HomeMy WebLinkAboutENVIRONMENTAL HEALTH SERVICES - 2001-10-15I
Council/Agency Meeting Held: [a-
Deferred/Continued to:. ) L/V
4A proved ❑ Conditionally Approved ❑ Denied Clerk' ignature
Council Meeting Date: October 15, 2001 Department ID Number: PLO 1-,26
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CITY OF HUNTINGTON BEACH �
REQUEST FOR ACTIONfy
m-,ixr.
SUBMITTED TO: HONORABLE MAYOR AND CITY COU G1 BERS D � f,c
SUBMITTED BY: RAY SILVER, City Administrator s n
PREPARED BY: HOWARD ZELEFSKY, Director of Plannin
SUBJECT: APPROVE THE AGREEMENT FOR PROVISION OF ENVIRONMENTAL
HEALTH SERVICES BETWEEN THE COUNTY OF ORANGE AND THE
CITY OF HUNTINGTON BEACH
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachments)
Statement of Issue:
Transmitted for City Council's consideration is* a request to enter into an Environmental
Health Services Agreement (Attachment No. 1) with the County of Orange. The term of the
Agreement is retroactive from July 1, 2001, and will remain in effect until such time as it is
terminated by either party.
The health services provided by the County of Orange will allow the City of Huntington
Beach to maintain reasonable service to those individuals or establishments requiring a
County Health Officer to perform certain functions relating to public health for food
establishments, motel/hotels or tattoo establishments. The County of Orange has provided
satisfactory service in the past and staff anticipates continuation of the same service level.
Funding Source:
There is no direct cost associated with this project; therefore, the Funding Source section
is not applicable.
Recommended Action:
Motion to:
1. "Approve and Authorize the Mayor and City Clerk to execute the Agreement for
Provision of Environmental Health Services between the County of Orange and
the City of Huntington Beach."
0 REQUEST FOR ACTION .
MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER: PL01-26
Alternative Action(s):
The City Council may make the following alternative motions-
1 - "Deny approval of the Agreement for Provision of Environmental Health Services
between the County of Orange and the City of Huntington Beach "
2. "Continue the item and direct staff accordingly."
Analysis:
The City has maintained an agreement with the County for Health Services since 1979. The
proposed Health Services Agreement between the City and the County of Orange provides
for a County health officer to perform certain functions relating to public health within the City
as specified in Exhibit A of Attachment No. 1. These services include reviewing and
inspecting:
• Food establishments
• Portions of the Uniform Housing Code
• Motel/Hotels
• Tattoo establishments
• Well construction
The Health Officer does not enforce any Building, Electrical, or Plumbing Code provisions
and does not perform vector control functions.
There is no direct cost to the City by entering into this Agreement. The City has the option to
require that the County fees or rates be paid directly by the facility or business (User) and
this is covered by Title 8 of the Huntington Beach Municipal Code (Attachment No. 2). The
payment method is further clarified in the last column of Exhibit A showing that all charges
are paid by the User and that the City will incur no cost. In summary, the City will not be
involved in the collection of or paying of any fees related to services provided by the County
pursuant to this Agreement.
The term of this Agreement is retroactive from July 1, 2001, and will remain in effect until
such time as it is terminated in accordance with the Termination paragraph of this
Agreement.
P101-26 -2- 9126/01 4:00 PM
REQUEST FOR ACTION 0
MEETING DATE: October 15, 2001 DEPARTMENT ID NUMBER: PL01-26
Projects over which public agencies exercise ministerial authority, such as this Health
Services Agreement are categorically exempt from the California Environmental Quality Act
pursuant to Section 15300.1.
Attachment(si:
1. Agreement for Provision of Environmental Health Services between
the Coun of Orange and the City of Huntington Beach.
1 2. 1 Summa of Title 8 of the Huntington Beach Municipal Code.
RCA Author: Duane Bankey/Michael Strange/Scott Hess
PI01-26 -3- 1010612001 2:25 PIA
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AGREEMENT FOR PROVISION OF
ENVIRONMENTAL HEALTH SERVICES
BETWEEN
COUNTY OF ORANGE
AND
CITY OF HUNTINGTON BEACH
T1.11S AGREEMENT entered into this 1st day of July 2001, which date is enumerated for purposes
of reference only, is by and between the COUNTY OF ORANGE, a political subdivision of the State,
(COUNTY) and CITY OF HUNTINGTON BEACH a municipal corporation (CITY).
