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HomeMy WebLinkAboutC23-238 CDPHE_Use & BenefitTask Order Number: 2024*0431 Page 1 of 3 Version 02.24.2022 TASK ORDER State Agency State of Colorado for the use & benefit of the Department of Public Health and Environment 4300 Cherry Creek Drive South Denver CO 80246 Contractor Board of County Commissioners of Eagle County (a political subdivision of the state of Colorado) 500 Broadway Eagle CO 81631-0850 for the use and benefit of the Eagle County Public Health Agency 551 Broadway Eagle CO 81631 Master Task Order Contract Number 23 FAA 00016 Task Order Number 2024*0431 Task Order Performance Beginning Date The later of the Task Order Effective Date or July 1, 2023 Task Order Maximum Amount Initial Term State Fiscal Year 2024 $30,000.00 Total for All State Fiscal Years $30,000.00 Task Order Expiration Date June 30, 2028 Except as stated in §2.D., the total duration of this Contract, including the exercise of any options to extend, shall not exceed 5 years from its Performance Beginning Date. Pricing/Funding Price Structure: Cost Reimbursement Contractor Shall Invoice: Quarterly Funding Source: State $ 30,000.00 Miscellaneous: Authority to enter into this Contract exists in: C.R.S. 25-1.5-101 – C.R.S. 25-1.5-113 Law Specified Vendor Statute (if any): N/A Procurement Method: Other Solicitation Number (if any): Enter Solicitation # State Representative Sean Scott Deputy Director Division of Environmental Health and Environment Colorado Department of Public Health and Environment 4300 Cherry Creek Drive South Denver, CO 80246 Sean.scott@state.co.us Contractor Representative Danielle Magargle Eagle County Public Health Agency 551 Broadway Eagle CO 81631 Phgrants_contracts@eaglecounty.us Exhibits and Order of Precedence The following Exhibits and attachments are included with this Contract: Exhibit B Statement of Work Exhibit C Budget Contract Purpose To provide environmental health services to achieve the uniform statewide administration, implementation and enforcement of standards and rules established by CDPHE for retail food establishments, child care facilities and schools. In accordance with §4.B of the Master Task Order Contract referenced above, Contractor shall complete the following Project: 1. PROJECT DESCRIPTION Contractor shall complete the Project described in Exhibit B Statement of Work (SOW) that is attached hereto and incorporated herein (“the SOW”). All terminology used in this Task Order and the Statement of Work shall be interpreted in accordance with the Master Task Order Contract unless specifically defined differently in this Task Order. The DocuSign Envelope ID: 675BF090-C2EE-46F2-A369-7D5541238427 Task Order Number: 2024*0431 Page 2 of 3 Version 02.24.2022 Statement of Work and Budget are incorporated herein, made a part hereof and attached hereto as Exhibit B - Statement of Work and Exhibit C - Budget. 2. PAYMENT The State shall pay Contractor the amounts shown in Exhibit C - Budget that is attached hereto and incorporated herein, in accordance with the requirements of the Statement of Work and the Master Task Order Contract. The State shall not make any payment for a State Fiscal Year that exceeds the Task Order Maximum Amount shown above for that State Fiscal Year. 3. PERFORMANCE PERIOD Contractor shall complete all Work on the Project described in this Task Order by the Task Order Expiration Date stated above. Contractor shall not perform any Work described in the Statement of Work prior to the Task Order Performance Beginning Date or after the Task Order Expiration Date stated above. 4. TASK ORDER EFFECTIVE DATE: The Effective Date of this Task Order is upon approval of the State Controller or July 1, 2023, whichever is later. DocuSign Envelope ID: 675BF090-C2EE-46F2-A369-7D5541238427 Task Order Number: 2024*0431 Page 3 of 3 Version 02.24.2022 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT Each person signing this Contract represents and warrants that he or she is duly authorized to execute this Contract and to bind the Party authorizing his or her signature. CONTRACTOR 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 ______________________________________________ By: Signature ______________________________________________ Name of Person Signing for Contractor ______________________________________________ Title of Person Signing for Contractor Date: _________________________ STATE OF COLORADO Jared S. Polis, Governor Colorado Department of Public Health and Environment Jill Hunsaker Ryan, MPH, Executive Director ______________________________________________ By: Signature _____________________________________________ Name of Executive Director Delegate _____________________________________________ Title of Executive Director Delegate Date: _________________________ In accordance with §24-30-202, C.R.S., this Option is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD _____________________________________________ By: Signature _____________________________________________ Name of State Controller Delegate _____________________________________________ Title of State Controller Delegate Effective Date:_____________________________________ --Signature Page End-- DocuSign Envelope ID: 675BF090-C2EE-46F2-A369-7D5541238427 2023-06-13 County Commissioner Kathy Chandler-Henry Procurement & Contracts Section Director ft 2023-06-14 Lisa McGovern 2023-06-14 Chief Financial Officer Jannette Scarpino EXHIBIT B Page 1 of 7 Original Contract Number: 2024*0431 Ver. 01.11.19 STATEMENT OF WORK To Original Contract Number 2024*0431 These provisions are to be read and interpreted in conjunction with the provisions of the contract specified above. I. 