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2400 - Los Angeles County/Library Agreements-Shared GroundsAgreement No. PL -ROS -24 LANDSCAPE AND GROUNDS MAINTENANCE SERVICES AGREEMENT BETWEEN LA COUNTY LIBRARY AND CITY OF ROSEMEAD THIS AGREEMENT is made and entered into this 1 st day of July 2024 by and between LA COUNTY LIBRARY, a body corporate and politic ("Library"), and CITY OF ROSEMEAD, a body corporate and politic ("City"). WHEREAS, Library is desirous of contracting with the City for the maintenance of the landscape grounds of Rosemead Library located at 8800 Valley Boulevard, Rosemead; and WHEREAS, the City is agreeable to performing such functions on the terms and conditions hereinafter set forth; and WHEREAS, this Agreement is authorized by Title 1, Division 7, Chapter 5, (Sections 6502 et. Seq.) of the Government Code. NOW THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein below, it is mutually agreed by the parties hereto as follows: 1. In consideration for maintenance and services, Library agrees to pay the City the total sum not to exceed $55,176.00, in accordance with the schedule below. Library will make annual payments to the City within 90 days of receipt of a correct invoice from the City. Year 1: $8,700.00 Year 2: $8,941.00 Year 3: $9,189.00 Year 4: $9,444.00 Year 5: $9,706.00 Plus 20% or $9,196.00 for unanticipated work Routine plant replacement, and repairs to irrigation systems will be included as part of this agreement. Extra repairs requested due to vandalism, equipment replacement needed from wear and tear, or re -landscaping of the property, will be billed as unanticipated work, based on time and materials, not to exceed 20% of the annual payment. All unanticipated work will require prior written approval from Library. Page 1 2. This Agreement will be for a five (5) year term. 3. For any change which affects the scope of work, term, contract sum, or any term or condition included under this Agreement, an amendment shall be prepared and executed by the City and by Library. 4. City will maintain in a good and workmanlike manner the landscape and grounds of the Rosemead Library, in accordance with Attachment A, said maintenance to include, but not limited to, site inspection, litter control, pruning of shrubs, cultivation of flower beds, routine plant replacement, appropriate irrigation of vegetation, vandalism repair, trimming and care of trees and groundcover, sweeping of the entrances and parking lots. Maintenance will also include maintenance of the sprinkler control system including sprinkler heads and risers; provided, however, the City is not prevented from performing said work by reason of renovation, construction, or other improvement work. 5. In the event the City is prevented from performing the landscape and grounds maintenance services for the Rosemead Library, the City will return to Library the pro -rata portion of each annual payment prepaid by Library with such proration computed based on a 365 -day year any annual payment prepaid by Library. 6. City will furnish and supply all necessary labor, supervision, equipment and supplies necessary to perform the landscape services and maintain the grounds at a level of appearance comparable to City facilities. Such maintenance will include the maintenance of the sprinkler control system including sprinkler heads and risers. 7. The City will have the option to sub -contract for the landscape and grounds maintenance of the grounds of the Hermosa Beach Library, with prior consent of Library and, as long as the grounds are maintained in accordance with the terms of this Agreement and all indemnity and insurance requirements set forth below are met. 8. Library may replace, at its discretion, all plants, shrubs, and trees upon notification of such need from the City. Except as necessary to complete the obligations set forth in this Agreement, the City will not alter the landscape in any manner not otherwise provided for herein without the express written consent of Library. 9. Library will not be called upon to assume any liability for the direct payment of any salaries, wages or other compensation to any City personnel, sub -contractor's personnel performing services hereunder for Library. 10. City will indemnify, defend and hold harmless County, its Special Districts, elected and appointed officers, employees, agents and volunteers ("County Indemnitees") from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or connected with the City's acts and/or omissions arising from and/or relating to this Agreement. If the City should sub -contract all or any part of this Page 2 landscape and grounds maintenance services Agreement, the City also will require the sub -contractor to indemnify, defend and hold harmless the County. 11. Without limiting the City's indemnification of Library, and in the performance of this Agreement and until all of its obligations pursuant to this Agreement have been met, the City will provide and maintain insurance coverage satisfying the following requirements. The City will bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any City employee for injuries arising from or connected with services performed at the request of or on behalf of the City. The City will maintain general liability insurance with limits of not less than $1 million per occurrence and naming Library as an additional insured, auto liability insurance with limits of not less than $1 million each accident, and workers compensation insurance including Employers' Liability coverage with limits of not less than $1 million. Such insurance will be excess to any commercial or self-insurance programs maintained by Library and may be provided by the City's self-insurance program or a combination of that program and other insurance coverages. If the City sub -contracts all or any part of this landscape and grounds maintenance services, then the City will require the sub -contractor to maintain the same types and limits of insurance coverage outlined in this paragraph. 12. Either party will have the right to cancel this Agreement at any time upon giving 30 days' prior written notice. In the event of such cancellation, the City will return to Library (the pro -rata portion of any annual payment prepaid by Library with such proration computed based on a 365 -day year). 13. This Agreement will not be valid and does not impose any obligation upon Library unless and until funds are appropriated by Library for the purposes set forth herein and the City will have no obligation under this Agreement if such funds are not appropriated. I I I I I I I I I I Page 3 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed upon the day and year first above written. ATTEST: City Clerk: Ericka Hernandez APPROVED AS TO FORM: Ile By, City Attorney: APPROVED AS TO FORM: DAWYN R. HARRISON County Counsel lko Keever Rhodes Muir Senior Deputy County Counsel Landscape Agreement -City Of Rosemead 05.07.2024 Page 4 CITY OF ROSEMEAD: City Manager: Ben Kim LA COUNTY LIBRARY :on Skye Patrick County Librarian Attachment A SCOPE OF SERVICES FOR LANDSCAPE AND GROUNDS MAINTENANCE SERVICES City OF ROSEMEAD City of Rosemead (City) agrees to provide landscape and grounds maintenance services at the Rosemead Library, including trees, landscape, and irrigation repair, in addition to 24-hour emergency services. The scope of services is described in detail below: Litter and Debris Removal/Clean-upM/eeding: All trash, debris, and dead plant materials shall be removed weekly. Special attention will be given to the entries, courtyard, and the parking lot. The entryway to the library will be cleaned daily, and the lot will be swept weekly. All areas will be maintained litter -free. Paved and hardscape areas will be cleaned weekly. Selective Pruning and Care of Shrubbery and Plants: All shrubs will be selectively pruned to maintain their natural form. Dead branches and foliage will be removed, as thinning cuts only. Shrubs will be pruned at least once per year or as needed to prevent sidewalk, street, and sign obstruction. Plants and other shrubs will be added or replaced as necessary to maintain an appearance similar to other City facilities. This includes planting and care of all planters. Tree Trimming: Trees will be trimmed to maintain sight visibility for pedestrian or vehicular traffic. Canopies will be maintained at a height of eight (6) feet over sidewalks. Tree maintenance of trees located on the county grounds is included and will follow the trimming cycles and standards in the City's Tree Management Program. Storm damage repair, replacement or addition of trees is not included in this contract. Such services may be provided upon request and will be billed as extra work. Groundcover Trimming: Groundcovers will be pruned using pruning shears to create a "soft" line. Groundcovers are prohibited to grow past the "face" of the curb or more than three (3") inches onto sidewalks. Growth onto other shrubs, trees, walls, or other structures is not permitted. Weed Control: All landscape and non -landscaped areas will always be kept weed -free. The term "weeds" applies to any undesirable vegetation growing within the right-of-way including cracks between the gutter and asphalt as well as the cracks in adjacent sidewalks. Chemical control by using herbicides and pre -emergent materials is permitted with proper County Library notification. Irrigation: Consistent maintenance of all areas for proper moisture levels based on the plant needs at different times of the year. All irrigation will be performed to ensure plant health and vigor. The entire irrigation system, including the planters and all components from the point of connection at the meters to the sprinklers, will always be maintained in an operational state. Repair of this equipment is included in this contract. Repairs to the water mainlines feeding the meter, major irrigation renovations and repair/replacement of the sprinkler controller will be billed as extra work. Page 1 Attachment A Fertilizer: Planters will receive three (3) applications of Gro -power (or equivalent) brand fertilizer at manufacturer's recommended rates (6-10-4). Applications will occur in March, May, and October. Insect, Disease and Rodent Control: The control of insects, plant diseases, and/or rodents is included. Use of Chemical: Any work involving the use of chemicals will be in compliance with all federal, state, and local laws and will be accomplished by a Certified Applicator under the direction of a Licensed Pest Control Advisor (PCA). The City, in complying with the California Food and Agricultural Code, will provide a copy of a valid Pest Control Operator's License, a valid Pest Control Advisor's License, and a Qualified Applicator's License in the proper categories for the work to be done, or a copy of said licenses from a Subcontractor prior to using any and all applicable chemicals within the area(s) to be maintained for Library. Page 2 Agreement No. PL-ROS-19 A OF LOs , OJT cF! -- 11. CALIFO 1 ' AGREEMENT BY AND BETWEEN COUNTY OF LOS ANGELES AND CITY OF ROSEMEAD FOR LANDSCAPE AND GROUNDS MAINTENANCE SERVICES LANDSCAPE AND GROUNDS MAINTENANCE SERVICES AGREEMENT Between the COUNTY OF LOS ANGELES, CALIFORNIA and the CITY OF ROSEMEAD, CALIFORNIA 1� This Agreement made and entered into this day of -job/ 201/ by and between the COUNTY OF LOS ANGELES, hereinafter referred to as "COUNTY," and the CITY OF ROSEMEAD, hereinafter referred to as "CITY". WHEREAS, the COUNTY is desirous of contracting with the CITY for the maintenance of the landscape grounds of the County Library building located at 8800 Valley Boulevard, Rosemead; and WHEREAS, the CITY is agreeable to performing such functions on the terms and conditions hereinafter set forth; and WHEREAS, this Agreement is authorized by Title 1, Division 7, Chapter 5, (Sections 6502) of the Government Code. NOW THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein below, it is mutually agreed by the parties hereto as follows: 1. In consideration for maintenance and services, the COUNTY agrees to pay to the CITY the total sum of thirty-four thousand, six hundred eighty-six dollars and fifteen cents ($34,686.15). The COUNTY will make annual payments to the CITY within 90 days of receipt of proper invoice from the CITY, according to the following schedule: Year 1: $6,577.23 Year 2: $6,757.23 Year 3: $6,937.23 Year 4: $7,117.23 Year 5: $7,297.23 Routine plant replacement, and repairs to irrigation systems will be included as part of this agreement. Extra repairs requested due to vandalism, equipment replacement needed from wear and tear, or re-landscaping of the property, will be billed as unanticipated work, based on time and materials, not to exceed 20% of the annual payment. All unanticipated work will require prior written approval from the COUNTY. 2. This Agreement will be for a five (5) year term commencing on July 1 , 2019 or upon Board approval, whichever is later, and will continue until June 30, 2024. 3. The CITY will maintain in a good and workmanlike manner the grounds of the County Library, in accordance with Attachment A, said maintenance to include, but not limited to, site inspection, litter control, mowing and edging turf areas, pruning of shrubs, cultivation of flower beds, application of water, vandalism repair, furnishing and applying insecticides and fertilizer, trimming and care of trees, sweeping of the entrances and parking lots, and service to the irrigation system. 4. In the event that the CITY is prevented from performing the grounds maintenance services for the Library, the CITY will return to the COUNTY, the pro-rata portion of each annual payment prepaid by the COUNTY with such proration computed on the basis of a 365-day year any annual payment prepaid by the COUNTY. 5. For the purpose of performing said landscape and grounds maintenance, the CITY will furnish and supply all necessary labor, supervision, equipment and supplies necessary to maintain the grounds at a level of appearance comparable to CITY facilities. Such maintenance will include the renovation and seeding of lawn areas at least once during the year, if necessary, and maintenance of the sprinkler control system including sprinkler heads and risers. 6. The CITY will have the option to sub-contract for the grounds maintenance of the grounds of the COUNTY Library, with prior consent of the COUNTY and, as long as the grounds are maintained in accordance with paragraphs 3 and 5 of this Agreement and all indemnity and insurance requirements set forth below are met. 7. The COUNTY may replace, at its discretion, all plants, shrubs, and trees upon notification of such need from the CITY. Except as necessary to complete the obligations set forth in paragraphs 3 and 5, the CITY will not alter the landscape in any manner not otherwise provided for herein without the express written consent of the COUNTY. 8. The COUNTY will not be called upon to assume any liability for the direct payment of any salaries, wages or other compensation to any CITY personnel, sub-contractor or sub-contractor's personnel performing services hereunder for the COUNTY. 9. The CITY will indemnify, defend and hold harmless the COUNTY, its Special Districts, its elected and appointed officers, and its employees, and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or connected with the CITY'S acts and/or omissions arising from and/or relating to this Agreement. If the CITY should sub-contract all or any part of this landscape and grounds maintenance services Agreement, the CITY also will require the sub-contractor to indemnify, defend and hold harmless the COUNTY. 10. Without limiting the CITY's indemnification of the COUNTY, and in the performance of this Contract and until all of its obligations pursuant to this Contract have been met, the CITY will provide and maintain insurance coverage satisfying the following requirements. The CITY will bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any CITY employee for injuries arising from or connected with services performed at the request of or on behalf of the CITY. The CITY will maintain general liability insurance with limits of not less than $1 million per occurrence and naming the COUNTY as an additional insured, auto liability insurance with limits of not less than $1 million each accident, and workers compensation insurance including Employers' Liability coverage with limits of not less than $1 million. Such insurance will be primary and not contributing to any commercial or self-insurance programs maintained by the COUNTY and may be provided by the CITY'S self-insurance program or a combination of that program and other insurance coverages. If the CITY sub-contracts all or any part of this landscape and grounds maintenance services Agreement, then the CITY will require the sub-contractor to maintain the same types and limits of insurance coverage outlined in this paragraph. 11. Either party will have the right to cancel this Agreement at any time upon giving 30 days' prior written notice. In the event of such cancellation, the CITY will return to the COUNTY (the pro-rata portion of each annual payment prepaid by the COUNTY with such proration computed on the basis of a 365-day year). 12. This Agreement will not be valid and does not impose any obligation upon the COUNTY unless and until funds are appropriated by the COUNTY for the purposes set forth herein and the CITY will have no obligation under this Agreement if such funds are not appropriated. / / / / / / / / IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed upon the day and year first above written. ATTEST: CITY OF ROSEMEAD: By: ( i rf 7 By: Sre. f7 � � City Clerk Mayor APPROVED AS TO FORM: By: -Str /?7A1rC, City Attorney COUNTY OF L• _ - I� 011, By: /. SAM . • i•rari.-n APPROVED AS TO FORM: MARY C. WICKHAM County Counsel By: Art4 • K ever Rhodes Muir Deputy County Counsel U:\Contracts\Development\DEVELOPMENT-CITY AGREEMENTS\ROSEMEAD-2019\Rosemead Library Landscape Agmt FINAL 5-9-19 doc IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed upon the day and year first above written. ATTEST: CITY OF ROSEMEAD: By: By: )' -lA.ef- City Clerk Mayor APPROVED AS TO FORM: By: 7 ` - / ity Attorney COUNTY OF LOS ANGELES By: S ee- /rr-74. '!�D Skye Patrick County Librarian APPROVED AS TO FORM: MARY C. WICKHAM County Counsel By: Keever Rhodes Muir Deputy County Counsel U.\Contracts\Development\DEVELOPMENT-CITY AGREEMENTS ROSEMEAD-2019\Rosemead Library Landscape Agmt FINAL 5-9-19.doc Attachment A LIBRARY MAINTENANCE SPECIFICATIONS The City of Rosemead agrees to provide landscape and grounds maintenance services at Rosemead Library, including trees, turf, landscape, and irrigation repair, in addition to 24-hour emergency services. The scope of services is described in detail below: Litter and Debris Removal/Clean-up: All trash, debris, and dead plant materials will be removed weekly. Special attention will be given to the entries, courtyard, and the parking lot. The entryway to the library will be cleaned daily, and the lot will be swept weekly. All areas will be maintained litter-free. Paved and hardscape areas will be cleaned weekly. Mowing and Edging: All turf areas are to be mowed as often as necessary to maintain a consistent turf height of 2 inches. In normal circumstances the grass clippings need not be removed, but, when an excessive amount of cut grass is present, removal may be requested by the Director of Community Services. Selective Pruning and Care of Shrubbery and Plants: All shrubs will be selectively pruned as to maintain their natural form. Dead branches and foliage will be removed, as thinning cuts only. Shrubs will be pruned at least once per year or as needed to prevent sidewalk, street, and sign obstruction. Plants and other shrubs will be added or replaced as necessary to maintain an appearance similar to other City facilities. This includes planting and care of the planter located at the east entrance. Tree Trimming: Trees will be trimmed to maintain sight visibility for pedestrian or vehicular traffic. Canopies will be maintained at a height of eight (8') feet over sidewalks. Tree maintenance of the twenty-four (24) trees located on the county grounds is included and will follow the trimming cycles and standards in the City's Tree Management Program (every three years). Storm damage repair, replacement, or addition of trees is not included in this contract. Such services may be provided upon request and will be billed as extra work. Groundcover Trimming: Groundcovers will be pruned using pruning shears to create a soft line. Groundcovers are prohibited to grow past the face of the curb or more than three (3") inches onto sidewalks. Growth onto other shrubs, trees, walls, or other structures is not permitted. Weed Control: All landscape and non-landscaped areas will be kept weed-free at all times. The term "weeds" applies to any undesirable vegetation growing within the right-of-way including cracks between the gutter and asphalt as well as the cracks in adjacent sidewalks. Chemical control by using herbicides and pre-emergent materials is permitted with proper County notification. Irrigation: Consistent maintenance of all areas for proper moisture levels based on the turf and/or plants needs at different times of the year. All irrigation will be performed to ensure plant health and vigor. The entire irrigation system, including the planters and all components from the point of connection at the meters to the sprinklers, will be maintained in an operational state at all times. Repair of this equipment is included in this contract. Repairs to the water mainlines feeding the meter, major irrigation renovations and repair/replacement of the sprinkler controller will be billed as extra work. Fertilizer: Planters will receive three (3) applications of Gro-power (or equivalent) brand fertilizer at manufacturer's recommended rates (6-10-4). Applications will occur in March, May and October. Insect, Disease and Rodent Control: The control of insects, plant diseases, and/or rodents is included. Use of Chemical: Any work involving the use of chemicals will be in compliance with all federal, state, and local laws and will be accomplished by a Certified Applicator under the direction of a Licensed Pest Control Advisor (PCA). The City, in complying with the California Food and Agricultural Code, will provide a copy of a valid Pest Control Operator's License, a valid Pest Control Advisor's License, and a Qualified Applicator's License in the proper categories for the work to be done, or a copy of said licenses from a Subcontractor prior to using any and all applicable chemicals within the area(s) to be maintained for the County. Special Requests: The courtyard will be cleaned once weekly. All other areas will be cleaned on a bi-monthly basis. U:\Contracts\Development\DEVELOPMENT-CITY AGREEMENTS 1ROSEMEAD-2019\SOW-Attachment A-FINAL 5-9-19.doc °3V f . c ins. CqL FORAO- Agreement No. PL -ROS- 14 T AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF ROSEMEAD FOR LANDSCAPE AND GROUNDS MAINTENANCE SERVICES FOR THE ROSEMEAD LIBRARY LANDSCAPE SERVICES AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF ROSEMEAD THIS AGREEMENT is made and entered into this _ day of �(� 12014 BY AND BETWEEN COUNTY OF LOS ANGELES, a body corporate and politic ( "County "), AND CITY OF ROSEMEAD, a body corporate and politic ( "City "). RECITALS: WHEREAS, the COUNTY is desirous of contracting with the CITY for the maintenance of the landscape grounds of the County Library building located at 8800 Valley Boulevard, Rosemead, and WHEREAS, the CITY is agreeable to performing such functions on the terms and conditions hereinafter set forth; and WHEREAS, this Agreement is authorized and provided for by the provisions of Section 56 -1/4 of the Charter of the County of Los Angeles; and Title 1, Division 7, Chapter 5, (Sections 6500 et. Seq.) of the Government Code. NOW THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein below, it is mutually agreed by the parties hereto as follows: In consideration for maintenance and services, the COUNTY agrees to pay to the CITY the total sum of Thirty Thousand Six Hundred Ninety -Eight Dollars and Thirteen Cents ($30,698.13). Payments shall be paid on demand in the following manner: Year 1: $6,030.00 Year 2: $6,030.00 Year 3: $6,030.00 Year 4: $6,210.90 Year 5: $6,397.23 2. This Agreement shall be for a term of five (5) years commencing upon the Board of Supervisor's approval or on July 1, 2014, whichever is later, and terminating on June 30, 2019, unless terminated early as provided herein. 3. The CITY shall maintain in a good and workmanlike manner the landscape and grounds of the County building located at the above - listed location, in accordance with Attachment A, said maintenance to consist of litter and debris removal, mowing and edging turf areas, pruning of shrubs, cultivation of flower beds, routine plant replacement, appropriate irrigation of vegetation, vandalism Page 1 repair, furnishing and applying insecticides and fertilizer, trimming and care of trees and groundcover, sweeping of the entrances and parking lots. Maintenance shall also include the renovation and seeding of lawn areas at least once during the year, if necessary and maintenance of the sprinkler control system including sprinkler heads and risers; provided, however, the City is not prevented from performing said work by reason of the renovation, construction, or other improvement work. 4. In the event the CITY is prevented from performing the landscape and grounds maintenance services for the Rosemead Library, the CITY shall return to the COUNTY the pro -rata portion of each annual payment prepaid by the COUNTY with such proration computed on the basis of a 365 day year. 5. For the purpose of performing said landscape and grounds maintenance services, the CITY shall furnish and supply all necessary labor, supervision, equipment and supplies necessary to maintain the Rosemead Library at a level of appearance comparable to CITY facilities. 6. The CITY shall have the option to sub - contract for the landscape and grounds maintenance of the area, with prior consent of the COUNTY and, as long as the Rosemead Library is maintained in accordance with paragraphs 3 and 5 of this Agreement. 7. The COUNTY may replace, at its discretion, all plants, shrubs, and trees upon notification of such need from the CITY. Except as necessary to complete the obligations set forth in paragraphs 3 and 5. The CITY shall not alter the landscape in any manner not otherwise provided for herein without the express written consent of the COUNTY. 8. The COUNTY shall not be called upon to assume any liability for the direct payment of any salaries, wages or other compensation to any CITY or its sub- contractor personnel performing services hereunder for the COUNTY. 9. The City shall indemnify, defend and hold harmless the County, its Special Districts, elected and appointed officers, employees, agents and volunteers ( "County Indemnitees ") from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or relating to responsibilities of the City as specified in this Agreement. 10. Without limiting the CITY's indemnification of the COUNTY, and in the performance of this Contract and until all of its obligations pursuant to this Contract have been met, the CITY shall provide and maintain insurance coverage satisfying the following requirements. The CITY shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any CITY employee for injuries arising from or connected with services performed at the request of or on behalf of the CITY. The CITY shall maintain general liability insurance with limits of not less than $1 million per occurrence and naming the Page 2 COUNTY as an additional insured, auto liability insurance with limits of not less than $1 million each accident, and workers compensation insurance including Employers' Liability coverage with limits of not less than $1 million. Such insurance shall be primary and not contributing to any commercial or self - insurance programs maintained by the COUNTY and may be provided by the CITY'S self- insurance program or a combination of that program and other insurance coverages. If the CITY sub - contracts all or any part of this landscape and grounds maintenance services agreement, then the CITY shall require the sub - contractor to maintain the same types and limits of insurance coverage outlined in this paragraph. 11. Either party shall have the right to terminate this agreement at any time upon giving 30 days' prior written notice to the other party. In the event of such termination, the CITY shall return to the COUNTY the pro -rata portion of each annual payment prepaid by the COUNTY with such proration computed on the basis of a 365 day year. 12. This Agreement shall not be valid and does not impose any obligation upon the COUNTY unless and until funds are appropriated by the COUNTY for the purposes set forth herein and the CITY shall have no obligation under this Agreement if such funds are not appropriated and paid to the CITY as provided herein. Page 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed upon the day and year first above written. ATTEST: By:-City Clerk: APPROV ,Eq AS TO FORM: By: ii, � City Attorney: APPROVED AS TO FORM: John Krattli County Counsel By: L, Jill M. J n Deputy I ou ounsel Page 4 CITY OF ROSEMEAD: By: ty Ma ager: COUNTY OF LOS ANGELES Oar onnellan Todd Attachment A SCOPE OF SERVICES FOR LANDSCAPE AND GROUNDS MAINTENANCE SERVICES CITY OF ROSEMEAD The City of Rosemead agrees to provide landscape and grounds maintenance services at the Rosemead Library, including trees, turf, landscape, and irrigation repair, in addition to 24 -hour emergency services. The scope of services is described in detail below: Litter and Debris Removal/Clean-up/Weeding: All areas shall be maintained weed -free and litter -free. All trash, debris, dead plant materials and weeds shall be removed weekly. Special attention shall be given to the entries, courtyard and the parking lot. The lot will be swept weekly. Paved and hardscape areas shall be cleaned weekly. Mowing and Edging: All turf areas are to be mowed as often as necessary to maintain a consistent turf height of 2 inches. Selective Pruning and Care of Shrubbery and Plants: All shrubs shall be selectively pruned as to maintain their natural form. Dead branches and foliage shall be removed, as thinning cuts only. Shrubs shall be pruned at least once per year or as needed to prevent sidewalk, street and sign obstruction. Plants and other shrubs will be added or replaced as necessary to maintain an appearance similar to other City facilities. This includes planting and care of all planters. Tree Trimming: Trees shall be trimmed as needed to maintain sight visibility for pedestrian or vehicular traffic. Canopies shall be maintained at a height of eight (8') feet over sidewalks. Tree maintenance of trees located on County grounds is included and will follow the trimming cycles and standards in the City's Tree Management Program. Storm damage repair, replacement or addition of trees is not included in this agreement. Groundcover Trimming: Groundcovers shall be pruned using pruning shears to create a .,soft" line. Groundcovers are prohibited to grow past the 'lace" of the curb or more than three (Y) inches onto sidewalks. Growth onto other shrubs, trees, walls, or other structures is not permitted. Weed Control: All landscape and non - landscaped areas shall be kept weed -free at all times. The term "weeds" applies to any undesirable vegetation growing within the right - of -way including cracks between the gutter and asphalt as well as the cracks in adjacent sidewalks. Chemical control by using herbicides and pre - emergent materials is permitted with proper County notification. Irrigation: Consistent maintenance of all areas for proper moisture levels based on the turf and /or plants needs at different times of the year. All irrigation shall be performed to ensure plant health and vigor. The entire irrigation system, including the planters and all components from the point of connection at the meters to the sprinklers, shall be Page 1 maintained in an operational state at all times. Repair of this equipment is included in this agreement. Repairs to the water main feeding the meter, major irrigation renovations and repair /replacement of the sprinkler controller will be billed as extra work. Fertilizer: A balanced fertilizer will be applied to all turf areas, five (5) times annually. Each application will provide one pound of active Nitrogen for each 1,000 square feet of grass area. Applications shall occur in accordance with the City's program. Planters will receive three (3) applications of Gro -power (or equivalent) brand fertilizer at manufacturer's recommended rates (6- 10 -4). Applications shall occur in accordance with the City's program. Insect Disease and Rodent Control: The control of insects, plant diseases, and /or rodents is included. Page 2 ill County County of Los Angeles Public Library ■ www.mlapublib.org 1 7400 East Imperial Hwy., Downey, CA 90242 a (562) 940 -8400 R Library �- Margaret Donnellan Todd County Librarian August 12, 2014 Sean Sullivan City of Rosemead City Hall 8838 Valley Blvd. Rosemead, CA 91770 Dear Mr. Sullivan AGREEMENT NO.: PL- ROS -14 Enclosed, for your records, is the fully executed copy of the following: Agreement Number PL- ROS -14 – Landscape and Grounds Maintenance Services for the Rosemead Library. If you have any questions, please contact Marlena A. Robinson, Secretary III, at (562) 940 -8425 or at MRobinson @library.laoounty.gov. Siinnceerrelly, �.