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HomeMy WebLinkAboutC81-065 CDPHEit 4t n•:�(' b1.� t UF1 +EN OR AGE'sCY \UMBFK 000 { CO.` FRACT ROL:,rJNG NUMBER COS IZACT THIS CON -TRACT, made this 7 t h day of Apr i 1 19 81, by and between the State of Colorado for the use and benefit of the lkpartment of 'I HEALTH 4210 E . 1 1 th Avenue, Denver, Colorado 80220 hereinafter referred to as the State, and 'Z BOARD OF COUNTY COMMISSIONERS, EAGLE COUNTY _ 1g_j e_i Colorado 81631 hereinafter referred to as the contractor, WHt:REAS, atuthurit)' 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 56867 , Contract Encumbrance Number C�97481 : and %VUREAS, recluired approval. clearance and coordination has been accomplished from and with appropriate arett:ies: and 1tiH1:RE:�S, '3 the .State, in order to carry out its lawful duties, powers, and respons.ibilities pursuant to Article I of Title 25, Colorado Revised Statutes 1973, and the provisions 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 services are desirable in Eagle County; and WHEREAS, the Contractor and the State mutually agree that employment of one public health sanitarian, under the administrative control of the llft� Contractor, is the most efficient and effective way of providing the desired services. NOW THEREFORE, it is hereby agreed that for and i n cons i dera t i on of the i r mu tua 1 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, community sanitation services, which shall include at least the sanitary regulation of food service establishments, retail markets (including product sampling), schools, child care centers, summer camps, mobile home parks `%no, and motels and hotels; responding to environmental health emergencies; and ful- filling reasonable requests by the State for assistance in program activities not specifically set forth herein. 2. Minimal contract fulfillment for a year will include the following activites: 2 inspections per food service establishment; 1 inspec- tion per retail market; 1 sample each of hamburger or ground beef and sausage produced by each retail market; 1 inspection per school; 1 inspection per child care center; 1 inspection per summer camp; 1 inspection per mobile home park; motel and hotel inspections upon complaint; and plan reviews as sub- mitted. Should this contract not be written for a full year, minimal contract fulfillment will be based upon the portion of the year in which the contract is in effect, taking into consideration seasonal variations in workload. 3• The Contractor will submit the following reports to the State at monthly intervals, within fifteen days following the last day of each month: a) Inspection reports for programs mandated by this contract. b) Daily activity and monthly summary reports, on forms to be furnished by the State to the Contractor. 395-53-01-C o 10 Page I of 5 pages *(See instructions on reverse of last page.) �� 0 4. The Contractor will, on or after the date of this contract, employ only individuals who meet the minimum qualifications set by the State Consumer Protection Section for each position. If there is any reason to question whether or not an applicant may meet these minimum qualifications (for education or experience) it is necessary to submit the application to the State for review and approval prior to employment. See Attachment fill which becomes part of the Contract. 5. The State will, in consideration of said services and report- ing by the Contractor, cause to be paid to the Contractor a sum not to exceed ONE THOUSAND FOUR HUNDRED AND SEVENTY FIVE AND NO/100 Dollars ($1,475.00), 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 one half of the contract amount, upon receipt of signed affidavits of expenditures submitted in duplicate, on forms supplied by the State; and conditioned upon affirmation -by the State Consumer Protection Section that services were rendered and reports submitted. b) When vacancies occur, then 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 Protection Section shall have the authority for periodic evaluation of the quality and quantity of services. Contractor agrees to cooperate in any evaluation conducted by the State. 