2018/05/29 Riverside County Department of Environmental healthMEMORANDUM OF UNDERSTANDING BETWEEN
RIVERSIDE COUNTY DEPARTMENT OF ENVIRONMENTAL HEALTH
AND THE CITY OF MENIFEE
This MEMORANDUM OF UNDERSTANDING ('MOU') is made and entered into
by and between the CITY OF MENIFEE, 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 (O\ /TS) in accordance with
the Riverside County Local Agency Management Program (LAMP) (the "Services");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 does not have any existing OWTS ordinances, rules and
regulations and;
WHEREAS, CITY agrees to enact necessary regulation to allow for billing of permit
fees by COUNTY for services to be rendered, according to County of Riverside Ordinance
No. 640; and,
WHEREAS, COUNTY has personnel with sufficient training and expertise to
provide the Services in accordance with the LAMP; and,
WHEREAS, COUNTY is prepared to provide the Services under the terms and
conditions set forth in this Memorandum of Understanding; and,
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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:
[.ERM AND CONDIT
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, and shall continue
in effect for up to 5 five years, or until terminated as outlined in section lV 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 studies 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
No. 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
reviews shall be completed within fifteen (15) working days of submittal of a completed
application.
Planning Review: COUNTY will provide environmental planning review to the City
for all residential and commercial projects proposing OWTS, for the sole purpose of
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ensuring compliance with the 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 No. 640, as codified in Riverside County Code, Ch. 4.52, to cover
the cost of services provided. All such reviews shall be provided and completed within
(20) twenty working days of request for such services.
lnspection/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 Riverside county LAMP. The project proponent and/or homeowner
shall be responsible for the payment of any applicable fees, as established in County
ordinance No. 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 correction of any
failure of an OWTS, and to enforce in a manner consistent with the Riverside County
LAMP.
clTY shall enact any necessary ordinances to allow for coUNTY to directly bill
any applicant.
CITY shall rescind, or suspend for the duration of this agreement and any
subsequent renewals, any and all ordinances, regulations or other mandatory laws
regarding owTS systems within the clTY to avoid duplication of laws or conflicting laws.
CITY shall also 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
underthe 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
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actjvities in accordance with the Riverside County LAMP, and any expenses by the CITY
in this process shall be borne by CITY.
E. MUTUAL HOLD HARMLESS/INDEMNIFICATION
1) To the fullest extent permitted by applicable law, CITY shall and does agree to
indemnify, protect, defend and hold harmless COUNTY, its agencies, districts, special
districts and departments, their respective directors, officers, elected and appointed
officials, employees, agents and representatives (collectively, "County lndemnitees")
for, from and against any and all liabilities, claims, damages, losses, liens, causes of
action, suits, awards, judgments and expenses, attorney and/or consultant fees and
costs, taxable or otherwise, of any nature, kind or description of any person or entity,
direcfly or indirecfly arising out of, caused by, or resulting from (1) any action taken by
CITY in connection with this Agreement, (2) the Agreement, including any approved
amendments or modifications, or (3) any negligent act or omission of CITY, its officers,
employees, subcontractors, agents, or representatives (collectively, "city Liabilities").
Notwithstanding the foregoing, the only city Liabilities with respect to which clTY's
obligation to indemnify, including the cost to defend, the lndemnitees does not apply is
with respect to City Liabilities resulting from the negligence or willful misconduct of a
County lndemnitee, orto the extent such claims do not arise out of, pertain to or relate to
the Services contemplated in this in the Agreement.
a) 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
Section 2782. Such interpretation shall not relieve CITY from indemnifying
the COUNTY to the fullest extent allowed by law.
b) 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 its 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,
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that any such adjustment, settlement or compromise in no manner
whatsoever limits or circumscribes CITY's indemnification obligation to
COUNTY as set forth herein. CITY's obligation to defend, indemnify and
hold harmless COUNTY 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. 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.
2) To the fullest extent permitted by applicable law, COUNTY shall and does agree
to indemnify, protect, defend and hold harmless CITY, its agencies, districts, special
districts and departments, their respective directors, officers, elected and appointed
officials, employees, agents and representatives (collectively, "City Indemnitees") for,
from and against any and all liabilities, claims, damages, losses, liens, causes of action,
suits, awards, judgments and expenses, attorney and/or consultant fees and costs,
taxable or otherwise, of any nature, kind or description of any person or entity, directly or
indirectly arising out of, caused by, or resulting from (1) the Services performed hereunder
by COUNTY, or any part thereof, (2) the Agreement, including any approved amendments
or modifications, or (3) any negligent act or omission of COUNTY' its officers, employees,
subcontractors, agents, or representatives (collectively, "county Liabilities").
Notwithstanding the foregoing, the only county Liabilities with respect to which
COUNTY'S obligation to indemnify, including the cost to defend, the lndemnitees does
not apply is with respect lo county Liabilities resulting from the negligence or willful
misconduct of an lndemnitee, or to the extent such claims do not arise out of, pertain to
or relate to the Services contemplated in this in the Agreement.
a) ln the event there is conflict between this clause and california civil code
Section 2782, lnis clause shall be interpreted to comply with Civil Code
Section 2782. Such interpretation shall not relieve COUNTY from
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indemnifying the CITY to the fullest extent allowed by law.
b) 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 its 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
obligation to CITY as set forth herein. COUNTY's obligation to defend,
indemnify and hold harmless CITY 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. 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.
il.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.
I]{.TERMINATION
Elther CITY or COUNTY may terminate this Agreement at any time by giving thirty
(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 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 COUNTYforan annual permit priorto notification of termination, shall not be refunded
by the COUNTY.
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COMPLETE M EMORANDUM 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 ll.c of
this MOU, shall be supplanted by this IVOU. Other agreements or contracts betlveen the
CITY and COUNTY, not involving OWTS, shall be unaffected by this MOU.
VI. JURISDICTION & VENUE
This MOU shall be governed by, and construed in accordance with, the laws of the
State of California. CITY and COUNTY agree and consent to the exclusive jurisdiction of
the courts of the State of California for all purposes regarding this MOU, and further agree
that venue of any action brought hereunder shall be exclusively in the County of Riverside.
vL NOTICE
Any notices to be served pursuant to this tt4OU shall be considered delivered when
deposited in the United States mail and addressed to:
CITY:
City of Menifee
29714 Haun Rd.
Menifee, CA 92586
ATTN: CITY MANAGER
COUNTY:
County of Riverside
Department of Environmental Health
4065 County Circle Drive
Riverside, CA 92503
ytlL AUTHORITY TO EXEGUTE MEMORA NDUM OF UNDERS NDING
Both CITY and COUNTY do covenant to each individual executing this MOU on
behalf of each party is a person duly authorized.
lN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed on q /,eot
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(Date)
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CITY OF MENIFEE
Neil Winter, Mayor
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COUNTY OF RIVERSIDE
Steve Van Stockum, Director
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APPROVED AS TO FORIV:
Gregory P. Priamos
County Counsel
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