The URL can be used to link to this page

Home My WebLink AboutC-2436t -r y p�iroR�' Kurt E. Floren Agricultural Commissioner Director of Weights and Measures March 12, 2009 The Honorable City Council City of Arcadia 240 West Huntington Drive Arcadia, CA 91007 1100—ZC) C14 C -2436 COUNTY OF LOS ANGELES Department of Agricultural Commissioner/ ouuu — N Weights and Measures Mq°„ 12300 Lower Azusa Road Richard K. lizuka Arcadia, California 91006 -5872 Chief Deputy http://ac mlacountygov Attention: Don Penman, City Manager Dear Mr. Penman: CITY 0FAROdalA MAR 18 2009 CITY COUA101, WEED ABATEMENT SERVICE AGREEMENT 74885, SUPPLEMENT NO. 1 On March 3, 2009, the Los Angeles County Board of Supervisors approved the enclosed agreement for weed abatement services. The term of the agreement is from July 1, 2009 through June 30, 2014. Thank you for the opportunity to continue to serve your city with our weed abatement program. Sincerely, RAYMOND B. SMITH Deputy Director/Bureau Chief Weed Hazard and Pest Management Bureau KEF:RKI:RBS:cm Enc. cc: James H. Barrows, City Clerk Richard Takata Adrian Zavala Protecting Consumers and the Environment Since 1881 To Enrich Lives Through Effective and Caring Service 74885 sunr,'emsntNo.�; No. 74885 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 the "County," and the CITY OF ARCADIA, hereinafter referred to as the "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 %2 of the Charter of the County of Los Angeles and California Government Code (Government Code) section 51301. THEREFORE, THE PARTIES AGREE AS FOLLOWS: 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. -1- 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 317.2.2- 317.2.3 being the same that applies in the unincorporated areas of the County of Los Angeles. 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 officers, agents, and employees. For the purpose of performing said functions, the County shall furnish and supply all necessary labor, supervision, equipment, and supplies necessary to maintain the level of service to be rendered hereunder. 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. 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 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 the City while performing services for the City, when services are within the scope of this agreement and are purely municipal functions. 6. The 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. -2- 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, 2009 through June 30, 2014. 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. 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 39571, 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. 10. 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. 11. 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. -3- 12. 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. 13. 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. 14. 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. // // 15. 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: Don Penman City Manager City of Arcadia 240 West Huntington Drive Arcadia, California 91007 -4- 74885 SLIppWont NO. 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 Clerk, 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. ATTEST: City Clerk Sachi A. Hamai, Executive Officer -C of the Board of Supervisors By puty APPROVED AS TO FORM BY COUNTY COUNSEL: RAYMOND G. FORTNER, JR. By t Deput CITY OF ARCADIA Mayor COUNTY OF S ANGELES By Z�'/' Chairman, Bard of Supervisor -5- 9 650 so' MAR 0 3 2009 i