HomeMy WebLinkAboutC-1802 - Health Services (Contract 803, old agreement)1
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AGREEMENT FOR PROVISION OF
ENVIRONMENTAL HEALTH SERVICES
COUNTY OF ORANGE
AND
CITY OF NEWPORT BEACH
July 1, 1996 through June 30, 2001
THIS AGREEMENT entered into this 1st day of July 1996, 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 NEWPORT BEACH, 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:
CTY 1 PH KKM astcr
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CONTENTS
PARAGRAPH
0
PAGE
1.
Alteration of Terms ........................... ............................... 3
11.
Indemnification ................................ ............................... 3
III.
Notices ......................................... ............................... 3
IV.
Payments ........................................ ..............................3
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
ExhibitA ................................................ ............................... 1 page
CTY 1 PH K Kul aster
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I. ALTERATION OF TERMS
This Agreement fully expresses all understanding of COUNTY and CITY with respect to the
subject matter of this Agreement, and shall constitute the total Agreement between the parties for
these purposes. No addition to, or alteration of, the Terms of this Agreement, whether written or
verbal, shall be valid unless made in writing and formally approved and executed by the parties.
Il. INDEMNIFICATION
Each party agrees to indemnify and hold harmless the other party, its officers, agents and
employees from all liability, claims, losses and demands, including defense costs, whether resulting
from court action or otherwise, arising out of the acts or omissions of the indemnifying party, its
officers, agents or employees, or the condition of property used in the performance of this
Agreement. Each party agrees to provide the indemnifying party with written notification of any
claim within thirty (30) days of notice thereof, to allow the indemnifying party control over the
defense and settlement of the claim, and to cooperate with the indemnifying party in its defense.
III. NOTICES
A. Unless otherwise specified, all notices, claims, correspondence, reports and /or
authorized or required by this Agreement shall be effective when written and deposited in the United
States mail, first class postage prepaid and addressed as follows:
CITY: City Manager
P.O. Box 1768
3300 Newport Boulevard
Newport Beach, CA 92658 -8915
COUNTY: Health Officer
County of Orange
Health Care Agency
515 N. Sycamore, 6th Floor
Santa Ana, CA 92701
B. Termination Notices shall be effective when written and deposited in the United
States mail, certified, return receipt requested, and addressed as specified in subparagraph A. above.
C. For the purposes of this Agreement, any notice to be provided by COUNTY may be
given by Health Officer.
IV. PAYMENTS
A. In consideration of the services provided hereunder, including demonstration
services, CITY agrees to pay COUNTY the fees or rates adopted by the Orange County Board of
Supervisors in effect at the time that such services were rendered. It is understood by the parties that
CTY 1 PH KKMaster
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1 such fees and rates are only for the purpose of meeting COUNTY'S cost associated with providing
2 the services.
3 1. COUNTY shall bill CITY for such services and payment to COUNTY should
4 be released by CITY no later than thirty (30) days after receipt of the billing form. Failure of CITY
5 to reimburse COUNTY may be considered a breach of the terms of this Agreement and may result in
6 termination of this Agreement.
7 2. COUNTY shall give CITY at least sixty (60) days notice of any change in
8 fees or rates to be adopted by the Orange County Board of Supervisors.
9 B. CITY may include, in the adoption of its ordinances, the requirement that COUNTY
10 fees or rates be paid directly by the facility or business (User) requiring the services in order to begin
11 or continue operation, in lieu of CITY.
12 1. In cases where User is to pay the fee or rate directly to COUNTY, CITY shall
13 specify in its ordinances that such fees or rates shall be those adopted by the Orange County Board
14 of Supervisors in effect at the time that such services were rendered.
15 2. COUNTY shall bill User for services provided pursuant to CITY ordinances
16 or resolutions. CITY shall not be responsible for failure of User to reimburse COUNTY.
17 3. COUNTY agrees that collection of such fees or rates shall be accepted as full
18 payment for services rendered in lieu of charges that would otherwise be payable by CITY under the
19 provisions of this Agreement.
20 C. All fees or rates collected by COUNTY from CITY, or Users pursuant to CITY
21 ordinances or resolutions, shall be paid to and deposited in the County Treasury and become
22 property of COUNTY.
23
24 V. SERVICES
25 A. CITY shall designate the Health Officer as the Health Officer of CITY pursuant to
26 Health and Safety Code Section 101460. "Health Officer" means the Health Officer, or designee, of
27 the County of Orange designated by the Orange County Board of Supervisors. CITY agrees that the
28 Health Officer, or designee, shall have all the powers and authority associated with the position of
29 Health Officer within CITY and shall, at no cost to COUNTY, have access to any and all information
30 and records as well as assistance from officers and employees of CITY necessary to perform the
31 services to be provided pursuant to this Agreement.
32 B. The Health Officer shall perform all environmental health services related to the
33 enforcement of CITY ordinances as specified in Exhibit A to this Agreement. Exhibit A to this
34 Agreement may be amended, by CITY or COUNTY, to reflect any additions or deletions of CITY
35 ordinances to be enforced by the Health Officer.
36
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1 1 . "Enforcement" means the actions required in order to verify and maintain
2 compliance or conformance of a facility or business to the ordinances established by CITY in
3 response to Federal, State, County or local rules and regulations. These actions may include, but not
4 be limited to, one or more inspections of a facility or business; written evaluation of the findings;
5 approval or permit issuance, suspension, or revocation as appropriate; and review of any follow -up
6 action as required.
7 2. It is agreed that nothing in this Agreement shall be construed as binding CITY
8 to demand of COUNTY, or as requiring COUNTY to perform, any particular number of inspections
9 or visits. At the Health Officer's sole discretion, services under this Agreement may be denied to
10 CITY if the Health Officer determines that appropriate personnel or other resources are unavailable or
1 I the Health Officer does not have legal capacity to act.
12 3. COUNTY shall furnish all necessary labor, supervision, equipment,
13 communication services, facilities, and supplies necessary to perform the level of services to be
14 provided.
15 4. The Health Officer shall not enforce any building code, electrical code, or
16 plumbing code; and shall not enforce any vector control functions assumed by the Orange County
17 Vector Control District for which these functions are provided pursuant to an agreement with
18 COUNTY dated December 17, 1974.
19 C. DEMONSTRATION PROJECTS - CITY may request, and the Health Officer may
20 provide, assistance or a limited demonstration of specific environmental health services which would
21 be applicable to a newly proposed ordinance under consideration of CITY. Such demonstration may
22 be under real or simulated circumstances to aid CITY in defining the manner in which the proposed
23 ordinance enforcement would be provided. It is agreed by the parties that demonstration projects for
24 a specific ordinance shall only be provided once, and shall not exceed twenty -four (24) direct labor
25 hours of the Health Officer. It is further agreed by the parties that demonstration services shall not
26 be provided for any other ordinance, existing or proposed, having the same or similar provisions or
27 objectives as that ordinance for which the demonstration services were provided.
28
29 VL SEVERABILITY
30 if a court of competent jurisdiction declares any provision of this Agreement or application
31 thereof to any person or circumstances to be invalid or if any provision of this Agreement
32 contravenes any Federal, State, or County statute, ordinance, or regulation, the remaining provisions
33 of this Agreement or the application thereof shall remain valid, in full force and effect, and to that
34 extent the provisions of this Agreement are severable.
35
36 //
37
CTYIPHKKMaster Page 5 of 8
I VII. STATUS OF COUNTY
2 COUNTY shall be wholly responsible for the manner in which it performs the services
3 required of it by the terms of this Agreement. COUNTY is entirely responsible for compensating
4 staff and consultants employed by COUNTY. This Agreement shall not be construed as creating the
5 relationship of employer and employee, or principal and agent, between COUNTY and CITY or any
6 of COUNTY'S employees, agents, or subcontractors. COUNTY assumes exclusively the
7 responsibility for the acts of its employees, agents or subcontractors as they relate to the services to
8 be provided during the course and scope of their employment. COUNTY, its employees, agents, or
9 subcontractors, shall not be entitled to any rights or privileges of CITY employees and shall not be
10 considered in any manner to be CITY employees.
11
12 VIII. TERM
13 A. The term of this Agreement shall commence on July 1, 1996 and shall terminate
14 June 30, 2001, unless otherwise sooner terminated as provided in this Agreement; provided,
15 however, the parties shall be obligated to perform such duties as would normally extend beyond this
16 term, including but not limited to, obligations with respect to indemnification, audits, reporting and
17 accounting.
18 B. In the event of termination of this Agreement, the Health Officer shall have no
19 obligation to enforce any ordinance of CITY.
20
21 IX. TERMINATION
22 A. Either party may terminate this Agreement, without cause, upon sixty (60) days written
23 notice given the other party.
24 B . Either party may terminate this Agreement upon five (5) days written notice given the
25 other, if either party fails to perform any of the terms of this Agreement, provided the allegedly
26 breaching party has been given written notice of the alleged breach, and has failed to cure the alleged
27 breach within thirty (30) days.
28 C. CONTINGENT FUNDING -
29 1. Any obligation of COUNTY under this Agreement is contingent upon the
30 following:
31 a) The continued availability of Federal, State or COUNTY funds for
32 reimbursement of COUNTY'S expenditures, and
33 b) Inclusion of sufficient funding for the services hereunder in the applicable
34 budget approved by the Board of Supervisors.
35 2. In the event such funding is subsequently reduced or terminated, COUNTY may
36 terminate this Agreement, or reduce or eliminate services, upon thirty (30) days written notice given
37 CITY.
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1 D. The rights and remedies of either party provided in this Termination paragraph shall not
2 be exclusive, and are in addition to any other rights and remedies provided by law or under this
3 Agreement.
4
5 X. WAIVER OF DEFAULT OR BREACH
6 Waiver of any default by either party shall not be considered a waiver of any subsequent
7 default. Waiver of any breach by either party of any provision of this Agreement shall not be
8 considered a waiver of any subsequent breach. Waiver of any default or any breach by either party
9 shall not be considered a modification of the terms of this Agreement.
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i
•
IN WITNESS WHEREOF, the parties hereby execute this Agreement, in the County of
Orange, State of California.
CITY OF SGT.
v
BY:
MAYOR
ATTEST:
BY: 3xc c
Y CLERK
APPROVED AS TO FORM:
CITY ATTORNEY.
