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Resolution No. 5937 , ' RESOLUTION NO. 5937 1 3 A RESOLUTION OF THE CITY COUNCIL OF THE ~-~.~ OF . VERNON APPROVING ANOn.. AU'l'HOR:.I-ZI~ THE EXECUTION OF A GENERAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND THE COUNTY OF LOS ANGELES FOR A FIVE (5) YEAR PERIOD 2 4 5 WHEREAS, the City Council of the City of Vernon adopted 6 Resolution No. 5274 on May 6, 1986, which authorized the 7 execution of a General Services Agreement between the ci ty of 8 Vernon and the County of Los Angeles for a five (5) year period, 9 to wit, July 1, 1986 to June 30, 1991; and 10 WHEREAS, the office of the Chief Administrative Office 11 of the county of Los Angeles has presented anew General 12 Services Agreement for approval; and 13 WHEREAS, the city of Vernon entered into an Assumption 14 of Liability Agreement with the County of LOS Angeles dated 15 November 14, 1977 which is incorporated by reference in said new 16 General Services Agreement; and 17 WHEREAS, The City Council of the City of Vernon desires 18 to enter into said Agreement for a five (5) year period, 19 commencing July 1, 1991 to cover miscellaneous and sundry 20 services which may include, for example, city prosecution 21 services from the District Attorney and personnel services to be 22 supplied by the County of Los Angeles and the various department 23 thereof. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 25 THE CITY OF VERNON AS FOLLOWS: 26 SECTION 1: The City Council of the city of Vernon 27 hereby finds and determines that the recitals contained 28 hereinabove are true and correct. <r 1 -, , . ' SECTION 2: The city council of the city of Vernon 2 hereby approvesmntheGeneralServices Agreement, am copy mO_fm whi~lLm__ 3 has been presented to the City Council concurrently with this 4 resolution and the city Council hereby orders said Agreement to 5 be received and filed by the City Clerk. 6 SECTION 3: The City council of the City of Vernon 7 hereby authorizes the Mayor and the city Clerk to execute said 8 Agreement for, and on behalf of, the city of Vernon. 9 SECTION 4: The city Council of the City of Vernon 10 hereby instructs the city Administrator/City Clerk to return 11 three signed originals of the General Services Agreement to 12 City-County Liaison, Chief Administrative Office, 723 Hall of 13 Administration, 500 West Temple street, Los Angeles, CA 90012. 14 SECTION 5: The City Clerk of the city of Vernon shall 15 certify to the passage of this resolution and thereupon and 16 thereafter the same shall be in full force and effect. 17 APPROVED AND ADOPTED this 18th day of June, 1991. 18 19 20 21 22 23 24 25 26 27 28 ATT~ BRUCE V. ~' LEOius C. URG, M or -2- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .. . " . STATE OF CALIFORNIA ) I )ss COUNTY OF LOS ANGELES ) 2 I, BRUCE V. MALKENHORST, City Clerk of the City of 3 Vernon, do hereby certify that the foregoing Resolution, being 4 Resolution No. 5937, was duly adopted by the city Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, June 18, 1991, and thereafter duly signed by 5 6 7 the Mayor of the city of Vernon. 8 9 ~/U/~ BRUCE V. MALKENHORST, City Clerk (SEAL) 25 26 27 28 -3- . , ", /fEc5' 0-Y":?? GENERAL SERVICES AGREEMENT 6 5 4 5 9 THIS AGREEMENT, dated for purposes of reference only, ,)~~ J:!., 1991, is made by and between the County of Los Angeles, hereinafter referred to as the "County", and the City of Vernon, hereinafter referred to as the "City". RECITALS: (a) The City is desirous of contracting with the County for the performance by its appropriate officers and employees of City functions. (b) The County is agreeable to performing such services on the terms and conditions hereinafter set forth. (c) Such contracts are authorized and provided for by the provisions of Section 56Y.! of the Charter of the County of Los Angeles and Section 51300, et seq., of the Government Code. THEREFORE, THE PARTIES MUTUAllY AGREE AS FOllOWS: 1. The County agrees, through its officers and employees, to perform those City functions which are hereinafter provided for. 2. The City shall pay for such services as are provided under this agreement at rates to be determined by the County Auditor-Controller in accordance with the policies and procedures established by the Board of Supervisors. These rates shall be readjusted by the County Auditor-Controller annually effective the first day of July of each year to reflect the cost of such service in accordance with the policies and procedures. for the determination of such rate as adopted by the Board of Supervisors of County. 3. No County officer or department shall perform for said City any function not coming within the scope of the duties of such officer or department in performing services for the County. , 4. No service shall be performed hereunder unless the City shall have available funds previously appropriated to cover the cost thereof. 5. No function or service shall be performed hereunder by any County officer or department unless such function or service shall have been requested in writing by the City on order of the City Council thereof or such officer as it may designate and approved by the Board of Supervisors of the County, or such officer as it may designate, and each such service or function shall be performed at the times and under circumstances which do not interfere with the performance of regular County operations. 