No preview available
HomeMy WebLinkAboutC09-174 Community Consumer Protection Services (Rtng#10-00011)1 ' DEPARTMENT OR AGENCY NAME COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Consumer Protection Division DEPARTMENT OR AGENCY NUMBER FFA CONTRACT ROUTING NUMBER 10 -00011 CONTRACT AMENDMENT #1 THIS AMENDMENT, made this 20th day of April, 2009, by and between the State of Colorado for the use and benefit of 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 Authority exists in the Law and Funds have been budgeted, appropriated, and otherwise made available and a sufficient unencumbered balance thereof remains available for payment; and Required approval, clearance, and coordination has been accomplished from and with all appropriate agencies; and The parties entered into a contract dated April 23, 2007, with contract encumbrance number PO FFA CPD08000041 and contract routing number 08 FFA 00004, 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 purpose for this amendment is described below. To incorporate a new provision to the General Provisions of the Original Task Order Contract, concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system; To incorporate a new provision to the General Provisions of the Original Task Order Contract, concerning the option to increase or decrease quantities and total price with an option letter; To incorporate modifications to Exhibit B, Attachment B -2 and Attachment B -3.. Page 1 of 4 NOW THEREFORE, it is hereby agreed that C9 Consideration for this amendment to the original contract, 08 FFA 00004; PO FFA CPD0800004, dated A ril 23 2007 consists of the payments which shall be made pursuant to this amendment and the promises and agreements herein set forth. It is expressly agreed to by the parties that this Amendment is supplemental to the original contract, contract routing number 08 FFA 00004, as amended by Limited Amendment for Task Orders #1, contract routing number 09 FFA 00007 collectively referred to herein as the Original Task Order Contract, which is by this reference incorporated herein. All terms, conditions, and provisions thereof, unless specifically modified herein, are to apply to this Amendment as though they were expressly rewritten, incorporated, and included herein. 3. It is agreed the original task order contract is and shall be modified, altered, and changed in the following respects only: A. The General Provisions of the Original Task Order Contract are hereby modified to incorporate the following language: By entering into this Contract, Contractor agrees to be governed, and to abide, by the provisions of CRS §24- 102 -205, §24 -102 -206, §24 -103 -601, §24- 103.5 -101 and §24- 105 -102 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system. Contractor's performance shall be evaluated in accordance with the terms and conditions of this Contract, State law, including CRS §24- 103.5 -101, and State Fiscal Rules, Policies and Guidance. Evaluation of Contractor's performance shall be part of the normal contract administration process and Contractor's performance will be systematically recorded in the statewide Contract Management System. Areas of review shall include, but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Contractor's obligations under this Contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of the Statement of Project of this Contract. Such performance information shall be entered into the statewide Contract Management System at intervals established in the Statement of Project and a final review and rating shall be rendered within '30 days of the end of the Contract term. Contractor shall be notified following each performance and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance evaluation determine that Contractor demonstrated a gross failure to meet the performance measures established under the Statement of Project, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Colorado Department of Public Health and Environment, and showing of good cause, may debar Contractor and prohibit Contractor from bidding on future contracts. Contractor may contest the final evaluation and result by: (i) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS §24- 105- 102(6)), or (ii) under CRS §24- 105 - 102(6), exercising the debarment protest and appeal rights provided in CRS § §24 -109 -106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Contractor, by the Executive Director, upon showing of good cause. Page 2 of 4 J B. The General Provisions of the Original Task Order Contract are hereby modified to incorporate the following language: The State may increase or decrease the quantity of goods /services described in Exhibit B, Attachment B -1 and Attachment B -2, based upon the rates established in the Contract. If the State exercises the option, it shall provide written notice to Contractor at least 30 days prior to the end of the current contract term in a form substantially equivalent to Exhibit D, which is incorporated herein by this reference. Delivery/performance of the goods /service shall continue at the same rates and terms. If the State exercises this option to increase, the provisions of the Option Letter shall become part of and be incorporated into the Original Task Order Contract. C. Exhibit B of the Original Task Order Contract is hereby modified as follows: Section 2.a., "or according to a risk assessment protocol established by the State;" is added after "establishments ". Section 4., is replaced in its entirety with the following, "The Contractor shall input all completed inspection reports in the Digital Health Department provided by the Consumer Protection Division within five (5) working days