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HomeMy WebLinkAbout1993-06-22 - AGENDA REPORTS - RENEWAL COUNTY HEALTH CONTRACT (2)AGENDA REPORT CONSENT CALENDAR DATE: June 22, 1993 City Manager ApAby: Item to be prese George Caravalho SUBJECT: Renewal County Health Services Contract DEPARTMENT:' City Manager i7_Td3c7TiIi1�G This item is on the agenda in order to renew the City's existing agreement with Los Angeles County for health related services. Items provided within this contract include but are not limited to ambulance service, indigent care, public health, health inspections and other regulations pertaining to public health. The following represents proposed changes from the current agreement: Page 5, Paragraph 9 The Director of Health Services is now authorized to consent to contract renewals rather than the Board of Supervisors. This provision is unacceptable to the City, therefore a change must be negotiated by our City Attorney with the County Counsel. . Page 5, Paragraph 9, Subparagraph 2. In the current agreement, the County could terminate the agreement at any time. However, the City could only terminate with a written notice 30 days before the first day of July each year. In the proposed agreement, the City or County may terminate the agreement as of the first day of July of any year by providing notice, in writing, no less than two calendar months before hand. This provision is acceptable to the City. RECOMMENDATION That the. City Council authorize agreement pending approval of the City Attorney, --- ATTACHMENT Contract on file with the City Cierk APPROVED Contract # HEALTH SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of 1993, by and between COUNTY OF LOS ANGELES (hereafter "County") and CITY OF SANTA CLARITA (hereafter referred to as "City"). WHEREAS A. City is desirous of contracting with County for the performance of the hereafter described health services within its boundaries by County through its Department of Health Services, hereafter referred to as "Department". B. .County is agreeable to rendering such services on the terms and conditions hereafter set forth; and, C. Such contracts are authorized and provided for by the provisions of Sections 480 through 482 of the Health and Safety Code. NOW, THEREFORE, it is agreed as follows: 1. County agrees to provide health services within the corporate limits of City to the extent and in the manner hereafter set forth. Such services shall only encompass duties and functions of the types customarily rendered by Department under the charter of County and the statutes of the State of California. 2. The rendition of all services performed hereunder, the standard of performance and other matters. incidental to the performance of such.services, and the control of personnel so employed, shall remain in County. In the event of dispute between the parties as to the extent of the duties and functions to be rendered hereunder, or the manner of performance of such service, the determination thereof shall be made by the Director of the Department of Health Services or his authorized designee,: hereafter jointly referred to as."Director" County agrees to perform for.City such public health services as are authorized by Sections 480 through 482 of the Health and Safety Code and by City's ordinances relating to public health. 3. In the event City by ordinance adopts the provisions of County Code, Title 8, Title 11, Title 20, Chapters 20.52 thru 20.89 and the amendments thereto, County agrees to enforce these Code provisions in City to the same extent as they are enforced in the unincorporated territory of County. In such event, County agrees to issue the permits and collect the fees provided for in County Code, Title 8, Chapter 8.04 and in Title 20, Chapters 20.52 thru 20.89 . - 2 - Said fees shall be retained by Director .for the benefit of County as full compensation for the services.performed by Director in the enforcement of City and County ordinance provisions, except that any court time spent in the enforcement of City ordinances thereof shall be compensated for in accordance with Paragraph Ten hereof. Whenever County Code, Title 8, Chapter 8.04 or Title 20, Chapters 20.52 thru 20.89 are amended to change the amount or amounts of any of the said permit fees, City shall at once amend its ordinance to provide permit fees in the exact amount as those designated in the Los Angeles County Code as amended. In the event that City elects to set, collect, and retain its own permit fees, it shall so notify Director, and shall thereafter pay the cost of service under this Paragraph pursuant to Paragraph Ten hereof. 4. To facilitate the performance of said services, it is hereby agreed that County shall have full cooperation and assistance from City, its officers, agents, and employees. Prior.to performance by County of services pursuant to this Agreement,_City shall provide to County a written list.of the health services which it requests County to perform and the State and local public health regulations which it requests County to enforce. - 3 - 5. For the purpose of performing said functions, County. shall furnish and supply all necessary labor, supervision, equipment, and supplies necessary.to provide the level of service to be rendered hereunder. Notwithstanding anything hereinbefore contained, it is agreed that in all instances wherein additional 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... 