6. Whenever the County and City mutually agree as to the necessity for any such County officer or department to maintain administrative headquarters in the City, City shall furnish at its own cost and expense all necessary office space, furniture, and furnishings, office supplies, janitorial service, telephone, light, water, and other utilities, In all instances where special supplies, 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 administrative office is maintained in the City for any such County officer or department, such quarters may be used by the County officer or department in connection with the performance of its duties in territory outside the City and adjacent thereto provided, however, that the performance of such outside duties shall not be at any additional cost to the City. 7. All persons employed in the performance of such services and functions for the City shall be County employees, and no City employee as such shall be taken over by the County, and no person employed hereunder shall have any City pension, civil service, or other status or right. For the purpose of performing such services and functions, and for the purpose of giving official status to the performance hereof, every County officer and -2- employee engaged in performing any such service or function shall be deemed to be an officer or employee of said City while performing service for the City within the scope of this agreement. 8. City shall not be called upon to assume any liability for the direct payment of any salary, wages or other compensation to any County personnel performing services hereunder for the City, or any liability other than that provided for in this agreement. Except as herein otherwise specified, City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his employment. 9. The Assumption of Uability Agreement executed by the parties to this agreement, and approved by the Board of Supervisors on December 27, 1977 currently in effect is herebx made a part of and incorporated into this agreement as if set out in full herein unless said Assumption of Uability Agreement is expressly superseded by a subsequent agreement hereafter entered into between the parties hereto. 10. Each County officer or department performing any service for the City provided for herein shall keep reasonably itemized and in detail work or job records covering the cost of all services performed, including salary, wages and other compensation for labor; supervision and planning, plus overhead, the reasonable rental value of all COunty-owned machinery and equipment, rental paid for all rented machinery or equipment, together with the cost of an operator thereof when furnished with said machinery or equipment, the cost of all machinery and supplies furnished by the County, reasonable handling charges, and all additional items of expense incidental to the performance of such function or service. 11. All work done hereunder is subject to the limitations of the provisions of Section 23008 of the Government Code, and in accordance therewith, before any work -3- . , is done or services rendered pursuant hereto, an amount equal to the cost or an amount 10% in excess of the estimated cost must be reserved by the City from its funds to insure payment for work, services or materials provided hereunder. 12. The County shall render to City at the close of each calendar month an itemized invoice which covers all 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, the County is entitled to recover interest thereon. Said interest shall be at the rate of seven (7) percent per annum or any portion thereof calculated from the last day of the month in which the services were performed. 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. 14. This contract shall become effective on the date herein-above first mentioned and shall run for a period ending June 30, 1996, and at the option of the City Council of the City, with the consent of the Board of Supervisors of County, shall be renewable thereafter for an additional period of not to exceed five (5) years. 15. In event the City desires to renew this agreement for said five-year period, the City Councit shall not later than the tenth of May, 1996, notify the Board of Supervisors of County that it wishes to renew the same, whereupon the Board of Supervisors, not later than the last day of May,. 1996, shall notify the City Council in writing of its willingness to accept such renewal. Otherwise such agreement shall finally terminate at the end of the aforedescribed period. -4- , . Notwithstanding the provisions of this paragraph hereinabove set forth, the County may terminate this agreement at any time by giving thirty (30) days' prior written notice to the City. The City may terminate this agreement as of the first day of July of any year upon thirty (30) days' prior written notice to the County. 16. This agreement is designed to cover miscellaneous and sundry services which may be supplied by the County of Los Angeles and the various departments thereof. In event there now exists or there is hereafter adopted a specific contract between the City and the County with respect to specific services, such contract with respect to specific services shall be controlling as to the duties and obligations of the parties anything herein to the contrary notwithstanding, unless such special contract adopts the provisions hereof by reference. II II II II II II II II II II II II II II -5- >, ~' '. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be . , '..,. executed by their duly authorized officers. Executed this ~day of THE CITY OF VERNON City Clerk By x.. ~ ATTEST: ATTEST: LARRY J. MONTEILH Executive Officer/Clerk of the Board of Supervisors BYt;~<~ APPROVED AS TO FORM: ADOPTED 80ARLJ (;t ~:UfFRvr:oR'; COUNT' c); .I.l: .;..r't';. DEWITT W. CLINTON, County Counsel BY~}~ eputy 1 6 JUN 2,5 1991 "f' . c:J a. -II,,, ~. LARR~ J. IlIV..,uu, otCUT,V[ omcUl -6-