HomeMy WebLinkAboutAGMT - Orange County Health Care Agency (Environmental Health Svcs) 0S
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1 :AGREEMENT; Fog . PROVISION . OF �;M
2 ENVIRONMENTAL HEALTH SERVICES
3 BETWEEN
4 COUNTY OF ORANGE
5 AND
6 CITY OF SEAL BEACH
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 SEAL BEACH 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:
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1 CONTENTS
2
3 PARAGRAPH PAGE
4 Title Page 1
5 Contents 2
6 I. Alteration of Terms 3
7 II. Indemnification 3
8 III. Notices 3
9 IV. Payments 4
10 V. Services 4
11 VI. Severability 5
12 VII. Status of County 6
13 VIII. Term 6
14 IX. Termination 6
15 X. Waiver of Default or Breach 7
16 Signature Page 8
17
18 EXHIBIT A 1 Page
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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.
7
8 II. 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 parry 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
25 211 8 Street
26 Seal Beach, CA 90740
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
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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.
5
6 IV. PAYMENTS
7 A. In consideration of. the services provided hereunder, including demonstration .services, CITY
8 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 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. CITY 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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1 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
8 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.
1.7 . 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 newlyy 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
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1 the application thereof shall remain valid, in full force and effect, and to that extent the provisions of this
2 Agreement are severable.
3
4 VII. STATUS OF COUNTY
5 COUNTY shall be wholly responsible for the manner in which it performs the services required of it
6 by the terms of this Agreement. COUNTY is entirely responsible for compensating staff and consultants
7 employed by COUNTY. This Agreement shall not be construed as creating the relationship of employer
8 and employee, or principal and agent, between COUNTY and CITY or any of COUNTY'S employees,
9 agents, or subcontractors. COUNTY assumes exclusively the responsibility for the acts of its
10 employees, agents or subcontractors as they relate to the services to be provided during the course and
11 scope of their employment. COUNTY, its employees, agents, or subcontractors, shall not be entitled to
12 any rights or privileges of CITY employees and shall not be considered in any manner to be CITY
13 employees.
14
15 VIII. TERM
16 A. The term of this Agreement shall commence on July 1, 2001 and shall remain in effect until
17 such time as it is teiiainated in accordance with the Termination Paragraph of this Agreement; provided, '
18 however, the parties shall be obligated to perform such duties as would normally extend beyond this
19 term, including but not limited to, obligations with respect to confidentiality, indemnification, audits,
20 reporting and accounting.
21 B. In the event of termination of this Agreement, the Health Officer shall have no obligation to
22 enforce any ordinance of CITY.
23
24 IX. TERMINATION :.
25 A. Either party may terminate this Agreement, without cause, upon sixty (60) days written notice
26 given the other party.
27 B. Either party may terminate this Agreement upon five (5) days written notice given the other, if
28 either party fails to perform any of the terms of this Agreement, provided the allegedly breaching party
29 has been given written notice of the alleged breach, and has failed to cure the alleged breach within
30 thirty (30) days.
31 C. CONTINGENT FUNDING
32 1. Any obligation of COUNTY under this Agreement is contingent upon the following:
33 a) The continued availability of Federal, State or COUNTY funds for reimbursement of
34 COUNTY'S expenditures, and
35 b) Inclusion of sufficient funding for the services hereunder in the applicable budget
36 approved by the Board of Supervisors.
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1 2. In the event such funding is subsequently reduced or terminated, COUNTY may teuuinate
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 Teiuiination 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.
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1 IN WITNESS WHEREOF, the parties have executed this Agreement, in the County of Orange,
2 State of California.
3
4 COUNTY OF ORANGE CITY OF SEAL BEACH
5 a municipal corporation
6 /
7 BY: �/ BY: /
8 CHL OF THE BOARD OF S 'ERVISORS • • OR
9
10
11
12
13 SIGNED AND CERTIFIED THAT A COPY ATTEST:
OF THIS DOCUMENT HAS BEEN DELIVERED
14 TO THE CHAIR OF THE BOARD: (°v"
15 n t `,
16 r ''o n'
17 /d 7 - Au
DARLENE J. BLOOM Date CITY CL RK Date
18 Clerk of the Board of Supe isors
19 of Orange County, California
20
21
22
23
24 APPROVED AS TO FORM: APPROVED AS TO FORM:
LAURENCE M. WATSON, COUNTY COUNSEL CITY ATTORNEY
25
ORANGE COUNTY, CALIFORNIA
26
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28 BY: /44.-Lifiec_
29 DEPUT Date Date
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1 EXHIBIT A
2 TO AGREEMENT WITH
3 CITY OF SEAL BEACH
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 Enabling Charge
11 Type of Activity Resolution Ordinance City User
12 Food Ch. 9A X
13 Housing (UHC) Sec. 5-34
14 (#1398; #1401)
•
15 Massage Establishment Ch. 12 (#1179; X
16 #1198; #1387)
17 Mobile Home Park. Ch. 24 (#926) X
18 Motel/Hotel Sec. 5-34 X
19 (#1398; #1401)
20 Well Construction Ch. 27 (#919) X
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1 of 1 EXHIBIT A
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HCA ENVIRONMENTAL HEAL •
FEE SCHEDULE - 7/01 • Prepared by: Accounting Unit
PGM
ELEM I CODEIELEM CODE DESCRIPTION/CATEGORY I JUL 1 T I OCT O1ST f JAN O1ST APR O1ST I LATE FEE
PUBLIC SWIMMING AND SPA POOL REINSPECTION FEE: Y N
8361 2ND REINSPECTN OR GREATER(PER HOUR OR FRACTION THEREO. 85.00 Y N
B362 OT-2ND REINSPECTN OR GREATER(PER HOUR OR FRACTION) 128.00
42.44 4244 LIQUID WASTE VEHICLE FEE 286.00 214.50 143.00 71.50 Y Y
PLAN CHECK FEES
*NEW FOOD FACILITY PLAN CHECK AND CONSTRUCTION INSPECTION:
Construction for Food Establishment(Restaurants,Bars,Private School Cafeterias,Hospital Kitchen)
17 Under 2000 sq. ft. 948.00 :::11::::
17 2000-5999 sq. ft. 1,063.00 : ::
17 6000-29999 sq.ft. 1,110.00 :::: ::::
30000 sq.ft.and over 1,357.00 — :::: : '
Construction for Food Establishment/Food Processing,Retail Unpackaged Food Stores,Wholesale 8
Retail Bakeries,and Unpackaged Food Commissaries 913.00 :':: :
17 Under 2000 sq.ft. 975.00 $::>:'
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17 2000-5999 sq. ft. 1,280.00 :;:::14:-:.:
17 6000-29999 sq.ft. 1,365.00 :-`? .`.
17 30000 sq.ft.and over
17 Pre-packaged Retail Food Stores,Food Warehouses/Pre-packaged Food Vehicle Commissaries '
17 ..,.
Under 2000 sq.ft. 456.00
489.00 :`'N:2
17 2000-5999 sq.ft. 635.00 :'::?d:::
17 6000-29999 sq.ft. 683.00 ;:
i7 30000 sq. ft.and over
17 Construction for Satellite Food Distribution Facility: 229.00 :':' :'::
17 All Prepackaged Food 456.00
17 Unpackaged Food
171.00 ::::N::::
15 Food Vehicles/Carts
**REMODEL PLAN CHECK AND CONSTRUCTION INSPECTION FOR
EXISTING FOOD ESTABLISHMENTS:
Area of Remodel .... .
17 1-100 sq.ft. 468.00 ":K>:
prepared by: AccounnUna cn
HCA ENVIRONMENTAL HEALTI• [1
FEE SCHEDULE - 7/01
Sweeps I ENV - I FROM FROM I FROM FROM ss I IR .
PE PE I DESCRIPTION/CATEGORY JUL 1ST OCT 1ST 1 JAN 1ST I APR 1ST I u'ret FEE
16.02 HOTEL/MOTEL COMP FOOD
16.02 0021 UNDER 31 PERSONS 399.00 299.25 199.50 99.75 Y Y
16.02 0022 31 TO 60•PERSONS 465.00 348.75 232.50 116.25 Y Y
16.02 0023 61 TO 100 PERSONS 506.00 379.50 253.00 126.50 Y Y
16.02 0024 101 TO 150 PERSONS . 506.00 379.50 253.00 126.50 Y Y .
16.02 , 0025 151 TO 200 PERSONS . 506.00 379.50 253.00 126.50 Y Y
_ 16.02 0026 OVER 200 PERSONS 506.00 379.50 253.00 126.50 Y Y
HOTEL/MOTEL FOOD SERVICE _
16.03 0031 LLMITED FOOD SERVICE (Fee Exempt) 0.00 0.00 0.00 0.00 •
16.04 0042 BED&BREAKFAST(5 Rooms or less) 118.00 88.50 59.00 50.00 Y , Y
16.05 0041 BED&BREAKFAST(6 Rooms or morel 0.00 0.00 0.00 0.00 Y Y
16.08 CONFECTIONERY
16.08 0341 1,999 SQ.FT.OR LESS 164.00 123.00 82.00 50.00 Y Y
16.08 0342 2.000 TO 5,999 SQ.FT. 227.00 170.25 113.50 56.75 Y Y •
16.08 0343 6.000 SOFT.&OVER 248.00 186.00 124.00 62.00 Y Y
16.10 .•• MEAT MARKETS
16.10 0321 1,999 SQ:FT.OR LESS 491.00 368.25 245.50 122.75 Y Y • .
