AGREEMENT BETWEEN THE CITY OF SANTA CLARITA AND THE
COUNTY OF LOS ANGELES FOR ENFORCEMENT OF THE CITY'S
WASTEWATER ORDINANCE
THIS AGREEMENT is made and entered into this _______ day of _______, 2025 , 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, adopt ing 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 COUNT Y for the enforcement of the CITY Ordinance; and
WHEREAS, COUNTY represents that it is capable, read y, and willing to render such services on the terms and conditions set forth in this Agreement; and WHEREAS this Agreement is authorized and provided f or 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 CIT Y 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, a nd customarily rendered by, DEPARTMENT under the County Charter, statutes of the State, and vari ous COUNTY ordinances. CITY delegates to the COUNTY the power and the authority to perform the S ervices. 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 r eports, 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 Developmen t 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, req uests such services.
B. COUNTY shall retain full control and discretion over the manner of providing the Services, establishing standards for the performance of the S ervices and all matters incidental to the performance of such Services, including, but not li mited to, the controlling of personnel employed to provide the Services.
Section 2. CITY Cooperation
To facilitate the performance of its duties and obl igations under this Agreement, it is agreed the COUNTY shall receive the full cooperation and a ssistance from CITY, its officers, agents and employees.
Section 3. Supplies
COUNTY shall provide all labor, supervision, equipm ent, and supplies necessary to provide the Services. Notwithstanding any other pro vision 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, e ducational materials and forms, these special supplies must be prepared and issued in the name of CITY, and the CITY shall supply them at its own cost and expense. COUNTY is expressly autho rized 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 performan ce 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 sta tus 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 C OUNTY 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 a ll 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 liabili ty for the direct payment of any salaries, wages, or other compensation to any COUNT Y 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 prov ided in Section 10 herein.
Section 6. CITY Ordinance Compliance with COUNTY Co de
This Agreement is entered into with the understandi ng 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 m ay 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 ca lendar 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 servi ces on behalf of CITY, not less than 60 days in advance from when said increases take effect, not i nclusive 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. CO 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 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, expens e, fees (including attorney's and expert fees) arising from or connected with the collection of fe es. 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. Paymen t shall be made by the CITY within thirty (30) calendar days after receipt of an invoice, for Expe nditures relating to those Services rendered under this Agreement during the billing period. If such p ayment is not delivered to the COUNTY office described on said invoice within 30 calendar days a fter the date of the invoice, the COUNTY may satisfy such indebtedness, including interest there on, 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 C OUNTY on behalf of CITY, upon request by the CITY, and within 30 days of said request. Said repo rt shall include a breakdown of costs and/or hours spent by COUNTY on specified project informat ion as it relates to services described on COUNTY invoices. The City reserves the right to wit hhold 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 the rein, vacation, sick leave, retirement, traveling expenses, and overhead. Expenditures for services s hall not exceed $650,000 per year, unless specifically authorized by the CITY.
Section 9. Term and Termination
This Agreement shall become effective on July 1, 20 25, and shall expire June 30, 2030.
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 wr itten notice and a reasonable opportunity to cure.
Notwithstanding the provisions of this paragraph, e ither 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 Su pervisors 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 COU NTY 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 un der, 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 du ly 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.
Section 14. Entire Agreement
This Agreement, with all attachments and exhibits c onstitutes the entire Agreement between the parties with respect to the subject matter of t his Agreement and supersedes all prior and contemporaneous agreements and understandings, except as set forth in Section 10.
Section 15. Severabillty
If any provision of this Agreement shall be determi ned 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.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers, duly authorized by the City of Santa Clarita on _____________________, 2025, and by the County of Los Angeles on ________________________, 2025.
COUNTY OF LOS ANGELES
By____________________________
ATTEST: Chair, Board of Supervisors
EDWARD YEN
Executive Officer of the
Board of Supervisors of the
County of Los Angeles
By
Deputy
APPROVED AS TO FORM:
DAWYN R. HARRISON
County Counsel
By
Deputy CITY OF SANTA CLARITA
By
Mayor
Date:
ATTEST:
By
City Clerk
APPROVED AS TO FORM:
By
City Attorney