HomeMy WebLinkAbout09 AG HEALTH SVCS 06-03-96AGE,, .
NO. 9
6-3-96
DATE' JUNE 3, 1996
WILLIAM A. HUSTON, CITY MANAGER
TO:
COMMUNITY DEVELOPMENT DEPARTMENT
FROM:
CONSIDERATION OF AN AGREEMENT FOR HEALTH SERVICES BETWEEN THE CITY OF
SUBJECT: TUSTIN AND THE COUNTY OF ORANGE
Summary: Execution of the Agreement for the provision of Environmental Health
Services between the City o.f. Tustin and the County of Orange will allow the
County's Health Officer to enforce health safety related ordinances within the City.
If approved, the Health Services Agreement would become effective on July 1, 1996
and remain in effect until June 30, 2001.
Recommendation: That the City Council authorize the Mayor and City Clerk to execute
the Agreement for the Provision of Environmental Health Services between the County of
Orange and the City of Tustin.
Background and Discussion:
The City of Tustin contracts with the County of Orange, Health Care Agency for health related
services and for the enforcement of health related ordinances. The services include review of
plans and inspection of food establishments, enforcement of certain Housing Code provisions,
licensing and inspection of mobile food preparation, motel and hotel inspections, and well
construction. The existing five-year Health Services Agreement will expire on June 30,1996. If
approved, the proposed Agreement will be effective until June 30, 2001. _
The City Attorney has reviewed and concurs with the content and form of the Agreement..
Fiscal Impact: Environmental Health Services is administered through the County of
Orange and is primarily funded through user fees. The only costs incurred by the City are
minor administrative costs in reviewing the Agreement and providing assistance on matters of
mutual concern.
Elizabeth A. Bins~Ck
Community Development Director
Attachments:
Agreement for the Provision of Environmental Health Services
msoffice\eab\agenda\hlthagr, doc
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AGREEMENT FOR PROVISION OF
ENVIRONMENTAL HEALTH SERVICES
COUNTY OF ORANGE
CITY OF TUSTIN
July 1, 1996 through June 30, 2001
THIS AGREEMENT entered into this 1 st day of July 1996, which date is enumerated for
purposes of reference only, is by and between the COUNTY OF ORANGE, a political subdivision
of the State, (COUNTY) and CITY OF TUSTIN, a mUnicipal corporation (CITY).
WITNESSETH:
WHEREAS, CITY wishes to contract with COUNTY for the provision of Environmental
Health Services described herein pursuant to Health and Safety Code Section 101400 et seq.; and
WHEREAS, COUNTY is agreeable to the rendering of such services on the terms and
conditions hereinafter set forth:
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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CONTENTS
PARAGRAPH
PAGE
Io
II.
III.
IV.
V.
VI.
VII.
VIII.
IX.
X.
Alteration of Terms
Indemnification ............................................................... 3
Notices
"'"'""'"'"'"'"""--'---.--.--...---............................ 3
Payments ...................................................................... 3
serVices
'""'"""'"'"'""""-------.-..-.--.-.---....................... 4
Severability ................................................................... 5
Status of County ............................................................. 6
Term
'"'""'""""'"'"'"'""'----"....--..--.-.--...................... 6
Termination
'"'"'"'"'"'"'"'"'-----...---..--..-....................:... 6
Waiver of Default or Breach
'"--'-----.-.---.--.-.......................... 7
Signature Page ............. : ................................. : ................ 8
Exhibit A
............................................................................... 1 page
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I. ALTERATION OF TERMS
This Agreement fully expresses all understanding of COUNTY and CITY with respect to the
subject matter of this Agreement, and shall constitute the total Agreement between the parties for
these purposes. No addition to, or alteration of, the terms of this Agreement, whether written or
verbal, shall be valid unless made in writing and formally approved and executed by the parties.
II. INDEMNIFICATION
Each party agrees to indemnify and hold harmless the other party, its officers, agents and
employees from all liability, claims, losses and demands, including defense costs, whether resulting
from court action or otherwise, arising out of the acts or omissions of the indemnifying party, its
officers, agents or employees, or the condition of property used in the performance of this
Agreement. Each party agrees to provide the indemnifying party with written notification of any
claim within thirty (30) days of notice thereof, to allow the indemnifying party control over the
defense and settlement of the claim, and to cooperate with the indemnifying party in its defense.