16.10 0322 2.000 SQ.FT.&OVER 512.00 384.00 256.00 128.00 Y Y
16.11 RETAIL GROCERY/SUPERMARKET 444.00 333.00 222.00 11.00 Y Y
16.1 1 0311 1,999 SQ.FT.OR LESS
16.11 0312 2,000 TO 5.999 SQ.FT. 636.00 477.00 318.00 159.00 Y Y
16.11 0313 6,000 TO 29,999 SQ.FT. 701.00 525.75 350.50 175.25 Y Y
16.11 0314 30.000 SQ.FT.&OVER 749.00 561.75 374.50 18725 Y Y
16.12 SUPERMARKET/BAKERY COMBINATION 785.00 588.75 392.50 196.25 Y Y
16.12 0301 1,999 SQ.FT.OR LESS
16.12 0302 2.000 TO 5,999 SQ.FT. 976.00 732.00 488.00 244.00 Y Y
16.12 0303 6,000 TO 29.999 SQ.FT. • 1,043.00 782.25 521.50 260.75 Y Y
16.12 . 0304 30.000 SOFT.&OVER 1.123.00 842.25 561.50 280.75 Y Y
OUTDOOR SWAPMEET/PREPACKAGED FOOD STAND(SITE)
' 16x4'..'0141: OUTDOOR SWAPMEET SITE , 0.00
16.16 ..:: :E: ::: .
:OUTDOOR SWAPMEET/PREPACKAGED FOOD STAND(PER SITE)
...•..:
1616 0142.::90 DAYS OR LESS 85.00 85.00 85.00 35.00 :.:.N::::.:.24.:-
16.16 - .•0143:: •ONE YEAR FROM DATE OF ISSUANCE* 150.00 150.00 150.00 150.00 N :':Y'•
16.17 ":::: LIMITED-FOOD DEMONSTRATION > '`'
16.17 >0711:;: [-4 BOOTHS 140.00 14000 [40.00 140.00 :cN:::>' N.:
16.17 0712:_:: 5-25 BOOTHS.- 168.00 168.00 168.00 168.00 N :N•:
16.17 ;:;0713:,:: 26-100 BOOTHS 266.00 266.00 266.00 266.00 N ::N:::
16.17 :0714 101-200 BOOTHS 491.00 491.00 491.00 49100 N ::N:::
16.17 '0715-'>OVER 200 BOOTHS 519.00 519.00 519.00 519.00 N <:.N' .
16.20 TAVERNS/BARS (ON SALE BAR) 308.00 231.00 154.00 77.00 Y Y
16.20 0171 UNDER 31 PERSONS
16.20 0172- 31 TO 60 PERSONS 356.00 267.00 178.00 39.00 Y Y
16.20 0173 61 TO 100 PERSONS 383.00 257.25 191.50 95. 5 Y Y
16.20 0174 101 TO 150 PERSONS 419.00 314.25 209.50 104.75 Y Y
16.20 0175 151 TO 200 PERSONS 485.00 363.75 242.50 121.25 • Y Y
16.20 0176 OVER 200 PERSONS 524.00 393.00 262.00 131.00 Y Y
16.22 RESTAURANTS
16.22 0111 UNDER 31 PERSONS 399.00 299.25 199.50 99.75 Y Y
16.22 0112 31 TO 60 PERSONS 465.00 34835 232.50 116.25 Y Y
16.22 0113 61 TO 100 PERSONS 506.00 379.50 253.00 126.50 Y Y
16.22 0114 101 TO 150 PERSONS 558.00 418.50 279.00 139.50 Y Y
16.22 0115 151 TO 200 PERSONS . 647.00 485.25 323.50 161.75 Y Y
76.22 0116 201 AND OVER
706.00 ' 529.50 • 353.00 176.50 Y Y .
16.23/25 SATELLITE FOOD DISTRIBUTION FACILITY
16.23 0231 ALL PREPACKAGED FOOD 166.00 124.50 83.00 50.00 Y Y
16.__
0251 UNPACKAGED FOOD 308.00 2_31.00 154.00 '7 00 Y Y .
10.24 0241 CENTRALIZED UTENSIL WASH FACILIT 166.00 124.50 83.00 30.00 Y Y
HCA ENVIRONMENTAL HEALTH. FEE SCHEDULE - 7/01 • Prepared by: Accounting Unit
Sweeps f ENV I DESCRIPTION/CATEGORY I JUL 1ST I OCT 1 ST JAN 1ST.I APROIST I!ATE FEE
16.32 I 0191 PUBLIC SCHOOL(EXEMPT-UNPACKAGED: 0.00 0.00 0.00 0.00 Y Y •
16.33 0192 .PUBLIC SCHOOL (EXEMPT- PACKAGED) 0.00 0.00 0.00 0.00 Y Y
16.42 :i : OFF-SITE FOOD SALES (DOOR-TO-DOOR PREPACKAGED FOOD VENDING)
16.42 0421;:: 1-4 ROUTES 140.00 105.00 70.00 50.00 Y Y
16.42 24122.::: 5-25 ROUTES 168.00 126.00 84.00 50.00 Y Y
16.42 <0423:::: 26-100 ROUTES 266.00 199.50 133.00 66.50 Y Y
16.42 :0424>: 101-200 ROUTES 491.00 368.25 245.50 122.75 Y Y' •
1642 ::::0425:: OVER 200 ROUTES . . 519.00 389.25 259.50 129.75 Y Y
16.42 :::::_:OFF-SITE FOOD SALES (BEER DISPENSING VEHICLES)
16.42 :::14.21.::•:. 1-4 ROUTES 140.00 105.00 70.00 50.00 Y Y
16.42 0422:;: 5-25 ROUTES 168.00 126.00 84.00 50.00 Y Y
16.42 ::•D423:=:= 26-100 ROUTES • ' . 266.00 199.50 ' 133.00 66.50 Y Y
16.42 ::•0424;:: 101-200 ROUTES . 491.00 368.25 245.50 122.75 Y Y .
16.42 • 0425:?OVER 200 ROUTES 519.00 389.25 259.50 129.75 Y Y
•16.44 VENDING MACHINES
16.44 0151 l TO 4 MACHINES 81.00 60.75 50.00 50.00 Y Y
16.44 0152 5 TO 25 MACHINES 98.00 73.50 50.00 50.00 Y Y
16.44 0153 26 TO 100 MACHINES 155.00 116.25 77.50 50.00 Y Y
1644 0154 101 TO 200 MACHINES 286.00 214.50 143:00 71.50 Y Y
16.44 0155 OVER 200 MACHINE. 301.00 225.75 150.50 75.25 Y Y
16.45 PACKAGED FOOD VEHICLE COMMISSARY .
16.45 0451 1,999 SQ.FT.OR LESS 166.00 124.50 83.00 50.00 Y Y
16.45 0452 2,000 TO 5,999 SQ.FT. 232.00 174.00 116.00 58.00 Y Y
16.45 0453 6,000 TO 29,999 SQ.FT. 253.00 189.75 126.50 63.25 Y Y
16.45 0454 30,000 SQ.FT.&OVER 274.00 205.50 137.00 68.50 Y Y
16.46 UNPACKAGED FOOD VEHICLE COMMISSARY
16.46 0461 1,999 SQ.FT.OR LESS 374.00 280.50 187.00 93.50 . Y Y
16.46 0462 2,000 TO 5,999 SQ.FT. 683.00 512.25 341.50 170.75 Y Y
16.46 0463 6,000 TO 29,999 SQ.FT. 926.00 694.50 463.00 231.50 Y Y
16.46 0464 30,000 SQ.FT. &OVER 1,003.00 752.25 501.50 250.75 Y Y
16.47 PACKAGED WAREHOUSE/COMMISSARY
16.47 0901 1,999 SQ.FT. OR LESS • 166.00. 124.50 83.00 50.00 Y Y
16.47 0902 2,000 TO 5,999 SQ.FT. 232.00 174.00 116.00 58.00 Y Y
16.47 0903 6,000 TO 29,999 SQ.FT. 253.00 189.75 126.50 63.25 Y Y
1647 0904 30.000 SQ.FT. &OVER 274.00 205.50 137.00 68.50 Y Y
16.50 RETAIL BAKERY
16.50 0501• 1,999 SQ.FT.OR LESS 407.00 305.25 203.50 101.75 Y Y
16.50 0502 2,000 TO 5,999 SQ.FT. 581.00 435.75 290.50 145.25 Y Y -
16.50. 0503 6.000 SQ.FT. &OVER 641.00 480.75 320.50 160.25 Y Y
16.51 COLD BAKERY -
16.51 0411 1,999 SQ.FT.OR LESS 169.00 .126.75 84.50 50.00 Y Y
16.51 0412 2,000 TO 5,999 SQ.FT. 236.00 177.00 118.00 59.00 Y • Y
16.51 0413 6,000 SQ.FT.&OVER 260.00 195.00 130.00 65.00 Y Y
16.52 WHOLESALE BAKERY
16.52 0521 1,999 SQ.FT.OR LESS 491.00 368.25 245.50 122.75 Y Y
16.52 0522 2.000 TO 5,999 SQ.FT. 809.00 606.75 404.50 202.25 Y Y
16.52 0523 6.000 TO 29.999 SQ.FT. 1,005.00 753.75 502.50 _ 251.25 Y Y
16.52 0524 30,000 SOFT.&OVER 1.153.00 864.75 576.50 288.25 • Y Y
16.55 PROCESSING PLANT (UNPACKAGED FOOD PROCESSING/COMMISSARY)
16.55 0921 1.999 SQ.FT. OR LESS 374.00 280.50 187.00 93.50 Y Y
1655 0922 2,000 TO 5,999 SQ.FT. 683.00 512.25 341.50 170.75 Y Y
16.55 0923 6,000 TO 29,999 SQ.FT. 926.00 694.50 463.00 231.50 Y Y
16.55 0924 30,000 SQ.FT.&OVER 1.003.00 752.25 501.50 250.75 Y Y
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HCA ENVIRONMENTAL HEALTH FEE SCHEDULE - 7/01 ® Prepared by: Accounting Unit FROM PGM ELEM PE I DESCRIPTION/CATEGORY I JUL 1S I OCT 1ST I JAN 1ST I APR 1 T I LATE I FEE
16.58 FOOD SALVAGER
16.58 0491 PACKAGED FOOD ONLY • 332.00. 249.00 166.00 83.00 Y Y
16.58 0492 UNPACKED OR REPACKAGED • 709.00 531.75 354.50 177.25 Y Y
16.59 0910 PACKING SHED 286.00 214.50 143.00 71.50 Y Y
16.62 PROCESSING PLANT (USDA INSPECT) 50%n.of 1655
'16.62 0941 1,999 SQ.FT. OR LESS 187.00 140.25 93.50 50.00 Y Y
16.62 0942 2,000 TO 5,999 SQ.FT. 342.00 256.50 171.00 85.50 Y Y
16.62 0943 6,00C TO 29.999 SQ.FT. 46100 347.25 231.50 115.75 Y• Y
16.62 0944 30.000 SQ.FT.&OVER 502.00 376.50 251.00 125.50 Y Y
16.68 0930 ICE PLANT 198.00 148.50 99.00 50.00 Y . Y
16.70 TEMPORARY FOOD FACILITY AT A SINGLE EVENT --:
16.70 0730 EVENT COORDINATOR IPendin°Admin approval 110.00 110.00 110.00 110.00 :::::N_`:; N
16.70 0732 PREPACKAGED FOOD&BEVERAGE • 45.00 45.00 45.00 45.00 :::::N:_ ::N:
16.70 0733 UNPACKAGED FOOD&BEVERAGE 92.00 92.00 92.00 92.00 ::21.4;:2:::N:
TEMPORARY FOOD FACILITY AT A RECURRING EVENT :2::>::>%:::
16.74 0741 EVENT,COORDINATOR (Pendina Admin approval) 166.00 166.00 166.00 166.00 :::N_:::::N:;
16.75 0751 PREPACKAGED FOOD&BEVERAGE 67.00 67.00 67.00 67.00 ::. N:: ::I9::
16.76 0761 UNPACKAGED FOOD&BEVERAGE 136.00 136.00 136.00 136.00 ::::N::::::::K::
16.78 0781 CERTIFIED FARMERS MARKET(CFM) 166.00 124.50 83.00 - 50.00 N N
16.79 0791 OCCASIONAL EVENT(EXEMPT &DAR PURPOSE ONLY)
16.80 CATERING
16.80 0121 1,999 SQ.FT.OR LESS 398.00 298.50 199.00 99.50 Y Y
16.80 0122 2,000 TO 5,999 SQ.FT. 464.00 348.00 232.00 116.00 Y Y
16.80 0123 6,000 SQ.FT.OR MORE 506.00 379.50 253.00 126.50 Y Y
16.82/83 PRIVATE SCHOOLS
16.82 0181 UNPACKAGED 399.00 299.25 199.50 99.75 Y Y .