BY:
1�
COUNTY OF ORANGE
CHAIRMAN OF THE BOARD
OF SUPERVISORS
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD:
DATED: -/0 �/
DATED:
DATED:
DATED:
BY: * E Vw►`w DATED:
KATHLEEN E. GOODNO (',, i .. =
ACTING CLERK OF THE BOARD
OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA
APPROVED AS TO FO
COUNTY QUO SEL
/;.;.
is
BY: y-" Y�
DEPUTY
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DATED: %, 7
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• •
EXHIBIT A
TO AGREEMENT WITH
CITY OF NEWPORT BEACH
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
Charge
City User
Resolution
Ordinance
Food
Title 6, Ch. 6.08
X
( #1593)
Housing (UHC)
6298
Title 15, Ch. 15.03
Mobile Food Preparation
Ch. 6.08 ( #1832)
X
Vehicle
Mobile X -Ray Unit
Ch. 6.15 ( #1332)
X
Motel /Hotel
6298
Title 15, Ch. 15.03
X
Massage Parlor
8801 (fees)
Title 5, Ch. 5.50
X
( #85 -32)
Tattoo Parlor
8801 (fees)
Ch. 6.20 ( #1655)
X
Well Construction
Tide 14, Ch. 14.34
X
( #1587)
CTYI PH KKMaster
Exhibit A
Page I of 1
! 0c,
{
• Council Agenda No.: 7
June 10, 199
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Glen Everroad, Revenue Manager �``
SUBJECT: HEALTH SERVICES AGREEMENT RENEWAL
Background
The City contracts with the County of Orange Health Care Agency for inspection
and enforcement of sanitation ordinances for food and beverage establishments,
mobile food preparation vehicles, mobile x -ray units, well construction,
motels/hotels, massage establishments, tattoo parlors and housing units. Costs for
health services are defrayed through user fees collected by the County directly
from the permittees subject to inspection requirements. Health services fees are
established by Resolution of the Board of Supervisors annually. The existing
Health Services Agreement with the County was approved by Council in May of
1991, and expires on June 30, 1996.
The attached proposed agreement provides, as in previous agreements, that the
County shall enforce City ordinances related to the areas represented in Exhibit A
of the proposed agreement. Also attached is the most recent schedule of user fees
adopted by the County in December of 1995.
Recommendation
Staff reconunends the City Council authorize the execution of the attached Health
Services Agreement with the County of Orange for the period July 1, 1996 through
June 30, 2001
E
I
AGREEMENT FOR PROVISION OF
2
ENVIRONMENTAL HEALTH SERVICES
3
COUNTY OF ORANGE
4
AND
5
CITY OF NEWPORT BEACH
6
7
July 1, 1996 through June 30, 2001
8
9
10
THIS AGREEMENT entered into this 1st day of July 1996, which date is enumerated for
11
purposes of reference only, is by and between the COUNTY OF ORANGE, a political subdivision
12
of the State, (COUNTY) and CITY OF NEWPORT BEACH, a municipal corporation (CITY).
13
14
WITNESSETH:
15
16
WHEREAS, CITY wishes to contract with COUNTY for the provision of Environmental
17
Health
Services described herein pursuant to Health and Safety Code Section 101400 et seq.; and
18
WHEREAS, COUNTY is agreeable to the rendering of such services on the terms and
19
conditions hereinafter set forth:
20
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
21
//
22
//
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//
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//
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//
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//
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0
PARAGRAPH
0
CONTENTS
PAGE
I.
Alteration of Terms ........................... ............................... 3
II.
Indemnification ................................ ............................... 3
III.
Notices ......................................... ............................... 3
IV.
Payments ........................................ ..............................3
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
ExhibitA ................................................ ............................... 1 page
=IPHKKMmter
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1 1. ALTERATION OF TERMS
2 This Agreement fully expresses all understanding of COUNTY and CITY with respect to the
3 subject matter of this Agreement, and shall constitute the total Agreement between the parties for
4 these purposes. No addition to, or alteration of, the terms of this Agreement, whether written or
5 verbal, shall be valid unless made in writing and formally approved and executed by the parties.
6
7 IL INDEMNIFICATION
8 Each party agrees to indemnify and hold harmless the other party, its officers, agents and
9 employees from all liability, claims, losses and demands, including defense costs, whether resulting
10 from court action or otherwise, arising out of the acts or omissions of the indemnifying party, its
11 officers, agents or employees, or the condition of property used in the performance of this
12 Agreement. Each party agrees to provide the indemnifying party with written notification of any
13 claim within thirty (30) days of notice thereof, to allow the indemnifying party control over the
14 defense and settlement of the claim, and to cooperate with the indemnifying party in its defense.
15
16 III. NOTICES
17 A. Unless otherwise specified, all notices, claims, correspondence, reports and/or
18 authorized or required by this Agreement shall be effective when written and deposited in the United
19 States mail, first class postage prepaid and addressed as follows:
20 CITY: City Manager
21 P.O. Box 1768
22 3300 Newport Boulevard
Newport Beach, CA 92658 -8915
23
24 COUNTY: Health Officer
�5 County of Orange
Health Care Agency
26 515 N. Sycamore, 6th Floor
27 Santa Ana, CA 92701
28 B. Termination Notices shall be effective when written and deposited in the United
29 States mail, certified, return receipt requested, and addressed as specified in subparagraph A. above.
30 C. For the purposes of this Agreement, any notice to be provided by COUNTY may be
31 given by Health Officer.
32
33 IV. PAYMENTS
34 A. In consideration of the services provided hereunder, including demonstration
35 services, CITY agrees to pay COUNTY the fees or rates adopted by the Orange County Board of
36 Supervisors in effect at the time that such services were rendered. It is understood by the parties that
37 H
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1 such fees and rates are only for the purpose of meeting COUNTY'S cost associated with providing
2 the services.
3 1. COUNTY shall bill CITY for such services and payment to COUNTY should
4 be released by CITY no later than thirty (30) days after receipt of the billing form. Failure of CITY
5 to reimburse COUNTY may be considered a breach of the terms of this Agreement and may result in
6 termination of this Agreement.
7 2. COUNTY shall give CITY at least sixty (60) days notice of any change in
8 fees or rates to be adopted by the Orange County Board of Supervisors.
9 B. CITY may include, in the adoption of its ordinances, the requirement that COUNTY
10 fees or rates be paid directly by the facility or business (User) requiring the services in order to begin
I 1 or continue operation, in lieu of CITY.
12 1 . In cases where User is to pay the fee or rate directly to COUNTY, CITY shall
13 specify in its ordinances that such fees or rates shall be those adopted by the Orange County Board
14 of Supervisors in effect at the time that such services were rendered.
15 2. COUNTY shall bill User for services provided pursuant to CITY ordinances
16 or resolutions. CITY shall not be responsible for failure of User to reimburse COUNTY.
17 3. COUNTY agrees that collection of such fees or rates shall be accepted as full
18 payment for services rendered in lieu of charges that would otherwise be payable by CITY under the
19 provisions of this Agreement.
20 C. All fees or rates collected by COUNTY from CITY, or Users pursuant to CITY
21 ordinances or resolutions, shall be paid to and deposited in the County Treasury and become
22 property of COUNTY.
23
24 V. SERVICES
25 A. CITY shall designate the Health Officer as the Health Officer of CITY pursuant to
26 Health and Safety Code Section 101460. "Health Officer" means the Health Officer, or designee, of
27 the County of Orange designated by the Orange County Board of Supervisors. CITY agrees that the
28 Health Officer, or designee, shall have all the powers and authority associated with the position of
29 Health Officer within CITY and shall, at no cost to COUNTY, have access to any and all information
30 and records as well as assistance from officers and employees of CITY necessary to perform the
31 services to be provided pursuant to this Agreement.
32 B. The Health Officer shall perform all environmental health services related to the
33 enforcement of CITY ordinances as specified in Exhibit A to this Agreement. Exhibit A to this
34 Agreement may be amended, by CITY or COUNTY, to reflect any additions or deletions of CITY
35 ordinances to be enforced by the Health Officer.
36
37
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1 1 . "Enforcement" means the actions required in order to verify and maintain
2 compliance or conformance of a facility or business to the ordinances established by CITY in
3 response to Federal, State, County or local rules and regulations. These actions may include, but not
4 be limited to, one or more inspections of a facility or business; written evaluation of the findings;
5 approval or permit issuance, suspension, or revocation as appropriate; and review of any follow -up
6 action as required.
7 2. It is agreed that nothing in this Agreement shall be construed as binding CITY
8 to demand of COUNTY, or as requiring COUNTY to perform, any particular number of inspections
9 or visits. At the Health Officers sole discretion, services under this Agreement may be denied to
10 CITY if the Health Officer determines that appropriate personnel or other resources are unavailable or
11 the Health Officer does not have legal capacity to act.
12 3. COUNTY shall furnish all necessary labor, supervision, equipment,
13 communication services, facilities, and supplies necessary to perform the level of services to be
14 provided.
15 4. The Health Officer shall not enforce any building code, electrical code, or
16 plumbing code; and shall not enforce any vector control functions assumed by the Orange County
17 Vector Control District for which these functions are provided pursuant to an agreement with
18 COUNTY dated December 17, 1974.
19 C. DEMONSTRATION PROJECTS - CITY may request, and the Health Officer may
20 provide, assistance or a limited demonstration of specific environmental health services which would
21 be applicable to a newly proposed ordinance under consideration of CITY. Such demonstration may
22 be under real or simulated circumstances to aid CITY in defining the manner in which the proposed
23 ordinance enforcement would be provided. It is agreed by the parties that demonstration projects for
24 a specific ordinance shall only be provided once, and shall not exceed twenty -four (24) direct labor
25 hours of the Health Officer. It is further agreed by the parties that demonstration services shall not
26 be provided for any other ordinance, existing or proposed, having the same or similar provisions or
27 objectives as that ordinance for which the demonstration services were provided.
28
29 VL SEVERABILITY
30 If a court of competent jurisdiction declares any provision of this Agreement or application
31 thereof to any person or circumstances to be invalid or if any provision of this Agreement
32 contravenes any Federal, State, or County statute, ordinance, or regulation, the remaining provisions
33 of this Agreement or the application thereof shall remain valid, in full force and effect, and to that
34 extent the provisions of this Agreement are severable.
35
36
37
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1 VII. STATUS OF COUNTY
2 COUNTY shall be wholly responsible for the manner in which it performs the services
3 required of it by the terms of this Agreement. COUNTY is entirely responsible for compensating
4 staff and consultants employed by COUNTY. This Agreement shall not be construed as creating the
5 relationship of employer and employee, or principal and agent, between COUNTY and CITY or any
6 of COUNTY'S employees, agents, or subcontractors. COUNTY assumes exclusively the
7 responsibility for the acts of its employees, agents or subcontractors as they relate to the services to
8 be provided during the course and scope of their employment. COUNTY, its employees, agents, or
9 subcontractors, shall not be entitled to any rights or privileges of CITY employees and shall not be
10 considered in any manner to be CITY employees.
11
12 VIII. TERM
13 A. The term of this Agreement shall commence on July 1, 1996 and shall terminate
14 June 30, 2001, unless otherwise sooner terminated as provided in this Agreement; provided,
15 however, the parties shall be obligated to perform such duties as would normally extend beyond this
16 term, including but not limited to, obligations with respect to indemnification, audits, reporting and
17 accounting.
