The URL can be used to link to this page

Home My WebLink AboutCC 12 HEALTH SVCS CONT 8-18-86 CONSENT CALEN DAR 8-18-86 Inter- Corn AUGUST 18, 1986 TO: FROM: SU BJ ECT: WILLIAI~ A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT REIIEWAL OF HEALTI{ SERVICES CONTRACT RECO~IE#DED ACTION: That the City Council approve and sign the new health services contract. SUI~ARY: 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 noise testing. On June 24th, 1986 the Orange County Board of Supervisors approved a new contract to become effective July 1st, 1986. Each contracting city should review and approve the new contract in order to continue health care services. ANALYSIS: The City Attorney has reviewed this contract that if approved will be effective until June 30, 1991. Minor changes have been made, however, they are mostly related to user charges. The only change which may affect the city is in the consolidation of fees. The only service which the city must pay directly for is noise testing. With the proposed change, the County Noise Officer must quote a price prior to performing duties for the city. The City Attorney has advised that these changes will not affect the current level of services provided by the Orange County Health Care Services Agency and has directed staff to recommend approval for this new contract. LP:do attach: O.C. Health Services Contract Exhibit "A" I~OBERT W. BALEN, Planning Consultant 2 7 10 14 18 2O 21 - 27 FIRST AMENDMENT TO HEALTH SERVICES AGREEMENT THIS FIRST AMENDMENT, is made and entered into this ' day of , 1986, which date is enumerated for purposes of reference only, to that certain agreement 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," dated July 1, 1981, hereinafter referred to as the "Agreement." 1. Paragraph 2 of the Agreement is amended to read as follows: "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 %7, 1974." 2. Paragraph 4 of the Agreemen~ is amended to read as follows: "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. 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." R14/113 1. Draft 3 5-20-86 r 1 4 5 6 7 8 10 11 12 .) 14 ~ 16 18 19 20 21 22 23 24 ~25 ~ 27 3. Paragraph 5 of the Agreement is amended to read as follows: "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 13, 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 representation 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 includ- ed in Exhibit A." 4. Paragraph 7 of the Agreement is amended to read as follows~ "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) days' notice of such declination to COUNTY within thirty (30) days after the rates are established by COUNTY. In the event CITY gives such not'ice, COUNTY may terminate services under this Agreement on thirty (30) days' written notice to CITY." R14/113 2. Draft 3 5-20-86 3 4 5 6 7 10 11 12 14 [ 15 0 ~ 16 18 19 2O 21 22 23 24 ~ 25 ? g 27 & 5. Paragraph 8 of the Agreement is amended to include the following sentence: "This paragraph 8 shall apply only to services provided by COUNTY to CITY commencing before July 1, 1986." 6. Paragraph 9 of the Agreement is amended to read as follows: "9. 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 Offi- cer's services hereunder as to any service performed by the Health Officer, by giving the other party at least sixty (60) days' written notice of such termination." 7. The second and third sentences of paragraph 10 of the Agreement are amended to read as follows: "For each service to be performed as specified to be charged to CITY in Exhibit A there shall be a minimum charge of $25.00 a month for services provided before July 1, 1986, and $30.00 per month for services provided thereafter." "Direct labor hours spent in providing services hereunder shall be billed to CITY as specified in paragraph 7. 8. Paragraph 11 of the Agreement is amended to read as follows: "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 fee by the Health Officer shall be accepted as full payment for R14/113 3. Draft 3 5-20-86 10 11 ~2 14 ~ 15 ~, 16 18 19 20 21 22 23 24 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) days' 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. In addition, the collec- tion of such fees by the Health Officer shall be discontinued in the event either CITY or the Health Officer gives at least sixty (60) days' notice thereof. Thereafter, COUNTY shall resume billing at the rate specified pursuant to paragraph 7 of this Agreement." 9. The last sentence of paragraph 14 of the Agreement is amended to read as follows= "Health Officer may deny services to CITY under this Agreement if, in his'or her sole discretion, he or she determines that appropri- ate personnel or other resources are unavailable or the Health Officer does not have the legal capacity to act." 10. With respect to paragraph 15 of the Agreement, the address for notices to COUNTY shall be as follows: "Health Officer County of Orange 515 N. Sycamore Santa Ana, CA 92701" 11. Paragraph 16 of the Agreement is amended to read as follows: "This Agreement shall commence on July 1, 1981, and shall contin- ue in effect until June 30, 1991, provided that either party may terminate this'~greement effective June 30 of any year by giving at R14/113 4. Draft 3 5-20-86 ' 1 2 5 6 7 8 9 10 11 12 18 19 20 21 22 23 24 ~' 25 ¢ g 27 least sixty (60) days' written notice, or may terminate this Agreement as otherwise provided by this Agreement. In 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 Amend- ment to Agreement. COUNTY OF ORANGE CITY OF By By. Chairman, Board of Supervisors Mayor SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DE- LIVERED TO THE CHAIRMAN OF THE BOARD: .ATTEST: By LINDA D. ROBERTS Clerk of the Board of Super- visors of the County of Orange, California APPROVED AS TO FORM: APPROVED AS TO FORM: ADRIAN.KUYPER, COUNTY COUNSEL Stef~n H. Weiss, eputy By City Attorney R14/113 Draft 3 5-20-86 Se ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 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 ~ Enabling Ordinance/Resolution ~ Charge IUser Activity I Resolution ~ Ordinance ~ To City IFee Food Mobile Food Preparation Vehicle Housing (UHC) Mobile X-Ray Unit Community Noise Well Construction Mobile Home Park Motel/Hotel 809 594 8O9 Ch. 11 (#593) Ch. 11 (~821) C~. 8, Article 8800 Ch. 7 Ch. 6 (#828/845) Ch. 26 (#591/628) Ch. 8, Article 8800 X X