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HomeMy WebLinkAboutC18-132 Colorado Department of Public Health and EnvironmentDEP ARTNIENT OR AGENCY NANIE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT DEHS DEPARTNIENT OR AGENCY NUMBER FAAA TASK ORDER ANIENDNIENT ROUTING NUMBER 19 FEF A 109334 To Original Task Order Routing Number 17 FEF A 90634 TASK ORDER AMENDMENT #2 This Task Order Amendment is made this day 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) FOR THE USE AND BENEFIT OF THE EAGLE COUNTY PUBLIC HEALTH AGENCY, whose address or principal place of business is 551 Broadway Eagle, Colorado 81631, hereinafter referred to as the "Contractor". 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 and to add an Option Letter provision to this task order. The State promises to pay the Contractor the sum of Zero Dollars, ($0.00) for the renewal term of twelve (12) months, ending on June 30, 2019, in exchange for the promise of the Contractor to perform the specifications to the 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 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, as amended by 18 FEFA 101595, 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: Page 1 of 4 Contract Amendment Task Orders Eagle County.docx ver 01.6.18 C18-132 A.The period of performance of the rn:rrent tenn is hereby extended by twelve (12) months, changing the current ending date from June 30, 2018 to June 30, 2019. The revised period of performance is July 1, 2016 through and including June 30, 2019. 1.This Contract Amendment is issued pursuant to paragraph �of the Original Task Order Contract. This Contract Amendment is for the renewal tenn of July L 2018, through and including June 30, 2019. The maximum amount payable by the State for the work to be perfonned by the Contractor during this renewal terrn is Zero Dollars, ($11.00) for an amended total contract financial obligation of the State of Zero Dollars, ($0.00). The modified specifications to the Additional Provisions and Scope of Work are incorporated herein by this reference and identified as Exhibit D and Exhibit E, respectively. The Original Task Order Contract is modified accordingly. All other tenns and conditions of the Original Task Order Contract are reaffirmed. 4.The Effective Date of this Contract Amendment is July L 2018, 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 Task Order Contract, in the event of any conflict, inconsistency, variance, or contradiction between the tenns and provisions of this Contract Amendment and any of the terms and provisions of the Original Task Order Contract, the tenns 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 TIIE STATE PAYABLE AFTER THE CURRENT FISCAL YEAR ARE CONTINGENT UPON FUNDS FOR THAT PURPOSE BEING APPROPRIATED, BUDGETED, AND OTHERWISE MADE AVAILABLE. Page 2 of 4 Contract Amendment Task Orders Eagle County.docx ver 01.6.18 SIGNATURE PAGE Contract Routing Number: 19 FEFA 109334 THE PARTIES HERETO HAVE EXECUTED TIIlS TASK ORDER AMENDMENT Each person signing this Task Order Amendment represents and warrants that he or ste is duly authorizoo to execute this Task Order Amendment and to bind the party authcrizing his or her signature. CONTRACTOR STATE OF COLORADO Eagle County Public Health Agency John W. Hickenlooper, Governor a political sub-division tii/.A1u.'-1 � 0 u:...,._ -1-\-1'...N � � Print Name of Authorized Individual LS vut u Date PROGRAM APPROVAL Colorado Depanmenl of Public Health and Environment Jeff Lawrence DEHS S ,z.31 l'b Date Date LEGAL REVIEW By: Signature -Senior As 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 de legate. By: Effective Date: Page 3 of 4 ConcractAmeodmenl Task Orders Eagle County.docx A,JD EXHIBITD ADDITIONAL PROVISIONS To Task Order Contract Dated 4/19/2018 CMS Task Order Routing Number 19 FEFA 109334 I J TheS/4' pro'l'isions an to he read and interpreted in conjunction with tlw provisions of the Task Order Contract specified above. 1.Time Limit For Acce ptance Of Deliverables. b. Evaluation Period. Th e State shall have thirty (30) calendar Jays from the dale a deliverable is delivered lo the Statt· by the Conlrnclor to evaluak Llrnl deliverable, except for those deliverable� that have a different lime negotiated b y lhe State and lhc: Contractor. Notice of Defect. If the State believes in good faith that a deliverable fails to meet the design specifications for that particular deli vernb!e. or is otherwi,e deficient, then the State shall notify the Contractor of the failure or deficiencic:s. in writing. within twen(y (20) calendar days of: l) the dale the deliverable is delivered to the State by the Contractor if the State is aware of the failure or deficiency al the tirne of delivery: or 2) the clme the: Slate becomes aware of the