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HomeMy WebLinkAboutC-4185 e COUNTY:NTY OF LOS ANGELES Department of • .: ; ' •• .-lgrirultural Contrnissionrr>' � �. • +r,►o.+n�• R fighand ts .Mfeasuns Kurt F. Floren 12300 Lamm Azusa Road AQr+curura Commissioner Arcadia California 91006-5872 Richard K.Hzuka Director of IVerontz and 1Jeaaures 'atom iarou►sn dor Chet Deputy June 10, 2014 ADOPTED BOARD OF SUPERVISORS COUNTY OF LOS ANGELES The Honorable Board of Supervisors 56 June 10, 2014 County of Los Angeles 383 Kenneth Hahn Hall of Administration Gti 500 West Temple Street SACHI A HAMAI Los Angeles, California 90012 EXECUTIVE OFFICER Dear Supervisors: APPROVAL OF WEED ABATEMENT FIVE YEAR RENEWAL SERVICE AGREEMENTS WITH THE CITY OF ARCADIA (FIFTH DISTRICT) (3-VOTES) SUBJECT The Department of Agricultural Commissioner/Weights and Measures (ACWM) provides weed abatement services for fire prevention as requested by various cities throughout Los Angeles County. Approval of the attached agreement will allow ACWM to provide the weed abatement services for the City of Arcadia upon City request at no net County cost. IT IS RECOMMENDED THAT THE BOARD: 1. Approve renewal of Weed Abatement Service Renewal Agreement with the City of Arcadia for weed abatement services for the period of July 1, 2014, through June 30, 2019. 2. Instruct the Chair to sign the Renewal Agreements. PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION The purpose of the above action will enable the ACWM to continue to provide weed abatement services for fire prevention as requested by the City of Arcadia pursuant to the terms of the County's Weed Abatement Agreement from July 1, 2014, through June 30, 2019. Implementation of Strategic Plan Goals Weed Abatement Service Agreements support the County's Strategic Plan Goals of Operational Effectiveness (Goal 1) and Integrated Services Delivery (Goal 3). The Honorable Board of Supervisors 6/10/2014 Page 2 The timely removal of hazardous weeds, brush, and rubbish for fire prevention improves the quality of life for residents of contract cities. FISCAL IMPACT/FINANCING Services provided by the ACWM are 100% recoverable through property tax assessments, liens and direct billings. The County will be reimbursed for its expenditures at rates developed and adjusted annually by the ACWM and reviewed by the Auditor-Controller pursuant to statutory limitations. FACTS AND PROVISIONS/LEGAL REQUIREMENTS The terms of the Agreement shall be for a period of five (5) years from July 1, 2014, through June 30, 2019. The Agreement has been reviewed by County Counsel and is approved as to form. IMPACT ON CURRENT SERVICES (OR PROJECTS) Not applicable. Respectfully submitted, KURT E. FLOREN Agricultural Commissioner, Director of Weights and Measures KEF:RBS:fm Enclosures c: Chief Executive Officer County Counsel Executive Officer, Board of Supervisors Auditor-Controller Of Los. c STATEMENT OF PROCEEDINGS FOR THE + REGULAR MEETING OF THE BOARD OF SUPERVISORS Jr, /,h OF THE COUNTY OF LOS ANGELES HELD IN ROOM 381B OF THE KENNETH HAHN HALL OF ADMINISTRATION 500 WEST TEMPLE STREET, LOS ANGELES, CALIFORNIA 90012 Tuesday,June 10, 2014 9:30 AM 56. Recommendation: Approve and instruct the Chairman to sign the renewal agreement with the City of Arcadia (5) for the Department of Agricultural Commissioner/Weights and Measures to provide weed abatement services for fire prevention, for the period of July 1, 2014, through June 30, 2019, at no Net County Cost since services are 100% recoverable through property tax liens and direct billings. (Department of Agricultural Commissioner/Weights and Measures) (14-2492) On motion of Supervisor Yaroslaysky, seconded by Supervisor Ridley-Thomas, this item was approved. Ayes: 5 - Supervisor Molina, Supervisor Ridley-Thomas, Supervisor Yaroslaysky, Supervisor Antonovich and Supervisor Knabe Agreement No. 74885, Supplement 1 The foregoing is a fair statement of the proceedings for the meeting held June 10, 2014, by the Board of Supervisors of the County of Los Angeles and ex officio the governing body of all other special assessment and taxing districts, agencies and authorities for which said Board so acts. ,�ort los ce. rt Sachi A. Hamai, Executive Officer Executive Officer-Clerk + +•1� G of the Board of Supervisors r. C4IffOltiO 41/11-.„ By :.LE K QF TNF RD OF ...,UPERV,SOr By D ,Deputy ( 7 4 8 8 5 Supp'ement tJa. WEED ABATEMENT SERVICE AGREEMENT THIS AGREEMENT,dated upon execution by both parties is made by and between the County of Los Angeles,hereinafter referred to as "County," and the CITY OF ARCADIA, hereinafter referred to as "City." RECITALS: (a) The City is desirous of contracting with the County for the performance of weed abatement functions within its boundaries on unimproved and designated improved properties by the County of Los Angeles,acting through its Agricultural Commissioner/Director of Weights and Measures. (b) The County is agreeable to rendering such weed abatement services on the terms and conditions hereinafter set forth. (c) Such contracts are authorized and provided for by the provisions of Section 56 ''A of the Charter of the County of Los Angeles and California Government Code(Government Code) section 51301. THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The County agrees,through the Agricultural Commissioner/Director of Weights and Measures,to provide weed abatement services within the corporate limits of the City in accordance with the provisions of Government Code sections 39560 through 39588. Such services shall encompass the weed abatement duties and functions of the type coming within the jurisdiction of and customarily rendered by the Agricultural Commissioner/Weights and Measures Department of the County of Los Angeles under the Charter of County and the statutes of the State of California. The level of service shall be the same basic level of weed abatement service that is and shall be hereinafter during the term of this agreement provided for in the unincorporated areas of the County of Los Angeles by said Agricultural Commissioner/Director of Weights and Measures. The County shall have the discretion to terminate services on tax default parcels. The rendition of such services, the standard of performance,and other matters incidental to the performance of such services, and the control of personnel so employed shall remain at the discretion of the County. The standard for hazardous vegetation clearance shall be equivalent to the Los Angeles County Fire Code, sections 325.2.1 and 325.2.2 being the same that applies in the unincorporated areas of the County of Los Angeles unless some other standard is requested by the City in writing. 