HomeMy WebLinkAbout2013-332 Health - Roberto Diaz to enforce food, lodging, and Institutional sanitation laws and rules $6,000 rt ,
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[Departmental Use Only]
TITLE REHS Service Contract
ORANGE COUNTY FY 2013-14
NORTH CAROLINA CONTRACT UNDER $10,000.00
THIS AGREEMENT, made and entered into this I I day of_1941_, 2013, ("Effective Date")
by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the
State of North Carolina, (the "County"), party of the first part; and Rote— ,40
(the "Provider"),party of the second part; ���
WITNESSETH:
For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby
contracts for the services of the Provider, and the Provider agrees to provide the following services to the
County in accordance with the terms of this Agreement, time being of the essence:
The services and/or materials (hereinafter referred to collectively as "Services") to be furnished
under this Agreement are as follows: Please See Exhitbit A "Orange County F & L Contractors Scope of
Services" of which is attached and hereby incorporated by reference.
The term of this agreement rendered shall be from 07- 3 1 - 1 3 to I a - 3,1- 13 -
Provider represents and agrees that Provider is qualified to perform and fully capable of performing and
providing the services required or necessary under this Agreement in a fully competent, professional and
timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in
the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies,
ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not
sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or
responsibility granted or required by this Agreement, without the prior written approval of the County.
Provider agree to work -f(fl O1A r
SPECIFIC TERMS
1. Payment: The County agrees to pay at the rates specified for Services satisfactorily
performed in accord with this Agreement. The amount to be paid by the County shall not exceed Six
Thousand Dollars, ($6,000). Provider will be paid on a biweekly basis at the rate of $30 per/hr. A
completed and approved (by Agent of Orange County Health Department) invoice with the total hours
worked must be submitted the Friday before payment is received to the Orange County Health Department's
Accounts Payable Section for processing. Payments will be mailed the following Friday after a properly
submitted invoice is received. If Provider fails to perform its duties under the terms of this Agreement,
County may, without fault or penalty, withhold any payment associated with the work to be performed until
such time as said work is completed.
2. Non-waiver: Failure by County at any time to require the performance by Provider of any
of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor
shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of
this Non-Waiver Clause.
3. Independent Contractor: The Provider shall operate as an independent Provider, and the
County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated
as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or
Revised July 2010 I
workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of
any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider.
4. Insurance: The Provider shall obtain, at its sole expense, all insurance needed to adequately
insure itself during the performance of these services as required by the County's Risk Management Policy.
5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County
from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable
attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or
destruction of any property caused in whole or in part by any negligent or intentional act or omission on the
part of the Provider.
6. Termination: This Agreement may be terminated at any time by mutual written agreement of
the parties or by the County upon written notice to the Provider.
7. Entire Agreement: The parties have read this Agreement and agree to be bound by all of its
terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between
the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced
by telefacsimile signature.
8. Governin Law: Both parties agree that this Agreement shall be governed by the laws of the
State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this
Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in
Orange County, North Carolina.
9. Non Appropriation: Provider acknowledges that County is a governmental entity, and the
validity of this Agreement is based upon the availability of public funding under the authority of its statutory
mandate. In the event that public funds are unavailable and not appropriated for the performance of County's
obligations under this Agreement, then this Agreement shall automatically expire without penalty to County
immediately upon written notice to Provider of the unavailability and non-appropriation of public funds.
IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement,effective
as of the day first written above.
ORANGE CO NT PROVIDER
By: By:
County Manag Title:
200 S. Cameron St
P.O. Box 8181
Hillsborough,NC 27278
This instrument has been pproved as to technical content.
c,
Colleen Bridger Ph.D,MP ,Department Director
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
C� J All
Office of the Finance Director
Revised July 2010 2
Thi tru t as been approved as to form and legal sufficiency.
