LAC Health Services 411 410 74 4 4 2
Contract No.
MASSAGE INSPECTION AND EXAMINATION SERVICES AGREEMENT
THIS AGREEMENT is made and entered into thisday
of 2003,
by and between COUNTY OF LOS ANGELES (hereafter
"County" ) ,
and CITY OF RANCHO PALOS VERDES, a
municipal corporation (hereafter
"City") .
WHEREAS, the California Health and Safety Code provides that
the governing bodies of counties and cities shall take measures
as may be necessary to preserve and protect the public' s health,
including the adoption of ordinances and establishment of fees to
support the enforcement of such activities; and
WHEREAS, County' s Board of Supervisors has delegated the
authority and responsibility for these measures to County' s
Director of Health Services, or his/her authorized designee
(hereafter jointly referred to as "Director" ) ; and
WHEREAS, Director has further entrusted his/her Department
of Health Services ("DHS") Deputy of Environmental Health to
preserve and protect the public' s health by inspecting
businesses, including but not limited to, the inspection of
massage establishments, and the examination of applicants for
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massage technician permits, for health purposes throughout the
County of Los Angeles; and
WHEREAS, City has amended its City' s Municipal Code as of
February 19, 2002, to adopt by reference Division 1 of Title 7
and Chapter 7 . 54 of Division 2 of Title 7 (Massage) of the Los
Angles County Code, for purposes of regulating massage
establishments and the issuance of massage technician permits
within City' s corporate limits; and
WHEREAS, the City' s purpose in amending its municipal code
as described above, is to allow for inspections and examinations
as related to massage establishments and massage technician
applications to be made by County, and to further ensure that
each massage establishment and each massage technician operating
within City' s corporate limits are in compliance with all
applicable health laws; and
WHEREAS, City is desirous of contracting with County for the
performance of such inspections and examinations, and/or other
hereafter described public health inspection services, within its
corporate limits by County through its DHS; and
WHEREAS, such a contract is authorized and provided for by
the provisions of Section 480 et seq. of the California Health
and Safety Code.
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NOW, THEREFORE, the parties hereto agree as follows :
1 . TERM: This Agreement shall become effective upon the
date of approval by County' s Board of Supervisors, and shall
continue in full force and effect, to June 30, 2003 . Said
agreement shall thereafter be automatically renewed for one (1)
year terms, for an indefinite period of time, without further
action of the parties hereto.
Notwithstanding the provisions of this Paragraph as set
forth herein, this Agreement may be canceled or terminated at any
time by either party, with or without cause, upon the giving of
at least thirty (30) calendar days advance written notice to the
other party.
2 . DESCRIPTION OF THE DUTIES AND UNDERSTANDINGS BETWEEN
PARTIES :
A. County agrees to provide inspection of massage
establishments, examination of applications for massage
technician permits, and/or other related public health
inspection services as required by City (i. e. , Massage
Inspection and Examination Services) , within the corporate
limits of City to the extent and in the matter hereafter set
forth.
Such services shall only encompass duties and functions
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of the types customarily rendered by DHS under the charter
of County and the statutes of the State of California.
B. Except for the completion time limits as described
in Paragraph C, hereinbelow, 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 services,
Director shall determine the duties, functions, and services
to be rendered.
County agrees to perform for City such public health
services as are authorized by Section 480 et sea. of the
California Health and Safety Code, and as required by City
in its enforcement of its City Municipal Code (as it relates
to City' s adoption and incorporation of Division 1 of Title
7 and Chapter 7 . 54 of Division 2 of Title 7 [Massage] of the
Los Angles County Code, as they now exist or may hereafter
be amended) , and/or other City ordinances relating to public
health, (all hereafter collectively referred to herein as
"City' s Municipal Code", unless otherwise stated) .
