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HomeMy WebLinkAbout2020-02-25 - AGENDA REPORTS - RENEWAL OF INDUSTRIAL WASTE SERVICE AGMT (2)Agenda Item: 6 DATE: February 25, 2020 SUBJECT: RENEWAL OF INDUSTRIAL WASTE SERVICE AGREEMENT DEPARTMENT: Public Works PRESENTER: John Caprarelli RECOMMENDED ACTION City Council renew the Industrial Waste Service Agreement between the City of Santa Clarita and the County of Los Angeles for the enforcement of the City's Wastewater Ordinance. BACKGROUND The County of Los Angeles (County) Department of Public Works has serviced the City of Santa Clarita's (City) Industrial Waste Program since the City was incorporated in 1987. The City has a formal agreement in effect with the County to perform industrial waste permitting, inspection, and enforcement consistent with federal law, state law, and the Santa Clarita Municipal Code. This program is intended to prevent damage to the City's sewer system caused by hazardous materials such as industrial chemicals, fats, oils, and greases. The discharge of these materials is regulated through the operation of properly designed and installed equipment. The City does not have certified personnel on staff to perform the services covered by this agreement. The County bills the City for the cost of these services. In 2009, the City Council adopted Ordinance 09-8, adopting by reference the County of Los Angeles Code Title 20, Utilities, Division 2, Sanitary Sewer and Industrial Waste. As a result, the City's fee structure and any other amendments to the Industrial Waste Program remain in alignment with the County. The current five-year agreement expires on June 30, 2020, and the proposed five-year agreement will expire on June 30, 2025. The current agreement places a limit on expenditures. The proposed cap will remain at $500,000 based on anticipated permit activity over the next five years. All expenditures are offset by revenue, which is collected by the County and transmitted to the City on a quarterly basis. Page 1 ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT All costs associated with this agreement are recoverable and offset by revenue, which is collected by the County and transmitted to the City in expenditure account 14100-5161.001. The appropriation of the funds for fiscal years 2020-21 through 2024-25 will be proposed through the annual budget process and are contingent upon City Council approval. ATTACHMENTS Industrial Waste Service Agreement Letter from Los Angeles County requesting renewal Page 2 AGREEMENT BETWEEN THE CITY OF SANTA QLARITA AND THE COUNTY OF LOS ANGELES FOR ENFORCEMENT OF THE CITY'S WASTEWATER ORDINANCE THIS AGREEMENT is made and entered Into this day of 2020, by and between the CITY OF SANTA CLARITA (hereinafter referred to as CITY), and the COUNTY OF LOS ANGELES (hereinafter referred to as COUNTY). WITNESSETH WHEREAS, CITY has adopted Ordinance No. 09-8, adopting Division 2 of Title 20 of the Los Angeles County Code as amended, entitled Division 2 of Title 15 of the Santa Clarita Municipal Code, "Sanitary Sewers and Industrial Waste" governing the disposal of industrial wastes to the sanitary sewer and storm drain systems of the CITY ("CITY Ordinance"); and WHEREAS, CITY is desirous of contracting with COUNTY for the enforcement of the CITY Ordinance; and WHEREAS, COUNTY represents that it is capable, ready, and willing to render such services on the terms and conditions set forth in this Agreement; and WHEREAS this Agreement is authorized and provided for by the provisions of Section 56-1/2 of the Charter of the County of Los Angeles and Section 51301 et seq., of the California Government Code. NOW, THEREFORE, it is agreed as follows: Section 1. Services A. COUNTY agrees, through its Department of Public Works (DEPARTMENT), to provide enforcement of the wastewater provisions of the CITY Ordinance and the necessary services incidental thereto (collectively, the "Services"). Such Services shall only encompass duties and functions of the type within the jurisdiction of, and customarily rendered by, DEPARTMENT under the County Charter, statutes of the State, and various COUNTY ordinances. CITY delegates to the COUNTY the power and the authority to perform the Services. Services under the terms of this Agreement shall include the enforcement of the CITY Ordinance. Services may also include the filing of enforcement actions, filing of required reports, and issuing permits when so requested in writing by the CITY. Services shall not include any associated with the CITY's Standard Urban Stormwater Mitigation Plan or Low Impact Development requirements, unless expressly requested in writing by CITY. Services shall also not include inspection of open sanitary fills unless the CITY, by a separate written agreement of its Council, requests such services. Page 1 of 6 B. COUNTY shall retain full control and discretion over the manner of providing the Services, establishing standards for the performance of the Services and all matters incidental to the performance of such Services, including, but not limited to, the controlling of personnel employed to provide the Services. Section 2. CITY Cooperation To facilitate the performance of its duties and obligations under this Agreement, it is agreed the COUNTY shall receive the full cooperation and assistance from CITY, its officers, agents and employees. Section 