{ ✓iu ✓i.— Gilbert Garcia Contract Supervisor, Public Library Enclosure GG:mar c: Gilbert Garcia, Contract Supervisor, Public Library 4 J -c-,q Agreement No. PL -ROS- 14 AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF ROSEMEAD FOR LANDSCAPE AND GROUNDS MAINTENANCE SERVICES FOR THE ROSEMEAD LIBRARY LANDSCAPE SERVICES AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF ROSEMEAD THIS AGREEMENT is made and entered into this - day of !Wj 2014 BY AND BETWEEN COUNTY OF LOS ANGELES, a body corporate and politic ( "County"), AND CITY OF ROSEMEAD, a body corporate and politic ( "City'). RECITALS: WHEREAS, the COUNTY is desirous of contracting with the CITY for the maintenance of the landscape grounds of the County Library building located at 8800 Valley Boulevard, Rosemead, and WHEREAS, the CITY is agreeable to performing such functions on the terms and conditions hereinafter set forth; and WHEREAS, this Agreement is authorized and provided for by the provisions of Section 56 -1/4 of the Charter of the County of Los Angeles; and Title 1, Division 7, Chapter 5, (Sections 6500 et. Seq.) of the Government Code. NOW THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein below, it is mutually agreed by the parties hereto as follows: 1. In consideration for maintenance and services, the COUNTY agrees to pay to the CITY the total sum of Thirty Thousand Six Hundred Ninety-Eight Dollars and Thirteen Cents ($30,698.13). Payments shall be paid on demand in the following manner: Year 1: $6,030.00 Year 2: $6,030.00 Year 3: $6,030.00 Year 4: $6,210.90 Year 5: $6,397.23 2. This Agreement shall be for a term of five (5) years commencing upon the Board of Supervisors approval or on July 1, 2014, whichever is later, and terminating on June 30, 2019, unless terminated early as provided herein. 3. The CITY shall maintain in a good and workmanlike manner the landscape and grounds of the County building located at the above - listed location, in accordance with Attachment A, said maintenance to consist of litter and debris removal, mowing and edging turf areas, pruning of shrubs, cultivation of flower beds, routine plant replacement, appropriate irrigation of vegetation, vandalism Page 1 repair, furnishing and applying insecticides and fertilizer, trimming and care of trees and groundcover, sweeping of the entrances and parking lots. Maintenance shall also include the renovation and seeding of lawn areas at least once during the year, if necessary and maintenance of the sprinkler control system including sprinkler heads and risers; provided, however, the City is not prevented from performing said work by reason of the renovation, construction, or other improvement work. 4. In the event the CITY is prevented from performing the landscape and grounds maintenance services for the Rosemead Library, the CITY shall return to the COUNTY the pro -rata portion of each annual payment prepaid by the COUNTY with such proration computed on the basis of a 365 day year. 5. For the purpose of performing said landscape and grounds maintenance services, the CITY shall furnish and supply all necessary labor, supervision, equipment and supplies necessary to maintain the Rosemead Library at a level of appearance comparable to CITY facilities. 6. The CITY shall have the option to sub - contract for the landscape and grounds maintenance of the area, with prior consent of the COUNTY and, as long as the Rosemead Library is maintained in accordance with paragraphs 3 and 5 of this Agreement. 7. The COUNTY may replace, at its discretion, all plants, shrubs, and trees upon notification of such need from the CITY. Except as necessary to complete the obligations set forth in paragraphs 3 and 5. The CITY shall not after the landscape in any manner not otherwise provided for herein without the express written consent of the COUNTY. 8. The COUNTY shall not be called upon to assume any liability for the direct payment of any salaries, wages or other compensation to any CITY or its sub- contractor personnel performing services hereunder for the COUNTY. 9. The City shall indemnify, defend and hold harmless the County, its Special Districts, elected and appointed officers, employees, agents and volunteers ( "County Indemnitees ") from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or relating to responsibilities of the City as specified in this Agreement. 10. Without limiting the CITY's indemnification of the COUNTY, and in the performance of this Contract and until all of its obligations pursuant to this Contract have been met, the CITY shall provide and maintain insurance coverage satisfying the following requirements. The CITY shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any CITY employee for injuries arising from or connected with services performed at the request of or on behalf of the CITY. The CITY shall maintain general liability insurance with limits of not less than $1 million per occurrence and naming the Page 2 COUNTY as an additional insured, auto liability insurance with limits of not less than $1 million each accident, and workers compensation insurance including Employers' Liability coverage with limits of not less than $1 million. Such insurance shall be primary and not contributing to any commercial or self - insurance programs maintained by the COUNTY and may be provided by the CITY'S self - insurance program or a combination of that program and other insurance coverages. If the CITY sub - contracts all or any part of this landscape and grounds maintenance services agreement, then the CITY shall require the sub - contractor to maintain the same types and limits of insurance coverage outlined in this paragraph. 11. Either party shall have the right to terminate this agreement at any time upon giving 30 days' prior written notice to the other party. In the event of such termination, the CITY shall return to the COUNTY the pro-rata portion of each annual payment prepaid by the COUNTY with such proration computed on the basis of a 365 day year. 12. This Agreement shall not be valid and does not impose any obligation upon the COUNTY unless and until funds are appropriated by the COUNTY for the purposes set forth herein and the CITY shall have no obligation under this Agreement if such funds are not appropriated and paid to the CITY as provided herein. Page 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed upon the day and year first above written. ATTEST: —City Clerk: APPROV AS TO FORM: By: C y Attorney: APPROVED AS TO FORM: John Krattli County Counsel By: 0-7 Jill M. J n Deputy ou ounsel Page 4 CITY OF • COUNTY OF LOS ANGELES Ot onnellan Todd Attachment A SCOPE OF SERVICES FOR LANDSCAPE AND GROUNDS MAINTENANCE SERVICES CITY OF ROSEMEAD The City of Rosemead agrees to provide landscape and grounds maintenance services at the Rosemead Library, including trees, turf, landscape, and irrigation repair, in addition to 24 -hour emergency services. The scope of services is described in detail below: Litter and Debris Removal /Clean- up/Weeding: All areas shall be maintained weed -free and litter -free. All trash, debris, dead plant materials and weeds shall be removed weekly. Special attention shall be given to the entries, courtyard and the parking lot. The lot will be swept weekly. Paved and hardscape areas shall be cleaned weekly. Mowing and Edging: All turf areas are to be mowed as often as necessary to maintain a consistent turf height of 2 inches. Selective Pruning and Care of Shrubbery and Plants: All shrubs shall be selectively pruned as to maintain their natural form. Dead branches and foliage shall be removed, as thinning cuts only. Shrubs shall be pruned at least once per year or as needed to prevent sidewalk, street and sign obstruction. Plants and other shrubs will be added or replaced as necessary to maintain an appearance similar to other City facilities. This includes planting and care of all planters. Tree Trimming: Trees shall be trimmed as needed to maintain sight visibility for pedestrian or vehicular traffic. Canopies shall be maintained at a height of eight (8') feet over sidewalks. Tree maintenance of trees located on County grounds is included and will follow the trimming cycles and standards in the City's Tree Management Program. Storm damage repair, replacement or addition of trees is not included in this agreement. Groundcover Trimming: Groundcovers shall be pruned using pruning shears to create a "soft" line. Groundcovers are prohibited to grow past the'Yace" of the curb or more than three (8") inches onto sidewalks. Growth onto other shrubs, trees, walls, or other structures is not permitted. Weed Control: All landscape and non - landscaped areas shall be kept weed -free at all times. The term "weeds" applies to any undesirable vegetation growing within the right - of -way including cracks between the gutter and asphalt as well as the cracks in adjacent sidewalks. Chemical control by using herbicides and pre - emergent materials is permitted with proper County notification. Irrigation: Consistent maintenance of all areas for proper moisture levels based on the turf and /or plants needs at different times of the year. All irrigation shall be performed to ensure plant health and vigor. The entire irrigation system, including the planters and all components from the point of connection at the meters to the sprinklers, shall be Page t maintained in an operational state at all times. Repair of this equipment is included in this agreement. Repairs to the water main feeding the meter, major irrigation renovations and repair /replacement of the sprinkler controller will be billed as extra work. Fertilizer A balanced fertilizer will be applied to all turf areas, five (5) times annually. Each application will provide one pound of active Nitrogen for each 1,000 square feet of grass area. Applications shall occur in accordance with the City's program. Planters will receive three (3) applications of Gro-power (or equivalent) brand fertilizer at manufacturer's recommended rates (6- 10-4). Applications shall occur in accordance with the City's program. Insect Disease and Rodent Control: The control of insects, plant diseases, and /or rodents is included. Page 2 III CountCounty of Los Angeles Public Library ■ www.colapublib.org County rJ 1 7400 East Imperial Hwy., Downey, CA 90242 m (562) 940 -8400 Libra FV -�.�. Margaret Donnedan Todd County Librarian August 12, 2014 Sean Sullivan City of Rosemead City Hall 8838 Valley Blvd. Rosemead, CA 91770 Dear Mr. Sullivan: AGREEMENT NO.: PL- ROS -14 Enclosed, for your records, is the fully executed copy of the following: Agreement Number PL- ROS -14 — Landscape and Grounds Maintenance Services for the Rosemead Library. If you have any questions, please contact Mariana A. Robinson, Secretary III, at (562) 940 -8425 or at MRobinson @library.lacounty.gov. Sincerely, ✓a�zu Gilbert Garcia Contract Supervisor, Public Library Enclosure GG:mar c: Gilbert Garcia, Contract Supervisor, Public Library 03q Agreement No. PL- ROS -01 NON - EXCLUSIVE LICENSE AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF ROSEMEAD FOR THE PUBLIC PLAZA Agreement No. PL- ROS -01 TABLE OF CONTENTS SECTION TITLE PAGE RECITALS......................................................................................... ..............................1 1. LICENSED AREA ................................................................... ..............................1 2. TERM ..................................................................................... ..............................2 3. PAYMENT .............................................................................. ..............................3 4. OPERATING RESPONSIBILITIES ......................................... ..............................3 5. AMENDMENTS ...................................................................... ..............................4 6. INDEMNIFICATION AND INSURANCE REQUIREMENTS ... ..............................5 7. TRANSFERS ......................................................................... .............................12 8. NONDISCRIMINATION ......................................................... .............................13 9. DEFAULT .............................................................................. .............................13 10. WAIVER ................................................................................. .............................13 11. SURRENDER ........................................................................ .............................13 12. ENFORCEMENT ................................................................... .............................14 13. COUNTY LOBBYIST ORDINANCE ...................................... .............................14 14. NOTICES ............................................................................... .............................14 15. REPAIR OF DAMAGE ........................................................... .............................15 16. DAMAGE OR DESTRUCTION .............................................. .............................15 17. SOLICITATION OF CONSIDERATION ................................. .............................15 18. CONFLICT OF INTEREST .................................................... .............................15 19. ACKNOWLEDGMENT OF INELIGIBILITY FOR RELOCATION ASSISTANCE ........................................................................ .............................15 20. SIGNATURE AUTHENTICITY CLAUSE ............................... .............................16 21. TAXATION OF LICENSED AREA ......................................... .............................16 22. INTERPRETATION ................................................................ .............................16 23. GOVERNING LAW AND FORUM ......................................... .............................16 24. ENTIRE AGREEMENT .......................................................... .............................17 SIGNATURES.................................................................................. .............................18 Agreement No. PL- ROS -01 NON — EXCLUSIVE LICENSE AGREEMENT THIS NON - EXCLUSIVE LICENSE AGREEMENT ( "License ") is made and entered into this &-/-A day of 2013 BY AND BETWEEN COUNTY OF LOS ANGELES, a body corporate and politic ( "County" or "Licensor "), AND CITY OF ROSEMEAD, a body corporate and politic ( "Licensee "). RECITALS: County is the owner of certain real property located at 8800 Valley Boulevard, Rosemead, California and is authorized to license use of the property pursuant to Gov. Code 25537 and /or 26227; and Licensee desires to construct a Public Plaza, which shall be located on County property and Licensee's property; Licensee is desirous of using on a non - exclusive basis, only a portion of said real property, which is not required exclusively for County use. In consideration of the mutual promises, covenants, and conditions set forth herein, the parties hereto and each of them do agree as follows: 1. LICENSED AREA 1.01 County hereby provides a non - exclusive License to Licensee and Licensee hereby agrees to the use, upon the terms and conditions hereinafter set forth, the County-owned portion of the area located between the Rosemead Public Library (8800 Valley Boulevard, Rosemead, California) and the Rosemead City Hall (8838 East Valley Boulevard, Rosemead, California) ( "Licensed Area ") as shown on Exhibit A, which is attached hereto and thereby made a part hereof. 1.02 The Licensed Area shall be used by the Licensee for the purpose of designing, developing, constructing and maintaining a Public Plaza and such other purposes as are related thereto at its sole cost. Once the Public Plaza improvements are constructed, the Licensee is permitted to use the Public Plaza for City events. The Parties agree that use of the Licensed Area will be coordinated between both parties. 1.03 Licensee has the right to relocate the Dedication Plaque onto Licensee's property and must maintain and repair as needed at Licensee's sole cost. 1.04 Licensee shall make no other alterations or improvements to the Licensed HOA.1010138.1 -1 of 18- Agreement No. PL- ROS -01 Area without prior consultation with the County at a weekly construction meeting, or some other forum to be agreed upon by the parties, other than those depicted and described on Exhibit A. Alterations that substantially differ from those alterations depicted at Exhibit A shall not proceed without the written approval of the County. Licensee shall commence and complete construction within twelve (12) months from full execution of this License. 1.05 In the event that Licensee makes any alterations or improvements in violation of Section 1.04 of this License, County may immediately and without prior notice to Licensee exercise any or all of following options: (a) Require Licensee to immediately remove all alterations and improvements and restore the Licensed Area to its pre- existing condition; (b) Remove the alterations or improvements and charge Licensee for the cost of such removal; (c) Notify Licensee of County's intent to retain any and all improvements installed by Licensee in violation of Section 1.03 upon termination of the License; and /or (d) Terminate the License and require Licensee to vacate the Licensed Area immediately. 1.06 Licensee acknowledges that Licensee has performed a personal inspection of the Licensed Area and the surrounding area and evaluation of the extent to which the physical condition thereof will affect the License. Licensee accepts the Licensed Area in its present physical condition and agrees to make no demands upon County for any improvements or alterations thereof. 1.07 Licensee hereby acknowledges the title of County or other legal right of possession or its successors in and to the Licensed Area and covenants and agrees never to assail, contest or resist said title. 1.08 Licensee acknowledges and agrees that, during the term hereof, County may elect to construct or cause to be constructed improvements on or affecting the Licensed Area, and in such event, Licensee acknowledges and agrees that certain portions of the Licensed Area may be unavailable for Licensee's use. Licensee further agrees not to interfere with any construction conducted on the Licensed Area. However, County shall consult with the Licensee prior to making any such alterations and make reasonable efforts to integrate the Licensees comments regarding proposed alterations. 2. TERM 2.01 The initial term of this License shall be for a period of twenty (20) years ( "Initial Term ") commencing upon execution of this License by the County (the "Commencement Date "). Licensee shall have two options (each, an "Option ") to extend HOA.1010138.1 -2 of 18- Agreement No. PL- ROS -01 the Initial Term of this License for two additional periods of ten (10) years each (each an "Additional Term," and collectively "Additional Terms "). Each of the two Additional Terms will commence automatically without notice unless: (i) Licensee is in default of this License on the date which an Additional Term would otherwise commence; or (ii) County or Licensee terminates this License by giving notice at least thirty (30) days before the end of the Initial Term or the then - current Additional Term, as applicable. 2.02 Neither party shall have the right to terminate this License prior to the expiration of the Initial Term or during the Additional Term, except upon default of this License. The County will endeavor, but shall not be required, to give at least thirty (30) days advance notice of such termination. Notwithstanding the foregoing provision, this License may be immediately cancelled in the event of an emergency or unsafe condition. 3. PAYMENT The use of the Licensed Area shall be gratis. Consideration for this License shall be Licensee's adherence to the terms and conditions of the License. 4. OPERATING RESPONSIBILITIES 4.01 Compliance with Law. Licensee's operations in and use of the Licensed Area shall conform to and abide by all County ordinances and all State and Federal laws and regulations insofar as the same or any of them are applicable; and where permits and /or licenses are required for Licensee's specific use of the Licensed Area, the same must be first obtained from the regulatory agency having jurisdiction herein. County shall maintain the Licensed Area in compliance with all applicable County ordinances and State and Federal laws and regulations. 4.02 Signs. Licensee shall not post signs or advertising matter upon the Licensed Area unless prior approval therefore is obtained from the County, whose approval shall not be unreasonably withheld. 4.03 Sanitation. No offensive matter or refuse or substance constituting an unnecessary, unreasonable, or unlawful fire hazard, or material detrimental to the public health, shall be permitted or remain on the Licensed Area, and Licensee shall prevent any accumulation thereof from occurring. Licensee shall pay all charges which may be made for the removal thereof. 4.04 Design and Construction. Licensee shall be responsible for designing and constructing the Public Plaza, which includes the Licensed Area, at no cost to the County. All documents and decisions are subject to mutual approval. All work performed shall be directly supervised by a designated Licensee representative. Once established, no work shall take place within the Licensed Area without a Licensee representative present. 4.05 Maintenance and Repairs. Licensee shall be responsible for the HOA.1010138.1 -3 of 18- Agreement No. PL- ROS -01 maintenance and repair of the Licensed Area, which includes but not limited to water features, grounds, water fountains, landscape and lighting. Licensed Area shall be maintained and repaired to the reasonable satisfaction of the County. Repairs to the hardscape (sidewalk and benches) will be the responsibility of the County. Any drinking water and /or water contained in a water feature shall be subject to the Los Angeles County Public Code requirements. In the event Licensee fails to maintain the Licensed Area within thirty (30) days of written notice to Licensee, County reserves the right to cure and bill Licensee for all costs. In the event the failure to maintain creates a hazardous or dangerous condition, the County shall call the Licensee which shall immediately repair such condition. If the Licensee does not immediately repair the County retains the right to do so with oral notice to the Licensee, to be followed by written notice as soon as practical thereafter and the Licensee will reimburse the County for all such costs to repair. 4.06 Utilities. County shall be responsible for payment of electricity necessary for operation of the Public Plaza. Licensee shall be responsible for payment of water necessary for operation of the Public Plaza, including the Licensed Area. 4.07 Examination of Licensed Area. Licensee shall permit authorized representatives of the County to enter the Licensed Area for the purpose of determining whether the authorized activities are being conducted in compliance with the terms of this License, or for any other purpose incidental to the performance of the duties required by the Los Angeles County Code. 4.08 Responsibility Limit. Licensee shall have no responsibility or obligation to provide any other services of any kind other than those described in this License. 4.09 Space Use Permits. Licensee acknowledges that any third party will be required to request a Space Use Permit from the County's Chief Executive Office for any use of Licensed Area. If the Licensee allows alcohol consumption pursuant to its use of this License, it must seek the permission of County and go through the County process to seek approval thereof. 5. 5.01 No representative of either County or Licensee, including those named in this License, is authorized to make changes in any of the terms, obligations or conditions of this License, except through the procedures set forth in this Paragraph 5. 5.02 For any change request by either party which affects any term or condition included in this License, a negotiated written Amendment to this License shall be prepared and executed by County and Licensee's authorized representative. 5.03 The County Librarian has delegated authority by the Board of Supervisors to amend this License consistent with County policy. A negotiated Amendment shall be executed by the County Librarian, or his /her designee. HOA.1010138.1 -4 of 18- Agreement No. PL- ROS -01 5.04 Such Amendments shall be authorized under the following conditions: (a) Amendments shall be in compliance with all applicable Federal, State, City and County laws, rules, regulations, ordinances, guidelines, and directives; and (b) The County Librarian ensures that such Amendments are approved by the County's Chief Executive Officer, and as to form by County Counsel: and (c) The County Librarian shall file a copy of all Amendments with the Executive Office of the County's Board of Supervisors within fifteen (15) days after execution of each Amendment. 