HomeMy WebLinkAboutC-3509 - Agreement for Provision of Environmental Health Services2
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AGREEMENT FOR PROVISION OF
ENVIRONMENTAL HEALTH SERVICES
BETWEEN
COUNTY OF ORANGE
AND
CITY OF NEWPORT BEACH
THIS AGREEMENT entered into this lst day of July 2001, which date is enumerated for purposes
of reference only, is by and between the COUNTY OF ORANGE, a political subdivision of the State,
(COUNTY) and CITY OF NEWPORT BEACH a municipal corporation (CITY).
W I T N E S S E T H:
WHEREAS, CITY wishes to contract with COUNTY for the provision of Environmental Health
Services described herein pursuant to Health and Safety Code Section 101400 et seq.; and
WHEREAS, COUNTY is agreeable to the rendering of such services on the terms and conditions
hereinafter set forth:
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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CONTENTS
PARAGRAPH PAGE
Title Page 1
Contents 2
I. Alteration of Terms 3
H. Indemnification 3
III. Notices 3
IV. Payments 4
V. Services 4
VI. Severability 5
VII. Status of County 6
VET Term 6
IX. Termination 6
X. Waiver of Default or Breach 7
Signature Page 8
EXHIBIT A 1 Page
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I. ALTERATION OF TERMS
This Agreement, together with Exhibit A attached hereto and incorporated herein by reference, 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.
II. 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:
1. Written and deposited in the United States mail, first class postage prepaid and addressed as
follows:
CITY:
City Manager
3300 Newport BI.
Newport Beach, CA 92663
COUNTY: Health Officer
County of Orange
Health Care Agency
515 North Sycamore, 6th Floor
Santa Ana, CA 92701
2. Faxed, transmission confirmed; or
3. Accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel Service, of
other expedited delivery service.
B. Termination Notices shall be effective when written and deposited in the United States mail,
certified, retum receipt requested, when faxed, transmission confirmed, or when accepted by U.S. Postal
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Service Express Mail, Federal Express, United Parcel Service, or other expedited delivery service 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 such fees and rates are
only for the purpose of meeting COUNTY'S cost associated with providing the services.
1. COUNTY shall bill CITY for such services and payment to COUNTY should be released
by CITY no later than thirty (30) days after receipt of the billing form. Failure of C1TY to reimburse
COUNTY may be considered a breach of the terms of this Agreement and may result in termination of
this Agreement.
2. COUNTY shall give CITY at least sixty (60) days notice of any change in fees or rates to be
adopted by the Orange County Board of Supervisors.
B. C1TY may include, in the adoption of its ordinances, the requirement that COUNTY fees or
rates be paid directly by the facility or business (User) requiring the services in order to begin or
continue operation, in lieu of CITY.
1. In cases where User is to pay the fee or rate directly to COUNTY, CITY shall specify in its
ordinances that such fees or rates shall be those adopted by the Orange County Board of Supervisors in
effect at the time that such services were rendered.
2. COUNTY shall bill User for services provided pursuant to C1TY ordinances or resolutions.
C1TY shall not be responsible for failure of User to reimburse COUNTY.
3. COUNTY agrees that collection of such fees or rates shall be accepted as full payment for
services rendered in lieu of charges that would otherwise be payable by CITY under the provisions of
this Agreement.
C. All fees or rates collected by COUNTY from CITY, or Users pursuant to CITY ordinances or
resolutions, shall be paid to and deposited in the County Treasury and become property of COUNTY.
V. SERVICES
A. CITY shall designate the Health Officer as the Health Officer of C1TY pursuant to Health and
Safety Code Section 101460. "Health Officer" means the Health Officer, or designee, of the County of
Orange designated by the Orange County Board of Supervisors. CITY agrees that icer, or
designee, shall have all the powers and authority associated with the position of Health Office within
C1TY and shall, at no cost to COUNTY, have access to any and all information and records as well as
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assistance from officers and employees of CITY necessary to perform the services to be provided
pursuant to this Agreement.
B. The Health Officer shall perform all environmental health services related to the enforcement of
CITY ordinances as specified in Exhibit A to this Agreement. Exhibit A to this Agreement may be
amended, by CITY or COUNTY, in writing, to reflect any additions or deletions of CITY ordinances to
be enforced by the Health Officer.
1. "Enforcement" means the actions required in order to verify and maintain compliance or
conformance of a facility or business to the ordinances established by CITY in response to Federal,
State, County or local rules and regulations. These actions may include, but are not limited to: one or
more inspections of a facility or business; written evaluation of the findings; approval or permit
issuance, suspension, or revocation as appropriate; and review of any follow-up action as required.
2. It is agreed that nothing in this Agreement shall be construed as binding CITY to demand of
COUNTY, or as requiring COUNTY to perform, any particular number of inspections or visits. At the
Health Officer's sole discretion, services under this Agreement may be denied to CITY if the Health
Officer determines that appropriate personnel or other resources are unavailable or the Health Officer
does not have legal capacity to act.
3. COUNTY shall furnish all necessary labor, supervision, equipment, communication
services, facilities, and supplies necessary to perform the level of services to be provided.
