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CC Resolution 1982-068'b RESOLUTTON NO.82-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AGREE- MENT WITH THE COUNTY OF RIVERSIDE FOR GENERAL SERVICES. BE IT RESOLVED by the City Council of the City of La Quinta, California, to approve an Agreement for General Services between the County of Riverside and the City of La Quinta, and to authorize the Mayor to execute the Agreement on behalf of the City of La Quinta. APPROVED and ADOPTED this 7thday of December 1982. MAYR?: X ATTEST: CITY APPROVED AS TO FORM: APPROVED AS TO CONTENT: TY A CITY MA?AGER BIB] 04-24-1996-U01 09:39:19AM-U01 CCRES-U02 82-U02 68-U02 'b 1 AGREEMENT-GENERAL SERVICES 2 3 THIS is made and entered into this day of 4 19 by and between the COUNTY OF RIVERSIDE, 5 hereinafter referred to as County", and the CITY OF LA QUINTA, 6 hereinafter referred to as City". 7 8 W I T N E S S E H: 9 10 That for and in consideration of the mutual promises and 11 covenants herein contained, and of Article I, Chapter 1, Part 2, 12 Division 1, Title 5 of the Government Code, said County agrees, 13 through its respective officers and departments, to perform all 14 functions of said City relating to or performed for said County by 15 said officers or departments, respectively, as hereinafter provided 16 for, except as to those services which are now or may hereafter be 17 made the subject of separate and special contracts with the City 18 and for which other provisions are in such contracts made. 19 The following terms and conditions shall govern the per- 20 formance of all municipal functions performed hereunder: 21 1. By reason of the limitations upon the expenditure of 22 County funds provided for in Section 6 of Article 16 of the Con- 23 stitution of the State of California, said City shall pay to said 24 County the entire cost to said County of performing each such 25 function, including salaries and wages of all employees engaged 26 therein, all supervision over such employees while so employed, a 27 prorate of all departmental overhead, clerical work, office sup- 28 plies, depreciation on machinery and equipment, traveling expenses, GERAW J G?RUNGS COL!NTY COUNSEL $?E 300 3535 Icral SThEEJ RTvtRSI? CAUFORNIA 1 BIB] 04-24-1996-U01 09:39:19AM-U01 CCRES-U02 82-U02 68-U02 'b 1 ncluding mileage of employees, and all other cost and expense in- 2 idental to the performance of each of such functions. The rate 5 harged for each function shall be recomputed annually and revised 4 ccordingly, and thereafter charged at such revised rate. 5 In computing the cost of the use of machinery and equip- 6 ent, the full ost to said County of rented machinery and equip- 7 ent shall be included. 8 2. No County officer or department shall perform for said 9 ity any function not coming within the scope of the duties of such 10 fficer or department in performing services for said County. 11 3. No service shall be performed hereunder unless said 2 ity shall have available funds perviously appropriated to cover 15 he cost thereof. 14 4. No function or service shall be performed hereunder 15 y any County officer or department unless such function or service 16 hall have been requested in writing by said City on order of the 17 ity Council thereof or such officer as it may designate1 and ap- 18 roved by the Board of Supervisors of said County, or such officer 19 s it may designate, and each such service or function shall be per- 20 ormed at the times and under circumstances which do not interfere 21 ith the performance of regular County operations. 22 5. Whenever the County and City mutually agree as to the 23 ecessity for any such County officer or department to maintain 24 dministrative headquarters in said City, said City shall furnish 25 its own cost and expense all necessary office space, furniture 26 nd furnishings, office supplies, janitor service, telephone, light, 27 ater and other utilities. In all instances where special supplies, 28 tationery, notices, forms, and the like must be issued in the name AMES H. ANGELL COUNTY COUNSEL LAW LIBRARY BL?)G RIVERSIDE, CAU?ORNIA 2 BIB] 04-24-1996-U01 09:39:19AM-U01 CCRES-U02 82-U02 68-U02 'b 1 of said City, the same shall be supplied by the City. 2 It is expressly understood that in the event a local admin- 5 istrative office is maintained in said City for any such County 4 officer or department, su?h quarters may be Used by said County 5 officer or department in connection with the performance of its 6 duties in the territory Outside of said City and adjacent thereto, V provided, however, that the performance of such Outside duties 8 shall not be at any additional cost to said City. 9 All persons employed in the performance of such ser- 10 vices and functions for said City shall be County employees, and no 11 City employee as such shall be taken over by said County, and no 12 person employed hereunder shall have any City pension, Civil service 13 or other status or right. 14 For the purpose of performing such services and functions, l5Iand for the purpose of qiving official status to the performance 16 thereof, every County officer and employee engaged in performing any 17 such service or function shall be deemed to be an officer or em- 18 ployee of said City while performing service for said City within 19 the scope of this Agreement. 20 7. Said City shall not be called upon to assume any ha- 21 bility for the direct payment of any salary, wages or other compensa 22 tiOn to any County personnel performing services hereunder for said 23 City, or any liability other than that provided for in this Agree- 24 ent. 25 Except as herein otherwise specified,said City shall not 26 e liable for Compensation or indemnity to any County employee for 27 injury or sickness arising out of his employment. 