failure or deficiency. The above time frame shall apply lo all deliverables except for those deliverables that have a different time negotiated by the State an d the Contrncwr in writing pu rsuant to the State:· s fiscal rules. c.Time lo Correct Defocl . Upon receipt of timely 1vritten notice of an objection to a completed deliverable, the Contrac tor shall have a reasonable period of lime. not to exceed thirty (30) calendar days. to correct the noted deficiencies. ff the Contractor fails to correct such deficiencies within thirty (30) calendar days. the Contrnctor shall be in default of its obligat ions under this Task Order Contract and the Stale, al ils option, may elect to terrninate this Task Order Contract or the ]\faster Contract and all Task Ordc:r Contracts entered into pursuant lo the Master Contract. 5.Health Insurance Portability and Accountability Act (HIPAA) Business Associate Determin ation. The Stale has determined that this Contract does not cons titute a Business Associate relationship under HTPAA. 6.This mvard does not in clude funds for Research an d Development. 7.The State, al its discretion. shall have the option to extend the term under this Task Order beyond the Initial Term for a period or for successive periods. of l year at the same rates and under the same terms spec ified in the Task Order. In order to exercise this option, the State shall provide w1iuen not.ice to Contractor in as form substantially equival ent to Exhibit F. IT exercised, the provisions of the Option Letter shall become part of and be incorporated in the original Task Order. The total duration of this Task Order shall not exceed 5 years. Page 1 ofl Con tract_ Ezhibihi\_i\dditionalPmvis1ons_ Task0rder_18 .l A EXHIBITE STATEMENT OF WORK To Task Order Contract Dated 4/19/2018 CMS Task Order Routing Number 19 FEFA 109334 I.Project Description: Local public health agencies are essential to the provisio n 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 assure the provision of Core Public Health Se rvices 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. II.Definitions: I.CDPHE: Colorado Department of Public Health and Environment 2.DEHS: Division of Environmental Health and Sustainability 3.HACCP: Hazard An alysis Critical Control Points 4.Interv ention: is considered a routine inspection and can include onsite training, announced inspection, or a HACCP­ based critical item inspection. 5.VNRFPS: Voluntary National Retail Food Regulatory Program Standards m.WorkPlan 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: No later than the expiration date of this contract, the Contractor shall comply with the Food Protection Act, the Colorado Retail Food Establishment Rules and Regulations and all other po licies, regulations, interpretive memoranda, and documents issued by DEHS which are used to clarify interpretation and implementation of the laws, rules and regulations. Primary Activity #1 The Contractor shall conduct regulatory inspections of retail food establishments in accordance with state laws, regulations and standards. 1.The Contractor shall implement the State risk-based inspection methodology or an alternate risk-based methodology 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-borne illness violations and Lo address critical item violations. 2.The Contractor shall conduct interventions for those retail food establish ments that, through inspection data, are identified as having a large number of food-borne illness risk factors. Sub-Activities #1 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 (5) working days after the last day of each month. 4.The Contractor shall complete semi-annual progress reports. 5.The Contractor shall complete an electronic data transfer (EDT) report at a minimum of each quarter, if not using the State's di gital database. 6.The Contractor shall complete a quarterly inspection and compliance progress summary, if not using the State's di gital database. Primary Activity #2 The Contractor shall uniformly implement and administer the Food Protection Act. Page 1 of 4 Exhibit B -Statement of Work EXHIBITE t.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. 2.The Contractor shall respond to any plans and specifications or HACCP plans submitted within 14 days. a.The Contractor shall review and approve HACCP plans submitted by retail food establishments to verify and ensure Lhat food handling risks are reduced to prevent food-borne il lness outbreaks. b.The Contractor shall review all submitted plans for new or extensively remodeled retail food establjsbments. 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 bow 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 lo 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 estab]jshmenls and provide a re.commendation for approval or derual to be considered by CDPHE. 