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HomeMy Public PortalAbout08) 7E Agreement for Landscape and Grounds Maintenance Services with the County of LAAGENDA ITEM ?.E . PARKS AND RECREATION DEPARTMENT MEMORANDUM DATE : May2 1,2019 TO : The Honorable City Co unci l FROM : Bryan Cook, City Manager 01 By : Cathy Burroughs , Directo r of Parks and Recreat ion Di SUBJECT : APPROVAL OF AGREEMENT FOR LANDSCAPE AND G RO UNDS MAINTENANCE SERVICES BETWEEN TH E COUN TY O F LOS ANGELES AND THE CITY OF TEMPLE CITY RECOMM ENDATION : T he City Co unci l is re qu es ted to approve t he Agreement for Lan d scape and Grounds Maintenance Services (Agreement) (Attachment "A ") with Los Angeles County (Cou nty ) and authorize th e Ci ty Man ager to execute th e Agreeme nt. BACKGROUND: 1. Since 1966 , the City has provided landscape and grounds maintenance services f o r th e County library located at 5939 Go ld en West Avenue . 2. On June 17 , 20 14 , the City Counci l approved a five-year Agreement with the County effective July 1, 20 14 -June 30 , 20 19 . 3 . On May 7 , 2019, the County provided a draft five-year Agreement to the City , for th e period of J ul y 1, 2019-June 30, 2024 f or review and cons id e rat ion. ANALYSIS : For over 50 years, the County of Los Angeles has contracted with the City of Temple City to provide maintenance of the g rounds su rroundi ng the County l ib ra ry adjacent to Temple City Park . The current Agreement expires o n June 30 , 2019. The proposed five-year Agreemen t includes an in c rease of approxim ately 3% each year. Per the te rm s of th e Agreement, th e Cou nty wi l l pay to th e City a t otal of $23 ,787 over the five - year term . C ity Council May 21 ,2019 Page 2 of 2 CITY STRATEGIC GOALS: Approva l of the Agreement for Landscape and Grounds Ma intenance Services will furt her the City's Strategic Goa ls of Good Governance and Public Health and Safety. FISCAL IMPACT: T his item is not expected to have an impact on the Fiscal Year (FY) 2019 -20 City budget. Revenue has been accounted for in the Shared Maintenance Charge Account , 0 1-840- 35-3501 . ATTACHMENT: A. Agreement By and Between County of Los Angeles and City of Temple City for Lands cape and Groun ds Maintenance Services j • ATTACHMENT A Agreement No. PL-TPC-19 AGREEMENT BY AND BETWEEN COUNTY OF LOS ANGELES AND CITY OF TEMPLE CITY FOR LANDSCAPE AND GROUNDS MAINTENANCE SERVICES LANDSCAPE AND GROUDNS MAINTENANCE SERVICES AGREEMENT Between the COUNTY OF LOS ANG ELES , CALIFORNIA and the CITY OF TEMPLE CITY, CALIFORNIA This Agreement made and entered into this day of 20 by and between t he COUNTY OF LOS ANGE L ES , hereinafter referred to as "CO UNTY," and t he CITY OF TEMPLE C ITY, hereinafter referred to as "CITY". WHEREAS , t he COUNTY is desirous of contracting with the CITY fo r the mai ntena nce of the landscape grou nds of the County Library building located at 5939 Go ld e n West Ave nu e, Temple Ci ty; a nd WHEREAS , th e CITY is ag reeab le to performing such functions on the terms and cond itions hereinaft er set forth ; and WHEREAS , thi s Agreement is authorized by Title 1, Division 7 , Chapter 5 , (Sect ions 6502) of t he Government Code . NOW THEREFORE , in consideration of the mutual covenants , conditions and prom ises contai ned he rei n be low , it is mu t ua lly agreed by the parties hereto as follows : 1. In co nside rati on for maintena nce and services , t he COU NTY ag rees to pay to the C ITY t he tota l sum of twenty -three thousand , s e ve n hundred eighty -seven dolla rs ($23 ,787.00). The COU NTY wi l l make annual payments to the C ITY within 90 days of receipt of proper invoice from the CITY , a ccording to the followi ng schedule : Year 1: Year 2 : Year 3: Yea r 4 : Yea r 5: $4,480 .00 $4 ,615 .00 $4 ,753 .00 $4 ,896.00 $5 ,043.00 Routine plant replacement , and repairs to irrigation systems w ill be included as part of th is agreeme nt. Extra repairs requested due to vandalism , equ ipment replacement needed from wear and tear , or re-landscaping of the property , wi ll be billed as unanticipated work , based on time and materials, not to exceed 20% of th e annua l payment. All una nticipa ted work wi ll require prior wr itten approva l from the COUNTY . 2 . This Agreem e nt shall be for a five (5) year term commencing on July 1, 2019 or up on Board approva l, whichever is later, and will continue until June 30 , 2024. 3 . The C ITY sha ll maintain in a good and wo rk manlike manner the grounds of the Co unty Library , in accordance with Attachment A , said ma intenance to include , but not limited to, s it e in spectio n , litter control , mowing and edging turf areas, pruning of sh rub s, culti vat ion of flowe r beds , a pp lication of water, vanda li s m repa ir , furn is hing and apply in g ins ecti cides and ferti l izer , trimming and care of t rees , sweep ing of the entra nces and parking lots , and service to t he irrigation system . 