HomeMy WebLinkAboutHealth Officer Agreement 12221980 M E M O R A N D U M
• TO: City Council
FROM: City Manager
SUBJECT: Health Department Services Contract
Attached is a proposed Agreement between the City of
Atascadero and the County to provide for City health functions.
Traditionally, the County Health Department has performed a
variety of health services for cities within the County.
These services have included such things as periodic inspection
of restaurants, food stores, environmental health situations
concerning sewage as well as quarantine or other illness
situations. Their responsibilities are generally prescribed
by State statute which are rather comprehensive.
Historically, some cities have had health officers on
their own staffs; but, as the function has became more
technical cities (except for the very large ones) have tended
to contract with the County Health Officer to perform these
functions. Within this County, the County Health Department
has provided health services to all cities. In the past,
prior to Proposition 13, the associated costs were absorbed
almost totally by the County or were performed by the County
for a very nominal fee, which differed from city to city.
Recently, the County Health Officer has re-examined
these City-County relationships . He had proposed raising
the fees to cities in the order of $50. 00 or higher per
month depending upon population. The City Managers disagreed
with this approach since many of the services are mandated
by the State and since much of the activity is supported by
general tax revenues in which the cities share. After some
discussion, the County Health Officer has provided a proposal
consisting of two options. One would be $1. 00 per month fee,
which would provide only the basic health services specified
in the Health and Safety Code. But, if additional services
were required, then the City would have to pay the costs for
those services. Among these services might be septic tank
surveys or other environmental health considerations.. The
other alternative is to pay $25. 00 per month which will pro-
vide basic health services plus other requested services;
again, such as septic tank survey, evaluation of health
problems associated with collection of debris, or items of
similar nature.
In considering the issue, it is my recommendation that
we enter into the attached agreement at the $25. 00 per month
rate in order to assure the additional health services. We
• will also have to adopt, in the near future the County
Hea tX and S nitation ordinance.
JWR'RAY WARDEN
:ad
12-18-80
AGREEMENT BETWEEN THE CITY OF ATASCADERO
AND THE COUNTY OF SAN LUIS OBISPO FOR PERF_ORMANCE
OF CITY HEALTH FUNCTIONS
THIS AGREEMENT is made and entered into this relay ofi''
1980, by and between the County of San Luis Obispo, hereinafter referred to as
"County°, and the City of Atascadero , hereinafter referred to as "City".
WITNESSETH:
W:-'"REPS, the Health and Safety Code authorizes a City to contract with
a County for the performance by the Health Officer and other employees of the
County of any or all functions relating to the enforcement in the City of all
orders and ordinances of the City pertaining to the public health; orders; quaran-
tines and other regulations of the State Department of Health; and allstatutes
relating to the public health; and
WHEREAS, it is beneficial for the City to contrast with the County for.the
performance of City health functions pursuant to Health and Safety Code Section
480; and
WHEREAS, the City is desirous of contracting with the County for the
performance of the hereinafter described health services within its boundaries
by the County of San Luis Obispo through the County Health Department; and
WHEREAS, the County is agreeable to providing such services in accordance
with the provisions of the Health and Safety Code.
NOW, THEREFORE, itis agreed as follows:
1. Term and Renewal : This Agreement shall be effective, on the ?st day of
July, 1980, and shall terminate on the 30th day of June, 1985. This Agreement
shall thereafter be renewable for successive periods not to exceed 5 years each,
on such terms and conditions as the parties hereto may agree to.
2. Scope of Se4lices: The County Health Officoand his deputies shall
exercise the same powers and duties in the City as are conferred by law on City
• Health Officers, including, but not necessarily limited to, enforcing and ob-
serving all :
a. Orders and ordinances adopted by the governing body of the City per-
taining to the public health;
b. Orders, quarantine and other regulations, and rules, concerning the
public health, prescribed by the State Health Department;
c. Statutes relating to the public. health.
3. Fen for Services: In consideration of the services provided hereunder
by thn County, and in addition to any sums received by County pursuant to the
provisions of paragraphs 14 and 15 herein, City agrees to pay to County the sum
of $25. 00 each month. Said sum shall be paid by the 10th of the following
month to the San Luis Obispo County Health Department.
4. Ordinance Enforcement: City understands and agrees that the County
• Health Office", when acting as the wCity Heal th.,.Offiser pursuant to this contract,
Lhoaso legl authority to enforce County Health Ordinances within the Com. The
y Health Officer's duty to enforce health ordinances under this contract is
limited to those ordinances which the City, in its discretion, may choose to
enact. Notwithstanding anything to the contrary contained in this Agreement,
City shall enact and maintain in full force and effect, including the amount of
fees provided therein or by resolution, an ordinance comparable in terms with the
provisions of the County Health and Sanitation Ordinance, San Luis Obispo County
Code Title 8; provided, however, that modifications or amendments to the general
provisions of Title 8 may be developed which are warranted by the unique circum-
stances of the City.
5. Citation Authority: City agrees to adopt an ordinance granting citation
• authority to the County/City Health Officer pursuant to Penal Code Section 836.5
for the enforcement of State law and City ordinances within the incorporated limits
of the City.
