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HomeMy Public PortalAbout09) 7E Renewal of General Services Agreement with the County of LAAGENDA ITEM 7.E. COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: March 15,2016 TO: The Hon orable City Counci l FROM : Bryan Cook , City Manager By: Mi cha el D. Forbes , Community Development Director ~ SUBJECT: RENEWAL OF GENERAL SERVICES AGREEMENT WITH THE COUNTY OF LOS ANGELES RECOMMENDATION : Th e City Council is reque sted t o : 1. Adopt Resolution No . 16 -5153 (Atta chment "A ") approving the renewal of the Genera l Services Agreement (GSA) between the C ity and the County of Los Angeles (Atta chment "B"); and 2 . Authorize the Mayor and City Manag er to sig n and execu te the agreement. BACKGROUND: 1. On May 3 , 2011 , the City Co uncil adopted Reso lu tion No . 11 -4 7 42 to renew the GSA between th e Ci ty and the County of Los Ange les . The GSA is effective for a five-year period from July 1, 2011 , through June 30 , 2016 . 2. On Ja nuary 2 8 , 20 16 , the City received a new GSA fro m th e County for cons ide ration by th e City Co un cil , to be effective for another five -y ear period f rom July 1, 2016 , through June 30 , 202 1, with an option to extend for an additional five years . ANALYSIS: The GSA is th e document that authorizes th e County to perform a variety of services for the City . The GSA does not itse lf req uest or a utho rize any specific services , but provides the fra mework through wh ich services are provided . The City requests various serv ices from th e County o n an o ngoin g or as-needed ba sis as appropriate . Services provided through the GSA i nc lude but are not l im ite d to traffic signal and street lig ht mainte nan ce and repair, poth o le p at ching and street repair , sidewalk in spection and repa ir, a nd storm drain m a int ena nce. Th e County is also avai lable to provide eq uipme nt City Council March 15 , 2016 Page 2 and personnel to address emergency situations such as power failures and storm events . Law enforcement services provided by the Los Angeles County Sherriff's Department are provided through a separate agreement and not governed by the GSA. To continue receiving services from the County after June 30 , 2016 , the City must approve and execute the renewed agreement for an additional five-year period through June 30 , 202 1. The GSA inc ludes a prov ision for an optional five-year extension through June 30 , 2026 , subject to City Council approval in 2021 . While staff does not anticipate a need to cancel the GSA, th e City has the right to terminate the agreement effective July 1 of any year with 30 days ' prior written notice . CITY STRATEGIC GOALS: Approving the renewal of the GSA with the County will further the City Strategic Goals of Good Governance, Publ ic Health and Safety, Quality of Life , and Sustainable Infrastructure by ensuring that the City can continue to rely on the County to provide various infrastructure maintenance and repair services. FISCAL IMPACT: The GSA itself does not establish any fees for services . The City is subject to the fees in place at the time the service is performed . Such fees are revised annually by the County Auditor-Controller to reflect the cost of providi ng the services . City staff works closely with County staff to understand the fees for all of the services provided and ensure that adequate funding is requested through the City Budget each year. The Fiscal Year (FY) 2015-16 City Budget includes the necessary funds to provide services this year , and appropriate funds will be requested in the proposed FY 2016-17 City Budget. ATTACHMENTS: A. Resolution No. 16-5153 B. General Services Agreement ATTACHMENT A RESOLUTION NO. 16-5153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY APPROVING AND AUTHORIZING THE RENEWAL OF THE GENERAL SERVICES AGREEMENT WITH THE COUNTY OF LOS ANGELES The City Council of the City of Temple City hereby resolves as follows: SECTION 1. The renewa l of the General SeNices Agreement between the City of Temp le C ity and the County of Los Angeles is hereby approved , to be effective for the five-year period commencing July 1, 2016 and ending June 30 , 2021 . SECTION 2. The Mayor and City Manager are hereby authorized to sign the General SeNices Agreement and take other actions as may be necessary to execute said agreement. SECTION 3. The City Clerk shall cert ify to the passage and adopt ion of this Resolution and shall forward a cert ified copy of this Resolution to the County of Los Angeles . PASSED, APPROVED, AND ADOPTED on this 15th day of March , 2016 . ATTEST: Peggy Kuo , C ity Clerk STATE OF