2018-23 RIVCO Dept of Env Health - MOU Onsite Wastewater Treatment Systemta Qw�fra
- — cENI of -the DESEar —
MEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: Julie Mignogna, Management Analyst
DATE: September 20, 2018
RE: Memorandum of Understanding with Riverside County to provide
Onsite Wastewater Treatment Systems (OWTS) plan review and
regulation.
Attached for your signature is the MOU referenced above.
Please sign (2) two hard copies with wet signatures of the attached MOU and return
to Julie Mignogna for processing and distribution.
Reauestina department shall check and attach the items below as annrooriate:
N/A Contract payments will be charged to account number:
N/A Amount of Agreement, Amendment, Change Order, etc.:
N/A A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
no reportable interests in LQ or reportable interests
A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant
does not meet the definition in FPPC regulation 18701(2).
Authoritv to execute this agreement is based upon:
X Approved by the City Council on September 18, 2018
� J a City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of
+ $50,000 or less. This expenditure is $ and authorized by [Council, Director,
etc]
Lh Initial to certify that 3 written informal bids or proposals were received and considered in selection
The following reouired documents are attached to the aareement:
V�A' Insurance certificates as required by the agreement (approved by Risk Manager on date)
L.19Performance bonds as required by the agreement (originals)
NLCA City of La Quinta Business License number
"/ A requisition for a Purchase Order has been prepared (amounts over $5,000)
A copy of this Cover Memo has been emailed to Finance (Sandra)
MEMORANDUM OF UNDERSTANDING
BETWEEN
RIVERSIDE COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH
AND
THE CITY OF LA QUINTA
This Memorandum of Understanding (MOU) is made and entered into by and
between the CITY OF LA QUINTA, hereinafter referred to as "CITY" and the COUNTY
OF RIVERSIDE, DEPARTMENT OF ENVIRONMENTAL HEALTH, hereinafter referred
to as "COUNTY", to be effective on the date approved by both parties.
I. RECITALS:
WHEREAS, CITY desires Environmental Planning review, Technical Assistance,
and Plan Review for Onsite Wastewater Treatment Systems (OWTS) in accordance with
the Riverside County Local Agency Management Program (LAMP) and;
WHEREAS, CITY does not have an approved LAMP and;
WHEREAS, COUNTY's LAMP was approved by the Regional Water Quality
Control Board on November 17, 2016 and;
WHEREAS, CITY desires to abide by the Riverside County LAMP and;
WHEREAS, CITY agrees to rescind any and all existing OWTS ordinances, rules
and regulations, if applicable, prior to COUNTY'S review to avoid conflicting and
duplicative rules and regulations and;
WHEREAS, CITY agrees to allow for billing of permit fees by COUNTY for services
to be rendered, according to County of Riverside Ordinance No. 640 and;
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WHEREAS, COUNTY has personnel with sufficient training and expertise to
provide such services in accordance with the LAMP and;
WHEREAS, COUNTY is prepared to provide such services under the terms and
conditions set forth in this Memorandum of Understanding; and
WHEREAS, CITY and COUNTY agree to now enter into this Memorandum of
Understanding for a period of five (5) years;
NOW THEREFORE, in consideration of the mutual promises, covenants and
conditions contained herein, the parties mutually agree as follows:
II. TERMS AND CONDITIONS
A. SUMMARY
The CITY requires professional services as described herein from the COUNTY
for review of Onsite Wastewater Treatment Systems (OWTS).
B. TERM
The term of this MOU shall be effective on the date of execution. The MOU shall
continue in effect for up to 5 five years, or until terminated as outlined in section IV below.
C. SERVICES TO BE RENDERED
Plan Review Services: COUNTY will provide plan review of OWTS for commercial
and residential applications within the CITY. This review will include inspections of the
property and technical review of the soil percolation study to ensure compliance with the
Riverside County LAMP. Requests for an OWTS shall be accompanied by a City
application or building permit and shall be presented in person by the project proponent
to a County Environmental Health office for their review. The project proponent shall be
responsible for the payment of any applicable fees, as established in County Ordinance
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640 and codified in Riverside County Code, Ch. 4.52 for the type of review requested at
the time of submission of the request, to cover the cost of services provided. All such
review shall be provided within fifteen (15) working days of submittal of a completed
application.