7. The term of this contract is beginning May 1, 1981. and continu- ing through June 30, 1981. Page 2 of 5 pages COLORADO DEPARTME�, _O, " ,EALTH - hereinafter, unde r�*e General Provisions, referred to as "Health". GENERAL PROVISIONS At all times during the performance of 1. this Contract, the Contractor shall strictly adhere to all applicable federal and state laws that have been or may hereafter be established. Contractor authorizes Health to perform audits and to make inspections for the purpose or evaluating performance under this Contract. 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 or 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. 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 .-,hatso' 1,111111110111 ever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have an force or effect Y re.. unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. If this contract involves the expenditure o; federal } funds, this contract is contingent upon continued avai.lability of federal funds for payment pursuant to the terms of this agreement. If this contract includes reimbursement for personal services, payrolls must be supported by time and attendance or equivalent records for individual employees. Salaries and wages of employees chargeable to more than one grant program or other cost objective will be supported by appro- priate time distribution records. Copies of time certifications shall ac- company billings for the period to which they apply. 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. or Page 3 of 5 pages 1 � • Furm 6-AC-02ti CONTROLLER'S APPROVAL S1 1:( 1:kL Yl:OVI.--SiONS � � . \ftwpp/ ,%Moo, of lftwo� 1. 'this contract shall not he deemed valid until it shali ha%e been approved by the Controller of the State of Colorado or such assistant as he niay de.-i�,nate. Thi; provi,ion i, a1plic:111le to any contract invoking the payment of money by the State. FUND AVAILABILITY 2. Financial obligation, of the State payable after the ctim,tit fi,cal year are C0rititi11ent upon funds for that purpose being appropriated, budgeted and otherwise made mailable. BOND REQUIREMENT 3. If this contract involves the payinent of more than ten thousand dollars for the construction, erection, repair, maintenance, or improvement o1- any building. road. bridge, viaduct, tunnel, excavation or other public work for this State, the contractor shall, before entering upon the performance of any Such work included in this contract, duly execute and deliver to and file with the official whose signature aplxars below for the State, a good and'sufficient bond or other ac, eptable surety to be approved by %aid official in a penal sum not less than one-half of the total amount payable by the term-, of this contract. Such band shall he duly executed by a qualified corporate surety, conditioned for the due and faithful perforniance 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, provisions, provender or other supplies used or consumed by such Contractor or his sulx:ontractor in peformance of the work contracted to be done, the surety will pay the sarne in an amount 'lot 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 tiled. 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 made payable to the Treasurer of the State of Coiorado may be accepted in leiu of a bond. MINI41UM WAGE 4. Except as otherwise provided by law, if this contract provides for the payment of more than five thousand dollars and requires or involves the employment of laborers or inec•hanics in the construction, alteration or repair of anv building or other public work, (L-xcept highwayx, higliwav brid�ae,, underpasses and highway structures of all hinds) within the geographical limits of the State, the rate of was for all laborers and meclianics employed by the contractor or any subcontractor on the building or public work covered by this contract shall be not less than the prevailing rate of wages for work of a similar nattire in the city, town, village or other civil subdivision of [lie State in which the building or other public wort: is located. Disputes respecting prevailing rates will be resohed as provided in h-16-101, CRS 1973, as amended. DISCRiM[NATION AND AFFIRMATIVE ACTION S. