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Home My WebLink About2013-396 Health - Barry E Oldham for Enforcing Food Lodging and Institutional Sanitation Laws and Rules $ 6.000 'w1i1.3- 34 � [Departmental Use Only] TITLE REHS Service Contract FY 2013-14 ORANGE COUNTY CONTRACT UNDER$10,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this day of`—p , 2013, ("Effective Date") by and between Orange County,North Carolina, a body politic and corporate organized n r the laws of the State of North Carolina, (the "County"), party of the first part; and (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 b to 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 a,/-/- 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 1 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. Governing 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. ORANG U TY PROVIDER By: By: X r - , b �a o, �/ 0Ci IvS County Manage T•t i 200 S. Cameron S . o S �' `J P.O. B ox 8181 ,_� 2 0 Hillsborough,NC 27278 This i strument has been approved as to technical content. t Colleen Bridger Ph.D,MPH, D ent Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Cont ro Act. 1 �, Office of the Finance Director Revised July 2010 2 Thi i tru t as been approved as to form and legal sufficiency. Offi e of the-kounty At rney Revised July 2010 3 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. Provider will 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:OOpm 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: 1. Office: 919-245-2364 2. Cell: 336-380-5636 3. Home: 336-322-1708 4. 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. ,ye•.R�Tf a .Y ✓ North Carolina Department of Health and Human Services Division of Public Health Pat McCrory Aldona Z.Wos,M.D. Governor Ambassador(Ret.) Secretary DHHS Daniel Staley Acting Division Director August 20,2013 Barry Oldham,Environmental Health Specialist Chatham County Health Department Pittsboro,North Carolina 27312 Courier:13-27-01 SUBJECT: Contract Authorization-Food,Lodging&Institutional Sanitation(Including Migrant Housing):REHS#:2042 Dear Barry Oldham: 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 21,2013. 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 130A-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.1000, 18A.1300, 18A.1 500, 18A.1600, 1 BA .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 Department; 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,please let me know. Sinc ly, ayt ng,Jr. I SA, Stat nvironmental alt irector LL:AC cc: Holly Coleman,MS,REHS-Health Director of Chatham County Dr.Colleen Bridger-Health Director of Orange County Melissa Ham-Regional EH Specialist File www.ncdhhs.gov www.nublichealth.nc.eov• http://elis.ncpublicliealtli.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 An Equal Opportunity/Affirmative Action Employer North Carolina Public Health r , t q t