CALIFORNIA) COUNTY OF LOS ANGELES ) ss CITY OF TEMPLE CITY) Mayor APPROVED AS TO FORM : Eric S . Vail , City Attorney 1 hereby certify that the foregoing resolution , Resolution No. 16-5153 , was duly passed, approved , and adopted by the City Council of the City of Temple City at a regular meeting held on the 15th day of March , 2016 , by the follow i ng vote : AYES : NOES : ABSENT : ABSTAIN : Councilmember- Councilmember- Councilmember- Councilmember- Peggy Kuo , City Clerk ATTACHMENT 8 GEN ERAL SERVICES AGREEMENT TH IS GEN ERAL SER VIC ES AGREEMENT ("Agreement "), dated for purposes of reference only , June 1, 2016, is made by and between the County of Los Angeles, he re inafter referred to as the "Coun ty", and the Ci t y of T emple City, hereinafter ref erred to as the "City." RECITAL S : (a) The City is desirous of contracting with th e County for the performance by its appropriate office rs and employees o f City functions. (b) T he County is agreeable to performing such services o n the terms and conditions here inafter se t f orth. (c) Such co ntra ct s are au thorized and provide d for by the prov i sions of Section 56 Y2 of the Charte r of the Coun ty of Los Angeles and Se cti on 51300 , et seq., of the Government Code . THEREFORE , THE PARTIES MUTU ALLY AG REE AS FOLLOWS : 1. The County agrees , through it s officers, agen t s a nd employees , to perfo rm tho se City fun ctions, which are hereinafter provided for. 2. Th e Ci ty shall pay fo r s uch services as are provided unde r th is Agreemen t at rates to be dete rm ined by the County Auditor-Controller in acco rd ance with the policies and proce dures established by th e Board of S up ervisors. Th ese rates s hall be readjusted by the Co unty Auditor-Cont rolle r annually effective th e f irst day of Jul y of each year to reflec t the cos t of suc h service i n accordance with the policies and procedu res for the determination of such rates as adopted by the Boa rd of Supervisors o f County. 1 of 6 3. No Co u nty agent, officer or department shall perform for said City any fu n ction 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 fu nction or service shall be performed h ereunder by any County agent, officer or department u nless suc h fu nction or serv ice s hall 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 fun ction shall be performed at the times and under circumsta nces which do no t int erfere with the perfo rmance of regular County operations. 6 . Whenever the County and City mutually agree as to the necess ity for any such County 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 , jani torial service , te lephone, light, water, and other utilities . In all insta nces where special supplies, stationery , notices , forms and the li ke 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 adminis trative office is mai n tained in the C ity for any s uch Co u nt y officer or departm ent , s uc h q uarters may be used by the Coun ty 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. 2 of 6 7. All person s employed in th e performance of such services and functions fo r th e City shal l be Co unt y agent, offi ce r or employee, and no Ci ty emp loyee as suc h shall be taken ove r by th e County, and no person e mpl oyed hereu nd e r shall have any City pension , civi l service , or other status or right. For the purpose of performing such se rvi ces and function s, and for the purpose of giving official status to the performance hereof, every County agent, officer a nd e mpl oyee e ngag ed in performing any suc h service o r function s hal l be deemed to be an age nt , officer o r employee of said Cit y while perfo rm ing service fo r th e Ci t y wi thin 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 compe nsa tion to any Co un ty personne l performing services hereunder for the City , or any liability other than that provided for in this agreement. Except as herein otherwise specified , th e City sha ll not be liable for co m pensation o r indem nity to any Co unty employee fo r injury or sickness arising out of his or her employme nt. 9 . T he parti es hereto have executed an Assumption of Liability Agreeme nt approved by the Board of Superv isors o n December 27, 1977 and/or a Joint Indemnity Agreement approved by the Board of Supervisors on October 8 , 199 1. Whichever of these documents the City has signed later in time is cu rr entl y in effect and hereby made a part o f and in co rporated in to this ag reement as se t ou t in full herei n . In th e eve nt th at the Board of Su pe rvi sors la t er approves a revised Joint Indemnity Agreement and the Ci ty executes the revised agreement, the subsequen t agreement as of it s effective date shall supersede the ag reement previously in effect between th e parties hereto . 