1966-0702_ORANGE, COUNTY OF_Agreement0
A G R E E M E N T
2 THIS AGREEN,�ENT, made and entered into by and between the
,31 COUNTY OF ORANGE, a body corporate and politic, hereinafter referred to
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as COUNTY, and the CITY OF SAN JUAN CAPISTRANO, a municipal corporation,
5 classified as a General Law City situated in the County of Orange,
6, hereinafter referred to as CITY,
71 R E C I T A L S:
8� 1. The City Council of the CITY has heretofore determined to
9: avail itself of certain COUNTY services authorized by Section 51301 of
10, the Government Code of California.
11; 2. The CITY desires to have the COUNTY perform by its appropri-
12�, ate officers and employees CITY functions pertaining to administration
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13 , and enforcement of building and safety and related ordinances, as
14�, hereinafter in this Agreement specifically set forth.
15' 3. The COUNTY, through its Department of Building and Safety,
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�8' 16 and ready to render to the CITY any and all such services
is willing
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5� 171� as are normally performed by the said department upon request of the
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IS'! CITY and upon the terms and convenants subject to the conditions and
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19'1 provisions hereinafter set forth.
20 4. The CITY shall not be under compulsion, except to the extent
21:� specifically required by the terms of this Agreement, to request either
22 all or any specific amount of such services as may be normally rendered
23 by the COUNTY, through its Department of Building and Safety, within
241 the unincorporated area of the COUNTY.
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25: IT IS AGREED in consideration of the mutual covenants herein
261, set fcrth and upon the legislative authority of Section 51301 of the.
27: Government Code of the State of California, as follows:
28 A. The COUNTY, its officers, agents and employees, shall
29, deemed to assume any liability for the negligence of the CITY, or
301 :,-- _-ny officer, agent or employee thereof, nor for any defective or
dangerous condition of the streets or property of the CITY, and the
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F.�031-1
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CITY shall hold the COUNTY and its officers, agents and employees
2 harmless from any claim for damages resulting therefrom.
3 B. CITY and COUNTY shall hold each other harmless from
4 liability for acts or omissions of the other.
5 C. The CITY shall not be liable for the direct payment of
6 any sal�sries, wages or other compensation to any COUNTY officer or
7 1 employee, whether a full-time or temporary employee, performing any
8 services hereunder for the CITY.
9 D. Except as herein otherwise specified, CITY shall not
10 be liable for compensation or indemnity to any such COUNTY officer or
1-, employee for any injury or sickness arising out of his employment.
1-2 E. This Agreement shall become effective on its execution
13 by both parties, and shall continue in full force and effect for five
(5) years; provided, however, that either party hereto may terminate
15 this A-reement at any time by giving thirty (30) days' notice of termi-
16 -ation i- writing to the other party. In the event the CITY desires a
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17' continuance of the services covered by this Agreement, or other services
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18,' W.:,.ich the COUNTY is in a position to render, negotiations therefor shall
19�1 be concluded prior to the expiration date of this Agreement.
20: F. (1) The CITY shall, prior to the effective date of
211 this Agreement, enact ordinances covering the following fields of regu-
22: lation and enforcement:
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(a)
A Building Code
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(b)
A Plumbing Code
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(c)
An Electrical Code
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(d)
A Heating, Ventilation and Refrigeration Code
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(e)
An Excavation and Grading Ordinance
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(f)
A Sign Ordinance
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(g)
A Building Relocation Ordinance
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(h)
A Land Use or Zoning Ordinance
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(i)
A Trailer Park Ordinance (optional)
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2.
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J! It is agreed that such ordinances, except the Sign
2:� ordinance and the Land Use or Zoning Ordinance, will be identical in
3 all material respects with the corresponding ordinances and codes now
4� in force in Orange County including, but not limited to, fees charged
5 for required services.
6 The CITY shall adopt all amendments to said Orange
7 County ordinances or codes, adopted by the Board of Supervisors, except
81 to the Sign Ordinance and the Land Use or Zoning Ordinance, within 120
9 days after request so to do by the COUNTY. The Director of Building
10 and Safety, acting in behalf of the COUNTY, shall not request the CITY
11: to adopt amendments which do not apply to the CITY.
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If at any time during the term of this Agreement the
13'' CITY should amend or adopt an ordinance or code different from the
14 foregoing, the COUNTY shall be immediately advised thereof and the
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15 effective date of such amendment of suca ordinance or code shall be
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0 0 16'�! not less than sixty (60) days from and after the date upon which the
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00 COUNTY has been so advised and has received a -true ccpy thereof.