6. INDEMNIFICATION AND INSURANCE REQUIREMENTS: During the term of this License, the following indemnification and insurance requirements shall be in effect. I. INDEMNIFICATION The Licensee and its agents and employees, shall indemnify, defend and hold harmless the County, its Special Districts, elected and appointed officers, employees, agents and volunteers (collectively "County Indemnitees "), from and against any and all liability, including but not limited to demands, claims, actions, fees, costs and expenses (including attorney and expert witness fees), arising from and /or relating to this License, except for such loss or damage arising from the sole negligence or willful misconduct of the County Indemnitees. The County and its agents or employees shall indemnify, defend and hold harmless the Licensee, its elected and appointed officers, employees, agents and volunteers (collectively "Licensee Indemnitees "), from and against any and all liability, including but not limited to demands, claims, actions, fees, costs and expenses (including attorney and expert witness fees), arising from and /or relating to the sole negligence or willful misconduct of the Licensee within Licensed Area. H. GENERAL INSURANCE PROVISIONS - LICENSEE REQUIREMENTS Without limiting the Licensee's indemnification of Licensor and during the term of this License, and until all of its obligations pursuant to this License have been met, Licensee shall provide and maintain at its own expense insurance coverage satisfying the requirements specified in this License. These minimum insurance coverage terms, types and limits (the "Required Insurance ") also are in addition to and separate from any other contractual obligation imposed upon Licensee pursuant to this License. The Licensor in no way warrants that the Required HOA.1010138.1 -5 of 18- Agreement No. PL- ROS -01 Insurance is sufficient to protect the Licensee for liabilities which may arise from or relate to this License. A. Evidence of Coverage and Notice to Licensor • Certificate(s) of insurance coverage (Certificate) satisfactory to Licensor, and a copy of an Additional Insured endorsement confirming County Indemnities have been given Insured status under the Licensee's General Liability policy, shall be delivered to Licensor at the address shown below and provided prior to the start day of this License. • Renewal Certificates shall be provided to Licensor not less than ten (10) days prior to Licensee's policy expiration dates. The Licensor reserves the right to obtain complete, certified copies of any required Licensee insurance policies at any time. • Certificates shall identify all Required Insurance coverage types and limits specified herein, reference this License by name or number, and be signed by an authorized representative of the insurer(s). The Insured party named on the Certificate shall match the name of the Licensee identified in this License. Certificates shall provide the full name of each insurer providing coverage, its NAIC (National Association of Insurance Commissioners) identification number, its financial rating, the amounts of any policy deductibles or self- insured retentions exceeding twenty five thousand ($25,000.00) dollars, and list any Licensor required endorsement forms. • Neither the Licensor's failure to obtain, nor the Licensor's receipt of, or failure to object to a non - complying insurance certificate or endorsement, or any other insurance documentation or information provided by the Licensee, its insurance broker(s) and /or insurer(s), shall be construed as a waiver of any of the Required Insurance provisions. • Certificates and copies of any required endorsements, notices of cancellation shall be delivered to: County Librarian County of Los Angeles Public Library 7400 E. Imperial Highway Downey, CA 90242 Licensee also shall promptly notify Licensor of any third party claim or suit filed against Licensee which arises from or relates to this License, and could result in the filing of a claim or lawsuit against Licensee and /or Licensor. HOA.1010138.1 -6 of 18- Agreement No. PL- ROS -01 B. Additional Insured Status and Scope of Coverage County Indemnities shall be provided additional insured status under Licensee's General Liability policy with respect to liability arising from or connected with the Licensee's acts, errors, and omissions arising from and /or relating to the Licensee's operations on and /or its use of the premises. Licensor's additional insured status shall apply with respect to liability and defense of suits arising out of the Licensee's acts or omissions, whether such liability is attributable to the Licensee or to the Licensor. The full policy limits and scope of protection also shall apply to the Licensor as an additional insured, even if they exceed the Licensor's minimum Required Insurance specifications herein. Use of an automatic additional insured endorsement form is acceptable providing it satisfies the Required Insurance provisions herein. C. Cancellation of or Change of Insurance Licensee shall provide County with, or Licensee's insurance policies shall contain a provision that County shall receive, written notice of cancellation or any change in Required Insurance, including insurer, limits of coverage, term of coverage or policy period. The written notice shall be provided to County at least ten (10) days in advance of cancellation for non - payment of premium and thirty (30) days in advance for any other cancellation or policy change. Failure to provide written notice of cancellation or any change in Required Insurance may constitute a material breach of the License, in the sole discretion of the County, upon which the County may suspend or terminate this Contract D. Failure to Maintain Insurance Licensee's failure to maintain or to provide acceptable evidence that it maintains the Required Insurance shall constitute a material breach of the License, upon which County immediately may suspend or terminate this License. County, at its sole discretion, may obtain damages from Licensee resulting from said breach. Alternatively, the County may purchase the Required Insurance, and without further notice to Licensee and pursue Licensee for reimbursement. Use of the Licensed Area shall not commence until Licensee has complied with the insurance requirements, and shall be suspended during any period that Licensee fails to maintain said policies in full force and effect. E. Compensation for County Costs In the event that Licensee fails to comply with any of the indemnification or insurance requirements of this License, and such failure to comply results in any costs to County, Licensee shall pay full compensation for all reasonable costs incurred by County. HOA.1010138.1 -7 of 18- Agreement No. PL- ROS -01 F. Insurer Financial Ratings Insurance is to be provided by an insurance company authorized to do business in California and acceptable to the Licensor, with an A.M. Best rating of not less than A:VII, unless otherwise approved by the Licensor. G. Licensee's Insurance Shall Be Primary Licensee's insurance policies, with respect to any claims related to this License, shall be primary with respect to all other sources of coverage available to Licensor. Any Licensor maintained insurance or self- insurance coverage shall be in excess of and not contribute to any Licensee coverage. H. Waiver of Subrogation To the fullest extent permitted by law, the Licensee hereby waives its and its insurer(s) rights of recovery against Licensor under all required insurance policies for any loss arising from or related to this License. The Licensee shall require its insurers to execute any waiver of subrogation endorsements which may be necessary to affect such waiver. I. Deductibles and Self- insured Retentions (SIRs) Licensee's policies shall not obligate the Licensor to pay any portion of any Licensee deductible or SIR. The Licensor retains the right to require Licensee to reduce or eliminate policy deductibles and SIRs as respects the Licensor, or to provide a bond guaranteeing Licensee's payment of all deductibles and SIRs, including all related claims investigation, administration and defense expenses. Such bond shall be executed by a corporate surety licensed to transact business in the State of California. J. Claims Made Coverage If any part of the Required Insurance is written on claims made basis, any policy retroactive date shall precede the start date of this License. Licensee understands and agrees it shall maintain such coverage for a period of not less than three (3) years following License expiration, termination or cancellation. K. Application of Excess Liability Coverage Licensee may use a combination of primary and excess insurance policies which provide coverage as broad as ( "follow form" over) the underlying primary policies, to satisfy the Required Insurance provisions. HOA.1010138.1 -8 of 18- Agreement No. PL- ROS -01 L. Separation of Insureds All liability policies shall provide cross - liability coverage as would be afforded by the standard ISO (Insurance Services Office, Inc.) separation of insureds provision with no insured versus insured exclusions or limitations. M. Licensor Review and Approval of Insurance Requirements The Licensor reserves the right to review and adjust the Required Insurance provisions, conditioned upon Licensor's determination of changes in risk exposures. III. INSURANCE COVERAGE TYPES AND LIMITS A. Commercial General Liability insurance (providing scope of coverage equivalent to ISO policy form CG 00 01), naming County Indemnities as an additional insured, with limits of not less than: General Aggregate: $ 2 million Products /Completed Operations Aggregate: $ 1 million Personal and Advertising Injury: $ 1 million Each Occurrence: $ 1 million B. Automobile Liability insurance (providing scope of coverage equivalent to ISO policy form CA 00 01) with limits of not less than $1 million for bodily injury and property damage, in combined or equivalent split limits, for each single accident. Insurance shall cover liability arising out of Licensee's use of autos pursuant to this License, including owned, leased, hired, and /or non - owned autos, as each may be applicable. C. Workers Compensation and Employers' Liability insurance or qualified self- insurance satisfying statutory requirements, which includes Employers' Liability coverage with limits of not less than $1 million per accident. If applicable to Licensee's operations, coverage also shall be arranged to satisfy the requirements of any federal workers or workmen's compensation law or any federal occupational disease law. D. Commercial Property Insurance. Such insurance shall: • Provide coverage for Licensor's property and any improvements and betterments; this coverage shall be at least as broad as that provided by the Causes -of -Loss Special Form (ISO form CP 10 30), excluding earthquake and including flood and ordinance or law coverage. • Be written for the full replacement cost of the property, with a deductible no greater than $250,000 or 5% of the property value, whichever is less. HOA.1010138.1 -9 of 18- Agreement No. PL- ROS -01 Insurance proceeds shall be payable to the Licensee and Licensor as their interests may appear. E. Contractor(s) Insurance Requirements — Types and Limits: Licensee shall require it's General Contractor ( "Contractor ") to maintain the following insurance: 1. Builder's Risk Course of Construction Insurance. Such coverage shall: Insure against damage from perils covered by the Causes -of -Loss Special Form (ISO form CP 10 30), and be endorsed to include ordinance or law coverage, coverage for temporary offsite storage, debris removal, pollutant clean -up and removal, preservation of property, and full collapse coverage during construction (without restricting collapse coverage to specified perils). Such insurance shall be extended to include boiler & machinery coverage for air conditioning, heating and other equipment testing. Be written on a completed value basis and cover the entire value of the construction, including any Licensee and County furnished materials and equipment, against loss or damage until completion accepted by Licensee. 2. General Liability Insurance: written on ISO policy form CG 00 01 or its equivalent with limits of not less than those specified or evidence of such excess insurance to meet these requirements: General Aggregate: $2 million Products /Completed Operations Aggregate: $2 million Personal and Advertising injury $1 million Each Occurrence: $1 million The products /completed operations coverage shall continue to be maintained in the amount indicated above for at least five (5) years from the date construction is completed and accepted by Licensee. 3. Automobile Liability insurance: Written on ISO policy form CA 00 01 or its equivalent with a limit of liability of not less than $1 million for bodily injury property damage, in combined or its equivalent split limits, for each single accident. Such insurance shall cover liability arising out of Contractor's use of vehicles pursuant to this License, including owned, leased, hired, and /or non -owned autos, as each may be applicable. 4. Workers Compensation and Employers' Liability insurance or qualified self- insurance satisfying statutory requirements. Such coverage shall HOA.1010138.1 -10 Of 18- Agreement No. PL- ROS -01 provide Employers' Liability coverage with limits of not less than $1 million per accident. Such policy shall be endorsed to waive subrogation against the indemnified Parties for injury to the Contractor's employees. If the Contractor's employees will be engaged in maritime employment, the coverage shall provide the benefits required by the U.S. Longshore and Harbor Workers Compensation Act, Jones Act or any other federal law to which the Contractor is subject. 5. Asbestos or Pollution Abatement Liability Insurance: If construction requires remediation of asbestos or pollutants. Such insurance shall cover liability for personal injury and property damage arising from the release, discharge, escape, dispersal, or emission of asbestos or pollutants, whether gradual or sudden, and include coverage for the costs and expenses associated with voluntary clean -up, testing, monitoring, and treatment of asbestos or pollutants in compliance with governmental mandate or requests. If the asbestos or pollutant will be removed from the construction site, asbestos or pollution liability is also required under the Contractor's or subcontractor's Automobile Liability Insurance. Contractor shall maintain limits of not less than $3 million. 6. Contractors Pollution Liability: Contractor and all Subcontractors shall be covered for pollution liability, including transportation and cleanup arising from the handling, application or other release of pollution from operations under this contract. Coverage shall be for sudden and accidental occurrences with limits no less than $3 million. Coverage shall apply for the entire construction period and include coverage for completed operations for a period of at least ten (10) years after final completion. 7. Performance Security Requirements. Prior to execution of the construction contract between Licensee and its Contractor ( "Construction Contract "), the Contractor shall file surety bonds with the Licensee in the amounts and for the purposes noted below. All bonds issued in compliance with the Construction Contract shall be duly executed by a solvent surety company that is authorized by the State of California, is listed in the United States Department of Treasury's Listing of Approved Sureties Treasury (Circular 570) (see www.fms.treas.gov /c570n and is satisfactory to the Licensee, and it shall pay all premiums and costs thereof and incidental thereto. Each bond shall be signed by both the Licensee's Contractor (as Principal) and the Surety. The Licensee shall require its Contractor to provide two surety bonds with good and sufficient sureties: the first in the sum of not less than 80% of the Contract price to assure the payment of claims of material men HOA.1010138.1 -11 of 18- Agreement No. PL- ROS -01 supplying materials to the Contractor, subcontractors and mechanics and laborers employed by the Contractor for work on the Public Plaza ( "Work ") and the second in the sum of not less than 100% of the Contract price to assure the faithful performance of the Construction Contract. 8. The "Materials and Labor Bond" (or "Payment Bond ") shall be so conditioned as to insure to the benefit of persons furnishing materials for or performing labor upon the Work. This bond shall be maintained by the Contractor in full force and effect until Work is completed and accepted by the Licensee, and until all claims for materials, labor and subcontracts are paid. 9. The "Bond for Faithful Performance" shall be so conditioned as to assure the faithful performance by the Contractor of all Work under said Construction Contract, within the time limits prescribed, including any maintenance and warranty provisions, in a manner that is satisfactory and acceptable to the Licensee, that all materials and workmanship supplied by Contractor will be free from original or developed defects, and that should original or developed defects or failures appear within a period of one (1) year from the date of Acceptance of the Work by the Licensee, the Contractor shall, at Contractor's own expense, make good such defects and failures and make all replacements and adjustments required, within a reasonable time after being notified by the Licensee to do so, and to the approval of the County. This bond shall be maintained by the Contractor in full force and effect during the performance of the Work under this License and for a period of one (1) year after acceptance of the Work by the Licensee. Should any surety or sureties upon said bonds or any of them become insufficient or be deemed unsatisfactory by the Licensee, said Contractor shall replace said bond or bonds with good and sufficient sureties within ten (10) days after receiving notice from the Licensee that the surety or sureties are insufficient or unsatisfactory. Licensee shall stipulate in the Construction Contract that no further payment shall be deemed due or will be made to Contractor until the new sureties shall qualify and be accepted by the Licensee. 7. TRANSFERS Licensee acknowledges that the rights conferred herein are personal to Licensee and do not operate to confer on or vest in Licensee any title, interest, or estate in the Licensed Area or any part thereof, and therefore, Licensee shall not assign, hypothecate or mortgage the Licensed Area or any portion thereof, by, through, or pursuant to this License. HOA.1010138.1 -12 of 18- Agreement No. PL- ROS -01 8. NONDISCRIMINATION Licensee certifies and agrees that all persons employed by Licensee and /or by the affiliates, subsidiaries, or holding companies thereof are and shall be treated equally without regard to or because of race, ancestry, national origin, or sex, and in compliance with all Federal and State laws prohibiting discrimination in employment, including, but not limited to, the Federal Civil Rights Act of 1964; the Unruh Civil Rights Act; the Cartwright Act; the State Fair Employment Practices Act; and the Americans with Disabilities Act. 9. DEFAULT Licensee agrees that if default shall be made in any of the covenants and agreements herein contained to be kept by Licensee, County may forthwith revoke and terminate this License, in addition to any of County's other rights and remedies provided at law and in equity. Notwithstanding anything to the contrary contained in this License, Licensee shall not be in default under this License and County may not terminate the License if: (1) Licensee cures the default within the thirty (30) days after notice is given, or (2) the default cannot reasonably be cured within the thirty (30) days after notice is given, but Licensee reasonably commences to cure the default within the thirty (30) day period and diligently and in good faith continues to cure the default to completion. 10. WAIVER 10.01 Any waiver by either party of any breach of any one or more of the covenants, conditions, terms and agreements herein contained shall not be construed to be a waiver of any subsequent or other breach of the same or of any other covenant, condition, term or agreement herein contained, nor shall failure on the part of either party to require exact, full and complete compliance with any of the covenants, conditions, terms or agreements herein contained be construed as in any manner changing the terms of this License or stopping either party from enforcing the full provisions hereof. 10.02 No option, right, power, remedy, or privilege of either party shall be construed as being exhausted by the exercise thereof in one or more instances. The rights, powers, options and remedies given either party by this License shall be cumulative. 11. SURRENDER Upon expiration of the term hereof or cancellation thereof as herein provided, Licensee shall peaceably vacate the Licensed Area and deliver the Licensed Area to County in reasonably good condition. HOA.1010138.1 -13 of 18- Agreement No. PL- ROS -01 12. County Library shall be responsible for the enforcement of this License on behalf of County and shall be assisted therein by those officers, employees, or committees of County having duties in connection with the administration thereof. 13. COUNTY LOBBYIST ORDINANCE Licensee is aware of the requirements of Chapter 2.160 of the Los Angeles County Code with respect to County Lobbyists as such are defined in Section 2.160.010 of said Code, and certifies full compliance therewith. Failure to fully comply shall constitute a material breach upon which County may terminate or suspend this License. 14. NOTICES Any notice required to be given under the terms of this License or any law applicable thereto may be placed in a sealed envelope, with postage paid, addressed to the person on whom it is to be served, and deposited in a post office, mailbox, sub post office, substation, mail chute, or other like facility regularly maintained by the United States Postal Service. The address to be used for any notice served by mail upon Licensee shall be: City of Rosemead Attn: Public Works Department 8838 E. Valley Boulevard Rosemead, CA 91770 or such other place as may hereinafter be designated in writing to the County by Licensee. Notice served by mail upon County shall be addressed to: County Librarian County of Los Angeles Public Library 7400 E. Imperial Highway Downey, CA 90242 with a copy to: Chief Executive Office Real Estate Division - Property Management 222 South Hill Street, 3`d Floor Los Angeles, CA 90012 or such other place as may hereinafter be designated in writing to Licensee by the Chief Executive Officer. Service by mail shall be deemed complete upon deposit in the above - mentioned manner. HOA.1010138.1 -14 of 18- Agreement No. PL- ROS -01 15. REPAIR OF DAMAGE Licensee shall, at Licensee's sole expense, be responsible for the cost of repairing any area of the Licensed Area, which is damaged by Licensee or Licensee's agents, employees, invitees or visitors, including the repair of low voltage electronic, telecommunications, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Licensee. All repairs and replacements shall: (a) be made and performed by contractors or mechanics approved by the County, which approval shall not be unreasonably withheld or delayed; (b) be at least equal in quality, value and utility to the original work or installation; and (c) be in accordance with all laws. 16. DAMAGE OR DESTRUCTION Should the Licensed Area be damaged by fire, incidents of war, earthquake, or other violent action of the elements, County shall have the option to terminate this License. 17. SOLICITATION OF CONSIDERATION 17.01 It is improper for any County officer, employee or agent to solicit consideration, in any form, from a Licensee with the implication, suggestion or statement that the Licensee's provision of consideration may secure more favorable treatment for the Licensee in the award of the License or that the Licensee's failure to provide such consideration may negatively affect the County's consideration of the Licensee's submission. A Licensee shall not offer to or give, either, directly or through an intermediary, consideration, in any form, to a County officer, employee or agent for the purpose of securing favorable treatment with respect to the issuance of a License. 17.02 Licensee shall immediately report any attempt by a County officer, employee or agent to solicit such improper consideration. The report shall be made either to the County manager charged with the supervision of the employee or to the County Auditor - Controller Employee Fraud Hotline at (213) 974 -0914 or (800) 544- 6861. Failure to report such solicitation may result in the License being terminated. 18. CONFLICT OF INTEREST No County employee whose position in County service enables him /her to influence obtaining or awarding any lease, license or permit, and no spouse or economic dependent of such employee, shall be employed in any capacity by the Licensee herein, or have any other direct or indirect financial interest resulting from this License. 19. ACKNOWLEDGMENT OF INELIGIBILITY FOR RELOCATION ASSISTANCE Licensee hereby disclaims any status as a "displaced person" as such is defined in Government Code Section 7260 and hereby acknowledges his /her ineligibility for HOA.1010138.1 -15 Of 18- Agreement No. PL- ROS -01 relocation assistance as provided in Government Code Section 7260 through 7276, inclusive, as interpreted in Title 25, Chapter 6, Section 6034(b) (1) of the California Administrative Code upon the future cancellation or termination of this License. 20. SIGNATURE AUTHENTICITY CLAUSE The individual(s) executing this License hereby personally covenants, guarantees and warrants that he /she has the power and authority to obligate the Licensee to the terms and conditions in this License. Upon approval, a signed original will be mailed to Licensee. 21. TAXATION OF LICENSED AREA 21.01 The interest (as defined in California Revenue and Taxation Code Section 107) in the Licensed Area created by this License may be subject to property taxation if created. The party in whom any such property interest is vested may be subject to the payment of the property taxes levied on the interest. 21.02 Licensee shall pay before delinquency all lawful taxes, assessments, fees or charges which at any time may be levied by the Federal, State, County, City, or any other tax or assessment - levying body upon the Licensed Area and any improvements located thereon. 21.03 If Licensee fails to pay any lawful taxes or assessments upon the Licensed Area which Licensee is obligated to pay, Licensee will be in default of the License. 21.04 County reserves the right to pay any such tax, assessment, fee or charge, and all monies so paid by County shall be repaid by Licensee to County upon demand. Licensee and County agree that this is a license and not a lease and no real estate interest is being conveyed herein. 22. INTERPRETATION Unless the context of this License clearly requires otherwise: (i) the plural and singular numbers shall be deemed to include the other; (ii) the masculine, feminine and neuter genders shall be deemed to include the others; (iii) "or' is not exclusive; and (iv) "includes" and "including" are not limiting. 23. GOVERNING LAW AND FORUM This License shall be governed by and construed in accordance with the internal laws of the State of California. Any litigation with respect to this License shall be conducted in the courts of the County of Los Angeles, State of California. HOA.1010138.1 -16 of 18- Agreement No. PL- ROS -01 24. ENTIRE AGREEMENT This License contains the entire agreement between the parties hereto, and no addition or modification of any terms or provisions shall be effective unless set forth in writing, signed by both County and Licensee. SIGNATURE PAGE FOLLOWS / HOA.1010138.1 -17 Of 18- Agreement No. PL- ROS -01 IN WITNESS WHEREOF, Licensee has executed this License or caused it to be duly executed, and County of Los Angeles, pursuant to the order of the Los Angeles County Board of Supervisors, has caused this License to be executed on its behalf by the County Librarian on the day, month and year first written above. LICENSEE: CITY OF ROSEMEAD By: Jeff Ilred, ity Manaber ATTEST: City Clerk Glorii d. APPROVED AS TO FORM: Bye /i! %6 /rn Racc et�m , City Afforney ATTEST: DEAN C. LOGAN Registrar , order /County Clerk 1 By: Date: �r APPROVED AS TO FORM: JOHN F. KRATTLI CC 2 COUNTY OF LOS ANGELES MARGARET DONNELLAN TODD County Librarian Date HOA.1010138.1 -18 of 18- 16/15/f3 \1 County .5 Angele s Library Margaret Donnellan Todd County Librarian October 22, 2013 County of Los Angeles Public Library In www.colapublib.org 7400 East Imperial Hwy., Downey, CA 90242 ■ (562) 940 -8400 Jeff Allred, City Manager City of Rosemead Attn.: Public Works Department 8838 E. Valley Boulevard Rosemead, CA 91770 Dear Mr. Allred: AGREEMENT NUMBER PL- ROS -01 Enclosed for your records is copy of the fully executed contract as follows: a res t + t t xGUro Fx • Agreement Number PL- ROS -01 Non - Exclusive License Agreement for the City of Rosemead Public Plaza. If you have any questions, please contact Gilbert Garcia, Contract Supervisor, at (562) 940 -8478 or at ggarcia @library.lacounty.gov. Sincerely, UP 41 =I Gilbert Garcia Contract Supervisor, Public Library Enclosure GG:mar LIASTAFFSERVICEMUPPORT SERVICES21Agreement Memos\ LETTER - TO CONTRACTOR- ORIGINAL Ucense Agreement for the City of Rosemead.doc ;F- 7 l7 rf Agreement No. PL- ROS -01 NON - EXCLUSIVE LICENSE AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES Wl THE CITY OF ROSEMEAD FOR THE PUBLIC PLAZA Agreement No. PL- ROS -01 TABLE OF CONTENTS SECTION TITLE PAGE RECITALS......................................................................................... ..............................1 1. LICENSED AREA ................................................................... ..............................1 2. TERM ..................................................................................... ..............................2 3. PAYMENT .............................................................................. ..............................3 4. OPERATING RESPONSIBILITIES ......................................... ..............................3 5. AMENDMENTS ...................................................................... ..............................4 6. INDEMNIFICATION AND INSURANCE REQUIREMENTS ... ..............................5 7. TRANSFERS ......................................................................... .............................12 8. NONDISCRIMINATION ......................................................... .............................13 9. DEFAULT .............................................................................. .............................13 10. WAIVER ................................................................................. .............................13 11. SURRENDER ........................................................................ .............................13 12. ENFORCEMENT ................................................................... .............................14 13. COUNTY LOBBYIST ORDINANCE ...................................... .............................14 14. NOTICES ............................................................................... .............................14 15. REPAIR OF DAMAGE ........................................................... .............................15 16. DAMAGE OR DESTRUCTION .............................................. .............................15 17. SOLICITATION OF CONSIDERATION ................................. .............................15 18. CONFLICT OF INTEREST .................................................... .............................15 19. ACKNOWLEDGMENT OF INELIGIBILITY FOR RELOCATION ASSISTANCE........................................................................ .............................15 20. SIGNATURE AUTHENTICITY CLAUSE ............................... .............................16 21. TAXATION OF LICENSED AREA ......................................... .............................16 22. INTERPRETATION ................................................................ .............................16 23. GOVERNING LAW AND FORUM ......................................... .............................16 24. ENTIRE AGREEMENT .......................................................... .............................17 SIGNATURES.................................................................................. .............................18 Agreement No. PL- ROS -01 NON — EXCLUSIVE LICENSE AGREEMENT THIS NON - EXCLUSIVE LICENSE AGREEMENT ( "License ") is made and entered into this /t,-Ih day of &-4ip�ke l J2013 BY AND BETWEEN COUNTY OF LOS ANGELES, a body corporate and politic ( "County" or "Licensor "), AND CITY OF ROSEMEAD, a body corporate and politic ( "Licensee "). RECITALS: County is the owner of certain real property located at 8800 Valley Boulevard, Rosemead, California and is authorized to license use of the property pursuant to Gov. Code 25537 and /or 26227; and Licensee desires to construct a Public Plaza, which shall be located on County property and Licensee's property; Licensee is desirous of using on a non - exclusive basis, only a portion of said real property, which is not required exclusively for County use. In consideration of the mutual promises, covenants, and conditions set forth herein, the parties hereto and each of them do agree as follows: 1. LICENSED AREA 1.01 County hereby provides a non - exclusive License to Licensee and Licensee hereby agrees to the use, upon the terms and conditions hereinafter set forth, the County-owned portion of the area located between the Rosemead Public Library (8800 Valley Boulevard, Rosemead, California) and the Rosemead City Hall (8838 East Valley Boulevard, Rosemead, California) ( "Licensed Area ") as shown on Exhibit A, which is attached hereto and thereby made a part hereof. 1.02 The Licensed Area shall be used by the Licensee for the purpose of designing, developing, constructing and maintaining a Public Plaza and such other purposes as are related thereto at its sole cost. Once the Public Plaza improvements are constructed, the Licensee is permitted to use the Public Plaza for City events. The Parties agree that use of the Licensed Area will be coordinated between both parties. 