HomeMy WebLinkAboutCC 8 HEALTH SVC AG 06-17-91CONSENT CALENDAR NO. 8
6-17-91
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DATE:
TO:
FROM:
JUNE 17, 1991
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
S u Si ECT:
HEALTH SERVICES AGREEMENT BETWEEN CITY AND COUNTY OF ORANGE
RECOMMENDATION
It is recommended that the City Council approve the attached Health
Services contract as submitted.
BACKGROUND
The City of Tustin currently contracts with the Orange County
Health Services Agency for all health related services. These
services range from approval of building plans for food
establishments to vector control. It should be noted, however,
that noise monitoring has been recently eliminated from the Health
Services Agreement. The Orange County Board of Supervisors
approved a new contract to become effective July 1, 1991. Each
contracting city should review and approve the new contract in
order to continue health care services. The City Attorney has
reviewed the attached contract and finds it acceptable.
Beth Schoemann Christine A. Shinglet
Associate Planner Assistant City Manag
Community Development
Attachment: Orange County Health Services Contract
Exhibit "A"
CAS:BBS:nm/health.bbs
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HEALTH SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into this day 1 of July, 1991, which date
is enumerated for purposes of reference only, between the COUNTY OF ORANGE, a
political subdivision of the State, hereinafter referred to as "COUNTY", and the
CITY OF TUSTIN, a municipal corporation, hereinafter referred to as "CITY".
WITNESSETH:
WHEREAS, the parties hereto desire to enter into a contract whereby the
COUNTY shall perform certain functions relating to the public health within CITY;
NOW, THEREFORE, it is mutually agreed as follows:
1. As used herein, the term "Health Officer" shall mean the Health Officer
of the County of Orange or any other officer or employee of the County of Orange
designated by the Board of Supervisors.
2. CITY hereby designates the Health Officer as the Health Officer of the
CITY pursuant to Health and Safety Code Section 476; provided that the Health
Officer shall not enforce any building code, electrical code, or plumbing code;
and shall not perform the vector control functions assumed by the Orange County
Vector Control District under an agreement with COUNTY dated December 17, 1974.
3. COUNTY will provide the services described in paragraph 2 at no cost to
the CITY.
4. The Health Officer, his or her deputies, employees, and other assistants
shall perform all functions related to the enforcement in CITY of the ordinances
of said CITY or any other functions to be undertaken by COUNTY, as specified in
Exhibit A, attached hereto and incorporated herein by reference, as authorized by
Health and Safety Code Section 480 et seq. Upon the written request of the City
Official designated by CITY to make such a request, and the written approval of
the Health Officer, Exhibit A may be amended to reflect current City ordinances
to be enforced by the Health Officer.
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Notwithstanding the foregoing, the Health Officer shall not enforce any
building code, electrical code, or plumbing code; and shall not perform the
vector control functions assumed by the Orange County Vector Control District
under an agreement with COUNTY dated December 17, 1974.
5. If CITY is considering adopting an ordinance and requesting its
enforcement by the Health Officer, the Health Officer may, subject to the
provisions of paragraph 11, provide assistance or a limited demonstration of
specific environmental health services to aid CITY in defining the manner in
which the proposed ordinance enforcement would be provided upon the request of
authorized CITY personnel and upon presentation by the CITY that (a) CITY wishes
in good faith to secure a demonstration, under real or simulated conditions of
the manner in which an ordinance would be enforced; (b) CITY desires to adopt the
ordinance in question and wishes the demonstration to assist in its
deliberations; and (c) CITY will pay COUNTY a rate specified pursuant to
paragraph 7, provided, however, that such demonstration services will only be
provided one time for not to exceed twenty-four (24) direct labor hours and shall
not be provided thereafter for any other ordinance having the same or similar
provisions or objectives nor shall such services be provided for ordinances
having the same or similar provisions or objectives as ordinances which have been
included in Exhibit A.
6. The Health Officer will provide services pursuant to paragraph 4 only
when a request therefore is made by the CITY official designated to make such
request. Such official shall be designated by CITY for each ordinance, and the
Health Officer shall be notified in writing of such designation. The manner and
extent to which services are provided in response to such request shall be
determined by the Health Officer as provided in paragraph 12.
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7. In consideration of the services provided hereunder, CITY agrees to pay
to COUNTY such sums of money as may be specified by COUNTY by written notice to
CITY; provided, however, CITY may decline to make such payment at the rates
specified by COUNTY by giving thirty (30) day written notice of such declination
to COUNTY within thirty (30) day after the rates are established by COUNTY. In
the event CITY gives such notice, COUNTY may terminate services under this
Agreement on thirty (30) day written notice to CITY.
8. The CITY and the Health Officer may, by mutual written agreement, make
additions to or deletions from the list of services which the Health Officer is
to perform under this Agreement. In addition, CITY or the Health Officer may
terminate the Health Officer's services hereunder as to any service performed by
the Health Officer, by giving the other party at least sixty (60) day written
notice of such termination.