3 of 6 10 . Each County agent, officer or department performing any service for the Ci t y provided for herein shall keep reas o nably it emized and in detail work or job records covering the cos t of all services performed , inclu din g salary, wages and other co mpensation for labor; supervision a nd planning, plus overhead, the reasonable rental value of all County-owned machinery and equipment , rental paid for all rented machinery or equip m ent , together with the cost of an operator thereof when furnished with said machine ry or equ ipment , the cos t of all mac hinery and supp lies furnished by the County , reaso nab le handling cha rges , and all addit ion al items of expense incidenta l to the performance of such function o r service. 11 . All work done hereunde r is subj ect to the limitati ons of the provisio ns of Section 23008 of the Government Code, and in acco rdance therewith, before any work is d one or services rend e red pu rsua nt hereto, a n amount eq ual to the cost or an amou nt 10% in excess of the estimated cos t must be reserved by the Ci ty from its funds to insure payment for work , serv ices o r materials provided hereunder. 12 . The County shall render to t he Ci ty at the close of each ca lendar month an itemized invoi ce w hi ch covers all se rvi ces performed during said month, and the City shall pay County therefore wi thin th irty (30) days afte r date of said invoice. If su c h payment is no t delivered t o the Coun ty office wh ic h is described on said invo ice w it hin thirty (30) days after the date of the invoice, the County is entitled to recover interest th e reon . Said interest shall be at the rate of seven (7) percent per a nnum or a ny po rtion th ereof calc ulat ed from th e las t day of the mon t h in which the services were perfo rm ed . 13 . Notwithstanding th e provisions of Government Code Se ction 907 , if such payment is no t delivered to t he Cou nt y office which is described on said invoice within 4 of 6 thirty (30) days after th e date of the invoice, th e County may satisfy such indebtedness, including interest thereon . from a ny funds of any such City on deposit with the County without giving furt her notice to said City of County's in tention to do so . 14. Th is Agreement shall become effective on the date herein-above first ment io ned and sha ll run for a period ending June 30 , 2021 , and at the option of the City Council o f the City, with the consen t of the Board of Supervisors of County, shall be rene wable thereafter for an additional period of not to exceed five (5) yea rs. 15 . In the event the City desires to renew this Agreement for said five-year period , the City Council shall not later th an the last day of May 2021 , notify the Board of Supervisors of County that it w is hes to renew the same, whereupon the Board of Supervisors , not later than the last day of June 2021, shall notify the City Council in writing of its willing ness to accept such renewal. Otherwise such Agreement shall finally terminate at the end of the aforedesc ri bed period . Notwithstanding t he p rovisions of th is parag raph herein-above set forth , the County may termi nat e this Agreeme nt at any time by giv in g thirty (30) days' prior written no t ice to the City . The City may te rm inate this Agreement as of the first day of July of any year upon thirty (30) days' prio r writt en notice to the County. 16 . This Agreement is designed to cover miscellaneous and sundry services which may be supplied by the Co unty of Los Angeles and the vario us departments thereof. In the event there now exis t s or there is hereafter adopted a spec ific contrac t between the City and the County with respect to specific services , such contract wi t h respect to spec ific services shall be controlli ng as to the duties and obligations of t he parties anything h erein to the contrary notwithstanding , unless such special con tract adopts the provision s hereof by reference . 5 of 6 IN WI T NESS WHEREOF , the parties hereto have c aused this Agreement to be execute d by their duly authorized officers . Executed th is ______ day of __________ 2016 . ATTEST: City Clerk B y ___________ __ Deputy ATIEST: PATRICK OGAWA Acting Execu tive O fficer/Clerk of t he Board of Supervisors By ______________________ _ D eputy APPROVED AS TO FORM : MARY C . W ICKHAM County Counsel B y ___________ _ Deputy The Ci ty of Temple City, By _____________ _ Mayo r THE COUNTY OF LOS ANGELES By ____________ _ C h ai r, Board of Supervisors 6 of 6