1.03 Licensee has the right to relocate the Dedication Plaque onto Licensee's property and must maintain and repair as needed at Licensee's sole cost. 1.04 Licensee shall make no other alterations or improvements to the Licensed HOA.1010138.1 -1 of 18- Agreement No. PL- ROS -01 Area without prior consultation with the County at a weekly construction meeting, or some other forum to be agreed upon by the parties, other than those depicted and described on Exhibit A. Alterations that substantially differ from those alterations depicted at Exhibit A shall not proceed without the written approval of the County. Licensee shall commence and complete construction within twelve (12) months from full execution of this License. 1.05 In the event that Licensee makes any alterations or improvements in violation of Section 1.04 of this License, County may immediately and without prior notice to Licensee exercise any or all of following options: (a) Require Licensee to immediately remove all alterations and improvements and restore the Licensed Area to its pre- existing condition; (b) Remove the alterations or improvements and charge Licensee for the cost of such removal; (c) Notify Licensee of County's intent to retain any and all improvements installed by Licensee in violation of Section 1.03 upon termination of the License; and /or (d) Terminate the License and require Licensee to vacate the Licensed Area immediately. 1.06 Licensee acknowledges that Licensee has performed a personal inspection of the Licensed Area and the surrounding area and evaluation of the extent to which the physical condition thereof will affect the License. Licensee accepts the Licensed Area in its present physical condition and agrees to make no demands upon County for any improvements or alterations thereof. 1.07 Licensee hereby acknowledges the title of County or other legal right of possession or its successors in and to the Licensed Area and covenants and agrees never to assail, contest or resist said title. 1.08 Licensee acknowledges and agrees that, during the term hereof, County may elect to construct or cause to be constructed improvements on or affecting the Licensed Area, and in such event, Licensee acknowledges and agrees that certain portions of the Licensed Area may be unavailable for Licensee's use. Licensee further agrees not to interfere with any construction conducted on the Licensed Area. However, County shall consult with the Licensee prior to making any such alterations and make reasonable efforts to integrate the Licensees comments regarding proposed alterations. 2. TERM 2.01 The initial term of this License shall be for a period of twenty (20) years ( "Initial Term ") commencing upon execution of this License by the County (the "Commencement Date "). Licensee shall have two options (each, an "Option ") to extend HOA.1010138.1 -2 of 18- Agreement No. PL- ROS -01 the Initial Term of this License for two additional periods of ten (10) years each (each an "Additional Term," and collectively "Additional Terms "). Each of the two Additional Terms will commence automatically without notice unless: (i) Licensee is in default of this License on the date which an Additional Term would otherwise commence; or (ii) County or Licensee terminates this License by giving notice at least thirty (30) days before the end of the Initial Term or the then - current Additional Term, as applicable. 2.02 Neither party shall have the right to terminate this License prior to the expiration of the Initial Term or during the Additional Term, except upon default of this License. The County will endeavor, but shall not be required, to give at least thirty (30) days advance notice of such termination. Notwithstanding the foregoing provision, this License may be immediately cancelled in the event of an emergency or unsafe condition. 3. PAYMENT The use of the Licensed Area shall be gratis. Consideration for this License shall be Licensee's adherence to the terms and conditions of the License. 4. OPERATING RESPONSIBILITIES 4.01 Compliance with Law. Licensee's operations in and use of the Licensed Area shall conform to and abide by all County ordinances and all State and Federal laws and regulations insofar as the same or any of them are applicable; and where permits and /or licenses are required for Licensee's specific use of the Licensed Area, the same must be first obtained from the regulatory agency having jurisdiction herein. County shall maintain the Licensed Area in compliance with all applicable County ordinances and State and Federal laws and regulations. 4.02 Signs. Licensee shall not post signs or advertising matter upon the Licensed Area unless prior approval therefore is obtained from the County, whose approval shall not be unreasonably withheld. 4.03 Sanitation. No offensive matter or refuse or substance constituting an unnecessary, unreasonable, or unlawful fire hazard, or material detrimental to the public health, shall be permitted or remain on the Licensed Area, and Licensee shall prevent any accumulation thereof from occurring. Licensee shall pay all charges which may be made for the removal thereof. 4.04 Design and Construction. Licensee shall be responsible for designing and constructing the Public Plaza, which includes the Licensed Area, at no cost to the County. All documents and decisions are subject to mutual approval. All work performed shall be directly supervised by a designated Licensee representative. Once established, no work shall take place within the Licensed Area without a Licensee representative present. 4.05 Maintenance and Repairs. Licensee shall be responsible for the HOA.1010138.1 -3 of 18- Agreement No. PL- ROS -01 maintenance and repair of the Licensed Area, which includes but not limited to water features, grounds, water fountains, landscape and lighting. Licensed Area shall be maintained and repaired to the reasonable satisfaction of the County. Repairs to the hardscape (sidewalk and benches) will be the responsibility of the County. Any drinking water and /or water contained in a water feature shall be subject to the Los Angeles County Public Code requirements. In the event Licensee fails to maintain the Licensed Area within thirty (30) days of written notice to Licensee, County reserves the right to cure and bill Licensee for all costs. In the event the failure to maintain creates a hazardous or dangerous condition, the County shall call the Licensee which shall immediately repair such condition. If the Licensee does not immediately repair the County retains the right to do so with oral notice to the Licensee, to be followed by written notice as soon as practical thereafter and the Licensee will reimburse the County for all such costs to repair. 4.06 Utilities. County shall be responsible for payment of electricity necessary for operation of the Public Plaza. Licensee shall be responsible for payment of water necessary for operation of the Public Plaza, including the Licensed Area. 4.07 Examination of Licensed Area. Licensee shall permit authorized representatives of the County to enter the Licensed Area for the purpose of determining whether the authorized activities are being conducted in compliance with the terms of this License, or for any other purpose incidental to the performance of the duties required by the Los Angeles County Code. 4.08 Responsibility Limit. Licensee shall have no responsibility or obligation to provide any other services of any kind other than those described in this License. 4.09 Space Use Permits. Licensee acknowledges that any third party will be required to request a Space Use Permit from the County's Chief Executive Office for any use of Licensed Area. If the Licensee allows alcohol consumption pursuant to its use of this License, it must seek the permission of County and go through the County process to seek approval thereof. 5. AMENDMENTS 5.01 No representative of either County or Licensee, including those named in this License, is authorized to make changes in any of the terms, obligations or conditions of this License, except through the procedures set forth in this Paragraph 5. 5.02 For any change request by either party which affects any term or condition included in this License, a negotiated written Amendment to this License shall be prepared and executed by County and Licensee's authorized representative. 5.03 The County Librarian has delegated authority by the Board of Supervisors to amend this License consistent with County policy. A negotiated Amendment shall be executed by the County Librarian, or his /her designee. HOA.1010138.1 -4 of 18- Agreement No. PL- ROS -01 5.04 Such Amendments shall be authorized under the following conditions: (a) Amendments shall be in compliance with all applicable Federal, State, City and County laws, rules, regulations, ordinances, guidelines, and directives; and (b) The County Librarian ensures that such Amendments are approved by the County's Chief Executive Officer, and as to form by County Counsel; and (c) The County Librarian shall file a copy of all Amendments with the Executive Office of the County's Board of Supervisors within fifteen (15) days after execution of each Amendment. 6. INDEMNIFICATION AND INSURANCE REQUIREMENTS: During the term of this License, the following indemnification and insurance requirements shall be in effect. I. INDEMNIFICATION The Licensee and its agents and employees, shall indemnify, defend and hold harmless the County, its Special Districts, elected and appointed officers, employees, agents and volunteers (collectively "County Indemnitees "), from and against any and all liability, including but not limited to demands, claims, actions, fees, costs and expenses (including attorney and expert witness fees), arising from and /or relating to this License, except for such loss or damage arising from the sole negligence or willful misconduct of the County Indemnitees. The County and its agents or employees shall indemnity, defend and hold harmless the Licensee, its elected and appointed officers, employees, agents and volunteers (collectively "Licensee Indemnitees "), from and against any and all liability, including but not limited to demands, claims, actions, fees, costs and expenses (including attorney and expert witness fees), arising from and /or relating to the sole negligence or willful misconduct of the Licensee within Licensed Area. H. GENERAL INSURANCE PROVISIONS - LICENSEE REQUIREMENTS Without limiting the Licensee's indemnification of Licensor and during the term of this License, and until all of its obligations pursuant to this License have been met, Licensee shall provide and maintain at its own expense insurance coverage satisfying the requirements specified in this License. These minimum insurance coverage terms, types and limits (the "Required Insurance ") also are in addition to and separate from any other contractual obligation imposed upon Licensee pursuant to this License. The Licensor in no way warrants that the Required HOA.1010138.1 -5 of 18- Agreement No. PL- ROS -01 Insurance is sufficient to protect the Licensee for liabilities which may arise from or relate to this License. A. Evidence of Coverage and Notice to Licensor • Certificate(s) of insurance coverage (Certificate) satisfactory to Licensor, and a copy of an Additional Insured endorsement confirming County Indemnities have been given Insured status under the Licensee's General Liability policy, shall be delivered to Licensor at the address shown below and provided prior to the start day of this License. • Renewal Certificates shall be provided to Licensor not less than ten (10) days prior to Licensee's policy expiration dates. The Licensor reserves the right to obtain complete, certified copies of any required Licensee insurance policies at any time. • Certificates shall identify all Required Insurance coverage types and limits specified herein, reference this License by name or number, and be signed by an authorized representative of the insurer(s). The Insured party named on the Certificate shall match the name of the Licensee identified in this License. Certificates shall provide the full name of each insurer providing coverage, its NAIC (National Association of Insurance Commissioners) identification number, its financial rating, the amounts of any policy deductibles or self- insured retentions exceeding twenty five thousand ($25,000.00) dollars, and list any Licensor required endorsement forms. • Neither the Licensor's failure to obtain, nor the Licensor's receipt of, or failure to object to a non - complying insurance certificate or endorsement, or any other insurance documentation or information provided by the Licensee, its insurance broker(s) and /or insurer(s), shall be construed as a waiver of any of the Required Insurance provisions. • Certificates and copies of any required endorsements, notices of cancellation shall be delivered to: County Librarian County of Los Angeles Public Library 7400 E. Imperial Highway Downey, CA 90242 Licensee also shall promptly notify Licensor of any third party claim or suit filed against Licensee which arises from or relates to this License, and could result in the filing of a claim or lawsuit against Licensee and /or Licensor. HOA.1010138.1 -6 of 18- Agreement No. PL- ROS -01 B. Additional Insured Status and Scope of Coverage County Indemnities shall be provided additional insured status under Licensee's General Liability policy with respect to liability arising from or connected with the Licensee's acts, errors, and omissions arising from and /or relating to the Licensee's operations on and /or its use of the premises. Licensor's additional insured status shall apply with respect to liability and defense of suits arising out of the Licensee's acts or omissions, whether such liability is attributable to the Licensee or to the Licensor. The full policy limits and scope of protection also shall apply to the Licensor as an additional insured, even if they exceed the Licensor's minimum Required Insurance specifications herein. Use of an automatic additional insured endorsement form is acceptable providing it satisfies the Required Insurance provisions herein. C. Cancellation of or Change of Insurance Licensee shall provide County with, or Licensee's insurance policies shall contain a provision that County shall receive, written notice of cancellation or any change in Required Insurance, including insurer, limits of coverage, term of coverage or policy period. The written notice shall be provided to County at least ten (10) days in advance of cancellation for non - payment of premium and thirty (30) days in advance for any other cancellation or policy change. Failure to provide written notice of cancellation or any change in Required Insurance may constitute a material breach of the License, in the sole discretion of the County, upon which the County may suspend or terminate this Contract D. Failure to Maintain Insurance Licensee's failure to maintain or to provide acceptable evidence that it maintains the Required Insurance shall constitute a material breach of the License, upon which County immediately may suspend or terminate this License. County, at its sole discretion, may obtain damages from Licensee resulting from said breach. Alternatively, the County may purchase the Required Insurance, and without further notice to Licensee and pursue Licensee for reimbursement. Use of the Licensed Area shall not commence until Licensee has complied with the insurance requirements, and shall be suspended during any period that Licensee fails to maintain said policies in full force and effect. E. Compensation for County Costs In the event that Licensee fails to comply with any of the indemnification or insurance requirements of this License, and such failure to comply results in any costs to County, Licensee shall pay full compensation for all reasonable costs incurred by County. HOA.1010138.1 -7 of 18- Agreement No. PL- ROS -01 F. Insurer Financial Ratings Insurance is to be provided by an insurance company authorized to do business in California and acceptable to the Licensor, with an A.M. Best rating of not less than A:VII, unless otherwise approved by the Licensor. G. Licensee's Insurance Shall Be Primary Licensee's insurance policies, with respect to any claims related to this License, shall be primary with respect to all other sources of coverage available to Licensor. Any Licensor maintained insurance or self- insurance coverage shall be in excess of and not contribute to any Licensee coverage. H. Waiver of Subrogation To the fullest extent permitted by law, the Licensee hereby waives its and its insurer(s) rights of recovery against Licensor under all required insurance policies for any loss arising from or related to this License. The Licensee shall require its insurers to execute any waiver of subrogation endorsements which may be necessary to affect such waiver. I. Deductibles and Self- Insured Retentions (SIRS) Licensee's policies shall not obligate the Licensor to pay any portion of any Licensee deductible or SIR. The Licensor retains the right to require Licensee to reduce or eliminate policy deductibles and SIRs as respects the Licensor, or to provide a bond guaranteeing Licensee's payment of all deductibles and SIRs, including all related claims investigation, administration and defense expenses. Such bond shall be executed by a corporate surety licensed to transact business in the State of California. J. Claims Made Coverage If any part of the Required Insurance is written on claims made basis, any policy retroactive date shall precede the start date of this License. Licensee understands and agrees it shall maintain such coverage for a period of not less than three (3) years following License expiration, termination or cancellation. K. Application of Excess Liability Coverage Licensee may use a combination of primary and excess insurance policies which provide coverage as broad as ( "follow form" over) the underlying primary policies, to satisfy the Required Insurance provisions. HOA.1010138.1 -8 Of 18- Agreement No. PL- ROS -01 L. Separation of Insureds All liability policies shall provide cross - liability coverage as would be afforded by the standard ISO (Insurance Services Office, Inc.) separation of insureds provision with no insured versus insured exclusions or limitations. M. Licensor Review and Approval of Insurance Requirements The Licensor reserves the right to review and adjust the Required Insurance provisions, conditioned upon Licensor's determination of changes in risk exposures. III. INSURANCE COVERAGE TYPES AND LIMITS A. Commercial General Liability insurance (providing scope of coverage equivalent to ISO policy form CG 00 01), naming County Indemnities as an additional insured, with limits of not less than: General Aggregate: $ 2 million Products /Completed Operations Aggregate: $ 1 million Personal and Advertising Injury: $ 1 million Each Occurrence: $ 1 million B. Automobile Liability insurance (providing scope of coverage equivalent to ISO policy form CA 00 01) with limits of not less than $1 million for bodily injury and property damage, in combined or equivalent split limits, for each single accident. Insurance shall cover liability arising out of Licensee's use of autos pursuant to this License, including owned, leased, hired, and /or non - owned autos, as each may be applicable. C. Workers Compensation and Employers' Liability insurance or qualified self- insurance satisfying statutory requirements, which includes Employers' Liability coverage with limits of not less than $1 million per accident. If applicable to Licensee's operations, coverage also shall be arranged to satisfy the requirements of any federal workers or workmen's compensation law or any federal occupational disease law. D. Commercial Property Insurance. Such insurance shall: • Provide coverage for Licensor's property and any improvements and betterments; this coverage shall be at least as broad as that provided by the Causes -of -Loss Special Form (ISO form CP 10 30), excluding earthquake and including flood and ordinance or law coverage. • Be written for the full replacement cost of the property, with a deductible no greater than $250,000 or 5% of the property value, whichever is less. HOA.1010138.1 -9 of 18- Agreement No. PL- ROS -01 Insurance proceeds shall be payable to the Licensee and Licensor as their interests may appear. E. Contractor(s) Insurance Requirements — Types and Limits: Licensee shall require it's General Contractor ( "Contractor ") to maintain the following insurance: 1. Builder's Risk Course of Construction Insurance. Such coverage shall: Insure against damage from perils covered by the Causes -of -Loss Special Form (ISO form CP 10 30), and be endorsed to include ordinance or law coverage, coverage for temporary offsite storage, debris removal, pollutant clean -up and removal, preservation of property, and full collapse coverage during construction (without restricting collapse coverage to specified perils). Such insurance shall be extended to include boiler & machinery coverage for air conditioning, heating and other equipment testing. Be written on a completed value basis and cover the entire value of the construction, including any Licensee and County furnished materials and equipment, against loss or damage until completion accepted by Licensee. 2. General Liability Insurance: written on ISO policy form CG 00 01 or its equivalent with limits of not less than those specified or evidence of such excess insurance to meet these requirements: General Aggregate: $2 million Products /Completed Operations Aggregate: $2 million Personal and Advertising injury $1 million Each Occurrence: $1 million The products /completed operations coverage shall continue to be maintained in the amount indicated above for at least five (5) years from the date construction is completed and accepted by Licensee. 3. Automobile Liability insurance: Written on ISO policy form CA 00 01 or its equivalent with a limit of liability of not less than $1 million for bodily injury property damage, in combined or its equivalent split limits, for each single accident. Such insurance shall cover liability arising out of Contractor's use of vehicles pursuant to this License, including owned, leased, hired, and /or non -owned autos, as each may be applicable. 4. Workers Compensation and Employers' Liability insurance or qualified self- insurance satisfying statutory requirements. Such coverage shall HOA.1010138.1 -10 of 18- Agreement No. PL- ROS -01 provide Employers' Liability coverage with limits of not less than $1 million per accident. Such policy shall be endorsed to waive subrogation against the indemnified Parties for injury to the Contractor's employees. If the Contractor's employees will be engaged in maritime employment, the coverage shall provide the benefits required by the U.S. Longshore and Harbor Workers Compensation Act, Jones Act or any other federal law to which the Contractor is subject. 5. Asbestos or Pollution Abatement Liability Insurance: If construction requires remediation of asbestos or pollutants. Such insurance shall cover liability for personal injury and property damage arising from the release, discharge, escape, dispersal, or emission of asbestos or pollutants, whether gradual or sudden, and include coverage for the costs and expenses associated with voluntary clean -up, testing, monitoring, and treatment of asbestos or pollutants in compliance with governmental mandate or requests. If the asbestos or pollutant will be removed from the construction site, asbestos or pollution liability is also required under the Contractor's or subcontractor's Automobile Liability Insurance. Contractor shall maintain limits of not less than $3 million. 6. Contractors Pollution Liability: Contractor and all Subcontractors shall be covered for pollution liability, including transportation and cleanup arising from the handling, application or other release of pollution from operations under this contract. Coverage shall be for sudden and accidental occurrences with limits no less than $3 million. Coverage shall apply for the entire construction period and include coverage for completed operations for a period of at least ten (10) years after final completion. 7. Performance Security Requirements. Prior to execution of the construction contract between Licensee and its Contractor ( "Construction Contract "), the Contractor shall file surety bonds with the Licensee in the amounts and for the purposes noted below. All bonds issued in compliance with the Construction Contract shall be duly executed by a solvent surety company that is authorized by the State of California, is listed in the United States Department of Treasury's Listing of Approved Sureties Treasury (Circular 570) (see www.fms.treas.gov /c570n and is satisfactory to the Licensee, and it shall pay all premiums and costs thereof and incidental thereto. Each bond shall be signed by both the Licensee's Contractor (as Principal) and the Surety. The Licensee shall require its Contractor to provide two surety bonds with good and sufficient sureties: the first in the sum of not less than 80% of the Contract price to assure the payment of claims of material men HOA.1010138.1 -11 of 18- Agreement No. PL- ROS -01 supplying materials to the Contractor, subcontractors and mechanics and laborers employed by the Contractor for work on the Public Plaza ( "Work ") and the second in the sum of not less than 100% of the Contract price to assure the faithful performance of the Construction Contract. 8. The "Materials and Labor Bond" (or "Payment Bond ") shall be so conditioned as to insure to the benefit of persons furnishing materials for or performing labor upon the Work. This bond shall be maintained by the Contractor in full force and effect until Work is completed and accepted by the Licensee, and until all claims for materials, labor and subcontracts are paid. 9. The "Bond for Faithful Performance" shall be so conditioned as to assure the faithful performance by the Contractor of all Work under said Construction Contract, within the time limits prescribed, including any maintenance and warranty provisions, in a manner that is satisfactory and acceptable to the Licensee, that all materials and workmanship supplied by Contractor will be free from original or developed defects, and that should original or developed defects or failures appear within a period of one (1) year from the date of Acceptance of the Work by the Licensee, the Contractor shall, at Contractor's own expense, make good such defects and failures and make all replacements and adjustments required, within a reasonable time after being notified by the Licensee to do so, and to the approval of the County. This bond shall be maintained by the Contractor in full force and effect during the performance of the Work under this License and for a period of one (1) year after acceptance of the Work by the Licensee. Should any surety or sureties upon said bonds or any of them become insufficient or be deemed unsatisfactory by the Licensee, said Contractor shall replace said bond or bonds with good and sufficient sureties within ten (10) days after receiving notice from the Licensee that the surety or sureties are insufficient or unsatisfactory. Licensee shall stipulate in the Construction Contract that no further payment shall be deemed due or will be made to Contractor until the new sureties shall qualify and be accepted by the Licensee. 7. TRANSFERS Licensee acknowledges that the rights conferred herein are personal to Licensee and do not operate to confer on or vest in Licensee any title, interest, or estate in the Licensed Area or any part thereof, and therefore, Licensee shall not assign, hypothecate or mortgage the Licensed Area or any portion thereof, by, through, or pursuant to this License. HOA.1010138.1 -12 of 18- Agreement No. PL- ROS -01 3 Licensee certifies and agrees that all persons employed by Licensee and /or by the affiliates, subsidiaries, or holding companies thereof are and shall be treated equally without regard to or because of race, ancestry, national origin, or sex, and in compliance with all Federal and State laws prohibiting discrimination in employment, including, but not limited to, the Federal Civil Rights Act of 1964; the Unruh Civil Rights Act; the Cartwright Act; the State Fair Employment Practices Act; and the Americans with Disabilities Act. 9. DEFAULT Licensee agrees that if default shall be made in any of the covenants and agreements herein contained to be kept by Licensee, County may forthwith revoke and terminate this License, in addition to any of County's other rights and remedies provided at law and in equity. Notwithstanding anything to the contrary contained in this License, Licensee shall not be in default under this License and County may not terminate the License if: (1) Licensee cures the default within the thirty (30) days after notice is given, or (2) the default cannot reasonably be cured within the thirty (30) days after notice is given, but Licensee reasonably commences to cure the default within the thirty (30) day period and diligently and in good faith continues to cure the default to completion. 10. WAIVER 10.01 Any waiver by either party of any breach of any one or more of the covenants, conditions, terms and agreements herein contained shall not be construed to be a waiver of any subsequent or other breach of the same or of any other covenant, condition, term or agreement herein contained, nor shall failure on the part of either party to require exact, full and complete compliance with any of the covenants, conditions, terms or agreements herein contained be construed as in any manner changing the terms of this License or stopping either party from enforcing the full provisions hereof. 10.02 No option, right, power, remedy, or privilege of either party shall be construed as being exhausted by the exercise thereof in one or more instances. The rights, powers, options and remedies given either party by this License shall be cumulative. 11. SURRENDER Upon expiration of the term hereof or cancellation thereof as herein provided, Licensee shall peaceably vacate the Licensed Area and deliver the Licensed Area to County in reasonably good condition. HOA.1010138.1 -13 of 18- Agreement No. PL- ROS -01 12. ENFORCEMENT County Library shall be responsible for the enforcement of this License on behalf of County and shall be assisted therein by those officers, employees, or committees of County having duties in connection with the administration thereof. 13. COUNTY LOBBYIST ORDINANCE Licensee is aware of the requirements of Chapter 2.160 of the Los Angeles County Code with respect to County Lobbyists as such are defined in Section 2.160.010 of said Code, and certifies full compliance therewith. Failure to fully comply shall constitute a material breach upon which County may terminate or suspend this License. 