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