HomeMy WebLinkAboutCC 4 HEALTH SVCS AG 10-05-81DATE:
TO:
FROM:
S UBd EC:T:
9/23/81
C~, CITY I~NAGER
JAMES G. ROURKE, CITY ATTORNEY
CONSENT CALENDAR
No. 4
Inter-Corn
HEALTH SERVICES AGREEMENT
Enclosed is agreement with the County of Orange for Health
Services which we have reviewed and approved.
JGR:se:D:9/22/81
Enclosures
~,-~~OUNTY OF I RANGE
SANTA ANA, CALIFORNIA 92701
(714) 834-3155
Mailing Address: P.O, BOX 355
SANTA ANA, CA 92702
August 17, 1981 ~~~/~
City of Tustin ~ S'~,~; 7',~ ~
300 Centennial Way ~ *~[r ~ ,-":i:~Z~
Tustin, Califo~ia 92680 ~ ~,,~3>~F
~e Orange Cowry Board of Supe~isors has authorized the Human Se~ices Agency
to renew health services agreements with the Cities. ~ese agreements replace
those which expired on June 30.
Larry M. Leaman
L. REX £HLING. M.D.
In keeping with your City's desire to continue contracting with the County for
environmental health services we have prepared the attached Health Services
Agreement, You will find this document identical to your recently expired
agreement except as follows:
Paragraph 5: This section is new. Its purpose is to
create a procedure under which the City and County may
explore the establishment of'health-related City ordinances
which w~uld be enforced by the County.
Paragraph 10: The monthly minimum charge for enforcement
of ordinances has been increased to twenty-five dollars from
twenty dollars. As in the past there is no monthly minimum
charged for ordinances covered by public user fees or specified
as "No Charge And No Fee" in Exhibit A.
Exhibit A: This page has been updated to reflect the latest
status of elective services cited in City ordinances and
codes and enforced by the County.
Exhibit B: This page has been updated to reflect the latest
projected costs for services performed by various Environmental
Health staff in enforcing elective codes and ordinances.
~=,. .. ~, .,~,~.,,~' ~ ...~L ' '~i-'~ '~'":. ., · .,
:~":~:;:~' ...... ' ~,::~_ .... ~ Th~ rfginal of this agre m
page 2
a supporting Council Resolution should be returned to:
L. Rex Ehling, M.D.
County Health Officer
515 N. Sycamore Street
Santa Ana, CAlifornia 92701
Upon return, the Agreement will be presented to the Board of Supervisors.
Dr. Ehling's staff is available for further consultation regarding this Agreement.
Please feel free to contact his office at 834-3157.
On behalf of the Board of SuPervisors and the Human Services Agency, we look
forward to continuing services to your city.
Very truly yours,
Director
RJC:tz
1
2
4
5
6
'7
15
~0
21
22
2~
24
25
26
I
HEALTH SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 1st day of July, 1981,
which date is enumerated for purposes of reference, between the COUNTY OF
ORANGE, a political subdivision of the State of California, hereinafter
referred to as "COUNTY", and the CITY OF Tustin, a municipal corporation
situated in the County of Orange, 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. The Health Officer, his deputies, smployees, and other
assistants shall enforce and observe in CITY all statutes relating to
public health; all orders, quarantine regulations, and rules prescribed
by the State Department of Health; and other rules and regulations
issued under the provisions of the Health and Safety Code; provided
that the Health Officer shall not enforce any building code, electrical
code, or plumbing code; shall not perform any animal or rabies control
function; and shall not perform the rat or vector control functions
assumed by the Orange County Vector District under an agreement with
COUNTY dated December 17, 1974.
1 of 9
1
2
4
5
6
8
9
10
15
~0
~5
~7
3. COUNTY will provide the services described in paragraph 2 at
no cost to the CITY.
4. The Health Officer, his deputies, employees, and other assistants
shall perform all functions relating to the enforcement in CITY of the
ordinances of said CITY listed in Exhibit A hereto, the making of all
inspections, and the performance of all functions in connection therewith;
provided that the Health Officer shall not enforce any building code,
electrical code, or plumbing code; shall not perform any animal or
rabies control function; and shall not perform the rat or vector control
functions assumed by the Orange County Vector Control District under an
agreement with COUNTY dated December 17, 1974.
