Common use of Authority and Responsibility Clause in Contracts

Authority and Responsibility. 3.1 This contract is executed under authority granted the Department by Sec 250.03(1)(e), (f), and (g). 3.2 The Department shall determine the scope of the inspection activities to be performed by the limited agent; furthermore, the Department shall reevaluate the scope as part of the analysis in section 2.3 of this contract. 3.3 The Department shall collect all fees, issue all permits, conduct pre-inspections and retain responsibility for all enforcement actions for all licensable establishments within the geographic jurisdiction of the limited agent, except as specifically delegated herein. 3.4 The Department shall establish minimum criteria regarding the credentials and qualifications of the person(s) employed by the limited agent to perform the inspection duties contained herein (see section 6). Acceptance of this contract by the limited agent signifies agreement to employ or contract with inspectors meeting such credentials and qualifications. 3.5 The Limited Agent shall annually inspect the facilities designated by the Department under contractual authority from Sec 250.03 (1) (e). 3.6 The Limited Agent shall be responsible for all inspection activities including follow ups, reinspections (see reinspection criteria) and complaint follow-up for licensed establishments under this contract. The Limited Agents responsibility begins after the Department has performed a preinspection and up until the Limited Agent has notified the Department that enforcement action is required. Once the enforcement action has been resolved by the Department, the Department will notify the Limited Agent of the action taken. Once enforcement actions have been resolved the Limited Agent will resume the activities as outlined in the contract. 3.7 The department will reimburse reinspections fees at the rate of 80%. Limited Agents shall use the reinspection criteria developed by the Department. Invoices (See Exhibit III) may be sent in quarterly, but processing and payment will occur after August 15th following the end of the licensing year. Reimbursement will occur only after payment has been received by the Department. No reimbursement will be made on reinspections if payment has not been received by the Department. 3.8 No additional fees may be levied by the Limited Agent upon inspected facilities.