18 B. In the event of termination of this Agreement, the Health Officer shall have no
19 obligation to enforce any ordinance of CITY.
20
21 IX. TERMINATION
22 A. Either party may terminate this Agreement, without cause, upon sixty (60) days written
23 notice given the other party.
24 B . Either party may terminate this Agreement upon five (5) days written notice given the
25 other, if either party fails to perform any of the terms of this Agreement, provided the allegedly
26 breaching party has been given written notice of the alleged breach, and has failed to cure the alleged
27 breach within thirty (30) days.
28 C. CONTINGENT FUNDING -
29 1. Any obligation of COUNTY under this Agreement is contingent upon the
30 following:
31 a) The continued availability of Federal, State or COUNTY funds for
32 reimbursement of COUNTY'S expenditures, and
33 b) Inclusion of sufficient funding for the services hereunder in the applicable
34 budget approved by the Board of Supervisors.
35 2. In the event such funding is subsequently reduced or terminated, COUNTY may
36 terminate this Agreement, or reduce or eliminate services, upon thirty (30) days written notice given
37 CITY.
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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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0 0
IN WITNESS WHEREOF, the parties hereby execute this Agreement, in the County of
Orange, State of California.
CITY OF ��4
BY: V
MAYOR
ATTEST:
BY
( CLERK
APPROVED AS TO FORM:
CITY ATTORNE
BY:
•A�
O A-NGE
CHAIRMAN OF THE BOARD
OF SUPERVISORS
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD:
BY: 1 4 E C7v v*w
KATHLEEN E. GOODNO t� aaAt 3 11C I�
ACTING CLERK OF THE BOARD
OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA
P
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ILI
CTYIPHKKMaster
Page 8 of 8
DATED: -Lo - 21 !�
DATED: (O -/O - y
DATED: 6 -/4 - 9(-
rJUL 18 1996
� • pt
DATED: JUL 1 8
DATED: .7/1 7 b
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EXIIIBIT A
TO AGREEMENT WITH
CITY OF NEWPORT BEACH
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
Charge
City User
Resolution
Ordinance
Food
Title 6, Ch. 6.08
X
( #1593)
Housing (UHC)
6298
Title 15, Ch. 15.03
Mobile Food Preparation
Ch. 6.08 ( #1832)
X
Vehicle
Mobile X -Ray Unit
Ch. 6.15 ( #1332)
X
MoteUHotel
6298
Title 15, Ch. 15.03
X
Massage Parlor
8801 (fees)
Title 5, Ch. 5.50
X
( #85 -32)
Tattoo Parlor
8801 (fees)
Ch. 6.20 ( #1655)
X
Well Construction
Title 14, Ch. 14.34
X
( #1587)
CTYIPHKKMaster Page 1 of 1
Exhibit A
CITY OF NEWPORT BEACH
OFFICE OFT HE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: November 7, 1991
SUBJECT: Contract No. C -1802
(714) 644 -3005
Description of Contract Health Services Agreement
Effective date of Contract July 1 , 1991
Authorized by Minute Action, approved on May 28 1991
Contract with Health Officer
Address
515 N Sycamore Santa Ana CA 92702
Amount of Contract (See Agreement)
6e x�et
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
•
•
0
May 28, 1991
TO: MAYOR AND CITY COUNCIL MEMBERS
0
AGENDA NO. F -3(f)
FROM: Glen Everroad, License Supervisor
SUBJECT: HEALTH SERVICES AGREEMENT RENEWAL
(' / J�
Background
The Orange County Health Care Agency provides local health
inspection and enforcement of sanitation ordinances for food and
beverage establishments, mobile food preparation vehicles, mobile
x -ray units, well construction, pools, motel /hotel, massage and
permanent cosmetic facilities. Costs for health services are
defrayed by user fees collected by the County, with no direct cost
to the City. User fees are collected directly by the County.
The current Health Services Agreement was approved by Council on
July 14, 1986, and expires June 30, 1991. The proposed agreement
with the Orange County Health Care Agency would provide for
continued health services to be provided at no direct cost to the
City through June 30, 1996. The average inspection fee would
increase an average of eight percent (8 %) (see listing attached) .
Recommendation
The License Division recommends the City Council authorize the
execution of the attached Health Services Agreement with the Orange
County Health Care Agency for the period July 1, 1991 through June
30, 1996.
Glen Everroad
License Supervisor
attachments
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HEALTH SERVICES AGREEMENT
THIS AGREEMENT, is made and entered into this day 1 of July, 1991, which date
is enumerated for purposes of reference only, 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 ".
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 pursuant to Health and Safety Coda 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 Distract under an agreement with COUNTY dated December 17, 1974.
3. COUNTY will provide the services described in paragraph 2 at no cost to
the CITY.
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 4630 et seq. Upon the written request of the City
Official designated by CITY to make such a request, and the written approval of
the Health Officer, Exhibit A may be amended to reflect current City ordinances
to be enforced by the Health Officer.
0
0
1:' Notwithstanding the foregoing, the Health Officer shall not enforce any
2 building code, electrical code, or plumbing code; and shall not perform the
I
3; vector control functions assumed by the Orange County Vector Control District
4.! under an agreement with COUNTY dated December 17, 1974.
5'i 5. If CITY is considering adopting an ordinance and requesting its
6i' enforcement by the Health Officer, the Health Officer may, subject to the
7 provisions of paragraph 11, provide assistance or a limited demonstration of
8 specific environmental health services to aid CITY in defining the manner in
911 which the proposed ordinance enforcement would be provided upon the request of
i
10. authorized CITY personnel and upon presentation by the CITY that (a) CITY wishes
ll in good faith to secure a demonstration, under real or simulated conditions of
12 . the manner in which an ordinance would be enforced; (b) CITY desires to adopt the
131 ordinance in question and wishes the demonstration to assist in its
14, deliberations; and (c) CITY will pay COUNTY a rate specified pursuant to
15!1 paragraph 7, provided, however, that such demonstration services will only be
16. provided one time for not to exceed twenty -four (24) direct labor hours and shall
17 not be provided thereafter for any other ordinance having the same or similar
18. provisions or objectives nor shall such services be provided for ordinances
19'I having the same or similar provisions or objectives as ordinances which have been
20 included in Exhibit A.
�i
21:1 C. The Health Officer will provide services pursuant to paragraph 4 only
22, when a request therefore is made by the CITY official designated to make such
231 request. Such official shall be designated by CITY for each ordinance, and the
241 Health Officer shall be notified in writing of such designation. The manner and
25 extent to which services are provided. in response to such request shall be
26 I determined by the Health Officer as provided in paragraph 12.
'
27
281 -2-
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j 7. In consideration of the services provided hereunder, CITY agrees to pay
i
2 to COUNTY such sums of money as may be specified by COUNTY by written notice to
3 CITY; provided, however, CITY may decline to make such payment at the rates
4 specified by COUNTY by giving thirty (30) clay written notice of such declination
5 to COUNTY within thirty (30) day after the rates are established by COUNTY. In
6 the event CITY gives such notice, COUNTY may terminate services under this
7 Agreement on thirty (30) day written notice to CITY.
8 8. The CITY and the Health Officer may, by mutual written agreement, make
9 4 additions to or deletions from the list of services which the Health Officer is
10 j to perform under this Agreement. In addition, CITY or the Health Officer may
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terminate the Health Officer's services hereunder as to any service performed by
the Health Officer, by giving the other party at least sixty (60) day written
notice of such termination.
9. 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 fees 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 this Agreement. Health Officer shall give CITY
at least sixty (60) day 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.
—3—
0
r�
1 In addition, the
collection of
such fees by
the Health Officer shall be
2 discontinued in the
event either CITY
or the Health
Officer gives at least
sixty
3. (60) day written
notice thereof.
Thereafter, COUNTY
shall resume billing
at the
4 rate established pursuant to paragraph 7 of this Agreement.
5 10. All permit fees, inspection fees, license fees, other fees and sums
6 1 collected by the Health Officer pursuant to CITY ordinances or resolutions shall
7 be paid to and deposited in the County Treasury and become the property of the
8 COUNTY.
9 11. The CITY agrees that the Health Officer of the County of Orange, his
1V deputies, employees, and assistants shall have the powers of City Health Officer
11 I within CITY, access to information aad records, and assistance from officers and
12,1 employees of CITY. Any office space, desk space, and telephone service provided
131 to Health Officer by CITY shall be provided at no cost to the COUNTY.
14 12. The COUNTY shall furnish all necessary labor, supervision, equipment,
15 -1 communication facilities, and supplies necessary to perform the level of services
161; to be provided hereunder. It is agreed that nothing contained in this Agreement
17 1 should be construed to bind the CITY to demand of the COUNTY or to require the
18! COUNTY to furnish any particular number of inspections or visits. Health Officer
191 may deny services to CITY under this Agreement if, in his or her sole discretion,
20i he or she determines that appropriate personnel or other resources are
2111 unavailable or the Health Officer does not have the legal capacity to act.
2211 13. Unless the persons or addresses are otherwise identified by notice given
231 in the manner specified by this paragraph, all notices authorized or required by
241 this Agreement shall be deemed effective when they are reduced to writing and
25i deposited in the United States mail, postage prepaid, and addressed as follows:
26
27
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28111 -4-
11
0
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1.! a. To CITY: City Manager
City of Newport Beach
2 3300 Newport Blvd.
P.O. Box 1768
3 Newport Beach, CA. 92663
411
b. To COUNTY: Health Officer
5, County of Orange
P.O. Box 355
6 I 515 N. Sycamore
Santa Ana, C.A. 92702
7
8 1111
:I
91I 14. CITY shall not be called upon to assume any liability for the direct
l
10111 payment of any salaries, wages or other compensation to any COUNTY personnel
11 I performing services hereunder or any liability other than that provided for by
12 this Agreement. Except as herein otherwise specified, CITY shall not be .liable
13 for compensation or indemnity to any COUNTY employees for any injury or sickness
14 arising out of his employment.
15 15. Neither party hereto shall be liable for, and each party shall
16; indemnify, defend and hold harmless the other party and its respective directors,
17i officers, employees and agents, from and against any and all claims, losses,
1811i disputes and other liability or expense, including reasonable attorney's fees,
19p court costs and necessary disbursements, for any damage whatsoever, including but
20 1II
l� not limited to, bodily injury, death or injury to property, proximately resulting
2111 from any act or omission of the other party, its officers, employees, agents or
22' contractors in the performance of this Agreement. As a condition to the
23;1 foregoing, each party agrees to provide the indemnifying party with written
i
24 notification of any claim within thirty (30) days of the notice thereof, to allow
'I
25 {� the indemnifying party control over the defense and settlement of the claim, and
�I
2611 to cooperate with the indemnifying party in its defense.
I
27 1j
28
1: 16. This Agreement shall commence on .July 1, 1991 and shall continue in
2 effect until June 30, 1996, provided that either party may terminate this
3. Agreement effective June 30 of any year by giving at least sixty (60) day written
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notice, or may terminate this Agreement as otherwise provided by this Agreement.
