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Resolution No. 2021-007RESOLUTION NO. 2021-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APROVING AND AUTHORIZING 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 FROM JULY 1, 2021 TO JUNE 30, 2026 SECTION 1. Recitals. A. On April 5, 2011, the City Council adopted Resolution No. 2011 -58 approving and authorizing the execution of a public works General Services Agreement GSA”) between the City of Vernon and the County of Los Angeles (the “County”) for a five (5) year period from July 1, 2011 to June 30, 2016. B. On May 3, 2016, the City Council, via minute order, approved and authorized the renewal of the GSA for a five (5) year period from July 1, 2006 to June 30, 2021. C. By memorandum dated April 6, 2021, the Director of Public Works has recommended that the City execute a new GSA with the County for a five (5) year period, commencing July 1, 2021 through June 30, 2026, to cover miscellaneous public works services which may be requested by the City on an “as needed” basis , including but not limited to, bridge design and maintenance, traffic signal timing, predatory animal control, prosecution of city ordinances, and direct assessment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 3. The City Council hereby approves the General Services Agreement with the County of Los Angeles, in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 4. The City Council hereby authorizes the Mayor or Mayor Pro-Tem to execute the Agreement for, and on behalf of, the City of Vernon and the City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 5. The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any non - substantive changes to the Agreement attached herein. DocuSign Envelope ID: 97DFBFBD-7076-49EE-8DEE-F06F1A9E525E Resolution No. 2021-07 Page 2 of 8 SECTION 6. The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk’s designee, to return by April 30, 2021, three signed originals of the Agreement and a certified copy of this resolution to: Intergovernmental and External Affairs Chief Executive Office 723 Kenneth Hahn Hall of Administration 500 West Temple Street Los Angeles, CA 90012 Attention: Patricia Carbajal, Manager – Government Relations SECTION 7. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. APPROVED AND ADOPTED this 6th day of April, 2021. LETICIA LOPEZ, Mayor ATTEST: LISA POPE, City Clerk seal) APPROVED AS TO FORM: ARNOLD M. ALVAREZ-GLASMAN, Interim City Attorney I CERTIFY THAT THE FOREGOING RESOLUTION NO. 2021-07 was passed and adopted by the City Council of the City of Vernon at the regular meeting on April 6, 2021 by the following vote: AYES: 5 Council Members: Davis, Gonzales, Menke, Ybarra, Lopez NOES: 0 ABSENT: 0 ABSTAIN: 0 LISA POPE, City Clerk seal) DocuSign Envelope ID: 97DFBFBD-7076-49EE-8DEE-F06F1A9E525E GENERAL SERVICES AGREEMENT THIS GENERAL SERVICES AGREEMENT ("Agreement"), dated for purposes of reference only, June 1, 2021, 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 56½ 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, agents 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 rates as adopted by the Board of Supervisors of County. 3.No County agent, officer or department shall perform for said City any Resolution No. 2021-07 Page 3 of 8 DocuSign Envelope ID: 97DFBFBD-7076-49EE-8DEE-F06F1A9E525E function not coming within the scope of the duties of such agent, 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 agent, 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 agent, officer or department to maintain administrative headquarters in the City, the 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 agent, officer or department, such quarters may be used by the County agent, 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 Resolution No. 2021-07 Page 4 of 8 DocuSign Envelope ID: 97DFBFBD-7076-49EE-8DEE-F06F1A9E525E the City shall be County agents, officers or 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 agent, officer and employee engaged in performing any such service or function shall be deemed to be an agent, officer or employee of said City while performing service for the City within the scope of this agreement. 8. The 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, the City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his or her employment. 9. The parties hereto have executed an Assumption of Liability Agreement approved by the Board of Supervisors on December 27, 1977 and/or a Joint Indemnity Agreement approved by the Board of Supervisors on October 8, 1991. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this agreement as set out in full herein. In the event that the Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date shall supersede the agreement previously in effect between the parties hereto. 