2. To facilitate the performance of said functions, it is hereby agreed that the County shall have full cooperation and assistance from the City Council and other City officer, agents, and employees. 3. For the purpose of performing said functions,County shall furnish and supply all necessary labor, supervision,equipment,and supplies necessary to maintain the level of service to be rendered hereunder. 4. The County shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted, except that the County may subcontract specialized equipment and/or services pursuant to County procurement procedures using a competitive bidding process. 5. 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 any status or right. For the purpose of performing such services and functions,and for the purpose of giving official status to the performance thereof where necessary,every County officer and employee engaged in the performance of any service hereunder shall be deemed to be an officer or employee of said City while performing services for said City,which services are within the scope of this agreement and are purely municipal functions. 6. City shall not be called upon to assume any liability for the direct payment of any salaries,wages,or other compensation to any County personnel performing services hereunder for the County, or any liability other than that provided for in this agreement. Except as herein otherwise specified, the City shall not be liable for compensation and/or indemnification to any County employee for any injury or sickness arising out of their employment. 7. 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 is hereby made a part of and incorporated into this agreement as if 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. The City understands and agrees that the fire protection indemnity provided in the Government Code sections 850 and 850.2 applies to the County for work pursuant to this agreement. 8. Unless sooner terminated as provided for herein,this agreement shall be effective commencing July 1, 2014 through June 30,2019. Notwithstanding the provisions of this paragraph hereinbefore set forth,the City may terminate this agreement as of the thirty-first day of December of any year upon notice in writing to the County on or before September 30 of the same year. The County may terminate this agreement at any time and for any reason upon thirty(30)days prior written notice to the City. 9. The City,acting through its City Council, will perform the necessary functions required of the legislative body to which is referred in Government Code section 39560 through 39588, as they relate to the execution of this Agreement. 10. If the City fails to adopt a resolution declaring that weeds upon parcels of property located within the City to be a public nuisance pursuant to Government Code section 39561, then the County shall have no obligation to carry out its duties under this agreement until such year that the City does adopt such resolution, unless the City's failure occurs in the final year of this agreement, which shall mean the agreement terminates. 11. It is the intent of this agreement that the Agricultural Commissioner/Director of Weights and Measures of the County shall constitute the public officer designated by the City Council to perform the duties imposed by Government Code section 39560(a),and that the City Council of said City shall perform the duties of the legislative body as set forth in said section. 12. For and in consideration of the rendition of the foregoing services by the County, the City agrees that the costs of abating such weeds shall be assessed in the manner set forth in Government Code sections 39573 to 39585, and that upon collection of such assessments,they will be paid over to the County. 13. Each parcel, except tax-exempt parcels,upon which weeds, brush or rubbish are declared to be a public nuisance pursuant to paragraph 9 of this agreement shall be assessed the current Board of Supervisors approved inspection fee whether or not it was necessary to perform abatement work upon the parcel. 14. The parties hereto contemplate that the services of the County are limited to weed abatement work and agree that such services are for no other or additional work. 15. This agreement contains the entire agreement between the County and the City for weed abatement services. This agreement may not be modified except by formal amendment executed by the duly authorized representatives of the parties hereto. 16. Notices regarding this agreement shall be addressed as follows: COUNTY: Raymond B. Smith Deputy Director Los Angeles County Department of Agricultural Commissioner/ Weights&Measures 12300 Lower Azusa Road Arcadia,California 91006-5872 CITY: Gene Glasco Office of the City Clerk City of Arcadia 240 W Huntington Dr Arcadia, California 91007 IN WITNESS HEREOF, the CITY OF ARCADIA, by motion duly adopted by its City Council, caused this agreement to be signed by its Mayor and attested by its CIerk, and the County of Los Angeles, by order of its Board of Supervisors,has caused these presents to be subscribed by the Chair of said Board and seal of said Board to be affixed thereto and attested by the Clerk of the Board. CITY OF ARCADIA / A� By /LA.4 L/ . 1 May, COUNTY •,r LOS ANGELE , By 41 .. 4_.... T Chairman, Los Angeles County ATTEST• d fir, Y � ci los fi B �, • J� �,y;z E-._k,MFCity Clek u0 �`�s Sachi A. Hamai, Executive Officer + a( '' EI c iJ Cler the Board of Supervisors t ,{ ' Y 111 By CAllFORIAP Deputy ADOPTED APPROVED AS TO FORM "'cO°Q JOHN KRATTLI # 5 JUN 1 2014 County Counsel By ../ Ci- SACN1 A.HAMAIL EXECUTIVE OFFICER , Deputy