5.The Contractor shall enroll and maintain progress in the US Food and Drug Admini stration's (FDA) VNRFPS as staffing resources allow. VNRFPS information is Sub-Activities #2 available on the following web site: h tti2 ://www. f dagov IF ood/GuidanceRegu lation/Retail FoodProtection/ProgramStandards/ default.htm. Progress will include: a.Participation in statewide committees for the development of the State requirements for a pa rticular standard. b.Demonstration of advancement toward compliance with VNRFPS standard number 2 assuring retail food inspectors meet national criteria for appropriate training and education to adequately perform required inspections and interventions. C. Demonstration of ad vancement toward compliance with VNRFPS standard number 3 assuring inspection focus on criti.cal item risk factors, the correction of documented def iciencies, and assuring the focus of inspections on the highest risk establishments. d.Coordination with the department to facilitate DEHS audits of compliance audits performed as part ofVNRFPS. 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-compliance (Out), not applicable (NA), or not observed (NO) during each inspection. 7.The Contractor shall participate in individual and statewide tra.irungs offered by DEHS for the retail food program or supporting data system(s). 8.The Contractor shall participate in the State's data standarruzation efforts. I.The Contractor shall comply with the Food Protection Act, C.R.S. 25-4-1601, et.seq. This document is incorporated and made part of trus contract by reference and is available on the following website httQs://www.colorado.gov/Qacific/sites/default/liles/DEHS RetailFd FoodProtectionAct RFLaw 25-4 -16.J?df Standards and 2.The Contractor shall comply with the Colorado State Board of Heallh Rules 6 CCRRequirements 1010-2. These documents are incorporated and made part of this contract by reference and is available on the following website h tt Q :/ /www .sos.state.c o.o s/CCR/GenerateRu le Pd f.do ?rule Versionld=S 192 3.The Contractor shall complete retail fo od inspections at a sufficient rate lo protect public health and maintain a consistent presence in the community (i.e. approximately 25% of annually reQuired inspe ctions completed oer quarter). Page 2 of 4 Exhibit B -Statement of Work EXHIBITE 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 (FfE) 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. (FIE requirements calculated in accordance with Standard 8 may be compared with functing provided through retail food license revenues and local staffing costs when justifying proportionally appropriate work completion) C. The Contractor shall verify all licensing fees collected are directed towards retail food program activities. 4.The Contractor shalJ have at least one (l) employee that has successfully completed retail food establishment standardization through the DEHS, or have one (1) employee who meets the eligibility requirements (including compliance with VNRFPS standard number 2) for standardization and participates in and successfully completes the standardi zation exercise when scheduled by DEHS. 5.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 iJlness and critical item violations cited; e.Whether food -bome 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. 7.DEHS will provide to the Contractor report templates a.semi-annual progress report template b.a quarterly inspection and compliance progess summary template. Expected Results of Complete inspections and asstu-e regulatory compliance in retail food establishments in proportion with the revenue generated from retail food license fees established by the State so Activity(s) that Contractor can maintain compliance with Title 25, Article 4, Part 16, C.R.S. 1.The number of retail food inspections required to be completed by the Contractor during Measurement of Expected the State fiscal year (based on the State's risk-based inspection scheduling methods or an alternate risk-based methodology approved by the Stale), and the number of inspectionsResults actually completed; 2.The number of food-borne illness and critical item violations cited during retail food inspections, and whether these violations were corrected; Completion Date Deliverables l.The Contractor shall submit via email to the Deputy Director of No later than DEHS semi-annual progress reports.January 31 June 20 Page 3 of 4 Exhibit B -Statement of Work EXHIBITE No later than 2.Tbe Contractor sball submit via email to the Deputy Director of October 31 DEHS an electronic data transfer (EDT) at a minimum of each January 31 quarter in accordance with data standardization workgroup ·protocol, if not using the State's digital database.April 