9. CITY may adopt ordinances providing for the payment of fees directly to
the Health Officer as reimbursement for public health and sanitation services.
In such cases, when the Health Officer has agreed in writing to collect such fees
and has agreed that such fees are sufficient to reimburse COUNTY for .the
estimated cost of services to be provided in relation to such an ordinance,
collection of such fees by the Health Officer shall be accepted as full payment
for services rendered in lieu of the charges that would otherwise be payable by
the CITY under the provisions of this Agreement. Health Officer shall give CITY
at least sixty (60) day notice of any change in such fees required to reimburse
COUNTY for its cost. If such changes are not made by CITY prior to the effective
date of such notice, COUNTY shall resume billings to CITY at the rates
established pursuant to paragraph 7 of this Agreement.
MIM
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'j In addition, the collection of such fees by the Health Officer shall be
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discontinued in the event either CITY or the Health Officer gives at least sixty
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(60) day written' notice thereof. Thereafter, COUNTY shall resume billing at the
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4j rate established pursuant to paragraph 7 of this Agreement.
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10. All permit f ees, inspection fees, license fees, other fees and sums
61 collected by the Health Officer pursuant to CITY ordinances or resolutions shall
7' be paid to and deposited in the County Treasury and become the property of the
8' COUNTY.
9 11. The CITY agrees that the Health Officer of the County of Orange, his
10 deputies, employees, and assistants shall have the powers of City Health Officer
11 within CITY, access to information and records, and assistance from officers and
I telephone service provided
12 employees of CITY. Any office space, desk space, and tel p
to Health Officer by CITY shall be provided at no cost to the COUNTY.
14 12. The COUNTY shall furnish all necessary labor, supervision, equipment,
15 communication facilities, and supplies necessary to perform the level of services
16 to be provided hereunder. It is agreed that nothing contained in this Agreement
17 should be construed to bind the CITY to demand of the COUNTY or to require the
18 COUNTY to furnish any particular number of inspections or visits. Health Officer
19 may deny services to CITY under this Agreement if, in his or her sole discretion,
20 he or she determines that appropriate personnel or other resources are
21 unavailable or the Health Officer does not have the legal capacity to act.
22 13. Unless the persons or addresses are otherwise identified by notice given
23 in the manner specified by this paragraph, all notices authorized or required by
24 this Agreement shall be deemed effective when they are reduced to writing and
25 deposited in the United States mail, postage prepaid, and addressed as follows:
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a. To CITY: City Manager
City of Tustin
300 Centennial Way
Tustin, CA. 92680
b. To COUNTY: Health Officer
County of Orange
P.O. Box 355
515 N. Sycamore
Santa Ana, CA. 92702
14. CITY shall not be called upon to assume any liability for the direct
payment of any salaries, wages or other compensation to any COUNTY personnel
performing services hereunder or any liability other than that provided for by
this Agreement. Except as herein otherwise specified, CITY shall not be liable
for compensation or indemnity to any COUNTY employees for any injury or sickness
arising out of his employment.
15. Neither party hereto shall be liable for, and each party shall
indemnify, defend and hold harmless the other party and its respective directors,
officers, employees and agents, from and against any and all claims, losses,
disputes and other liability or expense, including reasonable attorney's fees,
court costs and necessary disbursements, for any damage whatsoever, including but
not limited to, bodily injury, death or injury to property, proximately resulting
from any act or omission of the other party, its officers, employees, agents or
contractors in the performance of this Agreement. As a condition to the
foregoing, each party agrees to provide the indemnifying party with written
notification of any claim within thirty (30) days of the 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.
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16. This Agreement shall commence on July 1, 1991 and shall continue in
effect until June 30, 1996, provided that either party may terminate this
Agreement effective June 30 of any year by giving at least sixty (60) day written
notice, or may terminate this Agreement as otherwise provided by this Agreement.
In the event of termination, the Health Officer shall have no obligation to
enforce any ordinance of the CITY.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
COUNTY OF ORANGE
DATED:
BY:
Chairman, Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD.
DATED:
LINDA D. RUTH
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM
ADRIAN KUYPER, COUNTY COUNSEL
DATED:
BY:
Deputy
CITY OF TUSTIN
A municipal corporation
DATED:
BY:
Mayor
ATTEST:
DATED:
BY:
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY
DATED:
BY:
City Attorney
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EXHIBIT A
to
HEALTH SERVICES AGREEMENT
between
CITY OF TUSTIN
and
COUNTY OF ORANGE
The Health Officer will provide services hereunder relating to the following ordinances of CITY:
Type of
Activity
Enabling Resolution/Ordinance
Resolution Ordinance
Charge User
to City Fee
Food
Ch. 11 (#593)
X
Housing (UHC)
809 Ch. 8, Article 8800
Mobile Food
Ch. 11 (#821)
X
Preparation Vehicle
Mobile X -Ray Unit
Ch. 7 (#461)
X
Motel/Hotel
809 Ch. 8, Article 8800
X
Well Construction
Ch. 26 (#591/628)
X
4/17/91
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