HomeMy WebLinkAboutC09-087 CDPHE_consumer protectionDEPARTMENT OR AGENCY NAME
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
CONSUMER PROTECTION DIVISION
DEPARTMENT OR AGENCY NUMBER
FFA
CONTRACT ROUTING NUMBER
09 -00007
LIMITED AMENDMENT FOR TASK ORDERS #1
This Limited Amendment is made this 2nd day of February, 2009, by and between the State of
Colorado, acting by and through the DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT, whose address or principal place of business is 4300 Cherry Creek Drive
South, Denver, Colorado 80246, hereinafter referred to as the "State "; and, BOARD OF
COUNTY COMMISSIONERS OF EAGLE COUNTY, a political subdivision of the State
of Colorado, whose address or principal place of business is 500 Broadway, Eagle, Colorado
81631, hereinafter referred to as the "Contractor ".
FACTUAL RECITALS
The parties entered into a Master Contract, dated January 23, 2007, with contract routing
number 08 FAA 00016 "the Master Contract ").
Pursuant to the terms and conditions of the Master Contract, the parties entered into a Task Order
Contract, dated April 23, 2007, with contract encumbrance number PO FFA CPD0800004, and
contract routing number 08 FFA 0800004, referred to herein as the "Original Task Order
Contract," whereby the Contractor was to provide to the State the following:
Community Consumer Protection Services, including but not limited to: the
sanitary regulation (including product sampling) of retail food establishments,
schools, child care centers, summer camps, mobile home parks, campgrounds,
motels and hotels; respond to environmental health emergencies in its service area;
and complete reasonable requests by the State to provide assistance in various
program activities.
The State promises to decrease the amount of funds to be paid to the Contractor by Six
Hundred Forty -Nine and 66/100 Dollars, ($649.66) during the current term of the Original
Task Order Contract in exchange for the promise of the Contractor to perform the decreased
work under the Original Task Order Contract.
NOW THEREFORE, in consideration of their mutual promises to each other, stated below, the
parties hereto agree as follows:
Consideration for this Limited Amendment to the Original Task Order Contract consists
Page 1 of 3
of the payments and services that shall be made pursuant to this Limited Amendment,
and promises and agreements herein set forth.
2. It is expressly agreed to by the parties that this Limited Amendment is supplemental to
the Original Task Order Contract, contract routing number 08 FFA 00004, referred to
herein as the Original Contract, which is by this reference incorporated herein. All terms,
conditions, and provisions thereof, unless specifically modified herein, are to apply to
this Limited Amendment as though they were expressly rewritten, incorporated, and
included herein.
3. It is expressly agreed to by the parties that the Original Task Order Contract is and shall
be modified, altered, and changed in the following respects only:
A. This Limited Amendment is issued pursuant to paragraph 5 of the Original Task
Order Contract identified by contract routing number 08 FFA 00004. This
Limited Amendment is for the current term of July 1, 2008, through and .
including June 30, 2009. The maximum amount payable by the State for the
work to be performed by the Contractor during this current term is decreased by
Six Hundred Forty -Nine and 66/100 Dollars, ($649.66) for an amended total
financial obligation of the State of ONE HUNDRED TWENTY -NINE
THOUSAND TWO HUNDRED EIGHTY -TWO AND 29/100 DOLLARS,
($129,282.29).
The revised Statement of Work and Budget is incorporated herein by this
reference and identified as "Exhibit B, as modified by Limited Amendment for
Task Order #1, Contract Routing Number 09 FFA 00007". The Original Task
Order Contract is modified accordingly. All other terms and conditions of the
Original Task Order Contract are reaffirmed.
4. The effective date of this Limited Amendment is 05/01/2009, or upon approval of the
State Controller, or an authorized delegate thereof, whichever is later.
Except for the Special Provisions and other terms and conditions of the Master Contract
and the General Provisions of the Original Task Order Contract, in the event of any
conflict, inconsistency, variance, or contradiction between the terms and provisions of
this Limited Amendment and any of the terms and provisions of the Original Task Order
Contract, the terms and provisions of this Limited Amendment shall in all respects
supersede, govern, and control. The Special Provisions and other terms and conditions of
the Master Contract shall always control over other provisions of the Original T ask Order
Contract or any subsequent amendments thereto. The representations in the Special
Provisions to the Master Contract concerning the absence of personal interest of state of
Colorado employees and the certifications in the Special Provisions relating to illegal
aliens are presently reaffirmed.
6. FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFTER THE CURRENT
FISCAL YEAR ARE CONTINGENT UPON FUNDS FOR THAT PURPOSE BEING
APPROPRIATED, BUDGETED, AND OTHERWISE MADE AVAILABLE.
Page 2 of 3
IN WITNESS WHEREOF, the parties hereto have executed this Limited Amendment on the
day first above written.
* Persons signing for Contractor hereby swear and affirm that they are authorized to act
on Contractor's behalf and acknowledge that the State is relying on their representations
to that effect.
CONTRACTOR:
BOARD OF COUNTY COMMISSIONERS
OF EAGLE COUNTY
(a political subdivision of the State of Colorado)
By:
ame• :-
Title: • '
G G+f •r.�'
STATE:
STATE OF COLORADO
Bill Ritter, Jr. Governor
By:
M.
For the Executive Director
DEPARTMENT OF PUBLIC
HEALTH AND ENVIRONMENT
PROGRAM APPROVAL:
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24 -30 -202 requires that the State Controller approve all state contracts. This limited
amendment is not valid until the State Controller, or such assistant as he may delegate, has
signed it. The contractor is not authorized to begin performance until the contract is
signed and dated below. If performance begins prior to the date below, the State of
Colorado may not be obligated to pay for goods and /or services provided.
STATE CONTROLLER
David J. McDermott, CPA
La
Date:
Page 3 of 3
Exhibit B, as modified by
Limited Amendment for Task Order #1,
Contract Routing Number 09 FFA 00007
STATEMENT OF WORK
The Contractor shall provide community Consumer Protection Services, which services shall
include, but are not limited to: the sanitary regulation (including product sampling) of retail food
establishments, schools, child care centers, summer camps, mobile home parks, campgrounds,
motels and hotels; responding to environmental health emergencies, as defined by the State, in its
service area; and the completion of reasonable requests by the State to provide assistance in
various program activities. The Contractor shall provide these services in compliance with the
State "Food Protection Act" as set forth in "Delegation of the Food Protection Act and
Information Reporting ", incorporated herein by this reference, made a part hereof, and attached
hereto as Attachment B -1.