30 June 20 3.The Contractor shall submit via email to the Deputy Director of DEHS a quarterly inspection and compliance progress summary, No later than if not using the State's digital database. October 31 January 31 Quarterly reporting may be provided using the Contractor's data April 30 system reporting capabilities (i.e. the Contractor can submit June 20 "canned" reports with some or all data elements). IV.Monitoring: CDPHE's monitoring of this contract for compliance witb performance requirements will be conducted througboul the 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 ev aluated at set intervals and communicated to the contractor. A Final Contractor Performance Evaluation will be conducted al the end of the life of the contract. V.Resolution of Non-Compliance: Tbe 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 Stale 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 writin g 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 Deputy Director of DEHS and receive approv al for a new due date. The State will oversee tbe completion/implementalion 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 rigbts under the provisions of this contract Page 4 of 4 Exhibit B -Statement of Work EXHIBITF OPTION LETTER Date: State Fiscal Yea r: 0 lion Letter No. Original Contract CMS# Option Letter CMS Routing # CORE Encumbrance # DELETE all BLUE text, CUSTOMIZE Red text and CHANGE Red text to Black after customization. 1)OPTIONS : Choose all applicable options listed below a.Option to extend for a renewal or additional term b.Option to change amount of goods c.Option to change amount of services d.Option to change contract rates e.Option to in itiate next phase of contract 2)REQUIRED PROVISIONS. All Option Letters shall contain the appropri ate provi ions set forth below: a.For use with Options a: In accordance with Section(s) enter secti on the Original Contract referenced above between the State of Colorado, Coloracio Department of Public Health and Environment, and enter Contractor's name the State hereby exercises its option for an additional term beginning in sert start date and ending on in erl end date at the rates stated in the Original Contract, as amended. b.For use with Option b and c. In accordance with Section(s) enter Se lion of the Original Contract routing number referenced above, between the State of Colorado, Colorado Department of Public Health an Environment, and enter Contractor's name the State hereby exercises its option to Increas�/Decrease the quantity of Good /Services or both at the same cost/price as specified in enter Exhibit/Attachment name. c.For use with Option d. In accordance with Section(s) enter section of Lhe Original ontract routing number referenc ed above, the State hereby exercise its option to mo 'fy the Contrnct rat . specified in Exhibit/Section Number. The Contract rates attached to this Option Jetter in Exhibit/ ttachment Name replace the rates in the original Contract as of the Option Effective Date of this Option Letter. d.For use with Option e: In accordance with Section(s) e ter sectten of the Original Contract routing number referenced above, the State hereby exercise its option to initiate Phase indicate which Phase: 2, 3, 4 etc. which shall begin on insert start date and ending on insert end date at the cost/price specified in Section enter section the Original Contract referenced above. e.For use with Options a, b, c th-at-modif-v the contract value. ::fhe amount of the curren t Fiscal Year contract value is( increased/decreased by $ enter amou t of change to a new contract value of insert new $ amoun t as consideration for services/goods ordere uncter the contrac for the curr ent fiscal year Indicate Fiscal Year. The first senten ce in Section enter section of the original contract is hereby modified accordingly. The amended total contract financial obligation including all previ ous amendments, option tetters, le. is insert new $ amount. 3)Effective Date: The effective date of i Option Letter is upon approval of the State Controller if exact date is required complete the foUowing: enter d te, and incll � tne following: whichever is later. STATE OF COL'OIMDO Joh n W. llickenlooper, GO-yERNOR Department-of..Pobl ic Health Environment By: Lisa McGovern, Purchasing & Contracts Section Director Date: PROGRAM APPROVAL: By: Date: ALL CONTRACTS REQUIRE APP ROVAL BY THE STA TE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contr acts. This Contract is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance un til such time. If Contractor begins performing prior thereto, the State of Colorado is not obligated to pay Contra ctor for such performance or for any goods and/or services provided hereunder. Contract_Sample OptionLener_ 17.9.18 Jaros, JD