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HomeMy WebLinkAboutC81-064 CDPHEr Form 6•AC•02A DEPARTMENT OR AGENCY NUMBER 260000 CONTRACT�efG NUMBER "I � ea aoi CONTRACT Nftw.V THIS CONTRACT, made this 1 s t day of - Jt, l y 19 81, by and between the State of Colorado for the use and benefit of the I)epartment of ' HEALTH 4210 E. llth Avenue, Denver, Colorado 80220 hereinafter referred to as the State, and .2 __ 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 56867 . Contract Encumbrance Number C298140 ; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies: and WHEREAS,'' the State in order to carry out its lawful duties, powers, and responsibilities 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 Io■►' WHEREAS, the Contractor and the State mutually agree that employment of one public health sanitarian, under the administrative control of the 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 mutua 1 promises to each other, hereinafter stated, the parties hereto agree as follows: I. '` The Contractor shall provide, through the services of one 14400; public health sanitarian(s), community sanitation services, which shall include at least the. sanitary regulation of food service establishments, retail markets (including product sampling), schools, childcare centers, summer camps, mobile home parks and motels and hotels; responding to environmental health emergencies; and fulfilling 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 Q l 0 Page I of 5 pages *(See instructions on reverse of last page.) 4. The Contractor will, on or after the date of this contract, employ only individuals who meet the minimum qualifications set by the State Comsumer 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 //1 which becomes part of the Contract. 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 TWO AND NO/100------------------------------ Dollars ($ 12,002.00 , 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,the;e will be a pro -rated reduction in the reimbursement. c) Sufficient monies to carry out the intent of this program are currently available for only 10 months of service v.►% ($ 10,001.70 ). Funding for the balance of the contract is contingent upon receiving approval.of a supplement appropriation. 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 July 1, 1981 and continuing through June 30, 1982. OM i COLORADO DEPARTMENT OF HEALTH - herei.nafter, under the General Provisions, referred to as "Health". GENERAL PROVISIONS. 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. 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. Contractor authorizes Health to perform audits and to make inspections for the purpose of 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 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. 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 whatso- ever, 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. 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. 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. Page 3 of 5 pages Form 6-AC-02B SPECIAL PROVISIONS CONTROLLER'S APPROVAL I. 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 payment of money by the State. FUND AVAILABILITY ,%Moll 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 ten thousand dollars for the construction, erection, repair, maintenance, or improvement of 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 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, provisions, provender or other supplies used or consumed by such contractor or his subcontractor in peformance 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 made payable to the Treasurer of the State of Colorado may be accepted in leiu of a bond. MINIMUM 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 mechanics in the construction, alteration or repair of V.d any building or other public work, (except highways, highway bridges, underpasses and highway structures of all kinds) within the geographical limits of the State, the rate of wage for all laborers and mechanics 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 nature in the city, town, village or other civil subdivision of the State in which the building or other public work is located. Disputes respecting prevailing rates will be resolved as provided in 8-16-101. CRS 1973, as amended. 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 (24-34-301, CRS 1973, as amended), and as required by Executive Order, Equal Opportunity and Affirmative Action, dated April 16, 1975. Pursuant thereto, the following provisions shall be 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 advertisings; lay-offs or terminations; 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 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 contracting 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 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 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-C 028 page of 5 pages .. Fotm GAC-02C (7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended 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 `ool otherwise provided by law. (8) The contractor will include the provisions of paragraphs (1) through (8) in every sub -contract and sub -contractor purchase order unless exempted byrules, 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 sub -contractor 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 contractor 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. Provisions of 8-17-101. & 102, CRS 1973 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. 