16.83 0201 PACKAGED 85.00 63.75 50.00 • 50.00 Y Y
16.90 HOSPITAL KITCHEN
16.90 0481 UNDER 31 BEDS 404.00 303.00 202.00 101.00 Y Y
16.90 0482 31 TO 60 BEDS 479.00 359.25 239.50 119.75 Y Y
16.90 0483 61 TO 100 BEDS 525.00 393.75 262.50 131.25 Y Y
16.90 0484 101 TO 150 BEDS 584.00 438.00 292.00 146.00 Y Y
16.90 0485 151 TO 200 BEDS 674.00 505.50 337.00 168.50 Y Y
16.90 0486 OVER 200 BEDS 733.00 549.75 366.50 183.25 Y Y
16.91 . SKILLED NURSING/INTERMEDIATE CARE FACILITIES
16.91 0911 UNDER 31 BEDS 404.00 303.00 202.00 101.00 Y Y
16.91 0912 31 TO 60 BEDS 479.00 359.25 239.50 • 119.75 Y Y
16.91 0913 61 TO 100 BEDS • 525.00 393.75 262.50 131.25 Y Y
16.91 0914 101 TO 150 BEDS 584.00 438.00 292.00 146.00 Y Y
16.91 0915 151 TO 200 BEDS 674.00 505.50 337.00 ' 168.50 Y Y
16.91 0916 OVER 200 BEDS 733.00 549.75 366.50 183.25 Y Y
16.92 RETAIL GROCERY-PACKAGED TYPE A
16.92 0391 1,999 SQ.FT.OR LESS 166.00 124.50 83.00 50.00 Y Y
16.92 0392 2,000 TO 5,999 SQ.FT. 232.00 174.00 116.00 58.00 Y Y
• 16.92 0393 6.000 SQ.FT.&OVER 253.00 189.75 126.50 63.25 Y Y
FOOD FACILITY REINSPECTION FEE
B161 2ND REINSPECTN OR GREATER(HOURLY) 85.00 85.00 85.00 85.00 ::y::•.NN::::
B162 NOTICE OF VIOLATN REINSPECTN(FLAT) 235.00 235.00 235.00 235.00 :::N::::N::.
CEQ HOURLY RATE for evaluation,inspection,training,and/or consultation(including but not limited to food facility,vehicles,hotel
water recreation facility equipment, public swimming and spa pools,H.A.C.C.P.proposals,plan review,court case preparation
events or other premises):
B166 CEQ HOURLY RATE-NORMAL WORK HOURS $85.00 per hour or fraction thereof Y N
13167 CEQ HOURLY RATE-OTHER WORK HOURS 128.00 per hour or fraction thereof Y N
HCA ENVIRONMENTAL HEALTH • FEE SCHEDULE -7/01 •
Prepared by: Accououag Unil-
SWEEPS' ENV I FROM FROM FROM FROM 25% TR .
PIE PIE DESCRIPTION/CATEGORY I JUL 1ST I OCT 1ST T JAN 1ST I APR 1ST I LATE FEE
FOOD VEHICLE/CART DECALS
15.10 1510 (B)PRODUCE ONLY TRUCK 112.00 84.00 56.00 50.00 Y Y
15.19 1519 (B) COLD 50.00 50.00 50.00 50.00 Y N
TEMPORARY PRODUCE ONLY TRUCK 22300 167.25 111.50 55.75 Y Y
15.20 1520 (A)COLD D TRUCK
15.24 1524 (B)PRODUCE W/PREPACKAGED FOOD TRUCK 223.W 167.25 111.50 55.75 Y Y
15.26 1526 (A)PACKAGED ICE CREAM TRUCK 223.00 167.25 111.50 55.75 Y Y
15.28 1528 (A)OTHER PACKAGED FOOD TRUCK
15.29 1529 (A)TEMPORARY PACKAGED FOOD TRUCK 420.00 315.00 210.00 105.00 Y N
15.30 1530 (F)MOBILE FOOD PREP UNIT
15.32 1532 (E)STATIONARY MOBILE FOOD PREP UNIT
420.00 315.00 210.00 105.00 Y Y
15.39 1539 (C)TEMPORARY MOBILE FOOD PREP UNIT/ 140.00 140.00 140.00 140.00 Y N
STATIONARY MOBILE FOOD PREP UNIT(CARNIVAL VEH)
15.40 1540 (D)UNPACKAGED CART W/O PLUMBING 267.00 200.25 133.50 66.75 . Y Y Y N
15.49 1549 (D)TEMPORARY UNPACKAGED CART W/O PLUMBINC 36075 . 266. 75 155.00 • 77.50 Y Y
1550 1550 (D)UNPACKAGED CART W/PLUMBING
15.59 1559 (D)TEMPORARY UNPACKAGED CART W/PLUMBING 112.00 84.00 56.00 70 50 Y Y
15.60 1560 (C)PACKAGED FOOD CARTS
1569 1569 (C)TEMPORARY PACKAGED FOOD CARTS 50.00 50.00 50.00 50.00 Y N
24.13 HOTEL/MOTEL INSPECTION FEE
83.00 62.25 50.00 50.00 Y N
24.13 243 Bed&Breakfast(6 rooms or greater) 83.00 62.25 50.00 50.00 Y N •
24.13 2431 1 6 6 TO 10 0 ROOMS 189.00 141.75 94.50 50.00 Y N
24.13 2432 11 TO 50 ROOMS - 256.00 192.00 128.00 64.00 Y N
24.13 2433 101 TO 1 1 TO 50 5 ROOMS 0 ROOMS 318.00 238.50 159.00 7950 Y N
24.13 2434 2500 TO 500 ROOMS 483.00 362.25 241.50 120.75 )Y N
24:13 2436 500 ROOMS OR MORE
24.13 2435 5 - 774.00 580.50 387.00 193.50 Y N
24.44 2410 ORGANIZED/DAY CAMPS FEE
197.00 147.75 98.50 50.00 Y Y
MASSAGE/TATTOO/PEEPSHOW ETC.
24.95 2495 MASSAGE ESTABLISHMENTS 142.00 106.50 71.00 50.00 Y Y
24.94 2494 TATTOO PARLORS 142.00 106.50 71.00 50.00 Y Y
24.93 2493 PEEP SHOW . 142.00 106.50 71.00 50.00 Y Y
24.93 2492 FIGURE MODEL STUDIO 142.00 106.50 71.00 50.00 Y Y
HOTEL/MOTEL REINSPECTION FEE:
B241 SECOND REINSPECTION FEE(HOURLY) 85.00 85.00 85.00 85.00 N N
B242 SECOND REINSPECTN FEE(OT/HOURLY) 128.00 128.00 128.00 128.00 N N
36.00 PUBLIC SWIMMING POOL 0
36.00 SITE-SWIM,WADE OR SPA POOL 0.00
36.00 3630 SITE-EXEMPT
36.00 3611 SWIMMING POOL 254.00 254.00 254.00 254.00 Y N.
36.00 3612 SWIRL/SPA POOL 254.00 254.00 254.00 254.00 Y -. N
• 36.00 3613 WADING POOL 254.00 254.00 254.00 254.00 ' Y N
36.00 - 3614 SPECIAL USE POOL • 254.00 254.00 254.00 254.00 Y N
36:00 3615 WATER SLIDE 254.00 254.00 254.00 254.00 Y N
36.00 3616 HOT TUB 254.00 254.00 254.00 254.00 Y • N
36.00 3619 ATTACHED WADING POOL(E)
0.00 0.00 0.00 0.00
•
1
1 AGREEMENT FOR PROVISION OF
2 ENVIRONMENTAL HEALTH SERVICES
3 COUNTY OF ORANGE
4 AND
5 CITY OF SEAL BEACH
6
7 July 1, 1996 through June 30, 2001
8
9
10 THIS AGREEMENT entered into this 1st day of July 1996, which date is enumerated for
11 purposes of reference only, is by and between the COUNTY OF ORANGE, a political subdivision
12 of the State, (COUNTY) and CITY OF SEAL BEACH, a municipal corporation (CITY).
