Loading...
Resolution No. 4793 '" I, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 4793 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AUTHORIZING THE EXECUTION OF A NEW GENERAL SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND THE COUNTY OF LOS ANGELES FOR A FIVE (5) YEAR PERIOD WHEREAS, the Chief Administrative Officer of the County of Los Angeles has presented a new General Services Agreement as authorized by Resolution No. 4787 of the City Council of the City of Vernon, adopted on April 7, 1981; and WHEREAS, the City Council of the City of Vernon desires to enter into said Agreement for a five (5) year period, commencing July 1, 1981, to cover miscellaneous and sundry services and in particular City prosecution services from the District Attorney and personnel services to be supplied by the County of Los Angeles and the various departments thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: That the City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: That the Mayor and the City Clerk of the City of Vernon are hereby authorized and directed to enter into. and execute the General Services Agreement between the City of Vernon and the County of Los Angeles for'a five (5) year period, commencing July 1, 1981, a copy of said. Agreement is attached hereto a:s Exhibit "11" and incorporated herein as though fully set forth at length. SECTION 3: That the City Clerk of the City of Vernon 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 shall certify to the passage of this Resolution and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 21st day of April, 1981. ATTEST: 6~~ BRUCE V. MALKENHORST, City Clerk -2- 1 STATE OF CALIFORNIA ) ) SSe 2 COUNTY OF LOS ANGELES ) 3 4 I, BRUCE V. MALKENHORST, City Clerk of the City of 5 Verno.n, do hereby certify that the foregoing Resolution, being 6 Resolution No. 4793 , was duly adopted by the City Council 7 of the City of Vernon, and was approved by the Mayor of said 8 City at a regular meeting of the City Council held on Tuesday, 9 10 11 12 13 14 15 (SEAL) April 21 , 19 81. ~~ BRUCE V. ~~LKENHORST, City Clerk 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- ~ 4/'81 " EXH.tllf., A rS76N-(IO/73)- 11.76 GENERAL SERVICES AGREEMENT 2 3 THIS AGREE:MENT, dated for purposes of reference only, 4 July 1 , 19 81 , is made by and between the County of 5 Los Angeles, hereinafter referred to as the "County", and the 6 City of __'y~x}].on , hereinafter referred to as the 7 "City". 8 RECITALS: 9 (a) The City is desirous of contracting with the County for 10 the performance by its appropriate officers and employees of City 11 functions. 12 (b) The County is agreeable .toperforming such services on the 13 terms and conditions hereinafter set forth. 14 (c) Such contracts are authorized and provided for by the 15 provisions of Section 56~ of the Charter of the County of Los Angeles 16 and Section 51300, et seq., of the Government Code. 17 THEREFORE, THE PARTIES AGREE AS FOLLOWS: 18 1. The County agrees, through its officers and employees, to 19 perform those City functions which are hereinafter provided for. 20 '. 2. The City shall pay for such services as are provided under 21 this agreement at rates to be determined by the County Auditor- 22 Controller in accordance with the policies and procedures 23 esta~lished by the Board of Supervisors. 24 These rates shall be readjusted by the County Auditor-Controller 25 annually effective the First day of July of each year to reflect the 26 cost of such service in accordance with the policies and procedures 27 for the determination of such rate as adopted by the Board of 28 Supervisors of County. EXHIBIT ~ . ~ j'S76N-(lOI73)- h 4.75 3. No County officer or department shall perform for said 2 City any function not coming within the scope of the duties of such 3 officer or department in performing services for the County. 4 4. No service shall be performed hereunder unless the City 5 shall have available funds previously appropriated to cover the cost 6 thereof. 7 5. No function or service shall be performed hereunder by. any 8 County officer or department unless such function or service shall 9 have been requested in writing by the City on order of the City 10 Council thereof or such officer as it may designate and approved by 11 the Board of Supervisors of the County, or such officer as it may 12 designate, and each such service or function shall be performed at 13 the times and under circumstances which do not inte;rfere with the 14 performance of regular County operations. 15 6. Whenever the County and City mutually agree as to the 16 necessity for any such County officer or department to maintain 17 administrative headquarters in the City, City shall furnish at its 18 own ,cost and expense all necessary office space, furnitursa, and 19 furnishings, office supplies, janitorial service, telephone, light, 20 water, and other utilities. In all instances where special 'supplies 22 stationery, notices, forms and the like must be issued in .the name of the City, the same shall be supplied by the City at its expense. It is expressly understood that in the event a local 21 23 24 'administrative office is maintained in the City for any such County 26 officer or department, ~uch quarters may be used by the County officer or department in connection with the performance of its duties in territory outside of the City and adjacent thereto, 25 27 28 III EXH1BIT It - 2 - ~ , i"576N-(10/73)- b 4-7$ J .: provided, however, that the perfonnance of such outside duties shall 2 not be at any additional cost to the City. 3 7. All persons employed in the performance of such services 4 and functions for the City shall be County employees, and no City 5 employee as such shall be taken over by the County, and no person 6 employed hereunder shall have any City pension, civil service, or 7 other status or right. 