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 assure 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. This project will inspect and assure regulatory compliance in retail food establishments, child care facilities and schools. The activities and deliverables for this project cannot be delegated by the Contractor to third party(ies), i.e. subcontracted, without written approval from the State . II. Definitions: 1. CDPHE: Colorado Department of Public Health and Environment 2. DEHS: Division of Environmental Health and Sustainability 3. HACCP: Hazard Analysis Critical Control Points 4. Intervention: 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 III. Work Plan: Goal #1: To protect and improve Colorado's environment and human health through education, collaboration and compliance assurance in retail food establishments, child care facilities and schools. Objective #1: No later than the expiration date of this contract, the Contractor shall 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, child care facilities and schools. Primary Activity #1 The Contractor shall conduct regulatory inspections of retail food establishments in accordance with state laws, regulations and standards. Sub-Activities #1 1. The Contractor shall conduct on-site routine inspections of each retail food establishment at a frequency determined by a risk-based methodology approved by the State or twice per year and enter those inspection results into the Contractor’s digital database or the State’s digital database no later than two (2) working days after the activity was completed . a. The Contractor shall have a system for determining and tracking the next inspection dates due in such a manner that allows for the Contractor to easily determine any past due inspections. As such, the Contractor shall not have inspections that are more than 90 days past due. b. If extenuating circumstances cause the Contractor to be more than 90 days past due, the Contractor shall notify the State in writing of the extenuating circumstances. 2. The Contractor shall conduct interventions and re-inspections for those retail food establishments that, through inspection findings, are identified as requiring re -inspections or that require immediate closure and enter those inspection results into the Contractor’s digital database or the State’s digital database no later than two (2) working days after the DocuSign Envelope ID: 675BF090-C2EE-46F2-A369-7D5541238427 EXHIBIT B Page 2 of 7 Original Contract Number: 2024*0431 Ver. 01.11.19 activity was completed. Follow-up inspections for facility inspections that do not result in a point accumulation requiring a re-inspection should not be performed absent a methodology approved by the State or under extenuating circumstances. a. The Contractor shall have a system for tracking all re -inspections that are required to maintain timely completion of all required re-inspections. 3. The Contractor shall record licensing, inspection, intervention, violation, violation pervasiveness, and compliance data using the State’s digital database or the Contractor’s digital database as approved in writing by the State. 4. The Contractor shall complete progress reports when requested by the State. 5. The Contractor shall complete an electronic data transfer report each month or upon request by the State, if not using the State’s digital database. Primary Activity #2 The Contractor shall uniformly implement and administer the Food Protection Act. Sub-Activities #2 1. The Contractor shall issue new and renewal licenses and certificates of license using the State’s digital database or approved Contractor-specific data system(s), and remit $43.00 of the applicable licensing fee to DEHS on a monthly basis. Format, wording and content included in Contractor invoices for license fees shall be provided by the State’s digital database or must be approved by DEHS. 2. The Contractor shall respond to any plans and specifications or HACCP plans submitted by retail food establishments within 14 days. a. The Contractor shall review and approve HACCP plans submitted by retail food establishments to verify that food handling risks are reduced to prevent food-borne illness outbreaks. 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 Cont ractor shall provide a 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 may enroll and maintain progress in FDA’s VNRFPS as staffing resources allow. 6. The Contractor shall participate in individual and statewide trainings offered by DEHS for the retail food program or supporting data system(s). 7. The Contractor shall participate in the State’s data standardization efforts. Primary Activity #3 The Contractor shall conduct regulatory inspections and assure regulatory compliance for child care facilities in accordance with state laws, regulations and standards. Sub-Activities #3 1. The Contractor shall inspect each licensed child care facility once every two years , or utilize the CDPHE Child Care risk-based inspection frequency methodology, or on a risk- based inspection frequency approved by the State and enter those inspection results into the Contractor’s digital database or the State’s digital database no later than two (2) working days after the activity was completed. a. The Contractor shall inspect guest child care and public services short-term child care, if operating in their jurisdiction, annually. DocuSign Envelope ID: 675BF090-C2EE-46F2-A369-7D5541238427 EXHIBIT B Page 3 of 7 Original Contract Number: 2024*0431 Ver. 01.11.19 b. The Contractor shall have a system for determining and tracking the next inspection dates due in such a manner that allows for the Contractor to easily determine any past due inspections. As such, the Contractor shall not have inspections that are more than 90 days past due. c. If extenuating circumstances cause the Contractor to be more than 90 days past due, the Contractor shall notify the State in writing of the extenuating circumstances. 2. The Contractor shall record inspection, intervention, violation and compliance data into the Contractor’s digital database or the State’s digital database no later than two (2) working days after the activity was completed. 3. If required by the agency, the Contractor shall review all plans submitted by child care facilities and provide written response within two weeks of submittal. 4. The Contractor shall review all variance requests submitted by child care facilities and provide a recommendation for approval or denial to be considered by CDPHE. 