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01-0701_ORANGE , COUNTY OF_AgreementI AGREEMENT FOR PROVISION OF 2 ENVIRONMENTAL HEALTH SERVICES 3 BETWEEN 4 COUNTY OF ORANGE 5 AND 6 CITY OF SAN JUAN CAPISTRANO 7 8 THIS AGREEMENT entered into this 1st day of July 2001, which date is enumerated for purposes 9 of reference only, is by and between the COUNTY OF ORANGE, a political subdivision of the State, 10 (COUNTY) and CITY OF SAN JUAN CAPISTRANO a municipal corporation (CITY). 11 12 WITNESSETH: 13 14 WHEREAS, CITY wishes to contract with COUNTY for the provision of Environmental Health 15 Services described herein pursuant to Health and Safety Code Section 101400 et seq.; and 16 WHEREAS, COUNTY is agreeable to the rendering of such services on the terms and conditions 17 hereinafter set forth: 18 NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 19 20 // 21 // 22 23 24 // 25 // 26 27 28 f( 29 1/ 30 31 32 1/ 33 // 34 // 35 36 37 // } CONTENTS 2 3 PARAGRAPH 4 Title Page ,,,.._,,,'.^,,,,_,,,,,_~,,,__,,,,_,_,_,~^.~,,.,^,,. 5 Contents ................................................................................................................ 6 ]. Alteration 0fTerms .............................................................................................. 7 H. Indemnification ~.~.—~...—.....,~~..,......~.^......'......^... 8 M. NwLcoo.......................—.......—.....—.~..,....—~..., q i\/. t/uymeoto..—.....—.....--...~.......—~...-,....—^....—.'... 10 V. Serviceo.—.......^'~..~.'...~^.....`......--.........—~.'... }| VI Severability ...—......—.....—.....~,......_..................— l2 VH. Status of County ....—....—~~...—~~...^—~...'—^...^..~..—.^. ]] VTlT Tenn ...................................................................................................................... 14 {X. Termination .......................................................................................................... 15 X Waiver ofDefault orBreach .... .......................................... --- ........... .......... . 16 Signature Page ...................................................................................................... {7 18 EXHIBIT A........................................................................ ................................. ]4 V ?A � 2] V 22 2] // 74 � 25 26 77 28 24 30 3 t // 32 // 33 34 // ]5 36 // 37 H PAGE 0 0 1 I. ALTERATION OF TERMS 2 This Agreement, together with Exhibit A attached hereto and incorporated herein by reference, fully 3 expresses all understanding of COUNTY and CITY with respect to the subject matter of this Agreement, 4 and shall constitute the total Agreement between the parties for these purposes. No addition to, or 5 alteration of, the terms of this Agreement, whether written or verbal, shall be valid unless made in 6 writing and formally approved and executed by the parties. 7 8 H. INDEMNIFICATION 9 Each party agrees to indemnify and hold harmless the other party, its officers, agents and employees 10 from all liability, claims, losses and demands, including defense costs, whether resulting from court 11 action or otherwise, arising out of the acts or omissions of the indemnifying party, its officers, agents or 12 employees, or the condition of property used in the performance of this Agreement. Each party agrees to 13 provide the indemnifying party with written notification of any claim within thirty (30) days of notice 14 thereof, to allow the indemnifying party control over the defense and settlement of the claim, and to 15 cooperate with the indemnifying party in its defense. 16 17 III. NOTICES 18 A. Unless otherwise specified, all notices, claims, correspondence, reports and/or authorized or 19 required by this Agreement shall be effective when: 20 1. Written and deposited in the United States mail, first class postage prepaid and addressed as 21 follows: 22 CITY: 23 24 City Manager 25 32400 Paseo Adelanto 26 San Juan Capistrano, CA 92675 27 28 COUNTY: Health Officer 29 County of Orange 30 Health Care Agency 31 515 North Sycamore, 6th Floor 32 Santa Ana, CA 92701 33 2. Faxed, transmission confirmed; or 34 3. Accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel Service, of 35 other expedited delivery service. 36 B. Termination Notices shall be effective when written and deposited in the United States mail, 37 certified, return receipt requested, when faxed, transmission confirmed, or when accepted by U.S. Postal 3of8 0 0 1 Service Express Mail, Federal Express, United Parcel Service, or other expedited delivery service and 2 addressed as specified in subparagraph A. above. 