Off e of the ounty Attorney
Revised July 2010 3
I
EXHIBIT A
REF: Orange County F &L Contractors Scope of Services
I. Primary Objective: Provider will perform professional environmental health work in the promotion of
public health through education, surveillance, consultation, inspection, and enforcement of State, local, and
Federal environmental health laws and regulations. Specifically in Food&Lodging Establishments
II. Scope of Service:
A. Perform inspections and compliance visits with local retail food establishments, Lodging Facilities,
and other establishments in accordance with applicable laws and rules.
a. Provider will receive inspection assignments from Supervisor at 8:00 am of the workday and
return completed inspection forms and time cards by 6:00pm of the same day.
b. While conducting inspections of food establishments per CIT training, Provider will correctly
identify rule violations, communicate violations to facility PIC, documenting violations on paper
inspection forms, noting corrections made during the inspection, noting P and Pf violations
requiring follow-up visits, and obtain signatures of the PIC
B. Promote a positive image, interact in a friendly, courteous, respectful manner, and display a
professional and helpful demeanor
C. Orange County Health Department will designate an agent to coordinate with the Provider.
D. The Provider will contact designee while in the field if the need arises.
a. Contact numbers:
i. Office: 919-245-2364
ii. Cell: 336-380-5636
iii. Home: 336-322-1708
iv. Email: cpixley @orangecountync.gov
III. Contract Requirements:
A. Provider agrees to present proof of the following:
a. Food & Lodging Authorization as a Registered Sanitarian certified by the North Carolina Board
of Sanitarian Examiners.
b. Completed State Application for Contract Work Authorization.
c. Completed Authorization Contract which references NC statutes 15A N.C.A.0 10.0105(b) (3-6)
d. Copy of a valid driver's license issued by the State of North Carolina for the type of vehicle or
equipment operated.
e. Completed IRS Form W-9.
ad STNEp�
North Carolina Department of Health and Human Services
Division of Public Health
Pat McCrory Aldona Z. Wos,M.D.
Governor Ambassador(Ret.)
Secretary DR14S
Daniel Staley
Acting Division Director
August 5,2013
Roberto Diaz, Environmental Health Specialist
Durham County Health Department
Durham,NC 27701
Courier: 17-23-01
SUBJECT: Contract Authorization-Food,Lodging&Institutional Sanitation(including Migrant Housing):REHS#:2334
Dear Roberto Diaz:
This is to notify you that you are now being authorized by the Environmental Health Section to enforce Food,Lodging and Institutional
Sanitation laws and rules on a contractual basis in Orange County. The effective date for the contract work is August 5,2013.
The authorization for Food,Lodging and Institutional Sanitation delegates you the authority to administer and enforce the laws in North
Carolina General Statutes Chapter 130A,Article 8,Parts 4 and 6;Chapter 95,Article 19;GS 13OA-17(Right of Entry),GS 130A-21
(Embargo of Shellfish and Milk Products),GS 130A-23(Suspension and Revocation of Permits), GS 130A-25(Misdemeanor), 153A-
226,and the rules in the North Carolina Administrative Code Title 15A-Subchapter 18A.1 000, 18A.1 300, 18A.1 500, 1 BA.1600, 18A
.1700, 18A.1800, 18A.2100, 18A.2200, 18A.2400, 18A.2600, 18A.2700,and 18A.3000.
Please be aware that the newly adopted Authorization Rules(15A NCAC 10.0100)have specific requirements in Rule.0105,which
must be met,including the following:
1. A statement from Orange County Health Department reporting any progress made to employ an individual who may be
considered for authorization;
2. A contract must be created between you and the Orange County Health Department;
3. You must maintain a list of all activities conducted;
4. Each public record you create must be reviewed by an authorized agent of the local health department. In addition,at least 10%of
the activities you conduct must be reviewed each month in the field,by an authorized agent employed by the Orange County
Health Departmentt,.
5. Finally, this authorization is specific for Orange County. When the contract is no longer in effect or within one year of the date of
issuance,this authorization shall become invalid.
Should you have any questions, a se let me know.
Sincer
L
L.Layt n Long, Jr. MSA, REHS
State Environmental Health Director
LL:AC
cc: Gayle Hams—Health Director Durham
Dr.Colleen Bridger-Health Director of Orange County
Melissa Ham-Regional EH Specialist
File
www.ncdhhs.gov - www.gublichealth.nc.pov- ht_pt :Hehs.ncpublichealth.com
Tel 888-251-5543 -Fax 919-845-3972
Location:5605 Six Forks Road- Raleigh,NC 27609
Mailing Address: 1632 Mail Service Center-Raleigh,NC 27699-1632
tom' An Equal Opportunity/Affirmative Action Employer r
it ' CC
North Carolina
Public Hearth
N. C. DEPARTMENT OF HEALTH AND HUMAN SERVICES
ENVIRONMENTAL HEALTH SEC TION
APPLICATION FOR CONTRACT WORK AUTHORIZATION
REGISTRATION NUMBER L� DATE OF EMPLOYMENT:
NAME:�C�LQV-�o �1 ►0-Z DATE OF BIRTH:
POSITION TITLE:^IL,F H S — I YIS@�,�D�C EMAIL ADDRESS: �C!�O,Z �U,� v►� Cc�•.�•r��] nC_ �`p✓
CURRENT AUTHORIZATION IN:
( )CCC FLI M 0SW ( ..)TATTOO
( )CLPP ( )MH&FFH ( )POOLS ( ELLS
(To be eligible for delegation of authority the individual must be employed by a local health,1 department.)
