TRANSMITTAL. Ouray County via CDPHE &West Central Public Health Partnership.

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1 TRANSMITTAL...ojiTROSE COUNTV CBLOEOO BOCC Agenda Item #. MEETING DATE: 08/05/2013. Peg Mewes Name:. Health & Human Services Dept: Date Submitted:.07/31/2013 Phone: STRATEGIC PLAN PRIORITY #: #3 Provide for the Public Safety STRATEGIC BUSINESS PLAN ITEIVI TO EXPLAIN: Provide Environmental Health services (food inspections) for Ouray County via CDPHE &West Central Public Health Partnership. Fiscally responsible in that budgeted expense is revenue neutral to cover full costs. Discussed with County Manager? ^^Yes / No^^ Reviewed by County Attorney? ^^Yes / No(^ Included in Current Year Budget? ( )Yes / No^^ ANNUAL EXPENSE: OR REVENUE: additional unknown Additional Ennployees Required? (^^^^ 1 No^^ Program is... ONGOING NEW ONGOING TEMPORARY Subject to Annual Renewal? ^)Yes / No^^ If so, how many? _ Is this a Bid Award? {J}^^^ 1 No(«) Is this a Grant? O"^^^ ^ l^^ Bidders and Bid Amounts - Attach a Summary of Bids Received What is the County's Match? What Fiscal Policies and Rules Did You Follow? Purchase Amount: Reviewed by Procurement? Is-ihis to be communicatedlo the Public? 1 Press-Release Editorial Rnard Newsletter Article j Other Budget Amendment Attached? BOCC Review and Discussion w/county Manager Review & signature approval by BOCC to Memorandum of Understand RE: Environmental Health Partnership with Ouray County. Annual renewal of Partnership agreement limited to 6 months while new PH Director re-evaluating all environmental health needs.

2 MEMORANDUM OF UNDERSTANDING RE: Environmental Health Partnership THIS MEMORANDUM OF AGREEMENT is made and entered into effective as of the 1^' day of July 2013, by and between the Boards of Health ("Boards") of Ouray and Montrose Counties State of Colorado, acting in their capacity as the governing bodies of their respective public health agencies, hereinafter referred to collectively as the "Parties," to memorialize an agreement regarding the provision of Environmental Health Services in Ouray County and the parties state and agree as follows: RECITALS WHEREAS, the Montrose County Health and Human Services, hereinafter called "MCHHS" is required by the Colorado Department of Health and Environment to provide services relating to environmental health issues, health and safety issues ("Environmental Health Services"), and, WHEREAS, Ouray County hereinafter called "OC" is not currently in need of staff on a full time basis to provide Environmental Health Services and it is neither necessary nor desirable for OC to use private consultants and is dependent on the Colorado Department of Public Health and Environment to provide services, and WHEREAS, OC wishes to have these Environmental Health Services in their county by collaborating with MCHHS, and WHEREAS, a partnership was formed known as the West Central Public Health Partners (WCPHP) and Intergovernmental Agreements were signed by the Boards of County Commissioners in the six west central counties of Gunnison, Hinsdale, San Miguel Ourav Montrose, and Delta, and a. /> WHEREAS, the West Central Public Health partnership is to collaborate to address Public Health and Environmental Health concerns for the six county area, and WHEREAS, MCHHS has available an option to establish a regulatory presence by utilizing state consumer protection contracts to provide environmental health expertise, and WHEREAS, Art. XIV, section 18(2) (a) (b), Colo. Const, and section (1), CRS provide that governmental entities may cooperate or contract with one another to provide any function, service, or facility lawfully authorized to each of the cooperating or contracting units, including the sharing of costs, the imposition of taxes, or the incurring of debt, only if such cooperation or contracts are authorized by each party thereto with the approval of its legislative body or other authority having the power to so approve; NOW THEREFORE, the parties agree to appoint MCHHS to provide Environmental Health Services in OC, including those items as covered in exhibit A, as follows: SECTION I. DESCRIPTION OF SERVICES TO BE PERFORMED MCHHS shall provide an environmental health advisor and regulatory staff to oversee and control environmental health and safety issues in OC. The work to be performed by MCHHS shall be in compliance with the requirements of the Colorado Department of Public Health and Environment, and shall generally encompass environmental issues as set forth in Exhibit "A". 1

3 MCHHS may charge the fees set forth in exhibit "B" to retail food establishments and child care facilities in OC. MCHHS may charge a reimbursement fee for travel expenses related to child care facility inspections. SECTION II. PAYMENT OC WILL PAY MCHHS the sum of $8,000 for the services to be provided for July through June 30, Payments shall be made in two equal payments with the first payment due on or before July 30, 2013 and the second payment due on or before December Such payment shall be for all work to be performed as described herein; in the event that work IS requested to be performed that is outside of the scope of this Agreement, the parties shall agree on an appropriate fee for such services. Additional work can be added and the fee adjusted at any time and upon agreement of both parties. ANY AND ALL grant funds sought and received by MCHHS for work on projects within OC will be administered and reimbursed to MCHHS public health fund. ANNUALLY THE scope of work and flat fee for service will be reviewed during budget hearings for the respective Boards and an amendment to this Agreement shall be adopted by the Parties to reflect the total payment for each successive year. Payments for future years shall be made bi-annually on July 1 and December 15 of each year. SECTION III. RELATIONSHIP OF THE PARTIES THE PARTIES intend that all the activities worked in the agreement will be agreed upon before any activity in that area of regulation commences. All activity areas are set forth by the MCHHS through job descriptions drawn up for the activity. SECTION IV. OVERALL SUPERVISION The parties intend that MCHHS shall be an independent contractor and no employer/employee relationship exists between MCHHS and OC. Activities worked on by MCHHS representatives in OC will be done with consultation with the Director of Public Health and the OC Commissioners and carried out under their direction. In no event may staff or representatives of MCHHS enter into any contracts or agreements of behalf of OC or othenvise obligate or bind OC. SUCH REGULATORY activities are to be recorded and a report submitted to OC on request or as stipulated in the job descriptions for the type of work identified in Exhibit A of this agreement MCHHS agrees to comply with all Federal, State and Municipal laws, rules and regulations that are now or may in the future become applicable to the parties performance as covered by the Memorandum or accruing out of the performance of such work. IT IS UNDERSTOOD and agreed that MCHHS will provide regular reports on activities to OC as well as special reports as requested. SECTION V. DIRECT STAFF SUPERVISION 2