4 . In the eve nt that the CITY is prevented from performing the g rounds mainte nan ce services for th e Library , the C ITY shall return to the COUNTY , the pro -rata portion of each annual payment prepaid by the COUNTY with such proration compu t ed on the basis of a 365 -day year any annual payment pre pa id by the CO UNTY . 5 . For th e purp ose of performin g sa id landscape and grounds maintenance , the C ITY s hall furnis h and supply al l necessary labor, supervision , equ ip me nt and supplies necessary to maintain the grounds at a level of appeara nce comparable to C ITY facilities . Such maintenance shall include the re nova ti on and seed ing of lawn areas at least once during the year, if necessary, a nd mainte nan ce of the spri nkler control system including sprink ler heads and risers. 6 . The CITY shall have the option to sub-contra ct for the grounds ma intenance of the grounds of the CO UNTY Library , w ith prior consent of the COUNTY and , as long as the gro und s are maintained in accordance w ith paragrap hs 3 and 5 of thi s Agreement and a ll indemnity and insurance requirements set forth below are met. 7 . The CO UNTY may replace , at its discretion , al l plants , shrubs , and t rees upon notification of s uc h need from t he CITY . Except as necessary to comp lete the obligations se t forth in paragraphs 3 and 5, the CITY shall not alter the landscape in any manner not otherwise provided for herein without the exp res s written consen t of the COUNTY. 8 . The CO UNTY shall not be cal led upon to assume any liabi l ity for the direct payme nt of any salaries, wages o r oth er compensation to any CITY personne l, sub-contractor or s ub -contractor's pe rsonnel performing services hereu nd er for the CO UNTY. 9. The Ass istant Director of Capita l Projects and Facilities Services for the LA Co unty Li brary and/or their designee located at 7400 E. Imperial Highway, Room 201 , Downey , CA 90242 , (562 ) 940 -4145 , will be the CO UNTY's Contract Coordinator. The Parks and Recreation Director of the City of T emple City and/or th eir designee located at 9701 Las Tunas Dr., Temple Cit y , CA 91780, (626) 285-2 171 , wi ll be the C ITY's Contract Coo rdinator. 10 . The C ITY sha ll indemn ify , defend a nd hold harmless the COUNTY , its Special Di stricts , its elected and appointed officers , and its employees , and agents f rom and against any and all liability , including but not li mited to demands , claims , actions , fees , costs , and expenses (including attorney and expert w itn ess fees ), aris in g from or connected with the C ITY'S acts and/or omissio ns arising from and/o r relating to thi s Agreement. If t he CITY should sub -contra ct a ll or any part of this landscape and grounds maintenance ~------- services Agre ement , th e CITY also shall require the sub-contra ctor to indemnify, defend and ho ld harml ess the COUNTY . 11 . Without limiting the C IT Y's indemnification of th e CO UNTY, and in the pe rformance of thi s Co ntra ct and until all of its o b ligations pursuant to this Contract have bee n met , th e C ITY shall prov ide and main ta i n i nsurance coverage satisfying the foll owin g requirements . The CITY shall bear the sole responsibility and lia b ilit y for furnishing Workers ' Compensation benefits to any CITY emp loyee for in juries arising from or connected with services performed at the request of or on beha lf of the C ITY . The CITY sha ll maintain general liabi li ty insurance with limi ts of not less than $1 million per occurrence and nam in g the COUNTY as an additiona l ins ured , auto liabi lity insurance with limits of not less than $1 millio n each accident , and workers co mp e nsation in sura nce includ i ng Emp loyers ' Liabil ity cove rage with limits of not less th a n $1 million . Such in s ura nce sha ll be primary and not co ntribut in g to a ny co mm e rcial o r sel f-in s urance programs maintained by th e CO UN TY and may be prov id ed by the CITY'S self-i nsuran ce program o r a combi nation of that program and other Insurance coverages . If th e C ITY sub-contracts all or any part of th is landscape and grounds maintenance serv ices Agreement , then the CITY shall require the sub-c on tra ctor to mai nta in the same types and limits of in s ura nce cove rage ou tl ined in this paragraph . 12 . Either party sha ll have th e ri g ht to ca nce l thi s Agreement at any tim e upon g iv i ng 30 days ' prior written notice . In the eve nt of such cancellation , the C ITY shall return to the CO UNTY (t he pro -rata portion of each annua l payment prepaid by th e COU NTY wi th s uch proration computed on the basis of a 365-day year). 