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CC - Item 4D - Staff Report Ground Maintenance Agreement- L.A County Library EM- 5 F, p R�\ ®4e;.1:14 ' stat f ep or TO: FRANK G. TRIPEPI, CITY MANAGER FROM: MICHAEL D. BURBANK, DIRECTOR OF PARKS AND RECREATIO DATE: JULY 7, 1999 RE: GROUNDS MAINTENANCE AGREEMENT - L.A. COUNTY LIBRARY The Los Angeles County Regional Library grounds have been maintained for the past twenty (20) years by the City under a Landscape Maintenance Agreement. The County reimburses the City of Rosemead for the work performed by our contractor on an annual basis. This relationship has been in effect for many years and has proven quite satisfactory to both agencies. RECOMMENDATION: It is recommended that the City extend the Agreement for another five years and that the Mayor be authorized to execute the Agreement. 07-n-b4s.doc/sb COUNCIL AGENDA JUL 131999 ITEM No. J-4`-• t2-7-b GROUNDS MAINTENANCE SERVICES CONTRACT COUNTY OF LOS ANGELES PUBLIC LIBRARY THIS AGREEMENT,made and entered into this day of 311999, is by and between the County of Los Angeles, hereinafter called the "County" and the City of Rgsemead, 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 1st 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. 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 finds are appropriated by the County for the purposes set forth herein. - z - 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 By City Clerk Mayor (SEAL) APPROVED AS TO FORM: BY City Attorney COUNTY OF LOS ANGELES BY Chair/Chairman, Board of Supervisors ATTEST: JOANNE STURGES Executive Officer-Clerk of the Board of Supervisors BY Deputy APPROVED AS TO FORM: COUNTY COUNSEL LLOYD W. PELLMAN By Deputy - 3 -