HomeMy WebLinkAbout23 - Health Services AgreementAgenda Item Number 23
CITY OF NEWPORT BEACH
ADMINISTRATIVE SERVICES DEPARTMENT
Resource Management • Fiscal Services • M.I.S. • Revenue • Accounting
DATE: January 22, 2002
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: Glen Everroad, Revenue Manager
RE: HEALTH SERVICES AGREEMENT
Suggested Action
Authorize Mayor Ridgeway to execute the attached proposed agreement with the County of Orange to
continue to provide environmental health services for the City of Newport Beach.
Background
Since 1981 the City has entered into five -year agreements with the County of Orange Health Care Agency to
inspect and enforce City ordinances and State statutes relating to public health. Each city in Orange County
similarly contracts with the Health Care Agency. Contracting with the County to provide these services has
established consistent monitoring and enforcement of health and sanitation requirements throughout the
county. The current five -year Health Services Agreement between the City and County expired on July 1,
2001.
Similar to the previous Health Services Agreements, the attached proposed agreement provides that
the costs for services shall be captured through user fees collected by the Health Care Agency
directly from businesses subject to state or local inspection requirements. This city has nearly five
hundred businesses subject to inspection and they include restaurants and other food service
facilities, motels and hotels, massage and tattoo establishments, and public pools. Exhibit A of the
attached proposed agreement lists the general types of activity to be inspected and the applicable
enabling chapters of Newport Beach Municipal Code.
The attached proposed agreement differs from previous agreements in that there is no expiration
date and a section has been added to allow either the City or County to terminate the agreement,
without cause, with a sixty-day written notice. Renewal of the Health Services Agreement has been
delayed while the County investigated the City's request to include inspection and enforcement
services for Chapter 14.30 relating to grease control devices. The County has indicated that they are
currently developing a countywide model ordinance to address grease control devices and were not
able include separate inspection services for individual cities.
Attachment: Proposed Agreement
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AGREEMENT FOR PROVISION OF
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ENVIRONMENTAL HEALTH SERVICES
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BETWEEN
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COUNTY OF ORANGE
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AND
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CITY OF NEWPORT BEACH
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THIS AGREEMENT entered into this 1st day of July 2001, which date is enumerated for purposes
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of reference only, is by and between the COUNTY OF ORANGE, a political subdivision of the State,
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(COUNTY) and CITY OF NEWPORT BEACH a municipal corporation (CITY).
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W I T N E S S E T H:
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WHEREAS, CITY wishes to contract with COUNTY for the provision of Environmental Health
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Services described herein pursuant to Health and Safety Code Section 101400 et seq.; and
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WHEREAS, COUNTY is agreeable to the rendering of such services on the terms and conditions
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hereinafter set forth:
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NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
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EXHIBIT A......
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PARAGRAPH PAGE
TitlePage .................................................................................................. ...............................
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Contents.................................................................................................... ...............................
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I.
Alteration of Terms .................................................................................. ...............................
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II.
Indemnification ......................................................................................... ...............................
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III.
Notices ...................................................................................................... ...............................
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N.
Payments ................................................................................................... ...............................
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V.
Services ..................................................................................................... ...............................
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VI.
Severability ............................................................................................... ...............................
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VII.
Status of County ....................................................................................... ...............................
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VIII.
Term .......................................................................................................... ...............................
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IX.
Termination .............................................................................................. ...............................
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X.
Waiver of Default or Breach .................................................................... ...............................
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SignaturePage .......................................................................................... ...............................
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EXHIBIT A......
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1 I. ALTERATION OF TERMS
2 This Agreement, together with Exhibit A attached hereto and incorporated herein by reference, fully
3 expresses all understanding of COUNTY and CITY with respect to the subject matter of this Agreement,
4 and shall constitute the total Agreement between the parties for these purposes. No addition to, or
5 alteration of, the terms of this Agreement, whether written or verbal, shall be valid unless made in
6 writing and formally approved and executed by the parties.
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8 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 party agrees to
13 provide the indemnifying party with written notification of any claim within thirty (30) days of notice
14 thereof, to allow the indemnifying party control over the defense and settlement of the claim, and to
15 cooperate with the indemnifying party in its defense.
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17 III. NOTICES
18 A. Unless otherwise specified, all notices, claims, correspondence, reports and/or authorized or
19 required by this Agreement shall be effective when:
20 1. Written and deposited in the United States mail, first class postage prepaid and addressed as
21 follows:
22 CITY:
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24 City Manager
25 3300 Newport Bl.
