2007 California Government Code Chapter 21. Tort Liability Under Agreements Between Public Entities

CA Codes (gov:895-895.8)

895.  As used in this chapter "agreement" means a joint powers
agreement entered into pursuant to Chapter 5 (commencing with Section
6500) of Division 7 of Title 1 of the Government Code, an agreement
to transfer the functions of a public entity or an employee thereof
to another public entity pursuant to Part 2 (commencing with Section
51300) of Division 1 of Title 5 of the Government Code, and any other
agreement under which a public entity undertakes to perform any
function, service or act with or for any other public entity or
employee thereof with its consent, whether such agreement is
expressed by resolution, contract, ordinance or in any other manner
provided by law; but "agreement" does not include an agreement
between public entities which is designed to implement the
disbursement or subvention of public funds from one of the public
entities to the other, whether or not it provides standards or
controls governing the expenditure of such funds.




895.2.  Whenever any public entities enter into an agreement, they
are jointly and severally liable upon any liability which is imposed
by any law other than this chapter upon any one of the entities or
upon any entity created by the agreement for injury caused by a
negligent or wrongful act or omission occurring in the performance of
such agreement.
   Notwithstanding any other law, if a judgment is recovered against
a public entity for injury caused in the performance of an agreement,
the time within which a claim for such injury may be presented or an
action commenced against any other public entity that is subject to
the liability determined by the judgment under the provisions of this
section begins to run when the judgment is rendered.



895.4.  As part of any agreement, the public entities may provide
for contribution or indemnification by any or all of the public
entities that are parties to the agreement upon any liability arising
out of the performance of the agreement.




895.6.  Unless the public entities that are parties to an agreement
otherwise provide in the agreement, if a public entity is held liable
upon any judgment for damages caused by a negligent or wrongful act
or omission occurring in the performance of the agreement and pays in
excess of its pro rata share in satisfaction of such judgment, such
public entity is entitled to contribution from each of the other
public entities that are parties to the agreement.  The pro rata
share of each public entity is determined by dividing the total
amount of the judgment by the number of public entities that are
parties to the agreement.  The right of contribution is limited to
the amount paid in satisfaction of the judgment in excess of the pro
rata share of the public entity so paying.  No public entity may be
compelled to make contribution beyond its own pro rata share of the
entire judgment.



895.8.  Except for Section 895.6, this chapter applies to any
agreement between public entities, whether entered into before or
after the effective date of this chapter.  Section 895.6 applies to
any agreement between public entities entered into, or renewed,
modified, or extended, after the effective date of this chapter.