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HomeMy WebLinkAboutC88-068 Dept. of Healthh� •Fo in q -AC -02A (R 5/85) CONTRACT C88 -68 -30 UF•:PARTMENT OR AGENCY NUMBER r 260000 CONTRACT ROU *rj.N(; NUMBER THIS CONTRACT, made this 1 s t day of July 198 8 , by and between the State of Colorado for the use and benefit of the Department of ' HEALTH 4210 E. 11th Avenue Denver Colorado 80220 hereinafter referred to as the State, and 'Z BOARD OF COUNTY COMMISSIONERS, EAGLE COUNTY Eagle, Colorado 81631 hereinafter referred to as the contractor, WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 1001 G/L Account Number 55847 , Contract Encumbrance Number C377253 : and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies: and WHEREAS, the.State i'n order to carry out its lawful duties, powers and responsibi'li'ties pursuant to Article 1 of Title 25, Colorado Revised Statutes 1973, as amended, and the provision of legislative appropriations made and pro - vided therefor, in coordination with like powers, duties and responsibilities of the Contractor mutually have determined that.public health sanitation sery -__ ices are desirabl.e in Eagle County and WHEREAS, the Contractor and the State mutually agree that employment of one public health sanitarian(s), under the administrative control of the Contractor, is the most efficient and effective way of providing the desired services- as herein set forth. NOW THEREFORE, it is hereby agreed that for and in consideration of their mutual promises to each other, hereinafter stated, the parties hereto agree as follows: 1. The Contractor shall provide-, through the services of one public health sanitarian(s), community sani'tati'on services, which shall include at least the sanitary regulation of food service establishments, retail markets (_i'ncludi'ng product sampling), schools, child care centers, summer camps, mobile home parks-, campgrounds, motel's and hotels;.responding to environmental health emergencies; and•.fulfilli'ng reasonable requests by the State for assistance in program activi'ti'es not speci f i'cally -set forth herein. 2. Mi'ni'mal contract fulfillment for a year will include the following act i'vi t i es:. 2 i'nspect.i'ons per-food service establishment; 1 . i nspect ion per retail market; 1 sample each of hamburger or ground beef and sausage produced &y each retail market;.1 i'nspecti'on per school; 1 inspection per child care center; 1 i'nspecti'on per summer camp; mobile home parks, campgrounds, motel and hotel i'nspecti'ons upon complaint;.and plan review as submitted. 3. The Contractor will submit the following reports to the State at monthly intervals, within fifteen days followi'ng the last day of each month: a) Inspecti'on.reports for programs covered by this contract. These forms will be furnished by the State to the Contractor. b) Daily activity reports on forms to be furnished by the State to the Contractor. Page 1 of 5 pages 4. The Contra t r will, on or after the date of this contract, employ only those individuals who meet the minimum qualifications as set forth by the Consumer Protection Division in the Requirements for County Sanitarians al which are attached and by this reference made part hereof as Attachment #1. If there if any reason to question whether or not an applicant may meet these minimum qualifications (for education or experience), it is necessary to sub- mit the application to the State for review and approval prior to employment. 5• The State will, in consideration of said services and reporting by the Contractor, cause to be paid to the Contractor a sum not to exceed TWELVE THOUSAND NINE HUNDRED AND TWENTY NINE AND 64/100---------- - - - - -- Dollars 12,929.64 in the following manner: a) When. all approved positions are filled, reimbursement will be made monthly to the Contractor based on a sum equal to 1/12 of the contract amount, upon receipt of signed affidavits or expenditures submitted in duplicate, on forms supplied by the State; and conditioned upon affirmation by the State Consumer Protection Division that services were rendered and reports submitted according to the terms of this contract. b) When vacancies occur and /or when salary expenditures are re- duced, there will be a pro -rated reduction in the reimbursement. 6. The State will continue payment for sanitation personnel only so long as the Contractor renders acceptable services, as determined by the State. The State Consumer Prote.ct.i'on .Di'vi'sion shall have the authority for determining the acceptability of the quality and quantity of services rendered. The perform- ance evaluati'on wi'l.l consist of information submitted on daily reports, inspection reports and field surveys. The Contractor agrees-to cooperate in any evaluation conducted by the State. 7. The term of this contract is beginning July 1, 19 88 and continuing. through June 30, 19 89, 8. Payment pursuant to this contract will be made as earned, in whole or in part, from available State funds encumbered in an amount not to exceed One Hundred Eighty Eight Thousand and Fourteen Dollars for the purchase of County Sanitation Serv_i'ces. It is further.unders-tood and agreed that the maximum amount of State funds available for fiscal year 1989 for the purchase of Sanitarian Services- is in the amount of $188,014.00. The liability of the State, at any time, for such payments shall be limited to the unencumbered amount remaining of such funds. 9. Changes in total reimbursement amounts for the above named services as a result of an i'ncrease-or decrease of salary and /or full -time equivalent (FTE) staff [n the origi'nal contract shall be made by a mutually signed letter of approval which shall include the following: a) Identification of contract by contract encumbrance number and number of affected paragraph. b) Amount of increase or, decrease in funding. c) Effective date of funding change. d) Authorized signatures of the Contractor, the State and the State ControlTer. It is understood that no change except funding amounts and resulting FTE shall be made through the letter of approval. Page 2 of 5 pages. 