III. NOTICES
A. Unless otherwise specified, all notices, claims, correspondence, reports and/or
authorized or required by this Agreement shall be effective when written and deposited in the United
States mail, first class postage prepaid and addressed as follows:
CITY: City Manager
P.O. Box 3539
300 Centennial Way
Tustin, CA 92681
COUNTY:
Health Officer
County of Orange
Health Care Agency
515 N. Sycamore, 6th Floor
Santa Ana, CA 92701
B. Termination Notices shall be effective when written and deposited in the United
States mail, certified, return receipt requested, and addressed as specified in subparagraph A. above.
C. For the purposes of this Agreement, any notice to be provided by COUNTY may be
given by Health Officer.
IV. PAYMENTS
A. In consideration of the services provided hereunder, including demonstration
services, CITY agrees to pay COUNTY the fees or rates adopted by the Orange County Board of
Supervisors in effect at the time that such services were rendered. It is understood by the parties that
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such fees and rates are only for the purpose of meeting COUNTY'S cost associated with providing
the services.
1. COUNTY shall bill CITY for such services and payment to COUNTY should
be released by CITY no later than thirty (30) days after receipt of the billing form. Failure of CITY
to reimburse COUNTY may be considered a breach of the terms of this Agreement and may result in
termination of this Agreement.
2. COUNTY shall give CITY at least sixty (60) days notice of any change in
fees or rates to be adopted by the Orange County Board of Supervisors.
B. CITY may include, in the adoption of its ordinances, the requirement that COUNTY
fees or rates be paid directly by the facility or business (User) requiring the services in order to begin
or continue operation, in lieu of CITY.
1. In cases where User is to pay the fee or rate directly to COUNTY, cITy shall
specify in its ordinances that such fees or rates shall be those adopted by the Orange County Board
of Supervisors in effect at the time that such services were rendered.
2. COUNTY shall bill User for services provided pursuant to CITY ordinances
or resolutions. CITY shall not be responsible for failure of User to reimburse COUNTY.
3. COUNTY agrees that collection of such fees or rates Shall be accepted as full
payment for services rendered in lieu of charges that would otherwise be payable by CITY under the
provisions of this Agreement.
C. All fees or rates collected by COUNTY from CITY, or Users pursuant to CITY
ordinances or resolutions, shall be paid to and deposited in the County Treasury and become
property of COUNTY.
V. _SERVICES
A. CITY shall designate the Health Officer as the Health Officer of CITY pu_rsuant to-
Health and Safety Code Section 101460. "Health Officer" means the Health Officer, or designee, of
the County of Orange designated by the Orange County Board of Supervisors. CITY agrees that the
Health Officer, or designee, shall have all the powers and authority associated with the position of
Health Officer within CITY and shall, at no cost to COUNTY, have access to any and all information
and records as well as assistance from officers and employees of CITY necessary to perform the
services to be provided pursuant to this Agreement.
B. The Health Officer shall perform all environmental health services related to the
enforcement of CITY ordinances as specified in Exhibit A to this Agreement. Exhibit A to this
Agreement may be amended, by CITY or COUNTY, to reflect any additions or deletions of CITY
ordinances to be enforced by the Health Officer.
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1. "Enforcement" means the actions required in order to verify and maintain
compliance or conformance of a facility or business to the ordinances established by CITY in
response to Federal, State, County or local rules and regulations. These actions may include, but not
be limited to, one or more inspections of a facility or business; written evaluation of the findings;
approval or permit issuance, suspension, or revocation as appropriate; and review of any follow-up
action as required.
2. It is agreed that nothing in this Agreement shall be construed as binding CITY
to demand of COUNTY, or as requiring COUNTY to perform, any particular number of inspections
or visits. At the Health Officer's sole discretion, services under this Agreement may be denied to
CITY if the Health Officer determines that appro.priate personnel or other resources are unavailable or
the Health Officer does not have legal capacity to act.
3. COUNTY shall furnish all necessary labor, supervision, equipment,
communication services, facilities, and supplies necessary to perform the level of services to be
provided.
4. The Health Officer shall not enforce any building code, electrical code, or
plumbing code; and shall not enforce any vector control functions assumed by the Orange County
Vector Control District for which these functions are provided pursuant to an agreement with
COUNTY dated December 17, 1974.
C. DEMONSTRATION PROJECTS - CITY may request, and the Health Officer may
provide, assistance or a limited demonstration of specific environmental health services which would
be applicable to a newly proposed ordinance under consideration of CITY. Such demonstration may
be under real or simulated circumstances to aid CITY in defining the manner in which the proposed
ordinance enforcement would be provided. It is agreed by the parties that demonstration projects for
a specific ordinance shall only be provided once, and shall not exceed twenty-four (24) direct labor
hours of the Health Officer. It is further agreed by the parties that demonstration services_shall not
be provided for any other ordinance, existing or proposed, having the same or similar provisions or
objectives as that ordinance for which the demonstration services were provided.