From July 1 through June 30 of each year of this Contract, the Contractor shall complete the
following activities in its service area:
a. Two (2) inspections, when required, for all retail food establishments;
b. One (1) inspection of all schools that contain a laboratory or shop;
c. One (1) inspection of each child care center;
d. One (1) inspection of each summer camp;
e. An inspection, in a timely manner, of any mobile home park, campground, motel or hotel
after the Contractor receives a complaint of any such facility;
f. Review of all submitted plans in a timely manner;
g. Collect one (1) sample of each: hamburger or ground beef and sausage produced by each
retail market at least once every five (5) years and submit that sample to the Colorado
Department of Public Health and Environment, Laboratory Services Division; and
h. One (1) inspection of all schools that do not contain a laboratory or shop at least once
every three (3) years.
On or after the effective date of this Contract all persons employed by the Contractor to complete
its duties and obligations under this Contract, shall meet the minimum qualifications established
by the State's Department of Public Health and Environment, Consumer Protection Division.
These minimum standards are contained in the State's "Procedure for Administering the
City/County Environmental Health Program," which is incorporated herein by this reference,
made a part hereof, and attached hereto as Attachment B -2. If the Contractor cannot determine if
an employee or applicant meets the minimum qualifications for education or experience, then the
Contractor shall submit an employee's credentials or an applicant's application to the State for
review and approval prior to employment under this contract.
4. The Contractor shall submit all inspection reports, a sample of which is incorporated herein by this
reference, made a part hereof, and attached hereto as Attachment B -3, within five (5) working
days after the last day of each month for all services covered by this contract. Inspection report
forms will be furnished to the Contractor by the State on an as needed basis.
5. Should the Contractor be unable to fulfill its duties under this Task Order, then the Contractor
shall transmit to the Colorado Department of Revenue one - twelfth of the total amount of annual
license fees collected, per each month that the duties delegated pursuant to 25 -4 -1604 (1)(i) are not
performed.
Page 1 of 2
BUDGET
In consideration of those services satisfactorily and timely performed by the Contractor under this
Contract, the State shall cause to be paid to the Contractor a sum not to exceed One Hundred
Twenty -Nine Thousand Two Hundred Eighty-Two and 29/100 Dollars ($129,282.29) as follows:
a. Year 1, FY 08: $25,986.39
b. Year 2, FY 09: $25,336.73
c. Year 3, FY 10: $25,986.39
d. Year 4, FY 11: $25,986.39
e. Year 5, FY 12: $25,986.39
f. Should less than 90% of the contract work be completed in any of the contract years, one -
twelfth (1/12) of the annual contract remittance will not be paid to Contractor in the last
quarter of that contract year.
Page 2 of 2
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
ROUTING NO. 08 FFA 00004
APPROVED TASK ORDER CONTRACT — WAIVER #154
This Task Order Contract is issued pursuant to Master Contract made on 01/23/2007, with routing number 08 FAA 00016
STATE:
State of Colorado for the use & benefit of the
Department of Public Health and
Environment
Consumer Protection Division
City /County Environmental Health Program
4300 Cherry Creek Drive South
Denver, Colorado 80127
TASK ORDER MADE DATE:
April 23, 2007
PO /SC ENCUMBRANCE NUMBER
PO FFA CPD0800004
TERM:
This Task Order shall be effective upon
approval by the State Controller, or designee,
or on 07/01/2007, whichever is later. The
Task Order shall end on 06/30/2012.
PRICE STRUCTURE:
Fixed
PROCUREMENT METHOD:
Exempt
BID /RFP /LIST PRICE AGREEMENT NUMBER
Not Applicable
LAW SPECIFIED VENDOR STATUTE:
Not Applicable
STATE REPRESENTATIVE
Patricia Klocker
Department of Public Health and Environment
Consumer Protection Division
City/County Environmental Health Program
4300 Cherry Creek Drive South
Denver, CO 80127
CONTRACTOR-
Board of County Commissioners of
Eagle County
500 Broadway
Eagle, CO 81631
CONTRACTOR ENTITY TYPE:
Colorado Political Subdivision
CONTRACTOR FEIN OR SOCIAL SECURITY NUMBER
846000762
BILLING STATEMENTS RECEIVED:
Quarterly
STATUTORY AUTHORITY:
C.R.S. 25 -4 -1601; C.R.S. 25 -1.5 -101; C.R.S. 29-
1 -201
CONTRACT PRICE NOT TO EXCEED:
$129,931.95
FEDERAL FUNDING DOLLARS: $0
STATE FUNDING DOLLARS: $129,931.95
MAXIMUM AMOUNT AVAILABLE PER FISCAL YEAR
FY 08:
$25,986.39
FY 09:
$25,986.39
FY 10:
$25,986.39
FY 11:
$25,986.39
FY 12:
$25,986.39
CONTRACTOR REPRESENTATIVE
Chairperson of the Board of the County
Commissioners of Eagle County
Board of the County Commissioners of Eagle
County
500 Broadway
Eagle, CO 81631
SCOPE OF WORK:
Contractor shall provide community Consumer Protection Services, including but not limited to: the
sanitary regulation (including product sampling) of retail food establishments, schools, child care
centers, summer camps, mobile home parks, campgrounds, motels and hotels; respond to
environmental health emergencies in its service area; and complete reasonable requests by the State to
provide assistance in various program activities.
Page 1 of 4
FOXHIBITS:
The following exhibits are hereby incorporated:
Exhibit A - Additional Provisions (and its attachments if any — e.g., A -1, A -2, etc.)
Exhibit B - Statement of Work and Budget (and its attachments if any — e.g., B -1, B -2, etc.)
