CONTRACT 3449 Service Agreement3449 * t52'76
GENERAL SERVICES AGREEMENT
THIS AGREEMENT, dated for purposes of reference only, June 18, 2005,
is made by and between the County of Los Angeles, hereinafter referred to as the
"County ", and the City of El Segundo, 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'/2 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 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.
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3. 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 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 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 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 officer or department, such quarters may be
used by the County 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.
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7. All persons employed in the performance of such services and functions
for the City shall be County 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 officer and
employee engaged in performing any such service or function shall be deemed to be an
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 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.
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10. Each County 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 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
insure 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
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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
without giving further notice to said City of County's intention to do so.
14. This contract shall become effective on the date herein -above first
mentioned and shall run for a period ending June 30, 2010, 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 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 2010, 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 2010, 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 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.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officers.
Executed this
r
City Clerk
day of M CA6Q , 2005.
The City of Ei Segundo
M
THE COUNTY OF LOS ANGELES
By. I �. I By
Deputi-) Chair, Board of Supervisors
ATTEST:
VIOLET VARONA- LUKENS
Executive Officer /Clerk
of the Board of Supervisors
i,v)
qD •
APPROVED AS TO FORM:
RAYMOND G. FORTNER, JR.
County Counsel
B
Y
Deputy
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ADOrTED
BOARD OF SUPERVISORS
COUNTY OF LOS ANGF.LF`-
# 2 3 MAR 2 9 2005
VAIA��
vIEXECUS VE OF CER -LENS