28 I//I//I MES H. ANGELL COUNTY COUNSEL LAW LIBRARY BLDG. RIVERSIDE. CALIFOfiNIA 3 BIB] 04-24-1996-U01 09:39:19AM-U01 CCRES-U02 82-U02 68-U02 'b 1 8. Said County, its officer and employees, shall not be 2 deemed to assume any liability for the negligence of said City, or 5 of any officer or employee thereof, nor for any defective or danger 4 ous condition of the streets or property of said City, and said 5 City shall defend, indemnify and save harmless County and it? of- 6 ficers, agents and employees from any claim for injury or damages 7 resulting from any act or omission of County other than that caus- B ed by willful misconduct of County, its officers, agents or employ- 9 ees. 10 9. Each County officer or department performing any ser- 11 vice for said City provided for herein shall keep reasonably it???- 2 ized and in detail work or job records covering the cost of all 13 services performed, including salary, wages and other compensation 14 for labor, supervision and planning, plus overhead, the reasonable 151 rental value of all County-owned machinery and equipment, rental 16 paid for all rented machinery or equipment, together with the cost 17 of an operator thereof when furnished with said machinery or equip- 18 ment, the cost of all machinery and supplies furnished by the 19 County, reasonable handling charges, and all additional items of 20 expense incidental to the performance of such function or service. 21 10. All work done hereunder is subject to the limitations 22 of the provisions of Section 2?0O? of the Government Code, and in 23 accordance therewith, before any work is done or services rendered 24 pursuant hereto, an amount equal to the cost or an amount 10% in 25 excess of the estimated cost must be reserved by the City from its 26 funds to insure payment for work, services or materials providea 27 hereunder. 28 I//I//I MES H. ANGELL COUNTY COUNSEL LAW L?BRARY BLDG. RIVERSIDE. CALIFORNIA 4 BIB] 04-24-1996-U01 09:39:19AM-U01 CCRES-U02 82-U02 68-U02 'b 1 Each County officer or department performing any service 2 hereunder shall render to said City at the close of each calendar 3 month an itemized statement covering all services performed during 4 said month, and said City shall pay County therefor within twenty 5 20) days after receipt of such statement. If such payment is not 6 received by the County within thirty 30) days after rendition of 7 billing, County may satisfy such indebtedness from any funds of the 8 City on deposit with the County without giving further notice to 9 City of County's intention to do go, or through such other legal or 10 equitable relief as is available to County. 11 11. This Agreement shall become effective on the date 12 hereinabove first mentioned and shall run for a period ending 13 and at the option of the City Council 14 of said City, with the consent of the Board of Supervisors of said l5lcounty, shall be renewable thereafter for an additional period of 16 not to exceed five 5) years. 17 In the event said City desires to renew this Agreement for 18 an additional period not to exceed five 5) years, the City Council 19 shall not later than the of notify the 20 Board of Supervisors of said County that it wishes to renew the 21 same, whereupon said Board of Supervisors, not later than the last 22 ay of shall notify said City Council in 23 riting of its willingness to accept such renewal. Otherwise such 24 greement shall finally terminate at the end of the aforedescribed 25 eriod. 26 Notwithstanding the provisions of this paragraph herein- 27 bove set forth, either party may terminate this Agreement as of 28 he first day of July of any year upon notice in writing to the H. ANGELL COU'4TY COU?SEt W L?BRARY BLDG RJVERSID? CALIFO??IA 5 BIB] 04-24-1996-U01 09:39:19AM-U01 CCRES-U02 82-U02 68-U02 'b 1 other party of not less than two 2) calendar months prior to the 2 date of such termination. 3 12. This Agreement is designed to cover miscellaneous 4 and sundry services which may be supplied by the County of Riverside 5 and the various departments thereof. In the event there now exists 6 or there is hereafter adopted a specific contract between the City 7 and the County with respect to specific services, such contract with 8 respect to specific services shall be controlling as to the duties 9 and obligations of the parties anything herein to the contrary not- 10 ithstanding, unless such special contract adopts the provisions 11 ereof by reference. 12 IN WITNESS WHEREOF, said County has, by order or its Board 13 f Supervisors, caused these presents to be subscribed by the Chair- 14 an of said Board and the seal of said Board to be affixed thereto, 151 nd attested by the Clerk of said Board, and the City has caused 16 hese presents to be subscribed by its Mayor and the seal of said 17 ity to be affixed thereto and attested by the City Clerk of said 15 ity, on the day and year first above written. 19 20 COUNTY OF RIVERSIDE 21 22 By Chairman, Board of Supervisors 23 TTEST: 24 ERALD A. MALONEY lerk of the Board 25 26 y 27 Deputy 28 MESH?AN?ELL SEAL) COUNTY COUNSEL LAW LIBRARY BLDG. RIVERSIOF CALIFORNIA 6 BIB] 04-24-1996-U01 09:39:19AM-U01 CCRES-U02 82-U02 68-U02 'b 1 CITY OF LA QUINTA 2 3 By Mayor 4 ATTEST: 5 By? 6 City Clerk 7 8 sEAL) 9 10 11 13 14 15 16 lv 18 19 20 21 22 23 24 25 26 jf 27 1/15/82 28 AMES fi A?GELL COUNTY COUNSEL LAW LIBRARY BLDG. RIVERSIDE. CALIFORNIA 7 BIB] 04-24-1996-U01 09:39:19AM-U01 CCRES-U02 82-U02 68-U02