13
14 WITNESSETH:
15
16 WHEREAS, CITY wishes to contract with COUNTY for the provision of Environmental
17 Health Services described herein pursuant to Health and Safety Code Section 101400 et seq.; and
18 WHEREAS, COUNTY is agreeable to the rendering of such services on the terms and
19 conditions hereinafter set forth:
20 NOW,THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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CTYIPHKKMaster Page 1 of 8
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1 CONTENTS
2
3 PARAGRAPH PAGE
4
5 I. Alteration of Terms 3
6 II. Indemnification 3
7 III. Notices 3
8 IV. Payments 3
9 V. Services 4
10 VI. Severability 5
11 VII. Status of County 6
12 VIII. Term 6
13 IX. Termination 6
14 X. Waiver of Default or Breach 7
15 Signature Page 8
16
17 Exhibit A 1 page
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CTYIPHKKMas[er Page 2 of 8
1 I. ALTERATION OF TERMS
2 This Agreement fully expresses all understanding of COUNTY and CITY with respect to the
3 subject matter of this Agreement, and shall constitute the total Agreement between the parties for
4 these purposes. No addition to, or alteration of, the terms of this Agreement, whether written or
5 verbal, shall be valid unless made in writing and formally approved and executed by the parties.
6
7 II. INDEMNIFICATION
8 Each party agrees to indemnify and hold harmless the other party, its officers, agents and
9 employees from all liability, claims, losses and demands, including defense costs, whether resulting
10 from court action or otherwise, arising out of the acts or omissions of the indemnifying party, its
11 officers, agents or employees, or the condition of property used in the performance of this
12 Agreement. Each party agrees to provide the indemnifying party with written notification of any
13 claim within thirty (30) days of notice thereof, to allow the indemnifying party control over the
14 defense and settlement of the claim, and to cooperate with the indemnifying party in its defense.
15
16 III. NOTICES
17 A. Unless otherwise specified, all notices, claims, correspondence, reports and/or
18 authorized or required by this Agreement shall be effective when written and deposited in the United
19 States mail, first class postage prepaid and addressed as follows:
20 CITY: City Manager
21
22 211 Eighth Street
Seal Beach, CA 90740
23
24 COUNTY: Health Officer
25 County of Orange
Health Care Agency
26 515 N. Sycamore, 6th Floor
27 Santa Ana, CA 92701
28 B. Termination Notices shall be effective when written and deposited in the United
29 States mail, certified, return receipt requested, and addressed as specified in subparagraph A. above.
30 C. For the purposes of this Agreement, any notice to be provided by COUNTY may be
31 given by Health Officer.
32
33 IV. PAYMENTS
34 A. In consideration of the services provided hereunder, including demonstration
35 services, CITY agrees to pay COUNTY the fees or rates adopted by the Orange County Board of
36 Supervisors in effect at the time that such services were rendered. It is understood by the parties that
37 //
CrYIPHKKMaster Page 3 of 8
• •
1 such fees and rates are only for the purpose of meeting COUNTY'S cost associated with providing
2 the services.
3 1. COUNTY shall bill CITY for such services and payment to COUNTY should
4 be released by CITY no later than thirty (30) days after receipt of the billing form. Failure of CITY
5 to reimburse COUNTY may be considered a breach of the terms of this Agreement and may result in
6 termination of this Agreement.
7 2. COUNTY shall give CITY at least sixty (60) days notice of any change in
8 fees or rates to be adopted by the Orange County Board of Supervisors.
9 B. CITY may include, in the adoption of its ordinances, the requirement that COUNTY
10 fees or rates be paid directly by the facility or business (User) requiring the services in order to begin
11 or continue operation, in lieu of CITY.
12 1 . In cases where User is to pay the fee or rate directly to COUNTY, CITY shall
13 specify in its ordinances that such fees or rates shall be those adopted by the Orange County Board
14 of Supervisors in effect at the time that such services were rendered.
15 2. COUNTY shall bill User for services provided pursuant to CITY ordinances
16 or resolutions. CITY shall not be responsible for failure of User to reimburse COUNTY.
17 3. COUNTY agrees that collection of such fees or rates shall be accepted as full
18 payment for services rendered in lieu of charges that would otherwise be payable by CITY under the
19 provisions of this Agreement.
20 C. All fees or rates collected by COUNTY from CITY, or Users pursuant to CITY
21 ordinances or resolutions, shall be paid to and deposited in the County Treasury and become
22 property of COUNTY.
23
24 V. SERVICES
25 A. CITY shall designate the Health Officer as the Health Officer of CITY pursuant to
26 Health and Safety Code Section 101460. "Health Officer" means the Health Officer, or designee, of
27 the County of Orange designated by the Orange County Board of Supervisors. CITY agrees that the
28 Health Officer, or designee, shall have all the powers and authority associated with the position of
29 Health Officer within CITY and shall, at no cost to COUNTY, have access to any and all information
30 and records as well as assistance from officers and employees of CITY necessary to perform the
31 services to be provided pursuant to this Agreement.
32 B. The Health Officer shall perform all environmental health services related to the
33 enforcement of CITY ordinances as specified in Exhibit A to this Agreement. Exhibit A to this
34 Agreement may be amended, by CITY or COUNTY, to reflect any additions or deletions of CITY
35 ordinances to be enforced by the Health Officer.
36
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CTY IPHKKMaster Page 4 of 8
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1 1. "Enforcement" means the actions required in order to verify and maintain
2 compliance or conformance of a facility or business to the ordinances established by CITY in
3 response to Federal, State, County or local rules and regulations. These actions may include, but not
4 be limited to, one or more inspections of a facility or business; written evaluation of the findings;
5 approval or permit issuance, suspension, or revocation as appropriate; and review of any follow-up
6 action as required.
7 2. It is agreed that nothing in this Agreement shall be construed as binding CITY
8 to demand of COUNTY, or as requiring COUNTY to perform, any particular number of inspections
9 or visits. At the Health Officer's sole discretion, services under this Agreement may be denied to
10 CITY if the Health Officer determines that appropriate personnel or other resources are unavailable or
11 the Health Officer does not have legal capacity to act.
12 3. COUNTY shall furnish all necessary labor, supervision, equipment,
13 communication services, facilities, and supplies necessary to perform the level of services to be
14 provided.
15 4. The Health Officer shall not enforce any building code, electrical code, or
16 plumbing code; and shall not enforce any vector control functions assumed by the Orange County
17 Vector Control District for which these functions are provided pursuant to an agreement with
18 COUNTY dated December 17, 1974.
19 C. DEMONSTRATION PROJECTS - CITY may request, and the Health Officer may
20 provide, assistance or a limited demonstration of specific environmental health services which would
21 be applicable to a newly proposed ordinance under consideration of CITY. Such demonstration may
22 be under real or simulated circumstances to aid CITY in defining the manner in which the proposed
23 ordinance enforcement would be provided. It is agreed by the parties that demonstration projects for
24 a specific ordinance shall only be provided once, and shall not exceed twenty-four(24) direct labor
25 hours of the Health Officer. It is further agreed by the parties that demonstration services shall not
26 be provided for any other ordinance, existing or proposed, having the same or similar provisions or
27 objectives as that ordinance for which the demonstration services were provided.
28
29 VI. SEVERABILITY
30 If a court of competent jurisdiction declares any provision of this Agreement or application
31 thereof to any person or circumstances to be invalid or if any provision of this Agreement
32 contravenes any Federal, State, or County statute, ordinance, or regulation, the remaining provisions
33 of this Agreement or the application thereof shall remain valid, in full force and effect, and to that
34 extent the provisions of this Agreement are severable.
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CrY IPHKKMaster Page 5 of 8
•
1 VII. STATUS OF COUNTY
2 COUNTY shall be wholly responsible for the manner in which it performs the services
3 required of it by the terms of this Agreement. COUNTY is entirely responsible for compensating
4 staff and consultants employed by COUNTY. This Agreement shall not be construed as creating the
5 relationship of employer and employee, or principal and agent, between COUNTY and CITY or any
6 of COUNTY'S employees, agents, or subcontractors. COUNTY assumes exclusively the
7 responsibility for the acts of its employees, agents or subcontractors as they relate to the services to
8 be provided during the course and scope of their employment. COUNTY, its employees, agents, or
9 subcontractors, shall not be entitled to any rights or privileges of CITY employees and shall not be
10 considered in any manner to be CITY employees.
11
12 VIII. TERM
13 A. The term of this Agreement shall commence on July 1, 1996 and shall terminate
14 June 30, 2001, unless otherwise sooner terminated as provided in this Agreement; provided,
15 however, the parties shall be obligated to perform such duties as would normally extend beyond this
16 term, including but not limited to, obligations with respect to indemnification, audits, reporting and
17 accounting.
18 B. In the event of termination of this Agreement, the Health Officer shall have no
19 obligation to enforce any ordinance of CITY.
20
21 IX. TERMINATION
22 A. Either party may terminate this Agreement, without cause, upon sixty (60) days written
23 notice given the other party.
24 B. Either party may terminate this Agreement upon five (5) days written notice given the
25 other, if either party fails to perform any of the terms of this Agreement, provided the allegedly
26 breaching party has been given written notice of the alleged breach, and has failed to cure the alleged
27 breach within thirty (30) days.
28 C. CONTINGENT FUNDING -
29 1 . Any obligation of COUNTY under this Agreement is contingent upon the
30 following:
31 a) The continued availability of Federal, State or COUNTY funds for
32 reimbursement of COUNTY'S expenditures, and
33 b) Inclusion of sufficient funding for the services hereunder in the applicable
34 budget approved by the Board of Supervisors.
35 2. In the event such funding is subsequently reduced or terminated, COUNTY may
36 terminate this Agreement, or reduce or eliminate services, upon thirty (30) days written notice given
37 CITY.
C'YIPHKKMaster Page 6 of 8
• •
1 D. The rights and remedies of either party provided in this Termination paragraph shall not
2 be exclusive, and are in addition to any other rights and remedies provided by law or under this
3 Agreement.
4
5 X. WAIVER OF DEFAULT OR BREACH
6 Waiver of any default by either party shall not be considered a waiver of any subsequent
7 default. Waiver of any breach by either party of any provision of this Agreement shall not be
8 considered a waiver of any subsequent breach. Waiver of any default or any breach by either party
9 shall not be considered a modification of the terms of this Agreement.
