CC RES 1973-008 RESOLUTION NO. 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES CONCERNING PERFORMANCE OF CERTAIN
GENERAL SERVICES TO AND FOR THE CITY OF RANCHO PALOS
VERDES BY THE COUNTY OF LOS ANGELES AND AUTHORIZING
THE EXECUTION OF A CONTRACT RELATING THERETO
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES RESOLVE AS
FOLLOWS :
Section 1. The Mayor of the City of Rancho Palos Verdes is
hereby authorized to execute, for and in behalf of the City of Rancho
Palos Verdes, a contract with the County of Los Angeles providing for
performance of general services to and for the City of Rancho Palos
Verdes by the County of Los Angeles, a true and correct copy of which
said contract is affixed hereto and reference to which is hereby made.
PASSED, APPROVED and ADOPTED this 7th day of September, 1973.
/ 42t.
MAYOR
ATTEST:
AO! s;
C / Y CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) ss.
CITY OF RANCHO PALOS VERDES
I, Marilyn R. Cortina, City Clerk of the City of Rancho Palos
Verdes, California, do hereby certify that the whole number of members
of the City Council of said City is five; that the foregoing resolution,
being Resolution No. 8 , was duly and regularly adopted by the City
Council of said City at a regular meeting thereof , duly and regularly
held on the 7th day of September, 1973 , and that the same was so passed
and adopted by the following vote:
AYES: COUNCILMEN: Buerk, Dyda, Ruth, Ryan and Ryan.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: None.
I ;/
it Clef , Rancho Palos Verdes
California.
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AGREEMENT GENERAL. SERVICES
THIS AGREEMENT, made and entered into this 7th. - day of
September , 1973, by and between the COUNTY OF LOS ANGELES,
hereinafter referred to as "County, " and the CITY OF RANCHO PALOS VERDES
hereinafter referred to as "City. "
WITNES SE 1 R:
That for and in consideration of the mutual promises and cove--
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nants herein contained, and under authority of Section 563- of the
Charter of said County and of Article I, Chapter 1, Part 2, Division
1, Title 5 of the Government Code, said_ County agrees, through its
respective officers and departments, to perform all functions of -
said City relating to or performed for said County by said officers
or departments, respectively, as hereinafter provided for, except
as to those services which are now or may be hereafter be made the
subject of separate and special contracts with the City and for
which other provisions are in such contracts made.
. The following terms and conditions shall govern the performance
of all municipal functions performed hereunder:
1. By reason of the limitations upon the expenditure of County
funds provided for in Section 25 of Article XIII of the Constitution
of the State of California, said City shall pay to said County the
entire cost to said County of performing .each such function,
-including salaries and wages of all employees engaged therein, all
- - --supervision over such employees while so employed, prorate of all
departmental overhead, clerical work, office supplies, depreciation
of Machinery and equipment, traveling expenses, including mileage
of employees, and all other cost and expense incidental to the
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. performance of each of such functions. The rate charged for each
function shall- b e recomputed annually and revised accordingly, and
thereafter charged at such revised rate. . .
In computing the cost of the use of machinery and equipment,
the full cost to said County of rented machinery and equipment and
any operator furnished therewith, and a reasonable rental rate on
County-owned machinery and equipment shall be included.
2. 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 said County.
3. No service shall be performed hereunder unless said City
shall have available funds previously appropriated to cover the
cost thereof. = -
4. 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 said City on order of the City
. Council thereof or such officer as it may designate and approved
-------T by -the Board of Supervisors of said County, or such officer as it
may designate, and each such service or function shall be p erforled
at the times and under circumstances which do not interfere with
the performance of regular County operations. •
5. Whenever the County and City mutually agree as to the
necessity for any such County officer or department to maintain
administrative headquarters in said City, said City' shall furnish
at its own cost and expense all necessary office space, furniture,
and furnishings, office supplies, janitor service, telephone, light,
water, and other utilities. In all instances were special supplies,
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. stationery, notices, forms and the like must be issued in the name
of said City, the same shall be supplied by the City.
It is expressly understood that in the event a: local adminis-
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trative office is maintained in said City for any such County officer
or department, such quarters may be used by said County officer or
department in connection with the performance of its duties in
territory outside of said City and adjacent thereto, provided, how-
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ever, that the performance of such outside duties shall not be at
any additional cost- to said City. _
6. All persons employed in the performance of such services
and functions for said City shall be County employees, and no City
employee as such shall be taken over by . said 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 thereof,
every County officer and employee engaged in performing any such
. -service or function shall be deemed to be an officer or employee of
said City while perf orming service for said City within the scope
of this agreement. _
Said City shall not be called upon to assume any' liability
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for the direct payment of any salary, wages, or other compensation
to any County personnel performing services hereunder for said City,
or any liability other than that provided for in this agreement.
__.__ Except as herein otherwise specified, said City shall not be
liable for compensation or indemnity to any County employee for .
injury or sickness arising out of his employment .
8. Said County, its officers and employees, shall . not be
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deemed to assume any liability for the negligence of said City, or
of any officer or employee thereof, nor for any defective or danger-
ous condition of the streets or property of said City, and said City
shall hold said County and its officers and employees harmless from,
and shall defend said County and the officers and employees thereof
against any claim for damages resulting therefrom. This paragraph
shall not apply to any claim arising out of a public work constructed
prior to the date of incorporation, unless subsequent acts of the
• City or its officers or employees were the actual and proximate
cause of the injuries or damages on which the claim is based.
9 . Each County officer or department performing any service
for said City provided for herein shall keep reasonably itemized and
in detail work or job records covering the cost of all services per-
formed, 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.
10 . 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 insure payment for work, services or materials provided
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hereunder.
Each County officer or department performing any service here-
. under shall render to said City at the close of each calendar month
an itemized statement covering all services performed during said
month, and said City shall pay County therefore within 20 days after
receipt of such statement. If such payment is not received by the
County within 30. days after rendition of billing, County may satisfy
such indebtedness from any funds of the. City on deposit with the
County without giving further notice to City of County's intention
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to do so.
11 . This contract shall run for a period ending June 30 , 1978 ,
and at the option of the City Council of said City, with the consent
of the Board of Supervisors of said County, shall be renewable there-
after for an additional period of not to exceed five (5) years.
In event said City desires to renew this agreement for said
five-year period, the City Council shall not later than the tenth
of May, 1978, notify the Board of Supervisors of said County that
it wishes to renew the same, whereupon said Board of Supervisors ,
not later than the last day of May, 1978 , shall notify said 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 hereinabove
set forth, either party may terminate this agreement as of the
first day of July of any year upon notice in writing to the other
partyof not less than two calendar months prior to the date of such
termination.
12 . This agreement is designed to cover miscellaneous and
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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' here in to the contrary not-
withstanding, unless such special contract adopts the provisions here-
of by reference. .
IN WITNESS WHEREOF, said County has, by order of its Board of
Supervisors, caused these presents to be subscribed by the Chairman
of said Board and the seal of said Board to be affixed thereto, and
attested by the Clerk of said Board, and said City has caused these
presents to be subscribed by its Mayor and the seal of said City to
be affixed thereto and attested by the City Clerk of said City, on the
day and year first above written.
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CITY OF RANCHO PALOS VERDES
A,
By Al.
•TTEST : ayor
Pat,
401 City C erk
COUNTY OF LOS ANGELES
By
ATTEST : Chairman, Board of Supervisors
JAMES S . MI ZE , Executive Officer-
Clerk of the Board of Supervisors
By
Deputy
APPROVED AS TO FORM:
JOHN D . MAHARG
COUNTY COUNSEL
By
Deputy
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