Exhibit C - Limited Amendment Template for Task Orders
GENERAL PROVISIONS
The following clauses apply to this Task Order Contract. These general clauses may have been expanded upon or made
more specific in some instances in exhibits to this Task Order Contract. To the extent that other provisions of this Task
Order Contract provide more specificity than these general clauses, the more specific provision shall control.
This Task Order Contract is being entered into pursuant to the terms and conditions of the Master Contract
including, but not limited to, Exhibit One thereto. The total term of this Task Order Contract, including
any renewals or extensions, may not exceed five (5) years. The parties intend and agree that all work shall
be performed according to the standards, terms and conditions set forth in the Master Contract.
In accordance with section 24 -30- 202(1), C.R.S., as amended, this Task Order Contract is not valid until it
has been approved by the State Controller, or an authorized delegee thereof. The Contractor is not
authorized to, and shall not; commence performance under this Task Order Contract until this Task Order
Contract has been approved by the State Controller or delegee. The State shall have no financial obligation
to the Contractor whatsoever for any work or services or, any costs or expenses, incurred by the Contractor
prior to the effective date of this Task Order Contract. If the State Controller approves this Task Order
Contract on or before its proposed effective date, then the Contractor shall commence performance under
this Task Order Contract on the proposed effective date. If the State Controller approves this Task Order
Contract after its proposed effective date, then the Contractor shall only commence performance under this
Task Order Contract on that later date. The initial term of this Task Order Contract shall continue through
and including the date specified on page one of this Task Order Contract, unless sooner terminated by the
parties pursuant to the terms and conditions of this Task Order Contract and/or the Master Contract.
Contractor's commencement of performance under this Task Order Contract shall be deemed acceptance of
the terms and conditions of this Task Order Contract.
3. The Master Contract and its exhibits and/or attachments are incorporated herein by this reference and made
a part hereof as if fully set forth herein. Unless otherwise stated, all exhibits and/or attachments to this Task
Order Contract are incorporated herein and made a part of this Task Order Contract. Unless otherwise stated,
the terms of this Task Order Contract shall control over any conflicting terms in any of its exhibits. In the event
of conflicts or inconsistencies between the Master Contract and this Task Order Contract (including its exhibits
and/or attachments), or between this Task Order Contract and its exhibits and/or attachments, such conflicts or
inconsistencies shall be resolved by reference to the documents in the following order of priority: 1) the
Special Provisions of the Master Contract; 2) the Master Contract (other than the Special Provisions) and its
exhibits and attachments in the order specified in the Master Contract; 3) this Task Order Contract; 5) the
Page 2 of 4
Additional Provisions - _Exhibit A, and its attachments if included, to this Task Order Contract; 4) the
Scope /Statement of Work - Exhibit B, and its attachments if included, to this Task Order Contract; 6) other
exhibits /attachments to this Task Order Contract in their order of appearance.
4. The Contractor, in accordance with the terms and conditions of the Master Contract and this Task Order
Contract, shall perform and complete, in a timely and satisfactory manner, all work items described in the
Statement of Work and Budget, which are incorporated herein by this reference, made a part hereof and
attached hereto as "Exhibit B ".
The State, with the concurrence of the Contractor, may, among other things, prospectively renew or extend
the term of this Task Order Contract, subject to the limitations set forth in the Master Contract, increase or
decrease the amount payable under this Task Order Contract, or add to, delete from, and/or modify this
Task Order Contract's Statement of Work through a "Limited Amendment for Task Orders" that is
substantially similar to the sample form Limited Amendment that is incorporated herein by this reference
and identified as Exhibit C. To be effective, this Limited Amendment must be signed by the State and the
Contractor, and be approved by the State Controller or an authorized delegate thereof. Upon proper
execution and approval, this Limited Amendment shall become a formal amendment to this Task Order
Contract. This contract is subject to such modifications as may be required by changes in Federal or State
law, or their implementing regulations. Any such required modification shall automatically be incorporated
into and be part of this Task Order Contract on the effective date of such change as if fully set forth herein.
6. The conditions, provisions, and terms of any RFP attached hereto, if applicable, establish the minimum
standards of performance that the Contractor must meet under this Task Order Contract. If the Contractor's
Proposal, if attached hereto, or any attachments or exhibits thereto, or the Scope /Statement of Work -
Exhibit B, establishes or creates standards of performance greater than those set forth in the RFP, then the
Contractor shall also meet those standards of performance under this Task Order Contract.
Page 3 of 4
IN WITNESS WHEREOF, the State has executed this Task Order Contract as of the day first above
written.
CONTRACTOR:
Board of County Cormnissioners of Eagle County
Legal Name of Contracting Entity
846000762
S ;a, Zecurity Number or FEIN
Si Authorized Officer
2�
Print Name & Title of Authorized Officer
GOVERNMENTAL ENTITIES:
(An attestation and seal are required)
Attest (Seal) By
(Town/City /County Clerk or Equi lent)
STATE OF COLORADO:
BILL TER, JR. vERlvoR
By N��
For Executive Director
Department of Public Health and Environment
Department Program Approval:
Fj' % M, It, Film
M-1 .60MA "k
seal here)
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24-30 -202 requires that the State Controller approve all state contracts. This contract is not valid until the State
Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until
the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be
obligated to pay for the goods and/or services provided.
Page 4 of 4
EXHIBIT A
ADDITIONAL PROVISIONS
To Task Order Contract Dated 01/23/2007 - Contract Routing Number 08 FFA 00004
These provisions are to be read and interpreted in conjunction with the provisions of the
Task Order Contract specified above.
Health Insurance Portability and Accountability Act (HIPAA) Business Associate Determination.
The State has determined that this contract does not constitute a Business Associate relationship under
HIPAA.
To receive compensation under this Task Order Contract, the Contractor shall submit a quarterly
Invoice /Cost Reimbursement Statement in a format acceptable to the State. A sample Invoice /Cost
Reimbursement Statement is attached hereto as Attachment A and incorporated herein by this reference.
An Invoice /Cost Reimbursement Statement must be submitted within fifteen (15) calendar days of the end
of the billing period for which services were rendered. Expenditures shall be in accordance with the
Statement of Work attached hereto as Exhibit B and incorporated herein. These items may include, but are
not limited to, the Contractor's salaries, fringe benefits, supplies, travel, operating, indirect costs which are
allowable, and other allocable expenses related to its performance under this Task Order Contract.