6. All persons employed in the performance of such services and functions for City shall be County employees and no City i employee as such shall be taken over by County, and no person employed hereunder shall have any City pension, civil service, or any status or right. For the purpose of performing such services and functions and for the purpose of giving official status to the performance thereof where necessary, every County officer or employee engaged in the performance of any service hereunder shall be deemed to be an officer or employee of City while performing services for City, which services arewithin the scope of this Agreement. 7. City shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation for any County personnel performing services - 4 - hereunder for County, or any liability other than that provided for in this Agreement. Except as herein otherwise specified, City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his employment. 8. The Assumption of Liability Agreement executed by the parties to this Agreement, and approved by the Board of Supervisors on December 27, 1977, currently in effect is hereby made a paxt of and incorporated into this Agreement as if set out in full herein unless said Assumption of Liability Agreement is expressly superseded by a subsequent agreement hereafter entered, into between the parties hereto. ' 9. Unless sooner terminated as provided for herein, this Agreement shall become effective on July 1, 1993 and shall run for a period of five (5) years thereafter. At theoption of City, with the consent of the Director, this Agreement shall be renewable for successive periods not to exceed five (5) years each. Notwithstanding the provisions of this Paragraph, County or City may terminate this Agreement as of the first day of July of any year upon notice in writing to the other party of no less than two (2) calendar months prior thereto. Notwithstanding any provision herein to the contrary, City may also terminate this Agreement upon written notice to County - 5 - given within sixty (60) days of receipt of written notice by County of any increase in the rate for any service to be performed hereunder, and in such an event, this Agreement shall terminate sixty (60) calendar days from the date of City's aforementioned notice to County. 10.. City shall pay the cost for the enforcement of a City ordinance or ordinances, except the City ordinance which adopts County Code, Title 8, Chapter 8.04, Title.20, Chapter 20.52 thru 20.89, Title 11, and its amendments, at rates to be determined by County's Auditor -Controller in accordance with the policies and. procedures established by the Board of Supervisors. t The foregoing rates shall be adjusted.by County's Auditor - Controller annually effective July 1st of each year to reflect the cost of such service in accordance with the policies and procedures for the determination of such rate as adopted by the Board of Supervisors. All services rendered hereunder are subject to the limita- tions of the provisions of Section 23008 of the Government Code, in accordance therewith. Before any services are rendered pursuant hereto, an amount equal to the cost or an amount 16% in excess of estimated cost must be reserved by City from its funds to insure payment for work, services, or materials provided hereunder. 6 - 11. County, through Director, shall render to City within ten (10) days after the close of each calendar month an itemized invoice which covers all services performed during said month, and City shall pay County therefor within thirty (30) days after date of said invoice. If -such payment is not delivered to the County office which is described on said invoice within thirty (30) days after the date of the invoice, County is entitled to recover interest thereon. 'Said interest shall be at the rate of seven (7) percent per annum of any portion thereof calculated from the last day of the month in which the services were performed. 12. If such payment is not delivered to the County office which is described on said invoice within thirty (30) days after the date of`the invoice, County may satisfy such indebtedness, including interest thereon, from any funds of City on deposit with County without giving further notice to City of County's intention to do.so. IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Agreement.to be subscribed by its 7 - Director of Health Services and City has caused this Agreement to be subscribed in its behalf by its duly authorized officer, the day, month, and year first, above written. - COUNTY OF LOS ANGELES By Robert C. Gates Director of Health Services By Mayor, City of Santa Clarita- ATTEST: By i City C1erk.of Santa Clarita APPROVED AS TO FORM BY THE OFFICE OF THE COUNTY COUNSEL DE WITT W: CLINTON County Counsel APPROVED AS TO CONTRACT ADMINISTRATION: Department of Health Services By Chief, Contracts and Grants Division rdt:04/09/93 CG/PUBHLTHHB9.WMc MM a