Title
a. Approve and authorize the Director of Health, or Assistant Director of Health, to sign an Agreement with the University of the Pacific, McGeorge School of Law, with a term starting upon execution through December 31, 2018 in an amount not to exceed $35,000, for hearing officers to conduct administrative hearings where an impartial and neutral party must decide code enforcement cases for the Department of Health, Environmental Health Bureau and Animal Services Division.
b. Accept the non-standard indemnity provisions and liability provisions pursuant to the recommendation of the Director of Health; and
c. Authorize the Director of Health, or Assistant Director of Health, to sign up to two (2) amendments extending the Agreement by one (1) year each, subject to County Counsel review, where the amendments do not significantly change the scope of work, and any increases in cost per amendment do not exceed 10% ($3,500 maximum increase).
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve and authorize the Director of Health, or Assistant Director of Health, to sign an Agreement with the University of the Pacific, McGeorge School of Law, with a term starting upon execution through December 31, 2018 in an amount not to exceed $35,000, for hearing officers to conduct administrative hearings where an impartial and neutral party must decide code enforcement cases for the Department of Health, Environmental Health Bureau and Animal Services Division.
b. Accept the non-standard indemnity provisions and liability provisions pursuant to the recommendation of the Director of Health; and
c. Authorize the Director of Health, or Assistant Director of Health, to sign up to two (2) amendments extending the Agreement by one (1) year each, subject to County Counsel review, where the amendments do not significantly change the scope of work, and any increases in cost per amendment do not exceed 10% ($3,500 maximum increase).
SUMMARY:
The Health Department’s Environmental Health Bureau and Animal Services require administrative hearings to resolve certain disputes related to violations of the Monterey County code. The Department Health seeks to retain the services of University of the Pacific, McGeorge School of Law to provide hearing officers to preside over these administrative hearings and to issue decisions regarding alleged code violations.
DISCUSSION:
The Health Department’s Environmental Health and Animal Services Divisions have code enforcement duties within their respective divisions. As part of these enforcement duties a neutral party to act as a judge in administration bureau is required to resolve disputes inconnection with enforcement of the Monterey County Code.
Historically, Monterey County’s Resource Management Agency has used the University of the Pacific, McGeorge school of Law to preside over and to adjudicate code enforcement administrative hearings. McGeorge School of Law provides attorneys of no less than 5 years’ experience to conduct these proceedings on behalf of the County. McGeorge School of Law has demonstrated its ability to appoint competent attorneys to conduct these hearings with the requisite knowledge to apply the Monterey County Code.
This Agreement does not meet the County standard requirements as the Agreement allows mutual termination without cause and indemnity provisions that limit the Contractor’s cost for litigation arising out of performance.
If approved by the Board, this Agreement will promote a fair and objective process through which to settle certain County Code enforcement disputes. As such, this Agreement supports one of the ten essential public health services (6), namely that of enforcing laws and regulations that protect health and ensure safety.
OTHER AGENCY INVOLVEMENT:
The Office of County Counsel has reviewed the Agreement and does not agree to the following non-standard terms: mutual ability to terminate the Agreement without cause and non-standard indemnity provisions. Risk does not approve non-standard indemnity provisions.
FINANCING:
Sufficient appropriations and revenues are included in Environmental Health’s FY 2017-18 Adopted Budget 4000-HEA005. There is no impact to the General Fund resulting from this Board action.
BOARD OF SUPERVISORS STRATEGIC INITIATIVES:
Check the related Board of Supervisors Strategic Initiatives:
☐Economic Development:
• Through collaboration, strengthen economic development to ensure a diversified and healthy economy.
☒Administration:
• Promote an organization that practices efficient and effective resource management and is recognized for responsiveness, strong customer orientation, accountability and transparency.
☒Health & Human Services:
• Improve health and quality of life through County supported policies, programs, and services; promoting access to equitable opportunities for healthy choices and healthy environments in collaboration with communities.
☐Infrastructure:
• Plan and develop a sustainable, physical infrastructure that improves the quality of life for County residents and supports economic development results.
☒Public Safety:
• Create a safe environment for people to achieve their potential, leading businesses and communities to thrive and grow by reducing violent crimes as well as crimes in general.
Prepared by: Rob Durham, MA II, 8979
Approved by: Elsa Jimenez, Director of Health, 4526
Attachments:
Agreement on file with the Clerk of the Board