13 . This Ag reem ent shall not be va lid and does not impose any obligation upon the CO UNTY unless and until funds are a pp rop ria ted by th e COUNTY for the purposes set fo rth he re in and the C ITY sha ll have no obligation under this Agreement if such funds a re not a ppro p riated . I I IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed upon the day and year first above written . ATTEST : By : ____________ _ City Cl e rk APPROVED AS TO FORM : By: ___________ _ City Attorney APPROVED AS TO FORM: MARY C . WICKHAM County Counsel By: ___________ _ Keever Rhodes Muir Deputy County Counse l CITY OF TEMPLE CITY: By: ____________ _ Mayor COUNTY OF LOS ANGELES By: ____________ _ Skye Patri ck County Librarian U :\Contracls\Oevelopment\OEVELOPMENT -CITY AGREEMENTS\ TEMPLE CITY -2019\Temple C11y Ubrary Landscape Agmt DRAFT 3-11-19.doc Attachment A LIBRARY MAINTENANCE SPECIFICATIONS The City of Temple City agrees to provide landscape and grounds maintenance service s at the Temple City Library, including trees , turf, landscape, and irrigat ion repair, in addition to 24-hour emergency services . The scope of services is described in detail below: Litter and Debris Removal/Clean-u p : All trash , debris , and dead plant materials shall be removed weekly . Special attention shall be given to the entries , courtyard , and the parking lot. The entryway to the library will be cleaned daily , and the lot will be swept weekly. All areas shall be maintained litter-free . Paved and hardscape areas shall be cleaned weekly . Mowing and Edging : All turf areas are to be mowed as often as necessary to maintain a consistent turf height of 2 inches. In normal circumstances the grass clippings need not be removed , but , when an excessive amount of cut grass is present, removal may be requested by the Director of Community Services . Selective Pruning and Care of Shrubbery and Plants : All shrubs shall be selectively pruned as to mainta in their natural form . Dead branches and foliage shall be removed, as thinning cuts only. Shrubs shall be pruned at least once per year or as needed to prevent sidewalk , street, and sign obstruction . Plants and other shrubs will be added or replaced as necessary to maintain an appearance similar to other City facilities . Th is includes planting and care of the planter located at the east entrance. Tree Trimm ing : Trees shall be trimmed to maintain sight visibility for pedestrian or vehicular traffic. Canopies shall be ma inta ine d at a height of eight (8') feet over sidewalks . Tree maintenance of the twenty-four (2 4 ) trees located on the county grounds is included and will follow the trimming cycles and standards in the City's Tree Management Program (every three years). Storm damage repair, replacement , or addition of trees is not included in this contract. Such serv ices may be provided upon request and will be billed as extra work . Groundcover Trimming : Groundcovers shall be pruned using pruning shears to create a soft line . Groundcovers are prohibited to grow past the face of the curb or more than three (3 ") inches onto sidewalks . Growth onto other shrubs , trees , walls , or other structures is not permitted . Weed Control : All landscape and non-landscaped areas shall be kept weed-free at all times . The term "weeds" applies to any undesirable vegetation growing within the right-of- way including cracks between the gutter and asphalt as well as the cracks in adjacent sidewalks . Chemical control by using herbicides and pre-emergent materials is permitted with proper County notification . Irrigation : Consistent maintenance of all areas for proper moisture levels based on the turf and/or plants needs at different times of the year . All irrigation shall be performed to ensure plant health and vigor. The entire irrigation syste m , includ ing the planters and all components from the point of connection at the meters to the sprinklers , shall be maintained in an operational state at all times . Repair of this equipment is included i n this ..-------------- contract. Repairs to the water mainlines feeding the meter, major irrigation renovat ion s and repair/replacement of the sprinkler controller will be billed as extra work . Fertilizer: Planters will receive three (3) applications of Gro-power (or equivalent) brand fertilizer at manufacturer's recommended rates (6-1 0-4 ). Appl ications shall occur in March , May and October. Insect . Disease and Rodent Control : The control of insects, plant diseases , and /or rodents is included . Use of Chemical : Any work involving the use of chemicals will be in compliance with a ll federal , state , and local laws and will be accompl ished by a Certified Applicator under the direction of a Licensed Pest Control Advisor (PCA). The City , in complying with the California Food and Agricultural Code, will provide a copy of a valid Pest Control Operator's License , a valid Pest Control Advisor's License , and a Qualified Applicator's License in the proper categories for the work to be done, or a copy of said licenses from a Subcontractor prior to using any and all applicable chemicals within the area (s ) to be maintained for the County. Special Requests : The courtyard will be cleaned once weekly. All other areas will be cleaned on a bi-monthly basis . U \Contracls\Developmeni\OEVELOPMENT ·CITY AGREEMENTS\ TEMP LE CITY · 2019\SOW • Allachmenl A· DRAFT 5-7-19 dOC