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CC RES 1973-018 RESOLUTION NO. 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES TO PROVIDE ENFORCEMENT OF INDUSTRIAL WASTE PROVISIONS OF CITY ORDINANCE AND AUTHORIZING EXECUTION OF A CONTRACT WITH THE COUNTY OF LOS ANGELES WITH RESPECT THERETO THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES RESOLVE AS FOLLOWS: Section 1. The Mayor of the City of Rancho Palos Verdes is hereby authorized to execute a contract with the County of Los Angeles providing for enforcement of industrial waste provisions of City Ordinance, a true and correct copy of which said contract is affixed hereto and made a part hereof, reference to which is hereby made. ADOPTED AND APPROVED this 7th day of September, 1973. 49 MAYO /s/ M4 / &YN �v�2T/h!�- CITY CLERK I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution passed and adopted by the City Council of the City of Rancho Palos Verdes at a regular meeting thereof held on the 7th day of September, 1973. 110 '4 40! 4011 14.," CITY CLERK • f RESOLUTION NO. 18 A RESOLUTION OF THE CITY COUNCIL • OF THE CITY OF . RANCHO PALOS VERDES TO PROVIDE ENFORCEMENT OF INDUSTRIAL WASTE PROVISIONS OF CITY ORDINANCE AND AUTHORIZING EXECUTION OF A CONTRACT WITH THE COUNTY OF LOS ANGELES WITH RESPECT THERETO THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES RESOLVE AS FOLLOWS: SECTION 1. The Mayor of the City of Rancho Palos Verdes is hereby authorized to execute a contract with the County or- . Los Angeles providing for enforcement of industrial waste pro- visions of City Ordinance, a true and correct copy of which said contract is affixed hereto and made a part hereof, refer- ence to which is hereby made . . ADOPTED AND APPROVED this 7th day of September , 19 73 . Ar ./ 41-7 1. a/or -,A TEST: . • • °°° • 0/45T ler I HEREBY CERTIFY that the foregding is a true and - correct copy of a resolution passed and adopted by the City Council of the City of RANCHO PALOS VERDES at a regular meeting thereof held on the 7th day o a f September , 19 7 3 . y erk • 9--73 • 6 r .$r- Cdb PAST • . . AGREEMEUT--- I NDU5TRIAL WAS FE 1 t THIS AGREEMENT, made and entered into this 7th day of 2 September • • , 1973, by and between the COUNTY OF 3 LOS ANGELES, hereinafter sometimes ref erred to. as "County, " and w . 4 the CITY OF RANCHO PALOS VERDES , hereinafter sometimes referred 5 to as "City" 6 i _ w I T N E S S E T H: III ? THAT WHEREAS,, the City has heretofore, on .September 7 1973 , 8 adopted Los -Angeles County Ordinance No. 6130, an ordinance 9 -entitled "Sanitary Sewers and. Industrial Waste" ; 10 and •• • is I1 , WHEREAS , the City is desirous of contracting with the County 12 for the • enfor cerncnt of such ordinance provisions and the . 13 performance of -services with respect to industrial waste as in 14 said ordinance set forth; and? _ 15 • WHEREAS , the County of Los Angeles is agreeable to rendering A5 such services on the to rrs and conditions hereinafter set forth; . 17 and . .. 18 ��THEpEAS such contract is authorized zed and provided for by the . 19 provisions of Section 56 1/2 of the Cha,ter of the County of Los 20 Angeles and Article 1 , Chapter 1, Part 2, Division 1, Title 5, of 21 the Government Code; • 22. 4 NOW, THEREFORE, IT IS AGR 'E D AS ,FOr LO S : 23 1. The County agrees , through the Engineer of the Co.:nty of 24 i Los Angeles , to provide enforcm nt of the irrdus tr ial waste 25 { . provisions of the above-referred to City ordinance and the 26 necessary ry services incident thereto. 27 ' Such services shall only enco:;Lpass duties and functions •:1. ` .1 CI::: L.1rI )J c`1.i ....!g� i 1..l 1__ jur:; :;::i ; `.,L Ji a o , t.l�-s l•ur. l_...J .• t. i i L L J _ 1 19 i rendered by , the County Engin:<c r- o f the County of Los Ango ,_:s 1 30 under the Charter qf s�-�i d County, the .tutu i e o of the S arc , a7 33 f the various Cot!t_y o d i?Ir.'nc'J . 