Invoice /Cost Reimbursement Statements shall: 1) reference this Task Order Contract by its contract routing
number, which number is located on page one of this Task Order Contract; 2) state the applicable
performance dates; 3) state the names of payees; 4) include a brief description of the services performed
during the relevant performance dates; 5) describe the incurred expenditures if reimbursement is allowed
and requested; and, 6) show the total requested payment. Payment during the initial, and any renewal or
extension, term of this Task Order Contract shall be conditioned upon affirmation by the State that all
services were rendered by the Contractor in accordance with the terms of this Task Order Contract.
Invoice /Cost Reimbursement Statements shall be sent to:
Elizabeth Williams
Consumer Protection Division
Fiscal Officer
Colorado Department of Public Health and Environment
CPD -B2
4300 Cherry Creek Drive South
Denver, CO 80246
To be considered for payment, billings for payments pursuant to this Task Order Contract must be received
within a reasonable time after the period for which payment is requested, but in no event no later than sixty
(60) calendar days after the relevant performance period has passed. Final billings under this Task Order
Contract must be received by the State within a reasonable time after the expiration or termination of this
Task Order Contract; but in no event no later than sixty (60) calendar days from the effective expiration or
termination date of this Task Order Contract.
Page 1 of 1
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EXHIBIT B
STATEMENT OF WORK AND BUDGET
To Task Order Contract Dated 01/23/2007- Contract Routing Number 08 FFA 00004
These provisions are to be read and interpreted in conjunction with the provisions of the Task Order Contract specified above.
STATEMENT OF WORK
The Contractor shall provide community Consumer Protection Services, which services shall include, but
are not limited to: the sanitary regulation (including product sampling) of retail food establishments,
schools, child care centers, summer camps, mobile home parks, campgrounds, motels and hotels;
responding to environmental health emergencies, as defined by the State, in its service area; and the
completion of reasonable requests by the State to provide assistance in various program activities. The
Contractor shall provide these services in compliance with the State "Food Protection Act" as set forth in
"Delegation of the Food Protection Act and Information Reporting ", incorporated herein by this reference,
made a part hereof, and attached hereto as Attachment B -1.
From July 1 through June 30 of each year of this Contract, the Contractor shall complete the following
activities in its service area:
a. Two (2) inspections, when required, for all retail food establishments;
b. One (1) inspection of all schools that contain a laboratory or shop;
c. One (1) inspection of each child care center;
d. One (1) inspection of each summer camp;
e. An inspection, in a timely manner, of any mobile home park, campground, motel or hotel after the
Contractor receives a complaint of any such facility;
f. Review of all submitted plans in a timely manner;
g. Collect one (1) sample of each: hamburger or ground beef and sausage produced by each retail
market at least once every five (5) years and submit that sample to the Colorado Department of
Public Health and Environment, Laboratory Services Division; and
h. One (1) inspection of all schools that do not contain a laboratory or shop at least once every three
(3) years.
3. On or after the effective date of this Contract all persons employed by the Contractor to complete its duties
and obligations under this Contract, shall meet the minimum qualifications established by the State's
Department of Public Health and Environment, Consumer Protection Division. These minimum standards
are contained in the State's "Procedure for Administering the City/County Environmental Health Program,"
which is incorporated herein by this reference, made a part hereof, and attached hereto as Attachment B -2.
If the Contractor cannot determine if an employee or applicant meets the minimum qualifications for
education or experience, then the Contractor shall submit an employee's credentials or an applicant's
application to the State for review and approval prior to employment under this contract.
4. The Contractor shall submit all inspection reports, a sample of which is incorporated herein by this
reference, made a part hereof, and attached hereto as Attachment B -3, within five (5) working days after
the last day of each month for all services covered by this contract. Inspection report forms will be
furnished to the Contractor by the State on an as needed basis.
5. Should the Contractor be unable to fulfill its duties under this Task Order, then the Contractor shall
transmit to the Colorado Department of Revenue one - twelfth of the total amount of annual license fees
collected, per each month that the duties delegated pursuant to 25-4 -1604 (1)(i) are not performed.
Pagel of 2
EXHIBIT B °
BUDGET
In consideration of those services satisfactorily and timely performed by the Contractor under this Contract,
the State shall cause to be paid to the Contractor a sum not to exceed One Hundred Twenty -Nine Thousand
Nine Hundred Thirty-One Dollars and 95/100 ($129,931.95) as follows:
a. Year 1, FY 08: $25,986.39
b. Year 2, FY 09: $25,986.39
c. Year 3, FY 10: $25,986.39
d. Year 41 FY 11: $25,986.39
e. Year 5, FY 12: $25,986.39
f. Should less than 90% of the contract work be completed in any of the contract years, one - twelfth
(1/12) of the annual contract remittance will not be paid to Contractor in the last quarter of that
contract year.
Page 2 of 2
ATTACHMENT B -1
DELEGATION OF THE "FOOD PROTECTION ACT" AND INFORMATION REPORTING
To Task Order Contract Dated 01/23/2007- Contract Routing Number 08 FFA 00004
These provisions are to be read and interpreted in conjunction with the provisions of the Task Order Contract specified above.
This document is to clarify the roles of the Colorado Department of Public Health and Environment, Consumer
Protection Division, and the Contractor, as regards the delegation of responsibilities under the "Food Protection
Act', C.R.S. 25 -4 -1604 (a), (c), (d), (e), and (h) to the Contractor, from the Colorado Department of Public Health
and Environment ( CDPHE), Consumer Protection Division (CPD) and the reporting of information by the
Contractor to the CDPHE, CPD.
As regards the delegation of the "Food Protection Act', the Contractor is to:
1. Grant or refuse licenses and certificates of license pursuant to C.R.S. 25 -4 -1606, or to suspend or revoke
licenses and certificates of license pursuant to C.R.S. 25 -4 -1609.
2. Hear and determine all complaints against licensees or grantees of certificates of license and administer
oaths and issue subpoenas to require the presence of any person necessary to the determination of any such
hearing.