'COLORADO DEPARTMENT OF HE i - hereinafter, under the Genal Provisions referred to as ,> "Health". ' GENERAL PROVISIONS 1. The parties of this contract intend that the relationship between them contemplated by this contract is that of employer- independent contractor. No agent, employee or servant of Contractor shall be or shall be deemed to be an employee, agent or servant of Health. Contractor will be solely and entirely responsible for its acts and the acts of its agents, employees, servants and subcontractors during the performance of this contract. 2. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws that have been or may hereafter be established. 3. Contractor authorizes Health to perform audits and to make inspections for the purpose of evaluating performance under this contract. 4. Either party shall have the right to terminate this agreement by giving the other party thirty days notice by registered mail, return receipt requested. If notice is so given, this agreement shall terminate on the expiration of the thirty days, and the liability of the parties hereunder for the further performance of the terms of this agreement shall thereupon cease, but the parties shall not be relieved of the duty to perform their obligations up to the date of termination. 5. This agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. 6. If this contract involves the expenditure of federal funds, this contract is contingent upon continued availability of federal funds for payment pursuant to the terms of this agreement. Contractor also agrees to fulfill the requirements of Office of Management and Budget Circulars A -87 and A -102 or A -110, whichever is applicable. 7. To be considered for payment, billings for reimbursement pursuant to this contract must be received within 60 days after the period for which reimbursement is being requested and final billings on the contract must be received by the State Health Department within 60 days after the end of the contract term. 8. If applicable, Local Match is to be submitted on the monthly reimbursement statements, in the column provided, as required by the funding source. 9. If Contractor receives $25,000.00 or more per year in Federal funds in the aggregate from Health, Contractor agrees to have an annual audit, by an independent certified public accountant, which meets the requirements of Office of Management and Budget Circular A -128. If Contractor is required to submit an annual indirect cost proposal to Health for review and approval, Contractor's auditor will audit the proposal in accordance with the requirements of OMB Circular A -87. Contractor agrees to furnish one copy of the audit reports to the Health Department Accounting Office within 30 days of their issuance, but not later than nine months after the end of Contractor's fiscal year. Contractor agrees to take appropriate corrective action within six months of the report's issuance in instances of noncompliance with Federal laws and regulations. Contractor agrees to permit Health or its agents to have access to its records and financial statements as necessary, and further agrees to retain such records and financial statements for a period of three years after the date of issuance of the audit report. This contract does not contain Federal funds as of the date it is signed. This requirement is in addition to any other audit requirements contained in other paragraphs within this contract. 10. If applicable, Contractor agrees to not use Federal funds to satisfy Federal cost sharing and matching requirements unless approved in writing by the appropriate Federal Agency. Page _3 of _5 Pages Rev. 06/06/88 Foy s- ac -ozu SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the pay- ment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building, road, bridge, viaduct, tunnel, excavation or other public works for this State, the contractor shall, before entering the performance of any such work included in this con- tract, duly execute and deliver to and file with the official whose signature appears below for the State, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one - half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety, conditioned for the due and faithful performance of the contract, and in addition, shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, pro- visions, provendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done, the surety will pay the same in an amount not exceeding the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond, when so required, is executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with 38 -26 -106 CRS, as amended. INDEMNIFICATION 4. To the extent authorized by law, the contractor shall indemnify, save and hold harmless the State, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcon- tractors, or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (24 -34 -402. CRS 1982 Replacement Vol.), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall he contained in all State contracts or sub - contracts. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; lay -offs or terminations; rates of pay or other forms of compensation; and selec- tion for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non - discrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers' representative of the contractor's committment under the Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. (4) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the con- tracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or dis- criminate against any of its members in the full enjoyment of work opportunity, because of race, creed, color, sex, national origin, or ancestry. (6) A labor organization, or the employees or members thereof will not aid, abet, incite, compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this Contract or any order issued thereunder, or attempt, either directly or indirectly, to commit any act defined in this contract to be discriminatory. 