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C. County through its DHS, agrees to perform massage
inspection and examination services as follows :
(1) Massage Establishment Inspection Services :
a. Upon written notification from City
Manager' s Office that a party (i . e. , applicant) has
applied for a new application for a massage
establishment permit within City' s corporate limits,
or for an application for the renewal of any such
permit, County' s DHS shall inspect the premises
sought to be licensed by said applicant, within
twenty (20) calendar days, to ascertain if the
applicant' s premises is/are in compliance with all
applicable health provisions of the laws of the
State of California and that ordinances of County
are being met. Such inspections shall include, but
not be limited to, all health related provisions set
forth in City' s Municipal Code. County' s DHS shall
issue a written notification to City Manager' s
Office stating whether or not applicant' s premises
is/are in compliance within an additional ten (10)
calendar days . County' s written notification of
applicant' s premises not being in compliance shall
set forth the applicant' s deficiencies and County
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shall be required to re-inspect applicant' s premises
no more than twice during the next sixty (60)
calendar day time period, when so requested by
applicant in writing. If a written notification of
compliance is not received by the City Manager' s
Office from County' s DHS within ninety (90) calendar
days of the applicant' s date of filing the
application, or upon DHS having received written
notice by the City Manager' s Office of applicant' s
application, whichever is greater, and City
Manager' s Office must re-notify County' s DHS to
inspect applicant' s premises, then any such
additional inspection shall be subject to the fee
and payment provision of Paragraph H, hereinbelow.
b. County' s DHS shall within its discretion
from time to time, but no less than once every three
hundred sixty-five (3 65) days from the date of the
DHS' issuance of an applicant' s written notification
of compliance (i . e. , compliance letter) , make an
inspection of each complying massage establishment,
or massage establishment permittee (hereafter
"permittee" ) , located within the City' s corporate
limits, for the purposes of determining that all
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applicable health provisions of the law of the State
of California and ordinances of the County and City
are met . Such inspections shall include, but not be
limited to, all health related provisions set forth
in the City' s Municipal Code. County' s DHS shall
notify City Manager' s Office of any violation of
applicable statutes, ordinances, rules, and/or
regulations, which any permittee has failed to
correct within thirty (30) calendar days after
notification of the violation has been given to the
permittee by the County' s DHS.
(2) Examination of Applicants for Massage
Technician Permit (s) Services :
a. Upon written notification from City
Manager' s Office that a party (i. e. , applicant) has
applied for a massage technician permit within
City' s corporate limits, or for an application for
the renewal of any such permit, County' s DHS shall
prepare and conduct an examination to fairly
determine the ability of the applicant to properly
perform the work which the applicant would be
authorized to do under the massage technician permit
being applied for, which shall cover, but not be
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limited to, the following subject areas : anatomy,
hygiene, physiology, and the practice and theory of
massage, as set forth in City' s Municipal Code.
When requested by City, County' s DHS shall
notify City Manager' s Office of the results of these
examinations by written notification (e. g. , form or
letter) within twenty (2 0) calendar days after the
examination is conducted.
b. County' s DHS shall conduct such examination
on a continuing basis, as needed, at least once each
month as set forth in City' s Municipal Code.
(3) For the purpose of performing said functions,
County shall furnish and supply all equipment, labor,
supervision, and supplies, necessary to provide the
level of service to rendered hereunder.
Notwithstanding anything hereinbefore contained, it
is agreed that in all instances wherein additional
forms, stationary notices, supplies and the like, must
be issued in the name of the City, the same shall be
supplied by City at its cost and expense.
D. City in order to facilitate the performance of
services herein, shall :
(1) Agree that County shall have full cooperation
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and assistance from the City, its officers, employees,
and agents .
Prior to the performance by County of services
pursuant to this Agreement, City shall provide to County
a written list of the inspection of massage establish-
ment services, or public health services, which it
requests County to perform and the State and local
public health regulations which it requests County to
enforce. Any changes in service (s) requested by City
should be in writing, and delivered to County thirty
(30) calendar days prior to the requested change.
(2) Make prompt written notifications to County' s
DHS upon the filing of any application for a new massage
establishment permit, and/or application for a new
massage technician permit, or an application for the
renewal of any such permits, within City' s corporate
limits .