3. Supplies COUNTY shall provide all labor, supervision, equipment, and supplies necessary to provide the Services. Notwithstanding any other provision of this Agreement, it is further agreed that in all instances wherein the COUNTY deems that it is necessary to use special supplies, including but not limited to stationery, notices, educational materials and forms, these special supplies must be prepared and issued in the name bf CITY, and the CITY shall supply them at its own cost and expense. COUNTY is expressly authorized by CITY to use CITY's name to perform the Services. Section 4. Status of COUNTY Employees A. All persons employed by the COUNTY in the performance of the Services for CITY shall be COUNTY employees and no CITY employee that may be involved in connection with the Services shall be considered an employee of the COUNTY. No COUNTY employee employed to perform the Services shall be deemed a CITY employee entitled to any City pension, Worker's Compensation, or to any other status or right as a CITY employee. B. For the purpose of performing the Services and for the purpose of giving official status to the performance thereof where necessary, every COUNTY officer and employee engaged in the performance of the Services shall be deemed to be an officer or employee of said CITY while performing Services for the CITY. CITY shall take all steps reasonably necessary to facilitate the performance by COUNTY of the Services. Section 5. Compensation of COUNTY Employees CITY shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any COUNTY personnel performing services hereunder for said CITY or any liability other than that provided for in this Agreement. CITY shall not be liable for compensation or indemnity to any COUNTY employee for injury or sickness arising out of his or her employment except as provided in Section 10 herein. Page 2 of 6 Section 6. CITY Ordinance Compliance with COUNTY Code This Agreement is entered into with the understanding that and contingent upon the CITY adopting and maintaining in full force and effect a CITY Ordinance substantially identical with the COUNTY Code, Title 20, Division 2. This Agreement may be terminated by COUNTY after 60 days written notice If CITY does not amend CITY Ordinance in accordance with amendments to COUNTY Code, Title 20, Division 2. The DEPARTMENT, acting on behalf of COUNTY, may use discretion and need not request CITY to adopt amendments which do not apply to CITY. Section 7. Collection of Fees. Upon request of CITY, COUNTY agrees to collect fees listed in the CITY Ordinance and to remit to the CITY, Within 60 days following each calendar quarter, all of the fees actually collected during such quarter. Said fees shall be deemed to be imposed by CITY and are not fees imposed by the COUNTY. COUNTY shall notify CITY of the COUNTY's intent to increase COUNTY fees or of any significant increases in costs to provide services on behalf of CITY, not less than 60 days in advance from when said increases take effect, not inclusive of Consumer Price Index (CPI) adjustments. The CITY shall be notified of any CPI adjustments within a timely manner before they take effect. COUNTY's collection activities shall be limited to generating and sending out Invoices and the receipt of fees identified in said Invoices. COUNTY's collection of CITY fees shall not include actions to satisfy unpaid or delinquent debts. The COUNTY shall notify the CITY of unpaid or delinquent debts in a timely manner for follow-up and collections procedures to be conducted by the CITY. CITY shall indemnify, defend, and hold harmless the COUNTY and its Special Districts, elected and appointed officers, employees, and agents from and against any liability including but not limited to any claims, demands, actions, loss, cost, expense, fees (including attorney's and expert fees) arising from or connected with the collection of fees. This indemnification is in addition to the Assumption of Liability set forth in Section 10 herein. Section 8. Payment by CITY to COUNTY for Services CITY agrees to pay COUNTY monthly for the Services. COUNTY shall present a monthly invoice in arrears to CITY for the Services. Payment shall be made by the CITY within thirty (30) calendar days after receipt of an invoice, for Expenditures relating to those Services rendered under this Agreement during the billing period. If such payment is not delivered to the COUNTY office described on said invoice within 30 calendar days after the date of the invoice, the COUNTY may satisfy such indebtedness, including interest thereon, from any fund the CITY has on deposit with the COUNTY without giving further notice to CITY of COUNTY'S intention to do so. COUNTY shall provide a detailed report of services provided by COUNTY on behalf of CITY, upon request by the CITY, and within 30 days of said request. Said report shall include a breakdown of costs and/or hours spent by COUNTY on specified project information as it relates to services described on COUNTY invoices. The City reserves Page 3 of 6 the right to withhold payment for any services not deemed reasonable and necessary by the CITY, "Expenditures" for Services for the purpose of this Agreement shall be the entire cost to said COUNTY of performing the Services, including direct costs and indirect costs. Costs shall include but not be limited to salaries of employees engaged