W I T N E S S E T H:
WHEREAS, CITY wishes to contract with COUNTY for the provision of Environmental Health!
Services described herein pursuant to Health and Safety Code Section 101400 et seq.; and
WHEREAS, COUNTY is agreeable to the rendering of such services on the terms and conditions
hereinafter set forth:
NOW. THEREFORE. IT IS MUTUALLY AGREED AS FOLLOWS:
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CONTENTS
PARAGRAPH
.....,...6.,..............................................................
Contents................................................................
1. Alteration of Terms ..............................................
11. Indemnification.....................................................
III. Notices..................................................................
IV. Payments...............................................................
V. Services.................................................................
V1. Severabilitv.....................•.....................................
VII. Status of County ...................................................
VM. Term......................................................................
IX. Termination..........................................................
X. Waiver of Default or Breach ................................
SignaturePage ......................................................
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.
7
g 1I. INDEMNIFICATION
9 Each party agrees to indemnify and hold harmless the other party, its officers, agents and employees
10 from all liability, claims, losses and demands, including defense costs, whether resulting from court
11 action or otherwise, arising out of the acts or omissions of the indemnifying party, its officers, agents or
12 employees, or the condition of property used in the performance of this Agreement. Each party agrees to
13 provide the indemnifying party with written notification of any claim within thirty (30) days of notice
14 thereof, to allow the indemnifying party control over the defense and settlement of the claim, and to
15 cooperate with the indemnifying party in its defense.
16
17 III. NOTICES
18 A. Unless otherwise. specified, all notices, claims, correspondence, reports and/or authorized or
19 required by this Agreement shall be effective when:
20 I. Written and deposited in the United States -mail, first class postage prepaid and addressed as
21 follows:
22 CITY:
23
24 City Manager
25 2000 Main St.
26 Huntington Beach, CA 92648
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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I Service Express Mail, Federal Express, United Parcel Service, or other expedited delivery Service and
2 addressed as specified in subparagraph A. above.
3 C. For the purposes of this Agreement, any notice to be provided by COUNTY may be given by
4 Health Officer.
5
6 IV. PAYMENTS
7 A. In consideration of the services_ provided hereunder, including demonstration services, CITY
g agrees to pay COUNTY the fees or rates adopted by the Orange County Board of Supervisors in effect at
9 the time that such services were rendered. It is understood by the parties that such fees and rates are
10 only for the purpose of meeting COUNTY'S cost associated with providing the services.
I 1 1. COUNTY shall bill CITY for such services and payment to COUNTY should be released
12 by CITY no later than thirty (30) days after receipt of the billing form. Failure of CITY to reimburse
13 COUNTY may be considered a breach of the terms of this Agreement and may result in termination of
14 this Agreement.
15 2. COUNTY shall give CITY at least sixty (60) days notice of any change in fees or rates to be
16 adopted by the Orange County Board of Supervisors.
17 B. CITY may include, in the adoption of its ordinances, the requirement that. -COUNTY fees or
18 rates be paid directly by the facility or business (User) requiring the services in order to begin or
19 continue operation, in lieu of CITY.
20 1. In cases where User is to pay the fee or rate directly to COUNTY, CITY shall specify in its
21 ordinances that such fees or rates shall be those adopted by the Orange County Board of Supervisors in
22 effect at the time that such services were rendered.
23 2. COUNTY shall bill User for services provided pursuant to CITY ordinances or resolutions.
24 CITY shall not be responsible for failure of User to reimburse COUNTY.
25 3. COUNTY agrees that collection of such fees or rates shall be accepted as full payment for
26 services rendered in lieu of charges that would otherwise be payable by CITY under the provisions of
27 this Agreement.
28 C. All fees or rates collected by COUNTY from CITY, or Users pursuant to CITY ordinances or
29 resolutions, shall be paid to and deposited in the County Treasury and become property of COUNTY.