E. All persons employed in the performance of such
duties, functions, and services, for City shall be County
employees and no City employee shall be taken over by
County, and no person employed hereunder shall have City
pension, civil service, or any status or right.
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For purposes of the performing such duties, functions,
and services, and for 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 are within the scope of this Agreement .
F. 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 hereunder for County, or any liability other than
that provided for under this Agreement .
Except as herein otherwise specified, City shall not be
liable for compensation or indemnity to any County employees
for injury or sickness arising out of his/her employment .
G. The assumption of liability agreement executed by
the parties to this Agreement, and approved by County' s
Board of Supervisors on November 14, 1977 (County Contract
Number 32386) currently in effect is hereby made a part of
and incorporated into this Agreement as set out in full,
unless said assumption of liability agreement is expressly
superseded by a subsequent agreement hereafter entered into
by the parties .
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H. Payment by City to County for Services Performed:
City shall pay the cost for County' s provision of massage
inspection and examination services, and/or the enforcement
of City' s Municipal Code as follows :
(1) A rate, or fee, for the inspection of massage
establishments of Two Hundred Twelve Dollars ($212) for
each inspection. This rate/fee shall include the cost
of any subsequent two (2) re-inspections of massage
establishments previously cited by County for
deficiencies, and the costs of all written notices,
except for as to be provided for under Paragraph 2,
Description of Duties and Understandings between the
Parties, subparagraph C (3) , hereinabove.
(2) A rate, or fee, for the examination of any
applicant for a massage technician permit of One Hundred
Thirty-Five Dollars ($135) for each examination. This
rate/fee shall include the costs of all written notices,
except for as to be provided for under Paragraph 2,
Description of Duties and Understandings between the
Parties, subparagraph C (3) , hereinabove.
City agrees that such rate (s) /fee (s) as described
herein, shall be determined by County' s Auditor-Controller in
accordance with the policies and procedures established by
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the Board of Supervisors . Further, the foregoing rate (s) /
fee (s) shall be adjusted by County' s Auditor-Controller each
fiscal year to reflect the costs of such service in accor-
dance with the policies and procedures for the determination
of such rate as adopted by the Board of Supervisors . County
shall transmit such adjusted rate/fee for the next fiscal
year to City' s City Council by no later April 1 of each
fiscal year, for rate (s) /fee (s) to be effective July 1 .
Unless City' s City Council exercises it right to cancel
this Agreement pursuant to Paragraph 1, Term, hereinabove,
the rate (s) /fee (s) shall be applicable for the ensuing fiscal
year.
I . Payment by City to County for services performed by
County' s DHS shall be rendered by City quarterly, upon
presentation of a County invoice, in duplicate, for all
massage inspection and examination services performed during
the previous quarter. Such invoices shall be approved by an
authorized representative of City Manager' s Office and
processed for payment no later than thirty (30) calendar
days subsequent to presentation.
If such payment is not delivered to County office which
is described on said invoice within thirty (30) calendar
days after the date of the invoice, County will be entitled
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to recover interest thereon as determined by Director. Said
interest shall be at the rate of five percent (5%) per annum
of any overdue portion calculated from the last day of the
month in which the services were performed.
County shall maintain on a current basis complete
financial records, in accordance with generally accepted
accounting principals, sufficient to substantiate all
charges billed to City in the performance of this Agreement,
which shall be made available to City upon request, at a
County location during County' s normal business hours,
within ten (10) calendar days, to City' s representatives for
purposes of inspection and audit.
3 . CONSTRUCTION: To the extent there are any rights,
duties, obligations, or responsibilities enumerated in the
recitals or otherwise in this Agreement, they shall be deemed a
part of the operative provisions of this Agreement and shall be
fully binding upon the parties .
4 . ALTERATION OF TERMS : The body of this Agreement, fully
expresses all understandings of the parties concerning all
matters covered and shall constitute the total Agreement. No
addition to, or alteration of, the terms of this Agreement,
whether by written or verbal understanding of the parties, their
officers, employees or agents, shall be valid and effective
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unless made in the form of a written amendment to this Agreement
which is formally approved and executed by the parties in the
same manner as this Agreement .