3. Use and require compliance with the "Food Protection Act," C.R.S. 25 -4 -16 et seq. , the "Colorado Retail
Food Establishment Rules and Regulations," 6 CCR 1010 -2, and all other documents issued by CDPHE
which are used to clarify interpretation of the law, rules and regulations.
4. Enter retail food establishments during business hours and at other times during which activity is evident to
conduct inspections and other interventions related to food safety and protection of public health.
5. Review and approve Hazard analysis Critical Control Point (HACCP) plans submitted for evaluation to
verify and ensure that food handling risks are reduced to prevent foodborne illness outbreaks.
In regards to the reporting of information and other activities, the Contractor is to:
1. Report in aggregate, in a mutually agreeable format, to CPD, for a calendar year:
a. The number of inspections conducted;
b. If critical items identified on retail food establishment inspections were corrected;
c. Whether the required inspection frequency was met; and
d. The number of enforcement actions taken to obtain compliance in retail food establishments.
The required inspection frequency is dependent upon which method is used as outlined in Section 11-201
of the "Colorado Retail Food Establishment Rules and Regulations."
2. Have performance measures to assure that employees cite critical item violations on retail food inspections
and take the appropriate measures to ensure that these violations are corrected. Such performance
measures are to be developed and used by the Contractor.
3. Report to CPD the number of foodborne illness complaints received and the number of foodborne illness
outbreaks that occur. The format and frequency of the reports shall be a format and frequency mutually
agreeable to the CPD and the Contractor.
4. Have one employee, who meets the eligibility requirements, apply for retail food establishment
Standardization through the CPD.
5. Report annually, in aggregate, the frequency of inspections conducted for child care centers and indicate
whether the required inspection frequencies for each program have been met. The format of the reports
shall be a format mutually agreeable to the CPD and the Contractor.
In regards to the delegation of the "Food Protection Act' and the reporting of information, CPD will:
1. Provide statewide interpretation and technical assistance relative to the "Colorado Retail Food
Establishment Rules and Regulations" and food safety and sanitation.
2. Provide standardization to Contractor personnel.
Pagel of 2
ATTACHMENT B -1
3. Provide training seminars for retail food inspectors.
4. Provide equipment review, product review, and other services necessary to assure the uniform
interpretation and application of the rules promulgated under C.R.S. 25 -4 -16 et sea.
5. Provide the format and frequency needed to report the number of inspections conducted, if critical items
identified on retail food establishment inspections were corrected, whether the required inspection
frequencies were met, and the number of enforcement actions taken to obtain compliance in retail food
establishments. The format and frequency shall be a format and frequency mutually agreeable to the CPD
and the Contractor.
6. Provide the format and frequency needed to report the number of foodbome illness complaints received and
the number for foodborne illness outbreaks that occur. The format and frequency shall be a format and
frequency mutually agreeable to the CPD and the Contractor.
7. Provide the format and the frequency for reporting the number of inspections conducted for child care
centers and determine whether the required inspection frequencies for the program have been met. The
format and frequency shall be a format and frequency mutually agreeable to the CPD and the Contractor.
8. Disseminate information relative to food safety to local agencies, industry organizations, academia, and
others when necessary.
9. Share statewide the data collected by CPD and the Contractor relative to this document.
10. Periodically review the Contractor for compliance with responsibilities as stated herein.
Page 2 of 2
ATTACHMENT B -2
PROCEDURES FOR ADMINISTERING THE CITY /COUNTY ENVIRONMENTAL HEALTH
PROGRAM
To Task Order Contract Dated 01/23/2007- Contract Routing Number 08 FFA 00004
These provisions are to be read and interpreted in conjunction with the provisions of the Task Order Contract specified above.
Additional Programs
a. Before any local entity is approached about entering into the City/County Environmental Health
Program, the Colorado Department of Public Health and Environment, Consumer Protection Division
(CPD) will establish a list of target counties. These target counties will be selected by considering
workload, geographic proximity to direct- service work areas and available environmental health
officer funds.
b. Presentations to local entities describing the City/County Environmental Health Program will include
the benefits to the local entities, as well as the requirements of the contract, including the workload,
personnel qualifications, functions to be conducted, reporting and contract enforcement procedures.
2. Budget Procedures
CPD will be responsible for administering the budget. This administration will include the drafting and
approval of contracts, approval for payment and any- necessary cancellations or modifications. CPD will be
responsible for notifying local entities of any actions contemplated, or correspondence concerning performance.
Standards for Staffing Counties
Funding will be based on the number of required annual inspections using the Work Formula Table below. The
percentage that each county's required number of inspections represents of the total amount required for all
counties participating in the program will be determined. This will be the percentage of available legislative
appropriated funds that a county will receive for the successful completion of their required inspections.
Reimbursement will be paid on a quarterly basis.
WORK FORMULA TABLE
Program
Required Number of Inspections Per Year
Retail Food Inspection
2
Retail Food Inspections
1
Retail Food Establishment Plan Reviews
As submitted
Child Care Centers
1
Meat Samples
Once /5 years
Schools with Labs and/or Shops
1
Schools without Labs or Shops
Once /3 years
Summer Cams
1
Motels and Hotels
Upon complaint only
Mobile Home Parks
Upon complaint only
Environmental Health Officer Qualifications
a. Any governmental agency entering into a contract with the Colorado Department of Public Health and
Environment (CDPHE) must employ an individual as the lead environmental health officer who
possesses at least a BS degree in environmental health, or in a closely associated field, and at least two
years of field experience in general environmental health programs. An MPH may be substituted for
one year of field experience.
b. CDPHE will enter into contracts with entities that employ environmental health officers or technicians
without two years field experience or that do not possess a Bachelors of Science degree, if the
individual works under the direction and supervision of an environmental health officer with the
qualifications listed in 4.a. above.
