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HomeMy WebLinkAboutC17-231 Colorado Department of Public Health and Environment Retail FoodDEPARTMENT OR NAME DEPAA-OR AUMICI N ViTIBEK FAAA 18 FEFA 101595 To Original Task Order Routing Number 17 FEFA 90634 1 ' • • • throughl: " 1 . , x : �, -! ` l whose ad o principal p� o f �, 1I �-South,Denver,Colorado 80246, o EAGLE LTH DEPARTMENT whose address or principal place of business is PO Box 179 ia 'hereinafter - • to as the a FACTUAL RECITALS The parties entered into a Master Contract dated January 17, 2012, with contract routing number 13 FAA 00016. Pursuant to the terms and conditions of the Master Contract the parties entered into a Task Order Contract dated .July 1, 2016, and task order contract routing number 17 FEFA 90634, hereafter referred to as the "Original Task Order Contract", whereby the Contractor was to provide to the State the following: Provide environmental health services to achieve the uniform statewide administration, implementation and enforcement of standards and rules established by the CDPHE for retail food establishments. Changes were required to extend for an additional term. The State promises to pay thm Contractor the sum of Zero Dollars, $t 0.00) for the renewal term f twelve (12) months, ending on June 30, 2018, inixchange for the promise of the Contractor to perforthe specifics ions to the work described herein. NOW THEREFORE, in consideration of their mutual promises to each other, stated below, the parties hereto agree as follows: I . Consideration fort is Contract Amendment to the Original Task Order Contract consists of the payments and services that shall be made pursuant to this Contract Amendment, and promises and agreements herein set forth. 2. It is expressly agreed to by the parties that this Contract Amendment is supplemental to the Original Task Order Contract, contract routing number 17 FEFA 90634,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 Contract 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: This Contract Amendment is issued pursuant to paragraph S of the Original Task Order Contract. This Contract Amendment is for the renewal term of July 1.2017, through and including June 30, 2018. The maximum amount Page 1 of 4 Contract AMD Task Order Eagle.docx C17-231 44h�rq. C3M.00) The modified specifications to the Scope of Work are incorporated herein by this reference and identified as Exhibit C. Task Order Contract are reaffirmed. The Effective Date of this Contract Amendment is July 1, 2017, or upon approval of the State Controller, or an authorized delegate thereof, whichever is later. Except for the General Provisions and Special Provisions of the Original Task Order 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 Task Order 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 Task Order Contract or any subsequent amendments thereto. The representations in the Special Provisions to the Original Task Order Contract concerning the absence of personal interest of state of Colorado employees are presently reaffirmed. 6. FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFTER THE CURRENT FISCAL YEAR AFH CONTINGENT UPON FUNDS FOR THAT PURPOSE BEING APPROPRIATED, BUDGETED, AND OTHERWISE MADE AVAILABLE. Page 2 of 4 Contract AMD Task Order Eagle.docx SIGNATURE PAGE Contract Routing Number. 18 FEFA 101595 THE PARTIES HERETO HAVE EXECUTED THIS TASK ORDER AMENDMENT Each person signing this Task Order Amendment represents and wan -ants that he or she is duly authorized to execute this Task Order Amendment and to bind the party authorizing his or her signature. CONTRACTOR STATE OF COLORADO Eagle County Health Department John W. Hickenlooper, Governor a political sub -division Z L.t.►,VUP. &6�) Print Name of Authorized Individual 614,4#1- Prin le uthorize I t al S' nature of Authorized In ' tdual I �i Al 7 to PROGRAM APPROVAL Colorado Department of Public Health and Environment Jeff Lawrence DEivision Director By: gn re 0ni d CDPHE Program Approver Date Colorado Department of Public Health and Environment Larry Wolk, MD, MSPH, Executive Director and � Chief Medical Officer By: I Y l Lisa McGovern Purchasing and Contracting Section Director, CDPHE Date LEGAL REVIEW Cynthia H. Coffman, Attorney General By: �LA Signature — Senior As istant Attorney General Date In accordance with §24-30-202 C.R.S., this Task Order Amendment is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER /7ert Jaros, A, MBA, JD By: Name of Agency Delegate - Effective Date: OWI Page 3 of 4 Contract AMD Task Order Eagle.docx Page 4 of 4 Contract AMD Task Order Eagle.docx STATEMENT OF WORK To Task Order Contract Dated 07/01/2016 CMS Task Order Routing Number 18 FEFA 101595 1. Project Description: Local public health agencies are essential to the provision of quality and comprehensive public health services throughout the state and are critical partners with the Colorado Department of Public Health and Environment in maintaining a strong public health system. Each local public health agency shall ensure the provision of Core Public Health Services within their jurisdiction. The scope of the provision of each Core Public Health Service is determined at the local level, and