30
31 V. SERVICES
32 A. CFI'Y 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
37
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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
1$ services, facilities, and supplies necessary to perform the level of services to be provided.
t9 4. The Health Officer shall not enforce any building code, electrical code, or plumbing code;
20 and shall not enforce any vector control functions assumed by the Orange County Vector Control
21 District for which these functions are provided pursuant to an agreement with COUNTY dated
22 December 17, 1974.
23 C. DEMONSTRATION PROJECTS - CITY may request, and the Health Officer may provide,
24 assistance or a limited demonstration of specific environmental health services which would be
25 applicable to a newly proposed ordinance under consideration of CITY. Such demonstration may be
26 under real or simulated circumstances to aid CITY in defining the manner in which the proposed
27 ordinance enforcement would be provided. It is agreed by the parties that demonstration projects for a
28 specific ordinance shall only be provided once, and shall not exceed twenty-four (24) direct labor hours
29 of the Health Officer. It is further agreed by the parties that demonstration services shall not be provided
30 for any other ordinance, existing or proposed, having the same or similar provisions or objectives as that
31 ordinance for which the demonstration services were provided.
32
33 VI. SEVERABILITY
i
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
I
36 Federal, State, or County statute, ordinance, or regulation, the remaining provisions of this Agreement or
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I 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
I I 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 terminated 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 CI"1'Y.
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 terminate
2 this Agreement, or reduce or eliminate services, upon thirty (30) days written notice given CITY.
3 D. The rights and remedies of either party provided in this Termination paragraph shall not be
4 exclusive, and are in addition to any other rights and remedies provided by law or under this Agreement.
5
6 X. WAIVER OF DEFAULT OR BREACH
7 Waiver of any default by either party shall not be considered a waiver of any subsequent default.
8 Waiver of any breach by either party of any provision of this Agreement shall not be considered a waiver
9 of any subsequent breach. Waiver of any default or any breach by either party shall not be considered a
10 modification of the terms of this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement, in the County of Orange,
State of California.
COUNTY OF ORANGE
BY:
CHAIR OF THE BOARD OF SUPERVISORS
CITY OF HUNTINGTON BEACH
a municipal corporation
BY:
MAYOR &L'L�
SIGNED AND CERTIFIED THAT A COPY ATTEST:
OF THIS DOCUMENT HAS BEEN DELIVERED��,
TO THE CHAIR OF THE BOARD:
DARERE J. BLOOM Date CITY CLERK Date
Clerk of the Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
LAURENCE M. WATSON, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
BY: / D
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DEP ate
APPROVED AS TO FORM:
CITY ATTORNEY
BY:
Date, ,
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EXHIBIT A
TO AGREEMENT WITH
CITY OF HUNTINGTON BEACH
FOR
ENVIRONMENTAL HEALTH SERVICES
The Health Officer will provide environmental health services specified in Services Paragraph of
this Agreement as they relate to the following ordinances of CITY:
Type of Activity
)E':nablin
Resolution Ordinance
Chaff`
City User
Food
Ch. 8.04
X
(#1892)
Housing (UHC)
2322
Ch. 17.08
Motel/Hotel
2322
Ch.1708
X
Tattoo Establishment
Ch. 8.70
X
(3237)
Well Construction
Ch 14.26
X
(#1919)
loft
EXHIBIT A
{
� File Notes 0
Office of the City Clerk
Huntington Bench, California
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1
AGREEMENT FOR PROVISION OF
2
ENVIRONMENTAL HEALTH SERVICES
3
BETWEEN
4
COUNTY OF ORANGE
5
AND
6
CITY OF HUNTINGTON 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 HUNTINGTON BEACH a municipal corporation (CITY).
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W I T N E S S E T H:
13
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WHEREAS, CITY wishes to contract with COUNTY for the provision of Environmental Health
15
Services described herein pursuant to Health and Safety Code Section I01400 et seq.; and
16
WHEREAS, COUN17Y 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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CONTENTS
PARAGRAPH
TitlePage.....................................................................
Contents.......................................................................
1. Alteration of Terms .....................................................
Il. Indemnification........................................................ I...
III. Notices.........................................................................
IV. Payments......................................................................
V. Services........................................................................
VI. Severability..................................................................
VII. Status of County..........................................................
VIII. Term..............................................................................
IX. Termination.................................................................
X. Waiver of Default or Breach ........................................
SignaturePage..............................................................
