01-0701_ORANGE , COUNTY OF_AgreementI
AGREEMENT FOR PROVISION OF
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ENVIRONMENTAL HEALTH SERVICES
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BETWEEN
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COUNTY OF ORANGE
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AND
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CITY OF SAN JUAN CAPISTRANO
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THIS AGREEMENT entered into this 1st day of July 2001, which date is enumerated for purposes
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of
reference only, is by and between the COUNTY OF ORANGE, a political subdivision of the State,
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(COUNTY) and CITY OF SAN JUAN CAPISTRANO a municipal corporation (CITY).
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WITNESSETH:
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WHEREAS, CITY wishes to contract with COUNTY for the provision of Environmental Health
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Services described herein pursuant to Health and Safety Code Section 101400 et seq.; and
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WHEREAS, COUNTY is agreeable to the rendering of such services on the terms and conditions
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hereinafter set forth:
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NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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CONTENTS
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PARAGRAPH
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Title Page ,,,.._,,,'.^,,,,_,,,,,_~,,,__,,,,_,_,_,~^.~,,.,^,,.
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Contents ................................................................................................................
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Alteration 0fTerms ..............................................................................................
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Indemnification ~.~.—~...—.....,~~..,......~.^......'......^...
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Serviceo.—.......^'~..~.'...~^.....`......--.........—~.'...
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Severability ...—......—.....—.....~,......_..................—
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Status of County ....—....—~~...—~~...^—~...'—^...^..~..—.^.
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Tenn ......................................................................................................................
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{X.
Termination ..........................................................................................................
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Waiver ofDefault orBreach .... .......................................... --- ........... .......... .
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Signature Page ......................................................................................................
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EXHIBIT A........................................................................ .................................
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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.
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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.
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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:
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24 City Manager
25 32400 Paseo Adelanto
26 San Juan Capistrano, CA 92675
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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
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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
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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
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1 EXHIBIT A
2 TO AGREEMENT WITH
3 CITY OF SAN JUAN CAPISTRANO
4 FOR
5 ENVIRONMENTAL HEALTH SERVICES
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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:
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Enablin¢
Charge
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Type of Activity
Resolution Ordinance
City User
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Food
6-2.101
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Housing (UHC)
66-3-28-2
Sec. 8-7.01
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et.seq.
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Mobile Home Park
61-10-23-4
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Motel/Hotel
66-3-28-2
Sec. 8-7.01 et.
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Seq.
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Well Construction
Sec. 9-4.109
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(#226)
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Farm Labor
74-821-2;
Sec. 5-6.05
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74-10-16-1
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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
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+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°
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ROLL CALL
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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,
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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