after the last day of each month for all services covered by this contract." D. Attachment B -2 of the Original Task Order Contract is hereby modified as follows: Section 3., Work Formula Table, "Program" column," Retail Food Inspection" line, the required number of inspections per year of "2" is modified by adding "or a frequency determined by risk." Section 3, Work Formula Table, "Program" column, "Retail Food Inspections" line is deleted in its entirety. Section 7.b. is replaced in its entirety with the following, "Contractor will maintain accuracy of its existing inventory in the Digital Health Department provided by the Consumer Protection Division." Section 8.c. is replaced in its entirety with the following, "The Contractor shall input all inspection reports in the Digital Health Department within five (5) working days after the last day of each month for all services covered by this contract." E. Attachment B -3 of the Original Task Order Contract is deleted in its entirety. 4. The effective date of this amendment is upon approval of the State Controller or July 1, 2009, whichever is later. 5. Except for the "Special Provisions ", in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this amendment and any of the provisions of the original contract, the provisions of this amendment shall in all respects supersede, govern, and control. The "Special Provisions" shall always be controlling over other provisions in the contract or amendments. The representations in the Special Provisions concerning the absence of bribery or corrupt influences and personal interest of State employees 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 3 of 4 IN WITNESS WHEREOF, the parties hereto have executed this 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: Name Title: .ETA -A 1r_ .i ZI�(M (`6 { 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. STATE CONTROLLER David J. McDermott, CPA By: ❑Kevin Edwards ❑Yvonne Anderson ❑Robert Jaros ❑Donald Rieck Date: Page 4 of 4 ., EXHIBIT D SAMPLE OPTION LETTER Date: State Fiscal Year: Option Letter No. CLIN Routing # 1) OPTIONS: Choose only one of the options listed below in section 2 and delete the rest. a. Option to renew only (for an additional term) b. Change in the amount of goods within current term c. Change in amount of goods in conjunction with renewal for additional term d. Level of service change within current term e. Level of service change in conjunction with renewal for additional term f. Option to initiate next phase in a contract 2) REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below: a. For use with Options 1(a -e): In accordance with Section(s) of the Original Contract routing number between the State of Colorado, Insert Name of Department or Higher Ed Institution , and Contractor's Name, the State hereby exercises its option for an additional term beginning Insert start date and ending on Insert ending date at a cost/price specified in Section , AND /OR an increase /decrease in the amount of goods /services at the same rate(s) as specified in Identify the Section, Schedule, Attachment, Exhibit etc. b. For use with Option 1(f), please use the following: In accordance with Section(s) of the Original Contract routing number between the State of Colorado, Insert Name of Department or Higher Ed Institution , and Contractor's Name, the State hereby exercises its option to initiate Phase indicate which Phase: 2, 3, 4, etc for the term beginning Insert start date and ending on Insert ending date at the cost/price specified in Section c. For use with all Options 1(a -f): The amount of the current Fiscal Year contract value is increased /decreased by $ amount of change to a new contract value of Insert New $ Amt to as consideration for services /goods ordered under the contract for the current fiscal year indicate Fiscal Year. The first sentence in Section is hereby modified accordingly. The total contract value including all previous amendments, option letters, etc. is Insert New $ Amt. 3) Effective Date. The effective date of this Option Letter is upon approval of the State Controller or whichever is later. STATE OF COLORADO Bill Ritter, Jr. GOVERNOR PROGRAM APPROVAL Department of Public Health and Environment By: By: Lisa Ellis, Purchasing and Contracts Director Date: ALL GRANTS REOURZE APPROVAL BY THE STATE CONTROLLER CRS §24 -30 -202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contractor for such performance or for any goods and /or services provided hereunder. STATE CONTROLLER David J. McDermott, CPA By: Donald Rieck Date: Page 1 of 1 Revised 7/21/2008 r TERM SHEET 4C,_-- 1) Requested hearing date: une 2 2009 This contract is to perform Consumer Protecti ealth inspections) from July 1, 2009 through June 30, 2010 on behalf of the Colorado Department of Public Health & Environment's (CDPHE), Consumer Protection Division for $25,986.39. 2) For County Manager signature: N/A 3) Requesting department: Environmental Health 4) Title: Contract Amendment #1 Eagle County and the Colorado Department of Public Health & Environment for the provision of Consumer Protection Services. 5) Check one: Consent: XX On the Record: 6) Staff submitting: Ray Merry 7) Purpose: To conduct consumer protection services primarily involving health inspections of restaurants, child care facilities and schools locally in return for $25,986.39 plus our share of licensing fees associated with that program. 8) Schedule: The contract follows the state's fiscal year — July 1, 2009 to June 30, 2010. 9) Financial considerations: We receive $25,986.39 and about the same amount in local license fees. 10) Other: By: Eagle a Attorney's office By:_ y Eagle County Commissioners' office