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1 I. ALTERATION OF TERIMS
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
g 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
l I action or otherwise, arising out of the acts or omissions of the indemnifying party, its officers, agents or
12 employees, or the condition of property used in the performance of this Agreement. Each party agrees to
13 provide the indemnifying party with written notification of any claim within thirty (30) days of notice
14 thereof, to allow the indemnifying party control over the defense and settlement of the claim, and to
15 cooperate with the indemnifying party in its defense.
16
17 III. NOTICES
18 A. Unless otherwise specified, all notices, claims, correspondence, reports and/or authorized or
19 required by this Agreement shall be effective when:
20 1. Written and deposited in the United States mail, first class postage prepaid and addressed as
21 follows:
22 CITY:
23
24 City Manager
25 2000 Main St.
26 Huntington Beach, CA 92648
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
3 of 8
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 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 CTTY 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
37 11
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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
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
1 I issuance, suspension, or revocation as appropriate; and review of any follow-up action as required.
12 2. It is agreed that nothing in this Agreement shall be construed as binding CITY to demand of
13 COUNTY, or as requiring COUNTY to perform, any particular number of inspections or visits. At the
14 Health Officer's sole discretion, services under this Agreement may be denied to CITY if the Health
15 Officer determines that appropriate personnel or other resources are unavailable or the Health Officer
16 does not have legal capacity to act.
17 3. COUNTY shall furnish all necessary labor, supervision, equipment, communication
18 services, facilities, and supplies necessary to perform the level of services to be provided.
19 4. The Health Officer shall not enforce any building code, electrical code, or plumbing code;
20 and shall not enforce any vector control functions assumed by the Orange County Vector Control
21 District for which these functions are provided pursuant to an agreement with COUNTY dated
22 December 17, 1974.
23 C. DEMONSTRATION PROJECTS - CITY may request, and the Health Officer may provide,
24 assistance or a limited demonstration of specific environmental health services which would be
25 applicable to a newly proposed ordinance under consideration of CITY. Such demonstration may be
26 under real or simulated circumstances to aid CITY in defining the manner in which the proposed
27 ordinance enforcement would be provided. It is agreed by the parties that demonstration projects for a
28 specific ordinance shall only be provided once, and shall not exceed twenty-four (24) direct labor hours
29 of the Health Officer. It is further agreed by the parties that demonstration services shall not be provided
30 for any other ordinance, existing or proposed, having the same or similar provisions or objectives as that
31 ordinance for which the demonstration services were provided.
32
33 VI. SEVERABILITY
34 If a court of competent jurisdiction declares any provision of this Agreement or application thereof
35 to any person or circumstances to be invalid or if any provision of this Agreement contravenes any
36 Federal, State, or County statute, ordinance, or regulation, the remaining provisions of this Agreement or
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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.
lu.11MIl3" i
A. The term of this Agreement shall commence on July 1, 2001 and shall remain in effect until
such time as it is terminated in accordance with the Termination Paragraph of this Agreement; provided,
however, the parties shall be obligated to perform such duties as would normally extend beyond this
term, including but not limited to, obligations with respect to confidentiality, indemnification, audits,
reporting and accounting.
B. In the event of termination of this Agreement, the Health Officer shall have no obligation to
enforce any ordinance of CITY.
IX. TERMINATION
A. Either party may terminate this Agreement, without cause, upon sixty (60) days written notice
given the other party.
B. Either party may terminate this Agreement upon five (5) days written notice given the other, if
either party fails to perform any of the terms of this Agreement, provided the allegedly breaching party
has been given written notice of the alleged breach, and has failed to cure the alleged breach within
thirty (30) days.
C. CONTINGENT FUNDING
1. Any obligation of COUNTY under this Agreement is contingent upon the following:
a) The continued availability of Federal, State or COUNTY funds for reimbursement of
COUNTY'S expenditures, and
b) Inclusion of sufficient funding for the services hereunder in the applicable budget
approved by the Board of Supervisors.
H
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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.
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.
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IN WITNESS WHEREOF, the parties have executed this Agreement, in the County of Orange,
State of California.
