HomeMy WebLinkAboutC13-182 Consumer Protection 14-55418t
DEPARTMENT OR AGENCY NAME
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
DIVISION OF ENVIRONMENTAL HEALTH AND SUSTAINABILTTY
DEPARTMENT OR AGENCY NUMBER
FFA
CONTRACT ROUTING NUMBER
14 -55418
CONTRACT AMENDMENT #1
This Contract Amendment is made this 12 day of April, 2013, 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 Colorado),
whose address or principal place of business is 500 Broadway, Easle, CO 81631, hereinafter referred to as the
"Contractor".
FACTUAL RECITALS
The parties entered into a contract dated May 21, 2012, with contract encumbrance number PO FFA
EHS13044826, and contract routing number 13 FFA 44826, whereby the Contractor was to provide to the State the
following:
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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; respond to environmental health emergencies in its service area;
and complete reasonable request by the State to provide assistance in various program
activities.
The State promises to increase the amount of funds to be paid to the Contractor by Thirty -Five Thousand and
no /100 Dollars, ($35,000.00) for the renewal term of twelve (12) months, ending on June 30, 2014, in exchange
for the promise of the Contractor to perform the increased specifications to the Scope of Work described herein.
NOW THEREFORE, in consideration of their mutual promises to each other, stated below, the parties hereto agree
as follows:
1. Consideration for this Contract Amendment to the Original Contract consists of the payments and services
that shall be made pursuant to this Contract Amendment, and promises and agreements herein set forth.
It is expressly agreed to by the parties that this Contract Amendment is supplemental to the original
contract, contract routing number 13 FFA 44826, 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 Contract Amendment as though they were expressly
rewritten, incorporated, and included herein.
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. This Contract Amendment is issued pursuant to paragraph 16 of the Original Contract identified by
contract routing number 13 FFA 44826. This Contract Amendment is for the renewal term of July 1,
2013, through and including June 30, 2014. The maximum amount payable by the State for the work
Page 1 of 4 Rev 03/16/2010
to be performed by the Contractor during this renewal term is Thirty -Five Thousand and no /100
Dollars, ($35,000.00) for an amended total financial obligation of the State of SIXTY THOUSAND
NINE HUNDRED EIGHTY -SIX AND 39/100, ($60,986.39). This is an increase of Thirty -Five
Thousand and no /100 Dollars, ($35,000.00) of the amount payable from the previous term. The
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 "Exhibit E" and "Exhibit F ".
The Original Contract is modified accordingly. All other terms and conditions of the Original Contract are
reaffirmed.
4. The effective date of this Contract Amendment is July 1, 2013, 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
conflict, inconsistency, variance, or contradiction between the terms and provisions of this Contract
Amendment and any of the terms and provisions of the Original Contract, the terms and provisions of this
Contract 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.
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.
21
Page 2 of 4 Rev 03/16/2010
IN WITNESS WHEREOF, the parties hereto have executed this Contract 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:
THE BOARD COUNTY COMMISSIONERS OF
EAGLE COUNTY
(A political subdivision of Colorado)
Ila--o h—fnk-,-
Signatur of Authorized Officer
Print Name of Authorized Officer
Print Title of Authorized Officer
STATE:
STATE OF COLORADO
John W. Hickenlooper, Governor
By:
For the Executive Director
DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT
PROGRAM APPROVAL:
By: -L :�
ALL CONTRACTS MUST BE APPROVED 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:
Date: 7-17-13
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Page 4 of 4 Rev 03/16/2010
I
STATEMENT OF WORK
To Intergovenment Agreement Dated 05/21/12 - Contract Routing Number 13 FFA 44826 - Contract Amendment
Routing Number 14 FFA 55418
These provisions are to be read and interpreted in conjunction with the provisions of the Contract specified above.
1. Project. Description:
The 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, as defined by the State, in its service area; and complete reasonable requests by the State to
provide assistance in various program activities. The Contractor shall provide these services in accordance
with the delegation of responsibilities under the `'Tood Protection Act" C.R.S. 25- 4- 1604(a),(c),(d),(e) and (h).
II. Performance Requirements/Deliverables:
From July 1 through June 30 of each year of the Contract, the Contractor shall complete the following
activities in its service area:
a) Grant or refuse licenses and certificates of licenses pursuant to C.R.S. 25 -4 -1606, utilize enforcement
provisions including the assessment of civil penalties pursuant to C.R.S. 25-4 -1611 and the suspension or
revocation of licenses and certificates of license pursuant to C.R.S. 25-4 -1609.
b) 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.
c) Use and require compliance with the "Food Protection Act ", C.R.S. 25 -4 -16 et seg, the "Colorado Retail
Food Establishment Rules and Regulations," 6 CCR 1010 -2, and all other documents issued by the
Colorado Department of Public Health and Environment (CDPHE) which are used to clarify
interpretation of the law, rules and regulations.
d) 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.
e) 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.
f) Conduct, at a minimum, the following activities in the Contractor's service area:
1) Two (2) inspections, when required, for all retail food establishments or on a risk based
inspection frequency.
2) One (1) inspection of all schools that contain a laboratory or shop.
3) One (1) inspection of each child care center or on a risk based inspection frequency.
4) . One (1) inspection of each summer camp.
5) 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.
6) Review all submitted plans in a timely manner.
