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HomeMy WebLinkAbout20. Adopt Ord Approving Renewal of a General Services Agrmt w-L.A. Countyitem r4o. APPROVED BY TO. HONORABLE MAYOR AND MEMBERS _ THE CITYCIL CITY MANAGER FROM: OFFICE OF THE CITY MANAGER 16tl* e DELFINO R. CONSUNJI, P.E., DIRECTOR OF PUBLIC KS/CITY GI_ E C-UBJECT: RENEWAL OF A GENERAL SERVICES AGREEMENT WITH THE COUNTY OF LO 1 That the City Council adopt: 1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE RENEWAL OF GENERAL AGREEMENT• OF LOSANGELES,a 2) Authorize the Mayor to execute the GSA with the County of Los Angeles in a form approved by the City Attorney.. • ON i] I-liel I Ri-111 Lei 0I On May 18, 2019, the City Council introduced an ordinance approving renewal of a General Services Agreement (GSA) with the County of Los Angeles. The existing GSA with the County of Los Angeles will expire on June 30, 2019. To ensure continuation of services and to add or augment services in the future, the City needs to renew the existing agreement for a five-year period, commencing on July 1, 2019 through June 30, 2024. GSA's have been executed between the County of Los Angeles and most cities within the County. The GSA is general in nature and simply authorizes the County to provide services as requested by the City. Services provided under the proposed GSA are performed on an "as -needed" basis and include street maintenance, prosecution of City ordinances, district assessment collection and a variety of Public Works services that include traffic signal, City -owned lighting (e.g.: downtown streets and City parking lots) and bridge maintenance; providing legal and recorded documents as well as other miscellaneous tasks. Fiscal Responsibility Efficiency & Adaptability Quality of Life, Infrastructure & Parks RENEWAL OF A GENERAL SERVICES AGREEMENT WITH L.A. COUNTY JUNE 11, 2019 PAGE 2 FISCAL IMPACT Mal a I IN I W a I lie -10 0 6 Rffns3 0- 0 UMP-MaTH M -o 0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE RENEWAL OF A GENERAL SERVICES AGREEMENT WITH THE COUNTY OF LOS ANGELES WHEREAS, General Services Agreements are general in nature and authorize Los Angeles County to provide miscellaneous services to the City on an "as -needed" basis; WHEREAS the services provided under the General Services Agreement include stre-f WL maintenance, prosecution of City ordinances, district assessment collection and a variety of Public Works services that include traffic signal, and bridge maintenance; providing legal and recorded documents as well as other miscellaneous tasks; 1- t =11111111! qmnil lm•�ml�r'I!11111m: WHEREASi the General Services Agreement has been renewed for a term exceeding ten (10) years, Section 518 of the City Charter requires that Agreement be adopted by Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY ORDAIN AS FOLLOWS: �gQJQ1J,f., The City Council of the City of Downey here y approves the renewal of the General Services Agreement between the County and the City attached hereto as Exhibit A for a five-year period from July 1, 2019 to June 30, 2024, and requests the Board of Supervisors to renew said Agreement subject to the terms and provisions thereof. a hL2, The Mayor of the City of Downey is hereby authorized to execute said Agreement on behalf of the City of Downey. �tQnI b&.Jj� The City Clerk shall certify to the adoption of this Ordinance and Cause the same to be published in the manner prescribed by law. SECTION 4� The City Clerk shall forward three original, signed copies to the Board Of Supervisors of Los Angeles County. APPROVED AND ADOPTED this . day of _j 2019. MARIA t DUARTE� CMC City Clerk IN RI 24--•111JUM111,11 Lviam STATE OF CALIFORNIA COUNTY OF LOS ANGELES) ss: CITY OF DOWNEY I HEREBY CERTIFY that the foregoing Ordinance No. 19- was introduced at a regular meeting of the City Council of the City of Downey held on fh—e28th day of May, 2019, and adopted at a regular meeting of the City Council of the City of Downey held on the 11th day of June, 2019, by the following vote, to wit: AYES: Council Members: NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member: I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. 19- 1 was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on 1 2019 (after introduction), and on , 2019 (after adoption, including the vote thereon). It was also posted in the regular posting places in the City of Downey on the same dates. MARIA ALICIA DUARTE, CIVIC City Clerk MMM igmy Ao��lzm reference only, June 1 � 2019, is made by and between the County of Los Angelea hereinafter referred to as the "County", and the City of Downey, hereinafter referred to as the "City." (a) The City is desirous of contracting with the County for the performance by its 1 110 C -Q -Z ,,,if "lid fi (b) The County is agreeable to performing such services on the terms and conditions hereinafter set forth. (c) Such • are authorized and provided • by the provisions • Section 561/2 of the Charter of the County of Los Angeles and Section 51300, et seq., of the 1 . The County agrees, through its officers, agents and employees, to perform 2. The City shall •. for such services as are provided • this Agreemer! 2t rates to be determined by the County Auditor -Controller in accordance with the gill" 111111 IIIIIIIlill ill�ilillIIililI IIIIIII III I IIIIIII IIIIIIIIIIII III 1111111111 1 1 These rates shall be readjusted by the County Auditor -Controller annually effective the first day of July of each year to refl e-ct the cost of such service in accordance with the policies and procedures for the determination of such rates as 1 -of 6 EXHIBIT A 3. No County agent, officer or department shall perform for said City any 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 -• 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 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 i 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 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 labors; 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. 11All work done hereunder is subject to the limitations of the provisions o Section 23008 of the Government Code, and in accordance therewith, before any work 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 hereun er. 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 4 of 6 withoutpayment 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 giving further notice to said City of •unty's intention to •:, 14. This Agreement shall become effective on the date herein -above first • -• • • •- •• - • • - /1 r _ - •• • • - Council of the City, with the consent of the Board of Supervisors of County, shall be 16. 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 2024, notify the Board of Supervisors of County that it wishes to renew the same, whereupon the Board of Supervisors,not later - last dayof 124, shall notify the City Council writing of its wi - llingness to accept such renewal. Otherwise such Agreement shall finally terminate at the - • of - aforedescribed period. Notwithstanding provisions • • . . • . • - - . •. - set - 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 ., /1111! 111 IT.11 n 1111- - cover16. This Agreement is designed to - -. and - Countywhich may be supplied by the - various departments =11TWTO a =08111117W =815=9 TM parties anything herein to the contrary notwithstanding, unless such special contracl 5 of 6 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to e executed by their duly authorized officers. Executed this day of 201 g By Y ette M. Abicb Garcia i ity tor. ty Attorney ATTEST: By Deputy CELIA ZAVALA Executive Officer/Clerk By Senior Deputy a i I A 22UWKZ�U r I - wmm��� w M•I By Senior Deputy By Mayor