COUNTY OF ORANGE
V."V
CHAIR OF THE BOARD OF SUPERVISORS
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIR OF THE BOARD:
DARLENE J. BLOOM
Clerk of the Board of Supervisors
of Orange County, California
Date
APPROVED AS TO FORM:
LAURENCE M. WATSON, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
CITY OF HUNTINGTON BEACH
a municipal corporation
BY:Q"4;,
MAYOR
ATTEST:
Lo 0
CITY CLERK Date
APPROVED AS TO FORM:
CITY ATTORNEY
BY: S / d BY:
DEP Y Date ,�, 8 I �' Dat
TIM.
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EXHIBIT A
TO AGREEMENT WITH
CITY OF HUNTINGTON BEACH
FOR
ENVIRONMENTAL HEALTH SERVICES
The Health Officer will provide environmental health services specified in Services Paragraph of
this Agreement as they relate to the following ordinances of CITY:
Enabling
Type of Activity Resolution Ordinance
Char e
City User
Food
Ch. 8.04
X
(#1892)
Housing (UHC)
2322
Ch. 17.08
MoteVHotel
2322
Ch. 1708
X
Tattoo Establishment
Ch. 8.70
X
(3237)
Well Construction
Ch 14.26
X
(#1919)
1 of 1
EXHIBIT A
ATTACHMENT 1
ATTACHMENT 2
Huntington Beach Municipal Code
Title 8 index-8.04.010(b)
Title 8
HEALTH AND SAFETY
ha ters:
804 Food Handling Establishments
8.08 Repealed (3493.5101 J
812 Fly Control
8.16 Weed Abatement
8.17 Abatement of Trees and Shrubs Obstructing Public Rights-of-Wav
8,20 Refpse
8.24 Dust --Industrial Waste
8,32 Standing Wate
8,36 u bi
8.40 Noise Control
8.42 Use of Police Services at Loud Peres or Other Activities
8 44 Vehicles and Motorcycles
8.48 Inoperable Vehicles
8 O Mobile Source Air Pollution Reduction rdinance
8.56 Mobile X- 4Y Units
8.60 Civil Defen$e--Emergency SeLices
8.64 Labor Camps
8.68 FireMed Program
8.70 Tattooing Establishment_ and Qperatign Relations
Chapter 8.04
FOOD HANDLING ESTABLIS NTS
(514-8147, 1254-9M, 1892-2f74, 2407-2180, 3205-10/93)
Sections:
8.04.010
Definitions
8.04.020
Permit required --Conditions and terms
8.04.030
Construction, conversion and alteration
8.04.040
Suspension of permits
8.04.050
Notice of violation
8.04.060
Hearing
8.04.070
Mobile food preparation units --generally
8.04.080
Additional requirements for mobile food preparation units operating in
multi -locations in any day
8.04.090
Suspension for refusal of entry
8.04.100
Summary suspension
8.04.110
Supervision of closing down prear ses
8.04.120
Rules and regulations
8.04.130
Fees
8.04.140
Penalty
8.04.150
Preemption
8.04.010 Definitions. The following terms used in this chapter shall have the meanings indicated
below; provided, however, said definitions shall also include any amendments or changes made to
referenced sections of the California Health and Safety code after January 1, 1991: (3205-1 w93)
(a) Certified fgmers' market shall be as defined in section 27512 of the California Health and
Safety Code. (3205-10193)
(b) Commissary shall be as defined in section 27513 of the California Health and Safety Code.
(3205-10/93)
E
RCAttOUTING 6iEET
INITIATING DEPARTMENT:
Planning
SUBJECT:
APPROVE THE AGREEMENT FOR PROVISION OF
ENVIRONMENTAL HEALTH SERVICES BETWEEN THE
COUNTY OF ORANGE AND THE CITY OF HUNTINGTON
BEACH
COUNCIL MEETING DATE:
October 15, 2001
RCA ATTACHMENTS
STATUS
Ordinance (wlexhibits & legislative draft if applicable)
Not Applicable
Resolution (wlexhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attomey)
Attached
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attomey)
Not Applicable
Certificates of Insurance (Approved by the City Attomey)
Not Applicable
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable. -
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (if applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FORWARDED.
Administrative Staff 4
( )
( )
Assistant City Administrator (Initial)
{ )
{ }
City Administrator (Initial)
( )
( )
City Clerk
{ )
E�4c,_
EXPLANATION FOR RETURN OF ITEM:
l
a