10. Each County agent, officer or department performing any service for the Resolution No. 2021-07 Page 5 of 8 DocuSign Envelope ID: 97DFBFBD-7076-49EE-8DEE-F06F1A9E525E 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 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 ensure payment for work, services or materials provided hereunder. 12. The County shall render to the City at the close of each calendar month an itemized invoice which covers all services performed during said month, and the 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. Notwithstanding the provisions of Government Code Section 907, 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, Resolution No. 2021-07 Page 6 of 8 DocuSign Envelope ID: 97DFBFBD-7076-49EE-8DEE-F06F1A9E525E 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 Agreement shall become effective on the date herein-above first mentioned and shall run for a period ending June 30, 2026, 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 the event the City desires to renew this Agreement for said five-year period, the City Council shall not later than the last day of May 2026, 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 June 2026, 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. Notwithstanding the provisions of this paragraph herein-above 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 the 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. Resolution No. 2021-07 Page 7 of 8 DocuSign Envelope ID: 97DFBFBD-7076-49EE-8DEE-F06F1A9E525E IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers. Executed this _____________day of ________________________2021. The City of Vernon, By _____________________________ Mayor ATTEST: City Clerk THE COUNTY OF LOS ANGELES By_____________________________ By_____________________________ Chair, Board of Supervisors ATTEST: CELIA ZAVALA Executive Officer/Clerk of the Board of Supervisors By_____________________________ Deputy APPROVED AS TO FORM: RODRIGO CASTRO-SILVA County Counsel By ___________________________ Senior Deputy Resolution No. 2021-07 Page 8 of 8 DocuSign Envelope ID: 97DFBFBD-7076-49EE-8DEE-F06F1A9E525E City Council Agenda Item Report Agenda Item No. COV-549-2021 Submitted by: Lissette Melendez Submitting Department: Public Works Meeting Date: April 6, 2021 SUBJECT General Services Agreement with the County of Los Angeles Recommendation: Adopt Resolution No. 2021-07 approving and authorizing 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 from July 1, 2021 to June 30, 2026. Background: The General Services Agreement between the County of Los Angeles and the City of Vernon was approved by the City Council under Resolution No. 2011-58 and was renewed via Council approval on May 3, 2016. The current agreement will expire on June 30, 2021. The County of Los Angeles may occasionally perform various public works related services for the City under a General Services Agreement. Examples of miscellaneous public works services that may be requested by the City on an as-needed, time-limited basis that are covered under this General Services Agreement include, but are not limited to, bridge design and maintenance, traffic signal timing, predatory animal control, prosecution of city ordinances, and direct assessment collection. The County of Los Angeles has prepared the new General Services Agreement. The Public Works Department recommends that this proposed agreement be renewed for a five-year period commencing July 1, 2021 through June 30, 2026. The City Attorney’s office has reviewed and approved the General Services Agreement. The County of Los Angeles and the City of Vernon entered into an Assumption of Liability Agreement dated November 14, 1977 (attached) and a Joint Indemnity Agreement dated October 22, 1991 attached) as referenced in the General Services Agreement. Additionally, the new General Services Agreement allows the City of Vernon to augment the services provided by the County of Los Angeles in the future as needs evolve. Fiscal Impact: The Public Works Department has budgeted $15,000 in the proposed budget for Fiscal Year 2021/2022 for various Los Angeles County provided public works services. Attachments: 1. Resolution No. 2021-07 Rev. 6/2017 (Check one and attach supporting documentation) SIGNATURE ROUTING FORM CONTRACTOR: County of Los Angeles CONTRACT PURPOSE: Various public works services and miscellaneous services as requested by the City of Vernon. CONTRACT IS: □ FEDERAL □ PREVAILING WAGE □ COMPETITIVE SELECTION & NOTICED RFP □ COMPETITIVE BID & NOTICED INVITATION TO BID □ EXEMPT FROM COMPETITIVE PROCESS (APPROVAL ATTACHED) □ SERVICES □ MATERIALS □ BUDGETED □ NOT BUDGETED TOTAL CONTRACT VALUE: $ 15,000 Charge Acct. No(s): 011.1043.595200 Amendment Value $ □ Contract is an Amendment to Eden Contract No._____ (if applicable) RESPONSIBLE DEPARTMENT PERSON: Jazmine Hooks PHONE: ext. 321 AUTHORIZATION: □ Approved by Council on _4/6/21__ Resolution No. 2021-07 (if applicable) □ Approved by City Administrator on □ Approved by Finance Director on