Planninq Review: COUNTY will provide environmental planning review to the City
for all residential and commercial projects proposing OWTS, to ensure compliance with
Riverside County LAMP. The project proponent shall be responsible for the payment of
any applicable fees, at the current hourly rate established in County Ordinance 640 as
codified in Riverside County Code, Ch. 4.52, to cover the cost of services provided. All
such reviews shall be provided within (20) twenty working days of request for such
services.
Inspection/Review of Annual Evaluation for Advanced Treatment Units (ATU):
COUNTY will provide inspection and/or review of the annual evaluation report for ATUs
as required in the LAMP. The project proponent and/or homeowner shall be responsible
for the payment of any applicable fees, as established in County Ordinance 640 and
codified in Riverside County Code, Ch. 4.52, to cover the cost of services provided.
Services to be rendered specifically exclude COUNTY response to and enforcement of
any complaints regarding malfunction or failure of an OWTS. CITY agrees to enact any
ordinances or regulations necessary to enforce the correction of any failure of any OWTS,
and to enforce in a manner consistent with the LAMP.
CITY shall enact any necessary ordinances to allow for COUNTY to directly bill any
applicant.
CITY shall rescind, or suspend for the duration of this MOU and any subsequent
renewals, any and all ordinances, regulations or other mandatory laws regarding OWTS
systems within the CITY to avoid duplication of laws or conflicting laws. CITY shall also
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enact necessary implementation ordinances, regulations or other laws that would allow
the provisions of the LAMP to control within the CITY's border and also that would allow
COUNTY to provide services under the LAMP.
D. PERSONNEL
The services provided by the COUNTY shall be performed by COUNTY personnel
under the control and direction of COUNTY. To the extent that CITY personnel may also
participate in any of the activities herein provided for, CITY agrees to conduct those
activities in accordance with the COUNTY LAMP, and any expenses by the CITY in this
process shall be borne by CITY.
E. MUTUAL HOLD HARMLESS/INDEMNIFICATION
1) CITY agrees to defend, indemnify, and hold harmless COUNTY, its directors,
officers, agents, Board of Supervisors, elected and appointed officials,
employees, and representatives from and against any liability, damages,
costs, losses, claims and expenses, based or asserted upon any services of
COUNTY, its officers, employees, subcontractors, agents or representatives
arising out of or in any way relating to this MOU, including but not limited to
property damage, bodily injury, or death or any other element of any kind or
nature whatsoever and resulting from any reason whatsoever arising from the
performance of COUNTY under this MOU, its officers, agents, employees,
subcontractors, agents or representatives.
2) In the event there is conflict between this clause and California Civil Code
Section 2782, this clause shall be interpreted to comply with Civil Code 2782.
Such interpretation shall not relieve CITY from indemnifying the COUNTY to
the fullest extent allowed by law.
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3) With respect to any action or claim subject to indemnification herein by CITY,
CITY shall, at their sole cost, have the right to use counsel of their own choice,
subject to approval of COUNTY, which shall not be unreasonably withheld,
and shall have the right to adjust, settle, or compromise any such action or
claim without the prior consent of COUNTY provided, however, that any such
adjustment, settlement or compromise in no manner whatsoever limits or
circumscribes CITY'S indemnification to COUNTY as set forth herein. CITY'S
obligation to defend, indemnify and hold harmless COUNTY shall be subject
to COUNTY having given CITY written notice within a reasonable period of
time of the claim or of the commencement of the related action as the case
may be, and information and reasonable assistance, at COUNTY'S expense,
for the defense or settlement thereof. CITY'S obligation hereunder shall be
satisfied when CITY has provided to COUNTY the appropriate form of
dismissal relieving COUNTY from any liability for the action or claim involved.