VI. SEVERABILITY
If a court of competent jurisdiction declares any provision of this Agreement or application
thereof to any person or circumstances to be invalid or if any provision of this Agreement
contravenes any Federal, State, or County statute, ordinance, or regulation, the remaining provisions
of this Agreement or the application thereof shall remain valid, in full force and effect, and to that
extent the provisions of this Agreement are severable.
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VII. _STATUS OF COUNTY
--
COUNTY shall be wholly responsible for the manner in which it performs the services
required of it by the terms of this Agreement. COUNTY is entirely resPonsible for compensating
staff and consultants employed by COUNTY. This Agreement shall not be construed as creating the
relationship of emploYer and employee, or principal and agent, between COUNTY and CITY or any
of COUNTY'S employees, agents, or subcontractors. COUNTY assumes exclusively the
responsibility for the acts of its employees, agents or subcontractors as they relate to the services to
be provided during the course and scope of their employment. COUNTy, its employees, agents, or
subcontractors, shall not be entitled to any rights or privileges of CITY employees and shall not be
considered in any manner to be CITY employees.
VIII. TERM
A. The term of this Agreement shall commence on July 1, 1996 and shall terminate
June 30, 2001, unless otherwise sooner terminated as provided in this ~kgreement; provided,
however, the parties shall be obligated to perform such duties as would normally extend beyond this
term, including but not limited to, obligations with respect to indemnification, audits, reporting and
accounting.
B. In the event of termination of this Agreement, the Health Officer shall have no
obligation to enforce any ordinance of CITY.
following:
IX. ~TERMINATION
_
A. Either party may terminate this Agreement, without cause, upon sixty (60) days written
notice given the other party.
B. Either party may terminate this Agreement upon five (5) days written notice given the
other, if either party fails to perform any of the terms of this Agreement, provided the_allegedly
breaching party has been given written notice of the alleged breach, and has failed to cure the alleged
breach within thirty (30) days.
C. CONTINGENT FUNDING -
1. Any obligation of COUNTY under this Agreement is contingent upon the
a) The continued availability of Federal, State or COUNTY funds for
'reimbursement of COUNTY'S expenditures, and
b) Inclusion of sufficient funding for the services hereunder in the applicable
budget approved by the Board of Supervisors.
2. In the event such funding is subsequently reduced or terminated, COUNTY may
terminate this Agreement, or reduce or eliminate services, upon thirty (30) days written notice given
CITY.
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D. The rights and remedies of either party provided in this Termination paragraph shall not
be exclusive, and are in addition to any other rights and remedies provided by law or under this
Agreement.
X. WAIVER OF DEFAULT OR BREACH
Waiver of any default by either party shall not be considered a waiver of any subsequent
default. Waiver of any breach by either party of any provision of this Agreement shall not be
considered a waiver of any subsequent breach. Waiver of any default or any breach by either party
shall not be considered a modification of the terms of this Agreement.
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IN WITNESS WHEREOF, the parties hereby execute this Agreement, in the County of
Orange, State of California.
CITY OF
BY:
ATTEST:
MAYOR
DATED:
BY:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
DATED:
BY:
DEPUTY
COUNTY OF ORANGE
DATED:
BY:
CHAIRMAN OF THE BOARD
OF SUPERVISORS
DATED:
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD:
BY:
KATHLEEN E. GOODNO
ACTING CLERK OF THE BOARD
OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA
DATED:
APPROVED AS TO FORM:
COUNTY COUNSEL
BY:
DEPUTY
DATED:
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EXHIBIT A
TO AGREEMENT WITH
CITY OF TUSTIN
FOR
ENVIRONMENTAL HEALTH SERVICES
The Health Officer will provide environmental health services specified in Services Paragraph of
this Agreement as they relate to the following ordinances of CITY:
Type of Activity
Food
Housing (UHC)
Mobile Food Preparation
Vehicle
Mobile X-Ray Unit
Motel/Hotel
Well Construction
Enabling Resolution/Ordinance
Resolution Ordinance
809
8O9
City
Art. 4, Ch 1
Art. 8, Ch. 7
Art. 4, Ch. 1
Art. 4, Ch. 7 (#461)
Art. 8, Ch. 7
Art. 4, Ch. 8 (#770)
Charge
User
x
X
x
x
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Exhibit A
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