5 . WAIVER: No wavier of any breach of any provision of
this Agreement by County shall constitute a wavier of any other
breach of such provision. Failure of County to enforce at any
time, or from time-to-time, any provision of this Agreement shall
not be construed as a wavier thereof. The remedies herein
reserved shall be cumulative and additional to any other remedies
in law or equity.
6. SEVERABILITY: If any provision of this Agreement or the
application thereof to any person or circumstance is held
invalid, the remainder of this Agreement and the application of
such provision to other persons or circumstances shall not be
affected thereby.
7 . CITY' S OFFICES: City' s office is located at 30940
Hawthorne Boulevard; Rancho Palos Verdes, California 90275 .
City' s business telephone number is (310) 544-5205, facsimile/FAX
number is (310) 544-5291, and electronic mail ("e-mail") address
is citymanager@rpv. com. City shall notify County, in writing, of
any changes made to its business address, business telephone
number, facsimile/FAX number, and/or e-mail address used in the
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provision of services herein, at least ten (10) calendar days
prior to the effective date (s) thereof.
8 . NOTICES : Notices hereunder shall be in writing and may
either be delivered personally or sent by registered or certified
mail, return receipt requested, postage prepaid, attention to the
parties at the addresses listed below. Director is authorized to
execute all notices or demands which are required or permitted by
County under this Agreement . Addresses and parties to be
notified may be changed by providing at least ten (10) working
days prior written notice to the other party.
A. Notices to County shall be addressed as follows :
(1) Department of Health Service
Environmental Health - Executive Office
5050 Commerce Drive
Baldwin Park, California 91706-1423
Attention: Director, Environmental Health
(2) Department of Health Services
Contracts and Grants Division
313 North Figueroa Street, 6th Floor-East
Los Angeles, California 90012-2659
Attention: Division Chief
B. Notices to City shall be addressed as follows :
(1) City of Rancho Palos Verdes
30940 Hawthorne Boulevard
Rancho Palos Verdes, California 90275
Attention: Mr. Les Evans
City Manager
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IN WITNESS WHEREOF, the Board of Supervisors of the County
of Los Angeles has caused this Agreement to be subscribed by its
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III, 411i
Director, and City by order of its City Council, has caused this
Agreement to be subscribed in its behalf by its duly authorized
officer, the day, month, and year first above written.
COs � , CO L k ' i0" LOS AN!�A. S ,
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„,.:._ , By .
f w� ° * hair, Board of Supervisors
+ _4'7,- ,� -.... CITY OF 4 PALOS ERDES
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It 'w.�'b'asw�r,`�Af
C4�. 0► By g lb'
Douglas W. Ster , Mayor
ATTEST:
(AFFIX CITY SEAL HERE)
VIOLET VARONA-LUKENS, Executive
Officer of the Board of
Supervisors of the County of
Los Angeles ATTES : 11,
ByBy A
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Deputy Jo P i rcell, Director of
Administrative Services/City
APPROVED AS TO FORM Cl:rk
BY THE OFFICE OF THE COUNTY COUNSEL
LLOYD W. PELLMAN, County Counsel
County of Los A eles APPROVED AS TO FORM:
By By _fial-171_1 ! efY=7,=---
Deputy Carol W. Lynch, City Attorney
APPROVED AS TO CONTRACT
ADMINISTRATION: APPROVED ASST PROGRAM:
County of Los Angeles County • Los A • :•les
Department of Health Services Depar ent %f - e:lth service
Y R ByAdMilimalimmir
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Actin ',ef, Contracts and Director, _ �t •• _ .lth
Grant D vision '
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gti. : 04/07/03 ARD ► ,',
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AGC D2 7 3 9.GI COUNTY() Lo A.,:::—...13
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11):fred,-/ii&A.A1.4.,-,'&12."-rt.,,i)
VIOLET VARONA-LUKENS
EXECUTIVE OFFICER