4. The Health Officer shall not enforce any building code, electrical code, or plumbing code;
and shall not enforce any vector control functions assumed by the Orange County Vector Control
District for which these functions are provided pursuant to an agreement with COUNTY dated
December 17, 1974.
C. DEMONSTRATION PROJECTS - CITY may request, and the Health Officer may provide,
assistance or a limited demonstration of specific environmental health services which would be
applicable to a newly proposed ordinance under consideration of CITY. Such demonstration may be
under real or simulated circumstances to aid CITY in defining the manner in which the proposed
ordinance enforcement would be provided. It is agreed by the parties that demonstration projects for a
specific ordinance shall only be provided once, and shall not exceed twenty-four (24) direct labor hours
of the Health Officer. It is further agreed by the parties that demonstration services shall not be provided
for any other ordinance, existing or proposed, having the same or similar provisions or objectives as that
ordinance for which the demonstration services were provided.
VI. SEVERABILITY
If a court of competent jurisdiction declares any provision of this Agreement or application thereof
to any person or circumstances to be invalid or if any provision of this Agreement contravenes any
Federal, State, or County statute, ordinance, or regulation, the remaining provisions of this Agreement or
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the application thereof shall remain valid, in full force and effect, and to that extent the provisions of this
Agreement are severable.
VII. STATUS OF COUNTY
COUNTY shall be wholly responsible for the manner in which it performs the services required of it
by the terms of this Agreement. COUNTY is entirely responsible for compensating staff and consultants
employed by COUNTY. This Agreement shall not be construed as creating the relationship of employer
and employee, or principal and agent, between COUNTY and CITY or any of COUNTY'S employees,
agents, or subcontractors. COUNTY assumes exclusively the responsibility for the acts of its
employees, agents or subcontractors as they relate to the services to be provided during the course and
scope of their employment. COUNTY, its employees, agents, or subcontractors, shall not be entitled to
any rights or privileges of CITY employees and shall not be considered in any manner to be CITY
employees.
VIII. TERM
A. The term of this Agreement shall commence on July 1, 2001 and shall remain in effect until
such time as it is terminated in accordance with the Termination Paragraph of this Agreement; provided,
however, the parties shall be obligated to perform such duties as would normally extend beyond this
term, including but not limited to, obligations with respect to confidentiality, indemnification, audits,
reporting and accounting.
B. In the event of termination of this Agreement, the Health Officer shall have no obligation to
enforce any ordinance of CITY.
IX. TERMINATION
A. Either party may terminate this Agreement, without cause, upon sixty (60) days written notice
given the other party.
B. Either party may terminate this Agreement upon five (5) days written notice given the other, if
either party fails to perform any of the terms of this Agreement, provided the allegedly breaching party
has been given written notice of the alleged breach, and has failed to cure the alleged breach within
thirty (30) days.
C. CONTINGENT FUNDING
1. Any obligation of COUNTY under this Agreement is contingent upon the following:
a) The continued availability of Federal, State or COUNTY funds for reimbursement of
COUNTY'S expenditures, and
b) Inclusion of sufficient funding for the services hereunder in the applicable budget
approved by the Board of Supervisors.
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2. In the event such funding is subsequently reduced or terminated, COUNTY may terminate
this Agreement, or reduce or eliminate services, upon thirty (30) days written notice given CTTY.
D. The rights and remedies of either party provided in this Termination paragraph shall not be
exclusive, and are in addition to any other rights and remedies provided by law or under this Agreement.
X. WAIVER OF DEFAULT OR BREACH
Waiver of any default by either party shall not be considered a waiver of any subsequent default.
Waiver of any breach by either party of any provision of this Agreement shall not be considered a waiver
of any subsequent breach. Waiver of any default or any breach by either party shall not be considered a
modification of the terms of this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement, in the County of Orange,
State of California.
COUNTY OF ORANGE
BY: C OF T A',SUPERVISORS
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED:: -
TO THE CHAIR OF THE BOARD:
LE : % et---v--g- o.2
DARLENE7. BLO �1; 6br/oi SIz Date
Clerk of the Board of Supervisors
of Orange County, California
CITY OF NEWPORT BEACH
a municipal corporation
BY:
MAYO
AI I L,ST:
del,tat
CITY CLERK
APPROVED AS TO FORM: APPROVED AS TO FORM:
LAURENCE M. WATSON, COUNTY COUNSEL CITY ATTORNEY
ORANGE Fei.& COUNTY, CALIFORNIACAL�BY: l • _OM' BY: ‘,'
DEPUTY Date Date
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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
Charge
Resolution Ordinance
City User
Food
Title 6, Ch.
X
6.08 (#1593)
Housing (UHC)
6298
Title 15, Ch.
15.03
Motel/Hotel
6298
Title 15, Ch.
X
15.03
Massage Establishment
8801 (fees)
Title 5, Ch.
X
5.50 (# 85-32)
Tattoo Establishment
8801 (fees)
Ch. 6.20
X
(#1655)
Well Construction
Title 14, Ch.
X
14.34 (#1587)
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EXHIBIT A