0012RESOLUTION NO. 12
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING
.HILLS, CALIFORNIA, AUTHORIZING EXECUTION OF A
GENERAL SERVICES AGREEMENT" PURSUANT TO SECTION 51-301
OF THE GOVERNMENT CODE OF THE.STATE OF CALIFORNIA.
WHEREAS., Section 51301 of the Government Code of the
State of California provides that "A Board of.Supervisors
may contract with a City governed under general laws or
charter, within the County, and the City Legislative Body
may contract with the County for the performance by its
appropriate officers and employees, of City functions"; and
%MREAS', the County of Los Angeles has indicated its
willingness to enter into an agreement providing-for*the
rendering by the County of services requested by resolution
of the City Council of the City of Rolling Hills., which
agreement shall be in theformsubmitted to this meeting,
under the.title"Agreement - General Services"; and
VYHEREASp the City Council of the City of Rolling Hills
finds that it will, from time to time, desiretosecure
services from the County. of Los Angeles;
It NOW.. THEREFORE, BE IT RESOLVED that,the-Mayor and the
City Clerk of the City of Rolling Hills be and they are
hereby authorized, empowered and directed, for and on be-
half'of said City of Rolling Hills, to execute an agree-
ment for-general'services in the form submitted to this
meeting to be effective -upon its execution and to continue
in effectft-o; Jun, e0
3 j 1960;
THAT the Mayor shall sign this resolution and the City
Clerk shall attest and certify to the passage and adoption
thereof and that there shall be attached to the permanent
file copy of this resolution a copy of the form of agree-
ment above referred to.
The City Clerk is directed to forward a certified copy
of this resolution to the Clerk of the Board of Supervisors.
1957. PASSED, APPROVED,AND ADOPTED THIS 24th day of January,
Mayor of fiie bity"Of Roiling
ATTEST:
Clerk
APPROVED AS TO FORM:
Attorney
W
Hills
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AGREEMENT -- GENERAL SERVICES
In computing the cost of the use of machinery and
equipment, the full cost to said County of rented machin-
ery and equipment and any operator furnished therewith,
and a reasonable rental rate on County -owned machinery
and equipment shall be included.
THIS AGREEMENT, made and entered into this 24th
day of January, 1957, by and between the COUNTY OF LOS
ANGELES, hereinafter referred to as. "County", and the
CITY OF ROLLING HILLS, hereinafter referred to as "City".
WITNESSETH:
That for and in consideration of the mutual promises
and covenants herein contained, and under authority of
Section 562 of the Charter of said County and of Article
I, Chapterl, Part 2, Division 1, Title 5 of the Govern-
ment Code, said County agrees, through its respective offi-
cers and departments, to perform all functions of said
City relating to or performed for said County by said
officers or departments respectively, as hereinafter pro-
vided for, except as to those services which are now or
may hereafter be made the subject of separate and special
contracts with the City and for which other provisions
CC
are in such contracts made.
The following terms and conditions shall govern the
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performance of all municipal functions performed here-
under:
1. By reason of the limitations upon the expenditure
of County funds provided for in Section 31 of Article IV
of the Constitution of the State of California, said City
shall pay to said County the entire cost to said County
of performing each such function, including salaries and
wages of all employees engaged therein, all supervision
over such employees while so employed, a prorate:.of•-all
departmental overhead, clerical work, office supplies,
depreciation on machinery and equipment, traveling
expenses, including mileage of employees, and all other
.cost and expense incidental to the performance of each
of such functions. The rate charged for overhead for
each department shall be computed from time to time and
revised accordingly, and thereafter charged at such re-
vised rate.
In computing the cost of the use of machinery and
equipment, the full cost to said County of rented machin-
ery and equipment and any operator furnished therewith,
and a reasonable rental rate on County -owned machinery
and equipment shall be included.
2. 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 said County.
3; No service -shall be performed hereunder unless
said City shall have available funds previously appro-
priated to cover the cost thereof.
4. 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 said City on order of the City Council thereof
and.approved by the Board of Supervisors of said County,
and each service or function shall be performed at the
times and under circumstances which do not interfere
with the performance of regular County operations.
5. Whenever the County and City mutually agree as
to the necessity for any such County officer or depart-
ment to maintain administrative headquarters in said
City,.said City shall furnish at its own cost and expense
all necessary office space, furniture, and furnishings,
office.supplies, janitor 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 said City, the same shall be
supplied by the City.
It is expressly understood that in the event a
local administrative office is maintained in said City
for any such County officer or .department, such quarters
may be used by said County officer or department in
connection with the performance of its duties in terri-
tory outside of said City and adjacent thereto, provided,
however, that,the performance of such outs-ide duties
shall not be at any additional cost to said City.
6. All persons employed in the performance of
such services and functions for said City shall be
County employees,. and 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 other status or right.