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C'rYIPHKKMaster Page 7 of 8
1 IN WITNESS WHEREOF, the parties hereby execute this Agreement, in the County of
2 Orange, State of California.
3
4 CITY OF __Beal B@aeIL__
5
6 it_ en
se
7 BY: II _ �al.. ' ! \L1 �.L� DATED:
8 •• OR /
9 A
10
11 BY: .„i r / I _a/• DATED: .t . &i -6,
CITY CLERK
12
13 APP' •VED AS TO FORM:
CITY ATTORNEY
14 ,15 k M
16 BY: •Aa► DATED: /fla / 7 I/4G
—
17 DEPUTY
18 y NTY OF ORANGE
19
20 f , -79- 9,.6
21 DATED: j
CHAIRMAN OF THE BOARD
22 OF SUPERVISORS
23
24 SIGNED AND CERTIFIED THAT A COPY OF
25 THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD:
26
27 /� , A � � �
28 BY:- ( i �' `trOS�O �/ DATED: C-7_ 19-9�
29 KATHLEEN E. GOODNO /x7 quote 3-6_74„
ACTING CLERK OF THE BOARD
30 --OF SUPERVISORS
31 ORANGE COUNTY, CALIFORNIA
32
33 APPROVED AS TO FORM:
COUNTY CO NSEL
34
35 BY: DATED: d/7f6
36 TDEPUTY /
37
CTY IPHKKMaster Page 8 of 8
1 EXHIBIT A
2 TO AGREEMENT WITH
3 CITY OF SEAL BEACH
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 Enabling Resolution/Ordinance Charge
11 Type of Activity Resolution I Ordinance City I User
12 Food Ch. 9A X
13 (#1077;#1351)
14 Housing(UHC) Sec. 5-34(#1267)
15
Mobile Food Preparation Ch. 9A X
16 Vehicle (#1077;#1351)
17 Massage Parlor Ch. 12 (#1179; X
18 #1198;#1387)
19 Mobile Home Park Ch.24(#926)
20 1386
Mobile X-Ray Unit Ch. 12A (#807) X
21
Motel/Hotel Sec. 5-34(#1267) X
22
23 Well Construction Ch. 27 (#919) X
24
25
26
27
28
29
30
31
32
33
34
35
36
37
crvlPHKKMaster Page I of 1
Exhibit A
• 411 -cats' sea--e-Aa-ck
, • BOARD OF SUPERVIS•
ORANGE COUNTY, CALIFORNIA MINUTES September 10, 1991
MASTER AGREEMENT WITH CITIES FOR HEALTH SERVICES: Health Care Agency
requests approval of the master agreement to provide health services.
MOTION: On motion by Supervisor Riley, seconded by Supervisor Stanton,
the Board moved to: 1. Approve the Master Agreement with cities for
health services. 2. Authorize execution of Agreements with the
participating cities. MOTION UNANIMOUSLY CARRIED.
i
1 HEALTH SERVICES AGREEMENT
2 THIS AGREEMENT, is made and entered into this day 1 of July, 1991, which date
3 is enumerated for purposes of reference only, between the COUNTY OF ORANGE, a
4 political subdivision of the State, hereinafter referred to as "COUNTY", and the
5 CITY OF SEAL BEACH, a municipal corporation, hereinafter referred to as "CITY".
6 WITNESSETH:
7 WHEREAS, the parties hereto desire to enter into a contract whereby the
8 COUNTY shall perform certain functions relating to the public health within CITY;
9 NOW, THEREFORE, it is mutually agreed as follows:
10 1. As used herein, the term "Health Officer" shall mean the Health Officer
11 of the County of Orange or any other officer or employee of the County of Orange
12 designated by the Board of Supervisors.
13 2. CITY hereby designates the Health Officer as the Health Officer of the
14 CITY pursuant to Health and Safety Code Section 476; provided that the Health
15 Officer shall not enforce any building code, electrical code, or plumbing code;
16 and shall not perform the vector control functions assumed by the Orange County
17 Vector Control District under an agreement with COUNTY dated December 17, 1974.
18 3. COUNTY will provide the services described in paragraph 2 at no cost to
19 the CITY.
20 4. The Health Officer, his or her deputies, employees, and other assistants
21 shall perform all functions related to the enforcement in CITY of the ordinances
22 of said CITY or any other functions to be undertaken by COUNTY, as specified in
23 Exhibit A, attached hereto and incorporated herein by reference, as authorized by
24 Health and Safety Code Section 480 et seq. Upon the written request of the City
25 Official designated by CITY to make such a request, and the written approval of
26 the Health Officer, Exhibit A may be amended to reflect current City ordinances
27 to be enforced by the Health Officer.
28 ///
•
1 Notwithstanding the foregoing, the Health Officer shall not enforce any
2 building code, electrical code, or plumbing code; and shall not perform the
3 vector control functions assumed by the Orange County Vector Control District
4 under an agreement with COUNTY dated December 17, 1974.
5 5. If CITY is considering adopting an ordinance and requesting its
6 enforcement by the Health Officer, the Health Officer may, subject to the
7 provisions of paragraph 11, provide assistance or a limited demonstration of
8 specific environmental health services to aid CITY in defining the manner in
9 which the proposed ordinance enforcement would be provided upon the request of
10 authorized CITY personnel and upon presentation by the CITY that (a) CITY wishes
11 in good faith to secure a demonstration, under real or simulated conditions of
12 the manner in which an ordinance would be enforced; (b) CITY desires to adopt the
13 ordinance in question and wishes the demonstration to assist in its
14 deliberations; and (c) CITY will pay COUNTY a rate specified pursuant to
15 paragraph 7, provided, however, that such demonstration services will only be
16 provided one time for not to exceed twenty-four (24) direct labor hours and shall
17 not be provided thereafter for any other ordinance having the same or similar
18 provisions or objectives nor shall such services be provided for ordinances
19 having the same or similar provisions or objectives as ordinances which have been
20 included in Exhibit A.
21 6. The Health Officer will provide services pursuant to paragraph 4 only
22 when a request therefore is made by the CITY official designated to make such
23 request. Such official shall be designated by CITY for each ordinance, and the
24 Health Officer shall be notified in writing of such designation. The manner and
25 extent to which services are provided in response to such request shall be
26 determined by the Health Officer as provided in paragraph 12.
27 ///
28 -2-
• •
1 7. In consideration of the services provided hereunder, CITY agrees to pay
2 to COUNTY such sums of money as may be specified by COUNTY by written notice to
3 CITY; provided, however, CITY may decline to make such payment at the rates
4 specified by COUNTY by giving thirty (30) day written notice of such declination
5 to COUNTY within thirty (30) day after the rates are established by COUNTY. In
6 the event CITY gives such notice, COUNTY may terminate services under this
7 Agreement on thirty (30) day written notice to CITY.
8 8. The CITY and the Health Officer may, by mutual written agreement, make
9 additions to or deletions from the list of services which the Health Officer is
10 to perform under this Agreement. In addition, CITY or the Health Officer may
11 terminate the Health Officer's services hereunder as to any service performed by
12 the Health Officer, by giving the other party at least sixty (60) day written
13 notice of such termination.
14 9. CITY may adopt ordinances providing for the payment of fees directly to
15 the Health Officer as reimbursement for public health and sanitation services.
16 In such cases, when the Health Officer has agreed in writing to collect such fees
17 and has agreed that such fees are sufficient to reimburse COUNTY for the
18 estimated cost of services to be provided in relation to such an ordinance,
19 collection of such fees by the Health Officer shall be accepted as full payment
20 for services rendered in lieu of the charges that would otherwise be payable by
21 the CITY under the provisions of this Agreement. Health Officer shall give CITY
22 at least sixty (60) day notice of any change in such fees required to reimburse
23 COUNTY for its cost. If such changes are not made by CITY prior to the effective
24 date of such notice, COUNTY shall resume billings to CITY at the rates
25 established pursuant to paragraph 7 of this Agreement.
26 ///
27 ///
28 —3—
i O
11 In addition, the collection of such fees by the Health Officer shall be
2 discontinued in the event either CITY or the Health Officer gives at least sixty
3 (60) day written notice thereof. Thereafter, COUNTY shall resume billing at the
41 rate established pursuant to paragraph 7 of this Agreement.
5 10. All permit fees, inspection fees, license fees, other fees and sums
1
61 collected by the Health Officer pursuant to CITY ordinances or resolutions shall
7 be paid to and deposited in the County Treasury and become the property of the
8 COUNTY.
9 11. The CITY agrees that the Health Officer of the County of Orange, his
10 deputies, employees, and assistants shall have the powers of City Health Officer
11 within CITY, access to information and records, and assistance from officers and
12 employees of CITY. Any office space, desk space, and telephone service provided
13 to Health Officer by CITY shall be provided at no cost to the COUNTY.
14 - 12. The COUNTY shall furnish all necessary labor, supervision, equipment,
15 communication facilities, and supplies necessary to perform the level of services
16 to be provided hereunder. It is agreed that nothing contained in this Agreement
17 should be construed to bind the CITY to demand of the COUNTY or to require the
18 COUNTY to furnish any particular number of inspections or visits. Health Officer
19 may deny services to CITY under this Agreement if, in his or her sole discretion,
20 he or she determines that appropriate personnel. or other resources are
21 unavailable or the Health Officer does not have the legal capacity to act.
