COST SHARING AGREEMENT BETWEEN THE CITY OF RIPON AND THE
COUNTY OF STANISLAUS FOR THE REIMBURSEMENT OF COST TO REPAIR OF
THE STANISLAUS RIVER BIKE/PEDESTRIAN BRIDGE
This Cost Sharing Agreement for Construction Services (“Agreement”), is made and entered into on _____________, 2026 (the “Effective Date”) by and between the City of Ripon, a California municipal corporation (“City”) and the County of Stanislaus, a political subdivision of the State of California (“County”). City and County may be individually referred to herein as a “Party” or collectively as the “Parties.”
RECITALS:
A. The Stanislaus River Bike/Pedestrian Bridge was damaged during a storm event that resulted in the need to close the bridge to public access until the damaged bridge section was replaced.
B. The City entered into a contract to repair the damaged portion of the Stanislaus River Bike/Pedestrian Bridge, which includes the removal and replacement of the damaged bridge section and the pouring of the concrete deck (the “Project”).
C. The Stanislaus River Bike/Pedestrian Bridge was included as part of the City’s property insurance program. The City has submitted a claim that is currently being processed for reimbursement of the cost of the Project, not including the City’s deductible in the amount of $100,000.
D. The San Joaquin Council of Governments reimbursed the City in the amount of $33,000, which constituted approximately one-third (1/3) of the City’s property insurance deductible.
E. The County desires to reimburse the City for approximately one-third (1/3) of the City’s incurred property insurance deductible for the Project.
NOW, THEREFORE, it is agreed as follows:
1. Scope of Agreement. The Parties agree that the Project has been completed by the City.
This Agreement is intended solely to allocate and recover a portion of the property insurance deductible incurred by the City in connection with the Project. The County agrees to reimburse the City for $33,000, which represents approximately one-third (1/3) of the property insurance deductible.
2. Payment. The County shall remit to the City its share of the deductible within sixty (60) days of receiving an invoice from the City. The City’s invoice will include documentation of the insurance deductible paid.
3. Term. The term of this Agreement will commence as of the date first written above and shall remain in effect until the County’s payment obligation is fulfilled.
4. Indemnification. The parties agree, pursuant to Government Code section 895.4, that each party shall fully indemnify and hold harmless the other party and its agents, officers, employees and contractors from and against all claims, damages, losses, judgments, liabilities, expenses and other costs, including litigation costs and attorney fees, arising out of, resulting from, or in connection with any work delegated to or action taken or omitted to be taken by such party under this Agreement.
5. Amendments. This Agreement may be amended, or provisions contained herein may be altered or changed only by mutual written agreement signed and approved by the respective approving authorities of County and City. No oral understanding or agreement, not incorporated herein, shall be binding on any of the parties hereto.
6. Notice. Any notice which may be required under this Agreement shall be in writing and shall be given by personal service, first-class mail, certified or registered mail return receipt requested, or overnight delivery to the addresses set forth below:
To City: Kevin Werner
City Administrator
City of Ripon
259 N. Wilma Avenue
Ripon, CA 95366
To County: David A. Leamon Director
Department of Public Works Director
1716 Morgan Road
Modesto, CA 95358
All notices and other communications shall be deemed communicated as of actual receipt or after the second business day after the notice has been dispatched. The parties may change their respective address by giving notice of such change to the other party in the manner provided in this Section.
7. Termination. Except as provided elsewhere in this Agreement, the Parties may not terminate this Agreement during the Term unless upon mutual written agreement signed and approved by the respective approving authorities of County and City. This Agreement will automatically terminate upon the full payment to the City.
8. Attorney’s Fees and Costs. In any action which a party brings to enforce its rights hereunder, the unsuccessful party shall pay all costs incurred by the prevailing party, including reasonable attorneys’ fees.
9. Entire Agreement. This Agreement contains the entire understanding between the parties.
All previous proposals, offers, and other communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. This Agreement may be amended only by written instrument executed by County and City.
10. Waiver. No waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by both parties, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.
11. Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement.
12. Time is of the Essence. Time is and shall be of the essence in this Agreement.
13. Compliance. Both parties agree to comply at all times, in its performance of this Agreement, with all applicable local and state laws.
14. Counterparts. This Agreement may be executed and delivered in any number of counterparts, each of which so executed and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the County of Stanislaus, a California municipal corporation, has authorized the execution of this Agreement in duplicate by its Board of Directors and attestation by its County Clerk under authority of Resolution No. __________, adopted by the Board of Directors of County of Stanislaus on the ____ day of ___________, 2025, and City has authorized the execution of this Agreement in duplicate by the City of Ripon’s City Administrator under authority of Resolution No. __________, adopted by the City Council of the City of Ripon on the _____ day of __________, 2026.
(SIGNATURE PAGE FOLLOWS)
COUNTY OF STANISLAUS
a political subdivision of the State of California
By:
Vito Chiesa
Chair of the Board
ATTEST:
Mary E. Hartsfield
Clerk of the Board of Supervisors of the
County of Stanislaus, State of California
By:
Deputy Clerk
APPROVED AS TO CONTENT:
By:
David A. Leamon
Director of Public Works
APPROVED AS TO FORM:
Thomas E. Boze, County Counsel
By:
Thomas E. Boze
County Counsel
CITY OF RIPON
a California municipal corporation
By:
Gary Barton
Mayor
APPROVED AS TO FORM:
By:
Tom Terpstra, Jr.
City Attorney
ATTEST:
BY: _____________________________
Lisa Roos
City Clerk
EXHIBIT A
STANISLAUS RIVER BIKE/PEDESTRIAN BRIDGE REPAIR
The Stanislaus River Bike/Pedestrian Bridge sustained damage during a storm event. The City of Ripon undertook the necessary repair work to restore the damaged portion of the bridge. The scope of the work included, but was not limited to:
Removal and replacement of damaged bridge components; Structural and safety repairs;
Restoration of pedestrian and bicycle access.
The repair work (the “Project”) has been completed in accordance with the contract entered into by the City of Ripon.
EXHIBIT B
COMPENSATION SCHEDULE
The Parties agree that the City of Ripon incurred an insurance deductible in the amount of One Hundred Thousand Dollars ($100,000.00) in connection with the repair of the Stanislaus River Bike/Pedestrian Bridge.
Pursuant to this Agreement, the County of Stanislaus shall reimburse the City of Ripon for approximately one-third (1/3) of the deductible, in the amount of Thirty Three Thousand Dollars ($33,000.00).
Payment of the County’s share shall be made to the City within thirty (30) days of receipt of an invoice from the City, accompanied by documentation of the deductible amount and proof of payment by the City.