HomeMy WebLinkAbout2015-06-09 - AGENDA REPORTS - INDUSTRIAL WASTE SVCS AGMT (2)Agenda Item: 3
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL:
DATE:
.lune 9, 2015
SUBJECT:
RENEWAL OF INDUSTRIAL WASTE SERVICE AGREEMENT
DEPARTMENT:
Public Works
PRESENTER:
Ruben Barrera
RECOMMENDED ACTION
City Council renew Agreement between the City of Santa Clarita and the County of Los Angeles
for enforcement of the City's Wastewater Ordinance.
BACKGROUND
The County of Los Angeles Department of Public Works has serviced the City of Santa Clarita
(City) Industrial Waste Program since the City was incorporated in 1987. The City has a formal
agreement in effect with the County of Los Angeles (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 the provided 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, 2015, and the proposed five-year agreement will
expire on June 30, 2020. The current agreement places a limit on expenditures. The proposed cap
will increase from $250,000 to $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.
APPROVED
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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. Adequate funds are included in expenditure
account 14100-5161.001 as part of the Fiscal Year 2015-16 proposed budget. The appropriation
of the funds for fiscal years 2015-16 through 2019-20 are contingent upon City Council
approval.
ATTACHMENTS
Wastewater Agreement
Letter from County Requesting Renewal
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THIS AGREEMENT is made and entered into this day of
2015, 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=provisiQns-Qf,—
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.
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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.
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Section 2. CITY Cooperation
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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
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COUNTY shall provide all labor, supervision, equipment, and supplies necessary
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to provide the Services. Notwithstanding any other provision of this Agreement, it is
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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
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materials and forms, these special supplies must be prepared and issued in the name of
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CITY, and the CITY shall supply them at its own cost and expense. COUNTY is
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expressly authorized by CITY to use CITY's name to perform the Services.
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Section 4. Status of COUNTY Employees
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A. Ail persons employed by the COUNTY in the performance of the Services for
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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
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employee entitled to any City pension, Worker's Compensation, or to any other status or
right as a CITY employee.
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B. For the purpose of performing the Services and for the purpose of giving
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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 d
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.
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Section 6. CITY Ordinance Compliance with COUNTY Code
This Agreement is entered into with the understanding that and contingent upon
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the CITY adopting and maintaining in full force and effect a CITY Ordinance
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substantially identical with the COUNTY Code, Title 20, Division 2. This Agreement
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may be terminated by COUNTY after sixty (60) days written notice if CITY does not
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amend CITY Ordinance in accordance with amendments to COUNTY Code, Title 20,
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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.
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Section 7. Collection of Fees.
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Upon request of CITY, COUNTY agrees to collect fees listed in the CITY
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Ordinance and to remit to the CITY, within sixty (60) days following each calendar
quarter, all of the fees actually collected during such quarter. Said fees shall be
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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
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increases in costs to provide services on behalf of CITY, not less than 60 days in
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advance from when said increases take effect, not inclusive of Consumer Price Index
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(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
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generating and sending out invoices and the receipt of fees identified in said invoices.
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C.O.UNTY'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
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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,
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elected and appointed officers, employees, and agents from and against any liability
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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
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10 herein.
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Section 8. Payment by CITY to COUNTY for Services
CITY agrees to pay COUNTY monthly for the Services. COUNTY shall present a
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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
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to those Services rendered under this Agreement during the billing period. If such
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payment is not delivered to the COUNTY office described on said invoice within thirty
(30) calendar days after the date of the invoice, the COUNTY may satisfy such
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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
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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
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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
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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,
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vacation, sick leave, retirement, traveling expenses, and overhead. Expenditures for
services shall not exceed $500,000 per year, unless specifically authorized by the CITY.
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Section 9. Term and Termination
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This Agreement shall become effective on the date first mentioned above and
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shall expire June 30, 2020. Except as specifically set forth in Section 6, this Agreement
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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
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this paragraph, either party may terminate this Agreement at any time by giving (90)
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days notice to the other party.
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Section 10. Assumption of Liability
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The Assumption of Liability Agreement No. 59595 of the General Services
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Agreement executed by the CITY and adopted by the Board of Supervisors on June 21,
' 1988;-and=currently=in= effect =is -hereby mad e_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
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Liability provisions shall apply to this Agreement.
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Section 11. Compliance and Obligations
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Nothing in this Agreement shall transfer to the COUNTY any responsibility or
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legal obligation of the CITY required by Federal, State, and local laws, permits, and
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regulations.
Section 12. Governing Law
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This Agreement is to be governed by, interpreted under, and construed and
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enforced in accordance with the laws of the State of California.
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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.
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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.
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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 Chairman 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.
PATRICK OGAWA
Acting Executive Officer of the
Board of Supervisors of the
County of Los Angeles
- - --,Deputy —_.
APPROVED AS TO FORM:
MARK J. SALADINO
County Counsel
By
Deputy
CITY OF SANTA CLARITA
By
City Manager
By
City Clerk
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COUNTY OF LOS ANGELES
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Chairman, Board of Supervisors
APPROVED AS TO FORM:
BURKE, WILLIAMS & SORENSEN
ity Attorney
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GAIL FARBER, Dwm.,
April 23, 2015
COUNTY OF LOS ANGELES
DEPARTMENT OF PUBLIC WORKS
"To Enrich Lives Through Effective and Caring Service"
9011 SOUTH FREMON'1' AVENUE
ALHAM BRA, CALIFORNIA 91803-13:41
9'elephone:(626)458-5100
h ttp://dpw.lacounty.gov
Mr. Kenneth W. Striplin
City Manager
City of Santa Clarita
23920 Valencia Boulevard, Suite 300
Santa Clarita, CA 91355-2196
Dear Mr. Striplin:
ADDRESS ALL CORRESPONDENCE TO
RO. BOX 1460
ALI IAMDRA. CALIFORNIA 91802-1460
1NREPL'l PLEASE EP -1
REFER70 FILE:
RENEWAL OF AGREEMENT BETWEEN
THE CITY OF SANTA CLARITA AND THE COUNTY OF LOS ANGELES
FOR ENFORCEMENT OF THE CITY'S WASTEWATER ORDINANCE
INDUSTRIAL WASTE SERVICE AGREEMENT
Enclosed are two originals and one copy of a proposed renewal agreement regarding
the County of Los Angeles providing services for the enforcement of the City of
Santa Clarita's (City) Wastewater Ordinance. The previous agreement expires on
June 30, 2015. The proposed agreement is similar in language to the previous
agreement. The services that are provided under the agreement include plan checking,
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. Approximately 750 inspections are performed yearly.
The proposed agreement has been prepared based on previous discussions between
our respective staffs. If the proposed 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.
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Mr. Kenneth W. Striplin
April 23, 2015 v
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If you have any questions or require additional information, please contact
Mr. Tim Smith at (626) 458-3511, Monday through Thursday, 7 a.m. to 5:30 p.m. r
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GAIL FARBER w`
Director of Public Works c
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P:r5ed5triplin Santa Clarita Lett=r for Renewal O
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cc: Supervisor Michael D. Antonovich (Rosalind Wayman) 3
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