22 13. Unless the persons or addresses are otherwise identified by notice given
23 in the manner specified by this paragraph, all notices authorized or required by
24 this Agreement shall be deemed effective when they are reduced to writing and
25 deposited in the United States mail, postage prepaid, and addressed as follows:
26 ///
27 ///
28 —4—
i
1 a. To CITY: City Manager
City of Seal Beach
2 211 Eighth Street
Seal Beach, CA. 90740
3
4
b. To COUNTY: Health Officer
5 County of Orange
P.O. Box 355
6 515 N. Sycamore
Santa Ana, CA. 92702
7
8
9 14. CITY shall not be called upon to assume any liability for the direct
10 payment of any salaries, wages or other compensation to any COUNTY personnel
11 performing services hereunder or any liability other than that provided for by
12 this Agreement. Except as herein otherwise specified, CITY shall not be liable
13 for compensation or indemnity to any COUNTY employees for any injury or sickness
14 arising out of his employment.
15 15. Neither party hereto shall be liable for, and each party shall
16 indemnify, defend and hold harmless the other party and its respective directors,
17 officers, employees and agents, from and against any and all claims, losses,
18 disputes and other liability or expense, including reasonable attorney's fees,
19 court costs and necessary disbursements, for any damage whatsoever, including but
20 not limited to, bodily injury, death or injury to property, proximately resulting
21 from any act or omission of the other party, its officers, employees, agents or
22 contractors in the performance of this Agreement. As a condition to the
23 foregoing, each party agrees to provide the indemnifying party with written
24 notification of any claim within thirty (30) days of the notice thereof, to allow
25 the indemnifying party control over the defense and settlement of the claim, and
26 to cooperate with the indemnifying party in its defense.
27 ///
28 -5-
1 16. This Agreement shall commence on July 1, 1991 and shall continue in
2 effect until June 30, 1996, provided that either party may terminate this
3 Agreement effective June 30 of any year by giving at least sixty (60) day written
4 notice, or may terminate this Agreement as otherwise provided by this Agreement.
5 In the event of termination, the Health Officer shall have no obligation to
6 enforce any ordinance of the CITY.
7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
8 COUNTY 0 �/'®®GEEj� �y�
OCI G7 .991 a.e"S �r vvC� C(1" ' "
9 DATED: BY:
10 Chairman, Board of Superviss
SIGNED AND CERTIFIED THAT A COPY OF
11 THIS DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD.
12
13 DATED: OCT 0 1991 � ��
14 LINDA D. RUTH
4
Clerk of the Board of Supervisors
15 of Orange County, California
APPROVED • S TO FO'•
16 ADRIAN ' " 'ER, rn 0 SEL
17 DATED: Avg,,,+ /, /�i4/ BY: / /
J O ' -puty
18 �
19 CITY OF S' BEACH
A municipal corporation ,, •
20 .�
DATED: 7 ] , p.2� I BY: QQ
21 / Mayor
22 ATTE T:
1 _
23 DATED: % /fly BY: d,:-'' '� • —
24 Or City Clerk
25 APPROVED AS_TO FORM:
CITY ATTORNEY
26
DATED: ,V�1� 2LI Mck 1 BY: 9-19 651 /
27 1 City Attorney
28 -6-
• S
EXHIBIT A
to
HEALTH SERVICES AGREEMENT
between
CITY OF SEAL BEACH
and
COUNTY OF ORANGE
The Health Officer will provide services hereunder relating to the following ordinances of CITY:
Type of Enabling Resolution/Ordinance Charge User
Activity to City Fee
Resolution Ordinance
Food Ch. 9A (4921) X
Housing (UHC) - Sec. 5-34 (#1267)
Mobile Food Ch. 9A (#1077) X
Preparation Vehicle
Massage Parlor Ch. 12 (#1179) X
Mobile Home Park 1386 Ch. 24 (#926)
Mobile X-Ray Unit Ch. 12A (#807) X
Motel/Hotel Sec. 5-34 X
Well Construction Ch. 27 (#919) X
4/17/91
nI#1/wp
, • •
1 FIRST AMENDMENT TO
2 HEALTH SERVICES AGREEMENT
3.
4 THIS FIRST AMENDMENT, is made and entered into this 4t, day
5 of jr , 1986 , which date is enumerated for
6
purposes of reference only, to that certain agreement between the
7 COUNTY OF ORANGE, a political subdivision of the State, hereinafter
8 referred to as "COUNTY, " and the CITY OF Seal Beach , a
91 municipal corporation, hereinafter referred to as "CITY, " dated July
10 1 , 1981 , hereinafter referred to as the "Agreement. "
11 1 . Paragraph 2 of the Agreement is amended to read as follows :
12 "2 . CITY hereby designates the Health Officer as the Health
13 Officer of the City pursuant to Health and Safety Code Section 476;
14
provided that the Health Officer shall not enforce any building code,
Wr
_ ; 0 15 electrical code, or plumbing code; and shall not perform the vector
o ,
- : 0 16 control functions assumed by the Orange County Vector Control District
u ° 17 under an agreement with COUNTY dated December 17 , 1974 . "
18 2. Paragraph 4 of the Agreement is amended to read as follows:
19 "4 . The Health Officer, his or her deputies , employees, and
20
other assistants shall perform all functions related to the
21 enforcement in CITY of the ordinances of said CITY or any other
22 functions to be undertaken by COUNTY, as specified in Exhibit A,
�3 attached hereto and incorporated herein by reference, as authorized by
24 Health and Safety Code Section 480 et seq. Notwithstanding the
25
foregoing, the Health Officer shall not enforce any building code,
26 electrical code, or plumbing code; and shall not perform the vector
LL 27 control functions assumed by the Orange County Vector Control District
28 under an agreement with COUNTY dated December 17, 1974 . "
i
R14/113 1 .
Draft 3 5-20-86
• •
1 3. Paragraph 5 of the Agreement is amended to read as follows:
2 "5. If CITY is considering adopting an ordinance and requesting
3 its enforcement by the Health Officer, the Health Officer may, subject
4 to the provisions of paragraph 13, provide assistance or a limitea,
5 demonstration of specific environmental health services to aid CITY in
6
defining the manner in which the proposed ordinance enforcement would
7 be provided upon the request of authorized CITY personnel and upon
8 representation by the CITY that (a) CITY wishes in good faith to
9 � secure a demonstration, under real or simulated conditions of the
10 manner in which an ordinance would be enforced; (b) CITY desires to
111 adopt the ordinance in question and wishes the demonstration to assist
171 in its deliberations; and (c) CITY will pay COUNTY a rate specified
13 pursuant to paragraph 7 , provided, however, that such demonstration
144 services will only be provided one time for not to exceed twenty-four
Wr
; ; 15I (24) direct labor hours and shall not be provided thereafter for any
Jo
oW
; w 161 other ordinance having the same or similar provisions or objectives
3° 17 nor shall such services be provided for ordinances having the same or
18 similar provisions or objectives as ordinances which have been includ-
19 ed in Exhibit A. "
20 4. Paragraph 7 of the Agreement is amended to read as follows:
21 "7. In consideration of the services provided hereunder, CITY
22 agrees to pay to COUNTY such sums of money as may be specified by
�3 COUNTY by written notice to CITY; provided, however, CITY may decline
24 to make such payment at the rates specified by COUNTY by giving thirty
25
(30) days' notice of such declination to COUNTY within thirty (30)
" 26 days after the rates are established by COUNTY. In the event CITY
27 gives such notice, COUNTY may terminate services under this Agreement
® 28 on thirty (30) days ' written notice to CITY. "
R14/113 2.
Draft 3 5-20-86
• 0
1 5. Paragraph 8 of the Agreement is amended to include the
2 following sentence:
3 "This paragraph 8 shall apply only to services provided by COUNTY
4 to CITY commencing before July 1 , 1986 . "
5 6. Paragraph 9 of the Agreement is amended to read as follows:
6
"9 . The CITY and the Health Officer may, by mutual written
agreement, make additions to or deletions from the list of services
I
8 which the Health Officer is to perform under this Agreement. In
91 addition, CITY or the Health Officer may terminate the Health Offi-
101 cer ' s services hereunder as to any service performed by the Health
111 Officer, by giving the other party at least sixty (60) days ' written
121 notice of such termination. "
13 7. The second and third sentences of paragraph 10 of the
•
141 Agreement are amended to read as follows:
;0• 1511 "For each service to be performed as specified to be charged to
o0
: 0 16I CITY in Exhibit A there shall be a minimum charge of $25. 00 a month
°D• 17 for services provided before July 1 , 1986, and $30. 00 per month for
18 services provided thereafter. "
19 "Direct labor hours spent in providing services hereunder shall
20 be billed to CITY as specified in paragraph 7.
21 8. Paragraph 11 of the Agreement is amended to read as follows:
22 "CITY may adopt ordinances providing for the payment of fees
�3 directly to the Health Officer as reimbursement for public health and
24 sanitation services. In such cases, when the Health Officer has
25 agreed in writing to collect such fees and has agreed that such fees
" 26 are sufficient to reimburse COUNTY for the estimated cost of services
f 27 to be provided in relation to such an ordinance, collection of such
28 fee by the Health Officer shall be accepted as full payment for
R14/113 3 .
Draft 3 5-20-86
•
1 services rendered in lieu of the charges that would otherwise be
2 payable by the CITY under the provisions of this Agreement. Health
3 Officer shall give CITY at least sixty (60) days ' notice of any change
4 in such fees required to reimburse COUNTY for its cost. If such " •
5 changes are not made by CITY prior to the effective date of such
6 notice, COUNTY shall resume billings to CITY at the rates established
7 pursuant to paragraph 7 of this Agreement. In addition, the collec-
8 tion of such fees by the Health Officer shall be discontinued in the
91 event either CITY or the Health Officer gives at least sixty (60)
10 days ' notice thereof. Thereafter, COUNTY shall resume billing at the
11 rate specified pursuant to paragraph 7 of this Agreement. "
12 � 9. The last sentence of paragraph 14 of the Agreement is
13 amended to read as follows :
14i "Health Officer may deny services to CITY under this Agreement
0• 151 if, in his or her sole discretion, he or she determines that appropri-
ou
• 16 ate personnel or other resources are unavailable or the Health Officer
uo 17 does not have the legal capacity to act. "
18 10 . With respect to paragraph 15 of the Agreement, the address
19 for notices to COUNTY shall be as follows:
20 "Health Officer
21 County of Orange
22 515 N. Sycamore
23 Santa Ana, CA 92701"
24 11. Paragraph 16 of the Agreement is amended to read as follows:
it 25 "This Agreement shall commence on July 1 , 1981, and shall contin-
26 ue in effect until June 30, 1991 , provided that either party may
27 terminate this Agreement effective June 30 of any year by giving at
® 28
R14/113 4 .