395 -53 -01 -1022 page 4 of 5 pages Revised 11 -85 Form 6- AC -02C d.,_ (7) In the )of the contractor's non - compliance with the non- discrir _n.;tfon clauses of this con- tractor with an of such rules, regulations, or orders, this contract maybe cancelled, terminated or sus - pended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. (8) The contractor will include the provisions of paragraph (1) through (8) in every sub - contract and subcontractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub - contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for non - compliance; provided, however, that in the event the con- tractor becomes involved in, or is threatened with, litigation with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6 a. Provisions of 8 -17 -101 & 102, CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non - resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non - resident bidder is a resident. If it is determined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of federal law, this sub- section shall be suspended, but only to the extend necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements (section 8 -19 -101 and 102, CRS). GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this contract. Any provision of this contract whether or not incor- porated herein by reference which provides for arbitration by any extra judicial body or person or which is other- wise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or other- wise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. At all times during the performance of this Contract, the Contractor shall strictly adhere to all applicable federal and state laws, rules and regulations that have been or may hereafter be established. 9. The signatories hereto aver that they are familiar with 18 -8 -301, et. seq., (Bribery and Corrupt Influences) and 18 -8 -401, et. seq., (Abuse of Public Office), CRS 1978 Replacement Vol., and that no violation of such pro- visions is present. 10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest what- soever in the service or property described herein: IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written. sQ."Pg�AGLgy� . Contractor: BOARD OF COUNTY COMMISSIONERS ,8 h�' %3 (Full Legal Name) EAGLE COUNTY STATE OF COLORADO yr �� a ROY ROMER, GOVERNOR 4�N= ,.�u � g for the 'ti.,,,,•,•.••a '5 By DIRECTOR "* Pos' ion (Title) Chairman • DEPARTMENT OF HEALTH (If Corporation:) Attest (Seal) By,, c «wnm s„r,ury. Eq., J—. ro..C.y,c_.,y a„r APPROVALS ATTORNEY GENERAL CONTROLLER By By PROGRAM APPROVAL: deck Paµ, S vh„h ., 0, lass d 5 ...- i, ATTACHMENT #1 r COLORADO DEPARTMENT OF HEALTH Consumer Protection Division REQUIREMENTS FOR COUNTY SANITARIANS A B.S. Degree in environmental health or sanitary science, or a closely related field such as microbiology or the physical sciences with sufficient study in the courses related to environmental health to qualify the indivi- dual to work in that field is required. All sanitarians hired by counties should have at least two years of ex- perience working in an organized health department. This experience should include field experience in the programs for which the individual will be re- sponsible. Areas of Environmental Health in Which A County /City Sanitarian May Function A sanitarian employed by a local government may function in a variety of environmental health programs. Sanitarians participating .in'a contract with this department are required to conduct certain programs. Other environmental health activities are determined by the community needs and desires of the employing entity. Programs for which this department contracts with counties include the inspection of food service establishments, retail markets (including sampling), mobile home parks, schools, child care centers, summer camps, and motels and hotels. In order to estimate the amount of time a sanitarian required to complete minimal contract obligations, the department has put together the following formula based upon expected activities per year and average time per activity. The average time per activity is based upon data accrued from county sanitarian programs and from monitoring of this division's staff activities. Activities/ Avg. Time/ No, of Total Hrs Program Year Insp. Facilities Program Food Service 2 x 1.5 hr. x = Inspections Food Service Plans x 3.0 hr. x = as submitted Retail Market 1 x 1.0 hr. x = inspections Food Samples 1 x 0.3 hr. x Meat Products = Mobile Home Parks ;; Complaint only x 2.0 hr. x Produced = Schools 1 x 3.0 hr. x = Summer Camps 1 x 3.0 hr. x = Motels & hotels Complaint x 3.0 hr. x = Only * and Campgrounds Once total time for these activities has been determined in hours, an " additional 20% should be added to this figure to allow for associated activi- ties. The total hours required can then be divided by hours worked per day to determine the total time for manual contract completion. Programs of local concern that may be conducted by local sanitarians include: 1) Individual sewage disposal program. 2) Assist in organizing and operating a service for insect and vector control. 3) Solving public nuisances. 4) Solid waste regulations. 5) Assist county and municipal officials in planning functions and activities related to environmental health. 6) Assist county and municipal officials in rabies control program, including organizing vaccination clinics and investigation of animal bites. 7) Enforce local noise ordinances. 8) Provide technical assistance for local residents (i.e., private water supplies) . 9) Act as a technical liaison and coordinator between the employing agency and agencies involved in other environmental health programs. 10) Engage in environmental health education. The extent to which a sanitarian can successfully conduct a program is determined by the number of facilities and the on -going activities within an area. The setting of priority activities remains within the scope of authority and responsibility of the local entity. The Colorado Department of Health will provide such technical assistance to local entities as may be requested or otherwise indicated by the contractee. 513182