1973-1009_ORANGE, COUNTY OF_AgreementA . G R E E M E N T
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3 THIS AGREEMENT made and entered into this day of
4 1973, by and between the COUNTY OF ORANGE, a political
5 subdivision of the State of California, hereinafter referred to as
6 "COUNTY" and the city of SAN JUAN CAPISTRANO , a municipal corporation,
7 classified as a General Law City, situated in the County of orange,
8 hereinafter referred to as "CITY;"
9 RECITALS:
10 l.. The City Council of CITY has heretofore determined to avail
11 itself of certain COUNTY services authorized by Section 51301 of the
12 Government Code of the State of California.
13 2. The CITY.desires to have COUNTY perform by its appropriate
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14 officers and employees t he following CITY function: Building Services.
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.1 3. COUNTY, through its Department of.Building and Safety, is
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16 willing and ready to,r6nder to CITY any and all such services as are
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Smo 17 - normally performed by the said department upon request of CITY and upon
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18 the terms and covenants and subject to the conditions and provisions
19 hereinafter set forth.
20 IT IS AGREED as follows:
21 A. COUNTY, its officers, agents and employees, shall not be
22 deemed to assume any liability for ttie negligence of CITY, or of any
23 officer, agent or employee thereof, nor for any defective or dangerous
24 conditions of the streets or property of CITY, and CITY shall hold the
25 COUNTY and its officers, agents and employees harmless from any claim
26 for damages resulting therefrom.
B. CITY and COUNTY shall hold each other harmless from liability
28 for acts or omissions of the other.
29 C. CITY shall not be liable for the direct payment of any
30 salaries, wages or other compensation to any COUNTY officer or employee
31 whether a full-time or temporary emp loyee, performing any services
32 hereunder for CITY.
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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, 1973 , and ending on the
30 day of June, 1978 9 . provided that either party may
terminate upon 30 days' written notice.
F. (1) CITY shall, prior to the effective date of this Agreement,
enact ordinances covering the following fields of regulation and enforce-
ment:
(a) A Building Code
(b) A Plumbing Code
(c) An Electrical Code
(d) A Heating Code
(e) A Building Relocation Ordinance
(f) 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
lamount of fees or bonds required, with the corresponding ordinances
I and codes now in force in Orange County.
ITY shall adopt all amendments to said Orange County ordinances
or code:, adopted by the Board of Supervisors, within 120 days after
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request so to do by COUNTY. The Director of Building and Safety, acting
in behalf of the COUNTY, shall not request CITY to adopt amendments which
do not apply to CITY.
if at any time during the term of this Agreement CITY should
amend or adopt an ordinance or code different from the foregoing, COUNTY
shall be immediately advised thereof and the effeci;ive date of such
amendment of such ordinance or code shall be not less than 60 days from
and after the date upon which th e COUNTY has been so advised and has
received a true copy thereof. In the event that the enforcement or
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F 0192-1.2
administration of such amended or new code or ordinance will be at an
increased cost to COUNTY, CITY agrees to pay to COUNTY such increased
costs in addition to any other consideration hereinafter set forth.
(2) COUNTY, through its Director of Building and Safety and
the officers and employees of COUNTY's Building Department, shall furnish
to CITY all services, including insnection and enforcement services,
which the said Building Department now furnishes within the unincorporated
area of COUNTY in consideration of the payments aiid fees hereinafter set
forth.
(3) It is agreed that 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 COUNTY. In the event that
the total of all fees, penalties and forfeitures in a fiscal year shall ex
ceed the costs of the Department of Building and Safety as reflected in
t�ie Auditor -Controller's Appropriation Update during the same fiscal year,
CITY shall receive, annually, a refund of revenues in excess of 106% of
said costs. These costs are exclusive of general COUNTY overhead. Such
refund shall be based on the percentage of revenues collected for work
in the City as compared to all revenues collected by the Department of
Building and Safety.
(4) Upon the expiration or termination of this Agreement,
the amount of any refund will be reduced by the cost of any services
provided.to the CITY after such expiration or termination. The cost of
such services will be based on the Auditor -Controller's latest hourly
rate for building and safety services.
3.
1 IN WITNESS WHEREOF, COUNTY has caused this Agreement to be
2 executed by the Chairman of its Board of Supervisors and attested by
3 the Clerk of said Board, and CITY has caused this Agreement to be executed
41by its Mayor and attested by the City Clerk of said CITY on the dates
5 written opposite their signatures. I
6 Dated: 1973. COUNTY OF ORANGE, a political
subdivision of the State of
7 ATTEST: California
By
Chairman of its Bdard of
Supervisors
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WILLIAM E. ST JOHN
County Clerk and ex -officio Clerk
of the Board of Supervisors of
Orange County, California
By 14'�)
U Deputy
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Dated:.
1973.
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ATTEST -
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City Clerk
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0192-1.2
By
Chairman of its Bdard of
Supervisors