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HomeMy WebLinkAboutRenewal of LA County Weed Abatement Agreement to 2004of Los q O ALIFOPN�P Cato R. Fiksdal Agricultural Commissioner/ Director of Weights and Measures September 3, 2003 The Honorable Mayor Gary A. Kovacic City of Arcadia 240 W. Huntington Drive Arcadia, CA 91007 Dear Mayor Kovacic: Robert G. Atkins Chief Deputy ,aoffY4 4 �1. 11 RENEWAL OF FIVE YEAR WEED ABATEMENT SERVICES AGREEMENT We wish to inform you that the Services Agreement (SA) between your City and the County of Los Angeles Agricultural Commissioner/ Weights and Measures Department expires on June 30, 2004. In our belief that the County's Weed Abatement program continues to be of significant mutual benefit to the County and the participating city, we are submitting the 2004/2009 Services Agreement for your City's approval. We have added the following provision on page 2, lines 14 through 17 of the contract, "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." We would appreciate your review and your Council's approval of the renewal agreement on or before November 26, 2003. This will allow us sufficient time to recommend approval by the Board of Supervisors prior to the current contract's expiration. Please return three original signed copies of the renewing SA to: Raymond B. Smith, Bureau Chief Agricultural Commissioner /Weights & Measures Department Weed Hazard and Pest Management Bureau 12300 Lower Azusa Road Arcadia, CA 91006 -5872 Protecting Consumers and the Environment since 1881 COUNTY OF LOS ANGELES Department of Agricultural Commissioner and Weights and Measures 12300 Lower Azusa Road Arcadia, California 91006 -5872 httI).11ac)vm.co.1a.ca.us The Honorable Mayor Gary A. Kovacic September 3, 2003 Page 2 If the November 26, 2003 deadline cannot be met or if you have any questions about this year's renewal process, please call Corina Monsivaiz of my staff at (626) 575 -5487. It is our goal to continue to provide your city with a weed abatement program which fulfills all the statutory requirements and needs of your city. Thank you for your assistance in this matter. Sincerely, CATO Agricu: Directc KAYMUND B. NM111 - i Bureau Chief Weed Hazard and Pest Management Bureau CRF:RBS:cm CITYRES /Rnu SyrAgArcadi a. wpd Enclosure cc: County Counsel Chief Administrative Office City File 1 2 3 AGREEMENT 4 WEED ABATEMENT 5 6 THIS AGREEMENT, dated for purposes of reference only JULY 1. 1999 is made by and between 7 the County of Los Angeles, hereinafter referred to as "County," and the CITY OF ARCADIA hereinafter 8 referred to as "City." 9 10 RECITALS: 11 (a) The City is desirous of contracting with the County for the performance of weed abatement 12 functions within its boundaries on unimproved and improved properties, by the County of Los Angeles, 13 acting through its Agricultural Commissioner /Director of Weights and Measures. 14 (b) The County is agreeable to rendering such weed abatement services on the terms and conditions 15 hereinafter set forth. 16 (c) Such contracts are authorized and provided for by the provisions of Section 56 1/2 of the 17 Charter of the County of Los Angeles and Article 1, Chapter 1, Part 2, Division 1, Title 5 of the 18 Government Code. 19 20 THEREFORE, THE PARTIES AGREE AS FOLLOWS: 21 1. The County agrees, through the Agricultural Commissioner /Director of Weights and 22 Measures, to provide weed abatement services within the corporate limits of the City in accordance with 23 the provisions of Article 2, Chapter 13, Part 2, Division 3, Title 4 of the Government Code, being 24 Sections 39560 through 39588 thereof. 25 /lI 1 1 2 Such services shall encompass the weed abatement duties and functions of the type coming within 3 the jurisdiction of and customarily rendered by the Agricultural Commissioner /Weights and Measures 4 Department of the County of Los Angeles under the Charter of said County and the statutes of the State 5 of California. 6 The level of service shall be the same basic level of weed abatement service only that is and shall 7 be hereinafter during the term of this agreement provided for incorporated areas of the County of Los 8 Angeles by said Agricultural Commissioner /Director of Weights and Measures. 9 The County shall have the discretion to terminate services on tax default parcels. 10 The rendition of such services, the standard of performance, and other matters incidental to the 11 performance of such services, and the control of personnel so employed shall remain in the County. 12 2. To facilitate the performance of said functions, it is hereby agreed that the County shall, 13 full cooperation and assistance from the City Council and other City officer, agents, and employees. 14 3. For the purpose of performing said functions, County shall furnish and supply all necessary 15 labor, supervision, equipment, and supplies necessary to maintain the level of service to be rendered 16 hereunder. 