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1961-0627_ORANGE, COUNTY OF_Agreement (2)1 2 3 4 5 0 7 8 9 10 11 12 131 14 is 2 Z 4 91 17 ]a 19 20 21 23 24 26 26 27 28 29 30 31 32 I. ' I I- I - - F I , - 7 1 - -1 - I I . - I - I- 0 A G R E E M E N T THIS AGREEMENT, made and entered into by and between the COUNTY OF ORANGE, a body corporate and politic, hereinafter referred to as COUNTY, and the CITY OF US JW CAPISTUM j a municipal corporation, classified as a General Law City situated in the County of Orange, hereinafter referred to as CITY, R E C I T A L S: 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 *ppro- priate officers and employees CITY functions pertaining to administra- tion and enforcement of building and safety and related ordinances, as hereinafter in this Agreement specifically set forth. 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 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 5L301 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, norfor any defective or dangerous condition of the streets or property of the CITY, and the CITY shall hold the COUNTY and its officers, agents and employees I . harmless from any claim for damages resulting therefrom. 2 B. CITY and COUNTY shall hold each other harmless from 3 liability for acts or omissions of the other. 4 C. The CITY shall not be liable for the direct payment of 5 any salaries, wages or other compensation to any COUNTY officer or a employee, whether a full-time orbemporary employee, performing any 7 services hereunder for the CITY. 8 D. Except as herein otherwise specified, CITY shall not be 9 liable for compensation or indemnity to any such COUNTY officer or 10 employee for any injuryor sickness arising out of his employment. 11 E. This Agreement shall become effective on its execution 12 by both parties, and shall continue in full force and effect for five 13 (5) years; provided, however, that either party hereto may terminate 14 this Agreement at any time by giving 120 days' notice of termination 1b in writing to the other party. In the event the CITY desires a con - is tinuance of the services covered by this Agreement, or other services 17 which the COUNTY is in a position to render, negotiations therefor is shall be concluded prior to the expiration date of this Agreement. 19 F. (1) The CITY shall, prior to the effective date of 20 this Agreement, enact ordinances covering the following fields of 21 regulation and enforcement: 22 (a) A Building Code 23 (b) A Plumbing Code 24 (c) An Electrical Code 25 (d) A Heating Code 26 (e) A Building Relocation Ordinance 27 M A Land Use or Zoning Ordinance 28 (g) A Trailer Park Ordinance (optional) 29 It is agreed that such ordinances, except the Land Use 30 or Zoning Ordinance, will be identical in all material respects with 31 the corresponding ordinances and codes now in force in Orange County 32 including, but not limited to, fees charged for required services. 2. 11 3 4 7 a 9 10 11 12 13 14 17 wt` 19 20 81 23 24 20 26 27 28 29 30 31 32 The CITY shall adopt all amendments to said Orange County ordinances or codes, adopted by the Board of Supervisors, except to the Land Use or Zoning Ordinance, within 120 days after request so to do by the COUNTY. The Superintendent 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 sixty (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 Superintendent of Building and Safety and the officers and employees of the CO(JNTY'S Building Department, shall furnish to the CITY all services, including inspec- tion and enforcement services, which the said Building Department now furnishes within the unincorporated area of the COUNTY in consideration of the payments and fees hereinafter set forth. (3) (a) The CITY shall transmit to the Superintendent of Building and Safety of the COUNTY a certified copy of all authoriza- tions or denials of all variances or use variances together with a copy of the application and all exhibits, maps, plans and other supporting data to enable the COUNTY to issue, enforce and administer such Variance ilor Use Variance Permits. (b) The COUNTY shall issue all Variance Permits. (c) The COUNTY shall assume responsibility for jIthe enforcement of all the terms, provisions and conditions of Variance IPermits. 3. 3 4 7 a 9 10 11 12 13 14 811 15 188, 16 if 0 17 19 20 21 22 23 24 25 28 27 28 29 30 31 32 0 I-] (4) The COUNTY shall assume responsibility for the enforce- ment of the Land Use or Zoning Ordinance of the CITY and the CITY hereby grants to and confers upon the COUNTY all authority necessary for such enforcement. (5) The COUNTY shall collect the fees, penalties and forfeitures called for in the ordinances to which reference is made in Paragraph (1) of Section F of this Agreement, exclusive of (f). The CITY agrees that the COUNTY shall retain such fees, penalties and for- feitures as compensation for services to be rendered by the COUNTY hereunder. It is further provided, however, that the COUNTY shall, on a quarterly basis, review all fees collected and costs incurred in connection with performing the services provided for under this Agree- ment; and if more is collected in fees than is incurred in costs, the surplus fees will be returned to the CITY. If actual costs incurred exceed the amount collected in fees, the CITY shall be billed and shall pay the difference. (6) It is agreed that the fees to be charged by the COUNTY under this Agreement, whether specifically covered by CITY ordinance or charged and collected directly by the COUNTY shall be in accordance with the applicable ordinances of CITY as set forth in Paragraph (1) of Section F of this Agreement. (7) CITY shall within ten (10) days after this Agreement becomes effective designate in writing a representative of CITY who shall be authorized to act for CITY in all matters pertaining to the administration of this 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 4. 1 2 3 4 7 8 9 10 11 121 13 14 115 is 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 321 P '' , . 0 executed by its Mayor and attested by the City Clerk of said CITY on the dates written opposite their signatures. COUNTY OF ORANGE, a body corporate and politic DATED: (�Al, a '7 o 1961. y (SEAL) ATTEST: L. B. WALLACE County Clerk and ex -officio Clerk of the Board of Supervisors of Orange County, California By 22L�� Chairman ot its board of Super- visors DATED - June 26 , 1961. ATTEST: IL _-e e Gity GJerk CITY OF My JM C&ISTOAM 5.