3 C. For the purposes of this Agreement, any notice to be provided by COUNTY may be given by 4 Health Officer. 5 6 IV. PAYMENTS 7 A. In consideration of the services provided hereunder, including demonstration services, CITY g agrees to pay COUNTY the fees or rates adopted by the Orange County Board of Supervisors in effect at 9 the time that such services were rendered. It is understood by the parties that such fees and rates are 10 only for the purpose of meeting COUNTY'S cost associated with providing the services. 11 1. COUNTY shall bill CITY for such services and payment to COUNTY should be released 12 by CITY no later than thirty (30) days after receipt of the billing form. Failure of CITY to reimburse 13 COUNTY may be considered a breach of the terms of this Agreement and may result in termination of 14 this Agreement. 15 2. COUNTY shall give CITY at least sixty (60) days notice of any change in fees or rates to be 16 adopted by the Orange County Board of Supervisors. 17 B. CITY may include, in the adoption of its ordinances, the requirement that COUNTY fees or 18 rates be paid directly by the facility or business (User) requiring the services in order to begin or 19 continue operation, in lieu of CITY. 20 1. In cases where User is to pay the fee or rate directly to COUNTY, CITY shall specify in its 21 ordinances that such fees or rates shall be those adopted by the Orange County Board of Supervisors in 22 effect at the time that such services were rendered. 23 2. COUNTY shall bill User for services provided pursuant to CITY ordinances or resolutions. 24 CITY shall not be responsible for failure of User to reimburse COUNTY. 25 3. COUNTY agrees that collection of such fees or rates shall be accepted as full payment for 26 services rendered in lieu of charges that would otherwise be payable by CITY under the provisions of 27 this Agreement. 28 C. All fees or rates collected by COUNTY from CITY, or Users pursuant to CITY ordinances or 29 resolutions, shall be paid to and deposited in the County Treasury and become property of COUNTY. 30 31 V. SERVICES 32 A. CITY shall designate the Health Officer as the Health Officer of CITY pursuant to Health and 33 Safety Code Section 101460. "Health Officer" means the Health Officer, or designee, of the County of 34 Orange designated by the Orange County Board of Supervisors. C]TY agrees that the Health Officer, or 35 designee, shall have all the powers and authority associated with the position of Health Officer within 36 CITY and shall, at no cost to COUNTY, have access to any and all information and records as well as 37 m 9 • I assistance from officers and employees of CITY necessary to perform the services to be provided 2 pursuant to this Agreement. 3 B. The Health Officer shall perform all environmental health services related to the enforcement of 4 CITY ordinances as specified in Exhibit A to this Agreement. Exhibit A to this Agreement may be 5 amended, by CITY or COUNTY, in writing, to reflect any additions or deletions of CITY ordinances to 6 be enforced by the Health Officer. 7 1. 'Enforcement" means the actions required in order to verify and maintain compliance or g conformance of a facility or business to the ordinances established by CITY in response to Federal, 9 State, County or local rules and regulations. These actions may include, but are not limited to: one or 10 more inspections of a facility or business; written evaluation of the findings; approval or permit 11 issuance, suspension, or revocation as appropriate; and review of any follow-up action as required. 12 2. It is agreed that nothing in this Agreement shall be construed as binding CITY to demand of 13 COUNTY, or as requiring COUNTY to perform, any particular number of inspections or visits. At the 14 Health Officer's sole discretion, services under this Agreement may be denied to CITY if the Health 15 Officer determines that appropriate personnel or other resources are unavailable or the Health Officer 16 does not have legal capacity to act. 17 3. COUNTY shall furnish all necessary labor, supervision, equipment, communication 18 services, facilities, and supplies necessary to perform the level of services to be provided. 19 4. The Health Officer shall not enforce any building code, electrical code, or plumbing code; 20 and shall not enforce any vector control functions assumed by the Orange County Vector Control 21 District for which these functions are provided pursuant to an agreement with COUNTY dated 22 December 17, 1974. 