Draft 3 5-20-86
• • •
1 least sixty (60) days ' written notice, or may terminate this Agreement
2 as otherwise provided by this Agreement. In event of termination, the
3 Health Officer shall have no obligation to enforce any ordinance of
4 the CITY. "
5 IN WITNESS WHEREOF, the parties hereto have executed this Amend-
6 ment to Agreement.
7 OF ORANGE CITY OF veittie 8 (� •
9 By GG By Ci/�yC�
Chairman, Board of Supervisors Mayor
10 ' r
11 SIGNED AND CERTIFIED THAT A COPY ATTEST: - -
OF THIS DOCUMENT HAS BEEN DE-
12 LIVERED TO THE CHAIRMAN OF THE
BOARD:
13 B �_/< _ _ '
'
14
W� I LINDA D. ROBERTS .
0 15 Clerk of the Board of S&e113 1986
� 16 visors of the County of Orange,
. z California
_ < APPROVED AS TO FORM:
4 17
18 APPROVED AS TO FORM:
ADRIAN KUYPER, COUNTY COUNSEL BY A '/ ��r�►. . ,
19 / city int
Byi
21 Stef n H. Weiss , Deputy
22
23
24
• 25
2 26
N
• 27
® 28
R14/113 5 .
Draft 3 5-20-86
• •
1 EXHIBIT A
to
2 HEALTH SERVICES AGREEMENT
between
3 CITY OF SEAL BEACH
and
4 COUNTY OF ORANGE
5
6 The Health Officer will provide services hereunder relating to the
following ordinances of CITY :
7
8 Type of ; Enabling Ordinance/Resolution ; Charge ; User
Activity ; Resolution ; Ordinance ; To City ;Fee
9
10 Food ; ; Ch . 9A (#921 ) ; ; X
11 Mobile Food ; ; Ch . 9A (# 1077) ; X
Preparation Vehicle ; ;
12
Housing (UHC) Seq. 5-34
13
Mobile X-Ray Unit ; ; Ch . 12A (#807) ; ; X
14 I I
Well Construction ; ; Ch . 27 (#919) i ; X
I I I I
15 Mobile Home Park ; 1386 ; Ch . 24 (#926) ;
16
Motel/Hotel ; ; Sec . 5-34
I I I
17 Community Noise ; Ch . 13D (# 1100) X
18
19
20
21
22
23
24
25
26
27.
28
III 410
1 H E A L T H S E R V I C E S A G R E E M E N T
2
3 THIS AGREEMENT, made and entered into this 1st day of July, 1981,
4 which date is enumerated for purposes of reference, between the COUNTY OF
5 ORANGE, a political subdivision of the State of California, hereinafter
6 referred to as "COUNTY", and the CITY OF Seal Beach, a municipal corporation
7 situated in the County of Orange, hereinafter referred to as "CITY."
811
WITNTESSETH:.
9I
10 , WHEREAS, the parties hereto desire to enter into a contract whereby
11 the COUNTY shall perform certain functions relating to the public health
12 within CITY;
'
13 9 NOW, THEREFORE, it is mutually agreed as follows:
14 II 1. As used herein, the term "Health Officer" shall mean the Health
15 i' Officer of the County of Orange or any other officer or employee of the
16 Ii County of Orange designated by the Board of Supervisors.
17 I 2. CITY hereby designates the Health Officer as the Health Officer
18 ' of the CITY. The Health Officer, his deputies, employees, and other
19 iI assistants shall enforce and observe in CITY all statutes relating to
201' public health; all orders, quarantine regulations, and rules prescribed
21 i by the State Department of Health; and other rules and regulations .
22 I issued under the provisions of the Health and Safety Code; provided
231 that the Health Officer shall not enforce any building code, electrical
!
24 I code, or plumbing code; shall not perform any animal or rabies control
25 I function; and shall not perform the rat or vector control functions
2611 assumed by the Orange County Vector District under an agreement with
271 COUNTY dated December 17, 1974.
28
1.
1.
1 of 9
II
III
HLI
11 3. COUNTY will provide the services described in paragraph 2 at
i
2 \ no cost to the CITY.
31 4. The Health Officer, his deputies, employees, and other assistants
41 shall perform all functions relating to the enforcement in CITY of the
51 ordinances of said CITY listed in Exhibit A hereto, the making of all
6 inspections, and the performance of all functions in connection therewith;
7 provided that the Health Officer shall not enforce any building code,
8 II electrical code, or plumbing code; shall not perform any animal or
i
9 1 rabies control function; and shall not perform the rat or vector control
10 • functions assumed by the Orange County Vector Control District under an
11 agreement with COUNTY dated December 17, 1974.
12 I 5. If the City is considering adopting an ordinance and requesting
13 11 its enforcement by the Health Officer, the Health Officer may, subject to
14 II the provisions of Paragraph 13, provide counsel, assistance, or a limited
15 ii demonstration of specific environmental health services to aid the CITY in
16 �i defining the manner in which the proposed ordinance enforcement would be
17 1 provided upon the request of authorized CITY personnel and upon represents-
'
181 tion by the CITY that (a) the City wishes in good faith to secure a
19i demonstration, under real or simulated conditions of the manner in which
20 an an ordinance would be enforced; (b) the City desires to adopt the ordinance
21 1 in question and wishes the demonstration to assist it in its deliberations;
221 and (c) the CITY will pay the COUNTY the appropriate hourly rate specified
23t in Exhibit B of this Agreement, provided, however, that such demonstration
24 i
services will only be provided one time for not to exceed 24 direct labor
1
25 1 hours and shall not be provided thereafter for any other ordinance having
26 the same or similar provisions or objectives nor shall such services
271 be provided for ordinances having the same or similar provisions or
28 l
objectives as ordinances which have been included in Exhibit A of
2 of 9
11
•
II -
1
1. this Agreement, which lists the ordinances that are to be enforced
21 hereunder.
3I 6. The Health Officer will provide services pursuant to paragraph
4 4 only when a request therefore is made by the CITY official designated
5 to make such requests. Such official shall be designated by CITY for
6 each ordinance, and the Health Officer shall be notified in writing of
7 such designation. The manner and extent to which services are provided
8 i� in response to such request shall be determined by the Health Officer
i
9 I as provided in paragraph 14.
10 . 7. In consideration of the services provided hereunder, CITY
11 agrees to pay to COUNTY the following sums monthly in arrears:
I
121 A. From the effective date of this contract through June 30,
13 t1 1982, the CITY shall make payment to COUNTY each month at the rates
14 i specified in Exhibit B.
15 I.1 B. After June 30, 1982, the CITY shall make payment to COUNTY
161 each month at the rates determined pursuant to paragraph 8.
17 8. On or before April 15 of each year, commencing April 15, 1982,
I1
18 I the Health Officer shall determine and notify CITY of the rates to be
19 I paid by CITY during the year commencing the next succeeding July 1,
20 1 which rate shall be determined by the Health Officer in. the following
211 manner:
• 2211 The Health Officer shall determine the total estimated gross
2311 cost to COUNTY for the ensuing year of providing each of the public
1.
24 j .
health and sanitation programs listed in Exhibit B throughout the
25 I COUNTY. Such total estimated cost shall include employee salaries;
2611 vacation, sick leave, insurance, retirement, and other fringe
27 I benefits; travel time and expense; supplies and services expense;
28 II laboratory expense; general COUNTY overhead as determined by the
3 of 9
,a
III
1I County Auditor-Controller; and department indirect expense. To
1
21 determine the rate for a program, the total estimated program cost
3I shall be divided by the number of estimated available direct labor
4 I hours planned to be assigned to the program during the following
51 fiscal year. .
6 9. The CITY and the Health Officer may by mutual written agreement
7 make additions to or deletions from the list of ordinances for which
. i
8 �I the Health Officer is to provide enforcement and related services. In
9 I addition, CITY or the Health Officer may terminate the Health Officer's .
10 • services hereunder on any city ordinance by giving the. other party at
11 I least sixty (60) days written notice.
12 . 10. COUNTY will maintain time records for services provided on
13 j each ordinance. For each ordinance, specified in Exhibit A, there shall
14 `I be a minimum charge of $25.00 per month. Direct labor hours spent in -
1 5 iI providing services hereunder shall be billed to CITY at the rates I .
16 �i specified in Exhibit B. Periods of less than one hour shall be rounded
17 I to the nearest tenth of an hour. All charges shall be billed monthly
18 it in arrears. CITY shall pay such billings within 30 days of the billing
I.
19 jl date.
20 I'
11. CITY may adopt ordinances providing for the payment of fees
21 •
to the Health Officer as reimbursement for public health and sanitation
22 lI services under such ordinance. In such cases, when the Health Officer
23 1! has agreed in writing to collect such fees and has agreed that such I
1i
24 I fees are sufficient to reimburse the COUNTY for the estimated cost of
25 1 services to be provided in relation to such an ordinance, collection of
26 h such fee by the Health Officer shall be accepted as full payment for
27 I services rendered in lieu of the charges that would otherwise be payable
8I) by the CITY under the provisions of paragraphs 7 through 10 hereof.
4 of 9
� • III
1 � Health Officer shall give CITY at least sixty (60) days notice of any
1
21 change in such fees required to reimburse the COUNTY for its costs. If
3i such changes are not made by CITY prior to the effective date of such
4 1 notice, COUNTY shall resume billings to CITY at the rate specified in
5 Exhibit B. In addition, the collection of such fees by the Health
6 Officer shall be discontinued in the event either CITY or the Health •
7 Officer gives at least sixty (60) days notice thereof. Thereafter,
8 1� COUNTY shall resume billing at the rate specified in Exhibit B.
9 I 12. All permit fees, inspection fees, license fees, other fees
10 and sums collected by the Health Officer pursuant to CITY ordinances or
11 I resolutions shall be paid to and deposited in the County Treasury and
12 become the property of the COUNTY.