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discritination and unfair employment practices (24-34-301, CRS 1973, as amended), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, they julloiving provisions shad be t•unturned in all .State contracts or sub-coniructs. During the performance; of this contract. the contractor agrees a, fellows: (1) The contractor will not discriminate against atiy 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 sh di include, but not be limited to the following: employment, upgrading, demotion, or transfer, recmitment or recruitment advertising,; kiy-offs or tenninatiuns; rates of pay or other forms of compensation; and selection 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 fur employees placed by or on behalf of the contractor, state that all qualified applicants mill receive consideration for employment without regard to race, creed, color, national origin, sex, marital status, religion, ancestry, mental or physical handicap, or aae. (3) The contractor will send to each labor union or representative of workers %%ith which lie has collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or ,vorken' representative of the contractor's cominittment under tilt• Executive Order, Equal Opportunity and Affrnative Action, dated April 16, 1975, and of the rules, regulations, and relevant Orders of the Governor. (4) The contractor and labor unions will funiish 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 pennit access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such niles, 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 discriminate 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 anv act defined in this contract to be discriminatory or obstnict 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. 4 5 395-53-01-C 028 pate of pages FOr,U h-A -0=_l" r (7) In the event of tf�Qmoi t749!1t,r's non-compliance %%ith the non-discru tion clauses of this contract ur with any of such nrles, regulations, 'or order, this contract may be cati clled, terminated or suspended in .whale 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 niles, regulations. or orders promulgated in accordance there«ith, and such other sanctions as may he 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. (S) 11te contractor will include the provisions of paragraphs (1) through (S) in every sub -contract and 1-ftmo� sub -contractor purchase order unless exempted by rules, regulations, ur order. issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April Ib. 1975. so that such provisions will be binding upon each sub -contractor or vendor. 171te contractor will take such action \pith respect to any sub -contracting or purchase order as the contracting agency may direct, as a means of enforcing such provisions, including sanctions for nun -compliance; provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with the subcontractor or vendor a. 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. Provisions of S-17-101. & I*02. CRS 1973 for pretercnce of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in %%hole or in part by State funds. GENERAL 7. The lays of the State of Colorado and role% and regulations issued pursuant thereto shall be a1plied in the interpretation, execution and enforcement of this contract. Any provision of this contract %%hether or not incorporated herein by reference which provides for arbitrallmi by an% e\tra-judicial body or person or which is otherwise in conflict with said laws, rules and m-elation% shall he 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 its MW action at Iaw %%hether by way of complaint. 1*010i, defense or otherwise. Any provision rendered null and void by Elie r,peration of this pro%isiou will not irtvalitlate the remainder of this contract to the e\tent that the contract is capable of e\ecutiun. S. llee signatories herein aver that theN are familiar ssiih IS-8-301, et seq.. (Bribery and Corrupt lritluence.) and IS-8-401, et scy., (Abase of Public Office). C.1t.S. 19-3, a, amended. and th:rt no %iolation of such provisions is present. 9. The signatories aver that to their kno%%letlge. no state ctnplo`ee ha, any personal or beneficial interest whatsoever in the service or property described herein. IN WITNE-SS WHEREOF. the parties hereto have e\ecuted this \,,reetn•rtt on the day first above written. BOARD OF COUNTY COMM I SS I ONERS , EAGLE CO.STATL 01: COLOIZADO HI(:IIARD D. 1.:11i11. (;()1'El NO R Contractor _ mil or -the" cat:( t -trig DIRT-C" PIR. IF DEPARTMENT Position . Cha i rman OF HEALTH 1ilcial Security .Number r\t"tOWNFY (-;L\L•ItAL x A ' %PPRO\•a1_S ( ON I Rr)LH. k m ____---___ Program Approval • _ _ I'll is the last of , 5 _pages r •see tut relier,e sole. 395.53-02-CO35 �±�''�v ��7•.J�`���. �7c-�� e:'R Z`_'�1y�:c•��.