COUNTY OF EMPLOYMENT:�C�Y►�i�Y1/� HEALTH DIRECTOR: �U i t��CV S
ADDRESS: (/7 L YY�D��✓` GjT° \�V.�c IvG
COUNTY IN WHICH CONTRACT WORK IS REQUESTED: osav'Se
ADDRESS:
TYPE OF AUTHORIZATION REQUESTED:
( )CCC (VI"FLI ( )OSW ( ..)TATTOO
( )CLPP ( )MH&FFH ( )POOLS ( )WELLS
BEGINNING DATE: (Please do not say ASAP.)
STATEMENT OF APPLICANT
I hereby request that I be authorized to enforce state laws and rules on a contCAe4yal basis
t
DATE: L 3 SIGNATURE:
INSTRUCTIONS
Purpose:To request temporary delegation of authority to enforce state environmental health laws and rules in an emergency situation.
Preparation:This form shall be completed by the authorized agent requesting contract authorization.
Distribution: 1. Original to: Environmental Health Section,Office of Education&Training
1632 Mail Service Center, Raleigh, NC 27699-1632(Courier 52-01-00)
2. Copy: Local health department files
Disposition:This form may be destroyed in accordance with Standard 6, Personnel Records,Records Disposition Schedule published
by the North Carolina Division of Archives and History.
Additional Forms:This form may be copied as needed.
DPH-EHS 1056C(2/23/12)ADB
AUTHORIZATION CONTRACT
Pursuant to 15A N.C.A.0 10, the parties Orange County hereafter known as the CONTRACTOR for and
on behalf of County Health Department located at 300 West Tryon Street, Hillsborough NC,
27278 and hereafter known as the PROVIDER, located at aaC3 S-��I(o.r AvP .
/VC 4"7 9o5 enter into the following CONTRACT for professional environmental health
work in the promotion of public health through education, surveillance, consultation, inspection, and
enforcement of State, local, and Federal environmental health laws and regulatT--3 s, specifically in Food &
Lodging Establishments, hereafter known as SERVICES on this day of 0 I — l 3
This agreement is for the purpose of meeting the requirements for obtaining an authorization to perform
SERVICES from the Department of Health and Human Services, Division of Public Health for the
employee of the PROVIDER. Payment for SERVICES shall be between and the responsibility of the
agreeing parties in a separate agreement.
The parties above agree that SERVICES will be conducted for CONTRATOR by a
registered Environmental Health Specialist/Intern and employee of the PROVIDER. As a condition of
this agreement the CONTRACTOR and its employee RObQv4o"'!bi Q understand that receiving and
maintaining an authorization to perform said services is contingent upon full compliance with the
provisions provided below and all applicable rules and statutes relating to said services.
Pursuant to 15A N.C.A.0 10.0105 (b) (3), the parties agree, that the original public records shall remain
with the CONTRACTOR.
Any public records created for or related to the SERVICES shall be submitted by the employee of the
PROVIDER within two business days to an employee of the CONTRACTOR responsible for maintain
these records.
Pursuant to 15A N.C.A.0 10.0105 (b) (4), the parties agree that the health director of the CONTRACTOR
is responsible for maintaining public records created by the PROVIDER's employee.
Pursuant to 15A N.C.A.0 10.0105 (b) (5), the PROVIDER's employee will be available for consultation
to the public (in person, phone, and electronically) during usual business hours of the CONTRACTOR.
Pursuant to 15A N.C.A.0 10.0105 (b) (6), The PROVIDER's employee will be available for any hearing
or other legal proceeding that may ensue from SERVICES of the PROVIDER.
Pursuant to 15A N.C.A.0 10.0105 (c), the PROVIDER's employee shall maintain a list of each activity
and the date performed for review by the CONTRACTOR.
CONTRACTOR
(Name, Title, an Agency of Authorized Person)
PROVIDER
(Name, Title, and Agency of Authorized Person)