CONTRACT FOR PUBLIC AND ENVIRONMENTAL HEALTH ENGINEER/AGENT
THIS IS AN AGREEMENT between the Town of __________, a municipal corporation in Norfolk County, Massachusetts, acting by its Board of Health (hereinafter referred to as the “BOARD”) and _________________ (hereinafter referred to as the “AGENT”), for the provision of Public and Environmental Health Engineer/Agent services for the period of July 1, 2001 through June 30, 2004 as follows:
I. SERVICES TO BE PROVIDED
1. Services required to enforce the Local, State, and Federal public and environmental health laws and regulations that are the responsibility of the BOARD. This does not include the Right to Know Laws, Lead Paint / Asbestos Detection Services, Housing Inspection, Food Establishment Inspections, Expert Witness or Court Enforcement Services. This does include:
A. Review of subsurface sewage disposal systems, including soil evaluation, design plans, and inspection of construction.
B. Review of on-site well permit proposals, water quality and quantity test results, and treatment units.
C. Review of Building Permit applications for compliance with Board of Health requirements in accordance with the policies set forth by the BOARD.
D. Investigation of complaints regarding wastewater overflows, illegal dumping, hazardous waste, and the like.
2. General Consultation to the BOARD.
3. General Guidance to concerned parties needing services within the jurisdiction of the Board of Health insofar as regulatory requirements are concerned.
4. Attendance at BOARD regular meetings when necessary as requested by the Board of Health.
5. Attendance at BOARD special meetings when possible and when special circumstances require.
6. Perform all work requested by the BOARD that falls under the go normal duties of a Public and Environmental Health Agent. This does not include general clerical/secretarial services.
7. Perform all work for the BOARD that is compensated as provided by Chapter 593 of the Acts of 1989, M.G.L. Chapter 44, Section 53F, as provided by the Board of Health regulations. This shall include review of Site Plans, Subdivision Plans, Gravel Removal Plans, MEPA submittal reviews and any other projects as directed by the BOARD.
II. PERIOD OF SERVICE AND PAYMENT TO AGENT
1. The work will be compensated in the following manner:
For work that is compensated from the Board of Health annual budget, the BOARD agrees to pay an annual fee, to be paid in one-twelfth increments through each year at the end of each month, according to the following schedule.
$ for the period July 1, 2001 to June 30, 2002,
$ for the period July 1, 2002 to June 30, 2003,
$ for the period July 1, 2003 to June 30, 2004.
For work for the BOARD performed outside the scope of this contract, compensation shall be on an hourly rate basis. The billing rate shall be:
$ per hour for the period July 1, 2001 to June 30, 2002,
$ per hour for the period July 1, 2002 to June 30, 2003,
$ per hour for the period July 1, 2003 to June 30, 2004.
For work performed that is compensated as provided by Chapter 593 of the Acts of 1989, M.G.L. Chapter 44, Section 53F, compensation shall be on an hourly basis. The billing rate shall be:
$ per hour for the period July 1, 2001 to June 30, 2002,
$ per hour for the period July 1, 2002 to June 30, 2003,
$ per hour for the period July 1, 2003 to June 30, 2004.
2. At no time will any provision of this agreement make the BOARD liable for payment for performance of work under this agreement in excess of the amounts which have been appropriated by Town Meeting and designated by the BOARD for expenditure for the purpose of this agreement.
The AGENT will not incur any expenses exceeding the allotted amount unless and until the BOARD has notified the AGENT in writing that such allotted amount has been increased and has specified in such notice an increased amount constituting the total amount allotted for this work.
In the event that the AGENT expects the allotted amount will be exceeded by the performance of the required work, the AGENT shall notify the BOARD in writing as soon as such situation is anticipated.
If the Applicant submits substantially different prices for different years, these prices will be adjusted to current year using Net Present Value (NPV) techniques.
III. INDEMNITY
The agent shall indemnify, and save the BOARD, harmless from and against any and all costs (including but not limited to litigation expenses and attorney’s fees), liability, fines, claims, penalties, damages, suits or proceedings whatsoever for injury to persons (including death) or damage to property due to the negligence by acts or omissions of the AGENT, provided however, the AGENT’S obligations hereunder shall not apply when such injury or damage to the extent such injury or damage may be determined to be the sole negligence of the BOARD.
This contract may be cancelled by either party provided written notice is given at least four (4) weeks in advance of the cancellation date to the non-breaching party.
In witness whereof, the parties hereto have made and executed this Agreement as of the day and year set forth below.
TOWN OF _________ BOARD OF HEALTH
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ACCEPTED BY AGENT
_____________________________________ DATE _____________