
City, its contractors, agents, and employees shall ensure that all facilities are maintained
in a clean and orderly condition; and shall maintain and preserve its Logo from disrepair,
performing all necessary upkeep, cleaning, recoating, and refurbishment deemed
minimally suitable, by District.
4. District Responsibilities. District agrees to work cooperatively with City to review and
approve plans, designs, specifications, and submittals for application of City's Logo on
District facilities. District will provide City, upon City's request, any applicable
specifications, standards, or requirements necessary to be incorporated into City's plans,
designs, and contractor requirements. Such specifications may include, but shall not be
limited to, approved coatings or materials for use on District water storage facilities.
Prior to any work being performed; District shall provide City an estimate of costs
associated with District's review and inspection of the subject project. Upon City's
acceptance, City shall deposit such estimated funds with District representing District's
projected costs. Upon project completion, District will notify City of any additional
payment owing or refund due, which payment or refund shall be made within thirty (30)
days following District's notification to City of actual costs incurred.
5. District Maintenance and Recoating of Tanks. District shall periodically perform
maintenance of its water storage facilities. Such maintenance includes, but is not limited
to recoating of said facilities, in which City's Logo may be partially or entirely affected or
removed. Recoating is typically performed every ten (10) years with such frequency
subject to variation. District estimates the Tally Road Water Storage Tank to require
recoating approximately eight (8) years from the date of this Interagency Agreement.
City shall be responsible for all costs and expenses associated with reapplying and
installing City's Logo following such maintenance by District, regardless of when it may
occur. District, in no way, guarantees the frequency of any such maintenance, nor the
duration for its completion. District agrees to work cooperatively with City for City to
replace its Logo in a cost effective and efficient manner. However, District shall not be
liable for any direct, indirect, or consequential costs, damages, or delays associated with
any such maintenance by District.
6. Security and Vandalism. City shall assume and bear all risk to City's Logo due to
vandalism or defacement, or damages of any kind, from any cause, whatsoever. District
shall, in no way be responsible, to ensure the security or protection of City's Logo
located on District facilities.
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7. Term. This Interagency Agreement shall remain in effect unless terminated, in writing,
by giving one-hundred and eighty (180) days prior notice, by either Party, in which case
City's Logo shall be removed and-District's water storage tank and property restored, by
City, to its original condition, reasonable wear and tear excepted. Additionally,
throughout the term of this Agreement, District may, at its sole discretion, require City to
remove or relocate City's Logo as may be necessary for purposes of construction,
expansion, or other operational needs of District. In either event; District shall, in no
way, be liable for any direct, indirect, or consequential costs or damages resulting from
such termination, including any costs for replacement or relocation of City's Logo.
8. Utilities. City shall provide for installation and be responsible for any and all utility costs
required to serve its installed facilities.
9. Insurance. Prior to initiating any work, and throughout the term of this Interagency
Agreement, City shall provide and maintain liability insurance, or self-insurance
coverage, naming District as additional insured, in an amount and type acceptable to
District. Additionally, City shall require any contractor performing work for City on District
property to provide District with evidence of such coverage and bonding, also naming
District as additional insured. Acceptance of such contractor provided insurance shall be
at the sole and absolute discretion of District.
Failure by City or of its agents or contractors to meet or maintain such requirements
shall be cause for the immediate termination of this Interagency Agreement. In such
event, City shall be responsible for all costs necessary for District to restore the subject
location to its original condition.
10. Hold Harmless and Indemnification. District, its agents, officers and employees shall not
be liable for any claims, liabilities, penalties, fines, theft, or any damage to property,
whether real or personal, nor for any personal injuries or death caused by, or resulting
from, or claimed to have been caused by or resulting from, in any way, District's
authorizing City to install and to maintain City's Logo on District owned property, except
those caused by the sole negligence or willful misconduct of District, its agents, officers
or employees. City hereby agrees to indemnify and hold harmless and defend District
and its authorized agents, officers and employees against any of the foregoing liabilities,
claims and/or any cost or expense that is incurred by District on account of any of the
foregoing liabilities, including liabilities or claims by reason of City's or its contractors
actions in the use of District property; excluding however, such liability, claims, losses,
damages, theft, or expenses arising from District's sole negligence or willful misconduct.
11. Entire Agreement. This Interagency Agreement is intended by the Parties as a complete
and exclusive statement of the terms of their agreement and supersedes all prior
agreements, written or oral, as to this subject matter. This Agreement may be amended
only in writing signed by both parties. No waiver of any term or condition of this
Agreement shall be a continuing waiver thereof.
12. Notices. Any notice required by this Interagency Agreement to be given or delivered to
any Party shall be deemed to have been received when personally delivered or mailed in
the United States mail addressed as follows:
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District Eastern Municipal Water District
Post Office Box 8300
Perris, Ca. 92572-8300
Attn: General Manager
Citv City of Menifee
29714 Haun Road
Menifee, Ca. 92586
Attn: City Manager
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first
above written.
CITY OF MENIFEE EASTERN MUNICIPAL WATER DISTRICT
By: r� ��:�t. t —C ., By.
Wallace Edgerton, Mayor Paul D. Jo es II, P.E., Ge eral Manager
Dated: Dated: '3 c C
Attest:
KatKat B nett, City Clerk
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