32 i The. ).( v e l of s,:l r v i c p J o I d e d F h a J 1 he that s C:::i : ) -3 . 1.C 1 - r%7 3T C4b P-G 7 . . •' I level of service that now- is and shall be hereafter during `the term , • 1 2 of this ag ree:eht prov.le`ci. for ' unincorporated areas of the County - 3 of Los Angeles by said Engineer. - 4. - The rendition of such services , the -standards of . 5 1 P erformance, and other matters incidental to the performance of 6 such services , including the controlling of personnel so employed, III7 shall remain in the County . In the event of dispute between the 8 parties as to the extent of the duties and functions to be • 9 rendered hereunder or the level or manner of performance of such 10 service, the • determination thereof made by the- Engineer of the 11 County shall be final and conclusive as between the parties . 12 The servi ces shall include the enforcement of any . 13 applicable 'state statutes and all provisions of the above-referred 14 to City ordinance as the same now exists or may be hereafter Y . s 15 amended. . ,18 _ The services shall include the inspection of open 17 sanitary only fills onZ in the event that the City , by action of its 18 Council, requests such services . - . 19 . 2 . To facilitate the performance of said functions , it is 20 agreed that the County shall have full cooperation and assistance 21 from the City, its officers , agents , and employees . . 1 . 22' 3, For the purpose of perfor mir_g said _ junctions , County 2.3 r shall furnish and supply all necessary labor, supervision, 24 equipment, and supplies necessary to maintain the level of service 25 . to be rendered hereunder.. 26 Note:iths tanding anything hereir�before contained, it is 27 agreed that in all instances wherein special supplies , stationery, . 23 I,D L i V S , for-..:; , ::::z: 1. L. i C. ::,',13t .J.2 1. ;.J L .tl i_ ♦ l_ ... a.. e f :-.aid - 23 ja city, s a1 e r_ be � by s.� • ,� City its, :... �� .�.,... _.LLc•-�.j.. ♦�� supplied �,.� ..�C.1�a C1�� at 1�s O.'.I! COLl t and j 30 j expense t . 31 4 . All prsons m p l o c:i in the e :) i.. i n man c -. of such :;e r V i c.:: • ' 32 ! and functions for said City shell 1)0 County c,: 1 l and no _ :_.` j • ST57 T C::b 9-ti . - . •.. 1 employee ee as such shall .be taken over _by said County=, and no person • 2 employed hereunder shall have any City peas ion, civil service , or 3 any status .or right. - . . 4 - For the purpose of performing such services and functions 5 and for the purpose of giving official status to the performance - • 6 thereof ::here necessary, every County officer and employee engaged 7 in the p erformance of any service hereunder shall be deemed to be 8 an officer or employee of said City while performing services for . 9 said City, which services are within the scope of this agreement 10 and are purely municipal functions . t . 11 5. City shall not- be called upon to assume any liability • . 12 for the direct payment of any salaries , wages , or other 13 compensation to any County personnel performing services hereunder 14 for said County or any liability - other than that provided for in . 15 this agreement. . 1.6 _ - Except as herein otherwise specified, the City shah. not 17 be liable for compensation or indemnity to any County employee for 18 injury or sickness arising out of his employment. . 19 6 . County, its officers and e:?lcyees , shall not be- deemed 20 to assume any liability for intentional or negligent ac is of said 21 City or of" any of i_cer—cr etplo:ee thereof, and said City shall 22 hold said Ccunty and its officers and employees harmless from, and 23 shall defend said County and its officers. and employees against, 24 all claims for damages resulting therefrom. 