14. NOTICES Any notice required to be given under the terms of this License or any law applicable thereto may be placed in a sealed envelope, with postage paid, addressed to the person on whom it is to be served, and deposited in a post office, mailbox, sub post office, substation, mail chute, or other like facility regularly maintained by the United States Postal Service. The address to be used for any notice served by mail upon Licensee shall be: City of Rosemead Attn: Public Works Department 8838 E. Valley Boulevard Rosemead, CA 91770 or such other place as may hereinafter be designated in writing to the County by Licensee. Notice served by mail upon County shall be addressed to: County Librarian County of Los Angeles Public Library 7400 E. Imperial Highway Downey, CA 90242 with a copy to: Chief Executive Office Real Estate Division - Property Management 222 South Hill Street, 3rd Floor Los Angeles, CA 90012 or such other place as may hereinafter be designated in writing to Licensee by the Chief Executive Officer. Service by mail shall be deemed complete upon deposit in the above - mentioned manner. HOA.1010138.1 -14 of 18- Agreement No. PL- ROS -01 15. REPAIR OF DAMAGE Licensee shall, at Licensee's sole expense, be responsible for the cost of repairing any area of the Licensed Area, which is damaged by Licensee or Licensee's agents, employees, invitees or visitors, including the repair of low voltage electronic, telecommunications, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Licensee. All repairs and replacements shall: (a) be made and performed by contractors or mechanics approved by the County, which approval shall not be unreasonably withheld or delayed; (b) be at least equal in quality, value and utility to the original work or installation; and (c) be in accordance with all laws. 16. DAMAGE OR DESTRUCTION Should the Licensed Area be damaged by fire, incidents of war, earthquake, or other violent action of the elements, County shall have the option to terminate this License. 17. SOLICITATION OF CONSIDERATION 17.01 It is improper for any County officer, employee or agent to solicit consideration, in any form, from a Licensee with the implication, suggestion or statement that the Licensee's provision of consideration may secure more favorable treatment for the Licensee in the award of the License or that the Licensee's failure to provide such consideration may negatively affect the County's consideration of the Licensee's submission. A Licensee shall not offer to or give, either, directly or through an intermediary, consideration, in any form, to a County officer, employee or agent for the purpose of securing favorable treatment with respect to the issuance of a License. 17.02 Licensee shall immediately report any attempt by a County officer, employee or agent to solicit such improper consideration. The report shall be made either to the County manager charged with the supervision of the employee or to the County Auditor - Controller Employee Fraud Hotline at (213) 974 -0914 or (800) 544- 6861. Failure to report such solicitation may result in the License being terminated. 18. CONFLICT OF INTEREST No County employee whose position in County service enables him /her to influence obtaining or awarding any lease, license or permit, and no spouse or economic dependent of such employee, shall be employed in any capacity by the Licensee herein, or have any other direct or indirect financial interest resulting from this License. 19. ACKNOWLEDGMENT OF INELIGIBILITY FOR RELOCATION ASSISTANCE Licensee hereby disclaims any status as a "displaced person" as such is defined in Government Code Section 7260 and hereby acknowledges his /her ineligibility for HOA.1010138.1 -15 Of 18- Agreement No. PL- ROS -01 relocation assistance as provided in Government Code Section 7260 through 7276, inclusive, as interpreted in Title 25, Chapter 6, Section 6034(b) (1) of the California Administrative Code upon the future cancellation or termination of this License. 20. SIGNATURE AUTHENTICITY CLAUSE The individual(s) executing this License hereby personally covenants, guarantees and warrants that he /she has the power and authority to obligate the Licensee to the terms and conditions in this License. Upon approval, a signed original will be mailed to Licensee. 21. TAXATION OF LICENSED AREA 21.01 The interest (as defined in California Revenue and Taxation Code Section 107) in the Licensed Area created by this License may be subject to property taxation if created. The party in whom any such property interest is vested may be subject to the payment of the property taxes levied on the interest. 21.02 Licensee shall pay before delinquency all lawful taxes, assessments, fees or charges which at any time may be levied by the Federal, State, County, City, or any other tax or assessment - levying body upon the Licensed Area and any improvements located thereon. 21.03 If Licensee fails to pay any lawful taxes or assessments upon the Licensed Area which Licensee is obligated to pay, Licensee will be in default of the License. 21.04 County reserves the right to pay any such tax, assessment, fee or charge, and all monies so paid by County shall be repaid by Licensee to County upon demand. Licensee and County agree that this is a license and not a lease and no real estate interest is being conveyed herein. 22. INTERPRETATION Unless the context of this License clearly requires otherwise: (i) the plural and singular numbers shall be deemed to include the other; (ii) the masculine, feminine and neuter genders shall be deemed to include the others; (iii) "or' is not exclusive; and (iv) "includes" and "including" are not limiting. 23. GOVERNING LAW AND FORUM This License shall be governed by and construed in accordance with the internal laws of the State of California. Any litigation with respect to this License shall be conducted in the courts of the County of Los Angeles, State of California. HOA.1010138.1 -16 Of 18- Agreement No. PL- ROS -01 24. ENTIRE AGREEMENT This License contains the entire agreement between the parties hereto, and no addition or modification of any terms or provisions shall be effective unless set forth in writing, signed by both County and Licensee. SIGNATURE PAGE FOLLOWS / HOA.1010138.1 -17 of 18- Agreement No. PL- ROS -01 IN WITNESS WHEREOF, Licensee has executed this License or caused it to be duly executed, and County of Los Angeles, pursuant to the order of the Los Angeles County Board of Supervisors, has caused this License to be executed on its behalf by the County Librarian on the day, month and year first written above. LICENSEE: CITY OF ROSEMEAD 4!� By: Jeff Allred, ity Manaber ATTEST: City Clerk F-1 LTA rel 1 .. APPROVED AS TO FORM: Rac el Richinah, City Afforney ATTEST: DEAN C. LOGAN Registrar order /County Clerk 1 By: Date: t'0 I (q' 3 APPROVED AS TO FORM: JOHN F. KRATTLI iK 29 COUNTY OF LOS ANGELES MARGARET DONNELLAN TODD County Librarian HOA.1010138.1 -18 of 18- 1b/15/13 ;NAI Lll� County County of Los Angeles Public Library ■ www.colapublib.org o 7400 East Imperial Hwy., Downey, CA 90242 ■ (562) 940 -8400 Library Margaret Donnellan Todd County Librarian June 9, 2009 Mr. Chris Marcarello City of Rosemead 8838 East Valley Boulevard Rosemead, CA 91770 Dear Mr. Marcarello: On June 2, 2009, the Los Angeles County Board of Supervisors entered into an agreement with the City of Rosemead (City) for Landscape and Grounds Maintenance Services of the Rosemead Library located at 8800 Valley Boulevard, Rosemead, CA 91770. This agreement is for five (5) years commencing on July 1, 2009. Enclosed is an original copy of the agreement ( #77009) approved on this date. Please reference this agreement number on all invoices and correspondence. If you have any questions or require further information, please contact Maria Vadai, Contract Development, at (562) 940 -8423. Sincerely, Gilbert A. Garcia Contract Services Coordinator Enclosures GAG:mv 0 o %iri c o � o AGREEMENT BY AND BETWEEN COUNTY OF LOS ANGELES AND CITY OF ROSEMEAD FOR LANDSCAPE AND GROUNDS MAINTENANCE SERVICES No77.009 • • 677009 LANDSCAPE AND GROUNDS MAINTENANCE SERVICES AGREEMENT By and Between the COUNTY OF LOS ANGELES, CALIFORNIA and the CITY OF ROSEMEAD, CALIFORNIA This agreement entered into this c2jo day of JQtR, 2009 by and between the COUNTY OF LOS ANGELES, hereinafter referred to as "COUNTY," and the City of Rosemead, hereinafter referred to as "CITY'. WHEREAS, The COUNTY is desirous of contracting with the CITY for the maintenance of the landscape and grounds of the County Library building located at 8800 Valley Boulevard, Rosemead; and WHEREAS, The CITY is agreeable to performing such functions on the terms and conditions hereinafter set forth; and WHEREAS, this agreement is authorized and provided for by the provisions of Section 56 -1/4 of the Charter of the County of Los Angeles; and Title 1, Division 7, Chapter 5, (Sections 6500 et. Seq.) of the Government Code. NOW THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein below, it is mutually agreed by the parties hereto as follows: 1. In consideration for maintenance and services, the COUNTY agrees to pay to the CITY the total sum of thirty thousand six hundred six dollars ($30,606.00). Payments shall be paid on demand in the following manner: Year 1: July 1, 2009 $6,030.00 Year 2: July 1, 2010 $6,030.00 Year 3: July 1, 2011 $6,030.00 Year 4: July 1, 2012 $6,181.00 Year 5: July 1, 2013 $6,335.00 Page 1 0 0 2. This agreement shall be for a term of five (5) years, commencing on July 1, 2009, and terminating on June 30, 2014, unless terminated early as provided herein. 3. The CITY shall maintain in a good and workmanlike manner the landscape and grounds of the County building located at the above - listed location, in accordance with Attachment A, said maintenance to consist of litter and debris removal, mowing and edging turf areas, pruning of shrubs, cultivation of flower beds, routine plant replacement, appropriate irrigation of vegetation, vandalism repair, furnishing and applying insecticides and fertilizer, trimming and care of trees and groundcover, sweeping of the entrances and parking lots. Maintenance shall also include the renovation and seeding of lawn areas at least once during the year, if necessary and maintenance of the sprinkler control system including sprinkler heads and risers; provided, however, the City is not prevented from performing said work by reason of renovation, construction, or other improvement work. 4. In the event the CITY is prevented from performing the landscape and grounds maintenance services for the Rosemead Library, the CITY shall return to the COUNTY the pro -rata portion of each annual payment prepaid by the COUNTY with such proration computed on the basis of a 365 day year. 5. For the purpose of performing said landscape and grounds maintenance services, the CITY shall furnish and supply all necessary labor, supervision, equipment and supplies necessary to maintain the Rosemead Library at a level of appearance comparable to CITY facilities. 6. The CITY shall have the option to sub - contract for the landscape and grounds maintenance of the area with prior consent of the COUNTY and, as long as the Rosemead Library is maintained in accordance with paragraphs 3 and 5 of this Agreement. Page 2 0 0 7. The COUNTY may replace, at its discretion, all plants, shrubs, and trees upon notification of such need from the CITY. Except as necessary to complete the obligations set forth in paragraphs 3 and 5, the CITY shall not alter the landscape in any manner not otherwise provided for herein without the express written consent of the COUNTY. 8. The COUNTY shall not be called upon to assume any liability for the direct payment of any salaries, wages or other compensation to any CITY or its sub - contractor personnel performing services hereunder for the COUNTY. 9. The CITY shall indemnify, defend and hold harmless the COUNTY, its Special Districts, its elected and appointed officers, and its employees and agents from and against any and all liability, including, but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or connected with the CITY's acts and/ or omissions arising from and /or relating to this Agreement. If the CITY should sub - contract all or any part of this landscape and grounds maintenance services, then the CITY also shall require the sub - contractor to indemnify, defend and hold harmless the COUNTY. 10. Without limiting the CITY'S indemnification of COUNTY, and in the performance of this contract and until all of its obligations pursuant to this contract have been met, the CITY shall provide and maintain insurance coverage satisfying the following requirements. The CITY shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any CITY employee for injuries arising from or connected with services performed at the request of or on behalf of the CITY. The CITY shall maintain general liability insurance with limits of not less than $1 million per occurrence and naming the COUNTY as an additional insured, auto liability insurance with limits of not less than $1 million each accident, and workers compensation insurance including Employers' Liability coverage with limits of not less than $1 million. Such insurance shall be primary and not contributing to any commercial or self- insurance programs Page 3 0 0 maintained by the COUNTY and may be provided by the CITY'S self - insurance program or a combination of that program and other insurance coverages. If the CITY sub - contracts all or any part of this landscape and grounds maintenance services, then the CITY shall require the sub- contractor to maintain the same types and limits of insurance coverage outlined in this paragraph. 11. Either party shall have the right to terminate this Agreement at any time upon giving 30 days' prior written notice to the other party. In the event of such a termination, the CITY shall return to the COUNTY the pro -rata portion of any annual payment prepaid by the COUNTY with such proration computed on the basis of a 365 day year. 12. This Agreement shall not be valid and does not impose any obligation upon the COUNTY unless and until funds are appropriated by the COUNTY for the purposes set forth herein and the CITY shall have no obligation under this Agreement if such funds are not appropriated and paid to the CITY as provided herein. Page 4 0 No77.009 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed upon the day and year first above written. ATTEST: By: y Jerk: Gloria Molleda APPROVED AS TO FORM: By: City o ey: JosVh Montes ATTEST: SACHI HAMAI Executive Officer -Clerk of the Board of Supervisors By: n RC Act In CITY OF ROS In City Manager: Jeff Stewart COUNTY OF LOS ANGELES By: Chairma ,Board of Supervisors Senior Deputy County Counsel ADOPTED BOARD OF SUPERVISORS COUNTY OPLOS ANGELES 02 9 0. V '.JUN 0 2 2009 54/1 CHI A. AMAI EXECUTIVE OFFICER Page 5 E 9 SCOPE OF SERVICES FOR LANDSCAPE AND GROUNDS MAINTENANCE SERVICES CITY OF ROSEMEAD Attachment A The City of Rosemead agrees to provide landscape and grounds maintenance services at the Rosemead Library, including trees, turf, landscape, and irrigation repair, in addition to 24 -hour emergency services. The scope of services is described in detail below: Litter and Debris Removal /Clean- up/Weeding: All areas shall be maintained weed -free and litter -free. All trash, debris, dead plant materials and weeds shall be removed weekly. Special attention shall be given to the entries, courtyard and the parking lot. The lot will be swept weekly. Paved and hardscape areas shall be cleaned weekly. Mowing and Edging: All turf areas are to be mowed as often as necessary to maintain a consistent turf height of 2 inches. Selective Pruning and Care of Shrubbery and Plants: All shrubs shall be selectively pruned as to maintain their natural form. Dead branches and foliage shall be removed, as thinning cuts only. Shrubs shall be pruned at least once per year or as needed to prevent sidewalk, street and sign obstruction. Plants and other shrubs will be added or replaced as necessary to maintain an appearance similar to other City facilities. This includes planting and care of all planters. Tree Trimming: Trees shall be trimmed as needed to maintain sight visibility for pedestrian or vehicular traffic. Canopies shall be maintained at a height of eight (8') feet over sidewalks. Tree maintenance of trees located on the county grounds is included and will follow the trimming cycles and standards in the City's Tree Management Program. Storm damage repair, replacement or addition of trees is not included in this contract. Groundcover Trimming: Groundcovers shall be pruned using pruning shears to create a "soft" line. Groundcovers are prohibited to grow past the "face" of the curb or more than three (3 ") inches onto sidewalks. Growth onto other shrubs, trees, walls, or other structures is not permitted. Weed Control: All landscape and non - landscaped areas shall be kept weed -free at all times. The term "weeds" applies to any undesirable vegetation growing within the right -of- way including cracks between the. gutter and asphalt as well as the cracks in adjacent sidewalks. Chemical control by using herbicides and pre- emergent materials is permitted with proper County notification. Irrigation: Consistent maintenance of all areas for proper moisture levels based on the turf and /or plants needs at different times of the year. All irrigation shall be performed to insure plant health and vigor. The entire irrigation system, including the planters and all components from the point of connection at the meters to the sprinklers, shall be maintained in an operational state at all times. Repair of this equipment is included in this contract. Repairs to the water mainlines feeding the meter, major irrigation renovations and repair /replacement of the sprinkler controller will be billed as extra work. Page 1 Fertilizer: A balanced fertilizer will be applied to all turf areas, five ) times annually. Each application will provide one pound of active Nitrogen for each 1,000 square feet of grass area. Applications shall occur in accordance with the City's program. Planters will receive three (3) applications of Gro -power (or equivalent) brand fertilizer at manufacturer's recommended rates (6- 10 -4). Applications shall occur in accordance with the City's program. Insect, Disease and Rodent Control: The control of insects, plant diseases, and /or rodents is included. Page 2 COUnty 01 Ln Rlgeles NOIk Library Margaret Donnellan Todd County Librarian April 23, 2009 • County of Los Angeles Public Library ■ www.colapublib.org 7400 East Imperial Hwy., Downey, CA 90242 ■ (562) 940 -8400 Mr. Chris Marcarello City of Rosemead 8838 East Valley Blvd. Rosemead, CA 91770 Dear Mr. Marcarello: 0 41 RE: CONTRACT AWARD FOR LANDSCAPE AND GROUNDS MAINTENANCE SERVICES WITH THE CITY OF ROSEMEAD Enclosed are three original agreements that require the signatures of your City Manager, City Clerk, and City Attorney. Please return the signed copies to me by Thursday, April 30, 2009 so that we may file the agreements with the Los Angeles County Board of Supervisors. Once the documents have been signed, please call Maria Vadai, Contract Development, at (562) 940 -8423 to arrange pick -up. Please call if you have any questions. I appreciate your assistance in this matter. Sincerely, Gilbert A. Garcia Contract Services Coordinator Enclosures GAG:mv F9 L M County of Los Angeles Public Library 7400 East Imperial Hwy., P.O. Box 7011, Downey, CA 90241-7011 (562) 940 -8461, TELEFAX (562) 803 -3032 SANDRA F. REUBEN COUNTY LIBRARIAN June 10, 2004 City of Rosemead City Hall 8838 E. Valley Blvd. Rosemead, CA 91770 Attn: Nancy Valderrama, City Clerk Dear Ms. Valderrama: s RECEIVEI'D CITY OF ROSEMEAD JUN 1 C 2004 CITY CLERK'S OFFICE On June 1, 2004, the County of Los Angeles Board of Supervisors entered into an agreement with the City of Rosemead for Grounds Maintenance Services of Rosemead, Library located at, 8800 Valley Boulevard, Rosemead, CA. Enclosed is a copy of the agreement #74889, please include the agreement number on all invoices and correspondence pertaining to this agreement. The agreement will be for five (5) years commencing on July 1, 2004. We look forward to working with the City of Rosemead. If you have any questions or require further information, please call me at (562) 940 -8485. Sincerely, Tryphenia F nches Contract Services Coordinator Enclosure TF:pv /City Contract Copy Agreement #74889_2 City of Rosemead.doc c: Rose Garcia Pat Varela Serving the unincorporated areas of Los Angeles County and the cities of: Agoura Hills • Artesia • Avalon • Baldwin Park • Bell Bell Gardens • Bellflower • Bradbury • Carson • Claremont • Compton • Cudahy • Culver City Diamond Bar • Duarte El Monte • Gardena • Hawaiian Gardens • Hawthorne • Hermosa Beach • Hidden Hills • Huntington Park La Canada Flintridge La Habra Heights Lakewood • La Mirada • Lancaster • La Puente • La Verne Lawndale Lomita Lynwood • Malibu Manhattan Beach Maywood • Montebello Norwalk Paramount Pico Rivera Rosemead San Dimas • San Fernando San Gabriel .Santa Clarita • South El Monte South Gate Temple City Walnut • West Covina • West Hollywood • Westlake Village 0 0 74889 GROUNDS MAINTENANCE AGREEMENT Between the COUNTY OF LOS ANGELES, CALIFORNIA and the CITY OF ROSEMEAD, CALIFORNIA WITNESSETH RECEIVEI CITY OF ROSEMEAD JUN 1 6 2004 CITY CLERK'S OFFICE This agreement entered into this /I day of 2004 by and between the COUNTY OF LOS ANGELES, hereinafter refer d to as "COUNTY," and the CITY OF ROSEMEAD. hereinafter referred to as "CITY ". WHEREAS, the County is desirous of contracting with the City for the maintenance of the grounds of the County Library building located in said City at 8800 East Valley Boulevard, Rosemead, California, hereinafter referred to as "COUNTY BUILDINGS ". WHEREAS, the City is agreeable to performing such functions on the terms and conditions hereinafter set forth; and WHEREAS, this agreement is authorized and provided for by the provisions of Section 56 -1/4 of the Charter of the County of Los Angeles; and Title 1, Division 7, Chapter 5, (Sections 6500 et. Seq.) of the Government Code. NOW THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein below, it is mutually agreed by the parties hereto as follows: 1. In consideration for maintenance and services, County agrees to pay to City the total sum of thirty -four thousand one hundred and seventy & 00/100 dollars ($34,170.00). Payments shall be paid on demand in the following manner: July 1, 2004 $6,437.00 July 1, 2005 $6,630.00 July 1, 2006 $6,828.00 July 1, 2007 $7,032.00 July 1, 2008 $7,243.00 2. This agreement shall be for a five (5) year term commencing on July 1, 2004, and terminating on June 30, 2009. 0 0 3. City shall maintain in a good and workmanlike manner the grounds of the County building located at the above - listed location, in accordance with Attachment A, said maintenance to consist of mowing and edging turf areas, pruning of shrubs, cultivation of flower beds, routine plant replacement, application of water, vandalism repair, furnishing and applying insecticides and fertilizer, trimming and care of trees, sweeping of the entrances and parking lots, and service to the irrigation system; provided, however, the City is not prevented from performing said work by reason of the renovation, construction, or other improvement work. 4. In the event the City is prevented from performing the grounds maintenance services for the Library, the City shall return to the County the pro -rata portion of each annual payment prepaid by the County with such.proration computed on the basis of a 365 day year any annual payment prepaid by the County. 5. For the purpose of performing said grounds maintenance, City shall furnish and supply all necessary labor, supervision, equipment and supplies necessary to maintain the grounds at a level of appearance comparable to City facilities. Such maintenance shall include the renovation and seeding of lawn areas at least once during the year, if necessary, and maintenance of the sprinkler control system including sprinkler heads and risers. 6. City shall have the option to sub - contract for the grounds maintenance of the area, with prior consent of the County, and as long as the grounds are maintained in accordance with paragraphs 3 and 5 of this Agreement. 7. County may replace, at its discretion, all plants, shrubs, and trees upon notification of such need from the City. Except as necessary to complete the obligations set forth in paragraphs 3 and 5, City shall not alter the landscape in any manner not otherwise provided for herein without the express written consent of the County. 8. County shall not be called upon to assume any liability for the direct payment of any salaries, wages or other compensation to any City personnel performing services hereunder for County. 9. City shall indemnify, defend and hold harmless the County, its Special Districts, elected and appointed officers, employees, and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or connected with the City's acts and /or omissions arising from and /or relating to this Agreement. -2- 0 0 10. County shall indemnify, defend and hold harmless the City, its Special Districts, elected and appointed officers, employees, and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or connected with the County's acts and /or omissions arising from and /or relating to this Agreement. 11. City shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any person for injuries arising from or connected with services performed at the request of or on behalf of the City. 12. Either party shall have the right to cancel this Agreement at any time upon giving 30 days' prior written notice. In the event of such cancellation, the City shall return to the County the pro -rata portion of each annual payment prepaid by County with such proration computed on the basis of a 365 day year any annual payment prepaid by the County. 13. This Agreement shall not be valid and of any force and effect and does not impose any obligation upon the County unless and until funds are appropriated by the County for the purposes set forth herein and City shall . have no obligation under this Agreement if such funds are not appropriated. / -3- 9 10 IN WITNESS WHEREOF, the parties hereto have caused these present to be executed upon the day and year first above written. ATTEST: CITY OF ROSEMEAD: By: By:. lrlGi%r�LatiC:1 C City CI rk: Na cy alderrama Mayor: Wargaret Clark APPROVED AS TO FORM: By:4 City Attorney: Robeh Kress ATTEST: VIOLET VARONA- LUKENS Executive Officer -Clerk of the Board of Supervisors APPROVED AS TO FORM: OFFICE OF THE COUNTY COUNSEL By: S��r� Helen S. Parker Principal Deputy County Counsel ADOPTED BOARD OF SUPERVISORS COUNTY OF LOS ANGELES, 46 JUN 1 2004 VIOLL_: !ARONA- LUKENS EXECUTIVE OFFICER COUNTY OF LOS ANGELES By :__.. dwlon /92-44--- an, Board of Supervisors • 0 /_[iM17,17 iiFi LIBRARY MAINTENANCE SPECIFICATIONS Litter and Debris Removal /Clean- up/Weeding: All trash, debris, dead plant materials and weeds shall be removed weekly. Special attention shall be given to the entries, courtyard and the parking lot. The lot will be swept weekly. All areas shall be maintained weed -free and litter -free. Paved and hardscape areas shall be cleaned weekly. Mowing and Edging: All turf areas are to be mowed as often as necessary to maintain a consistent turf height of 2 inches. In normal circumstances the grass clippings need not be removed, but, when an excessive amount of cut grass is present, removal may be requested by the Director of Community Services. Selective Pruning and Care of Shrubbery and Plants: All shrubs shall be selectively pruned as to maintain their natural form. Dead branches and foliage shall be removed, as thinning cuts only. Shrubs shall be pruned at least once per year or as needed to prevent sidewalk, street and sign obstruction. Plants and other shrubs will be added or replaced as necessary to maintain an appearance similar to other City facilities. This includes planting and care of the planter located at the east entrance. Tree Trimming: Trees shall be trimmed to maintain sight visibility for pedestrian or vehicular traffic. Canopies shall be maintained at a height of eight (8') feet over sidewalks. Tree maintenance of trees located on the county grounds is included and will follow the trimming cycles and standards in the City's Tree Management Program. Storm damage repair, replacement or addition of trees is not included in this contract. Groundcover Trimming: Groundcovers shall be pruned using pruning shears to create a "soft" line. Groundcovers are prohibited to grow past the "face" of the curb or more than three (3 ") inches onto sidewalks. Growth onto other shrubs, trees, walls, or other structures is not permitted. Weed Control: All landscape and non - landscaped areas shall be kept weed -free at all times. The term "weeds' applies to any undesirable vegetation growing within the right - of -way including cracks between the gutter and asphalt as well as the cracks in adjacent sidewalks. Chemical control by using herbicides and pre- emergent materials is permitted with proper County notification. Irrigation: Consistent maintenance of all areas for proper moisture levels based on the turf and /or plants needs at different times of the year. All irrigation shall be performed to insure plant health and vigor. The entire irrigation system, including the planters and all components from the point of connection at the meters to the sprinklers, shall be maintained in an operational state at all times. Repair of this equipment is included in this contract. Repairs to the water mainlines feeding the meter, major irrigation renovations and repair /replacement of the sprinkler controller will be billed as extra work. 0 0 Fertilizer: A balanced fertilizer will be applied to all turf areas, five (5) times annually. Each application will provide one pound of active Nitrogen for each 1,000 square feet of grass area. Applications shall occur in accordance with the City's program. Planters will receive three (3) applications of Gro -power (or equivalent) brand fertilizer at manufacturer's recommended rates (6- 10 -4). Applications shall occur in accordance with City's program. Insect, Disease and Rodent Control: The control of insects, plant diseases, and /or rodents is included. -2- 9 County of Los Angeles Public Library 7400 Eas[ imperial Hwy.. P.O. Box 7011, Downey, CA 90241 - 7011 /" s (562) 940 -8461, TELEFAX (562) 803 -3032 January 22, 2001 Michael Burbank Director Parks and Recreation City of Rosemead - 8838 East Valle}' Blvd. Rosemead, CA 91770 Dear Mr. Burbank: Enclosed is an original set of the agreement for landscape and grounds maintenance services between the City of Rosemead and the County Public Library Department. We apologize for the delays in finalizing the agreement and appreciate your patience. If you have any questions regarding the agreement, please contact Rose Longoria of my staff at (562) 940 -8485. Thank you. Sincerely, 4e�L ti' Rose Garcia Acting Head; Facilities Services RG:rl ' C.WyFilesUasemeadAgmr.wpd Rose Longoria Serving the unincorporated areas of Los Angeles County and the cities of: Agoura Hllis • Artesia • Avalon • Baldwin Park • Bell • Bell Gardens • Bellflower • Bradbury • Carson • Claremont • Compton • Cudahy • Culver City Diamond Bar • Duarte El Monte • Gardena • Hawaiian Gardens • Hawthorne • Hermosa Beach • Hidden Hills • Huntington Park La Canada Flintridge -La Habra Heights Lakewood • La Mirada • Lancaster • La Puente • La Verne Lawndale • Lomita • Lynwood • Malibu Manhattan Beach Maywood • Montebello Norwalk Paramount Pico Rivera Rosemead San Dimas • San Fernando San Gabriel -Santa Clarita • South El Monte South Gate Temple City Walnut • West Covina • West Hollywood • Westlake Village County of Los Angeles Public Library 7400 East Imperial Hwy., P.O. Box 7011, Downey, CA 90241-7011 (562) 940 -8461, TELEFAX (562) 803 -3032 January 22, 2001 Michael Burbank Director Parks and Recreation City of Rosemead 8838 East Valley Blvd. Rosemead, CA 91770 Dear Mr. Burbank: c,n Enclosed is an original set of the agreement for landscape and grounds maintenance services between the City of Rosemead and the County Public Library Department. We apologize for the delays in finalizing the agreement and appreciate your patience. If you have any questions regarding the agreement, please contact Rose Longoria of my staff at (562) 940 -8485. Thank you. Sincerely, Rose Garcia Acting Head, Facilities Services RGA C.WvFilaU osemeadAg twpd c: Rose Longoria Serving the unincorporated areas of Los Angeles County and the cities of: Agoura Hills • Artesia • Avalon • Baldwin Park • Bell Bell Gardens � Bellflower • Bradbury • Carson • Claremont • Compton • Cudahy • Culver City Diamond Bar • Duarte El Monte • Gardena • Hawaiian Gardens • Hawthorne • Hermosa Beach • Hidden Hills • Huntington Park La Canada Flintridge La Habra Heights Lakewood • La Mirada • Lancaster • La Puente • La Verne Lawndale Lomita Lynwood • Malibu Manhattan Beach Maywood • Montebello Norwalk Paramount Pico Rivera Rosemead San Dimas • San Fernando San Gabriel -Santa Clarita • South El Monte • South Gate • Temple City Walnut • West Covina • West Hollywood • Westlake Village 0 GROUNDS MAINTENANCE SERVICES CONTRACT COUNTY OF LOS ANGELES PUBLIC LIBRARY THIS AGREEMENT, made and entered into this day of �u 1999, is by and between the County of Los Angeles, hereinafter called the "County" and the City of R emead, hereinafter called the "City ". WITNESETH THAT, WHEREAS, the County is desirous of contracting with the City for the maintenance of the grounds of the County Library building located in said City at 8800 East Valley Boulevard, Rosemead, California; and, WHEREAS, the City is agreeable to rendering such services on the terms and conditions hereinafter set forth; and, WHEREAS, such contract is authorized and provided for by the provisions of Section 56 -1/4 of the Charter of the County of Los Angeles and Title 1, Division 7, Chapter 5, (Sections 6500 et seq.) of the Government Code. NOW THEREFORE, in consideration of the mutual covenants, conditions and promises contained hereinbelow, it is mutually agreed by the parties hereto as follows: 1. This Agreement shall be for a period of five (5) years, commencing on the 1 st day of July, 1999, and ending on the 30th day of June, 2004. 