17 4. All persons employed in the performance of such services and functions for said City shall be 18 County Employees, and no City Employee as such shall be taken over by said County, and no person 19 employed hereunder shall have any City pension, civil service, or any status or right. 20 For the purpose of performing such services and functions, and for the purpose of giving official 21 status to the performance thereof where necessary, every County officer and employee engaged in the 22 performance of any service hereunder shall be deemed to be an officer or employee of said City while 23 performing services for said City, which services are within the scope of this agreement and are purely 24 municipal functions. 2 1 5. City shall not be called upon to assume any Iiability for the direct payment of any salaries, 2 wages, or other compensation to any County personnel performing services hereunder for said County, 3 or any liability other than that provided for in this agreement. 4 Except as herein otherwise specified, the City shall not be liable for compensation or indemnity 5 to any County employee for injury or sickness arising out of his employment. 6 6. The Assumption of Liability agreement executed by the parties to this agreement and approved 7 by the Board of Supervisors on December 27, 1977, currently in effect is hereby made a part of and 8 incorporated into this agreement as if set out in full herein unless said assumption of Liability agreement 9 is expressly superseded by subsequent agreement hereafter entered into between the parties hereto. 10 7. Unless sooner terminated as provided for herein, this agreement shall be effective July 1. 1999 11 and shall extend to June 30, 2004 At the option of the City Council of said City, with the consent of the 12 Board of Supervisors of said County, this agreement shall be renewable for successive periods no to 13 exceed five (5) years each. 14 In the event City desires to renew this agreement for any succeeding five -year period, the City 15 Council, not later than December 30 next preceding the expiration date of this agreement, notify the Board 16 of Supervisors of County that it wishes to renew the same, whereupon said Board of Supervisors, not later 17 than the first day of July, shall notify said City Council in writing of its willingness to accept such renewal 18 for an additional five -year period or such other term as it deems advisable, otherwise such agreement shall 19 finally terminate at the end of such five -year period. 20 Notwithstanding the provisions of this paragraph hereinbefore set forth, the City may terminate 21 this agreement as of the thirty -first day of December of any year upon notice in writing to the County on 22 or before November 30 of the same year. The County may terminate this agreement at any time upon 23 thirty (30) days prior written notice to the City. 24 3 1 S. Notwithstanding rthing to the contrary herein contain. , this contract shall be sooner 2 terminated upon the failure of the City to adopt a resolution declaring that weeds upon parcels of property 3 located within said City to be a public nuisance as provided for in Section 39571 of the Government Code. 4 9. It is the intent of this agreement that the Agricultural Commissioner /Director of Weights and 5 Measures of the County shall constitute the public officer designated by the city council to perform the 6 duties imposed by Article 2, Chapter 13, Part 2, Division 3, Title 4 of the Government Code, and that 7 the City Council of said City shall perform the duties of the legislative boy as set forth in said article. 8 10. For and in consideration of the rendition of the foregoing services by the County, City agrees 9 that the costs of abating such weeds shall be assessed in the manner set forth in Article 2, Chapter 13, Part 10 2, Division 3, Title 4 of the Government Code, and that upon collection of such assessment, they will be 11 paid over to the County. 12 11. The parties hereto contemplate that the services of the County are limited to weed abatement 13 work and agree that such services are for no other or additional work. 14 16 17 Ill 18 19 20 21 22 23 24 4 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 IN WITNESS HERE , the CITY OF ARCADIA by motion, �lv 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 Chairman of said Board and seal of said Board to be affixed thereto and attested by the Clerk of the Board. CITY OF ARCADIA By— 1 Mayor COUNTY OF LOS ANGELES C Chair, Board of Supervisors ATTEST: By , 4 City CI JOANNE STURGES, Executive Officer Clerk of the Board of Supervisors C Deputy APPROVED AS TO FORM: LLOYD W. PELLMAN, County Counsel I: Deputy �� ROVED AS TO FORMI; �,ppRD A TO F M � 0v Miller 9ia City Attorney RNU5YRAG.FRM L