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0104 � � � • • � RESOLUTION N0. 104 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HI.LLS, CALIFORNIA, AUTHORIZING EXECUTION OF A "GENERAL SERVICES AGREEMENT" " PURSUANT TO SECTION 51301 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 g�overned 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 employe.e.s., of Ci.ty func.ti.ons" ; and. WHEREAS, 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 �t�� City Council of the City of Rolling Hills,. which agreement shall be in the form submitted to this meeting, under the title "Agreement - Gener.al Services" ; and � WHEREAS; the City Council of the City of Rolling Hills finds that it will, from time to time, desire to secure • �,,. services fram the County of Los Angeles ; � ° `� - - ' NOW, THEREFORE, BE �IT� RESOLyED that the Ma.yor and the City Clerk of the City of Rolling Hills be and they are hereby authorized, empowered and directed, for and on behalf of said City of Rolling Hill� to execute an agreement for general services in the form submitted to this meeting to be effective upon its execution and to continue in effect to June 30, 1965; `�I�T 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 qf this resolution a copy of the form of agreement above referred to. ` � � � � The C'ity Clerk is direeted to. forward a certified copy of this resolution to the Clerk of the Board of Supervisors . � PASSED, APPROVED, AND ADOPTED this 12th day of September, 1960. . r a , \�j„��t.J� Mayor of the City of Rolling Hills � ATT T: . � City Clerk � PROVED� AS TO 0 - ir. ar. , _ • � ._ � ;;; City Attorney STATE OF CALIFORNIA ) . ) ss COUNTY 'OF LOS ANGELES ) I, GILBERT B. MYERS, �City Clerk of the Cit,y of Rolling d � Hills, do hereby certify that the foregoing Resolution, being < Resolution No. 104, was passed and adopted by the Ci.ty Council of the City of Rolling Hills, California, signed by the Mayor of said City and attested by the City Clerk, all at a regular meeting thereof held on the 12th day of September, 1960, and that the same was passed and adopted by the f ollowing vote, to-wit: � . AYES COUNCILMEN � William G. Horn � Joseph 0'Flaherty , � T. B. Roach, Jr. � Fred I. Tourtelot Ma.yor Vi�o G. Nielsen NOES None ABSENT None � , City Clerk �. � � . AGREEMENT - GENERAL SERVICES • THIS AGREEMENT; made .and enter.ed into this 12th day _of September, T960, by and between .the� COUNTY OF LOS ANGELES, � hereinafter referred .to as ;"Courity, and the CITY` OF' ROLLING HILLS, hereinafter referre�d to as "City" . � " - . � , ' . ' . .WITNESSETH: _ That for and in consideration of the mutual promises and � covenarit's� herein: c.ontaine�d`, and �under �authority of Section 56 2 . of the. Gharter �of said County and of Artic•le I, Ghapter 1, " ' Part 2, Division 1;� Title 5 of the .Government�: Code, Sa�a�. co�ty agrees, through its 'respective officers� and departments, to � perform all functions �of said City re.lating to or performed for � � said County'by said' officers � or departmen_ts, respectively, as . � hereinafter provided for, except as to �those services �which are � � now or` may �be . hereafter be made the �subject of"� separate and speci'al c:ontra'cts with•• the City and �for wliich other provisions � are�. in' such �contract�s ma.de: . � � The following terms �and� conditions shall govern the ; performance of all °municipal �funetions pereformed hereunder: ' , .� 1. �By reason of the limi�tations��upon 'the 'expenditure`�of County funds provided for in Section--31 of 'Article IV �of the Constitution �of 'the State of Cali&fornia, `rsaid City sFiall pay to said Coiinty�•t'he en.tir`e costto said County of performirig each � such function, ineludin�g �salaries and wages of- all employees� engaged therein, a.1-1 supervision over �such employees' while 's�o�- �`� employed, a, prorate of all departmental overhead, c.lerical work, office supplies, depreciation on macliinery and equipment, traveling expenses., including mileage of employee�s, and. al,l -other c,ost and expense inciden�tal eto the p;erf;ormance of each of such functions . The rate� charged . for each� function `shal-1 be recomputed annua�lly and revised according•ly, and thereafter 'charged `at such revi�sed � �rate. � In computing the cost of the use of machinery and equipment-, the full cost�� to said� Counfy of rented macfiinery and equipment � and any operat.or furnished therewith, . and a reasonable rental rate on County-owned .ma.chimery and equipment shall be� 'included. 2 . No-�County of�ficer or department shall perform for said City any function not coming within the scope of the duties of • such •officer or departmeri�t in perforriming. services for said County. 3. No service .shall be performed hereunder �unless said ' City shall have avaiTable�.funds �previously appropriated to eover�� � 9"'� the cost thereof. .,�:• . . . . . .. . • . . . . . . . . 4. No function or. service. shall lie performed hereunder by � � any� County offieer-�or department unless such furiction or .s'ervice� ;, shall have been requested in. writing by said. City on order of ! the- City� Council� thereof•�or'� such officer as it may designate, - and approved by the Board .of Supervisors of said County, or such officer�.as it �may designate; -an�d• each such service or function � shall be performed at the times and under circumstances which � - do not interfere �with �the �performanee of regular �County operations . �. . . __ . . _ . . . , . � � �.. 5.�. Whenever the County and City mutually agree as to the necessity for any such County officer or department to maintain administrative, headquarters 'ixi� said, City, .said .City .shall i+ - � " furni`sh;" a:�t- its`.own cos� and exp`ense a1;T necessary office space, � furni�ture,; ar�d °furnis�hings, office supplies, janitor service, telephone, �light, water and other uti�lities.� Inall �instances where `sp�eci°al supplies, stationery, notices, f.orms and the like must lie issued in the' name of said City, the same shall be ' supplie�d by the� Ci•ty. � � It is expressl-y :understood that in the „event-a local administra:tive office is maintained-•in �said� City� �or� any' suah County officer, or department, such quarter's may. -be. used by said " Count'� °offic�er or department in connection.