25 7. This contract is entered into with the understa:ullng 26 that the- City will maintain in full force and effect, including 27 ' the amount of fee:+ p o v icy--d, a n ordinance Substantially i en;..ica1 23 with t; p1_o i i 1r►.,1_ L_ •._. vy \,..•- T i\• :Co. 6130 . This c e 29 j may be terminated by tic C'yonLy without necessity of notice if • 30 ' City does not enact„ er- nn s to s L.id ordinance in accordance 1 w:: the arandments to CoL.. Ly 01'7(121r:al-lce No . 6130 within one hundred 3 2 _ ,T:,n f- e : after :e .e c t to do so by County . The County 1'n c;i n u , ST 174T— Cdb P-ST . : : . I . . s 1 .acting on behalf of the County, may use discretion and need not 2 request City to adopt a_menemen is which do not apply to the City or • 3 its problems. . 4 • 8. County agrees to collect fees called form n the City 's 5 ordinance and to account therefor to the City quarterly. County -- _ 6 agrees to pay City, within sixty days following each calendar. III7 ua�rter, all of the excess over expenditures for services , and 8 - g City agrees to pay County, within said sixty. days , any deficit 9 between expenditures for services and total fees collected 10 Expenditures far services , for the purpose of this agreement, 1 c 11 = shall be the entire cost to the County of performing each such 12 II. function, including salaries of employees engaged in performing 13 the service, as well as vacation, sick leave, retirement, . 14 workmeii's compensation insurance premiums , s-upervis ion over such 15 einployees while so employed, traveling expenses and supplies , plus -• 6 a prorate of indirect expenses . If the cost for providing the 17 service is changed, the City shall- be,notified of such change in 18 writing. _ 19 9 . . It is further agreed that. the City shall- not be charged 20 ' for periodic inspections of facilities for pretreatment of 21 i industrial waste prior to discharge into sanitary seders in the 1 22 i event that the cost of such services has been defrayed by funds • 23 of a sewer maintenance district 24 ` 10 . The County agrees to keeps such books and records and in 23 such form and manner as the County Auditor of the County of Los i . 26 ' Angeles shall specify . Said books shall be open for examination 27 ' by said City at all reasonable times .. . l Ii . :, t i 1 on September_ 7 - , 29 i' 19 73 , and shall continue in full force and effect until June 30, 30 . 1974 This - Cc c r t shall : auLohatically renewed from y e a. to r 31 c ; yeEir for succsive e 2c y C'_ r •i)Cr tO i thereafter Le_r un 1 es`_i ei hL i- `? I party r,,.>>�eto gives written notice of intent to terra n to not. 1 f�:,s f 1 _. ,s _. , :6TS76T-.','b 9-6T • r . 1 than two months prior to the annual renewal date, in which event , 2 the contract shall no� .be .renewed for the succeeding year but shall - terminate, at the end of the then current annual period . 4 . IN WITNESS WHEREOF, THE City of RANCHO PALOS VERDES - , by 5 Resolution duly adopted by its City Council, caused this agreement by its Mayor and attested by its Clerk, and the Count . s to b�. signed 7 1 of L^s Angeles , by order of its Board of Supervisors , has caused 8 , these presents to he subscribed by the Chairman of said Board and • . the seal of said Board to be affixed t 9 j- Pd thereto ariC. attested by the 10 jI Clerk of said Board, all on the day and year first above written. 11 2 ATTEST : -. CITY OF RANCE O PATQE VFRDES — 13 i - ; - . I / )1 e :14 BY - - ..�► ApCity Cleric Mayor 15 I J 17 . COUNTY OF LOS ANGELES 18 i . . By - 19 irman, Board of up lsc _ 20 21 I ATTEST: 22 JAMES S . MIZE , E ._-cum Officer- _ Clerk of the Board of Supervisors , 23 County of Los Angeles • 24 25 t)Y z Deputy . . 7 26 27 APPRC .TD AS TO FO R.rM: . i . 23 3 H.• r.- -1-; , y, . ...al, , 0 . * .mss `: lo.....0 • 30 Y �_ -- _ 4--- DepuLy ' 31 ' I 9-.73 • _ r-