26 Newport Beach, CA 92663
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28 COUNTY: Health Officer
29 County of Orange
30 Health Care Agency
31 515 North Sycamore, 6th Floor
32 Santa Ana, CA 92701
33 2. Faxed, transmission confirmed; or
34 3. Accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel Service, of
35 other expedited delivery service.
36 B. Termination Notices shall be effective when written and deposited in the United States mail,
37 certified, return receipt requested, when faxed, transmission confirmed, or when accepted by U.S. Postal
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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.
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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 CITY under the provisions of
27 this Agreement.
28 C. All fees or rates collected by COUNTY from CITY, or Users pursuant to CITY ordinances or
29 resolutions, shall be paid to and deposited in the County Treasury and become property of COUNTY.
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31 V. SERVICES
32 A. CITY shall designate the Health Officer as the Health Officer of CITY pursuant to Health and
33 Safety Code Section 101460. "Health Officer" means the Health Officer, or designee, of the County of
34 Orange designated by the Orange County Board of Supervisors. 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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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
1I issuance, suspension, or revocation as appropriate; and review of any follow -up action as required.
12 2. It is agreed that nothing in this Agreement shall be construed as binding CITY to demand of
13 COUNTY, or as requiring COUNTY to perform, any particular number of inspections or visits. At the
14 Health Officer's sole discretion, services under this Agreement may be denied to CITY if the Health
15 Officer determines that appropriate personnel or other resources are unavailable or the Health Officer
16 does not have legal capacity to act.
17 3. COUNTY shall furnish all necessary labor, supervision, equipment, communication
18 services, facilities, and supplies necessary to perform the level of services to be provided.
19 4. The Health Officer shall not enforce any building code, electrical code, or plumbing code;
20 and shall not enforce any vector control functions assumed by the Orange County Vector Control
21 District for which these functions are provided pursuant to an agreement with COUNTY dated
22 December 17, 1974.
23 C. DEMONSTRATION PROJECTS - CITY may request, and the Health Officer may provide,
24 assistance or a limited demonstration of specific environmental health services which would be
25 applicable to a newly proposed ordinance under consideration of CITY. Such demonstration may be
26 under real or simulated circumstances to aid CITY in defining the manner in which the proposed
27 ordinance enforcement would be provided. It is agreed by the parties that demonstration projects for a
28 specific ordinance shall only be provided once, and shall not exceed twenty -four (24) direct labor hours
29 of the Health Officer. It is further agreed by the parties that demonstration services shall not be provided
30 for any other ordinance, existing or proposed, having the same or similar provisions or objectives as that
31 ordinance for which the demonstration services were provided.
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33 VI. SEVERABILITY
34 If a court of competent jurisdiction declares any provision of this Agreement or application thereof
35 to any person or circumstances to be invalid or if any provision of this Agreement contravenes any
36 Federal, State, or County statute, ordinance, or regulation, the remaining provisions of this Agreement or
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I the application thereof shall remain valid, in full force and effect, and to that extent the provisions of this
2 Agreement are severable.
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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.
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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 CITY.
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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.
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6 X. WAIVER OF DEFAULT OR BREACH
7 Waiver of any default by either party shall not be considered a waiver of any subsequent default.
8 Waiver of any breach by either party of any provision of this Agreement shall not be considered a waiver
9 of any subsequent breach. Waiver of any default or any breach by either party shall not be considered a
10 modification of the terms of this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement, in the County of Orange,
State of California.
CCOUNTY OF ORANGE
t' ",
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
BY:
DEPU Y liate
CITY OF NEWPORT BEACH
a municipal corporation
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ATTEST:
IATJFX10) I
CITY CLERK Date
APPROVED AS TO FORM:
CITY ATTORNEY
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EXHIBIT A
TO AGREEMENT WITH
CITY OF NEWPORT 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
Enabling
Resolution Ordinance
Charge
City User
Food
Title 6, Ch.
X
6.08 ( #1593)
Housing (UHC)
6298
Title 15, Ch.
15.03
Motel/Hotel
6298
Title 15, Ch.
X
15.03
Massage Establishment
8801 (fees)
Title 5, Ch.
X
5.50 (# 85 -32)
Tattoo Establishment
8801 (fees)
Ch. 6.20
X
( #1655)
Well Construction
Title 14, Ch.
X
14.34 ( #1587)
1ofl
EXHIBIT A