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 incorporated herein by reference which provides for arbitration by any extrajudicial body or person or which is otherwise in conflict with said laws, rules and regulations shall he considered null and void. Nothing contained in `ol any provision incorporated herein by reference which purports to negate this or any other special precision in whole or in part shall be valid or enforceable or ovail:ihle in any action at law whether by wary of complaint, defense or otherwise. 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. `W 8. The signatories hereto aver that die% are familiar with 1,S-8-301, el seq.. (Bribery and Corrupt lufluences) and 18-8-401, et seq.. (Abuse (it Public Office), C.R.S. 1973, as amended. and that no siolation of such provisions is present. 9. The signatories aver that to their knnwiedge. no state empluvee has any personal or beneficial interest whatsoever in the service or property described herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day first above written. BOARD OF COUNTY COMMISSIONERS, STATE OF COLOR.ADO EAGLE COUNTY 1t)( 11AR1) 1). 1,AMM, (;0VERN011 By h v��U Contractor t FOR THE_XE( LITIVE OIREc-rOR. DEPARTMENT Positionrha,rmnn OF HEALTH A FrORNF.Y GENERAL APPROVALS R_ f;APDrTT WAITtUr11 395.53.02-CO35 Page-5—which is the last of 5 pages `See instructions on reverse side. Nor ' ATTACHMENT #1 Sanitarian (County) performs complex responsible professional level sanitarian duties in a variety of environmental control programs. Supervision Received Works under the general supervision of the County Commissioners 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. Distinguishing Features Assignments require independent action based on judgments 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. - Examples of Work Performed Within the limits of policies, procedures, laws, rules, and regulations, performs public health sanitation work requiring a high degree of inde- pendent judgment in selecting methods and procedures in resolving problems and potential problem areas. The inspection, control, and regulation would be in several or all of the following program areas: Food service establishments (including restaurants, food processing, retail bakeries, confectionaries, groceries, markets, transportation used for food, milk, drugs, bottling plants, hazardous household substances, food and drug misbranding and adulteration, public accommodations, child care centers, insect and rodent control, private and public sewage disposal, solid waste, private and public water supplies, plumbing, housing, salvage operations and recreation areas. Required Knowledges, Skills and Abilities 1 Good knowledge of principles of environmental health investigations and enforcement, and the federal, state, and local laws under which the i various programs operate. Ability to interpret and apply the laws and regulations to the public, regulated operations and other employees. Ability to organize and present effective oral and written reports and testimony in court. Ability to establish and maintain effective working ,-� relationships with the public, the business community and state, local, and federal agencies. Minimum Qualifications A College degree in microbiology, chemistry, biology, or closely related field in basic sciences and two ,years of experience as a public health sanitarian. A masters degree in public health may be substituted for one year of general experience. Sanitarian (County) performs complex responsible professional level sanitarian duties in a variety of environmental control programs. Supervision Received Works under the general supervision of the County Commissioners 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. Distinguishing Features Assignments require independent action based on judgments 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. - Examples of Work Performed Within the limits of policies, procedures, laws, rules, and regulations, performs public health sanitation work requiring a high degree of inde- pendent judgment in selecting methods and procedures in resolving problems and potential problem areas. The inspection, control, and regulation would be in several or all of the following program areas: Food service establishments (including restaurants, food processing, retail bakeries, confectionaries, groceries, markets, transportation used for food, milk, drugs, bottling plants, hazardous household substances, food and drug misbranding and adulteration, public accommodations, child care centers, insect and rodent control, private and public sewage disposal, solid waste, private and public water supplies, plumbing, housing, salvage operations and recreation areas. Required Knowledges, Skills and Abilities 1 Good knowledge of principles of environmental health investigations and enforcement, and the federal, state, and local laws under which the i various programs operate. Ability to interpret and apply the laws and regulations to the public, regulated operations and other employees. Ability to organize and present effective oral and written reports and testimony in court. Ability to establish and maintain effective working ,-� relationships with the public, the business community and state, local, and federal agencies. Minimum Qualifications A College degree in microbiology, chemistry, biology, or closely related field in basic sciences and two ,years of experience as a public health sanitarian. A masters degree in public health may be substituted for one year of general experience.