In the 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 Agreement.
DATED:
DATED:
DATED: /a: ^�
COUNTY GE a!
B �'
Chairman, Board of Super v rs
SIGNED AND CERTIFIED THAT A FY OF
THIS DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD.
LINDA D. RUTH
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FOR,/ /
ADRIAN KU�PEk, COWTY.G�OUNSEL
BY:
b e y
CITY OF NEWPORT BEACH
A munici al corporation
DATED: 3I ���_ BY:
Mayor
ATTEST:
DATED: 3�19� BY:
City Clerk
APPROVED AS-I0 FORM:
CITY ATTORNEYS "
DATED: 0� -01 " I BY:
City-
:r A
4
r
EXHIBIT A
to
HEALTH SERVICES AGREEMENT
between
CITY OF NEWPORT 13EACH
and
COUNTY OF ORANGE
The Health Officer will provide services hereunder relating to the following ordinances of CITY:
Type of
Activity
Enabling Resolution/Ordinance
Charge
to City
User
Fee
Resolution Ordinance
Food
Ch. 6.08 ( #1593)
X
Housing (UHC)
6298
Ch. 15.03
Mobile Food
Ch. 6.08 ( #1832)
X
Preparation Vehicle
Mobile X -Ray Unit
Ch. 6.15 ( #1332)
X
MotellHotel
6298
Ch. 15.03
X
Massage Parlor
8801 (fees)
Ch. 5.50 ( #85 -32)
X
Tattoo Parlor
8801 (fees)
Ch. 6.20 ( #1655)
X
Well Construction
Ch. 14.34 ( #1587)
X
'17191
101 twp
f
• BOARD OF SUPERVIS00
ORANGE COUNTY, CALIFORNIA MINUTES September 10, 1991
MASTER AGREEMENT WITH CITIES FOR HEALTH SERVICES: Health Care Agency
requests approval of the master agreement to provide health services.
MOTION: On motion by Supervisor Riley, seconded by Supervisor Stanton,
the Board moved to: 1. Approve the Master Agreement with cities for
health services. 2. Authorize execution of Agreements with the
participating cities. MOTION UNANIMOUSLY CARRIED.
V
9
CITY OF NEWPORT BEACH
OFFICE, OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(7 14) 644 -3005
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: September 26, 1986
SUBJECT: Contract No. C -1802
Description of Contract
Agreement
First Amendment to Health Services
Effective date of Contract July 16, 1986
Authorized by Minute Action, approved on July 14, 1986
Contract with County of Orange
Address Health Care Agency -
515 N. Sycamore
Santa Ana, CA 92701
Amount of Contract (See Agreement)
&� z� it ?,'Zet
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
0
•
•
M
E
COUNCIL AGENDA NO. F -2(h)'
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
July 14, 1986
TO: MAYOR AND CITY COUNCIL
FROM: City Manager
�:? ifYe: 4!!i Ut1JiRCli.
E lii 0; NEWPORT SEA %a
JUL 14 1966
APPROVED
(.(�_it'
SUBJECT: FIRST AMENDMENT TO HEALTH SERVICES AGREEMENT
As members of the City Council realize, the
Orange County Health Department performs all required
health inspections for the City. For this service, the
Health Department charges a user fee to reimburse the
County for their inspection expenses. This proposed
amendment modifies the basic agreement to be consistent
with latest State requirements and County policy.
Inasmuch as the County funds the services per-
formed in the City of Newport Beach by a user fee, there
will be no direct cost to the City for their services.
Therefore, there is no impact upon the City's budget.
Currently, they are performing inspections as authorized
by the basic agreement in food establishments, mobile
food breparation vehicles, mobile X -ray units, well con-
struction, hotel /motel, and massage parlors.
ROBERT L. WYNN
RESOLUTION NO. 86 -65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH APPROVING, AND AUTHORIZING
THE MAYOR TU SIGN, THE FIRST AGENEMENT TO THE
HEALTH SERVICES AGREEMENT BETWEEN THE COUNTY
OF ORANGE AND CITY OF NEWPORT BEACH
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 410 of the H --Alth & 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 of July-1'4986.
" 7
Mayor
ATTEST:
C ty Clerk
on
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FIRST AMENDMENT TO
HEALTH SERVICES AGREEMENT
THIS FIRST AMENDMENT, is made and entered into this
of /l..t: {:� 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 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
Draft 3 5 -20 -86
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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:
117. 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
Draft 3 5 -20 -86
2.
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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:
119.
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
I
1'
services rendered in lieu of the charges that would otherwise be
2
payable by the CITY under the provisions of this Agreement. Health
3
Officer shall give CITY at least sixty (60) days' notice of any change
4l
in such fees required to reimburse COUNTY for its cost. If such
5
changes are not made by CITY prior to the effective date of such
6
notice, COUNTY shall resume billings to CITY at the rates established
7�
pursuant to paragraph 7 of this Agreement. In addition, the collec-
8f
tion of such fees by the Health Officer shall be discontinued in the
9�I
event either CITY or the Health Officer gives at least sixty (60)
l0il
days' notice thereof. Thereafter, COUNTY shall resume billing at the
11
rate specified pursuant to paragraph 7 of this Agreement."
II
12
9. The last sentence of paragraph 14 of the Agreement is
13 II:
amended to read as follows:
ii
1411
"Health Officer may deny services to CITY under this Agreement
15I
in his or her sole discretion, he or she determines that appropri-
V°
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16
I+ ate personnel or other resources are unavailable or the Health Officer
00
17I�,
does not have the legal capacity to act."
i
IB
10. With respect to paragraph 15 of the Agreement, the address
19
for notices to COUNTY shall be as follows:
20
"Health Officer
21!
County of Orange
22
I 515 N. Sycamore
23
Santa Ana, CA 92701"
24I
11. Paragraph 16 of the Agreement is amended to read as follows:
N
25
This Agreement shall commence on July 1, 1981, and shall contin-
0
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I ue in effect until June 30, 1991, provided that either party may
N
E
27
terminate this Agreement effective June 30 of any year by giving at
®
28
R14/113 4•
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Draft 3 5 -20 -86
I�
2
3
4,
5
6
7
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9�I
10 1
11
12
13 1
14 j
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16
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op 17
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4
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
Chairman, Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DE-
LIVERED TO THE CHAIRMAN OF THE
BOARD:
f 0 14
LINDA D. ROBERTS gp 18 ING
Clerk of the Board of S er-
visors of the County of Orange,
California
APPROVED AS TO FORM:
ADRIAN,EUYPP�ER, COUNTY COUNSEL
By
Stef n H. Weiss, Deputy
R14/113
Draft 3 5 -20 -86
CITY OF
By
Mayor
i
ATTEST:
i - r
By
r ,
C
APPROVED AS TO FORM:
By
City Attorney
5.
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EXHIBIT A
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 ;
Enabling Ordinance /Resolution. Charge
;User
Activity- ;
Resolution
;
Ordinance
To City
;Fee
-----------------------------------------------------------------------
Food ;
Ch.
6.08
(111593) 1
X
'
Mobile Food
; Ch.
6.08
(111832) 1
1 X
Preparation Vehicle;
;
1
Housing (UHC) ;
6298
1 Ch.
15.06
1
1
Mobile X -Ray Unit ;
; Ch.
6.15
(111332)
1 X
Well Construction ;
; Ch.
14-34
(111587) 1
1 X
Motel /Hotel
6298
; Ch.
15.06
;
1
Massage Parlor ;
8801 (fees)
;.Ch.
5.50
(1185 -32) 1
1 X
Tattoo Parlor ;
8801 (fees)
; Ch.
6.20
(111655) ;
; X
M 0
CITE' OF NEWPORT BEACH
July 17, 1986
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Mr. James Huston
County of Orange
HCA /Environmental Health
P.O. Box 355
Santa Ana, CA 92702
Dear Mr. Huston:
(714) 644 -3005
As requested by L. Rex Ehling, M.D., Health Officer, enclosed are
four copies of the First Amendment to Health Services Agreement
and a copy of Resolution No. 86 -65, which approved the Amendment.
Following approval by the Board of Supervisors, please return one
copy to this office for our files.
Sincerely,
Wanda E. Raggio
City Clerk
WER:pm
Enclosure(s)
3300 Newport Boulevard. Newport Beach
f q OUNT1OF 10 R^r -JC=
✓ HEALTH CARE AGENCY
PUBLIC HEALTH AND MEDICAL SERVICES
515 N. SYCAMORE
SANTA ANA, CALIFORNIA 92701
(714) 934.3155
June 30, 1986
Mr. Robert L. Wynn
City Manager
City of Newport Beach
3300 Newport Beach
Newport Beach, CA 92663
Dear Mr. Wynn:
TOM URAM
DIRECTOR
L. REX EHLING, M.D.
HEALTH OFFICER
The Health Services Agreement between, your City and the County
for the enforcement of City health and sanitation ordinances
expires June 30, 1986. On June 24, 1986 the Board of Supervisors
authorized the Health Care Agency to negotiate a five year
extension of that Agreement.
Enclosed are four unsigned copies of an Amendment which extends
the term of the Health Services Agreement to June 30, 1991. The
Amendment also makes a number of other minor charges to the
Agreement. For example, Exhibit B which lists the hourly rates
charged by the County for various services is eliminated, and the
minimum monthly charge for the enforcement of an ordinance is
increased from $25 to $30.
Please review the Amendment and direct any questions to Mr. James
Huston, Assistant Director of Environmental Health at 834 -6759.
If the Amendment is satisfactory, please execute all four copies
and return them to: Mr. James Huston
County of Orange
HCA /Environmental Health
P.O. Box 355
Santa Ana, CA 92702
Please include a copy of your City Council's action approving the
Amendment. We will then submit the four copies to the Clerk of
the Board for execution by the County and send you a fully
executed copy.for your records.
Respectfully,
L. R -ekl Ehlirg, M.D.
Health Officer
LRE:
Enclosures
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
I
February 2, 1982
L. Rex Ehling, M.D.
County Health Officer
515 N. Sycamore Street
Santa Ana, CA 92701
Dear Dr. Ehling:
On October 15, 1981 this office sent you two copies of the Health Services
Agreement between the City of Newport Beach and the County of Orange.
To date, we have not received an executed copy from you. Please have one
copy signed and returned to the City Clerk's office of Newport Beach for
inclusion in our files. If there is a problem or if you have any questions,
please do not hesitate to contact me.
Sincerely,
Wanda E. Andersen
City Clerk
WEA:lr
I
("HY ffall • 3300 Ne%%port Boulevard, Newport Beach, California 92663 -3884
P.O. Box 1768
i 0
October 15, 1981
CITY OF NEWPORT BEACH
L. Rex Ehling, M.D.
County Health Officer
515 N. Sycamore Street
Santa Ana, CA 92701
Dear Dr. Ehling:
OFFICE OF THE CITY CLERK
(714) 640 -2251
Enclosed are two copies of the Health Services Agreement
between the City of Newport Beach and the County of Orange.