For.the purpose of performing such services and
functions and ,for the purpose of giving official status
to the performance thereof, every County officer and
employee engaged in performing any such service or func-
tion shall be deemed to be an officer or employee of
said City while performing service for said City within
the scope of.this agreement.
7. Said 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 said°City, or any
liability other than that provided for in this agree-
ment.
Except as herein otherwise specified, said City
shall not be liable for compensation or indemnity to
any County employee for injury or sickness arising out
of his employment.
8. Said County, its officers and employees, shall
not be deemed to assume any liability for the negligence
of said City, or of any officer or employee thereof,
nor for -any defective or dangerous condition of the
streets'or property of said City, and said City shall
hold said County and: its officers and employees harm-
less from, and shall defend said County and the officers
and employees thereof against; any claim for damages
resulting therefrom.
9:. Each County officer or department performing
any service for said 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,,super-
vision and planning, plus overhead, the reasonable
rental value of all -County -owned machinery and equip-
ment, rental paid for all rented machinery or equip-
ment', together with the cost of an operator thereof
when furnished with said machinery or equipment, the
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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.
10. All work done hereunder is subject to -the limita-
tions 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 County from the funds of the Cita.
If funds of the City in possession of the County are
at any time insufficient to enable a reservation by the
County as provided for by Section 23008, then City will
forthwith deposit sufficient money to enable compliance.
In the absence of such immediate deposit all obligation of
the County hereunder shall forthwith and without further
notice be terminated.
At the time of demand for services by the Council of the
11. This contract shall become effective on the date
hereinabove first mentioned and shall run for a period
ending June 30P 1960, and at the option of the City Council
of said City, with the consent of the Board of Supervisors
of said County, shall be renewable thereafter for an addi-
tional period of not to exceed five (5) years.
In event said City desires to renew this agreement
for said five-year period, the City Council, not later
than June 12 1960, shall notify the Board of Supervisors
of said County that it wishes to renew the same, where-
upon said Board of Supervisors, not later than the last day
of June 1960, shall notify said City Council in writing
of its willingness to accept such renewal. Otherwise such
agreement shall finally terminate at the end of the afore -
described period.
Notwithstanding the provisions of this paragraph
hereinabove set forth, either party may terminate this
agreement as of the first day of July of any year upon
notice in writing to the other party of not less than
two calendar months prior to the date of such termination.
12. 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 exist or there is hereafter adopted a specific
City there shall be deposited those moneys necessitated by
the provisions of Section 23008. In event the services re-
quested are of a continuing nature, such deposits shall be
sufficient if the same are in an amount 10% in excess of
the estimated cost of one monthts services.
Each county officer or department performing any ser-
vice hereunder shall render to said City at the close of each
calendar month an itemized statement covering all services
performed during said month, and said City shall pay County
therefor within ten days after receipt of such statement.
If such payment is not received by the County within ten
days after rendition of billing, County may satisfy such
indebtedness from those -funds on deposit without giving
further notice to City of County's intention to so do. If
funds on deposit are as a consequence insufficient to sat-
isfy the requirements of Section -230089 the same shall be
immediately replenished by the City.
11. This contract shall become effective on the date
hereinabove first mentioned and shall run for a period
ending June 30P 1960, and at the option of the City Council
of said City, with the consent of the Board of Supervisors
of said County, shall be renewable thereafter for an addi-
tional period of not to exceed five (5) years.
In event said City desires to renew this agreement
for said five-year period, the City Council, not later
than June 12 1960, shall notify the Board of Supervisors
of said County that it wishes to renew the same, where-
upon said Board of Supervisors, not later than the last day
of June 1960, shall notify said City Council in writing
of its willingness to accept such renewal. Otherwise such
agreement shall finally terminate at the end of the afore -
described period.
Notwithstanding the provisions of this paragraph
hereinabove set forth, either party may terminate this
agreement as of the first day of July of any year upon
notice in writing to the other party of not less than
two calendar months prior to the date of such termination.
12. 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 exist or there is hereafter adopted a specific
MY
contract;,betv;een;,yth®Y?.City and the County with respect to
specific services, such contract with respect to specific
services shall be controlling as to the duties and obliga-
tions of the parties anything herein to the contrary not-
withstanding, unless such special contract adopts the pro-
visions hereof by reference.
IN 'WITNESS `WHEREOF, said County :has, by order of its
Board of Supervisors, caused these presents to be'sub-
scribed by the Chairman of said Board and the seal of said
Board to be affixed thereto, and attested by the clerk of
said Board, and said City has caused these presents to be
subscribed by its Mayor and the seal of said City to be
affixed thereto and attested by the City Clerk of. said
City, on the day and year first above written.
ATTEST:
a
City. Clerk'
ATTEST:
Harold J. Ostly, County
Clerk and ex officio Clerk
of the Board of Supervisors
CITY OF RO HIL
COUNTY OF LOS ANGELES
By
Chairman, Board ' of 'Supervi cors
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