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HomeMy WebLinkAboutCounty Weed Abatement - 20041 2 3 AGREEMENT 4 WEED ABATEMENT 5 THIS AGREEMENT, dated for purposes of reference only July 1, 2004 is made by and between 6 the County of Los Angeles, hereinafter referred to as "County, " and the CITY OF ARCADIA hereinafter 7 referred to as "City." 8 RECITALS: 9 (a) The City is desirous of contracting with the County for the performance of weed abatement 10 functions within its boundaries on unimproved properties, by the County of Los Angeles, acting through 11 its Agricultural Commissioner /Director of Weights and Measures. 12 (b) The County is agreeable to rendering such weed abatement services on the terms and conditions 13 hereinafter set forth. 14 (c) Such contracts are authorized and provided for by the provisions of Section 56 '/z of the Charter 15 of the County of Los Angeles and Article 1, Chapter 1, Part 2, Division 1, Title 5 of the Government 16 Code. 17 THEREFORE, THE PARTIES AGREE AS FOLLOWS: 18 1. The County agrees, through the Agricultural Commissioner /Director of Weights and 19 Measures, to provide weed abatement services within the corporate limits of the City in accordance with 20 the provisions of Article 2, Chapter 13, Part 2, Division 3, Title 4 of the Government Code, being 21 Sections 39560 through 39588 thereof. 22 Such services shall encompass the weed abatement duties and functions of the type coming within 23 the jurisdiction of and customarily rendered by the Agricultural Commissioner /Weights and Measures 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Department of the County of Los Angeles under the Charter of said 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 Coinmissioner /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 in the County. 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 with the following exceptions: 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 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 2 I performing services for said City, which services are within the scope of this agreement and are purely 2 municipal functions. 3 5. City shall not be called upon to assume any liability for the direct payment of any salaries, 4 wages, or other compensation to any County personnel performing services hereunder for said County, 5 or any liability other than that provided for in this agreement. 6 Except as herein otherwise specified, the City shall not be liable for compensation and /or 7 indemnification to any County employee for any injury or sickness arising out of their employment. 8 6. The parties hereto have executed an Assumption of Liability Agreement approved by the Board 9 of Supervisors on December 27, 1977 and /or a Joint Indemnity Agreement approved by the Board of 10 Supervisors on October 8, 1991. Whichever of these documents the City has signed later in time is 11 currently in effect and is hereby made a part of an incorporated into this agreement as if set out in full 12 herein. In the event that the Board of Supervisors later approves a revised Joint Indemnity Agreement and 13 the City executes the revised agreement, the subsequent agreement as of its effective date shall supersede 14 the agreement previously in effect between the parties hereto. 15 7. Unless sooner terminated as provided for herein, this agreement shall be effective July 1, 2004 16 and shall extend to June 30, 2009 At the option of the City Council of said City, with the consent of the 17 Board of Supervisors of said County, this agreement shall be renewable for successive periods not to 18 exceed five (5) years. 19 In the event City desires to renew this agreement for any succeeding five -year period, the City 20 Council, not later than December 30, 2008, shall notify the Board of Supervisors of County that it wishes 21 to renew the same, whereupon said Board of Supervisors, _not later than July 1, 2009, shall notify said 22 City Council in writing of its willingness to accept such renewal for an additional five -year period or such 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 other term as it deems advisable, otherwise such agreement shall finally terminate at the end of such five- year period. 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 upon thirty (30) days prior written notice to the City. 8. Notwithstanding anything to the contrary herein contained, this contract shall be sooner terminated upon the failure of the City to adopt a resolution declaring that weeds upon parcels of property located within said City to be a public nuisance as provided for in Section 39571 of the Government Code. 9. 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 Article 2, Chapter 13, Part 2, Division 3, Title 4 of the Government Code, and that the City Council of said City shall perform the duties of the legislative body as set forth in said article. 10. For and in consideration of the rendition of the foregoing services by the County, City agrees that the costs of abating such weeds shall be assessed in the manner set forth in Article 2, Chapter 13, Part 2, Division 3, Title 4 of the Government Code, and that upon collection of such assessment, they will be paid over to the County. 11. 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. 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, M 1 2 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 By — �%� ayor APPROVED AS TO FORM: x° 4� Stephen P. Deitsch City Attorney, City of Arcadia ATTEST: B City Cle VIOLET VARONA- LUKENS, Executive Officer Clerk of the Board of Supervisors Im Deputy APPROVED AS TO FORM: LLOYD W. PELLMAN, County Counsel Im Deputy COUNTY OF LOS ANGELES Lm Chair, Board of Supervisors RNU5YRAG.FRM 5