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HomeMy WebLinkAbout86-65 - Health Services AgreementRESOLUTION NO. 86 -65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING, AND AUTHORIZING • THE MAYOR TO SIGN, THE FIRST AMENDMENT TO THE HEALTH SERVICES AGREEMENT BETWEEN THE COUNTY OF ORANGE AND CITY OF NEWPORT BEACH ,0 WHEREAS, the City of Newport Beach has, by agreement dated December 17, 1974, designated the Orange County Health Officer as the Health Officer of the City pursuant to the provisions of Sections 476 of the Health & Safety Code; and WHEREAS, the Health Officer of the County of Orange has functioned in that capacity since the date of the agreement; and WHEREAS, the parties now desire to make certain changes to the original Health Services Agreement and those changes are specified in the First Amendment to the Health Services Agreement attached to this Resolution as Exhibit "A." NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby approves the First Amendment to the Health Services Agreement between the County of Orange and the City of Newport Beach as shown on Exhibit "A" and authorizes the Mayor and City Clerk to execute the Agreement. ADOPTED this 14th day c ATTEST: O O . C ty Clerk -1- 1 2 3 4 5 n 9 10 11 12 13 14 W� Z; 15 �o 01 W W 16U F V :� 00 17 W 18 19 20 21 22 23 24 Z 25 26 N N 27 28 FIRST AMENDMENT TO HEALTH SERVICES AGREEMENT THIS FIRST AMENDMENT, is made and entered into this day of 1986, which date is enumerated for designates the Health Officer 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 _ Newport BeaCh . 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 17, 1974." 2. Paragraph 4 of the Agreement 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 A 1 2 3 4 5 7 8 9 10 11 12 13 14 J . Wf z; 15 �o oW W 16 zz c 17 18 19 20 21 22 23 24 25 n 26 N O 27 ® 28 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 notice, COUNTY may terminate services under this Agreement on thirty (30) days' written notice to CITY." R14/113 2. Draft 3 5 -20 -86 EXHIBIT "A" A ' I S. Paragraph 8 of the Agreement is amended to include the 2 following sentence: 3 "This' paragraph 8 shall apply only to services provided by COUNTY 4 to CITY commencing before July 1, 1986." 5 6. Paragraph 9 of the Agreement is amended to read as follows: "9. The CITY and the Health Officer may, by mutual written •I� agreement, make additions to or deletions from the list of services 8 which the Health Officer is to perform under this Agreement. In 9 addition, CITY or the Health Officer may terminate the Health Offi- 10 cer's services hereunder as to any service performed by the Health 11 Officer, by giving the other party at least sixty (60) days' written 12� notice of such termination." 13I 7. The second and third sentences of paragraph 10 of the 14� Agreement are amended to read as follows: 15 "For each service to be performed as specified to be charged to 16 CITY in Exhibit A there shall be a minimum charge of $25.00 a month 17 for services provided before July 1, 1986, and $30.00 per month for is services provided thereafter." 19 "Direct labor hours spent in providing services hereunder shall 20 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 A 7 0 9 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 Agreement effective June 30 of any year by giving at R14/113 4. Draft 3 5 -20 -86 A I 1 2 3 4 51 8 9 10 11 12 13 14 15 'o u 16 i 17 16 19 20 21 22 23 24 Z 25 26 N N e 27 LL 28 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 Chairman, Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DE- LIVERED TO THE CHAIRMAN OF THE BOARD: LINDA D. ROBERTS Clerk of the Board of Super- visors of the County of Orange, California APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL � By l Ste V H. Weiss, Deputy R14/113 Draft 3 5 -20 -86 A By_ Mayor AT17EST : By. APPROVED AS TO FORM: By_ City Attorney 5. 1 2 3 4 05 6 7 8 91 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P EXHIBIT A I to HEALTH SERVICES AGREEMENT between CITY OF NEWPORT BEACH and COUNTY OF ORANGE The Health Officer will provide services hereunder relating to the following ordinances of CITY: Type of i Enabling Ordinance /Resolution 1 Charge ;User Activity 1 Resolution 1 Ordinance 1 To City ;Fee ------------------ -; - - -- ----------------------------------- Food , ; Ch. 6.08 (111593) 1 i X Mobile Food ; 1 Ch. 6.08 (111832) 1 i X Preparation Vehicle; Housing (UHC) 1 6298 1 Ch. 15.06 1 1 Mobile X -Ray Unit ; 1 Ch. 6.15 (111332) 1 ; X Well Construction ; 1 Ch. 14.34 ( #1587) 1 i X Motel /Hotel 1 6298 1 Ch. 15.06 Massage Parlor 1 8801 (fees) !.Ch. 5.50 ( #85 -32) 1 i X Tattoo Parlor 1 8801 (fees) 1 Ch. 6.20 ( #1655) i i X