HomeMy WebLinkAboutORANGE, COUNTY OF ENVIRONMENTAL HEALTH CARE AGENCY - 20026NSl�I1��`,
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�i-IK ly']Ai PROCEED
.ERIC OF COUNCIL
AGREEMENT FOR PROVISION OF
ENVIRONMENTAL HEALTH SERVICES
BETWEEN
COUNTY OF ORANGE
AND
CITY OF SANTA ANA
A-2()()2-010
i/
THIS AGREEMENT entered into this 1st day of July 2001, 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 SANTA ANA 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
EXHIBIT A. .....................
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........................... 1 Page
PARAGRAPH PAGE
TitlePage.................................................................................................................................
1
Contents...................................................................................................................................
2
I.
Alteration of Terms.................................................................................................................
3
II.
Indemnification ........................................................................................................................
3
III.
Notices.....................................................................................................................................
3
IV.
Payments..................................................................................................................................
4
V.
Services....................................................................................................................................
4
VI.
Severability................................................................................ ...................
5
VII.
Status of County......................................................................................................................
6
VIII.
Term.........................................................................................................................................
6
IX.
Termination.............................................................................................................................
6
X.
Waiver of Default or Breach...................................................................................................
7
SignaturePage.........................................................................................................................
8
EXHIBIT A. .....................
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........................... 1 Page
I I. ALTERATION OF TERMS
2 This Agreement, together with Exhibit A attached hereto and incorporated herein by reference, fully
3 expresses all understanding of COUNTY and CITY with respect to the subject matter of this Agreement,
4 and shall constitute the total Agreement between the parties for these purposes. No addition to, or
5 alteration of, the terms of this Agreement, whether written or verbal, shall be valid unless made in
6 writing and formally approved and executed by the parties,
7
8 II. INDEMNIFICATION
9 Each party agrees to indemnify and hold harmless the other party, its officers, agents and employees
10 from all liability, claims, losses and demands, including defense costs, whether resulting from court
11 action or otherwise, arising out of the acts or omissions of the indemnifying party, its officers, agents or
12 employees, or the condition of property used in the performance of this Agreement. Each party agrees to
13 provide the indemnifying party with written notification of any claim within thirty (30) days of notice
14 thereof, to allow the indemnifying party control over the defense and settlement of the claim, and to
15 cooperate with the indemnifying party in its defense.
16
17 III. NOTICES
18 A. Unless otherwise specified, all notices, claims, correspondence, reports and/or authorized or
19 required by this Agreement shall be effective when:
20 1. Written and deposited in the United States mail, first class postage prepaid and addressed as
21 follows:
22 CITY:
23
24 City Manager
25 20 Civic Center Plaza
26 Santa Ana, CA 92702
27
28 COUNTY: Health Officer
29 County of Orange
30 Health Care Agency
31 515 North Sycamore, 6th Floor
32 Santa Ana, CA 92701
33 2. Faxed, transmission confirmed; or
34 3. Accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel Service, of
35 other expedited delivery service.
36 B. Termination Notices shall be effective when written and deposited in the United States mail,
37 certified, return receipt requested, when faxed, transmission confirmed, or when accepted by U.S. Postal
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1 Service Express Mail, Federal Express, United Parcel Service, or other expedited delivery service and
2 addressed as specified in subparagraph A. above.
3 C. For the purposes of this Agreement, any notice to be provided by COUNTY may be given by
4 Health Officer.
5
6 IV. PAYMENTS
7 A. In consideration of the services provided hereunder, including demonstration services, CITY
8 agrees to pay COUNTY the fees or rates adopted by the Orange County Board of Supervisors in effect at
9 the time that such services were rendered. It is understood by the parties that such fees and rates are
10 only for the purpose of meeting COUNTY'S cost associated with providing the services.
11 1. COUNTY shall bill CITY for such services and payment to COUNTY should be released
12 by CITY no later than thirty (30) days after receipt of the billing form. Failure of CITY to reimburse
13 COUNTY may be considered a breach of the terms of this Agreement and may result in termination of
14 this Agreement.
15 2. COUNTY shall give CITY at least sixty (60) days notice of any change in fees or rates to be
16 adopted by the Orange County Board of Supervisors.
17 B. CITY may include, in the adoption of its ordinances, the requirement that COUNTY fees or
18 rates be paid directly by the facility or business (User) requiring the services in order to begin or
19 continue operation, in lieu of CITY.
20 1. In cases where User is to pay the fee or rate directly to COUNTY, CITY shall specify in its
21 ordinances that such fees or rates shall be those adopted by the Orange County Board of Supervisors in
22 effect at the time that such services were rendered.
23 2. COUNTY shall bill User for services provided pursuant to CITY ordinances or resolutions.