Also enclosed is Resolution No. 11067 adopted October 13,
1981, authorizing this Agreement.
Please execute and return one of the copies of the Health
Services Agreement for our records to the City Clerk of
Newport Beach,
Thank you for your attention.
Sincerely,
Wanda E. Andersen
City Clerk
WEA:lr
attach.
('ity- Hall • 3300 Newport Boulevard, '\'c\%-{)or( Beach, C dilornia 92663
,4 S c> u N-r Y (:> i= FRAI. C N E Larry M. Leaman
(D DIRECTOR
�=47
3 SARA WALKER
HUMAN SERVICES AGENCY A IRECTOR
A
ADMINISTRATIVE SERVICES
515 N. SYCAMORE
SANTA ANA, CALIFORNIA 92701
(7 14) 834 -5279
1982
February 3, 1982
TO: City Clerk's Office
Enclosed is the City's copy of the five-year City-County Health Services
Agreement recently executed by the County Board of Supervisors. Please
retain this document as a reference to environmental health services
provided by the county.
Thank you.
Very truly yours,
Robert J. Chaparro
Administrative Analyst
Rk:mj
MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
January 5, 1982
IN RE: HEALTH SERVICES AGREEMENTS CITIES OF NEWPORT BEACH,
PLACENTIA, SANTA ANA, SAN CLEMENTE, SA34 JUAN CAPISTRANO AND
TUSTIN
On motion of Supervisor Wieder, duly seconded and unanimously
carried, the Clerk of the Board, on behalf of the Board of Supervisors,
is authorized to execute the Health Services Agreements, dated January 5,
1982, between the County of Orange and the Cities of Newport Beach,
Placentia, Santa Ana, San Clemente, San Juan Capistrano and Tustin.
IN RE: CONTRACT HOUSING AND COMMUNITY DEVELOPMENT
NEIGHBORHOOD HOUSING REHABILITATION CITY OF SAP: CLEMENTE
On motion of Supervisor Wieder, duly seconded and unanimously
carried, the Clerk of the Board, on behalf of the Board of Supervisors,
is authorized to execute Housing and Community Development Contract No.
C26587, dated January 5, 1982, between the County of Orange and the City
of San Clemente for Neighborhood Housing Rehabilitation - Rehabilitation
of Private Properties (Fll.3).
IN RE: CONTRACT HOUSING AND COMMUNITY DEVELOPMENT
i NEIGHBORHOOD HOUSING REHABILITATION CITY OF LA HABRA
On motion of Supervisor Wieder, duly seconded and unanimously
i
carried, the Clerk of the Board, on behalf of the Board of Supervisors,
is authorized to execute Housing and Community Development Contract No.
C26610', dated January 5, 1982, between the County of Orange and the City
of La Habra £or Neighborhood Housing Rehabilitation - Rehabilitation of
Private Properties (G6.1).
,i._v L01 , 2.3 (1 2/76)
la
li H E A L T H S E R V I C E S A G R E E M E N T
- - - - -- -- - - - - -- --- - - - - --
21
3i THIS AGREEMENT, made and entered into this 1st day of July, 1981,
4 which date is enumerated for purposes of reference, between the COUNTY OF
5 ORANGE, a political subdivision of the State of California, hereinafter
6 referred to as "COUNTY ", and the CITY OF Newport Beach, a municipal
7 corporation situated in the County of Orange, hereinafter referred to
it
8 `I as "CITY."
91
10 WITNESSETH:
11 I WHEREAS, the parties hereto desire to enter into a contract whereby
i
12 the COUNTY shall perform certain functions relating to the public health
13 il within CITY;
�i
14 li NOW, THEREFORE, it is mutually agreed as follows:
1
15 1. As used herein, the term "Health Officer" shall mean the Health
16 11 Officer of the County of Orange or any other officer or employee of the
17
� County of Orange designated by the Board of Supervisors.
18
2. CITY hereby designates the Health Officer as the Health Officer
19 9 of the CITY. The Health Officer, his deputies, employees, and other
20 '
assistants shall enforce and observe in CITY all statutes relating to
21'
public health; all orders, quarantine regulations, and rules prescribed
22
by the State Department of Health; and other rules and regulations
231, issued under the provisions of the Health and Safety Code; provided
24 li
that the Health Officer shall not enforce any building code, electrical
25 l�code, or plumbing code; shall not perform any animal or rabies control
26
function; and shall not perform the rat or vector control functions
27
assumed by the Orange County Vector District under an agreement with
1 COUNTY dated December 17, 1974.
II 1 of 9
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2li no cost to the CITY.
I
31 4. The Health Officer, his deputies, employees, and other assistants
1
4I shall perform all functions relating to the enforcement in CITY of the
51 ordinances of said CITY listed in Exhibit A hereto, the making of all
I
6 inspections, and the performance of all functions in connection therewith;
7 provided that the Health Officer shall not enforce any building code,
8I!j electrical code, or plumbing code; shall not perform any animal or
i
9 I rabies control function; and shall not perform the rat or vector control
10 •I functions assumed by the Orange County Vector Control District under an
11 agreement with COUNTY dated December 17, 1974.
I
12 I 5. If the City is considering adopting an ordinance and requesting
I
13 ! its enforcement by the Health Officer, the Health Officer may, subject to
14 li the provisions of Paragraph 13, provide counsel, assistance, or a limited
I
15 'I demonstration of specific environmental health services to aid the CITY in
16 �� defining the manner in which the proposed ordinance enforcement would be
17 i provided upon the request of authorized CITY personnel and upon representa-
I
18 II tion by the CITY that (a) the City wishes in good faith to secure a
I I
19 I demonstration, under real or simulated conditions of the manner in which
20 '
an ordinance would be enforced; (b) the City desires to adopt the ordinance
2�
'`i in question and wishes the demonstration to assist it in its deliberations;
22 II and (c) the CITY will pay the COUNTY the appropriate hourly rate specified
23 I in Exhibit B of this Agreement, provided, however, that such demonstration
24
services will only be provided one time for not to exceed 24 direct labor
i
25 �I hours and shall not be provided thereafter for any other ordinance having
26 I the same or similar provisions or objectives nor shall such services
27 be provided for ordinances having the same or similar provisions or
L8 objectives as ordinances which have been included in Exhibit A of
I,
2 of 9
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3. COUNTY will
provide the
services described
in paragraph 2 at
2li no cost to the CITY.
I
31 4. The Health Officer, his deputies, employees, and other assistants
1
4I shall perform all functions relating to the enforcement in CITY of the
51 ordinances of said CITY listed in Exhibit A hereto, the making of all
I
6 inspections, and the performance of all functions in connection therewith;
7 provided that the Health Officer shall not enforce any building code,
8I!j electrical code, or plumbing code; shall not perform any animal or
i
9 I rabies control function; and shall not perform the rat or vector control
10 •I functions assumed by the Orange County Vector Control District under an
11 agreement with COUNTY dated December 17, 1974.
I
12 I 5. If the City is considering adopting an ordinance and requesting
I
13 ! its enforcement by the Health Officer, the Health Officer may, subject to
14 li the provisions of Paragraph 13, provide counsel, assistance, or a limited
I
15 'I demonstration of specific environmental health services to aid the CITY in
16 �� defining the manner in which the proposed ordinance enforcement would be
17 i provided upon the request of authorized CITY personnel and upon representa-
I
18 II tion by the CITY that (a) the City wishes in good faith to secure a
I I
19 I demonstration, under real or simulated conditions of the manner in which
20 '
an ordinance would be enforced; (b) the City desires to adopt the ordinance
2�
'`i in question and wishes the demonstration to assist it in its deliberations;
22 II and (c) the CITY will pay the COUNTY the appropriate hourly rate specified
23 I in Exhibit B of this Agreement, provided, however, that such demonstration
24
services will only be provided one time for not to exceed 24 direct labor
i
25 �I hours and shall not be provided thereafter for any other ordinance having
26 I the same or similar provisions or objectives nor shall such services
27 be provided for ordinances having the same or similar provisions or
L8 objectives as ordinances which have been included in Exhibit A of
I,
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16
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18
19
20
21
2e"
2Z
24
2E
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27
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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 therefore 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 COUNTY 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
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County Auditor — Controller; and department indirect expense. To
21
determine the rate for a program, the total estimated program cost
3I
shall be divided by the number of estimated available direct labor
4I
hours planned to be assigned to the program during the following
5
fiscal year.
I
6
9. The CITY and the Health Officer may by mutual written agreement
7 I
make additions to or deletions from the list of ordinances for which
$
the Health Officer is to provide enforcement and related services. In
i
9 I
addition, CITY or the Health Officer may terminate the Health Officer's
10
services hereunder on any city ordinance by giving the other party at
11
i
least sixty (60) days written notice.
12 �i
10. COUNTY will maintain time records for services provided on
13
each ordinance. For each ordinance, specified in Exhibit A, there shall
14 ,i
be a minimum charge of $25.00 per month. Direct labor hours spent in
15 I'
II
providing services hereunder shall be billed to CITY at the rates
16 I�
specified in Exhibit B. Periods of less than one hour shall be rounded
17
to the nearest tenth of an hour. All charges shall be billed monthly
18
in arrears. CITY shall pay such billings within 30 days of the billing
19
date.
20
11. CITY may adopt ordinances providing for the payment of fees
2y
to the Health Officer as reimbursement for public health and sanitation
22 II
services under such ordinance. In such cases, when the Health Officer
23 j
�
has agreed in writing to collect such fees and has agreed that such
24
II
fees are sufficient to reimburse the COUNTY for the estimated cost of
25��
services to be provided in relation to such an ordinance, collection of
26
such fee by the Health Officer shall be accepted as full payment for
27
services rendered in lieu of the charges that would otherwise be payable
28
by the CITY under the provisions of paragraphs 7 through 10 hereof.
4 of 9
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1 1 Health Officer shall give CITY at least sixty (60) days notice of any
21 change in such fees required to reimburse the COUNTY for its costs. If
I
3i such changes are not made by CITY prior to the effective date of such
4I notice, COUNTY shall resume billings to CITY at the rate specified in
5I Exhibit B. In addition, the collection of such fees by the Health
I
6 Officer shall be discontinued in the event either CITY or the Health
7 II Officer gives at least sixty (60) days notice thereof. Thereafter,
811 COUNTY shall resume billing at the rate specified in Exhibit B.
I
9 12. All permit fees, inspection fees, license fees, other fees
10 and sums collected by the Health Officer pursuant to CITY ordinances or
11 resolutions shall be paid to and deposited in the County Treasury and
i
12 become the property of the COUNTY.