�•1�.�3� 1 �/_'y.-� .t 'G`h. .�'- t i�,�,��r+r�.�y ;��( � �►: �-:ms .{ ��{,�. •'�TFrfl'�•.Y"!y"�'aL� v r • �... n��`+�W,.��r. •ta� w'LFL .t tip. t•w•�Js3}�a�' •�'t"F-a ;7r'-Ail✓'-�;5<Y�rT�.'r�s �i' ,-�`.i"•j":S".C1" L„f •.7 D' -ll��.f�:�ir�:►-4�a'y"1"'ti'"l� 4s :.�. .. • _ _ ,: .. •:ram _ - • ' - YLt/� 1 �`I tJ.'\1 , Y�•1♦1.A1• j. � .. �- t.-r 1 A?w .II Jri.. -4 ...M -��%. .,� �L •.•ti ..•�• y>1M. �'d.ti-f 1• - ,f�vr�. a-: .h .� ..7 •-•iw .a..:, :tip. i �.j.: :4Y> wr V A ,�.,_,}, Jr y� 1�iy,�y(,�i��,�, y •. �:.�'�ypy ���y�r�f D 1���•j�rL .I •i..i. 4 r -y �:v: .V�''�!��Q�1y�'k��������. �.y'�l,'t t�'•'!r:aY�iL4,..��•�4\J.P��•r••"l�,J�'4':1-17_'�"�Tili�..2 �•�•'i�>!i1•.M•7'�'YW'..7?%E'tiYi.7"!"''^'A•vi�.<'iiA•t6 y/>.:��iSD(( y�. �, 1.��� ATTACHMENT # 1 Sanitarian (County) Perfonna complex rest)owsible proronsional 1L.vel :unitarian duties in a variety,of environmental control programs. • Supervision Received Works under the: general supervision of the County Corrnissi.oners or such management personnel as may be designated by them assisted by the Principal Sanitarian assigned'by the Colorado Department of Health. 'Supervision Exercised . May supervise technicians and other personnel assigned to assist in completion of his duties. Distinguishinq Features Assiyn.ments require independent action based on judgTents made without' the assistance of established guides in analyzing and solving difficult and complex problems- This level is considered a fully qualified pro- fessional sanitarian. Examnles of Work Performed Within the limits of policies, procc%djjr(-%S, ).-,ws, rule.-., and reyuiation!,,- performs public he,-rlth sanit.3tion work, requiring a );igit degree of inde- pendent judg;nent in selecting methods a:KI P1-occdurr:s r i.rt esolving problems and potential problem area Thr, ir;!;E)ectiort, control, and regulation would be in several or all of t:hc fpllowirt roc •- • Food service establishments g P p� am areas: tincludin�� rc.•:�t,>>;r..trtt:;) , food processing, retail bakeries, cortfectiotiiries,'cjr•ocerie , mark(2tr, for food, milk, drugs,plants, � transportation uacd food and drug Misbranding tandnadultcration�arcious itouscltold substances, I rlb I t.c accommodations, child care centers, insect and rodent control, 1)1•iv,ttc: anci huhiic sewage disposal , solid waste, privilte and Itiublic water stipplic!s, ()lun;bing, housin operations and recreation areas- 9, salvage Required Knowledges, Skills and Abilities Good knowledge of principles of environme1rtt,11 heal to investigations and enforcement, and the federal, state, and local laws udder which the various programs Operate. ,'ability to .interpret and apply the laws anci regulations to the public, regulated OPe1•ations and other employees. Ability to organize and present effective ()r-.al and written reports and testimony in court. Ability to c5tablish .11114 maintain eff relationships ective working and federal agencirelationshipsrelationships wil•11 tire: pudic, trite busi�tc::::; c:or>u:;u:city and state, local, Minimum Qjalificatiolls A College degree in rniCrob.iolugy, cl;cr.;i,r biolu� r Y� 1Y, o_ closely related field lit basic :;ciencc:: turd two cars c�C e::-`E,, Sanitarian, y �: icr.cc as a public health A rn.1:;t,.r .. ciccjl cc it, I)u1)1 is )11"1i t•.1; Year of general expr:tay hr:-;ubr`itutrcl for ions c.�ricncc. , `./ Date: Board of County Commissioners _Clerk and Recorder Treasurer Sheriff Assessor Engineer Planning Director Administrative Assistant Nursing Road & Bridge Supervisor Extension Agent Animal Control Airport Commission Zoning Board of Adjustment Other: (,_Accountant _Environmental Health Officer Purchasing Data Processing Council on Aging Library Social Services Personnel Planning Commission Building Inspector I do hereby certify that the following document(s) entitled were submitted to the above -referenced offices for their re-ai-filing in their respective offices. COMMENTS: 1� Be1[Jj A. Whittier