13 iI 13. The CITY agrees that the Health Officer of the County of
14 ''i Orange, his deputies, employees, and assistants shall have the powers
15 I of City Health Officer within CITY, access to information and records,
16 �I and assistance from officers and employees of CITY. Any office space,
17 1 desk space, and telephone service provided to Health Officer by CITY
I
18 shall be provided at no cost to the COUNTY.
19 I 14. The COUNTY shall furnish all necessary labor, supervision,
i
20 II equipment, communication facilities, and supplies necessary to- perform
21 1 the level of services to be provided hereunder. It is agreed that
22 I nothing contained in this contract should be construed to bind the CITY
23 I, to demand of the COUNTY or to require the COUNTY to furnish any particular
24 11I
number of inspections or visits. Health Officer may deny services to
25 `I CITY under this Agreement if, in his sole discretion, he determines
26 II that appropriate personnel or other resources are unavailable.
27 I 15. Unless the persons or addresses are otherwise identified by
I
28
notice given in the manner specified by this paragraph, all notices
5 o 9
a I
• •
11 uthorized or required by this Agreement shall be deemed effective when
21 they are reduced to writing and deposited in the United States mail,
31 postage prepaid, and addressed as follows:
4 Office of City Clerk
a. To City: City of Seal Beach
51 211 8th Street
Seal Beach, CA 90740
6
b. To County: Clerk of the Board of Supervisors
7 - 10 Civic Center Plaza
P. O. Box 687
8 11 Santa Ana, California 92702
i
9 I 16. This Agreement shall commence on July 1, 1981 and shall
10 • continue in effect until June 30, 1986, provided that either party may
11 terminate the Agreement effective June 30 of any year by giving at
1
12 least. sixty (60) days written notice. In the event of termination, the !
13 1 Health Officer shall have no obligation to enforce any ordinance of the
14 II CITY. I
15 I 17. The Health Services Agreement dated July 1, 1976 between the
16 1 parties is hereby terminated effective June 30, 1981.
17
181
19 !1,
20 '
211
y �
22 h
2311 �
24
25
2611
271
28
I
6 of 9
=� Ii
II
1 '. IN WITNESS WHEREOF the parties hereto have executed this Agreement.
2i
3 I ,,,„COUNTY OF ORANGE CITY OF SEAL BEACH°62t
5 I v�L � or
Chai , an, Board of Supervisors y
6 , .
7 NT,TEST: - '.�.
j 1 / ' ; r, %/
I 1/ _ -/ `.
8 'i SIGNED AND CERTIFIED THAT A COPY OF ' - city Clerk %: :: -
9 II THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD.
l0 . _
111 JUNE ALEXANDER APPROVED AS TO FOR
M:j Clerk of the Board of Supervi�ssors
12 I County of Orange, Californih
�
13 ,i /,c e> '" `°1981
ii
DATED: —
14 II City Attorney
15 iI APPROVED AS TO FORM:
i ADRIAN KUYPER, COUNTY. COUNSEL
161
4 1-3 a/LP2,
17 BY a
1 Deputy
18 ii /4241111
. 19 j
20 Ii ,
21 it
22 Ij
23 II
24 'I •
25 II
2611
27 '
261
7 of 9
II • •II EXHIBIT A
1 1 to
2I HEALTH SERVICES AGREEMENT
between
31 CITY OF SEAL BEACH
and
4 I COUNTY OF ORANGE
5
6 The Health Officer will provide services hereunder relating to the
following ordinances of CITY:
.7 _
Type of Charge User No Charge
8 hI Ordinance Reference To City Fee And No Fee
9 1 Food 921 X
10 . Housing 702 X
11 Mobile Home Park 926 X .
12 I Mobile X-Ray Unit 807 X
13 .1 Well Construction X
14 p
�
15 1 t
16 k
171
181 t
19 iI I
t'
20 ('
21
22 `
231
i.
24 i1 1
25 I .
26 I!
271
281
8 of 9
I.
1i: EXHIBIT B
to
21 HEALTH SERVICES AGREEMENT.
between
31 CITY OF SEAL BEACH
and
4 COUNTY OF ORANGE
5
6 1. For services provided hereunder by the Health Officer relating to
the ordinances listed in EXHIBIT A (and any amendment, additions,
7 or deletions thereto made pursuant to this agreement), the CITY . .
shall make payment to COUNTY pursuant to this agreement at the
8 I,i Direct Labor Rates specified below:
i
9 j Program Direct Labor Rate
10 . A. Food Sanitation $ 23.82
B. Milk and Dairy Sanitation 57.38
11 1 C. Water Quality Control .32.01.
1 D. Institutional Environmental Quality 30.01
12 I E. Land Use Review 26.92
, F. Solid Waste Management 27.00
1311 G. Occupational Health .26.95
H. Radiological Health 25.57
14 II I. Housing and Community Environmental 23.01
15 III Quality
J. Community Noise Control 25.99
16 �i 2. The specified Direct Labor Rates are hourly rates and shall be
.1 charged for each hour of time spent by applicable program direct
17 I personnel in the providing of services hereunder. The term "direct
personnel" is defined to mean the following County personnel
18 fI engaged in providing health services to CITY:
19 III A. Environmental Health Sanitarian
1 B. Environmental Health Specialist
20 I' C. Sanitarian Aid .- '
D. Senior Sanitarian Aid
211 E. Milk and Dairy Inspector
F. Chief Milk and Dairy Inspector
221 G. Industrial Hygienist
H. Occupational Health Sanitarian
2311 I. Public Health Physicist
24 l- J. Environmental Health Engineering Specialist
IIf any of the above classifications are revised or replaced with
25 I other classifications performing similar functions, the personnel
assigned to such classifications shall be deemed to be "direct
2611 personnel."
27 I
281
29/11/09 (07/14/81)
9of 9
!(cP I
•
A GRi Mira T
THIS AGR_` :sP NT , made and entered into this )LiT_I,
day of atEtA , 192E, by and between the COUNTY 2F OBAFCE,
a political subdivision of the State of California , herein-
after known as the party of the first part, and the CITY OF •
SEAL BE1CH, a municipal corporation of the sixth class, situated
in the County of Orange , State of California , hereinafter known
36 the party of the second part;W I T N E S S E T T H;
viHE:EAS , ,the City of Seal Beach is a municipal °erpor-
etion 61 the sixth class , situated in the County of Orange , State
of California , and the parts of the second part herein desires
to enter into a contract with the party of the first part for
and in behalf of said City of Seal Beach as provided for, by an
Act of the Legislature , approved May 3rd, 1919, and being Section
4226a of the Political Code of the State of California , whereby
the Health Officer, or other employees of the Health Department ,
• of the County of Orange , shall perform any or all functions, re—
lating to the public health within the said city of Seal Beach,
FI?ST ; (a ) The party of the first part, in consid-
eration of the stipulations hereinafter set forth , hereby agrees
that the Health Officer of the County of Orange , his deputies,
employees and other assistants, shall perform all of the functions
of health officer , relating to the control of communicable disease ,
the enforoement of quarantine regulations, milk and dairy in-
spection, food sanitatioh and general sanitary laws, as are now,
or may hereafter be prescribed by f3tate law or regulations of the..
State Board of Health or by ordinance or orders of the Board of
Supervisors of the County of Orange , or by local ordinance in said �99
01-
h
9
City of Seal Bench.
' (b) The party of the first part agrees to secure
the performance at the Orange County Laboratory of all diagnoswto
and laboratory tests necessary in the performance of the functions
4.
of said health officer , according to law, to-wit: The examin-
ation of all biological specimens necessary in the control of
communicable disease and for the enforcement of the State and Ai
s
County Dairy laws within the City of Seal Beach. 4,
SECOND: (a) The party of the second part agrees that
the health officer of the County of Orange , his deputies, em-
:3
ployees and other assistants, shall perform all of the functions i
relating to the control of communicable disease , the enforcement
of quarantine regulations, milk and dairy inspection, food sans- f
tetion and general sanitary laws, as are now or may hereafter be
prescribed by state law or regulations of the State Board of Health-,
or by ordinances or orders of the Board of Supervisors of the County t,
of Orange , or by local ordinance of said City of Seal Beach.
(b) The party of the second pert agrees that the
health officer of the County of Orange and his assistants shall
have such powers within the City of Seal Beach , and information,
access to records and assistance by the City Clerk end other rt
officials of the City of Seal Beach , not inconsistent with their
duties as city officials, as is necessary and usually extended to
the health officer , his deputies and other assistants in the per-
formance of their duties.
( c) The party of the second part agrees to pay the sum
' of One ($1.00) Dollar , yearly, to the Treasurer of the County of
Orange , State of California.
THIRD: It is understood and agreed that this contract
-2-
w-
shall become effective on G - 14: J1 a(.: , and continue
in force up to end including a Is Lys, and thereafter -
upon agreement of the parties hereto.
P
IN 'JITNIiiSS :'/I EOF, the Board of Supervisors of the
County of Orange have caused these presents to be subscribed .3
by the Board of Supervisors and the Seal of s-u id Board of `�-
A.
',-
Supervisors to be affixed snd attested by the Clerk thereof;
and the said Board of Trustees of the City of Seal Beach has .
caused these presents to be subscribed by the President of said •::::
'r.
Board of Trustees and the seal of said City of Seal Beach to
be affixed and attested by the Clerk thereof, the day and year first 0,
4
above written. •
cre
haC"rme the Board of Sup-
ervisors of the County of Orange j
The foregoing agreement was signed by the Chairman cue
If
of the SJard of Supervisors on the 7/6 ___ day of (�/N//� . ;19
-;
7,
etk of the County of-Orange
and Ex-officio Clerk of the Board ire
of Supervisors.
4Alit " fr.
President of t. e Board j" 7 uaees t
of the City of Seal Beach ,Calif. _
The foregoing agreement was signed by the President of
the Board of Trustees of the City of Seal Beach on the 4 Iii day ts.
of a-t u . _, 19 al. ,r,
,/ i .
—9
/ '_ / - '
- C erk ) ' the City of Seal ' ash
and Ex-officio Clerk of the Board `-.
of 'arustees. ',r1
Cq
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