6. Services Ex ted - Prosecution and Civil AcOons: It shall be the
duty of the City Attorney, exercising the discretion vested in his office, to
prosecute violations of the City's health ordinances, and to take whatever other •
legal action may be necessary to enforce health laws within the City.
7. Supervision of Services: The rendition of the services specified in
Paragraph (2) of this Agreement, and matters incidental to the performance of said
services, and the control of personnel so employed, shall remain in and be the
exclusive responsibility of the County.
S. Cooperation: To facilitate the performance of the foregoing services, it
is her;-=.',y agreed that the County shall have the full cooperation and assistance
from, the City, its officers, agents, and employees.
9. Special Supplies: Notwithstanding anything in this Agreement to the
contrary, it is agreed that in all instances wherein County decides that special
supplies , stationery, notices, forms,and the like must be issued in the name, of
City, the same shall be supplied by City at its own cost and expense.
. 10. Enployee Status: All persons employed in the performance of the servic*
and functions specified in Paragraph (2) of this Agreement shall be County employees,
no City employee shall become a County employee by ,reason of this Agreement, and
no person, employed hereunder shall have any City pension, Civil Service, or any
similar status or right. For this Agreement, and for the sole purpose of giving
legal status to the performance thereof, where necessary, every County officer and
employee engaged in the performance of any service hereunder shall be deemed an
officer or employee of City while performing services for City.
11. Employee Compensation: City shall not be called upon to assume any
liability for the direct payment of any salaries, wages, or other compensation
to any County personnel performing services hereunder, or any liability other
than that provided in this Agreement. The City shall not be liable for compen-
sation or indemnity to any County employee for injury or sickness arising out of•
his employment.
12. Indemnification for Sole Conduct: Notwithstanding the provisions of .
Paragraph (10) , each party hereto shall defend, indemnify and save harmless the
• other party and the other party's officers, .agents and employees, from and against
any and all claims, demands, liability, costs, expenses, damages, causes of action,
including, but not limited to, inverse condemnation and judgments arising out of
the sole negligence or sole intentional acts of the party or its officers, agents
or employees or independent contractors solely responsible to such party, in per-
forming or attempting to perform pursuant to the provisions of this Agreement,
includina Loth acts and omissions to act.
13. Indemnification for Joint Conduct: Except as otherwise provided herein,
City s�!all defend, indemnify and save harmless County and its officers, agents
and emplcyees, from and against any and all claims, demands, liability, costs,
expenses, .damages, causesof action, including, but not limited to, inverse
condemnation, and judgments arising out of the joint negligence or joint intentional
acts of City and County and their officers, agents, employees, or independent
• contractors directly responsible to them, in performing or attempting to perform
pursuant to the provisions of this Agreement, including both acts and omissions
to act; provided, however, that County shall be solely responsible for the amount
of any judgment rendered against County, or one of its agents, or employees, if
such judgment is specifically rendered in a court finding of responsibility by
the County, or one of its agents or employees, for an act of negligence,and City
shall not be required to indemnify for such judgment. Likewise, the City shall
be solely responsible for any judgment rendered against it or its agents or employees
which is based upon an expressed act of negligence by it or one of its agents or
employees.
County agrees to cooperate with the City in the defense of any such claims
or litigation.
•
14. Revenue from Permit, Inspection, Enforcement and Laboratory Fees:
Revenue collected b0he County for permit, inspecti* enforcement and laboratory
fees, which shall be set by ordinance of the County, and thereafter adopted by
the City pursuant to paragraph(4) of this Agreement, shall be retained by the •
County.
15. Revenue from Fines: Fine monies which are imposed and collected as a result
of citations issued or arrests made within the City for violations of health laws,
and which are thereafter distributed to City pursuant to the provisions of penal
Code Section 1463, shall , upon receipt by City, be forwarded to the County.
16. Books and Records: County agrees to keep such books and records and in
such form and manner as the County Auditor-Controller shall specify. Said books
shall be open for examination by City at all reasonable times.
17., Modification: This Agreement constitutes the entire understanding of
the parties concerning the performance of City health functions and no modifications
of the terms of this Agreement shall be effective unless in writing and signed by
the parties.
18. Termination: Either party may terminate this Agreement at any time by •
giving to the other party sixty(60) days written notice of such termination and
the effective date of such termination. In the event either party desires to
terminate a portion of the Agreement without terminating the entire service, such
partial termination will require a separate agreement of the parties. Upon termina-
tion of this Agreement, County shall prorate fees collected and revenue realized
between County and City based upon services actually rendered to and including the
date of termination.
IN WITNESS WHEREOF, the City of Atascadero by resolution duly adopted
by its City Council, causes this Agreement to be signed by its Mayor and attested
by its Clerk, and the County of San Luis Obispo, by order of the Board of Super-
visors, causes these presents to be subscribed by Chairman of said Board and the 01
of said Board to be affixed thereto, attested by the Clerk of said Board on the day
and year first above written.
• CITY OF ATASCADERO
ROBERT J. WILKINS, JR. , Mayor
ATTEST:
MURRAY L. WARDEN
City Clerk
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