may differ across agencies based on community needs, priorities, funding and capacity. H. Definitions: CDPHE: Colora••Dy, of Public Health and Environment DEHS: Division of Environmental Health and Sustainability HACCP: Hazard Analysis Critical Control Points VNRFPS: Voluntary National Retail Food Regulatory Program Standards U1. Work Plan A. DEHS —Retail Food Goal #1: Provide environmental health services to achieve the uniform statewide administration, implementation and enforcement of standards and rules established by the CDPHE for retail food establishments. Objective #1: The Contractor shall ensure compliance with the Food Protection Act, the Colorado Retail Food Establishment Rules and Regulations and all other policies, regulations, interpretive memoranda, and documents issued by DEHS which are used to clarify interpretation and implementation of the laws, rules and regulations. The Contractor shall conduct regulatory inspections of retail food establishments in accordance Primary Activity #1 with state laws, regulation and standards. 1. The Contractor shall implement the State risk-based inspection methodology or an alternate risk-based 1methodology approved by the State. In order to be approved, alternate methodologies shall include implementation of State -approved intervention methods for highest risk establishments to minimize food-bome illness violations and to address critical item violations. 2. The Contractor shat conduct interventions for those retail food establishments that, Sub -Activities #1 through ata, are identified as having a large number of food -borne illness Osk En factors.) is considered a routine inspection and can include onsite training, announced inspection, or a HACCP based critical item inspection. 3. The Contractor shall enter inspection, intervention and compliance data into the State's digital database or the Contractor's digital database no later than five working days after the last day of each month, Primary Activity #2 The Contractor shall uniformly implement and administer the Food Protection Act. 1. The Contractor shall issue new and renewal licenses and certificates of license using the State's digital database or Contractor -specific data system(s), and remit the State's $43.00 portion of applicable licensing fee to DEHS upon receipt of payment. Sub -Activities #2 2. The Contractor shall respond to any plans and specifications or HACCP plans submitted within 14 days. The Contractor HACCI by food a. shall review and approve plans submitted retail establishments to verify and ensure that food handling risks are reduced to prevent food-bome illness outbreaks. Page I of 4 Exhibit C — Statement of Work EXHIBIT C b. The Contractor shall review all submitted plans for new or extensively remodeled retail food establishments. c. If a HACCP plan or other plan or specification is deemed inadequate, the Contractor shall provide written response to the submitter with a statement describing how such deficiencies may be corrected. 3. The Contractor shall 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. 4. The Contractor shall review all variance requests submitted by retail food establishments and provide a recommendation for approval or denial to be considered by CDPHE. 5. The Contractor shall enroll and maintain progress in the FDA's VNRFPS as staffing resources allow. VNRFPS information is available on the following web site: http://www.fda.gov/Food/GuidanceRegulation/RetailFoodProtection/ProgramStandards/ default.htm. Progress will include: a. Participation in statewide committees for the development of the State requirements for a particular standard. b. Demonstration of advancement toward compliance with VNRFPS standard number 2 ensuring retail food inspectors meet national criteria for appropriate training and education to adequately perform required inspections and interventions. c. Demonstration of advancement toward compliance with VNRFPS standard number 3 ensuring inspection focus on critical item risk factors, the correction of documented deficiencies, and ensuring the focus of inspections on the highest risk establishments. d. Coordination with the department to facilitate DEHS audits of compliance audits performed as part of VNRFPS. e. Coordination with the department to conduct audits of DEHS for compliance with VNRFPS. 6. The Contractor shall use the State inspection form, or a form approved by the State, and mark the compliance status options for all critical violations as in compliance (In), out of compliana (Out), not applicable (NA), or not observed (NO) during each inspection. 7. The Contactor shall participate in individual and statewide trainings offerediby DEHS for the retail food program or supporting data system(s). 8. The Contactor shall participate in the State's data standardization efforts. I. The Contractor shall ensure compliance with the Food Protection Act, C.R.S. 25-4-1601, et.seq. This document is incorporated and made part of this contract by reference and is available on the following website http://www.lexisnexis.com/hottopics/Colorado 2. The Contactor shall ensure compliance with the Colorado State Board of Halth Rules 6 CCR 101 0-2. These documents are incorporated and made part of this cont , t by referenceland is available on the following website hqp:!