4 IT IS UNDERSTOOD and agreed that MCHHS shall be in charge of staff working under the terms of this agreement. Nothing in this MOA is intended, or should be interpreted, to waive any provisions of the Colorado Governmental Immunity Act, , C.R.S.,' et seq ("CGIA"). Each party to this MOA shall be entitled to all defenses and immunities set forth in the CGIA. No third party beneficiary rights are created by this MOA. SECTION VI. NON-ASSIGNABILITY THE PARTIES HERETO stipulate and agree that this Memorandum or any interest therein shall not be assigned, sublet or transferred without the prior written consent of both parties. SECTION VII. AMENDMENTS ANY AND ALL modifications or alterations of or additions to or changes in any term, condition, or agreement contained herein shall be void and not binding on any party hereto unless set forth in writing and signed by both parties. SECTION VIII. DURATION The initial term of this MOA shall commence upon the effective date set forth above and shall terminate on June 30, Thereafter, this MOA shall renew for subsequent terms of one calendar year, without further action of the parties except for the determination of the amount of the annual payment for a given fiscal year. Each party to this MOA may terminate its provisions by providing the other party with at least thirty days prior written notice to the addresses specified below. This MOA represents the entire integrated and merged understanding of the parties hereto and no prior or contemporaneous promise, representation, term, condition, or understanding shall be of any force or effect unless embodied herein in writing. NOTICES Any notices to be given pursuant to this MOA shall be made in writing and delivered either by U.S. Mail or by personal service to the addresses specified below: For Ouray County: Board of Health of Ouray County 541 4"^ Street (physical address) P.O. Box C (mailing address) Ouray, CO (fax) For Montrose County: Board of Health of Montrose County 161 S. Townsend Avenue Montrose, CO

5 SECTION IX DEFAULT IT IS AGREED that in the event of default by either of the parties, the non-defaulting party shall give the defaulting party written notice by certified mail of such default and the defaulting party shall have ten days to correct said default. If said default is not corrected within said ten day period, the non-defaulting party may terminate this Memorandum and may bring any action at law or equity authorized by the laws of the state of Colorado. If legal action is commenced, the prevailing party shall be entitled to recover costs and attorney's fees incurred in connection with any such action. IN WITNESS WHEREFORE, the respective parties have hereunto set their signatures effective the day and year first above written. MONTROSE COUNTY HEALTH & HUMAN SERVICES OURAY COUNTY PUBLIC HEALTH AGENCY Cheryl L. Roberts, RN, Director MONTROSE COUNTY BOARD OF HEALTH OURAY COUNTY BOARD OF HEALTH Chairman ATTEST: Chairman ATTEST: Deputy Clerk of the Board Deputy Clerk of the Board 4

6 EXHIBIT A: General Environmental Sanitation Section 1. Community Health Issues a. Complaints, housing hygiene and nuisance conditions 2. Regulating Hygiene through State Consumer Protection contract a. Good service establishments, retail food sales b. Schools c. Child Care d. Group Lodging - gatherings, hotels, motels, camps, etc. e. Recreation Areas - pools, lakes, parks, etc. 3. Zoonosis/lnsectborne Disease and Vector Control 4. Body Art establishments General Environmental Regulatory Assistance 1. Recommend regulations on ordinances and certification requirements 2. Review environmental proposals or documents and provide recommendations as needed. Environmental Impacts Section 1. Land a. Confined animal operations b. Sand and gravel c. Land reclamation d. Land application e. Waste materials management 1) Solid Waste 2) Recycling 3) Composting 4) Hazardous Wastes 2. Water a. Drinking water and quality 1) Public water supply 2) Well source 3) Water testing b. Wastewater treatment and disposal 1) Public treatment systems c. Surface water protection and control 1) Natural waterways 2) Manmade conveyances 3) Storm water pollution 3. Air a. General Emissions b. Odors 5

7 EXHIBIT B: Fee Schedule Retail Food 1. Plan review application fee. $ Plan review and pre-opening inspection. Actual cost of such review at $36/hour, which shall not exceed $ Review of HACCP plan of a specific written process. Actual cost of such review at $36/hour, which shall not exceed $ Review of a HACCP plan for a process already conducted at a facility. Actual cost of such review at $36/hour, which shall not exceed $ Services requested by any person seeking review of a potential retail food establishment site. $75 or actual cost of such review at $36/hour, whichever is greater. 6. Food protection services provided to special events. Actual cost of such services at $36/hour. 7. Any requested service not specifically set forth in this section. Actual cost of such service at $36/hour. Child Care 8. Child care facility inspection. $72 per inspection. 6