2. In consideration for maintenance and services, County agrees to pay to City the total sum of Thirty Thousand, Ten & 00 /100 Dollars ($30,010.00). Payments shall be paid on demand in the following manner: July 1, 1999 $ 5,760.00 July 1, 2000 $ 5,880.00 July 1, 2001 $ 6,000.00 July 1, 2002 $ 6,120.00 July 1, 2003 $ 6,250.00 3. City will maintain in good and workmanlike manner the grounds of the County building located at above listed location, said maintenance to consist of mowing and edging grassed areas, pruning of shrubs, cultivation of flower beds, application of water, vandalism repair, furnishing and applying insecticides and fertilizer; provided, however, the City is not prevented from performing said work by reason of the renovation, construction, or other improvement work. In the event City is so prevented, County shall be entitled to a prorata reduction or refund, as appropriate, based upon such services for such time as City is prevented from performance hereunder. 0 • 4. For the purpose of performing said grounds maintenance, City shall furnish and supply all necessary labor, supervision, equipment and supplies necessary to maintain the grounds at a level of appearance comparable to City facilities. Such maintenance shall include the renovation and seeding of lawn areas at least once during the year and the repair or replacement of sprinkler heads as needed. 5. County may replace, at its discretion, all plants, shrubs, and trees upon notification of such need from the City. City shall not alter the landscape in any manner not otherwise provided for herein. 6. County shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any City personnel performing services hereunder for said County. 7. City shall indemnify and hold County harmless from any liability arising from or in any way connected with any activity performed by City pursuant to this Agreement or resulting from a dangerous or defective condition of property subject to this Agreement existing by reason of any act or omission by the City, or its agents or employees. County shall indemnify and hold City harmless from any liability arising from or in any way connected with any activity performed by County in operating said library, resulting from a dangerous or defective condition of property subject to this Agreement existing by reason of any act or omission by the County, or its agents or employees. City shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any person for injuries arising from or connected with services performed at the request of or on behalf of the City. 8. Either party shall have the right to cancel this Agreement at any time after three months from the effective date upon giving 30 days' prior written notice. In the event of such cancellation, City shall return to County the prorata portion of each annual payment prepaid by County with such proration computed on the basis of a 365 day year. 9. This Agreement shall not be valid and of any force and effect and does not impose any obligation upon the County unless and until funds are appropriated by the County for the purposes set forth herein. NMI 0 0 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed upon the day and year first above written. ATTEST: Bv City Clerk (SEAL) APPROVED AS TO FORM: BY City Attorney ATTEST: JOANNE STURGES Executive Officer -Clerk of the Board of Supervisors IC Deputy APPROVED AS TO FORM: COUNTY COUNSEL LLOYD W. PELLMAN 00 BY Deputy CITY OF ROSEMEAD COUNTY OF LOS ANGELES BY Wendy Roma o Acting County Librarian BIB 0 0 0 GROUNDS MAINTENANCE SERVICES CONTRACT COUNTY OF LOS ANGELES PUBLIC LIBRARY THIS AGREEMENT, made and entered into this day of 1999, is by and between the County of Los Angeles, hereinafter called the "County" and the City of R emead, hereinafter called the "City ". WITHE-�ETH THAT, WHEREAS, the County is desirous of contracting with the City for the maintenance of the grounds of the County Library building located in said City at 8800 East Valley Boulevard, Rosemead, California; and, WIIEREAS, the Ciry is agreeable to rendering such services on the terms and conditions hereinafter set forth; and, R'IEREAS, such contract is authorized and provided for by the provisions of Section 56 -1/4 of the Charter of the County of Los Angeles and Title 1, Division 7, Chapter 5, (Sections 6500 et seq.) of the Government Code. NOW THEREFORE, in consideration of the mutual covenants, conditions and promises contained hereinbelow, it is mutually agreed by the parties hereto as follows: 1. This Agreement shall be for a period of five (5) years, commencing on the I st day of July, 1999, and ending on the 30th day of June, 2004. 2. In consideration for maintenance and services, County agrees to pay to City the total sum of Thirty Thousand, Ten & 00 /100 Dollars (530,010.00). Payments shall be paid on demand in the following manner: July 1, 1999 S5,760.00 July 1, 2000 S5,880-00 July 1, 2001 S 6,000.00 July 1, 2002 S 6,120.00 July 1, 2003 S6,250.00 3. City will maintain in good and workmanlike manner the Grounds of the County building located at above listed location, said maintenance to consist of mowing and edging grassed areas, pruning of shrubs, cultivation of flower beds, application of water, vandalism repair, furnishing and applying insecticides and fertilizer; provided, however, the City is not prevented from performing said work by reason of the renovation,'construction, or other improvement work. In the event City is so prevented, County shall be entitled to a prorata reduction or refund, as appropriate, based upon such services for such time as City is prevented from performance hereunder. 0 9 4. For the purpose of performing said grounds maintenance, City shall furnish and supply all necessary labor, supervision, equipment and supplies necessary to maintain the grounds at a level of appearance comparable to City facilities. Such maintenance shall include the renovation and seeding of lawn areas at least once during the year and the repair or replacement of sprinlder heads as needed. 5. County may replace, at its discretion, all plants, shrubs, and trees upon notification of such need from the City. City shall not alter the landscape in any manner not otherwise provided for herein. 6. County shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any City personnel performing services hereunder for said County. 7. City shall indemnify and hold County harmless from any liability arising from or in any way connected with any activity performed by City pursuant to this Agreement or resulting from a dangerous or defective condition of property subject to this Agreement existing by reason of any act or omission by the City, or its agents or employees. County shall indemnify and hold City harmless from any liability arising from or in any way connected with any activity performed by County in operating said library, resulting from a dangerous or defective condition of property subject to this Agreement existing by reason of any act or omission by the County, or its agents or employees. City shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any person for injuries arising from or connected with services performed at the request of or on behalf of the City. 8. Either party shall have the right to cancel this Agreement at any time after three months from the effective date upon giving 30 days' prior written notice. In the event of such cancellation, City shall return to County the prorata portion of each annual payment prepaid by County with such proration computed on the basis of a 365 day year. 9. This Agreement shall not be valid and of any force and effect and does not impose any obligation upon the County unless and until funds are appropriated by the County for the purposes set forth herein. -2- IV IN WITNESS WIiEREOF, the parties hereto have caused these presents to be executed upon the day and year first above written. ATTEST: By City Clerk- (SEAL) APPROVED AS TO FORM: BY ;j�4z�� City Attorney . ATTEST: JOANNE STURGES Executive Officer -Clerk of the Board of Supervisors Ryd Deputy APPROVED AS TO FORM: COUNTY COUNSEL LLOYD W. PELLMAN Deputy CITY OF ROSEMEAD COUNTY OF LOS ANGELES BY Chair /Chairman, Board of Supervisors -3- MAYOR: JOE VASQUEZ MAYOR PRO TEM: MARGARET CLARK COUNCILMEMBERS: ROBERT W. BRUESCH JAY I. IMPERIAL GARY A. TAYLOR Aueust 11, 1999 E r osemead' 8838 E. VALLEY BOULEVARD • P.O. BOX 399 ROSEMEAD, CALIFORNIA 91770 TELEPHONE (626) 288 -6671 FAX (626) 307 -9218 Pat Varela Contract Services County of Los Angeles Public Library 7400 East Imperial Highway P.O. Box 7011 Downey, CA 90241 -7011 Dear Ms. Varela: Enclosed is the second original Rosemead Library Grounds Maintenance Contract executed by the Mayor, City Attorney, and myself As per our conversation, this document will bring the total original executed agreements by the City to two, as per your request. The first agreement was mailed to your office on July 19, 1999. Once the necessary signatures are obtained; please return one original to me. Thank you for your assistance. If you have any questions, please give me a call at (626) 288- 6671, extension 212. Sincerely, N. -kNICY VALDERR-AMA City Clerk Enclosure 0 0 l; • • 67849 GROUNDS MAINTENANCE SERVICES CONTRACT COUNTY OF LOS ANGELES PUBLIC LIBRARY THIS AGREEMENT, made and entered into this J-3�h day of - 9etrtemi�ey 1994, is by and between 'the County of Los Angeles, hereinafter called the "County" and the City of Rosemead, hereinafter called the "City ". W I T N E S E T H THAT, WHEREAS, the County is desirous of contracting with the City for the maintenance of the grounds of the County Library building located in said City at 8800 East Valley Boulevard, Rosemead, California; and, WHEREAS, the City is agreeable to rendering such services on the terms and conditions hereinafter set forth; and, WHEREAS, such contract is authorized and provided for by the provisions of Section 56 -1/4 of the Charter of the County of Los Angeles and Title 1, Division 7, Chapter 5, (Sections 6500 et seq.) of the Government Code. NOW THEREFORE, in consideration of the mutual covenants, conditions and promises contained hereinbelow, it is mutually agreed by the parties hereto as follows: 1. This Agreement shall be for a period of five (5) years, commencing on the 1st day of July, 1994, and ending on the 30th day of June, 1999. 2. In consideration for maintenance and services, County agrees to pay to City the total sum of Twenty -Nine Thousand One Hundred Forty Seven & 76/100 Dollars ($ 29,147.76). Payments shall be paid on demand in the following manner: July 1, 1994 $ 5,601.00 July 1, 1995 $ '5,712.96 July 1, 1996 $ 5,827.32 July 1, 1997 $ 5,943.72 July 1, 1998 $ 6,062.76 3. City will maintain in good and workmanlike manner the grounds of the County building located at above listed location, said maintenance to consist of mowing and edging grassed areas, pruning of shrubs, cultivation of flower beds, application of water, vandalism repair, furnishing and applying insecticides and fertilizer; provided, however, the City is not prevented from performing said work by reason of the renovation, construction, or other improvement work. In the event City is so prevented, County shall be entitled to a prorata reduction or refund, as appropriate, based upon such services for such time as City is prevented from performance hereunder. 4. For the purpose of performing said grounds maintenance, City shall furnish and supply all necessary labor, supervision, equipment and supplies necessary to maintain the grounds at a level of appearance comparable to City facilities. Such maintenance shall include the renovation and seeding of lawn areas at least once during the year and the repair or replacement of sprinkler heads as needed. 5. County may replace, at its discretion, all plants, shrubs, and trees upon notification of such need from the City. City shall not alter the landscape in any manner not otherwise provided for herein. 6. County shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any City personnel performing services hereunder for said County. 7. City shall indemnify and hold County harmless from any liability arising from or in any way connected with any activity performed by City pursuant to this Agreement or resulting from a dangerous or defective condition of property subject to this Agreement existing by reason of any act or omission by the City, or its agents or employees. County shall indemnify and hold City harmless from any liability arising from or in any way connected with any activity performed by County in operating said library, resulting from a dangerous or defective condition of property subject to this Agreement existing by reason of any act or omission by the County, or its agents or employees. City shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any person for injuries arising from or connected with services performed at the request of or on behalf of the City. 8. Either party shall have the right to cancel this Agreement at any time after three months from the effective date upon giving 30 days' prior written notice. In the event of such cancellation, City shall return to County the prorata portion of each annual payment prepaid by County with such proration computed on the basis of a 365 day year. 9. This Agreement shall not be valid and of any force and effect and does not impose any obligation upon the County unless and until funds are appropriated by the County for the purposes set forth herein. 2 - IN WITNESS WHEREOF, the parties hereto have caused these presents -to be executed upon the day and year first above written. By -w�• By / - City,'Clerk or (SEAL) APPROVED AS TO FORM: BY L,"- City A torney ATTEST: JOANNE STURGES -k il"k Executive Officer -Cl of the Board of Supervisors a . - -A, 0 *- . a Deputy APPROVED AS TO FORM: DEWITT W. CLINTON County Counsel By Deputy - 3 - COUN -7'� F LOS ANGE�����'- ✓°_Y`+� BY C irman, Board of Supervisors Lm ADOPTED BOARD OF SUPERVISORS COUNTY OF LOS ANGELES i 34 OCT 181994 ' V JOANNE STU,-R"GES I/ i. EXECUTIVE OFFICER , Deputy 0 • County of Los Angeles Public Library 7400 East Imperial Hwy., P.O. Box 7011, Downey, CA 90241- 701 1 (310) 940 -8461, TELEFAX (310) 803 -3032 SANDRA F. REUBEN COLNIY LIaRARAN October 24, 1994 Michael D. Burbank Director of Parks and Recreation City of Rosemead 8838 E. Valley Boulevard P.O. Box 399 nUSei'iiead, C'", 0 1770 Dear Mr. Burbank: On October 18, 1994, the County of Los Angeles Board of Supervisors approved an agreement to have your city provide grounds maintenance services for the Rosemead Library located in the City of Rosemead. This agreement is for a five -year period, from July 1, 1994 through June 30, 1999. Enclosed is a copy of the approved and signed agreement for your files. If you have any questions regarding the agreement or payments for services, please contact Yolanda Young, Contract Services Coordinator, at (310) 940 -8485. Thank you for your interest in providing services to the County of Los Angeles. We look forward to continuing your grounds maintenance service agreement at our library. Very truly yours, Alan Harsen, Head Facilities Services AH:yy Enclosure SeMng the unincorporated areas of Los Angeles County and the cities of: Agoura Hills • Artesia • Avalon . Baldwin Park • Bell • Reli Gardens • 521111ower • Bradbury • Corson • Claremont • Compton • Cudahy • Culver City Diamond Bar • Duarte • El Monte • Gardena • Hawaiian Gardens • Hawthorne Hermosa Beam • Hidden Hills • iiunmington Park • La Canada Flintridge La Habra Heights Lakewood • La Mirada • Lancaster • La Puente • La Verne •Lawndale • Lomita • Lynwood • Malibu • Manhattan Beach • Maywood • Montebello Norwalk • Paramount • Pico Rivera • Rosemead • San Dimas San Fernando • San Gabriel • Santa Clarita • South El Monte South Gate • Temple City • Walnut • West Covina • Nest Hollyworw . Westlake Village 'F • • 67849 GROUNDS MAINTENANCE SERVICES CONTRACT COUNTY OF LOS ANGELES PUBLIC LIBRARY 69p+V� THIS AGREEMENT, made and entered into this J -'i.*1 day of -9eVtcmbex 1994, is by and between the County of Los Angeles, hereinafter called the "County" and the City of Rosemead, hereinafter called the "City ". W I T N E S E T H THAT, WHEREAS, the County is desirous of contracting with the City for the maintenance of the grounds of the County Library building located in said City at 8800 East Valley Boulevard, Rosemead, California; and, WHEREAS, the City is agreeable to rendering such services on the terms and conditions hereinafter set forth; and, WHEREAS, such contract is authorized and provided for by the provisions of Section 56 -1/4 of the Charter of the County of Los Angeles and Title 1, Division 7, Chapter 5, (Sections 6500 et seq.) of the Government Code. . NOW THEREFORE, in consideration of the mutual covenants, conditions and promises contained hereinbelow, it is mutually agreed by the parties hereto as follows: 1. This Agreement shall be for a period of five (5) years, commencing on the 1st day of July, 1994, and ending on the 30th day of June, 1999. 2. In consideration for maintenance and services, County agrees to pay to City the total sum of Twenty -Nine Thousand One Hundred Forty Seven & 76/100 Dollars ($.29,147.76). Payments shall be paid on demand in the following manner: July 1, 1994 $ 5,601.00 July 1, 1995 $ 5,712.96 July 1, 1996 $ 5,827.32 July 1, 1997 $ 5,943.72 July 1, 1998 $ 6,062.76 3. City will maintain in good and workmanlike manner the grounds of the County building located at above listed location, said maintenance to consist of mowing and edging grassed areas, pruning of shrubs, cultivation of flower beds, application of water, vandalism repair, furnishing and applying insecticides and fertilizer; provided, however, the City is not prevented from performing said work by reason of the renovation, construction, or other improvement work. In the event City is so prevented, County shall be entitled to a prorata reduction or refund, as appropriate, based upon such services for such time as City is prevented from performance hereunder. 4. For the purpose of performing said grounds maintenance, City shall furnish and supply all necessary labor, supervision, equipment and supplies necessary to maintain the grounds at a level of appearance comparable to City facilities. Such maintenance shall include the renovation and seeding of lawn areas at least once during the year and the repair or replacement of sprinkler heads as needed. 5. County may replace, at its discretion, all plants, shrubs, and trees upon notification of such need from the City. City shall not alter the landscape in any manner not otherwise provided for herein. 6. County shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any City personnel performing services hereunder for said County. 7. City shall indemnify and hold County harmless from any liability arising from or in any way connected with any activity performed by City pursuant to this Agreement or resulting from a dangerous or defective condition of property subject to this Agreement existing by reason of any act or omission by the City, or its agents or employees. County shall indemnify and hold City harmless from any' liability arising from or in any way connected with any activity performed by County in operating said library, resulting from a dangerous or defective condition of property subject to this Agreement existing by reason of any act or omission by the County, or its agents or employees. City shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any person for injuries arising from or connected with services performed at the request of or on behalf of the City. 8. Either party shall have the right to cancel this Agreement at any time after three months from the effective date upon giving 30 days' prior written notice. In the event of such cancellation, City shall return to County the prorata portion of each annual payment prepaid by County with such proration computed on the basis of a 365 day year. 9. This Agreement shall not be valid and of any force and effect and does not impose any obligation upon the County unless and until funds are appropriated by the County for the purposes set forth herein. 2 - IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed upon the day and year first above written. ATTEST:'. CIT O $ D By By: City 'Clerk or (SEAL) APPROVED AS TO FORM: BY 6 6 fft City A torney ATTEST: JOANNE STURGES - Am=tsfg- Executive Officer -C1 of the Board of Supervisors :a #- n, 0 O Deputy APPROVED AS TO FORM: DEWITT W. CLINTON County Counsel By Deputy COUNTY OF LOS ANGELS§ F ' W BY C�airman, Board of Supervisors - 3 - a ADOPTED BOARD OF SUPERVISORS COUNTY OF LOS ANGELES 1 34 OCT 10 1994 U J� O�STURGES U EXECUTIVE OFFICER Deputy 0 • GROUNDS MAINTENANCE SERVICES CONTRACT COUNTY OF LOS ANGELES PUBLIC LIBRARY THIS AGREEMENT, made and entered into this 13th day of Septembep 1994, is by and between the County of Los Angeles, hereinarter .called the "County" and the City of Rosemead, hereinafter called the "City ". W I T N E S E T H THAT, WHEREAS, the County is desirous of contracting with the City for -the maintenance of the grounds of the County Library building located in said City at 8800 East Valley Boulevard, Rosemead, California; and, WHEREAS, the City is agreeable to rendering such services on the terms and conditions hereinafter set forth; and, WHEREAS, such contract is authorized and provided for by the provisions of Section 56 -1/4 of the Charter of the County of Los Angeles and Title 1, Division 7, Chapter 5, (Sections 6500 et seq.) of the Government Code. NOW THEREFORE, in consideration of the mutual covenants, conditions and promises contained hereinbelow, it is mutually agreed by the parties hereto as follows: 1. This Agreement shall be for a period of five (5) years, commencing on the 1st day of July, 1994, and ending on the 30th day of June, 1999. 2. In consideration for maintenance and services, County agrees to pay to City the total sum of Twenty -Nine Thousand One Hundred Forty Seven & 76/100 Dollars ($ 29,147.76). Payments shall be paid on demand in the following manner: July 1, 1994 $ 5,601.00 July 1, 1995 $ 5,712.96 July 1, 1996 $ 5,827.32 July 1, 1997 $ 5,943.72 July 1, 1998 $ 6,062.76 3. City will maintain in good and workmanlike manner the grounds of the County building located at above listed location, said maintenance to consist of mowing and edging grassed areas, pruning of shrubs, cultivation of flower beds, application of water, vandalism repair, furnishing and applying insecticides and fertilizer; provided, however, the City is not prevented from performing said work by reason of the renovation, construction, or other improvement work. 0 0 In the event City is so prevented, County shall be entitled to a prorata reduction or refund, as appropriate, based upon such services for such time as City is prevented from performance hereunder. 4. For the purpose of performing said grounds maintenance, City shall furnish and supply all necessary labor, supervision, equipment and supplies necessary to maintain the grounds at a level of appearance comparable to City facilities. Such maintenance shall include the renovation and seeding of lawn areas at least once during the year and the repair or replacement of sprinkler heads as needed. 5. County may replace, at its discretion, all plants, shrubs, and trees upon notification of such need from the City. City shall not alter the landscape in any manner not otherwise provided for herein. 6. County shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any City personnel performing services hereunder for said County. 7. City shall indemnify and hold County harmless from any liability arising from or in any way connected with any activity performed by City pursuant to.this Agreement or resulting from a dangerous or defective condition of property subject to this Agreement existing by reason of any act or omission by the City, or its agents or employees. County shall indemnify and hold City harmless from any liability arising from or in any way connected with any activity performed by County in operating said library, resulting from a dangerous or defective condition of property subject to this Agreement existing by reason of any act or omission by the County, or its agents or employees. City shall bear the sole responsibility and liability for furnishing Workers' Compensation benefits to any person for injuries arising from or connected with services performed at the request of or on behalf of the City. 8. Either party shall have the right to cancel this Agreement at any time after three months from the effective date upon giving 30 days' prior written notice. In the event of such cancellation, City shall return to County the prorata portion of each annual payment prepaid by County with such proration computed on the basis of a 365 day year. 9. This Agreement shall not be valid and of any force and effect and does not impose any obligation upon the County unless and until funds are appropriated by the County for the purposes set forth herein. 2 - 0 0 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed upon the day and year first above written. ATTEST: City Clerk (SEAL) APPROVED AS TO FORM: BY &&'� C City Attorney ATTEST: JOANNE STURGES Acting Executive Officer -Clerk of the Board of Supervisors Deputy DEWITT W. CLINTON County Counsel By Deputy - 3 - COUNTY OF LOS ANGELES BY Chairman, Board of Supervisors 0 Deputy WUNTY OF LOS ANG�ES ERNAL SERVICES DEPAR NT Tu - 550 South Vermont Ave., Los Angeles, California 90020 • Ol llf OP w1P William F. Stewart Director February 20, 1990 1 RECEIVED Mr. Frank G. Tripepi, City Manager CITY OF ROSVVECMEAD City of Rosemead MAR 8838 East Valley Boulevard ���9Q Rosemead, CA 91770 Dear Mr. Tripepi: CITY CLERI(,SOFFICE GROUNDS MAINTENANCE AGREEMENT 8800 VALLEY BOULEVARD ROSEMEAD The above - captioned Grounds Maintenance Agreement was approved by the Board of Supervisors on January 30, 1990. Enclosed is an executed copy for your records. This is to request your City send the bill for said services to the Public Library Department at 7400 E. Imperial Highway, Downey, CA 90242 Attn: Fiscal Services. Should you have any questions or require additional information, you may contact this office at (213) 738 -2300. Very truly yours, WILLIAM F. STEWART Director Leon H. Singer Real Property Agent LHS:jpc 38 Enclosure (Lgrndr) � 62523 GROUNDS MAINTENANCE AGREEMENT NO. THIS AGREEMENT entered into this day- of 1989. BY AND BETWEEN COUNTY OF LOS ANGELES hereinafter referred to as "COUNTY," AND CITY OF ROSEMEAD, hereinafter referred to as "CITY ", W I T N E S S E T H: THAT, WHEREAS, the COUNTY is desirous of contracting with the CITY for the maintenance of the grounds of County Buildings located in said CITY at 8800 East Valley Blvd., Rosemead; WHEREAS, the CITY is agreeable to rendering such services on the terms and conditions hereinafter set forth; and WHEREAS, such contract is authorized and provided for by the provisions of Section 56 -1/4 of the Charter of the - County of Los Angeles and Title 1, Division 7, Chapter 5, (Sections 6500 et sea.) of the Government Code. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained hereinbelow, it is mutually agreed by the parties hereto as follows: 1. In consideration for maintenance and services, County agrees to pay to City the sum of $30,673.00 Pa „ents shall be paid on demand in the following manner: July 1, 1989 $5,492.00 July 1, 1990 5,741.00 July 1, 1991 6,003.00 July 1, 1992 6,567.00 July 1, 1993 6,870.00 furnishing and applying insecticides and fertilizer. $30,673.00 2. This Agreement shall commence on July 1, 1989 and terminate on June 30, 1994. 3. CITY will maintain in good and workmanlike manner the grounds of the COUNTY buildings located at above listed location(s) , said maintenance to consist of mowing and edging grassed areas, pruning of shrubs, cultivation of flower beds, application of water, furnishing and applying insecticides and fertilizer. 