1971-0803_ORANGE, COUNTY OF_Agreement�M
A G R E E M E N T
THIS AGREEMENT, made and entered into thisl-�— day of
BY AND BETWEEN
THE COUNTY OF ORANGE, a political
subdivision of the State of
California, hereinafter referred
to as "COUNTY"
THE CITY OF SAN JUAN CAPISTRANO,
a municipal corporation, classi-
fied as a General Law City
situated in the County of Orange,
hereinafter referred to as "CITY."
RECITALS:
1. The City Council of the CITY has heretofore determined to
avail itself of certain COUNTY services authorized by Section 51301
of the Government Code of California.
2. The CITY desires to have the COUNTY perform by its appropriate
officers and employees the following CITY function: BUILDING SERVICES
3. The COUNTY, through its Department of Building and Safety,
is willing and ready to render to the CITY any and all such services
as are normally performed by the said department upon request of the
CITY and upon the terms and covenants and subject to the conditions
and provisions hereinafter set forth.
4. The CITY shall not be under compulsion except to the extent
-specifically required by the terms of this Agreement to request either
all or any specific amount of such services as may be normally rendered
by the COUNTY, through its Department of Building and Safety, within
the unincorporated area of the COUNTY.
IT IS AGREED in consideration of the mutual covenants herein set
forth and upon the legislative authority of Section 51301 of the
Government Code of the State of California as follows:
A. The COUNTY, its officers, agents and employees, shall not be
deemed to assume any liability for the negligence of the CITY, or of
any officer, agent or employee thereof, nor for any defective or
dangerous conditions of the streets or property of the CITY, and the
CITY shall hold the COUNTY and its officers, agents and employees harm-
less from any claim for damages resulting therefrom.
B. CITY and COUNTY shall hold each other harmless from liability
for acts or omissions of the other.
C. The CITY shall not be liable for the direct payment of any
salaries, wages or other compensation to any COUNTY officer or employee,
whether a full-time or temporary employee, performing any services
hereunder for the CITY.
D. Except as herein otherwise specified, CITY shall not be liable
for compensation or indemnity to any such COUNTY officer or employee
for any injury or sickness arising out of his employment.
E. This Agreement shall continue in full force and effect for
a term of five years, commencing July 1, 1971, and ending on the 30th
day of June, 1976, provided that either party may terminate upon 90
days' written notice prior to the beginning of a County fiscal year.
In the event CITY desires a continuance of the services covered by this
Agreement, negotiations therefor shall be concluded prior to the expir-
ation date of this Agreement.
F. (1) The CITY shall, prior to the effective date of this
Agreement, enact ordinances covering the following fields of regulation
and enforcement:
(a) A Building Code
(b) A Plumbing Code
(c) An Electrical Code
(d) A Heating Code
(e) A Building Relocation Ordinance
M A Land Use Ordinance
(g) A Trailer Park Ordinance (optional)
It is agreed that such ordinances, with the exception of the Land Use
Ordinance, will be identical in all material respects, including the
amounts of fees or bonds required, with the corresponding ordinances
and codes now in force in Orange County.
The CITY shall adopt all amendments to said Orange County ordi-
nances or codes, adopted by the Board of Supervisors, within 120 days
after request so to do by the COUNTY. The Director of Building and
Safety, acting in behalf of the COUNTY, shall not request the CITY to
adopt amendments which do not apply to the CITY.
If at any time during the term of this Agreement the CITY should
amend or adopt an ordinance or code different from the foregoing, the
COUNTY shall be immediately advised thereof and the effective date of
such amendment of such ordinance or code shall be not less than 60 days
from and after the date upon which the COUNTY has been so advised and
has received a true copy thereof. In the event that the enforcement
or administration of such amended or new code or ordinance will be at
an increased cost to the COUNTY, the CITY agrees to pay to the COUNTY
such increased costs in addition to any other consideration hereinafter
set forth.
(2) The COUNTY, through its Director of Building and Safety
and the officers and employees of the COUNTY'S Building Department shall
furnish to the CITY all services, including inspection and enforcement
services, which the said Building Department now furnishes within the
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unincorporated area of the COUNTY in consideration of the payments and
fees hereinafter set forth.
(3) It is agreed that the COUNTY shall collect and retain
all fees, penalties and forfeitures as provided herein as set forth
in COUNTY and CITY ordinances and no permits shall be issued until
such fees, penalties and forfeitures have been received by the COUNTY.
G. COUNTY shall provide to CITY all services requested prior
to July 1, 1971, under that Agreement for enforcement of building and
safety and related ordinances executed by COUNTY on July 5, 1968, under
the terms and conditions set forth in said Agreement, whether or not
said services are actually performed prior to the expiration of said
Agreement.
IN WITNESS WHEREOF, COUNTY has caused this Agreement to be executed
by the Chairman of its Board of Supervisors and attested by the Clerk
of said Board, and the CITY has caused this Agreement to be executed
by its Mayor and attested by the City Clerk of said CITY on the dates
written opposite their signatures.
Dated: "T 1971
ATTEST:
WILLIAM E. ST. JOHN
County Clerk and ex -officio Clerk
of its Board of Sup.ervisors
Dated:
ATTEST -
ILA,
'e'�
City Clerk
y 1971
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COUNTY OF ORANGE, a political
subdivision of the State of
Californ,la
2
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CITY OF SAN JUAN CAPISTRANO,
a municipal corporation
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Thomas A. Forster, Mayor
MINUTES OF THE CITY COUNCIL
Cify of San Juan Capisfrano
California
A regular meeting of the City Council of the City of San Juan Capistrano, California was held
Monday, July 12, 1971 at 7JOP.m. The following named members were present:
William A. Bathgate, Edward S. Chermak, Josh Gammell, James F.
Thorpe and Thomas A. Forster
"BIDS. CONTRACTS. AGREEMENTS
4. Memorandum received from City Administrator recommending
that Council enter into agreement with County of Orange for
specified services from the Department of Building and Safety.
Councilman Chermak, seconded by Councilman Bathgate, moved that
the Mayor and City Clerk be authorized to sign said agreement.
Roll Call vote: Ayes: Councilmen Bathgate, Chermak, Gammell,
Thorpe and Forster. Noes: None Absent: None"
State of California
County of Orange ss.
City of San Juan Capistrano
I V DONALD G. WEIDNER, City Clerk and ex -officio Clerk of the City Council of the
City of San Juan Capistrano, California, hereby certify the foregoing to be a full, true and correct
copy of the minute entry on record in this office.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 20th
dayof July, 1971.
(SEAL)
� �-,- a. A 4 "1 11� 1! 5 .1 �; � �� �-e� �
City Clerk and ex -officio Clerk of the City
Council, San Juan Capistrano, California