.5. If the 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 counsel, assistance, or a limited
demonstration of specific environmental health services to aid the CITY in
defining the manner in which the proposed ordinance enforcement would be
provided upon the request of authorized CITY personnel and upon representa-
tion by the CITY that (a) the 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) the City desires to adopt the ordinance
in question and wishes the demonstration to assist it in its deliberations;
and (c) the CITY will pay the COUNTY the appropriate hourly rate specified
in Exhibit B of this Agreement, provided, however, that such demonstration
services will only be provided one time for not to exceed 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 of
2 of 9
1
2
$
4
5
?
9
10
11
12
14
15
16
17
18
19
20
21
22
2~
24
25
26
27
28
this Agreement, which lists the ordinances that are to be enforced
hereunder.
6. The Health Officer will provide services pursuant to paragraph
4 only when a request there~fore is made by the CITY official designated
to make such requests. 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 14.
7. In consideration ~of the services provided hereunder, CITY
agrees to pay to COUN. TY the following sums monthly in arrears:
A. From the effective date of this contract through June 30,
1982, the CITY shall make payment to COUNTY each month at the rates
specified in Exhibit B.
B. After June 30, 1982, the CITY shall make payment to COUNTY
each month at the rates determined pursuant to paragraph 8.
8. On or before April 15 of each year, commencing April 15, 1982,
the Health Officer shall determine and notify CITY of the rates to be
paid by CITY during the year commencing the next succeeding July 1,
which rate shall be determined by the Health Officer in the following
manner:
The Health Officer shall determine the total estimated gross
cost to COUNTY for the ensuing year of providing each of the public
health and sanitation programs listed in Exhibit B throughout the
COUNTY. Such total estimated cost shall include employee salaries;
vacation, sick leave, insurance, retirement, and other fringe
benefits; travel time and expense; supplies and services expense;
laboratory expense; general COUNTY overhead as determined by the
3 of 9
1
Z
4
?
9
10
11
12
13
14
15
16
17
18
19
20
21
22
2~
24
25
26
27
28
County Auditor-Controller; and department indirect expense. To
determine the rate for a program, the total estimated program cost
shall be divided by the number of estimated available direct labor
hours planned to be assigned to the program during the following
fiscal year.
9. The CITY and the Health Officer may by mutual written agreement
make additions to or deletions from the list of ordinances for which
the Health Officer is to provide enforcement and related services. In
addition, CITY or the Health Officer may terminate the Health Officer's
services hereunder on any city ordinance by giving the other party at
least sixty (60) days written notice.
10. COUNTY will maintain time records for services provided on
each ordinance. For each ordinance, specified in Exhibit A, there shall
be a minimum charge of $25.00 per month. Direct labor hours spent in
providing services hereunder shall be billed to CITY at the rates
specified in Exhibit B. Periods of less than one hour shall be rounded
to the nearest tenth of an hour. Ail charges shall be billed monthly
in arrears. CITY shall pay such billings within 30 days of the billing
date.
11. CITY may adopt ordinances providing for the payment of fees
to the Health Officer as reimbursement for public health and sanitation
services under such ordinance. 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 the 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
services rendered in lieu of the charges that would otherwise be payable
by the CITY under the provisions of paragraphs 7 through 10 hereof.
4 of 9
Z
4
5
?
10
11
lZ
14
15
16
17
18
19
20
21
22
2~
24
25
26
27
28
Health Officer shall give CITY at least sixty (60) days notice of any
change in such fees required to reimburse the COUNTY for its costs. If
such changes are not made by CITY prior to the effective date of such
notice, COUNTY shall. resume billings to CITY at the rate specified in
Exhibit B. In addition, the collection 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 in Exhibit B.
12. Ail permit fees, inspection fees, license fees, other fees
and sums collected by the Health Officer pursuant to CITY ordinances or
resolutions shall be paid to and deposited in the County Treasury and
become the property of the COUNTY.
13. The CITY agrees that the Health Officer of the County of
Orange, his deputies, employees, and assistants shall have the powers
of City Health Officer within CITY, access to information and records,
and assistance from officers and employees of CITY. Any office space,
desk space, and telephone service provided to Health Officer by CITY
shall be provided at no cost to the COUNTY.
