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Home My WebLink AboutCC Resolution 10916 (Housing & Hotel Inspections)RESOLUTION NO. 10916 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL ADOPTING A REVISED AGREEMENT FOR HEALTH SERVICES WITH MARIN COUNTY, ELIMINATING THE COUNTY'S RESPONSIBILITY FOR HOUSING AND HOTEL INSPECTIONS WHEREAS, in 1973, the City Council adopted Resolution 4542 which authorized an agreement with Marin County to provide public health services required by State law and local ordinances; and WHEREAS, in 2001, the City Council determined that the City would assume responsibility from Marin County for inspection of all apartments and hotels within the City for compliance with uniform building codes, adopted Ordinance 1769 establishing regulations for such inspections, and amended the City's fee schedule to establish a funding source for an expanded inspection program; and WHEREAS, an amendment of the former 1973 agreement is necessary to eliminate the County's responsibility for housing and hotel inspections; NOW THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael adopts the revised health services agreement with Marin County, eliminating the County's responsibility for housing and hotel inspections, which is attached and made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Tuesday, the fourth day of September 4, 2001, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: [lone JEAft M. LEONCINI, City Clerk \ko AGREEMENT FOR HEALTH SERVICES This AGREEMENT is made and entered into this day of D , 2001 by and between the COUNTY OF MARIN, a political subdivision of the State of California (hereinafter "County") and the CITY OF SAN RAFAEL, a municipal corporation (hereinafter "City"). RECITALS WHEREAS, pursuant to Division 101, Part 3, Chapter 4, Articles 2 and 3 of the California Health & Safety Code, City may by resolution or ordinance transfer the responsibility for enforcement of public health statutes and related regulations to the County Health Officer, and County may enter into agreements authorizing the County Health Officer and other employees of the County to enforce and observe within City certain ordinances pertaining to public health and sanitation and the making of all inspections and performance of all functions in connection therewith; and WHEREAS, City and County determined that the public interest would be best served by such an agreement between the City and County; and WHEREAS, the County and the City entered into an Agreement dated August 28, 1973 for certain health services provided by the County ("Prior Agreement"); and WHEREAS, the parties have recently reviewed the Prior Agreement and would like to modify and clarify portions of the Prior Agreement; and WHEREAS, City has recently adopted Chapter 12.42 of the San Rafael Municipal Code to provide for a periodic Housing Inspection Program for apartments and hotels located within the City; NOW, THEREFORE, the parties agree to terminate the Prior Agreement and enter into this Agreement for certain health services provided by the County, as set forth below. AGREEMENT 1. Termination of Prior Agreement. The Prior Agreement by and between the County and the City is hereby terminated. 2. State Law. Pursuant to Health & Safety Code Sections 101375, the Marin County Health Officer will enforce and observe in the City all orders and quarantine regulations prescribed by the State Department of Health Services and other regulations issued under the provisions of the California Health & Safety Code, and statutes relating to the public health. City Abatement of Substandard Housing in Apartments and Hotels The County shall not enforce applicable statutes, laws and regulations regarding the abatement of substandard housing conditions in apartments, hotels and other dwellings located within the City, the City having agreed hereunder to assume responsibility for the abatement, in its reasonable discretion, of substandard housing conditions in such apartments, hotels and other dwellings under applicable City ordinances, including the Uniform Housing Code and newly adopted Chapter 12.42 of the San Rafael Municipal Code. 4. City Health Functions. Pursuant to Health & Safety Code Section 101400, the County Department of Environmental Health Services shall perform such functions and make such inspections as may be required by the City with respect to the enforcement of City ordinances relating to public health and sanitation, including substandard housing regulations concerning vermin, rodents, insects, mold and mildew, upon reasonable advance notice from City. City shall guarantee access to and make provisions for County to enter upon public and private lands as required to perform services required under this Agreement. 5. Fees to Pay Expenses of Health Officer under City Ordinances. City shall reimburse the County Department of Environmental Health Services for the performance of such functions and inspections under City ordinances as are required by the City under Paragraph 4 of this Agreement at an hourly rate sufficient to cover the County's reasonable expenses. The parties agree that this rate shall be set at $75.00 per hour until July 1, 2002, and shall be increased thereafter only as the County demonstrates it is necessary to cover the County's reasonable expenses. 6. Indemnification. City shall indemnify, hold harmless, and defend the County from any and all claims, obligations, liabilities, costs, demands, damages, expenses, suits or causes of action, including costs and reasonable attorneys' fees (collectively referred to as "Liability"), which may ensue in connection with the performance under Paragraph 4 of this Agreement by County or its agents or employees, excepting only Liability arising out of the gross negligence or willful misconduct of the County or its agents or employees. The indemnity obligations hereunder survive the termination of this Agreement. 7. Administration. County shall designate such qualified Environmental Health Specialists as may be necessary to carry out the responsibilities identified herein. 8. Term. This Agreement shall commence on the day first written above and shall continue indefinitely until such time as City or County causes the Agreement to be legally amended or terminated. The Agreement may be terminated by either party at any Agreement for Health Services Page 2 of 4 time by the written notification of such intent at least thirty (30) days prior to expiration. 8. Notice. Certified copies of the resolutions or ordinances authorizing adoption of this Agreement by the respective governing bodies of the parties hereto shall be forthwith served upon the City Clerk and the Clerk of the County Board of Supervisors. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Community Development Director City of San Rafael 1400 Fifth Ave. (P.O. Box 151560) San Rafael, CA 944915-1560 TO COUNTY: Director of Environmental Health Services County of Marin Marin Civic Center, Room 236 3501 Civic Center Drive San Rafael, CA 94903 9. Prior Agreements. Adoption of this Agreement supersedes any prior agreements to the extent they are inconsistent herewith. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate effective the day and year first written above. CITY OF SAN RAFAEL By AL B R(66 (/ Mayor, City of San Rafael Attest: J =.EONCIM City Clerk Agreement for Health Services Page 3 of 4 COUNTY OF MARIN By'�� HAL BROWN President, Marin County Board of Supervisors Attest: M\ITINI) Deputy Clerk Approved as to form: r� Gary Ragghianti� City Attorney Agreement for Health Services Page 4 of 4 Approved as to form: Jennifer M. Waldron Deputy County Counsel