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18'i (2) The COUNTY, through its Director of Building and
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19! Safety and the officers and employees of the COUNTY's Department of
20i' Buildin- and Safety, shall furnish such services as may be requested
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21:� by the CITY, provided however, that inspection and enforcement functions
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1: performed pursuant to the codes and ordinances enumerated in (a) through
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23' (e) of Paragraph (1), Section F hereof shall be considered a single
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service7 for purposes of this Agreement.
25 (3) (a) The CITY shall transmit to Director of
2611 Building and Safety of the COUNTY a certified copy of all authorizations
27!1 or denials of all variances or use variances together wita a copy of the
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28: applicatlon -and all exhibits, maps, plans and other supporting data to
29� enable the COUNTY, if requested by the CITY, to issue, enforce and
30 admi-ister such Variance or Use Variance Permits.
31 (b) If requested by the CITY, the COUNTY shall
32! i�sue all Variance Permits.
3.
(c) If requested by the CITY, the COUNTY shall
2'� assume responsibility for the --r.forcement of all the terms, provisions
3 and conditions of Variance Permits.
4! (4) If requested by the CITY, the COUNTY shall assume
5�1 responsibility for the enforcement of the L=d Use or Zoning Ordinance
6 of the CITY and in that event the CITY hereby grants to and confers
7: upon the COUNTY all authority necessary for such enforcement.
8 (5) The COUNTY shall collect the fees, penalties and
9 forfeitures called for in the ordinances to which reference is made in
10: Paragraph (1) of Section F of this Agreement, exclusive of (h).
11 (6) Compensation for services requested by the CITY
12 shall be on the basis of actual cost of each service rendered by the
13 COUNTY. Actual costs of services shall be determined by the COUNTY
22:� (7) The COUNTY shall..on a quarterly basis, review
23, all fees collected and costs incurred in connection with performing the
24� services.provided for under this Agreement; and if more is collected in
25ili fees than'is incurred in costs, the surplus fees will be returned to
26,� the CITY. If actual costs incurred exceed the amount collected in fees,
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271" the CITY shall be billed and shall pay the difference.
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281� (8) The CITY shall within ten (10) days aftc-.: z�is
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2911� Agreement becomes effective designate in writing a representat:lve of
30'1 CITY.who shall be authorized to act for CITY in all matters pertaining
31'' to the administration of this Agreement. Services requested from the
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4.
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based on the following factors:
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(a)
Direct labor at productive work hour rates
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(b)
Employee retirement
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(c)
Workmen's Compensation
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(d)
Group insurance
(e)
Reasonable allowance for supervisory costs
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(f)
Mileage and supplies expended in the
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performance of the service
22:� (7) The COUNTY shall..on a quarterly basis, review
23, all fees collected and costs incurred in connection with performing the
24� services.provided for under this Agreement; and if more is collected in
25ili fees than'is incurred in costs, the surplus fees will be returned to
26,� the CITY. If actual costs incurred exceed the amount collected in fees,
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271" the CITY shall be billed and shall pay the difference.
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281� (8) The CITY shall within ten (10) days aftc-.: z�is
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2911� Agreement becomes effective designate in writing a representat:lve of
30'1 CITY.who shall be authorized to act for CITY in all matters pertaining
31'' to the administration of this Agreement. Services requested from the
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4.
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1 ' COUNTY must have the prior authorization of the designated CITY
2 representative.
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3 : IN WITNESS WHEREOF2 COUNTY has caused this Agreement to be
4!: executed by the Chairman of its Board of Supervisors and attested by
5, the Clerk of said Board, and the CITY has caused this Agreement to be
6 1 executed by its Mayor and attested by the City Clerk of said CITY on
7 the dates written opposite their signatures.
9 COUNTY OF ORANCE, a body corporate
and po
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JUL - 51966
DATED. 11966. B 7ZrZ6-Z)
12� :s Board of Supervisors
13 (SEAL)
14, ATTEST:
15 W. E. ST JOHN
IZZ
0'� County Clerk and ex -officio Clerk
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�uv 16� of the Board of Supervisors of
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e County, California
OZZ Orang
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18 By
Deputy
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23 � DATED: 1966.
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25: ATTEST:
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CITY. -DR SAN JUAN CAPIST'�--.NO, a
nrunicip�lVorporation
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F.1031.1 i� 5.
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