Page 1 of 3
ATTACHMENT B -2
Training and Evaluation of Environmental Health Officers Performance
a. CDPHE will conduct an annual retail food sanitation seminar and an advanced food safety seminar for
the benefit of the Contractor's and other local public health agency's environmental health officers.
b. When possible, CDPHE will arrange a seminar in conjunction with the US Food and Drug
Administration's annual training course conducted in at least one area of Consumer Protection
Services.
c. All of Contractor's environmental health officers, who are eligible, will make application to become
standardized in the retail food sanitation program. Contractor's environmental health officers who are
eligible for standardization must: 1) be routinely engaged in retail food protection program work.
2) Have job responsibility for standardization of other regulatory personnel, if applicable. 3) Have
successfully completed within the preceding two (2) years at least 20 contact hours of formal training
in the application of food science and related studies such as microbiology, epidemiology, regulations,
plan review or Hazard Analysis Critical Control Point (HACCP) principles. 4) Have one or more the
following prerequisites: at least 18 months of full -time experience in Colorado retail food
establishment inspections; or at least 100 retail food establishment inspections performed with the past
three (3) years, including enforcement, training and/or consultation inspections.
d. CPD will endeavor to obtain the capability to standardize Contractor's environmental health officers in
retail food sanitation and to accompany Contractor's environmental health official representatives
approximately one (1) week each year in the field to critique performance.
e. CPD will put all of Contractor's inspectional data in connection with the work Contractor performs
under this Contract on CPD's computerized data system and will provide quarterly reports.
f. CPD will attempt to conduct a survey of the Contractor's retail food sanitation program at intervals of
once every six (6) years.
6. Required Equipment
a. The following equipment must be secured and used by the Contractor's environmental health officer
performing the inspections: thermocouple or probe -type thermometer, maximum registering
thermometer or temperature- sensitive tape(s), chemical test kits /papers, flashlight, and alcohol swabs.
b. The following equipment is optional and would be beneficial in assisting the Contractor's
environmental health officer in performing the inspections: light meter, pressure gauge, measuring
tape, time- temperature data logger, pH meter, water activity meter and camera.
7. Contract Assurance
a. CPD will utilize inspection inventories, computerized data reports, inspection records, and field
evaluations to determine contract compliance.
b. Contractor will maintain accuracy of existing inventories in Contractor's retail food sanitation program
and will confirm the same with CPD. It is the responsibility of the Contractor to notify CPD of any
inconsistencies between their inventory and the CPD computerized inventory. CPD will make certain
that all inspection reports are recorded and filed.
c. Following the first quarter of each contract year, CPD will review records showing the percentage of
contract completion for each program. Should a program accomplish less than 18% of the required
contract work, the Contractor will be notified verbally of the fact. The Contractor's will also be
informed of the deficiency in writing, and of the Department's concern relative to contract completion.
d. Following the second quarter of each contract year, CPD will review records showing the percentage
of contract completion for each program. Should a program accomplish less than 35% of the required
contract work during the first half of the contract year, the Contractor will be notified verbally of the
potential problem, followed by written notification.
e. Following the thud quarter of each contract year, CPD will again review records showing the
percentage of contract completion for each program. Should a program accomplish less than 60% of
the required contract work during the first three quarters of the contract year, the Contractor will be
notified verbally and in writing. A meeting with the Contractor will be suggested to discuss the matter.
f Following the fourth quarter of each contract year, CPD will review records showing the percentage of
contract completion for each program. Should the Contractor accomplish less than 90% of the
mandatory contract work, the Contractor will be notified verbally and in writing that reimbursement
for the final month of the current contract period will not be remitted.
Page 2 of 3
ATTACHMENT B -2
g. Any program that has not accomplished at least 60% of the required work during the first three (3)
quarters of the contract period may be offered a contract for the following year. However, the
Contractor will be notified, in writing, that CDPHE will cancel the contract after the first quarter of the
new contract period if at least 20% of the required contract work is not completed. If 20% of the
contract work is not accomplished during the first quarter, CPD will notify the Contractor in writing
that the contract will be canceled thirty (30) days following the date of the notification. If 20% of the
contract is accomplished during the first quarter, CPD will notify the Contractor in wiring that the
contract will continue on the basis of the performance criteria established the previous year. Regulated
establishments that have discontinued operations during the year will not be deemed to have been
included in the contract workload. New establishments will be considered on the basis of the date
operations began.
h. If a program that has been subject to the terms of these operational criteria the previous year fails to
accomplish at least 60% of the required contract work within the first three quarters of a second
consecutive contract period, the Contractor will be notified in writing, by CPD, that a contract will not
be offered for the next contract period.
i. Obvious failure to carry out the provisions or mandates of established laws or regulations and
interpretations thereof governing establishments regulated under the contract will also be deemed
sufficient reason for not renewing a contract.
j. The quality of work performed will be determined by CPD, utilizing service data, inspection records,
and field evaluation.
k. Should CPD find that a Contractor is not performing the Contract functions properly, the Contractor
will be notified accordingly, and appropriate field training will be scheduled. A Contractor will be
deemed to be not performing adequately if the Contractor is not documenting violations appropriately
on the inspection report form.
1. Three (3) months following field training, the performance of the Contractor's inspectional personnel
will be evaluated again. If improvement has not been made, the Contractor will be notified in writing
that performance requires improvement.
m. Six (6) months following field training, the performance of the Contractor's inspectional personnel will
be evaluated again. If improvement has not been made, CPD will notify the Contractor in writing that
the Contract will be canceled thirty (30) days following notification.
8. Billing Procedures
a. At the end of each contract quarter, the Contractor will complete the Cost Reimbursement Statement
(CRS) form, attached to this Contract at Attachment A, and submit it to CPD.
b. CPD will review the CRS for completeness and accuracy of reimbursement cost. CPD will review
office records to determine if required inspection reports have been received.
c. All inspection reports must be submitted monthly. The Contractor shall submit all inspection reports
within five (5) working days after the last day of each month for all services covered by this contract.
If the required inspection reports have not been received, the Contractor will be notified that reports
have not been received and that payment cannot be made until they have been received.
d. If the CRS is complete and reports have been received, CPD will remit payment to the Contractor.
e. Failure to submit required inspection reports for a period of three (3) consecutive months will result in
contract cancellation.
