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2000 - Los Angeles County Library - Landscape and Grounds Maintenance Services Agreement (Agreement No. PL-ROS-24) Agreement 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 _______ day of ____________, 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. NOWTHEREFORE, 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 $9,196.00for unanticipated work Rout ine 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.Citywill 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.Librarywill 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, defendand 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 Agreementand 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 Libraryas 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 Libraryand 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 cancelthis 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. / / / / / / / / / / / / Page 3 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed upon the day and year first above written. ATTEST:CITYOF ROSEMEAD: By:_____________________________By:_____________________________ City Clerk: Ericka Hernandez City Manager: Ben Kim APPROVED AS TO FORM: By:__ _________________________ City Attorney: LA COUNT Y LIBRARY By: ____________________________ Skye Patrick County Librarian APPROVED AS TO FORM: DAWYN R. HARRISON CountyCounsel By_____ ______________________ Keever Rhodes Muir Senior Deputy County Counsel Landscape Agreement - City Of Rosemead 05.07.2024 Page 4 Attachment A SCOPE OF SERVICES FOR LANDSCAPE AND GROUNDS MAINTENANCE SERVICES CityOF ROSEMEAD Cit y 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 isdescribed in detail below: Li tter and Debris Removal/Clean-up/Weeding: 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 (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. 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. I nsect, 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