8 For the purpose of performing such services and functions, 9 and for the purpose of giving official status to the performance 10 hereof, every County officer and emplo~ee engaged in performing any 11 such service or function shall be deemed to be an officer or 12 employee of said City while performing service for the City within 13 the scope of this agreement. 14 8. City shall not be called upon to assume any liability for 15 the direct payment of any salary, wages or other compensation to any 16 County personnel performing services hereunder for the City, or any 17 liability other than that provided for in this agreement. 18 Except as herein otherwise specified, City shall. not be 19 liable for compensation or indemnity to any County employee for 20 injury or sickness arising out of his employment. 22 9. The County, its officers and employees, shall not be deemed to assume any liability for the negligence of the City, or of any officer or, employee thereof, nor for any defective or 21 23 24 . dangerous condition of the streets or property of the City, and the City shall hold County and its officers and employees harmless from, and shall defend County and the officers and employees thereof against any claim for damages resulting therefrom. 25 26 27 28 III EXHIBIT ~ 'II - 3 - !' H76N-(lO/73)- ( ib 4-75 10. Each County officer or department performing any service 2 for the City provided for herein shall keep reasonably itemized 3 and in detail work or job records covering the cost of all services 4 performed, including salary, wages and other compensation for l~bor; 5 supervision and planning, plus overhead, the reasonable rental value 6 of all County-owned machinery and equipment, rental paid for all 7 rented machinery or equipment, together with the cost of an 8 operator thereof when furnished with said machinery or equipment, 9 the cost of all machinery and supplies furnished by the County, 10 reasonable handling charges, and all additional items of expense Ll incidental to the performance of such function or service. 12 11. All work done hereunder is subject to the limitations of 13 the provisions of Section 23008 of the Government Code, and in 14 accordance therewith, before .any work is done or services rendered 15 pursuant heret.o, an amount equal to the cost or an amount 10% in 16 excess of the estimated cost must be reserved by the City from its 17 funds to insure payment for work, services or materials provided 18 here~nder . 19 12. The County shall render to City at the 20 close of each calendar month an itemized invoice which covers all 22 services performed during said month, and City shall pay County therefore within thirty (30) days after date of said invoice. If such payment is not delivered to the County office . which is described on said invoice within thirty (30) days after the date of the invoice, th~ County is entitled to recover interest thereon. . Said interest shall be at the rate of seven '(7) 21 23 24 25 26 27 percent per annum or any portion thereof calculated from the 28 last day of the month in which the services were performed. EXHIBIT tt - 4 - rS76N-(IOf73}- 11-76 , 1 2 13. If such payment is not delivered to the County office which is described on said invoice within thirty (30) days after the date of the invoice, the County may satisfy such indebtedness, including interest thereon, from any funds of any such City on deposit with the County without giving further notice to said City of County's intention to do so. 3 4 5 6 7 14. This contract shall become effective on the date herein- 8 above first mentioned and shall run for a period ending June 30, 9 19~, and at the option of the City Council of the City, with the 10 consent of the Board of Supervisors of County, shall be renewable 1:1 thereafter for an additional period of not to exceed five (5) years. 12 In event the City desires to. renew this agreement for said 13 five-year period, the City Council shall not later than the tenth of 14 May, 19 86 , notify the Board of Supervisors of County that it 15 wishes to renew the same, whereupon the Board of Supervisors, not 16 later than the last day of May, 19 86 , shall notify the City 17 Council in writing of its willingness to accept such renewal. 18 Otherwise such agreement shall finally terminate at the end of the 19 aforedescribed period~ 20 Notwithstanding the provisions of this paragraph hereinabove 21 set forth, the County may terminate this agreement at any time by 22 giving thirty(30) days prior written notice to the City. The City 23 may ~erminate this agreement as of the first day of July of any 24 year upon thirty. (30) days prior written notice to the County. 25 15. This agreement i$ designed to cover miscellaneous and 26 sundry services which may be supplied by the County of Los Angeles 27 and the various departments thereof. In event there now exists or 28 there is hereafter adopted a specific contract between the City ,I EXHIBIT A' - 5 - 1's.76N- (1 0/73)- h 4-75 .. t 1 and the County with respect to specific services, such contract with 2 respect to specific sel:'Vices shall be controlling as to the duties 3 and obligations of the parties anything herein to the co~trary 4 notwithstanding, unless such special contract adopts the provis~ons 5 hereof by reference. 6 IN WITNESS WHEREOF, the parties hereto have caused this 7 Agreement to be executed by their duly authorized officers. 8 9 Executed this c:</~ day of THE CITY OF Ve.rnon 10 ~ 11 12 ATTEST: 13 City Clerk , 1981. BY~~%4~ Thomas A. YBarra, 11ayor Pro Tem THE COUNTY OF LOS ANGELES By 14 By s/Bruce v. Malkenhorst ~~RP.~X Bruce V. Malkenhorst Chairman, Board of Supervisor 15 16 17 18 19 ATTEST: JAMES S. MIZE Executive Officer/Clerk" of the Board of Supervisors 20 21 By 22 Deputy 23 24 25 By 26 27 28 /' EXHIBIT Ir - 6 -