13 13. The CITY agrees that the Health Officer of the County of
14 jil Orange, his deputies, employees, and assistants shall have the powers
15 '
of City Health Officer within CITY, access to information and records,
16 �I and assistance from officers and employees of CITY. Any office space,
17 desk space, and telephone service provided to Health Officer by CITY
18 ` shall be provided at no cost to the COUNTY.
19 14. The COUNTY shall furnish all necessary labor, supervision,
20 '
equipment, communication facilities, and supplies necessary to perform
2'
the level of services to be provided hereunder. It is agreed that
22 'I nothing contained in this contract should be construed to bind the CITY
23 II
1' to demand of the COUNTY or to require the COUNTY to furnish any particular
24 �
i
number of inspections or visits. Health Officer may deny services to
25 CITY under this Agreement if, in his sole discretion, he determines
26
that appropriate personnel or other resources are unavailable.
27
15. Unless the persons or addresses are otherwise identified by
28
notice given in the manner specified by this paragraph, all notices
5 of 9
II
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1� authorized or required by this Agreement shall be deemed effective when
2�j they are reduced to writing and deposited in the United States mail,
I
3' postage prepaid, and addressed as follows:
I
4 Office of City Clerk
a. To City: City of Newport Beach
5 3300 Newport Blvd.
Newport Beach, CA 92663
61
b. To County: Clerk of the Board of Supervisors
7 10 Civic Center Plaza
P. 0. Box 637
8! Santa Ana, California 92702
9 16. This Agreement shall commence on July 1, 1981 and shall
10 continue in effect until June 30, 1986, provided that either party may
11 terminate the Agreement effective June 30 of any year by giving at
i
12 least sixty (60) days written notice. In the event of termination, the
i
I
13 Health Officer shall have no obligation to enforce any ordinance of the
14 CITY.
15.i 17. The Health Services Agreement dated July 1, 1976 between the
16 jl parties is hereby terminated effective June 30, 1981.
17
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19
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26
27
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1( IN WITNESS WHEREOF the parties hereto have executed this Agreement.
21
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3i COUNTY OF ORANGE
I
4I
5 4 By
Chairman, Board of Supervisors
6
7 ATTEST:
8{
JUNE ALEXANDER
9 County Clerk and ex- officio Clerk
of the Board of Supervisors of
10 Orange County, California
11
i
12 By
1; Deputy
13 'I
14 I1 DATED: 1981
I
(� APPROVED AS TO FORM:
15 ADRIAN KUYPER, COUNTY COUNSEL
16 II \\
17 �I BY t1 C,,-ete�
Deputy
18 �JZs /P
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11
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26
271
28 II
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CITY OF NEWPORT BEACH
By
ATTEST:
By
Mayor
Deputy City
APPROVED AS TO FORM:
City Attorney
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2E
W 6.
EXHIBIT A
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 Charge User No Charge
Ordinance Reference To City Fee And No Fee
Food X
Housing 6298 X
Massage Parlor 1355 X
Mobile X -Ray Unit 1332 X
Tattoo Parlor 1655 x
Well Construction X
8 of 9
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a 0.
EXHIBIT B
to
HEALTH SERVICES AGREEMENT
between
CITY OF NEWPORT BEACH
and
COUNTY OF ORANGE
1. 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
2. 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)
9 of 9
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i 0
RESOLUTION NO. 1 1 0 6 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE
CITY OF NEWPORT BEACH AND THE COUNTY OF ORANGE
IN CONNECTION WITH CITY -OWNED HEALTH SERVICES
AND RESCINDING RESOLUTION NO. 8788
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain Health Services Agreement
between the City of Newport Beach and County of Orange in
connection with County health services; and
WHEREAS, the City Council of the City of Newport Beach
has reviewed the terms and conditions of said Health Services
Agreement and finds them to be satisfactory and that it would be
in the best interests of the City of Newport Beach to authorize
the Mayor and City Clerk to execute said agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that said Health Services Agreement, " '
above - described, be and it is hereby approved;
BE IT FURTHER RESOLVED that the Mayor and City Clerk
are hereby authorized and directed to execute said Health
Services Agreement on behalf of the City of Newport Beach.
BE IT FURTHER RESOLVED that the City Clerk is directed
to forward a copy of this Resolution to the Orange County Health
Officer for submission to the Board of Supervisors.
ADOPTED this day of 1981.
Mayor
ATTEST:
City Clerk
10/13/81
pr
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0 0
H E A L T H S E R V I C E S A G R E E M E N T
THIS AGREEMENT, made and entered into this 1st day of
tR
which date is enumerated for purposes of reference, between the COUNTY
ORANGE, a political subdivision of the State of California, hereinafter
referred to as "COUNTY ", and the CITY OF Newport Beach, 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, employees, 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
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1; 3. COUNTY will provide the services described in paragraph 2 at
2�+ no cost to the CITY.
3!I 4. The Health Officer, his deputies, employees, and other assistants
shall perform all functions relating to the enforcement in CITY of the
I,
5 ordinances of said CITY listed in Exhibit A hereto, the making of all
i
i
inspections, and the performance of all functions in connection therewith;
7 I provided that the Health Officer shall not enforce any building code,
i�
electrical code, or plumbing code; shall not perform any animal or
9 I� rabies control function; and shall not perform the rat or vector control
I�
10 functions assumed by the Orange County Vector Control District under an
11 I� agreement with COUNTY dated December 17, 1974.
I
12 i, 5. If the City is considering adopting an ordinance and requesting
�l
13 'I its enforcement by the Health Officer, the Health Officer may, subject to
14 + the provisions of Paragraph 13, provide counsel, assistance, or a limited
is
r
15 demonstration of specific environmental health services to aid the CITY in
161 defining the manner in which the proposed ordinance enforcement would be
17 !j provided upon the request of authorized CITY personnel and upon representa—
18 ' tion by the CITY that (a) the City wishes in good faith to secure a
19 demonstration, under real or simulated conditions of the manner in which
20 ii an ordinance would be enforced; (b) the City desires to adopt the ordinance
2 .I
in question and wishes the demonstration to assist it in its deliberations;
22 and (c) the CITY will pay the COUNTY the appropriate hourly rate specified
it
23� in Exhibit B of this Agreement, provided, however, that such demonstration
i
24I� services will only be provided one time for not to exceed 24 direct labor
25 hours and shall not be provided thereafter for any other ordinance having
26 the same or similar provisions or objectives nor shall such services
27 I be provided for ordinances having the same or similar provisions or
I
`s II objectives as ordinances which have been included in Exhibit A of
t
Ir 2 of 9
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1,� this Agreement, which lists the ordinances that are to be enforced
2I� hereunder.
�I
3 o. The health Officer will provide services pursuant to paragraph
i�
4 II 4 only when a request therefore is made by the CITY official designated
N
51I to make such requests. Such official shall be designated by CITY for
1
6' each ordinance, and the Health Officer shall be notified in writing of
such designation. The manner and extent to which services are provided
'i
8`. in response to such request shall be determined by the Health Officer
I�
9 as provided in paragraph 14.
10 ii 7. In consideration of the services provided hereunder, CITY
11 agrees to pay to COUNTY the following sums monthly in arrears:
I
12 ! A. From the effective date of this contract through June 30,
fi
13 1982, the CITY shall make payment to COUNTY each month at the rates
14 H specified in Exhibit B.
i
15 B. After June 30, 1982, the CITY shall male payment to COUNTY
II
16 it each month at the rates determined pursuant to paragraph 8.
17 8, On or before April 15 of each year, commencing April 15, 1982,
�I
18 •i the Health Officer shall determine and notify CITY of the rates to be
19 I� paid by CITY during the year commencing the next succeeding July 1,
20 iI which rate shall be determined by the Health Officer in the following
2,
1 Ii manner;
22 The Health Officer shall determine the total estimated gross
U
2311 cost to COUNTY for the ensuing year of providing each of the public
24 health and sanitation programs listed in Exhibit B throughout the
25 I� COUNTY. Such total estimated cost shall include employee salaries;
26�I vacation, sick leave, insurance, retirement, and other fringe
27
I benefits; travel time and expense; supplies and services expense;
28 !Ilaboratory expense; general COUNTY overhead as determined by the
I(
III 3 cf 9
(I
it
1,
2
3
4
5
6
7
8
9
10'
11
1
12
�i
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14 �I
15
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22
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23
24 it
25
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2a I
0
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. 911 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
I�
1:I Health Officer shalt give CITY at least sixty (60) days notice of any
211 change in such fees required to reimburse the COUNTY for its costs. If
3,I such chances are not made by CITY prior to the effective date of such
I
4 � notice, COUNTY shall resume billings to CITY at the rate specified in
5' Exhibit B. In addition, the collection of such fees by the Health
I
6 II Officer shall be discontinued in the event either CITY or the Health
7 1" Officer gives at least sixty (60) days notice thereof. Thereafter,
it
I
8'i COUNTY shall resume billing at the rate specified in Exhibit B.
9 12. All permit fees, inspection fees, license fees, other fees
10 li and scans collected by the Health Officer pursuant to CITY ordinances or
11 ij resolutions shall be paid to and deposited in the County Treasury and
�I
12 become the property of the COUNTY.
I I
l0 13. The CITY agrees that the Health Officer of the Countv of
14,' Orange, his deputies, employees, and assistants shall have the powers
i
15 of City Health Officer within CITY, access to information and records,
it
16 II and assistance from officers and employees of CITY. Any office space,
17 11
1 desk space, and telephone service provided to Health officer by CITY
18 � shall be
provided at no cost to the COUNTY.
19 II� 14. The COUNTY shall furnish all necessary labor, supervision,
A
20
ill equipment, communication facilities, and supplies necessary to perform
2, y ,1
li the level of services to be provided hereunder. It is agreed that
22I
nothing contained in this contract should be construed to bind the CITY
23
to demand of the COUNTY or to require the COUNTY to fur.nish any particular
24I! number of inspections or visits. Health Officer may deny services to
25
ill CPCY under this Agreement if, in his sole discretion, he determines
26 1.
that appropriate personnel or other resources are unavailable.
27
15. Unless the persons or addresses are otherwise identified by
28 I
notice given in the manner specified by this paragraph, all notices
5 of 9
I
d
i ;� • •
I�
11 authorized or required by this Agreement shall be deemed effective when
21i they are reduced to writing and deposited in the United States mail,
31I postage prepaid, and addressed as follows:
i
41 Office of City Clerk
I a. To City: City of Newport Beach
51 3300 Newport Blvd.
;Newport Reach, CA 92663
6!
b. To County: Clerk of the Board of Supervisors
7 10 Civic Center Plaza
P. 0. Box 687
8 q Santa Ana, California 92702
9 1 16. This Agreement shall commence on July 1, 1981 and shall
10 i1 continue in effect until June 30, 1986, provided that either party may
11 I terminate the Agreement effective June 30 of any year by giving at
I
12 11 least sixty (60) days written notice. in the event of termination, the
I
1� Health Officer shall have no obligation to enforce any ordinance of the
14 CITY.
15 17. The Health Services Agreement dated July 1, 1976 between the
II
16 11 parties is hereby terminated effective June 30, 1981.