7) One (1) inspection of all schools that do not contain a laboratory or shop at least once every
three (3) years.
g) The Contractor's environmental health officer shall secure and use the following equipment for the
purpose of performing inspections:
1) Thermocouple or probe -type thermometer;
2) Maximum registering thermometer or temperature - sensitive tape(s);
3) Chemical test kits /papers;
4) Flashlight; and
5) Alcohol swabs.
Page 1 of 3
Exhibit B- Statement of Work
V 1/MAR2012
Ls
h) Maintain adequate records in the Digital Health Department (DHD) computerized system in order for the
'Division of Environmental Health and Sustainability (DENS) to determine:
1) The number of inspections conducted.
2) Whether critical items identified on retail food establishment inspections were corrected.
3) Whether the required inspection frequency was met; and
4) The number of enforcement actions taken to obtain compliance in retail food establishments.
5) The frequency of inspections conducted for child care centers and indicate whether the required
inspection frequencies for each program have been met.
ij. 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.
j) Report to DENS the number of foodborne illness complaints received and the number of foodbome
illness outbreaks that occur. The format and frequency of the reports shall be a format and frequency
mutually agreeable to the DENS and the Contractor.
k) Have one employee who meets the eligibility requirements, apply for retail food establishment
standardization through the DEHS and have this applicant participate in the standardization exercise
when scheduled by DEHS.
1) Maintain accuracy of existing firm information in Contractor's inventories in the DHD.
m) At the end of each contract quarter, Contractor will complete the CDPHE Standard Invoice Form, and
submit it to DEHS.
n) Identify program obstacles and develop and implement State approved changes in methods and strategies
to overcome obstacles.
o) Develop State approved intervention methods for highest risk establishments to minimize foodbome
illness violations and to address critical item violations.
p) Implement approved methods /strategies at highest risk establishments which are designed to affect the
occurrences of foodbome illness and critical violations.
q) Using the Digital Health Department, track completion rates of required inspections and interventions.
r) Evaluate Digital Health Department data to establish current baseline of foodbome illness and critical
item violations, evaluate and report intervention methods and measurable outcomes (increase /decrease in
foodborne illness or critical item violations), and report completion rate;
s) Submit a progress report on items H. n) through H. r) above to the State in a written summary annually by
January 16 and June 15.
t) Utilize a risked based inspection approach for the retail food program and perform, at a minimum, 80% of
the total number of scheduled inspections /interventions in a State fiscal year. Failure to complete the
required number of inspections /interventions may result in one - twelfth (1/12) of the annual value of the
Contract not being paid to Contractor. Should Contractor have extenuating circumstances compelling
Contractor to not complete the required 80% or greater of required number of retail food
inspections /interventions, Contractor shall notify State in writing of the extenuating circumstances and
State shall determine if extenuating circumstances are sufficient to waive withholding of payment of 1/12
of the annual value of the Contract to Contractor. State shall notify Contractor of such decision in
writing.
M. Personnel:
a. To perform these contractual services, Contractor 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. A Masters of Public
Health degree may be substituted for one year of field experience.
b. Contractor may employ an environmental health officer or technician without two years field experience
or an individual who does not possess a Bachelor of Science degree if the individual is supervised by an
environmental health officer with the qualifications listed above in III a.
IV. Monitoring:
CDPHE's monitoring of this contract for compliance with performance requirements will be conducted
throughout the contract period by the Assistant Director of DEHS. Methods used will include review of
documentation reflective of performance to include progress reports, inspection inventories, inspection
Page 2 of 3
Exhibit B- Statement of Work
V 1/MAR2012
EXMIT E
reports, site visits, electronic data and joint inspections. The Contractor's performance will be evaluated at set
intervals and communicated to the Contractor. A Final Contractor Performance Evaluation will be conducted
at the end of the life of the contract.
V. Resolution of Non - Compliance:
The Contractor will be notified by telephone and email within 15 calendar days of discovery of a compliance
issue. Within 30 calendar days of discovery, the Contractor and the State will collaborate, when appropriate,
to determine the action(s) necessary to rectify the compliance issue and determine when the action(s) must be
competed. The action(s) and time line for completion will be documented by email or mail and agreed to by
both parties. If extenuating circumstances arise that requires an extension to the time line, the Contractor
must email a request to the Division Assistant Director and receive approval for a new due date. The State
will oversee the completion/implementation of the action(s) to ensure time lines are met and the issue(s) is
resolved. If the Contractor demonstrates inaction or disregard for the agreed upon compliance resolution plan,
the State may exercise its rights under the Remedies section of the General Provisions of this contract.
Page 3 of 3
Exhibit B, Statement of Work
V UMAR2012
21, b a
g+ g +
BUDGET
To Intergovenment Agreement Dated 05/21/12 - Contract Routing Number 13 FFA 44826 - Contract Amendment
Routing Number. 14 FFA 55418
These provisions are to be read and interpreted in conjunction with the provisions of the Contract specified above.
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 Thirty -Five Thousand and no /100 Dollars ($35,000.00) in four equal amounts as follows:
$8,750.00 on September 30;
$8;750.00 on December 31;
$8.750.00 on March 31: and
$8,750.00on June 30.
Should less than 80% of the contract work be completed in the contract year, one twelfth (1/12) of the annual contract remittance will not
be paid to the Contractor in the June 30 payment.
Page 1 of 1
Exhibit B- Statement of Work
V IAYLU 2012