therein, vacation, sick leave, retirement, traveling expenses, and overhead. Expenditures for services shall not exceed $500,000 per year, unless specifically authorized by the CITY. Section 9. Term and Termination This Agreement shall become effective on July 1, 2020, and shall expire June 30, 2025. Except as specifically set forth in Section 6, this Agreement may be terminated by either party for the material breach of the other party following written notice and a reasonable opportunity to cure. Notwithstanding the provisions of this paragraph, either party may terminate this Agreement at any time by giving 90 days notice to the other party. Section 10. Assumption of Liability The Assumption of Liability Agreement No. 59595 of the General Services Agreement executed by the CITY and adopted by the Board of Supervisors on June 21, 1988, and currently in effect is hereby made part of and is incorporated into this Agreement as if set out in full herein unless said Assumption of Liability is expressly superseded by a subsequent agreement, in which case the subsequent Assumption of Liability provisions shall apply to this Agreement. Section 11. Compliance and Obligations Nothing in this Agreement shall transfer to the COUNTY any responsibility or legal obligation of the CITY required by Federal, State, and local laws, permits, and regulations. Section 12. Governing Law This Agreement is to be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. Section 13. Amendment No modification or amendment of this Agreement shall be binding upon any party unless said modification or amendment is made in writing and duly authorized and executed by all parties. This Agreement shall not be modified or amended by oral agreement or by any acts or conduct of the parties. Page 4 of 6 Section 14. Entire Agreement This Agreement, with all attachments and exhibits constitutes the entire Agreement between the parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous agreements and understandings, except as set forth in Section 10. Section 15. Severability If any provision of this Agreement shall be determined by any court to be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement shall not be affected and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in this Agreement. Section 16. Counterparts This Agreement may be executed simultaneously or in any number of counterparts, each of which together shall constitute one and the same document. // // // // // // // // // // // // // // U // // // // // // // // u u H Page 5 of 6 IN WITNESS WHEREOF, the CITY by Resolution duly adopted by its City Council, caused this Agreement to be signed by its City Manager and attested by its Clerk; and the County of Los Angeles, by order of its Board of Supervisors, has caused this Agreement to be subscribed by the Chair of said Board and the seal of said Board to be affixed thereto and attested by the Clerk of said Board, all on the day and year first written above. COUNTY OF LOS ANGELES it ATTEST: CELIA ZAVALA Executive Officer of the Board of Supervisors of the County of Los Angeles am Deputy APPROVED AS TO FORM: MARY C. WICKHAM County Counsel By Deputy Chair, Board of Supervisors CITY OF SANTA CLARITA APPROVED AS TO FORM: By City Manager B City Clerk Page 6 of 6 BURKE, WILLIAMS & SORENSEN -2 City Attorney III MARK PEs,rI1EIA.A, Director "To Enrich Lives Through Effective and Caring Service" 900 SOUTH FREMONT AVENUE A1.11AMBRA.CALIFORNIA, 91803-1111 Telephone: (626) 458-5 100 Ivtp://dpw.1acotinty,gov ADDRESS ALL CORRESPONDENCETO: P.O. BOX 1460 ALHAMBRA. CALIFORNIA 91802- 1460 IN REPLY PLEASE REFER TO FILE: EP-1 December 23, 2019 Mr. Kenneth W. Striplin City Manager City of Santa Clarita 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355-2196 parmiTIMUMS RENEWAL OF AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND THE COUNTY OF LOS ANGELES ENFORCEMENT OF THE CITYS WASTEWATER ORDINANCE INDUSTRIAL WASTE SERVICE AGREEMENT Enclosed are two originals and one copy of a renewal agreement for the County of Los Angeles to provide services for the enforcement of the City of Santa Clarita's Wastewater Ordinance. The current agreement expires on June 30, 2020. The renewal agreement is similar in language. The services that are provided under the new agreement include checking plans, issuing permits, inspections, filing of enforcement actions, filing of required reports, and billing the industrial waste permit holders. There are currently 535 active industrial waste permits within the City, and approximately 750 inspections are performed yearly. The agreement has been prepared based on discussions between our respective staff. If the agreement is satisfactory, please present it to your duly authorized City officials for approval. Upon approval, please return the two originals of the agreement to us for further action. After approval by the Director of Public Works, we will return the fully executed City original to you. Mr. Kenneth W. Striplin December 23, 2019 Page 2 If you have any questions, please contact Ms. Shari Afshari at (626) 458-4008 or safshari�a pwlacounty.qo , or your staff may contact Mr. Coby Skye at (626) 458-3500 or cskyeCc'�u_Pwlacounty.gov. ZV;eruly yours, MARK PEST ELLA lic 'T Director o P PEST i c orks CS:ak P:1SEC12020 STRIPLIN SANTA CLARITA LETTER FOR RENEWAL Enc. cc: Supervisor Kathryn Barger, Chair (Edel Vizcarra)