17 �)
18 II
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19 .
;I
20
2�
22
I I
23 �I
24
25 II
26
27
2a ��
I�
6 of 9
II
1 it
21
3
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7u
;
8 i
9i
10 it
11
1
12 it
15 I!
14 �I
;i
15
16
17
18 i
19
I
1
I
20 �I
21
I
22 !II
23
24
25
26
27
28
• •
IN 11ITNESS '.MEREOF the parties hereto have executed this Agreement.
COUP :TY OF O1ZNNGE CITY OF NEIJPORT BEACH
woe
By By
Chairman, Board of Supervisors Mayor
V I
SIGNED ?ND CER ;cD 't" 1T A COPY OF
THIS DOCUMENT HAS BEEN DE' WEPED TO
n .Ht CHAIR � AN OF THE P.UA.RD.
1
JUNE A! EXdf:17tP
Clerk of the Board of Supen, ;sTs
County of Orange. California
DATED: - 19842
APPROVED AS TO FOR1,1:
ADRIAN KUYPER, COUNTY COUNSEL
By \ �t �- I, � ti
f Deputy
4'0, < /e
7 of 9
ATTEST:
�3 5�� ✓wr.� 'n.'..
Bye � �,;', t C -��t '! � l�
` City Clerk
APPROVED AS TO FOR:I:
I
T� City Attorney �
U
U
I
I�
0
61 The Health Officer will provide services hereunder relating to the
following ordinances of CITY:
7;
ii Type of Charge User No Charge
. .. -
8
I
Ordinance Reference To City
EXHI.BIT A
Food
to
2�
6298
HEALTH SERVICES AGREEMENT
P
1355
between
Mobile X -Ray Unit
1332
CITY OF NEWPORT BEACH
Tattoo Parlor
1655
and
4
COUNTY OF ORANGE
51
I�
16 II
61 The Health Officer will provide services hereunder relating to the
following ordinances of CITY:
7;
ii Type of Charge User No Charge
. .. -
8
I
Ordinance Reference To City
9 !
Food
10
Housing
6298
11 �I
Massage Parlor
1355
i
12 11
i
Mobile X -Ray Unit
1332
13
Tattoo Parlor
1655
�i
14 11
Well Construction
15
I�
16 II
17
18 !�
i
19
20 '
21
22 li
II
23
24
25 it
26
27,'
28 II
1.,
8 of 9
j
Fee
X
X
X
X
li
1 .I
2 !I
i�
3'I
I
4 �I
I
5�
i
61 II
7
i
8
i
9 II
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10
11�
12 I�
13 !I
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
_�
4 •
EXHIBIT B
to
HEALTH SERVICES AGREEMENT
between
CITY OF NEWPORT BEACH
and
COUNTY OF ORANGE
1. 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
A. Food Sanitation
B. Milk and Dairy Sanitation
C. Water Quality Control
D. Institutional Environmental Quality
E. Land Use Review
F. Solid Waste Management
C. Occupational Health
H. Radiological Health
I. Housing and Community Environmental
Quality
J. Community Noise Control
Direct Labor Rate
$ 23.82
57.38
32.01
30.01
26.92
27.00
26.95
25.57
23.01
25.99
2. 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 Mille and Dairy Inspector
G. Industrial Hygienist
H. Occupational Health Sanitarian
I. Public Health Physicist
J. Environmental Health Engineering Specialist
If an_v 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)
9 of 9
CITY OF NEWPORT BEACH
MEMORANDUM: From City Cie. rk
Tp Finance Director oril 4
. .. ............... ........- ............ .. ..........
Re: Contract No. 1802
Orange County Health Departm -nt
Attached . ar - th- new rates in connection with subject contract,
July 1, 1979.
Reply wanted ❑
Reply not necenetry O
me -1D
Doris
19.79. -.
BY.. .................... . ..... ..... ... ..... ..... .I... ............ .
� M �
C C>UNTYC>F ORANGE
�VI
5 ✓ HUMAN SERVICES AGENCY
PUBLIC HEALTH AND MEDICAL SERVICES
March 30, 1979
City of Newport Beach
3300 W. Newport Blvd.
Newport Beach, CA 92663
ATTENTION: City Clerk
Dear Council Members:
MARGARET C. GRIER
DIRECTOR
MORTON NELSON, M.D., MPH
HEALTH OFFICER
515 N. SYCAMORE STREET
SANTA ANA, CA 92701
TELEPHONE: ]19/83¢ -3131
MAILING ADDRESS:
P, O. BOX 355
SANTA ANA, CA 92702
\ - -I
The Health Services Agreement, dated July 1, 1976, between your City and the
County of Orange provides for the enforcement of State codes and regulations,
for which there is no charge to the City. The agreement also gives the City
the option of requesting the enforcement of City ordinances by the County
Health Officer. Exhibit A of this agreement lists all City ordinances which
the County Health Officer has agreed to enforce. An updated Exhibit A is
enclosed and should be attached to the Health Services Agreement for future
reference.
The cost of enforcing City ordinances is billed at the hourly rates specified
in Exhibit B of this agreement. Paragraph 7 of the agreement provides that
on or before April 15th of each year, the Health Officer will determine and
notify the City of the rates to be paid by the City during the year beginning
on July 1, 1979, for services rendered in the enforcement of City ordinances.
After an analysis of estimated program costs, the Health Officer has deter-
mined the hourly rates to be charged under the agreement beginning July 1,
1979. This letter is the notification to the City of such new rates. The
new rates are listed on the enclosed "Exhibit B to health Services Agreement; ",
effective July 1, 1979.
Should your City wish to request that the Health Officer enforce a City ordi-
nance not now listed in Exhibit A of the agreement, a letter from a person
designated by your City Council should be sent to the Health Officer along
with a copy of the proposed ordinance. If the proposed ordinance is accept-
able for enforcement, the Health Officer will respond in writing, and the
ordinance will be added to Exhibit A of the agreement. The cost of enforce-
ment will be billed at the hourly rates specified in Exhibit B provided,
40
Page 2
however, there will be a minimum billing of $20.00 per ordinance per month.
If you have any suggestions for improving the effectiveness of health services
under your agreement with the County, please advise the Supervising Sanitarian
and the District Sanitarian serving your City.
Ver. trhly yo rs
i
Mo ton Nelson, M.D., M.P.H.
Health Officer
County of Orange
MN /TRC /st
M"wised March 1, 1979
EXHIBIT A
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:
No C}-arge
Charge and
Type to City User Fee No Fee
Massage Parlors X
Tattoo Parlors X
Well Construction X
Food Ordinance X
Mobile X -Ray X
Housing X
0
M M
EXHIBIT B
to
HEALTH SERVICES AGREEMENT
between
CITY OF NEWPORT BEACH
and
COUNTY OF ORANGE
Effective July 1, 1979
pursuant to paragraph
7 of this agreement
1. 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:
pr. -? -1m
A. Food Sanitation
B. Milk and Dairy Sanitation
C. Water Quality Control
D. Institutional Environmental
Quality
E. Land Use Review
F. Solid Waste Management
G. Occupational Health
H. Radiological Health
I. Housing and Community
Environmental Quality
J. Community Noise Control
Direct Labor Rate
$20.13
24.90 (plus laboratory costs)
21.35
23.91
22.56
22.26
24.23
20.87
19.07
21.83
2. 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 pro-
viding 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
P. Environs aentai [ie:.ith 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 Ehysicist
J. Environmental Health Engineering Specialist
If any of the above classifications aro revised or replaced with other
classifications performing similar functions, the personnel assigned to,
such classifications shall be deemed to be "direct personnel."
4b
TO: FINANCE DIRECTOR
FROM: City Clerk
CITY OF NEWPORT BEACH
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Cnde 714
673 -2117
DAT1: September 3, 1976
SUBJECT: Contract No. 1802
Description of Contract Health Services
Authorized by Resolution No. 8788 , adopted on
Effective date of Contract 9 -1 -76
Contract with County of Orange Health Dept.
Address p.0. Box 355.
cA 92702
Amount of Contract Roo (nnfrarr
6 -14 -76
City Clerk
Q
T-\1 4b ft
o "OuNTY OF
\Oi
N G E
HEALTH DEPARTMENT
August 31, 1976
City Council
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California 92663
Attention: CITY CLERK
Dear Council members:
SANTA ANA OFFICE
645 NORTH ROSS STREET
TELEPHONE: 834 -3131
Mulling Add,e,.: P.O. Bo. 355
Soma An v, CvNf..n .0 92702
ANAHEIM OFFICE
1011 SOUTH EAST STREET
TELEPHONE: 776 -5551
Moillog Address: P.O. Be. 355
Sonru Auo, Colifo.viu 91702
The Health Department wishes to thank you for your cooperation in the approval
of a new Health Services Agreement between your City and the County of Orange.
An executed original copy of the extension agreement is enclosed for the City's
files. Also enclosed is a copy of the minutes of the Board of Supervisors
authorizing the Chairman and the Clerk to sign the agreement for the County.
The new agreement is effective on September 1, 1976.
Two newly added features of this agreement are paragraphs 8 and 10. If the City
wishes to add to or delete from the list of ordinances for which the Health Officer
is to provide enforcement and related services, this action may be taken by
mutual written agreement between the City and the Health Officer.
If the City wishes to request that the Health Officer enforce a City ordinance
not now listed in Exhibit A, a letter from a person designated by your City
Council should be sent to the Health Officer along with a copy of the proposed
ordinance. If the proposed ordinance is acceptable for enforcement, the Health
Officer will respond in writing, and the ordinance will be added to Exhibit A
of the Agreement.
Please advise the Supervising Sanitarian and the District Sanitarian serving
your, City if you have suggestions for improving the effectiveness of health
services that will be provided under the new agreement.
Sincerely,
PAUL R. ENGLE, M.D.
Acting Health Officer
County of orange
PRE:kl
Attachments
MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
August 24, 1976
IN RE: AGREEMENTS HEALTH SERVICES VARIOUS CITIES
On motion of Supervisor Riley, duly seconded and unanimously
carried by Board members present, the Chairman and the Clerk are author -
ized to sign the Agreements, dated August 24, 1976, between the County of
Orange and the various cities listed below, providing for health services
as recommended by the Acting Health Officer in his letter dated August 13
1976.