Page 3 of 3
ATTACHMENT B -3
0, COLORADO DEPAI TENT OF PUBLIC HEALTH AND ENVII 4MENT
4300 CHERRY CREEK DRIVE SOUTH
` DENVER, CO 80246 -1530
Colo- &Dgwment PHONE (303) 692 -3620 FAX (303) 753 -6809 Page one of
of Public Health
and Environment License #
ESTABLISHMENT OWNER NAME
ADDRESS ZIP CODE
COUNTY FIRM ID INSPECTOR ID DATE TRAVEL TIME INSPECT TIME TYPE
Regular
MONTH DAY YEAR Follow -up
Pre - Operational
RETAIL FOOD ESTABLISHMENT INSPECTION REPORT
Items circled below identify violations to be corrected as indicated by the regulatory authority. Failure to comply may result in further action by the regulatory authorit)
Red — Critical Items: These items related directly to foodborne illness.
a. Approved Source c. Cross - contamination
b. Wholesome, free of spoilage d. HACCP plan
Employee Health/ Hygienic Practices
a. Personnel w /infections restricted
b. Wounds properly covered
c. Hands washed as needed
d. Hvaienic practices
e. Smoking, eating, drinking
f. Demonstration of knowledge
g. Preventing food contamination
from bare hands
Temperature Control Procedures
a. Rapidly cool foods to 41 'For less d. Required cooking temperature
b. Rapidly reheat to 165' F or greater e. Cold hold at 41' For less
c. Hot hold at 135' F or greater
Temperature Control Equipment
f. Food thermometer (probe -type)
g. Adequate equipment to maintain food temperatures
Temperature
a. Manual
b. Mechanical
c. In -Place
Sanitizer: Chlorine
a. Safe water source
b. Hot & cold water under pressure
a. Adequate number, location
b. Accessible
c. Soap & drying devices available
a. Evidence of insects or rodents
b. Pesticide application
c. Animals prohibited
a. Properly stored
b. Properly labeled
c. Properly used
Concentration
Ammonium Other
c. Backflow, backsiphonage
d. Sewage disposal
ENVIRONMENTAL HEALTH SPECIALIST:
09 FOOD LABELING, FOOD PROTECTION
a. Original container, properly labeled
b. Food protected from contamination
10 EQUIPMENT DESIGN, CONSTRUCTION
a. Food - contact surfaces c. Dishwashing facilities
b. Nonfood- contact surfaces
11 TESTING DEVICES
a. Refrigeration units provided with accurate, conspicuous thermometer
b. Dishmachine provided with accurate thermometer & gauge cock
c. Chemical test kits provided, accessible
12 CLEANING OF EQUIPMENT AND UTENSILS
a. Food - contact surfaces c. Dishwashing operations
b. Nonfood - contact surfaces d. Wiping cloths
13 UTENSILS, SINGLE - SERVICE ARTICLES
a. Utensils provided, used, stored
b. Single - service articles stored, dispensed, used
c. No reuse of single - service articles
14 PHYSICAL FACILITIES
a. Plumbing: installed, maintained f. Locker rooms
b. Garbage and refuse g. Premises maintained
c. Floors, walls, ceilings h. Separation of living, laundry
d. Lighting i. Restroom facilities
e. Ventilation
1 15 OTHER OPERATIONS
a. Personnel: clean clothes, hair restraints, authorized
b. Linen properly stored
Recommended Regulatory Action(s)
Resolution(s) & Interventions
❑ I" Notification of Non - Compliance
❑ I' Compliance Warning Letter
❑ Additional Notification of Non-
❑ Additional Compliance
Compliance
Warning Letter
❑ Notice of Civil Penalty
❑ Voluntary Closure Release
❑ Final Order of Civil Penalty
❑ Embargo Release
❑ Revocation/License Suspension
❑ Compliance Agreement
On -site Regulatory Actions
❑ On -Site Training
❑ Voluntary Closure
❑ HACCP Study
❑ Embargo Notice
❑ Announced Inspection
❑ Voluntary Condemnation
❑ FDA Documented Inspection
RECEIVED BY:
Form RF001- I_revH_InspectionReport_0506 CIVCS: Yes No On -site Follow -Up: Yes No
EXHIBIT C
DEPARTMENT OR AGENCY NAME
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
(ADD PROGRAM NAME HERE)
DEPARTMENT OR AGENCY NUMBER
* **
CONTRACT ROUTING NUMBER
LIMITED AMENDMENT #*
This Limited Amendment is made this * * ** day of * * * * * * * ** 200 *, by and between the State of Colorado, acting
by and through the DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, whose address or principal
place of business is 4300 Cherry Creek Drive South Denver Colorado 80246, hereinafter referred to as the
"State "; and, LEGAL NAME OF ENTITY (legal type of entity), whose address or principal place of business is
Street Address, City. State & Zia Code, hereinafter referred to as the "Contractor ".
FACTUAL RECITALS
The parties entered into a contract dated * * * * * * ** ** * * ** with contract encumbrance number PO * **
and contract routing umber ** * ** * * * **
g ,whereby the Contractor was to provide to the State the
following:
f briefly describe what the Contractor was to do under the original contract — indent this paragraph j
[Please choose one of the following four options and then delete this heading and the other three options not
selected:[
The State promises to (choose one and delete the otherlincrease /decrease the amount of funds to be paid to the
Contractor by * * * * * * * * ** Dollars, ($ *. * *) during the current term of the Original Contract in exchange for the
promise of the Contractor to perform the fchoose one and delete the other[ increased /decreased work under the
Original Contract.
The State promises to pay the Contractor the sum of * * * * * * * * ** Dollars, $ *. ** in exchange for the promise of
the Contractor to continue to perform the work identified in the Original Contract for the renewal term of * * **
years /months, ending on * * * * * * ** ** * * * *.
The State promises to [choose one and delete the other] increase /decrease the amount of funds to be paid to the
Contractor by * * * * * * * * ** Dollars, $( *. * *) for the renewal term of * * ** fchoose one and delete the
other) years /months, ending on * * * * * * ** * *, * * * *, in exchange for the promise of the Contractor to perform the
fchoose one and delete the other) increased /decreased specifications to the Scope of Work described herein.