4) COUNTY agrees to defend, indemnify, and hold harmless CITY, its directors,
officers, agents, City Council, elected and appointed officials, employees, and
representatives from and against any liability, damages, costs, losses, claims
and expenses, based or asserted upon any services of CITY, its officers,
employees, subcontractors, agents or representatives arising out of or in any
way relating to this MOU, including but not limited to property damage, bodily
injury, or death or any other element of any kind or nature whatsoever and
resulting from any reason whatsoever arising from the performance of CITY
under this MOU, its officers, agents, employees, subcontractors, agents or
representatives.
5) In the event there is conflict between this clause and California Civil Code
Section 2782, this clause shall be interpreted to comply with Civil Code 2782.
Such interpretation shall not relieve COUNTY from indemnifying the CITY to
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the fullest extent allowed by law.
6) With respect to any action or claim subject to indemnification herein by
COUNTY, COUNTY shall, at their sole cost, have the right to use counsel of
their own choice, subject to approval of CITY, which shall not be unreasonably
withheld, and shall have the right to adjust, settle, or compromise any such
action or claim without the prior consent of CITY provided, however, that any
such adjustment, settlement or compromise in no manner whatsoever limits
or circumscribes COUNTY'S indemnification to CITY as set forth herein.
COUNTY'S obligation to defend, indemnify and hold harmless CITY shall be
subject to CITY having given COUNTY written notice within a reasonable
period of time of the claim or of the commencement of the related action as
the case may be, and information and reasonable assistance, at CITY'S
expense, for the defense or settlement thereof. COUNTY'S obligation
hereunder shall be satisfied when COUNTY has provided to CITY the
appropriate form of dismissal relieving CITY from any liability for the action or
claim involved.
III. AMENDMENTS
Any amendment, modification, or variation from the terms of this MOU shall be in writing
and shall be effective only upon mutual approval by the authorized parties.
IV. TERMINATION
Either CITY or COUNTY may terminate this MOU at any time by giving (30) day written
notice with or without cause to the designated contacts. Upon receipt of any notice of
termination on the agreed upon effective date of termination services shall cease
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thereafter. Upon termination of this MOU, any OWTS under permit and subject to annual
inspection shall revert to the CITY for inspection and permitting. Any fees paid to the
COUNTY for an annual permit prior to notification of termination, shall not be refunded by
the COUNTY.
V. COMPLETE MEMORANDUM OF UNDERSTANDING
This written MOU, including all writings specifically incorporated hereby in reference, shall
constitute the complete MOU between the parties hereto. No oral MOU, agreement or
representation not reduced to writing and specifically incorporated herein shall be of any
force or effect, nor shall any such oral MOU, agreement or representation be binding upon
the parties hereto. Any previous agreements between the CITY and COUNTY, whether
oral or written, with regards to the activities outlined in Section II C of this MOU, shall be
supplanted by this MOU. Other agreements or contracts between the CITY and
COUNTY, not involving OWTS, shall be unaffected by this MOU.
VI. JURISDITION/VENUE
This MOU shall be governed by, and construed in accordance with, the laws of the State
of California. CITY agrees and consents to the exclusive jurisdiction of the courts of the
State of California for all purposes regarding this MOU and further agrees and consents
that venue of any action brought hereunder shall be exclusively in the County of Riverside.
►[0Yi[OIA
All written notices to the parties hereto shall be sent by United States mail, postage
prepaid by registered or certified mail addressed as follows:
CITY: COUNTY:
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City of La Quinta
Design and Development
74895 Calle Tampico
La Quinta, CA 92253
County of Riverside
Department of Environmental Health
4065 County Circle Drive
Riverside, CA 92503
Vill. AUTHORITY TO EXECUTE MEMORANDUM OF UNDERSTANDING
Both CITY and COUNTY do covenant to each individual executing this MOU on behalf of
each party is a person duly authorized.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
on /0-14 Q?m (Date)
CITY OF LA QUINTA
k J. Sp0gcek, City Manager
APPROVEITAS TO FORM:
Gregory P. Priamos
County Counsel
By: _ .4
Eric Stopher, Deputy County Counsel
ATTEST:
MONIKA RADEVA, City Clerk
La Quinta, California
M
COUNTY OF RIVERSIDE
Steve Van Stockum, Director
Dated C 4161 t f
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California