/www.sos.state.co.usiCCR/KeyffordSearch.do 3. The Contractor shall complete retail food inspections at a sufficient rate to protect public Standards and health and maintain a consistent presence in the community (i.e. approximately 25% of Requirements annually required inspections completed per quarter). a. If extenuating circumstances, cause the contractor to complete less than 25% of the annually -required number of inspections in a quarter, the Contractor shall notify the State in writing of the extenuating circumstances. b. When the Contractor lacks program budget to provide a staffing level of one full- time equivalent (FTE) devoted to retail food safety for every 320 inspections to be performed, the Contractor shall include such information in their written notification to the State. The Contractor shall use Standard 8 from the 2013 VNRFPS as the basis for calculations in support of this justification. (FTE requirements calculated in accordance with Standard 8 may be compared with funding provided through retail Page 2 of 4 Exhibit C — Statement of Work M Page 3 of 4 Exhibit C — Statement of Work food license revenues and local staffing costs when justifying proportionally appropriate work completion) c. The Contractor shall ensure all licensing fees collected are directed towards retail food program activities. 4. The Contractor shall have at least one employee that has successfully completed retail food establishment standardization through the DEHS, or have one employee who meets the eligibility requirements (including compliance with VNRFPS standard number 2) for standardization and participates in and successfully completes the standardization exercise when scheduled by DEHS. S. If the Contractor chooses to communicate inspection results to the public, the Contractor shall utilize the State -approved methodology. 6. The Contractor shall maintain inspection and compliance records for retail food establishments in a digital database in order for DEHS to determine: a. An accurate and complete inventory of existing retail food establishments; b. The number of inspections conducted; c. Completion rates for required inspections and interventions; d. The number of food -borne illness and critical item violations cited; e. Whether food -borne illness and critical items identified on retail food establishment inspections were corrected; f Whether the required inspection frequency was met; and g. The number of enforcement actions taken to obtain compliance in retail food establishments. Expected Results of Complete inspections and assure regulatory compliance in retail food establishments in Activity(s) proportion with the revenue generated from retail food license fees established by the State. 1. The number of retail food inspections required to be completed by the Contractor during the State fiscal year (based on the State's risk-based inspection scheduling methods or an Measurement of Expected alternate risk-based methodology approved by the State), and the number of inspections Results actually completed; 2. The number of food -borne illness and critical item violations cited during retail food inspections, and 3. The number of these violations that were corrected; Completion Date 1. The Contractor shall submit semi-annual progress reports via No later than email to the Deputy Director of DEHS in a format provided by January 31 DEHS. June 20 No later than 2. If not using the State's digital database, the Contractor shall October 31 submit via email to the Deputy Director of DEHS an electronic January 31 data transfer (EDT) at a minimum of each quarter in accordance Defiverables with data standardization work protocol. April 30 June 20 3. If not using the State's digital database, the Contractor shall submit a quarterly inspection and compliance progress summary, No later than in a format provided by DEHS via email to the Deputy Director October 31 of DEHS. January 31 Quarterly reporting may be provided using the Contractor's data April 30 system reporting capabilities (i.e. the Contractor can submit "canned" *al'i June 20 reports with some or data elements). Page 3 of 4 Exhibit C — Statement of Work Ed contract period by the Deputy Director of DEHS. Methods used will include a review of documentation determined by CDPHE to be reflective of performance to include progress reports, inspection inventories, inspection reports, site visits, electronic data and joint inspections and other fiscal and programmatic documentation as applicable. The Contractor's performance will be evaluated at set intervals and communicated to the contractor. A Final Contractor Performance Ev;luation will be condi L The Contractor will be notified in writing within fifteen (15) calendar days of discovery of a compliance issue. Within thirty (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 completed. The action(s) and time line for completion will be documented in writing 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 Deptity Director- of DENS 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 provisions of this contract. Page 4 of 4 Exhibit C — Statement of Work