�with ;tlie performance ` .of. its dutie.s in territory outside of said-�City and adjacent° thereto; provided, however, that the� performan�ce of such out- � '� side' clutie�s sh�all not be at� any additional cost to said� City. . � . 6. All persons employe�d in the performance of such . services and functions for said City sha1�1 be �County employees, and n'o° City employee as such shall be taken over by said County, � and no .person employed hereunder shall' have any City pension, �r= � ' �civil' 'service; or other �status or right. � ° tl;� . . . - � � � For the purpose,of perfo:rming.<such services and functions, � � - �and for, the purpose of giving, ofiicial s;ta.tus -t`o .the .performance tliereof, every County officer and employee engaged in perforFning any such service or funct-ion shall be deemed to be an of�icer or employee� of,,said �.City whil performing , service for said. City with;in the �scope of this., agreement . _ . � '. • g S. 7.. Said City shall not be .called upon t,o assume -any liability for� the direct payment of any salary, Pwages, or � other campensation to .any County personnel performing s:ervices hereunder for said City, �or any liability other than that � � provided for in � this agreement. Except as herein otherwise specified, said City shall not be liable for compensation or indemnity to any Count.y employee for injury or sickness arising out of his employment. , 8. Said County, i-ts officers and employees , shall not b�e , deemed to- assume any �liability for the negligence of said City, or of any officer or ernployee thereof, nor for any defective or da.ngerous �condition of the streets or property of said City, and said City shall hold said County and �its offieers and employees harmless from, and shall defend said County and the officers and employees thereof again�st any claim for .damages resulting therefrom. . . � . P .. -• . , . � 9 . Each County officer or department performing any service for said City pxovided for herein shall keep reasonably � �itemized and in detail work or job records c.over-ing the cost of all serv�ices perform�d.,• inc�ludinge salary; wages and other comp- ensations for labor, supervision and pl:anning,- plus �overhead, the reasonable rental �value of all County-owned .machinery a.nd equipment, �rental pa�id for all rented maehiner-y or� equipment, • � � ° � together w�ith the �cost of an operator thereof when furnished with said machinery or equipment, the 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. �; ��� �. �� � I0.' 'A1Y wor'k done �hereunder--isv._subject to 'tlie limi�ations of the provisions of Section 23008� of� the Government � Code, and in accor•dance��'therewi'th,� �b�efore•;any• work �is done or �services � . . . � r.endered" pursixant hereto�; 'an amount 'equal to the � cost or an � amount� �10% in �excess 'of the 'e'stimated cost must ,be reserved by the �• City from' 'its `fun`ds� to `insure payment for work, �services or materials provided hereunder. � � ' � Each. County officer or department per,forming any se.rvice � hereurider shall render to said -Gity at the close of each calendar � month' an� itemized' statement cove-ring:. all services performed ' dur`ing said` month, and said Gi�ty shall�pay� County� �therefor� witYiin 20 days after`r�eceipt of such statement. -If such payment is� not received by `the County within �30 days after rendition of billing, County iria.y satisfy s`irch indebtedness from -any �furids of the City ori �deposit �`wit�h° the° County without giving• further no'tice to� City � of �County'�s� intention to do so. �� � - � " - � " ' ' T1. �This contract shall become effective � on the date• herein- � above first mentioned and shall �run for a period ending June 30, 19'65, and at the option of the Gity Courici�l of said City, with the consent� of� the Boa•r•d �of Supervisors of said. County, shall be renewable` thereafter f.or. an additional period' of not to �exceed � . . five (:5) years: . _ - . . . . . ' . > s.. . ...w ` - � - - - � , ,_ . In event _said City desires to renew this agreement for said five-year period, the City Gouncil shall riot� later than the lOth � of May, 1.965, notify the Board of Supervisors of said County that it wishes t�o �r•enew the- saine, whereupon said Board of �up�visors of said County that it wishes to renew the same, whereupon said - Boar�d of �Supervisors, not later� than the ��last day of May, 1965, �shal'l �notify said Ci�y Council in writing of its willingness to accept such renewal: > Otherwise� such agreement shall finally `termin�aie:e at the end of �the aforedescribed period. � ` � � � Notwithstanding the provisions of this paragraph hereinabove se�t . forth., either party may terminate this agreement as of the ° � first da:y� of July of any year• upon notice in writing to the. other , ��party o�f not .les�s�� than- two �calendar months prior to the date of - such termination•. �� � � � � � � - 12. Tl%�s agreement is designed to cover misc'ellaneous and _ � � � sundry `serv'ices which may be supplied by the County �of •Lo�s Angeles and the various departments thereof. In event there now exists � or there is hereafter adopted a specific contrac�t b�etween the City and the County with respect to specific services-, such conicract � ' � with respect to specific servic�s shall be eontrol�ling �as� to the duties and obligations •of the parties anything herein to the contrary notwithstanding, unless such specia•1 contract adopts the provisions 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� Boar�d�; and said� City has cau`sed these pre:s:e�ats to- be subscribed by its Mayor� and the � ' • seal of said City fo be affixed thereto and 'atteste'd by the City . Clerk of said City, on the day and year first above written. CITY OF RO G HILLS ATTEST: ' By ' � - Mayor � City �Clerk � COUNTY OF LOS ANGELES ATTESTt GORDON T. NESVIG By . , Clerk of Board of Supervisors Chairman, Board of .Supervisors