23 C. DEMONSTRATION PROJECTS - CITY may request, and the Health Officer may provide, 24 assistance or a limited demonstration of specific environmental health services which would be 25 applicable to a newly proposed ordinance under consideration of CITY. Such demonstration may be 26 under real or simulated circumstances to aid CITY in defining the manner in which the proposed 27 ordinance enforcement would be provided. It is agreed by the parties that demonstration projects for a 28 specific ordinance shall only be provided once, and shall not exceed twenty-four (24) direct labor hours 29 of the Health Officer. It is further agreed by the parties that demonstration services shall not be provided 30 for any other ordinance, existing or proposed, having the same or similar provisions or objectives as that 31 ordinance for which the demonstration services were provided. 32 33 VI. SEVERABILITY 34 If a court of competent jurisdiction declares any provision of this Agreement or application thereof 35 to any person or circumstances to be invalid or if any provision of this Agreement contravenes any 36 Federal, State, or County statute, ordinance, or regulation, the remaining provisions of this Agreement or 37 H 5of8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 0 0 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. H 6of8 1 2. In the event such funding is subsequently reduced or terminated, COUNTY may terminate 2 this Agreement, or reduce or eliminate services, upon thirty (30) days written notice given CITY. 3 D. The rights and remedies of either party provided in this Termination paragraph shall not be 4 exclusive, and are in addition to any other rights and remedies provided by law or under this Agreement. 5 6 X. WAIVER OF DEFAULT OR BREACH 7 Waiver of any default by either party shall not be considered a waiver of any subsequent default. 8 Waiver of any breach by either party of any provision of this Agreement shall not be considered a waiver 9 of any subsequent breach. Waiver of any default or any breach by either party shall not be considered a 10 modification of the terms of this Agreement. 11 // 12 // 13 // 14 // 15 16 // 17 // 18 // 19 20 // 21 22 // 23 // 24 // 25 // 26 27 28 // 29 // 30 // 31 1/ 32 // 33 34 // 35 // 36 // 37 // 7of8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 IN WITNESS WHEREOF, the parties have executed this Agreement, in the County of Orange, State of California. COUNTY OF ORANGE CITY OF SAN JUAN CAPISTRANO a municipal corporation i BY: z,->� David M. Sw rdlin, Mayor Pro Tem SIGNED AND CERTIFIED THAT A COPY ATTEST: OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD: i5 n oL n � �`� ;•- --mil � � � DARLENE J. BLOO] Clerk of the Board of of Orange County, CE Date APPROVED AS TO FORM: LAURENCE M. WATSON, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA At 7 -17-0( CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY Date BY: 5,/ A& ,5&"2 BY: DEPUTi ate tDate ®.' 1 EXHIBIT A 2 TO AGREEMENT WITH 3 CITY OF SAN JUAN CAPISTRANO 4 FOR 5 ENVIRONMENTAL HEALTH SERVICES 6 7 The Health Officer will provide environmental health services specified in Services Paragraph of 8 this Agreement as they relate to the following ordinances of CITY: 9 10 Enablin¢ Charge 11 Type of Activity Resolution Ordinance City User 12 Food 6-2.101 X 13 Housing (UHC) 66-3-28-2 Sec. 8-7.01 14 et.seq. 15 Mobile Home Park 61-10-23-4 X 16 Motel/Hotel 66-3-28-2 Sec. 8-7.01 et. X 17 Seq. 18 Well Construction Sec. 9-4.109 X 19 (#226) 20 Farm Labor 74-821-2; Sec. 5-6.05 X 21 74-10-16-1 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 1 1 of 1 EXHIDU A 32400 PASEO ADELANTO SAN JUAN CAPISTRANO, CA 92675 (949) 493-1171 (949) 493-1053 (FAX) www.sanjUancapistrano.org July 19, 2001 • +num"n � 1961 1776 NOTIFICATION OF CITY COUNCIL ACTION MEMBERS OF THE CITY COUNCIL DANE L. BATHGATE JOHNS. GELFF JOHN GREINER WYATT HART OAND M. SWERDUN CITY MANAGER GEORGE SCARBOROUGH On July 17, 2001 the City Council of San Juan Capistrano met regarding: "Consideration of Renewal of Health Services Agreement with County of Orange Environmental Health Services." The following action was taken at the meeting: "Health Services agreement with the County of Orange Health Care Agency commencing July 1, 2001 approved; and the Mayor authorized to execute the agreement." The following document is enclosed. Please return one executed original to my attention when it is available. Health Services Agreement If you have any questions regarding this action, please contact Jennifer Murray, Assistant City Manager at 443-6319 for more detailed information. Thank you, Meg M a an, City Clerk Cc: Jennifer Murray, Assistant City Manager "1/! DRU9 USE 1S Suri Jimn C opi.rtrat)o: Precervitig the Pact to Eilham e the / rrtun° 0 ROLL CALL L AYES: Council Members Greiner, Gelff