1 rw. '�i '1900 4. For the purpose of.performing said grounds maintenance, CITY shall furnish and supply all necessary labor, supervision, equipment. and supplies necessary to maintain the grounds at a level of appearance comparable to CITY facilities. such maintenance shall include the renovation and seeding of lawn areas at least once during the year and the repair or replacement of sprinkler heads as needed. 5. COUNTY may replace, at its discretion, all plants, shrubs, and trees upon notification of such need from the CITY. CITY shall not alter the landscape in any manner not otherwise provided for herein. 6. COUNTY shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other conpensation to any CITY personnel performing services hereunder for said COUNTY. 7. CITY shall indemnify and hold COUNTY harmless from any liability arising from or in any way connected with any activity performed by CITY pursuant to this Agreement or resulting from a dangerous or defective condition of property subject to this Agreement existing by reason of any act or omission by the CITY or its agents or employees. COUNTY shall indemnify and hold City harmless from any liability arising from or in any way connected with any activity performed by County in operating said library, resulting from a dangerous or defective condition of property subject to this Agreement existing by reason of any act or omission by the County, or its agents or employees. 8. Either party shall have the right to cancel this Agreement at any time after June 30, 1990 by giving 30 days' .prior written notice. In the event of such cancellation, CITY shall return to COUNTY the prorata portion of each annual payment prepaid by County with such proration computed on the basis of a 365 day year. 9. This Agreement shall not be valid and and does not impose any obligation upon the funds are appropriated =,by the County for herein. S`f N# 1 u 2 of any force and effect County unless and until the purposes set forth Y IN WITNESS WHEREOF, the parties hereto have caused these :presents to be executed. upon the day.and year first above written. ATTEST: By /City Clerk (SEAL; APPROVED AS TO FORM: By- City Attorney N6,.... ATTEST: LARRY MONTEILTH Executive Officer -Clerk of the Board of Supervisors By Deputy APPROVED AS TO FORM: DEWITT W. CLINTON County Counsel LS:jpc 38 (mgrndr) 6/8/89 sYN# i <) 0 F JAN ;)� 0 i9g0 CITII-�SE,MEAD By Mayor CO= OF LOS ANGELES _ By Chairman, Board of Supervisors ,DOD 19 JAN 3 0 199D LMn—l' J. MchT x +cys7rE occ�n I hereby certify that pursuant to Section 2510: of the Government Code, '.cli very of this dccumenths.s been made. I P n j. ?,'G3'TEILH L:: °cutive Officer Clerk of the Boa d of Supe= visors DEPUTY 3 0 0 �V `�1;`c�ryile • f^lIf00.N \P William F. Stewart Director June 7, 1989 96UNTY OF LOS ANGILES INTERNAL SERVICES DEPARTMENT 550 South Vermont Ave., Los Angeles, California 90020 - ' Mr. Frank G. Tripepi, City Manager City of Rosemead 8838 East Valley Boulevard Rosemead, CA 91770 Dear Mr. Tripepi: RECEIVED AM GROUNDS MAINTENANCE AGREEMENT 8800 VALLEY BOULEVARD ROSEMEAD 1UN 14 1989 � Q The above - captioned Grounds Maintenance Agreement will expire June 30, 1989. This is to request your City execute the attached Agreement for maintaining the grounds of the subject facility. Should you have any questions or require additional information, you may contact this office at (213) 738 -2300. Very truly yours, WILLIAM F. STEWART Director Leon H. Singer Real Property Agent LHS:jpc 38 (grounds) 1989. GROUNDS MAINTENANCE AGREEMENT NO. THIS AGREEMENT entered into this day of , BY AND BETWEEN COUNTY OF LOS ANGELES hereinafter referred to as "COUNTY," AND CITY OF ROSEMEAD, hereinafter referred to as "CITY ", W I T N E S S E T H: THAT, WHEREAS, the COUNTY is desirous of contracting with the CITY for the maintenance of the grounds of County Buildings located in said CITY at 8800 East Valley Blvd., Rosemead; WHEREAS, the CITY is agreeable to rendering such services on the terms and conditions hereinafter set forth; and WHEREAS, such contract is authorized and provided for by the provisions of Section 56 -1/4 of the Charter of the County of Los Angeles and Title 1, Division 7, Chapter 5, (Sections 6500 et seq.) of the Government Code. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained hereinbelow, it is mutually agreed by the parties hereto as follows: 1. In consideration for maintenance and services, County agrees to pay to City the sum of $30,673.00 Payments shall be paid on demand in the following manner: July 1, 1989 $5,492.00 July 1, 1990 5,741.00 July 1, 1991 6,003.00 July 1, 1992 6,567.00 July 1, 1993 6,870.00 $30,673.00 2. This Agreement shall commence on July 1, 1989 and terminate on June 30, 1994. 3. CITY will maintain in good and workmanlike manner the grounds of the COUNTY buildings located at above listed location(s), said maintenance to consist of mowing and edging grassed areas, pruning of shrubs, cultivation of flower beds, application of water, furnishing and applying insecticides and fertilizer. 1 4. For the purpose of performing said grounds maintenance, CITY shall furnish and supply all necessary labor, supervision, equipment and supplies necessary to maintain the grounds at a level of appearance comparable to CITY facilities. Such maintenance shall include the renovation and seeding of lawn areas at least once during the year and the repair or replacement of sprinkler heads as needed. 5. COUNTY may replace, at its discretion, all plants, shrubs, and trees upon notification of such need from the CITY. CITY shall not alter the landscape in any manner not otherwise provided for herein. 6. COUNTY shall not be-called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any CITY personnel performing services hereunder for said COUNTY. 7. CITY shall indemnify and hold COUNTY harmless from any liability arising from or in any way connected with any activity performed by CITY pursuant to this Agreement or resulting from a dangerous or defective condition of property subject to this Agreement existing by reason of any act or omission by the CITY or its agents or employees. COUNTY shall indemnify and hold City harmless from any liability arising from or in any way connected with any activity performed by County in operating said library, resulting from a dangerous or defective condition of property subject to this Agreement existing by reason of any act or omission by the County, or its agents or employees. 8. Either party shall have the right to cancel this Agreement at any time after June 30, 1990 by giving 30 days' prior written notice. In the event of such cancellation, CITY shall return to COUNTY the prorata portion of each annual payment prepaid by County with such proration computed on the basis of a 365 day year. 9. This Agreement shall not be valid and of any force and effect and does not impose any obligation upon the County unless and until funds are appropriated by the County for the purposes set forth herein. 2 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed upon the day and year first above written. ATTEST: / _ Bye ?Zt c'P l �Z -L : ✓ City Clerk (SEAL) Epp- r „ 0 I I APPROVED AS TO FORM: BY City Attorney ATTEST: LARRY MONTEILTH Executive Officer -Clerk of the Board of Supervisors By Deputy APPROVED AS TO FORM: DEWITT W. CLINTON County Counsel By Deputy: LSjpc 38 (mgrndr) 6/8/89 CIT -Y-OF -ROS EAD i� By �/ Mayor COUNTY OF LOS ANGELES By Chairman, Board of Supervisors 3 • i �. • • CN OC i,, �. COUNTY OF LOS ANGELES - '1 DEPARTMENTOF COUNTY ENGINEER-FACILITIES` STEPHEN J. KOONCE COUNTY ENGINEER 550 SOUTH VERMONT, LOS ANGELES, CA 50020 BOARD OF SUPERVISORS (213) 7382011 PETER F. SCHABARUM HIAM BARMACK KENNETH HAHN CHIEF DEPUTY July 17; 1934 EDMUND D. EDELMAN c,pA.Yi7oc ANA !!j�® DEANS D MICHAEL D. ANT OLEO ANA Rps��EA� Honorable Board of - Supervisors `P9 OCT 291984 Countv of dos Angeles 383 Hall of Administration r819F €3�IIe�Z.e3a��� Dear Supervisors: FIVE -YEAR RENEWAL OF GROUND MAINTENANCE AGREEMENTS VARIOUS CITIES (CANCELLABLE AFTER ONE YEAR) ($ 778,949 OVER TERM) (1,2,3,4) The County of Los Angeles over the past several years has entered into agreements with various cities in order to obtain grounds maintenance services at County facilities. On June 30, 1984, agreements covering.grounds maintenance at seventeen (17) County facilities expired. The Department of County Engineer- Facilities has negotiated renewal agreements for new five -year terms with ten cities. In each case the negotiated cost for maintenance was less than the estimated cost for the County to perform the same work. Recom- mendations relating to the ten agreements have been consolidated into this one Board letter. Submitted for adoption by your Board are agreements approved as to form by County Counsel from the cities listed below. Under the terms of these agreements, which commence July 1, 1984, the cities will provide services at the cost of $136,967 for Fiscal Year 1984 -85 and a .total cost of $778,949 over five years. The following list sets forth the negotiated costs for the terms of the maintenance agreements as well as for Fiscal Year 1984 -85 (see individual agreements for cost details). BOARD ADOPTEDoRs COUNTY OF LOS ANGELES 10 OCT 16 1984 LARRY J. MONTEILH EXECUTIVE OFFICER S' Honorable Board of Supervisors July 17, 1984 Page 2 DISTRICT I FY 1984 -85 TOTAL TERM Temple City (1 facility) $ 1,089 $ 6,389 Library -5939 Golden West Ave. Rosemead (1 facility) 5,470 33,356 Library -8800 Valley Blvd. Huntington Park (3 facilities) 29,018 162,290 Library -Civic Center Health Service -Civic Center Courthouse -Civic Center Whittier (2 facilities) 14,730 84,708 Courthouse -7339 Painter Ave. Health -7639 Painter Ave. South E1 Monte (2 facilities) 10,488 66,629 Library - 1430 South Central Ave. Assessors -1441 So. Santa Anita Ave. DISTRICT 2 Gardena (1 facility) 3,878 23,635 Library -1731 W. Gardena Blvd. DISTRICT 3 Montebello (2 fac.ilities) 13,428_ 74,200 Library -1550 W. Beverly Blvd. Library -1060 So. Greenwood Ave. DISTRICT 4 Lakewood (2 facilities) - 42,833 236,681 Civic Center - 5020, 5110 and 5130 Clark Ave. Manhattan Beach (1 facility) 11,895 65,789 Library -1560 Manhattan Beach Blvd. Hermosa Beach (1 facility) 4,138 25,267 Library -550 Pier Ave. TOTAL COST $136,967 $778,949 • 0 Honorable Board of Supervisors July 17, 1984 Page 3 The Chief Administrative Office has recommended the continuation of these Grounds Maintenance Agreements because the Department of Parks and Recreation is unable to perform these services at a lesser cost than that proposed by the cities. Both the County and the City will retain the right to withdraw from the agreements any time after the first year should they not be mutually satisfactory. Funding to cover the FY 1984 -85 portion of these agreements is in- cluded in-current budget requests from the Public Library Department (SS, Maintenance SIG) and the Parks and Recreation Department (Public Grounds Expense fund). Funding for future years wll be requested as appropriate. IT IS RECOMMENDED THAT YOUR BOARD: 1. Approve the attached renewal agreements with the cities of Temple City, Rosemead, Huntington Park, Whittier, South E1 Monte, Gardena, Montebello, Lakewood, Manhattan Beach, Hermosa Beach providing for the maintenance of the grounds surrounding the County -owned facilities. Said agreements shall be in effect for the period commencing July 1, 1984 and ending June 30, 1989. 2. Instruct the Chairman of the Board to sign the renewal agreements upon presentation by the County Engineer - Facilities Department. SJK : CBM__ LS:jpc 38 Attachments cc: Harry L. Hufford County Counsel Public Library Very truly yours, �TfPHE LLN �� KOONCE County Engineer 48590 GROU14DS MAINTENANCE AGREEMENT NO. THIS AGREEMENT entered into this �(Ri L day of BY AND BETWEEN COUNTY OF LOS ANGELES, herein- after referred to as "County," AND CITY OF ROSEMEAD, hereinafter referred to as "City," W I T N E S S E T H: THAT, WHEREAS, the County is desirous of contracting with the City for the maintenance of the grounds of County Buildings lo- cated in said City at 8800 East Valley Blvd., Rosemead; WHEREAS, the City is agreeable to rendering such services on the terms and conditions hereinafter set forth; and WHEREAS, such contract is authorized and provided for by the E provisions of Section 56 -1/4 of the Charter of the County of Los Angeles and Title 1, Division 7, Chapter 5, (Sections 6500 et seq.) of the Government Code. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained hereinbelow, it is mutually agreed by the parties hereto as follows: 1. In consideration for maintenance and services, County agrees to pay to City the sum of $33;356. Payments shall be paid on demand in the following manner: LI July 1, 1984 July 1, 1985 July 1, 1986 July 1, 1987 July 1, 1988 $ 5,470.00 6,010.00 6,611.00 7,272.00 7,993.00 $33,356.00 2. This agreement shall commence on July 1, 1984 and termi- nate on June 30, 1989. 3. City will maintain in good and workmanlike manner the grounds of the County building(s) located at above listed loCa- tion(s), said maintenance to consist of mowing and edging grassed areas, pruning of shrubs, cultivation of flower beds, application of water, furnishing and applying insecticides and fertilizer. 4. For the purpose of performing said grounds maintenance, City shall furnish and supply all necessary labor supervision, equipment and supplies necessary to maintain the grounds at a level of appearance comparable to City facilities. Such main- tenance shall include the renovation and seeding of lawn areas at least once during the year and the repair or replacement of sprinkler heads as needed. 5. County may replace, at its discretion, all plants, shrubs, and trees upon notification of such need from the City. City shall not alter the landscape in any manner not otherwise provided for herein. 6. County shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensa- tion to any City personnel performing services hereunder for said - 2 - a i County. 7. City shall indemnify and hold County harmless from any liability arising from or in any way connected with any activity performed by City pursuant to this agreement or resulting from a dangerous or defective condition of property subject to this agreement existing by reason of any act or omission by the City or its agents or employees. County shall indemnify and hold City harmless from any liability arising from or in any way connected with any activity performed by County in operating said library, resulting from a dangerous or defective condition of property subject to this Agreement existing by reason of any act or omission by the County, or its agents or employees. 8. Either party shall have the right to cancel this agree- ment at'any time after June 30, 1985 upon giving 30 days' prior written notice. In the event of such cancellation, City shall return to County the prorata portion of each annual payment pre- paid by County with such proration computed on the basis of a 365 day year. 9. This agreement shall not be valid and of any force and effect and does not impose any obligation upon the County unless and until funds are appropriated by the County for the purposes set forth herein. - 3 - r IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed upon the day and year first above written. ATTEST: CITY OF ROSEMEAD By City Clerk J (SEAL) APPROVED AS TO FORM: By City Attornpl, ATTEST: LARRY MONTEILTH Executive Officer -Clerk of the Board of Supervisors By W Deputy APPROVED AS TO FORM: DE WITT W. CLINTON County Counsel &-tirl - I/ LS:jpc 38 5/10/84 By <�- Mayor COUNTY OF LOS ANGELES By Chairman,Board of Supervisors ADOPTED BOARD OF SUPERVISORS COUNTY OF LOS ANGELES 10 OCT 16 1984 c7NT EIL EXECUTIVE OFFICER 0 • 0 • T ce counTY OF LOS nnGELES DEPRRTMEnT OF COUf1TV EnGpEER-FACILITIES STEP HEn J . Koor,cE 550 SOUTH VERMOAT UOs AnGELES, CA 90020 cou::1. (213) 738 -2011 RAYMOND W. LOOMIS As,,, C ...... .. July 23, 19.79 BOARD OF SUPERVISORS PETER F. SCHABARUM KENNETH HAHN EDMUND D. EDELMAN Yvonne B. Burke BAXTER WARD ANPT --) UOA1,! ` HONORABLE BOARD DF SUPERVISORS County of Los Angeles 3 0 AUG 0 7 1979 383 Hall of Administration Dear Supervisors: JAMES S. W.:'E FIVE -YEAR RENEWAL OF GROUND MAIN'T'ENANCE AIMEEMTS VARIOUS CITIES ($541,929,96) (CANCELLABLE AFTER ONE YEAR) (112,314) The County of Los Angeles over the past several years has entered into agreements with various cities in order to obtain grounds maintenance services at County facilities. On June 30, 1979, agreements covering grounds maintenance at 19 County facilities expired. The County Engineer- Facilities Department has negotiated renewal agreements for new five -year terms with ten cities. In each case the negotiated cost for maintenance was less than the estimated cost for the County to perform the same work. Recom- mendations relating to the ten agreements have been consolidated into this one Board letter. Submitted for adoption by your Board are agreements approved as to form by County Counsel from the cities listed below. Under the terms of these agreements, which commenced July 1, 1979, the cities will provide services at the cost of $88,479.35 for Fiscal Year 1979 -80 and a total cost of $541,929,96 over five years. The following list sets forth the negotiated terms of the maintenance agreements as well 1979 -80 (see individual agreements for cost costs for the as for Fiscal Year details). Honorable Board of Supervisors July 23, 1979 Page 2 DISTRICT 1 FY 1979 -80 TOTAL TERM Temple City (2 facilities) 8 11419 $ 87329.00 Library - 5939 Golden West Ave. Engineers - 5908 N. Kauffman Ave. Rosemead (1 facility) 4,920 33,172.50 Library - 8800 Valley Blvd. 20,945 127,871.30 Huntington Park (3 facilities) 18,876 115,239.85 Library - Civic Center Health Service -Civic Center 71632.75 46,598.66 Courthouse -Civic Center Whittier (3 facilities) 14,104 86,106.32 Courthouse -•7339 Painter Ave. Health - 7639 Painter Ave. $88,479.35 $541,929.96 Assessors - 7354 -56 Painter Ave. South El Monte (2 facilities) 61396. 39,048.20 Library - 1430 South Central Ave. Assessors - 1441 So. Santa Anita Ave. DISTRICT 2 Gardena (1 facility) 2,953 16,981.89 Library - 1731 W. Gardena Blvd. DISTRICT 3 Montebello (2 facilities) 81664 52,894.57 Library - 1550 W. Beverly Blvd. Library - 1060 So. Greenwood Ave. DISTRICT 4 Lakewood (3 facilities) 20,945 127,871.30 Civic Center - 5020, 5110 and 5130 Clark Ave. Manhattan Beach (1 facility) 71632.75 46,598.66 Library - 1560 Manhattan Beach Blvd. Hermosa Beach (1 facility) 21569.60 15,687.67 Library - 550 Pier Ave. Total Cost $88,479.35 $541,929.96 r Honorable Board of Supervisors July 23, 1979 Page 3 The Chief Administrative Office has recommended the continuation of these Grounds Maintenance Agreements because the Department of Parks and Recreation is unable to perform these services at a lesser cost than that proposed by the cities. Both the County and the City will retain the right to withdraw from the agreements any time after the first year should they not be mutually satis- factory. Funding to cover the FY 1979 -80 portion of these agreements is included in current budget requests from the Public Library Department (SS Maintenance SIG) and the Parks and Recreation Department ZPublic Grounds Expense fund). Funding for future years will be requested as appropriate. IT IS RECOMMENDED THAT YOUR BOARD: 1. Approve the attached renewal agreements between the cities of Temple City, Rosemead, Huntington Park, Whittier, South E1 Monte, Gardena, Montebello, Lakewood, Manhattan Beach, Hermosa Beach and the County of Los Angeles providing for the maintenance of the grounds surrounding the County -owned facilities. Said agreements shall be in effect for the period commencing July 1, 1979 and ending June 30, 1984. 2. Instruct the Chairman of the Board to sign the renewal agreements upon presentation by the County Engineer - Facilities Department. Very truly yours, SJK•JRH �32 Attachments cc: Each Supervisor County Counsel Public Library STEPHEN J. KOONCE County Engineer 0 • ' 76TS7oL,PS 1075 1 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 -35064 -_,ROUNDS MAINTENANCE AGREEMENT NO. THIS AGREEMENT entered into this 26th day of June 19 79 BY AND BETWEEN COUNTY OF LOS ANGELES hereinafter referred to as "County," AND CITY OI? IiOS.EP4EAD hereinafter referred to as "City," W 1 T N E S S E T I1: THAT, WHEREAS, the County is desirous of contracting with the City for the maintenance of the grounds of County Library Buildings located in said City at 8800 East Valley Blvd. , Rosemead; WHEREAS, the City is agreeable to rendering such services on the terms and conditions hereinafter set forth; and WHEREAS, such contract is authorized and provided for by the provisions of Section 56 -1/4 of the Charter of the County of Los Angeles and Title 1, Division 7, Chapter 5, (Sections 6500 et seq.) of the Government Code. NOW, Tt11s1tEFOIZF, in consideration of the mutual covenants, conditions and promises contained llereinbelow, it is mutually agreed by the parties hereto as follows: 1. In consideration for maintenance and services, County agrees to pay to City the sum of $33,172.50. Payments shall be paid on demand in the following manner: 76T576L :,PS 1075 1 .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 E July 1, 1979 $ 4,920.00 .July 1, 1980 5,658.00 July 1, 1981 6,506.70 July 1, 1982 7,482.70 July 1, 1983 8,605.10 33,172.50 2. This agreement shall commence on July 1, 19.79, and terminate on June 30, 1984. 3. City will maintain in good and workmanlike manner the grounds of the County building(s) located at above listed location(s); said maintenanceto consistof mowing and edging grassed areas, pruning of shrubs, cultivation of flower beds, application of water, furnishing i and applying insecticides and fertilizer. 4. For the purpose of performing said grounds maintenance, City shall furnish and supply all necessary labor supervision, equipment and supplies necessary to maintain the grounds at a level of appearance comparable to City facilities. Such maintenance shall include the renovation and seed ingof lawn areas at least once during the year and the repair or replacement of sprinkler heads as needed. 5. County may replace , at its discretion, all plants , shrubs , and trees upon notification of such need from the City. City shall not alter the landscape in any manner not otherwise provided for herein. 6. County shall not be called upon to assume any lability for the direct payment of any salaries, wages, or other compensation to any City personnel performing services hereunder for said County. 7. City shall indemnify and hold County harmless from any liability arising from or in any way connected with any activity performed by City pursuant to this agreement or. resulting from a dangerous or defective conditions of property subject to this agreement existing by reason of any act or omission by the City or its agents or employees. -2- 76TS76L� PS 10 -75 • 1 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 J b. 1.rther party shall have the right- to cancel this agreement at any time after June 30, 1980 upon giving 30 days' prior written notice. In the event of such cancellation, City shall return to County the pro - rata portion of each annual payment prepaid by County with such.pro- ration computed on the basis of a 365 day year. 9. This agreement shall riot be valid and of any force and effect and does not impose any obligation upon the County unless and until funds are appropriated bythe County for the purposes set forth herein. / / / / / / / / / / / / -3- NTOi6L. -_PS 10 -75 • 1 2 3. 4 5 6 7 8. I 9 10 i 11 12 13 14 15 I 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 iN WITNESS %Vl- ILRFOF, the parties hereto have caused these presents to be executed upon the day and year first above written. CITY OF ROSEMEAD By Mayo �� ATT EST: By - i 1 City Clerk (SEAL) APPROVED AS TO FORM: By --------------- -- -- - -- City Attorney COUNTY OF LOS ANGELES Y Chairman, Board of Supervisors AT'IIi1S'L': . a�`� Cg11F0RN�A JAMES S. FVUZF, Executive Officer - Clerk of the Board of Supervisors By De p y APPROVED AS TO FORM: JOHN I -1. LARSON County Counsel By r I epu J1113:jpc 32 6/4/7') ADOPTED BOARD OF SUPERVISC7 COUNTY OF LOS ANGEL: 30 AU 6 0 7 1979 CEO 0 0 �II`s ' C4�lOPM�E STEPHEN J. KOONCE Director Real Estate Inquiries 974 -1711 Project Management Inquiries 974 -1169 COUNTY OF LOS ANGELES/ FACILITIES DEPARTMENT 723 Hall of Administration, Los Angeles, California 90012 / 974 -1107 July 2, 1974 TO: City of Rosemead 8838 East Valley Blvd. Rosemead, California 91770 Attention: R. Steve Street Assistant City Manager SUBJECT: Ground Maintenance Agreement for building location at 8800 Valley Boulevard, Rosemead Board Order No. 49 of June 18, 1974 ACTION: Attached is a copy of the fully executed Ground Maintenance Agreement for your files and safekeeping. STEPHEN J. KOONCE DIRE OF,,,,FACILITIES Toni L. Harri/' Senior Escrow Clerk Lease Processing Unit SJK:TH: db Attachment cc: Phyllis Mariott Real Property Agent LPU /6 3/74 MEMBERS OF THE BOARD OF SUPERVISORS PETER F. SCHABARUM KENNETH HAHN ERNEST E. DEES JAMES A. HAYES BAXTER WARD ]f; P5TJ It- CdI, h -72 e 2 3 4 s GROUNDS MAIP:`?Ii:t' VC3 AGREENEN ' NO. 1411.12 - 5 23052 THIS AGREEIiENT entered into this � �0� day of BY AND BETIWEEN 6 7 8 9 AND 10 11 12 13 14 J w 15 Z N 0 16 0i -m > a a Z 17 ozo� L. C aCO 18 a a 0� . o u 19 i z� a 20 W J 21 0 22 ti 23 24 25 26 27 28 29 30 31 32 COUNTY OF LOS ANGELES, hereinafter referred to as "Comity ", CITY OF ROSEME,0, a municipal corporation, hereinafter referred to as "City ", W I T N E S S E T H: THAT f=REAS, the Comity is desirous of contracting with tile City for the maintenance of the grounds of County buildings located in said City at 8800 Valley Boulevard, Rosemead, California; and WHEREAS, the City is agreeable to rendering such ser-•rices on the terms and conditions hereinafter set forth; and W1 1EAS, such contract is authorized and provided for by the provisions of Section 56 --1/4 of the Charter of the Comity of Los Angeles and Title 1, Division 7, Chapter 5 (Sections 6500 et seq.) of the Government Code. NOW, THEREFORE, in consideration of the mutual covenants, con- ditions and prom ses contained hereinbelow, it is mutually agreed by the parties hereto as follows: 1. In consideration for maintenance and services, County agrees i to pay to City on demand the sum of $18,64 -0.00. Payments shall be paid on demand in the following manner: July 1, 1974 '03,300.00 i July 1, 1975 :3,520.00 July 1, 1976 $3,`!00.00 July 1, 1977 9431940.00 -1- 79T:751:• Cdb 9 -72 1 July 1, 11)/8 W +-,1:30. O 2 2. `.Phis agreement shall commence on July 1, 1974 and terminate 3 on June 30, 1979• . 4 3. City will maintain in a good and workmanlike manner the 5 grounds of the County building(s) located at above listed location(s) 6 said maintenance to consist of mowing and edging grassed areas, 7 pruning of shrubs, cultivation of flower beds, application of i•:ate.r, 8 furnishing and applying insecticides and fertilizer. 9 4. For the purpose of performing said grounds maintenance, 10 City shall furnish and supply all necessary labor supervision, 11 equipment and supplies necessary to maintain the grounds at a level 12 of appearance comparable to City facilities. Such maintenance 13 shall include the renovation and seeding of lawn areas at least once 14 during the year and maintenance of the sprinkler control system .N 15 including sprinkler heads and risers. z N � Z o '0 °; 16 5. County may replace, at its disnretion, all plants, shrubs, Z .0 4Z L 17 and trees upon notification of such need from the City. City shall v <,7 18 not alter the landscape in any manner not other wise provided for. �a O O N' �h to J '�C­ 19 herein. ,N a W6\ Im < 20 6. County shall not be called upon to assume any liability for a N .mp •� J 21 the direct payment of any salaries, wages, or other compensation to h22 any City personnel performing services hereunder for said County. 23 7. City shall indemnify and hold County harmless from any lia- 24 bility arising from or in any way connected with any activity per - 25 formed by City pursuant to this agreement or resulting from a danger.•- . 26 ous or defective condition of.property subject to this agreement 27 existing by reason of any act or omission by the City or its agents 28 or employees. City also agrees to defend County against all claims 29 and suits brought against the County, its officers, agents and . 30 employees arising out of or in any way connected with or incident to 31 this agreement, including dangerous conditions of the grounds and 32 negligence on the part of any City personnel.. -2- :Gl'l75 it- CJh A -72 t , 1 -e3: 'Either party shall have -,he .,sight to cancel this agreement 2 at any time after. June 30, 1975 upon giving 30 days' prior wr.2tten. 3 notice. 4 9. This agreement shall not be valid and of any force and 5 effect and does not impose any obligation upon the County unless and 6 until funds are appropriated by the County for the purposes set 7 forth herein. . s IN WITNESS WHEREOF, the parties hereto have caused these pre - 9 sents to be executed upon the day and year first above written. -3- 10- CITY OF ROSEMEAD 12 1A.2 °PEST: By 13 By n 14 Cit ClE 15 ;ZO APPROVED AS TO FORM: 0 m 16 U F 5 T C 17 By u ° i °r �LDg City A aq �e < � L 18 N yap u t 19 �7X.. It _, W , �tlj COU OF LQ�S - N GL 20 o , x ° g ,, ATTEST: 21 a Chairman, Board of Supervisors JAMES S. Fo cutive Officer - E, 22 Clerk of the Board of Supervisors 23 Connie Sydejko By _ 24 Deputy ADOPTED. 25 APPROVED AS TO FORM: BOARD OF SUPERVISORS 26 COU©IY OF LOS ANGELES JOHN H. LARSON i , n. 27 County Counsel 045 JUN 18 1974 28 24 Feputy _ SMEZ & MIZE 30 E"=GTE OFFICES 31 2 -25 -74 PC : j c 32 -3- 0 0 I Ali* 1. Mpiralion Date: June 301 1973 GROUNDS il-1--l"IN AcnEEmEqj No, 14412-5 entered into this BY AND BETWEEN hcreinnfny Vs "Gouny", A'N. D, CITY OF ROSTE2'iBAP3 C:'f- W- -1. 12 SUPPUEMEN y o.r THAT MEMO, the County is dOMOOS.01 COVIAMOK09 with City for the maintonaace M the gronKs of County builqjngs lownne,.'' said City at 8800 Valley Boulevard, Rosemead, California, the City is agrecablu tu rendwring such sorvic2s an the terms Nod conditions hereinafter lot forth; and I. sue.-.h cci.3tr3ct, is and provided for by LOi provisions of Section 56-1/4 of the Charter of the County el L., Angeles and Title 1, Division 7, ChapteK 5 (Sections 6500 et sec.) C".'i I-Ihc cry"e-'ivaenf: C'Idc< in of tbc motual covcnowa, �P"- dKiDow and promises contained hereinbelow, it is mutually n3weed ji pnMes Mew as follows: fox mointeranne ond servicas, Count.- vjrncL� to pay w Uty Oil dOMMO the ok. Y'3'100.00. - 1 - 15 25 26 27 28 29 it I Ali* 1. Mpiralion Date: June 301 1973 GROUNDS il-1--l"IN AcnEEmEqj No, 14412-5 entered into this BY AND BETWEEN hcreinnfny Vs "Gouny", A'N. D, CITY OF ROSTE2'iBAP3 C:'f- W- -1. 12 SUPPUEMEN y o.r THAT MEMO, the County is dOMOOS.01 COVIAMOK09 with City for the maintonaace M the gronKs of County builqjngs lownne,.'' said City at 8800 Valley Boulevard, Rosemead, California, the City is agrecablu tu rendwring such sorvic2s an the terms Nod conditions hereinafter lot forth; and I. sue.