24 CITY shall not be responsible for failure of User to reimburse COUNTY.
25 3. COUNTY agrees that collection of such fees or rates shall be accepted as full payment for
26 services rendered in lieu of charges that would otherwise be payable by CITY under the provisions of
27 this Agreement,
28 C. All fees or rates collected by COUNTY from CITY, or Users pursuant to CITY ordinances or
29 resolutions, shall be paid to and deposited in the County Treasury and become property of COUNTY.
30
31 V. SERVICES
32 A. CITY shall designate the Health Officer as the Health Officer of CITY pursuant to Health and
33 Safety Code Section 101460. "Health Officer" means the Health Officer, or designee, of the County of
34 Orange designated by the Orange County Board of Supervisors. CITY agrees that the Health Officer, or
35 designee, shall have all the powers and authority associated with the position of Health Officer within
36 CITY and shall, at no cost to COUNTY, have access to any and all information and records as well as
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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, in writing, to reflect any additions or deletions of CITY ordinances to
be enforced by the Health Officer.
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 are not 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 appropriate 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.
VL 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
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the application thereof shall remain valid, in full force and effect, and to that extent the provisions of this
Agreement are severable.
VIL 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, 2001 and shall remain in effect until
such time as it is terminated in accordance with the Termination Paragraph of this Agreement; 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 confidentiality, 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.
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 following:
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.
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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.
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 have executed this Agreement, in the County of Orange,
State of California.
COUNTY OF ORANGE
BY:
CHAIR OF THE BOARD OF SUPERVISORS
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVER ;
TO THE CHAIR OF THE BOARD:''
+ti Y
CITY OF SANTA ANA
a municipal corporation
�y d.
CITY MANAGER
ATTEST:
DARLENE T. BLO :&: [•114101 '#/Z Date CITY CLERKO Date
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
LAURENCE M. WATSON, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
BY:=1 `
DEPUT Date
;..
APPROVED AS TO FORM:
CITY ATTORNEY
BY: .lam Lam.,_.-- IJ I C� 2---
/4-Ur-
---/ -U = Cil 7:�l 9 Date
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EXHIBIT A
TO AGREEMENT WITH
CITY OF SANTA ANA
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
Enabling
Resolution Ordinance
Ch. arse
City User
Food
Sec.18-501
X
et-seq. (#NS
1403; #NS
2171)
Housing (UHC)
66-54
Sec. 8-1156
(#NS 2273)
Massage Establishment
76-112 (fees)
Sec. 22-1 et.
X
seq. (#NS
1335 as
amended; #NS
1321 & #NS
2145 fees; #NS
1458)
Motel/Hotel
66-54
Sec. 8-1156
X
(#NS 2273)
Tattoo Establishment
76-112 (fees)
Sec. 18-400 et.
X
seq.(#NS 1240
& #NS 2171;
#NS 1321 &
#NS 2145 fees)
Well Construction
Sec. 39-60 et.
X
seq. (#NS
1219)
Wiping Rag
Sec. 18-451 et.
X
seq.
(#NS 1275)
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EXHIBIT A
CONSENT CALENDAR
22.E. SPEC. NO. 02-003 - PICKUP TRUCKS - Award a contract to Lake
Chevrolet for the purchase of one half -ton compact truck, one 314 -ton
truck, and two one -ton trucks in the amount of $113,547.65 - Finance and
Management Services
22.F. SPEC. NO. 02-005 - AMENDMENT FOR PROTECTIVE ENCLOSURES
FOR SODIUM HYPOCHLORITE GENERATION UNITS - Amend the
contract to increase the aggregate limit to Tuff Shed by $2,000.00 for the
purchase of protective enclosures, for an annual amount not to exceed
$12,000.00 - Finance and Management Services
22.G. SPEC. NO. 02-007 - HAZMAT MEDICAL EXAMS - Authorize payment to
Pulmonary Consultants & Primary Care Physicians Medical Group, Inc. for
Hazmat medical exams in the amount of $9,315.00 - Finance and
Management Services
AGREEMENTS
,.eF4I-5'A" UTfW-2 2`�A0,- NG
....X......................................................................................................1.
.
Motion: Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute agreement.
With the County of Orange Environmental Health Care Agency for
contract services to enforce statutes relating to the public health -
Planning and Building Agency
MOTION: Bist SECOND: McGuigan
VOTE: AYES: Alvarez, Bist, Franklin, McGuigan, Pulido,
Solorio (6)
NOES: Christy (1)
�j ABSENT: None (0)
Motion: Direct the City Attorney to prepare and authorize the City Manager
and Clerk of the Council to execute agreements. (Items 25.13.
through 25.D.)
253 AGMT NO. 2002-011 - LEGAL SERVICES- With the law firm of McCune &
Harber, LLP for specialized legal services for the City of Santa Ana - City
Attorney's Office
CITY COUNCIL MINUTES 46 FEBRUARY 4, 2002