14. The COUNTY shall furnish all necessary labor, supervision,
equipment, communication facilities, and supplies necessary to perform
the level of services to be provided hereunder. It is agreed that
nothing contained in this contract should be construed to bind the CITY
to demand of the COUNTY or to require the COUNTY to furnish any particular
number of inspections or visits. Health Officer may deny services to
CITY under this Agreement if, in his sole discretion, he determines
that appropriate personnel or other resources are unavailable.
15. Unless the persons or addresses are otherwise identified by
notice given in the manner specified by this paragraph, all notices
5 of 9
5
,;
8
10
11
12
14
15
16
17
18
19
20
21
22
2~
24
25
26
27
28
authorized or required by this Agreement shall be deemed effective when
they are reduced to writing and deposited in the United States mail,
postage prepaid, and addressed as follows:
Office of City Clerk
a. To City: City of Tustin
300 Centennial Way
Tustin, CA 92680
b. To County: Clerk of the Board of Supervisors
10 Civic Center Plaza
P. O. Box 687
Santa Ana, California 92702
16. This Agreement shall commence on July 1, 1981 and shall
continue in effect until June 30, 1986, provided that either party may
terminate the Agreement effective June 30 of any year by giving at
least, sixty (60) days written notice. In the event of termination, the
Health Officer shall have no obligation to enforce any ordinance of the
CITY.
17. The Health Services Agreement dated July 1, 1976 between the
parties is hereby terminated effective June 30, 1981.
6of 9
6
'7
lo
ll
16
lO
19
2O
.~6
~8
IN WITNESS WHEREOF the parties hereto have executed this Agreement.
COUNTY OF ORANGE
CITY OF TUSTIN
By
Chairman, Board of Supervisors
By
Mayor
ATTEST:
ATTEST:
JUNE ALEXANDER
County Clerk and ex-officio Clerk
of the Board of Supervisors of
Orange County, California
By
Deputy City Clerk
By
Deputy
DATED: , 1981
APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL
/~/p/ Deputy
APPROVED AS TO FORM:
7 of 9
1
2
4
?
10
11
12
16
17
~0
~?
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 Charge User No Charge
Ordinance Reference To City Fee And No Fee
Food 593 X
Housing 809 X
Mobile Home Park 594 X
Mobile X-Ray Unit 461 X
Noise 828 X
Well Construction X
8of 9
1
5
?
8
10
Il
lZ
14
15'
16
17
18
19
20
21
28
EXHIBIT B
to
HEALTH SERVICES AGREEMENT
between
CITY OF TUSTIN
and
COUNTY OF ORANGE
me
For services provided hereunder by the Health Officer relating to
the ordinances listed in EXHIBIT A (and any amendment, additions,
or deletions thereto made pursuant to.this agreement), the CITY
shall make payment to COUNTY pursuant to this agreement at the
Direct Labor Rates specified below:
Program
Direct Labor Rate
A. Food Sanitation $ 23.82
B. Milk and Dairy Sanitation 57.38
C. Water Quality Control 32.01
D. Institutional Environmental Quality 30.01
E. Land Use Review 26.92
F. Solid Waste Management 27.00
G. Occupational Health 26.95
H. Radiological Health 25.57
I. Housing and Community Environmental 23.01
Quality
J. Community Noise Control 25.99
The specified Direct Labor Rates are hourly rates and shall be
charged for each hour of time spent by applicable program direct
personnel in the providing of services hereunder. The term "direct
personnel" is defined to mean the following County personnel
engaged in providing health services to CITY:
A. Environmental Health Sanitarian
B. Environmental Health Specialist
C. Sanitarian Aid
D. Senior Sanitarian Aid
E. Milk and Dairy Inspector
F. Chief Milk and Dairy Inspector
G. Industrial Hygienist
H. Occupational Health Sanitarian
I. Public Health Physicist
J. Environmental Health Engineering Specialist
If any of the above classifications are revised or replaced with
other classifications performing similar functions, the personnel
assigned to such classifications shall be deemed to be "direct
personnel."
29/11/09 (07/14/81)
9of 9