The State hereby exercises a "no cost" change to the [insert those that apply and delete those that don't[ budget,
specifications within the Scope of Work, project management /manager identification, notice address or
notification personnel, or performance period within the fchoose one and delete the othericurrent term of the
Original Contract or renewal term of the Original Contract.
NOW THEREFORE, in consideration of their mutual promises to each other, stated below, the parties hereto agree
as follows:
Consideration for this Limited Amendment to the Original Contract consists of the payments and services
that shall be made pursuant to this Limited Amendment, and promises and agreements herein set forth.
2. It is expressly agreed to by the parties that this Limited Amendment is supplemental to the original
Page 1 of 4
W
contract, contract routing number ** * ** * * * * *, [insert the following language here if previous
amendment(s), change order(s), renewal(s) have been processedlas amended by [include all previous
amendment(s), change order(s), renewal(s) and their routing numbers], [insert the following word
here if previous amendment(s), change order(s), renewal(s) have been processed collectively referred
to herein as the Original Contract, which is by this reference incorporated herein. All terms, conditions,
and provisions thereof, unless specifically modified herein, are to apply to this Limited Amendment as
though they were expressly rewritten, incorporated, and included herein.
3. It is expressly agreed to by the parties that the Original Contract is and shall be modified, altered, and
changed in the following respects only:
A. [Use this paragraph when changes to the funding level of the Original Contract occur
during the current term of the Original ContraetlThis Limited Amendment is issued pursuant
to paragraph *_ * *. of the Original Contract identified by contract routing number ** * ** * * * **
This Limited Amendment is for the current term of * * * * * * * ** ** * * * *, through and including
* * * * * * * ** ** * * * *. The maximum amount payable by the State for the work to be performed by
the Contractor during this current term is [choose one and delete the
other] increased /decreased by * * * * * * * * ** Dollars, $( *. * *) for an amended total financial
obligation of the State of * * * * * * * * ** DOLLARS, $( *.* *). ldelete any portion of this sentence
that is not applicabielThe revised specifications to the original Scope of Work and the revised
Budget, if any, are incorporated herein by this reference and identified as "Attachment *" and
"Attachment * ". The first sentence in paragraph *_ * *. of the Original Contract is modified
accordingly. All other terms and conditions of the Original Contract are reaffirmed.
A. [Use this paragraph when the Original Contract will be renewed for another term]This
Limited Amendment is issued pursuant to paragraph *_ * *. of the Original Contract identified by
contract routing number ** * ** * * * * *. This Limited Amendment is for the renewal term of
through. and including ** * * **
g , g The maximum amount payable
by the State for the work to be performed by the Contractor during this renewal term is
* * * * * * * * **
Dollars, $( *. * *) for an amended total financial obligation of the State of * * * * * * * * **
DOLLARS, ($ *. * *). This is an [choose one and delete the other] increase /decrease of
* * * * * * * * ** Dollars, ($ *. * *) of the amount payable from the previous term. [delete any portion
of this sentence that is not appiicablelThe revised specifications to the original Scope of Work
and revised Budget, if any, for this renewal term are incorporated herein by this reference and
identified as "Attachment *" and "Attachment * ". The first sentence in paragraph *_ *. of the
Original Contract is modified accordingly. All other terms and conditions of the Original Contract
are reaffirmed.
A. [Use this paragraph when there are "no cost changes" to the Budget, the specifications
within the original Scope of Work, allowable contract provisions as noted, or performance
period.]This Limited Amendment is issued pursuant to paragraph *_ * *. of the Original Contract
identified by contract routing number ** * ** * * * * *. This Limited Amendment [choose those
that apply and delete those that don't]modifies the Budget in [identify location in contract],
modifies the specifications to the Scope of Work in [identify location in contract], modifies
the project management/manager identification in [identify location in contract], modifies
the notice address or notification personnel in [identify location in contract], modifies the
period of performance in [identify location in contract] of the Original Contract. The revised
[choose those that apply and delete those that don't]Budget, specifications to the original
Scope of Work, project management/manager identification, notice address or notification
personnel, or period of performance is incorporated herein by this reference and identified as
"Attachment * ". All other terms and conditions of the Original Contract are reaffirmed.
4. The effective date of this Amendment is date, or upon approval of the State Controller, or an authorized
delegate thereof, whichever is later.
5. Except for the General Provisions and Special Provisions of the Original Contract, in the event of any
Page 2 of 4
EXHIBIT C
conflict, inconsistency, variance, or contradiction between the terms and provisions of this Amendment and
any of the terms and provisions of the Original Contract, the terms and provisions of this Amendment shall
in all respects supersede, govern, and control. The Special Provisions shall always control over other
provisions of the Original Contract or any subsequent amendments thereto. The representations in the
Special Provisions to the Original Contract concerning the absence of personal interest of state of Colorado
employees is presently reaffirmed.
FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFTER THE CURRENT FISCAL YEAR
ARE CONTINGENT UPON FUNDS FOR THAT PURPOSE BEING APPROPRIATED, BUDGETED,
AND OTHERWISE MADE AVAILABLE.
Page 3 of 4
IN WITNESS WHEREOF, the parties hereto have executed this Form Amendment on the day first above written.
CONTRACTOR:
[LEGAL NAME OF CONTRACTOR]
(legal type of entity)
By:
Name:
Title:
FEIN:
ATTEST:
If the Contractor is a corporation
or governmental entity, then an attestation
is required.
By:
(Seal, if available.)
City, City and County, County,
Special District, or Town Clerk or Equivalent
Corporate Secretary or Equivalent
[Delete inapplicable language. ]
STATE:
STATE OF COLORADO
Bill Ritter, Jr. Governor
By:
For the Executive Director
DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT
PROGRAM APPROVAL:
By:
ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER
CRS 24 -30 -202 requires that the State Controller approve all state contracts. This limited amendment is not
valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not
authorized to begin performance until the contract is signed and dated below. If performance begins prior to
the date below, the State of Colorado may not be obligated to pay for goods and /or services provided.
By:
Date:
Form: LAT 7- 1 -04GN
STATE CONTROLLER
Leslie M. Shenefelt
Page 4 of 4