-.h cci.3tr3ct, is and provided for by LOi provisions of Section 56-1/4 of the Charter of the County el L., Angeles and Title 1, Division 7, ChapteK 5 (Sections 6500 et sec.) C".'i I-Ihc cry"e-'ivaenf: C'Idc< in of tbc motual covcnowa, �P"- dKiDow and promises contained hereinbelow, it is mutually n3weed ji pnMes Mew as follows: fox mointeranne ond servicas, Count.- vjrncL� to pay w Uty Oil dOMMO the ok. Y'3'100.00. - 1 - i. 7 13 2 '7 2, This agreement shall connanac on _Iuly—!, 19 73 and ternainc-te on June 30 1974 q -aic - !-;. , 3. City will maintain in a gw& and worhmanlike imw. -)-- i C, grounds of the. County building(s) located at above . listed lowwLion(s) said mainterl all ce t consist of mowint and edging grassed nrews, pr"Ining of shri-Ilbs, cultivntioa of flower beds, iplican%a of wator; p furnishing arid applying insecticides and fertilizer. 4. ror the purpose of perForraing said grownds maintenaace, City sha)J fur-riirh. and supply all necessary lobar supervision, equipment and supplics nccossary to maiMain the grounds at n.level of appearance comparable to City facilitic.,;' Suz✓ shall include the renovation and socaing of lawn areas at least once during the year, 5 County )-;-ay leplave, et its disuretion, all plants, shrubs, a �nd-trn&s upon notification of such need frcm the City. City shall - riot alter the lartiscape in any,rannner not othur wise provided for 6, CGlbce. y cliall not be called mpoa to a&s,.'kuao any liability io-,,- the direct paynant of any salaries, wages, or other compensation to any City •croon.-ncl per.'�o:i:ming services hercund-En: sa.'id 7. City shall indemnify and bold County harmicss from any liability arising from an it nay way connected with any activity pcHorned by City pursuant to this ngraewht or resulting AcM 0 dangerous or deleative condition of property subject to this n3rcc- mtent existing by reason of: any act or omission by the City or ics or OnTloyons. City also ngrees to defend County against all claims and suits brought against the County, its officers, agenn; 17 20 0 21 2 '7 2, This agreement shall connanac on _Iuly—!, 19 73 and ternainc-te on June 30 1974 q -aic - !-;. , 3. City will maintain in a gw& and worhmanlike imw. -)-- i C, grounds of the. County building(s) located at above . listed lowwLion(s) said mainterl all ce t consist of mowint and edging grassed nrews, pr"Ining of shri-Ilbs, cultivntioa of flower beds, iplican%a of wator; p furnishing arid applying insecticides and fertilizer. 4. ror the purpose of perForraing said grownds maintenaace, City sha)J fur-riirh. and supply all necessary lobar supervision, equipment and supplics nccossary to maiMain the grounds at n.level of appearance comparable to City facilitic.,;' Suz✓ shall include the renovation and socaing of lawn areas at least once during the year, 5 County )-;-ay leplave, et its disuretion, all plants, shrubs, a �nd-trn&s upon notification of such need frcm the City. City shall - riot alter the lartiscape in any,rannner not othur wise provided for 6, CGlbce. y cliall not be called mpoa to a&s,.'kuao any liability io-,,- the direct paynant of any salaries, wages, or other compensation to any City •croon.-ncl per.'�o:i:ming services hercund-En: sa.'id 7. City shall indemnify and bold County harmicss from any liability arising from an it nay way connected with any activity pcHorned by City pursuant to this ngraewht or resulting AcM 0 dangerous or deleative condition of property subject to this n3rcc- mtent existing by reason of: any act or omission by the City or ics MnJ r----iplayaes PrIsing out of or in, any way connected with or to Ai• agrgewent, including dangwrous conditions of the groumus end negligence on M part of- z"ay city pe-."-Sonnol'. or OnTloyons. City also ngrees to defend County against all claims and suits brought against the County, its officers, agenn; MnJ r----iplayaes PrIsing out of or in, any way connected with or to Ai• agrgewent, including dangwrous conditions of the groumus end negligence on M part of- z"ay city pe-."-Sonnol'. 13 14 not !,.a valid �md cj -an), force. -.r)cl 8 This J- liect; Z17.1 to as not CA, -ior, upcm ti110 .:C u! nt:; 1 nre. app----op-� llate. coun,,-%, tlle purpas-c-s set 6 by he-jr-e:;-n.. TAN. Wllli,Nl�ss. the berctc have caused 'Uhese pre- to be (,.,xe-lu-tcd uyycal Clay ni-lcl year first above I For, jm!T 'ZB� lit: ive crk o j� i-lie -Bow---d (.3j, le fjy A To Y"I )�Y CIT7. Oil' ROSEYIEEAD By —:, 0' 7 .ADOPTED 130A3� N SUPERVISORS -,Y OF LOS ANGELES 70 MAR 61973 JAMES S. MIZE EXECUTIVE OFFICER J. 0 0 r. 20 C, 21 22 2• 26 2-", 2 ili not !,.a valid �md cj -an), force. -.r)cl 8 This J- liect; Z17.1 to as not CA, -ior, upcm ti110 .:C u! nt:; 1 nre. app----op-� llate. coun,,-%, tlle purpas-c-s set 6 by he-jr-e:;-n.. TAN. Wllli,Nl�ss. the berctc have caused 'Uhese pre- to be (,.,xe-lu-tcd uyycal Clay ni-lcl year first above I For, jm!T 'ZB� lit: ive crk o j� i-lie -Bow---d (.3j, le fjy A To Y"I )�Y CIT7. Oil' ROSEYIEEAD By —:, 0' 7 .ADOPTED 130A3� N SUPERVISORS -,Y OF LOS ANGELES 70 MAR 61973 JAMES S. MIZE EXECUTIVE OFFICER • 0 2 10 11 12 13 22, 23 _2_4_1 25 26 27 28 29 31) 31 32 14 35' z < 16 < SUPPLEMENT .. �4, Priox ct 17 14412­3 0 19 Date: 'June 30, 1973 T. 6 20 0 AG. NU 3Zk), 1 21 22, 23 _2_4_1 25 26 27 28 29 31) 31 32 THIS AGREE.,.,iENT entered into this d'ay C) f BY AND BETWER! Or ins AWISS, hcreinnfter referreJ to as "cotulty", AND CITY OF ROSEMEAD, a municipal corporation, hareinafter reiOrrej to y 14 1 T N E*S S E T H: THAT WHEREAS, the County is desirous of contracting with t 1 1,Ie City for the maistennace of the grounds of County buildings locaLcd in said City at 8800 Valley Boulevard,' Rohmead, California; ti1HERF1iS, the City is agreenble to rendering such serviges on- theterbs gnt forth;W01— conlrdat--i-s- authorized and provided for by tha provisions of Section 5F -1%4 of.the Charter of the County of Los Angeles and Title 1, Division 7, Chafter 5 (Sections 6500 et SQ.) of the .Government Code. NO 1) THEREFORE, in consideration of the mutual covenants, con•• ditions and promis•s contained Areinbelow, it is mutually agreed by th-2 parties hereto as-fallows: 1. for maintenance and services, County to pay to City an demand tho sluj'a or $3,100,00. - 1 .. SUPPLEMENT .. �4, Priox Ground Mninte!"a:-tf.'t_ 14412­3 Expiration Date: 'June 30, 1973 AG. NU 3Zk), 14412-4 THIS AGREE.,.,iENT entered into this d'ay C) f BY AND BETWER! Or ins AWISS, hcreinnfter referreJ to as "cotulty", AND CITY OF ROSEMEAD, a municipal corporation, hareinafter reiOrrej to y 14 1 T N E*S S E T H: THAT WHEREAS, the County is desirous of contracting with t 1 1,Ie City for the maistennace of the grounds of County buildings locaLcd in said City at 8800 Valley Boulevard,' Rohmead, California; ti1HERF1iS, the City is agreenble to rendering such serviges on- theterbs gnt forth;W01— conlrdat--i-s- authorized and provided for by tha provisions of Section 5F -1%4 of.the Charter of the County of Los Angeles and Title 1, Division 7, Chafter 5 (Sections 6500 et SQ.) of the .Government Code. NO 1) THEREFORE, in consideration of the mutual covenants, con•• ditions and promis•s contained Areinbelow, it is mutually agreed by th-2 parties hereto as-fallows: 1. for maintenance and services, County to pay to City an demand tho sluj'a or $3,100,00. - 1 .. 27 agents or employees. City also agrees to de.f:end. County against Al 28 claims and SUMS hrOUgl.lt. against the County, its officers, agE`nt 2j and cap loyees arising out of or in .^ny way connected with or inci den . 1 to this agreement, i:nclu.di.ng dan` erons conAlions of the grouinds 30 31 ( negligence on the part of any City personnel.. i a 11 2. This <i,`- ',reemenn shall conrneuce 6a July 3. 1972I� 3 lxxxx and Lermiratc on June 30 1973 ., _ _ __ ���, 3. 'City Will maintain. Ma good and workumnlilce menn.er the 5 gre;:-Ids of the County building(s) located at above listed location(s) C I said maintenance to consist of mowing and edging grassed areas, i 7 1 prom -ng o:C shrub S,' cultivation of flower beds, application of .`?t'ite'r, fui'nisnilg and a} %1 :lyling insecticides all:_' `erMi..^.er. krE 4. For the il•,L' prose of ?f.'.A.fO:` ?al'ig .,ti7.:]. grouads L1aint:nance, . --- " -_ - it City -she l_l. necessary sac labor wupvrvision, e�Ui'n �; "t and sIt necessary to maintoin. the grounds at a level. � 12 r Of appearance comp cable to City facilities. Such maintenance 13 shall include the renovation and sending of lr n a eas at least c lce _ 14 � d„ring the ye.=_ . 15 Ii 5. 'Co11_r:ty mat : +replacc; at its discretion, all plants!; shrubs, <° 1G and L:(e upon = .cti.. i aticll of Lct! r!c;eci from file Cit:; . G.it.y ,h�;,.i i .�< o 17 I ,y s. 1 not alter the landscape in any manrr4r. I.OL' other Isi., >e provided for i u < ' herdiln. v lE E 0 vi Z I r R J, d _ 1j G. County shall not be called upon to assume any liability for I a < i the direct pay-me)nt of any salaries, I;ages, or other compensation to � zoo 20 T J. I eny.Cit-y personnel performing services herounder, for said County. _21 i 7 City shall' : tdeatZl..Cy and h.o3.d County harmless from any 22 _ -- — -_ -- 1- liabi.155 t-y arising--from or i.a -any Bray connect:.!d with any activity �� performed by City pu:: suant to this agreement: or resulting iron a � 24 i dangerous or defective. condition. of property subject to this agree- 25 2 . 6 ment existing by reason of any act: or omission by the City or its 27 agents or employees. City also agrees to de.f:end. County against Al 28 claims and SUMS hrOUgl.lt. against the County, its officers, agE`nt 2j and cap loyees arising out of or in .^ny way connected with or inci den . 1 to this agreement, i:nclu.di.ng dan` erons conAlions of the grouinds 30 31 ( negligence on the part of any City personnel.. 2� I �i 5 " G 7 s 11 _.12 13 14 J.� 24 :, 25 26 27 28 29 30 31 6»70..7232.. c. IT s a ze_.r?cL:t.suL.3.E rlst. l,e valid and of any force arld effect $lid dOC'_S 11,"3: :i.impos, . any ob1.1p.3t:J_—an upon the'CoLmlEy Ll%llesr s11::1 Until funds nre appropriated by the County for the purposes set 1 :017th 11erein. . In WITNESS trLc parties 1leret0 have CaUti C:Cl. tI1CSe (=rtt i to� be execi2:` °d upon the day mid year first above vritlC9lle - CITY 0` ROSE14EAD 'y Cloy Ci 'ri. ,,PInl ")VIED As TO , D `Il City tit Lo0:atcy "CO.TENTY OT Tf)S ,fU7,GLT ES By Cil £ilii,t8l2y :GBX'Ci GZ St? 'Cr_V1. 60rS ry FATTEST: ° \Z= 1- . CA Iv RNl5 J31IES S. I'lJ_ E tecuti.ve Offic.er� Cleriz of the Board of Supervisors 1 Dep.l - APP20WED AS TO FOMI: 3014N I). lViIIARG county Counsel I'y Deputy _ � ADOPTED BOARD OF SUPERVISORS COUNTY Cr l'JS P .' - - -- 84 . 3 .,. 3 01972 iva -Ls s. SAIZE EXECUTIVE OFFICES 4a 15 -_.16 c 17 o' <_;<, 19 x F < r 20 .0 ...'21 22 J.� 24 :, 25 26 27 28 29 30 31 6»70..7232.. c. IT s a ze_.r?cL:t.suL.3.E rlst. l,e valid and of any force arld effect $lid dOC'_S 11,"3: :i.impos, . any ob1.1p.3t:J_—an upon the'CoLmlEy Ll%llesr s11::1 Until funds nre appropriated by the County for the purposes set 1 :017th 11erein. . In WITNESS trLc parties 1leret0 have CaUti C:Cl. tI1CSe (=rtt i to� be execi2:` °d upon the day mid year first above vritlC9lle - CITY 0` ROSE14EAD 'y Cloy Ci 'ri. ,,PInl ")VIED As TO , D `Il City tit Lo0:atcy "CO.TENTY OT Tf)S ,fU7,GLT ES By Cil £ilii,t8l2y :GBX'Ci GZ St? 'Cr_V1. 60rS ry FATTEST: ° \Z= 1- . CA Iv RNl5 J31IES S. I'lJ_ E tecuti.ve Offic.er� Cleriz of the Board of Supervisors 1 Dep.l - APP20WED AS TO FOMI: 3014N I). lViIIARG county Counsel I'y Deputy _ � ADOPTED BOARD OF SUPERVISORS COUNTY Cr l'JS P .' - - -- 84 . 3 .,. 3 01972 iva -Ls s. SAIZE EXECUTIVE OFFICES 76T57$R —Cdb 6 -71 1 2 3 4 5 6 7' 8 9 10 11 12 13 14 J Z N 15 Z 0 a - 16 Z _N = 0 z p 17 p J N <<u ° .18 0 N Z = J W o < y 19 = z < Z 20 S J 0 21 22 23 24 25 26 27 2a 29 30 31 32 14412 U YVLtMtNT_� CITY OF ROSEMEAD GROUNDS MAINTENANCE AGREEMENT NO. 14412-3 THIS AGREEMENT made and entered into this //` day of , 197.12 BY AND Be AND COUNTY OF LOS _ANGELES, a body corporate and politic, hereinafter referred to as 91County," CITY OF ROSE11rAD, a municipal corporation, hereinafter referred to as nCit '1 Y� W I T N E S S E T H: WHEREAS, the County is desirous of.contraeting with the City for the maintenance of the grounds of County buildings located at 8800 Valley Boulevard in said City; and WHEREAS, the City is agreeable to rendering such services on the terms and conditions hereinafter set forth;.._and WHEREAS, such contract _s authorized and provided for by ........... the provisions of Section 56 -1/4 of the Charter of the County of Los Angeles and Title 1, Division 7, Chapter 5 (Sections 6500 et sec.) of the Government Code; and WHEREAS, the parties hereto on July 1, 1968, entered into Grounds Maintenance Agreement No. 14412 under the terms of which City provided grounds maintenance of County -owned buildings located at 8800 Valley Boulevard; and WHEREAS, said Agreement expires on June 30, 1971; and WHEREAS, it.is the desire of the parties hereto to renew said Agreement for an additional period of one (1) year, commencing July 1;.1971, and expiring June 30, 1972, under the -1 ! 76T575R —Cdb 6.71 1 2 3 ! 5 6, 7I s 9 10 11 12 13 14 � I m N 15 Z Z o 0 0 o < ° 16 i Z F a Z N Z - . o K o . 17 U y d �LLU 1s W 0 = W 0 a a 19 x Z Z o �j 20 2 � 0 21 22 23 24 25 26 27 2$ 29 30 31 32 • , • following terms and conditions set forth below. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained hereinbelow, it is mutually agreed by the parties as follows: 1. In consideration for maintenance and services., and subject to the budgetary appropriation being made by County,' County agrees to pay to City on demand the sum of THREE THOUSAND ONE HUNDRED AND N0 1100 DOLIARS (S3,100.00). This agreement shall commence on July 1, 1971, and terminate on June 30, 1972. 3. City will maintain in a gcod and worlananlike manner the grounds of the County buildings) located at above listed location(s), said maintenance to consist of mowing and edging grassed areas, pruning of shrubs, cultivation.of flower beds, application of water, furnishing and applying insecticides and fertilizer. City shall also maintain in a good and workmanlike manner the fountain at the above listed location(s), and said fountain maintenance shall consist, but not be limited to, Water testing, cleaning filters, adding chemicals, maintenance of all mechanical equipment, and the replacement o* faulty lights. 4. For the purpose of performing said grounds maintenance, City shall furnish and supply all necessary labor supervision, equipment and supplies necessary to maintain the grounds at a level of appearance comparable to City facilities. Such maintenance shall include ,the renovation and seeding of lawn areas at least once during the year. 5. .County may replace, at its discretion, all plants, shrubs, and trees upon notification of such need from the City. City shall not alter the landscape in any manner not otherwise provided for herein. —2— 76T575R —Cdb 6 -71 i 2 3 4 5 6 7 s 9 10 11 12 13 14 J i N 15 Z O O < 16 � c a z z o Z o n 17 U F ri ❑ < < N t7Un is Q O 6 z i <�6 1^ I I I Z O 2� p 0 21 22 23 24 25 26 27 28' 29 30 31 32.' 6. County shay_ not be called upon to assume any liability for the direct_ payment of arty salaries, wages, or other compensation! to any City personnel- performing services hereunder for said County, 7. City shall i::demnify and hold County harmless from any liability arising from or in any way connected with any activity performed by City.pursuant to this agreement or resulting from a dangerous or defective condition of property subject to this agreement existing by reason of any act or omission by the City or its agents or employees. City also agrees to defend County against all claims and suits brought against the County, its officers, agents and employees arising out of or in any way connected with or incident: to this agreement, including dangerous conditions of the grounds and neglime nce on the part of any City personnel. —3— { 76TS75R —Cpb 6 -71 1 i 2 l 3� 4 i 5 6 I 7 s 9 10 11 12 13 i 14 J z N 15 O o r c a 16 z i z o z 0 a 17 I U u O J N a U W 18 { = 0 u O C J W d 19 � z � a Z N 20 a 0 � ° ' 21 1 22 23 .24 25 26 I .27 28 29 30 31 32 li 0 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed uaon.the day and year first above written. ATTEST: City Clerk APPROVED AS TO FORM: By City Attorney ATTEST: COUNTY OF LAS ANGELES Byb�.l 4 A C"!csr0lar., uoard Cf Supervasors JA24ES S. MIZE, Executive Officer - Clerk of the Board of Suaervisors By DeDUty APPROVED AS TO FORM: • Byu& ��► .' wrputy -- G JAB:at 7/8/71 ADODTM BOA0 Of COUNTY OF LOS A!'33_-5 JUN 791971 JAMES S. MIZE EXECUTIVE OFFICER 7CPSMS M I ,9 -L N -r c r a U � O a < U 0 2 U'. 1 7 f) W W u G I 15 16 i7 14412 EM z -CITY -OF - HOSEME:AD GROUNDS IAINV'CENANCE ;t AC]iLTi( =t NO. 14412 i Tti I5 ACn ; ENT made and enter cc into this /4011. day of , 1970, 7 BY AND BETtdErN ---COUNTY Or LOS ANGELES, a body corporate end politic, hereinafter referred to as "County ", AND ; CITY OF ROSMEAD, a municipal corporation, hereinafter referred to as "City" -WiTNESSETR: WHEREAS, the County is desirous--of contracting Keith the City for the maintenance of the grounds of County buil6ings ].CCatisd at 8800 Valley Boulevard in said City; aL_d 18 WRERE:AS, the City in agreeable to rendering scnh 19 II Services on the berms and Conditions hereinaftet set forth 20, and 21 22, 23 . WHEREAS, such contract- is authorized nn" ])rovidad for ri by the provisions OF Seci.ioi 56-•1114 of the Chartoo cf tae "o'" My of ],os Angeles and Title 1, D-i.vi_s:ibn i', Chapter. 5 (sections 6500 74 e t of the G overnmen t code; and 2- 'I WHEREAS, the parties hereto on July 1, 1068, entered into Grounds Malnt_ennnce Agreement No. 14412 under the tdrms K, 27 1i 1 'Vhi ch City provided grounds maintenance of County -owned buildings i I 2S. j located at 8800 Valley Boulevard; and 29 WHEREAS, said Agre2men.t expi.re's on June 30' 1970, • tyr "1L'J.L�:::S, ...c is the - desire of the parties hereto to -? p r2new wid Agreement for an additional period of one .(1) year, it k i 2 3 5 6 i E S' 10 11 12 13 14 -L N -r c r a U � O a < U 0 2 U'. 1 7 f) W W u G I 15 16 i7 14412 EM z -CITY -OF - HOSEME:AD GROUNDS IAINV'CENANCE ;t AC]iLTi( =t NO. 14412 i Tti I5 ACn ; ENT made and enter cc into this /4011. day of , 1970, 7 BY AND BETtdErN ---COUNTY Or LOS ANGELES, a body corporate end politic, hereinafter referred to as "County ", AND ; CITY OF ROSMEAD, a municipal corporation, hereinafter referred to as "City" -WiTNESSETR: WHEREAS, the County is desirous--of contracting Keith the City for the maintenance of the grounds of County buil6ings ].CCatisd at 8800 Valley Boulevard in said City; aL_d 18 WRERE:AS, the City in agreeable to rendering scnh 19 II Services on the berms and Conditions hereinaftet set forth 20, and 21 22, 23 . WHEREAS, such contract- is authorized nn" ])rovidad for ri by the provisions OF Seci.ioi 56-•1114 of the Chartoo cf tae "o'" My of ],os Angeles and Title 1, D-i.vi_s:ibn i', Chapter. 5 (sections 6500 74 e t of the G overnmen t code; and 2- 'I WHEREAS, the parties hereto on July 1, 1068, entered into Grounds Malnt_ennnce Agreement No. 14412 under the tdrms K, 27 1i 1 'Vhi ch City provided grounds maintenance of County -owned buildings i I 2S. j located at 8800 Valley Boulevard; and 29 WHEREAS, said Agre2men.t expi.re's on June 30' 1970, • tyr "1L'J.L�:::S, ...c is the - desire of the parties hereto to -? p r2new wid Agreement for an additional period of one .(1) year, it k i connnencing -July 1,-1976, anal- exPi_ri.;g - June -30; -1971,-,under the following terms aid Eondi.tions set forth below. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained hcreinbelow, it is mutually agreed by the parties as foll.ews: 1. .In consideration for maintenance and service's, -- County - agrees - -to `pay to-City on demand - -the sum of--TWO THOUSAND 8 FIVE HUNDRED DOLLARS {$2,500)., -_ 30 9_. .2. This Agreement sha11 commence on July 1, 1.970 and 2 terminate on June 30, 7.971. •3 11 4 • 5 I the grounds of. the County-buildings located at above - listed 6 --13 location, said- maintenance -to consist, o - mowing and edving connnencing -July 1,-1976, anal- exPi_ri.;g - June -30; -1971,-,under the following terms aid Eondi.tions set forth below. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained hcreinbelow, it is mutually agreed by the parties as foll.ews: 1. .In consideration for maintenance and service's, -- County - agrees - -to `pay to-City on demand - -the sum of--TWO THOUSAND 23 5. County may replace, at its discretion, all plants, 2,4 shrubs, and trees upon notification of such need from City. -25 City shall not alter the landscape in any manner not otherwise 26'I provided for herein. 2711 23 I 29 � 8 FIVE HUNDRED DOLLARS {$2,500)., -_ 30 9_. .2. This Agreement sha11 commence on July 1, 1.970 and 10 terminate on June 30, 7.971. City shall, indemnify and hold,County harmless from 11 3. City will maintain in a good and workmanlike runner arising from or in any way 12 I the grounds of. the County-buildings located at above - listed --13 location, said- maintenance -to consist, o - mowing and edving 1,� - grassed areas, pruning of shrubs, cultivation of - flower "beds, - N _15_ —application _of._wa -ter, _.furnishing -and*- applying - insecticides p 7. O °,, -_Q 1ti _and fertilizer, and cleaning and changing the lights in the fountain. 2 N C) z ]7 4. For the pLr]iOSE?- Of performing said grounds (, V -1_. _1.M.___18- LL maintenance, City- shall ,`.urni_sh_and..supply all necessary labor Q 'L G 19 supervision, equipment and supplies necessary to maintain toe x 'r ° a z 0 -o 20 grounds at a level of appearance com ,- PP' parable to Ci-y facilities. z �, 0 l 21 Such maintenance shall_ include the renovation and seeding of 22f lawn areas at least once during the year. s 23 5. County may replace, at its discretion, all plants, 2,4 shrubs, and trees upon notification of such need from City. -25 City shall not alter the landscape in any manner not otherwise 26'I provided for herein. 2711 23 I 29 � 6. County shall not be called liability for the direct p of an y payment other compensation to any City p ersonnel upon to assume any s , salarie s, , wages, or p a rforming services 30 hereunder for said County. 31 7. City shall, indemnify and hold,County harmless from ' 32 any liability arising from or in any way connected with, any -2- i6T<i7d H -Cdb K -!9 2 3 4 6 7 S 9 10 11 12 13 14 w 15 z 'L J � N p o q o 1.6 v f q _ Q F K zNZ - 17 U, � a u 1; d J 19 g = i raga 20 r Lu N .' O 21. - -22- 23 24 25 26 27 2,9 •30 31 KCB •... 5/1.2/70 i activity performed by City pursuant to this Agreement or resulting from ,a dangerous or defective condition of property subject to this Agreement existing by reason of any act or omission by City or Lts agents. or employees. City also agrees to defend County i I against all claims arising out of or in any way connected with or incident to this Agreement, including dangerous "conditions of the grounds and negligence on the part of any City personncl. IN WITNESS.WHEP..EOF, the parties hereto have: caused these presents to b� executed upon. the day and year first above written. CITY OF ROSEMEAD May r. ATTEST: By City Cler& APPROVED AS TO FORM: B} Citv Attorney pF LOS 44,,, . COUNTY OF LOS ANGELES + + 000 44 41 a ,EM hai_r man, -li0 rd -o:f- Supervisors e ATTEST: PA­ a JAMES S. AiIZE, Executive Officer— Clerk of the Board of Supervisors Ly�� Deputy APPROVED AS TO FODM: / 7O1IN D. MAHARG County Counsel P, y Deputy ADOPTED' BOARD OF SUPERVISORS 'COUNTY OF LOS ANGELES E 93 MAY 51970 mxZs 3- Cff 0 0 i 1 _. 2 3 4 5 6 7 II 9 10 1t 32 i3 ig W Iv z U - m , '! •i � 17 0 d r y • 19 S T n q? 20 Deb a c 2i 22 22 24 25 26 27 28 29 30 31 32. 0 - �. 40 C:ct:JUNDS hL1I.T1.,T_ENANCE AGPT•ENENT NO. 14412 - THIS AGREEMENT enl:ered into this. 3Z� BY AND BETWEEN AND 14412 SUPPLEMENT I day of - CO1JN'.iY 017 LOS ANGELES, a body corporate and politic, hereinafter referred to Ls "County ", cinafter referred to "City", as L,!.ty , W i T N E S S E T H WHEREAS, the County is desirous of contracting wiQ the. Cagy for Lie maintenance of the grounds of Quaty buildings located at 8800 Valley Boulevard in said City; and Wi'ITl {ZAS, the City is ". seeable to rendering such services on the terms •_tn.i conditions hereinafter Set forth; and e WHEREAS, such contract is authorized and provided for by the provisions of Section 56-1/4 of the Chnrcer of the Counay of Lori i Angeles and Title 1, Division 7, Chapter 5 (§ §6500 et Seq.) of the Government Code; and WHEREAS, the parties hereto on Jul 1 1968 entered . Y into Grounds Maintenance Agreement No. 14412 tinder the t-� rns of which City provided- grounds ma+_stonance of County- owned buildings io'o,Led at 8800 Valley Boulevard; and WHEREAS, Said agreement expires on ; and June 30, 1969 WEEREAS, it is the desire of the parties hereto to renew said agreement for an additional period of one (1) year, comet ncin 004-and expiring 19703 under the July 1, June 30, .following terms and conditions set fcrt.h below. -K. J W 0 O o U U p q } < Q j h N o o U - b l7 < Q m 4! < U v, x n Y Vi Q' � u < x z p q < Z s � 0 - f I i 2I 4 (I 5 6 7 8 9, 10 it 12 13 14 is 16 17 18 19 2,0 21 22 23 2,4 25 26 2,7 23 29 30 31 32 NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained hereinbelcw, it is mutualI.y agree by the parties as follows: 1. In consideration for maintenance and services, County agrees to pay to City on demand the sum of Wo Thousand Five Hundred Dollars ($2,500.00). 2. This agreement shall commence on July 1, 1969 and terminate on June 30, 1970. . 3. City will maintain in.a good and workmanlike manner the grounds of the County building located at above listed location, said maintenance to consist of mowing and edging grassed areas, pruning of shrubs, cultivation of flower beds, application of water.,, furnishing and applying'i.nsectinides and fertilizer. .4. For the purpose of performing said grounds maintenance, City shall furnish and supply. all necessary labor supervision, equipment and supplies necessary to maintain the grounds at a level of appearance comparable to City facilities. Such maintenance steal. include the renovation and seeding of lawn areas at least once during the year.. 5. County may replace, at.its discretion, all plants, shrubs and trees upon notification of such need from City. City shall not alter the landscape in any manner not otherwise provided for herein 6. County shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensatio to any .City personnel performing services hereunder for saY County 7. City shall indemnify and hold' County liarmle.ss from any liability arising from or in any way connected with any activity performed by City pursuant to this agreement or resulting from a dangerous or defective condition of.property subject to this agree- ment existing by reason of any act or omission by City or its agent or employees. City also agrees to defend County against all claims arising out of or in any way connected with or incident to this 4G "c'S7511—cd, 1689 'I 7 7, 3 4 5 6 7 EI 9 1 z 12 13 14 z 1s Z 0 0 0 16 L Z -17 0 L ej 1E G U o u c: c °f 19 C 1 w r < 20 T J 0 21 II 22 23 24 25. 26 2.7 28 29 31 32 I-IV L : agreement, including dangerous conditions of the grounds and negli _gence on the part of any City personnel., IN WITNESS WHEREOF, the parties hereto have caused thes presents to be executed upon the clay and year fi.rst above wri.tte;i. CITY OF ROSEMM ATTEST: City Clerk APPROVED AS TO FORM: City Attorney By Mayor COIJNTY C)li 'LOS ANGELES J ATTEST: All pR �P JAi�ff;S S. MIZE, Executive Officer- Clerk- of th.e Board of Supervisors -By .. Dep is . APPROVED AS TO FORA: JOHN D, Mt%HARG County Counsel By Deputy _ : .lam rIIlan, j APPROVED BOARD OF SUPERVISORS COUNTY OF LOS ANGELES J 2 4196 DAMES S. MIZE VUUTIVE OFFICER 0 0 0 0 jj AGR•ENT-GnOUNDS MAINTENANCE L*COUNPy 14412 BUILDINGS ii THIS made and entered into this day of 2 1968, by and between the COUNTY OF LOS ANGELES, 3 1 1hercinafter sometimes referred to as ",County" and the CITY OF 4[,ROSEMEAD, hereinafter sometimes referred to as "City." 5 YJ' I T N E S S E T H 6 THAT 1,11HEREAS, the County is desirous of contracting with the 71City for the maintenance of the grounds of County Library building ilocated at 8800 Valley Boulevard in said City; and 91 WHEREAS, the City is agreeable to rendering such services on 10.1-the terms and conditions hereinafter set forth; and lu 11 WHEREAS, such contract it authorized and provided for by the V1 12 provisions of Section 56-1/4 of the Charter of the County of Los < 13 Angeles and Title 1, Division 7, Chapter 5 (Section 6500 et seq:) 101 'oz; _j LL 14 0 of the Government Code; 15 NOW, THEREFORE, IT IS AGREED as follows: 0 16 1. City will maintain in a good and workmanlike manner the owl j J� - j w 17 grounds of the County building located at above listed location, 0 -D .0 Isaid maintenance to consist of mowing and edging grassed areas, U 19 pruning of shrubs, cultivation of flower beds, application of water, 0 20 'furnishing and applying insecticides and fertilizer. 2. For the purpose of performing said grounds maintenance, 22 City shall furnish and supply all necessary labor, supervision, 23 equipment and supplies necessary to maintain the grounds at a level 24 of appearance comparable to City facilities. Such maintenance may. 251include the renovation and seeding of lawn areas at least once 26 iduring the year. 27 3. County may replace, at its discretion, all plants, shrubs, 28 i :and trees upon notiCication of such need from the City. City shall 291 11not alter the landscape in any manner not otherwise provided for 301:1 inerein 32 1 2 3 d 5 6i 7 8' 91 10! 111 12 13, 14 15 17 18I 19 20 21 22 23 24 25 26 27 28 29 30� 31 32 • 4. In consideration of such maintenance and services, County agrees to pay to the City on demand the sum of $1.94.50 monthly or $2,334 for the period beginning July 1, 1968, to June 30, 1969 This agreement shall terminate on June 30, 1969, or upon sixty days' written notice by either party. 5. County shall not be called upon to assume any liability for the direct payment of any salaries, wages or other compensation to any City personnel performing services hereunder for said County. 6. City shall indemnify and hold County harmless from any liability arising from or in any way connected with any activity performed by City pursuant to this agreement or resulting from a dangerous or defective condition of property subject to this agree- ment existing by reason of any act or omission by the City or its agents or employees., City also agrees to defend County against all claims and suits brought against the County, its officers, agents and employees arising out of or in any way connected with or inci- dent to this agreement, including dangerous conditions of the grounds and caused by the negligence on the part of any City personnel. IN WITNESS WHEREOF, the parties hereto have.caused these presents to be executed upon the day and year first above written. CITY OF ATTEST: By a or o i• y C er c, City o - Rosemead— ATTEST: JAMES S. MILE, Executive Of-fi' and Cleric, Board of Supervi o� By lleputy APPROVED AS TO John jD. MahQQar{�g�-, County Counsel By _1L d�!_. Deputy LOS oaro o I%_ upervi_sors