and Mayor pro tem Swerdlin NOES: None ABSTAINING: Council Member Bathgate ABSENT: Mayor Hart 3. ACCOUNTS PAYABLE WARRANTS DATES JUNE 28, 2001 ($1,582,624.35) RECEIVED AND FILED (300.30) 4. CASH BALANCES BY FUND FOR APRIL 30, 2001 REPORT RECEIVED AND FILED (330.50) 5. STATUS OF NEW DEVELOPMENT APPLICATIONS REPORT RECEIVED AND FILED (440.10) 6. FIRST AMENDMENT TO LICENSE AGREEMENT WITH LOVE LIVESTOCK COMPANY APPROVED (600.30) 7. AMENDMENT TO AGREEMENT WITH J. L. PATTERSON AND ASSOCIATES FOR DESIGN SERVICES FOR THE VEREDA BIKEWAY UNDERCROSSING OF THE LOSSAN RAIL CORRIDOR IN THE AMOUNT OF $42,750 APPROVED (CIP NO. 124) (J. L. PATTERSON AND ASSOCIATES) (600.30) 8. PLANS AND SPECIFICATIONS FOR THE EL CAMINO REAUSPRING STREET STORM DRAIN APPROVED; STAFF AUTHORIZED TO RECEIVE BIDS (CIP NO. 145) (600.30) 9. HEALTH SERVICES AGREEMENT WITH THE COUNTY OF ORANGE HEALTH CARE AGENCY COMMENCING JULY 1, 2001 APPROVED; MAYOR AUTHORIZED TO EXECUTE AGREEMENT (600.50) PUBLIC HEARINGS 1. AMENDMENT TO THE MUNICIPAL CODE RELATED TO COMMERCIAL FILMING ACTIVITIES PUBLIC HEARING CONTINUED TO AUGUST 21, 2001 (585.90) Project Description: Introduction of an Ordinance regulating filming activities in the City. CC Minutes 4- 07-17-01 V, • AGENDA ITEM July 17,2001 TO: George Scarborough, City Manager FROM: Jennifer Murray, Assistant City Manager SUBJECT: Consideration of Renewal of Health Services Agreement with County of Orange Environmental Health Services RECOMMENDATION: By motion, approve the Health Services Agreement with the County of Orange Health Care Agency commencing July 1, 2001 and authorize the Mayor to execute the Agreement. SITUATION: The Health Services Agreement between the City of San Juan Capistrano and the County of Orange expired June 30, 2001, but our service from them has continued in the interim without interruption. The proposed agreement provides for the enforcement of City health and sanitation ordinances and is similar to the agreements which the City has entered into in the past with the County for health services. Past agreements were for a five-year term, if approved, this Agreement will remain in effect until which time it is terminated by either party with a sixty (60) day notice. As on prior agreements, fees for services are not paid by the City. Instead, costs for health inspection services are borne by the user. This arrangement has worked satisfactorily. Exhibit A of the agreement lists the type of activity for which the county Health Care Agency provides services within the City. The types of activity include inspection services for farm labor operations, food preparation and sale, housing (Uniform Housing Code), mobile home park, motel and hotel, and well construction inspection services. Past Agreements covered inspection services for mobile food preparation vehicles and mobile x-ray vehicles, these services are no longer necessary as they are now covered by state law which supersedes local ordinances. Any inspections required will be handled by state authorities. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS: Not applicable FOR CITY COUNCIL AGENp•. DI It 0 Agenda Item NOTIFICATION -2- P July 17, 2001 Patricia Gentry, Program Manager, Orange County Health Department Specialized Programs ALTERNATE ACTIONS: By motion, approve the Health Services Agreement with the County of Orange Health Care Agency commencing July 1, 2001 and authorize the Mayor to execute the Agreement. By motion, approve the Health Services Agreement with the County of Orange Health Care Agency commencing July 1, 2001 and authorize the Mayor to execute the Agreement subject to modifications. Refer to staff for further review. RECOMMENDATION: By motion, approve the Health Services Agreement with the County of Orange Health Care Agency commencing July 1, 2001 and authorize the Mayor to execute the Agreement. Respectfully submitted, nnifer Murra ssistant CM Attachment: Health Services Agreement CAI JENNIFEMAgenda Item \Health Sem Agnnent.wpd 0 Dawn Schanderl From: Judi Russi Sent: Monday, November 05, 2001 11:43 AM To: Dawn Schanderl Subject: RE: Health Services Agreement - County of Orange Yes. I'll contact my guy there. Thanks. Jud% Russ% Administrative Assistant CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano CA 92675 949/443-6313 FAX: 949/488-3874 -----Original Message ----- From: Dawn Schanderl Sent: Monday, November 05, 2001 11:36 AM To: Judi Russi Subject: Health Services Agreement - County of Orange 0 I haven't received a signed original of the Health Services Agreement approved by Council 7/17/01. It was a Jennifer item. Would you be the person to track it down? Thanks dms