CITIES
Brea
Buena Park
Costa Mesa
Cypress
Fountain Valley
Huntington Beach
Irvine
CITIES
Laguna Beach
La Habra
La Palma
Los Alamitos
Newport Beach
Orange
Placentia
CITIES
San Clemente
San Juan Capistrano
Seal Beach
Stanton
Tustin
Westminster
Yorba Linda
IN RE: AGREEMENT LAW ENFORCEMENT SERVICES CITY OF VILLA PARR
On motion of Supervisor Riley, duly seconded and unanimously
carried by Board members present, the Chairman and the Clerk are author-
ized to sign the Agreement, dated August 24, 1976, between the County of
Orange and the City of Villa Park providing Law Enforcement Services for
the City of Villa Park with the city to be billed the total cost as
recommended by the Sheriff - Coroner in his letter dated August 11, 1976.
IN RE: TRACT MAP NO. 9289
On motion of Supervisor Diedrich, duly seconded and unanimously
carried by Board members present, Tract Map No. 9289 is received and
Heritage Bank Cashier's Check No. 3632 in the sum of $5,100.00 to guaran-
tee payment of 1976 -77 taxes on said Tract No. 9289 is received and '
ordered referred to the County Auditor - Controller for deposit in the
Guarantee Deposit Fund. Any refund should be made payable to Mr. D. H.
Brose, 2366 N. Glassell Street, Orange, California.
Y
Pr
•
n
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
October 13, 1981
TO: MAYOR AND CITY COUNCIL
FROM: City Manager
SUBJECT: HEALTH SERVICES AGREEMENT
Background
COUNCIL AGENDA
ITEM N0, F -2(b)
0C, 1.3 1981
By the CITY COUNCIL
CITY OF NEWPORT REACH
The City of Newport Beach, pursuant to our agreement dated
July 1, 1976, contracts with the County of Orange for the
enforcement of State health codes and regulations. The
enforcement of these latter regulations involves no cost to
the City. The agreement also gives the City the option of
requesting the enforcement of certain local health related
ordinances by the County at specified hourly rates.
The 1976 Health Services agreement expired on June 30, 1981
and the County has contacted cities relative to renewal.
Proposed Agreement
Attachment 1 is a letter from the Director of the County
Human Services Agency transmitting a copy of the proposed
Health Services Agreement renewal.
As noted in the above referenced cover letter, the proposed
agreement is identical to the previous agreement with the
following exceptions:
Paragraph 5, page 2 - This is a new section
which creates a procedure under which the
City and the County may explore the establish-
ment supplemental health - related City ordinances
which would be enforced by the County.
Paragraph 10, page 4 - This section would increase
the minimum monthly charge for enforcement of
certain ordinances listed in "Exhibit A" of the
proposed agreement from $20. to $25. As noted
in the cover letter, there is no minimum monthly
charge for ordinances covered by user fees or
specified in Exhibit A as "No charge and No Fee."
Since all of the services included in Exhibit A
fall into one of these two latter categories, no
minimum monthly fee would be charged to the City.
0
TO: MAYOR AND CITY COUNCIL - Page two
Exhibit A, page 8 - This exhibit reflects the
status of elective services cited in City
ordinances and codes enforced by the County.
Exhibit B, page 9 - This exhibit reflects the
projected costs for services performed by
County staff in enforcing elective health
codes and ordinances. The key word here is
"elective" since the City has the option of
either utilizing or not utilizing supple-
mental enforcement services at the specified
rates.
The term of the proposed agreement is until June 30, 1986.
Analvsis and Conclusion
The City of Newport Beach has not, as of yet, adopted any
health service ordinances which involve the direct payment
of enforcement - related funds to the County. The City has,
however, adopted several health- related ordinances which
involve the County, although not at a direct monetary cost
to the City. Section 5.50 of the Municipal Code dealing
with massage parlors and Section 6.20 dealing with tatooing
establishments both involve the payment of inspection fees
by the individual proprietor directly to the County. Section
14.34 dealing with water well construction and abandonment
provides for a similar inspection arrangement. Finally,
Municipal Code Sections 6.08 dealing with food establishments
and 6.15 dealing with mobile x -ray units provide for direct
permit and licensing through the County.
In conclusion, any health services enforcement which would be
generated by the City within the forseeable future would be
borne by the County as a function of its administration of
State health codes.
Recommendation
It is recommended that the City Council adopt Resolution
No. authorizing the Mayor and City Clerk to execute
the proposed Health Services Agreement.
ROBERT L. WYNN
CITY MANAGER
RLW;GJB;mm
attachments
• *ATTACHMENT 1
Larry M. Leaman
DIRECTOR
C>L. UNTY OF RANGE REX HEALTH OF, M.D.
NEA LTR OFFICER
5 3 HUMAN SERVICES AGENCY
PUBLIC HEALTH AND MEDICAL SERVICES
515 N. SYCAMORE STREET
SANTA ANA, CALIFORNIA 92701
(714) 834 -3155
Mailing Address: P.O. BOX 355
SANTA ANA, CA 92702
August 17, 1981
City of Newport Beach
3300 Newport Blvd.
Newport Beach, Calif. 92663
Dear Mr. Wynn:
The Orange County Board of Supervisors has authorized the Human Services Agency
to renew health services agreements with the Cities. These agreements replace
those which expired on June 30.
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 would 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.
We request that this agreement be approved by your City Attorney and submitted
to your Council for authorization. The original of this agreement along with
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,
rM. L aman,
Director
RJC:tz
A G R E E M E N T
THIS AGREEMENT, made and entered into this
1st
day of
July , 1976, 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 Newport Beach . , a
municipal corporation situated in the County of Orange, hereinafter referred to as
' rCITY."
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 Cfficer" 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
CI"Y. The Health Officer, his deputies, employees, 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 reg•!l.a*_ions 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
VL,r�-,r Control District under an agreeneat with CG NTY dated Dacember 17, 1974.
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.
w '
performance of all functions in connection therewith; provided that the Health
1
OFfice'
shall not
enfor
building
code, electrical ,
or plumbing code;
shall
not perform
any animal
or rabies
control function; and
shall not perform the
rat or vector control functions assu:aed by the Orange County Vector Control District
under an agreement with COUNTY dated December 17, 1974.
5. The Health Officer will provide services pursuant to paragraph 4 only when
a request therefor 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 ti iting 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 13.
6. In consideration of the services provided hereunder, CITY agrees to pay
to COUNTY the following sums monthly in arrears:
A. From the effective date of this contract through June 30, 1977, the
CITY shall_ make payment to COUNTY each month at the rates specified in Exhibit B.
B. After June 30, 1977, the CITY shall make payment to COUNTY each month
at the rates determined pursuant to paragraph 7.
7. On or before April 15 of each year, commencing April 15, 1977, 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 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.
8. 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.
2
9. 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 $20.00
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. All charges shall be billed monthly in arrears. CITY
shall pay such billings within 30 days of the billing date.
10. 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 6 through 9 hereof. 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.
11. All permit fees, inspection fees, license fees, other fees and sums collected
I
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.
12. 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.
13. 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
3
5 -20
services to CITY under 01,1-1r.eer,:ent if, in h_s sole diflation, he dctenuines that
appropriate personnel or other resources are unavailable.
14. Unless the persons or addresses are otherwise identified by notice given
in the manner snecif.i.ecl I)v this oarai,raoh, all notices authorized or reaui.red by
this Agreement shall be deemed effective wlhen they are reduced to writing and
deposited in the United States mail, postage prepaid, and addressed as follows:
a. To City: City Clerk
3300 Newport Boulevard
Newport Beach, California 92660
b. To County: Clerk of the Board of Supervisors
515 North Sycamore Street
Santa Ana, California 92701
15. This Agreement shall commence on September 1, 1976 and shall
continue in effect until June 30, 1981, 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.
16. The Health Services Agreement dated June 10, 1962 between the
parties is hereby terminated effective August 31, 1976
IN WITNESS WHEREOF the parties hereto have executed this Agreement.
COUNTY OF ORANGE CITY �F Newport Beach
T
By
Chairman, Board of Supervisors Mayor
ATTEST:
WILLIAM E. ST JOHN
County Clerk and ex- officio Clerk
of the Board of Supervisors of
Orange County, California
APPROVED AS TO FCIL?I:
ADRIA21 KiIY R� CO' \TYJ� CC SEL
Ey �V1��✓'
'Deputy
1976 ,
4
ATTEST:
By 1.f%7.c ti_ i
City Clerk
APPROVED AS TO FORM:
X'.4' n /
City Attorney
EXHIyIT A
to
HEALTH SERVICES AGREEMENT
between
CITY OF 11n;. nnr� Rnarh
and
COUNTY OF ORANGE
The Health Officer will provide services hereunder
relating to the following ordinances of CITY:
Codification Latest
or Date of
Ordinance Enactment Ordinance Title or
Number or Amendment Description
NO CHARGE - State Mandated Code
6.08 April 15, 1975 Food Ordinance
6.15 April 15, 1970 Mobile X -Ray .
NO CHARGE - Ordinance with User Fee Provision
5.50 October 15, 1970 Massage Parlor
6.20 January 15, 1976 Tatoo Parlor
0
t
96
EXHIBIT B
to
HEALTH �aa>>TCFS Art..rrrnrNT
between
CITY OF Fc "nrrt ha ,ch
and
COUNTY OF CaMr
1. 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:
2aE2m
A. Food Sanitation
B. Bilk and Dairy Sanitation
C. (dater Quality Control
D. Institutional Environmental
Quality
E. Land Use Review
F. Solid Waste Management
C. Occupational Health
H. Radiological Health
I. Housing and Corr.uni.ty
Environmental Quality
J. Community Noise Control
Direct Labor Rate
$ 19.59
25.68
19.70
15.50
16.77
17.76
18.95
16.86
16.25
17.24
2. 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 L
D. Senior Sanitarian Aid
E. Milk and Dairy Inspector
F. Chief Milk and Dairy Inspector
G. Industrial Hygienist
11. 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.''
June 18, 1976
County of orange
Health Department
P.o. Box 355
Santa Ana, CA 92702
Attention: Paul R. Engle, M.D.
Subject: Agreement for County Health Services
Enclosed are the original and four copies of subject agreement which
have been executed by the City and which are now ready for the Board
of Supervisors signature.
Said agreement was authorized by the City Council on June 14, 1976
by the adoption of Resolution No. 8788.�s
Please return a fully executed copy to lay office for inclusion in
the official records.
Doris George
City Clerk
DG:eg
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN
THE CITY OF NEWPORT BEACH AND THE COUNTY OF
ORANGE IN CONNECTION WITH CITY - COUNTY HEALTH
SERVICES
WHEREAS, there has been presented to the City Council
of the City of Newport Beach a certain agreement between the
City of Newport Beach and County of Orange in connection with
City- County health services; and
WHEREAS, the City Council has reviewed the terms
and conditions of said agreement and finds them to be satisfactory
and that it would be in the best interest of the City to
authorize the Mayor and City Clerk to execute said agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach that said agreement above described
is approved, and the Mayor and City Clerk are hereby authorized
and directed to execute the same on behalf of the City of
Newport Beach.
ATTEST:
er
ADOPTED this 14th day of
Mayor
June , 1976.
DDO /bc
6/2/76