ROUTING SEQUENCE: (Please Follow In Order) Initials Date (1) Responsible Department Person Certifies compliance with Competitive Bidding and Purchasing Ordinance, ______ ______ obtains approval from City Council/City Administrator/Finance Director, and obtains approval as to form from the City Attorney’s Office, assembles two (2) originals of contract, obtains proper signatures from contractor/consultant pursuant to the signature requirements, obtains insurance & bond documents, notifies IT to remove related RFP/bid notice from the City’s website (if applicable), enters contract into Eden once routing process is complete. (2) Liability and Claims Approves insurance and sureties, if bonds required. (3) Finance (Purchasing) Checks compliance with Competitive Bidding & Living Wage Ordinances and reflected in current budget. (4) City Attorney Approves contract as to form. (5) City Signatory Signs document on behalf of City. (6) City Clerk Attests signatures, numbers and files contract, enters contract documents (executed contract, supporting documentation, insurance and bonds, etc.) into Laserfiche, transmits duplicate original to contractor/consultant, notifies Responsible Department Person, and notifies any “consultant” of duties to file Form 700, if applicable. DocuSign Envelope ID: 51855D26-9561-4DAE-82FD-4EEA712AFC8B 4/13/2021 4/14/2021 4/14/2021 4/14/2021 4/19/2021 4/21/2021 GENERAL SERVICES AGREEMENT THIS GENERAL SERVICES AGREEMENT ("Agreement"), dated for purposes of reference only, June 1, 2021, 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 56'/z 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, agents 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 rates as adopted by the Board of Supervisors of County. 3. No County agent, officer or department shall perform for said City any 1 of 6 DocuSign Envelope ID: 51855D26-9561-4DAE-82FD-4EEA712AFC8B function not coming within the scope of the duties of such agent, 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 agent, 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 agent, officer or department to maintain administrative headquarters in the City, the 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 ofFce is maintained in the City for any such County agent, officer or department, such quarters may be used by the County agent, 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 2 of 6 DocuSign Envelope ID: 51855D26-9561-4DAE-82FD-4EEA712AFC8B the City shall be County agents, officers or 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 agent, officer and employee engaged in performing any such service or function shall be deemed to be an agent, officer or employee of said City while performing service for the City within the scope of this agreement. 8. The 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, the City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his or her employment. 9. The parties hereto have executed an Assumption of Liability Agreement approved by the Board of Supervisors on December 27, 1977 and/or a Joint Indemnity Agreement approved by the Board of Supervisors on October 8, 1991. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this agreement as set out in full herein. In the event that the Board of Supervisors later approves a revised Joint Indemnity Agreement and the City executes the revised agreement, the subsequent agreement as of its effective date shall supersede the agreement previously in effect between the parties hereto. 10. Each County agent, officer or department performing any service for the 3 of 6 DocuSign Envelope ID: 51855D26-9561-4DAE-82FD-4EEA712AFC8B 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 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 ensure payment for work, services or materials provided hereunder. 12. The County shall render to the City at the close of each calendar month an itemized invoice which covers all services performed during said month, and the 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. Notwithstanding the provisions of Government Code Section 907, 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, 4 of 6 DocuSign Envelope ID: 51855D26-9561-4DAE-82FD-4EEA712AFC8B 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 Agreement shall become effective on the date herein-above first mentioned and shall run for a period ending June 30, 2026, 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 the event the City desires to renew this Agreement for said five-year period, the City Council shall not later than the last day of May 2026, 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 June 2026, 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. Notwithstanding the provisions of this paragraph herein-above 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 the 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. 5 of 6 DocuSign Envelope ID: 51855D26-9561-4DAE-82FD-4EEA712AFC8B