HomeMy WebLinkAboutContracts & Agreements_28-1995_CCv0001.pdf AGREEMENT FOR PRETREATMENT SERVICES
This Agreement is made and entered into this-day of-, 1995 by and between
the City of Redlands,a municipal corporation, ("City") and the County of San Bernardino, a political
subdivision of the State of California, ("County").
RECITALS
WHEREAS, City is currently carrying out, within its city limits, enforcement of a City
Ordinance entitled Pretreatment and Regulations of Waste, a copy of which is attached hereto as
Exhibit "A" and incorporated herein by reference (the "Pretreatment Ordinance"); and
WHEREAS,City has requested and County has agreed to allow City to perform,enforcement
of the Pretreatment Ordinance in certain unincorporated County territory which is served by City's
sewer system(the "Treatment Area"). The Treatment Area is more particularly described in Exhibit
"B;" and
WHEREAS, the location of the Treatment Area is such that sewer regulation enforcement
can be more advantageously performed by City than County; and
WHEREAS,landowners in the Treatment Area will benefit by this Agreement because City
offices are located closer to the Treatment Area than County offices; and
WHEREAS, the provision of services under this Agreement will not unduly burden City's
Pretreatment facilities,staffing or operations;
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, it is agreed by the City of Redlands and the County of San Bernardino as follows:
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1. Enforcement of Pretreatment Ordinauc
A. City,through its appropriate officers,and employees,shall process permits and
provide enforcement services under the Pretreatment Ordinance in the Treatment Area.
B. City shall issue all permits for the Treatment Area under the Pretreatment
Ordinance and collect fees in accordance with City's established schedule of fees, as may be increased
from time to time. All fees charged by City for services provided under this Agreement shall be paid
to and retained by City as compensation for City's services under this Agreement.
C. City officers and employees performing services under this Agreement shall
be deputized or otherwise authorized by the appropriate County officer to perform the services
described herein and to take whatever administrative,civil or criminal actions that may be authorized
for violations of the codes being enforced.
D. County shall adopt the City's Pretreatment Ordinance within that portion of
the Treatment area located within the County by County ordinance. Any changes in the Pretreatment
Ordinance made by City and adopted by reference by County shall be incorporated into this
Agreement.
2. Terms This Agreement shall remain in full force and effect for a period of
five (5) years unless terminated earlier as provided herein. This Agreement may be terminated by
either party at any time by giving thirty(30)days written notice to the other party. Notice to County
shall be to the Clerk of the Board of Supervisors, County of San Bernardino. Notice to City shall be
to the City Clerk,City of Redlands.
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3. Indemnifira�on
A. City shall defend,indemnify and hold County and its elected officials,officers,
employees and agents free and harmless from any and all liability from loss, damage or injury to
property or persons, including wrongful death, arising out of or incident to any negligent acts,
omissions,or willful misconduct of City in connection with City's performance of this Agreement.
B. County shall defend,indemnify and hold City and its elected officials, officers,
employees and agents free and harmless from any and all liability from loss, damage, or injury to
property or persons, including wrongful death, arising out of or incident to any negligent acts,
omissions or willful misconduct of County in connection with County's performance of this
Agreement.
4. Written Amendment No alteration or variation of the terms of this Agreement
shall be valid unless made in writing and signed by the parties hereto and no oral understandings or
agreements not incorporated herein shall be binding on the parties hereto.
5. 42 It is agreed that any appeals from final staff decisions made under
this Agreement shall be processed as provided in the applicable City ordinance and codes which are
the subject of this Agreement.
6. 11t gallon In the event any legal action is commenced to enforce or interpret
the terms or conditions of this Agreement,the prevailing party shall, in addition to any costs or other
relief,be entitled to its reasonable attorney's fees.
7. Reco Applications,permits,complaints and records relating thereto which
are processed by City under this Agreement shall be retained by City. Upon termination of this
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Agreement, unless such termination results from annexation of the involved area to City, all
documents and records relating to services under this Agreement shall be provided to County.
8. EmDby=Stat City officers and employees performing services under this
Agreement shall for all employment related purposes, including, but not limited to, compensation,
benefits, insurance, employment rights, workers' compensation coverage, be considered solely
employees of City and City shall have full responsibility for all such employment related matters and
obligations. Notwithstanding the foregoing, City employees and officers who are deputized or
otherwise authorized to perform services under this Agreement shall be deemed to have status as
officers or employees of County when performing services on behalf of County under this
Agreement. Nothing contained within this Agreement shall be construed as granting County
employment benefits or rights to City employees.
9. Cou=rpaM This Agreement may be signed in one or more counterparts,
each of which shall be deemed an original but all of which together shall constitute one and the same
Agreement
IN WITNESS WHEREOF,the parties hereto have entered into this Agreement as of
the date first written above.
CITY OF REDLCOUNTY OF SAN BERNARDINO
mayor SWIM Larson By:
By:
ATTEST:
City C Lori 6p yzer
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EXHIBIT "A"
Pretreatment Ordinance
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�lO A d�4 A NOTE FROM BEA �C E , DEPUTY C1 CLERK
1 Cary Phelps
x TO Muni. utilities Director Date 3/14196
�JFOR
Attached is the first page of an agreement approved by the City
Council on April 4 , 1995. s you can see from my notations the
two originals were forwarded. to San Bernardino County by your
office for approval and execution by their agents.
To this date, an original has not been returned to this office.
`herefore, a copy with City of Redlands ` signatures will be
filed.
Attachments