5. The Contractor shall participate in individual and statewide trainings offered by DEHS for the supporting data system and the child care program, per Child Care Inspection Training Standards. These standards are incorporated and made part of this contract by reference. Primary Activity #4 The Contractor shall conduct regulatory inspections and assure regulatory compliance for schools in accordance with state laws, regulations and standards. Sub-Activities #4 1. The Contractor shall inspect the high risk portions of each school that contains laboratory, industrial, art and/or vocational hazards (high risk only inspection) once per year and enter those inspection results into the Contractor’s digital database or the State’s digital database no later than two (2) working days after the activity was completed. High risk only inspections shall be conducted in accordance with the DEHS School Inspection Procedures SOP. This document is incorporated and made part of this contract by reference. a. The Contractor shall have a system for determining and tracking the next inspection dates due in such a manner that allows for the Contractor to easily determine any past due inspections. As such, the Contractor shall not have inspections that are more than 90 days past due. b. If extenuating circumstances cause the Contractor to be more than 90 days past due, the Contractor shall notify the State in writing of the extenuating circumstances. 2. The contractor shall inspect the low risk portions of each school that does not contain laboratory, industrial, art and/or vocational hazards (low risk only inspection) at least once every three years and enter those inspection results into the Contractor’s digital database or the State’s digital database no later than two (2) working days after the activity was completed. Low risk only inspections shall be conducted in accordance with the DEHS School Inspection Procedures SOP. This document is incorporated and made part of this contract by reference. a. The Contractor shall have a system for determining and tracking the next inspection dates due in such a manner that allows for the Contractor to easily determine any past due inspections. As such, the Contractor shall not have inspections that are more than 90 days past due. b. If extenuating circumstances cause the Contractor to be more than 90 days past due, the Contractor shall notify the State in writing of the extenuating circumstances. 3. The Contractor shall record inspection, intervention, violation and compliance data into the Contractor’s digital database or the State’s digital database no later than two (2) working days after the activity was completed. 4. If required by the agency, the Contractor shall review all plans submitted by schools and provide written response within two weeks of submittal. DocuSign Envelope ID: 675BF090-C2EE-46F2-A369-7D5541238427 EXHIBIT B Page 4 of 7 Original Contract Number: 2024*0431 Ver. 01.11.19 5. The Contractor shall review all variance requests submitted by schools and provide a recommendation for approval or denial to be considered by CDPHE. 6. The Contractor shall participate in individual and statewide trainings offered by DEHS for the school program or supporting data system(s). Standards and Requirements Retail Food Standards and Requirements 1. 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 this contract by reference. a. The Contractor shall comply with all other policies, regulations, interpretive memoranda, and guidance documents issued by DEHS which are used to clarify interpretation and implementation of the governing laws. 2. The Contractor shall have at least one (1) employee that has successfully completed retail food establishment standardization through the DEHS, or have one (1) employee who meets the standardization eligibility requirements (including compliance with FDA’s VNRFPS Standard 2) for standardization and participates in and successfully completes the standardization exercise when scheduled by DEHS. 3. VNRFPS information is available on the following web site: http://www.fda.gov/Food/GuidanceRegulation/RetailFoodProtection/ProgramStandards/de fault.htm and is incorporated and made part of this contract by reference. 4. Progress in the FDA’s VNRFPS 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 2 assuring retail food inspectors meet national criteria for appropriate training, education and standardization to adequately perform required inspections and interventions. c. Demonstration of advancement toward compliance with VNRFPS Standard 3 assuring a risk-based inspection focus, the correction of documented deficiencies, applying pervasiveness and statutory enforcement process, 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 of VNRFPS. e. Coordination with the department to conduct audits of DEHS for compliance with VNRFPS. 5. The Contractor shall complete retail food inspections at a sufficient rate to protect public health and maintain a consistent presence in the community (i.e. approximately 25% of 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 explaining 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 2022 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 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. DocuSign Envelope ID: 675BF090-C2EE-46F2-A369-7D5541238427 EXHIBIT B Page 5 of 7 Original Contract Number: 2024*0431 Ver. 01.11.19 6. The Contractor shall use the State inspection forms (or digital equivalent), or a form approved by the State, and mark the compliance status options for all violations as in compliance (In), out of compliance (Out), not applicable (NA), or not observed (NO) during each retail food establishment inspection. For each retail food violation marked out of compliance (Out), a pervasiveness determination of low, medium, or high shall be assigned. a. The Contractor shall, at the completion of each inspection, finalize the inspection report with the inspection findings and review the results with the facility prior to leaving the establishment. Conditions and violations noted on the inspection report at the time of the inspection cannot be altered after leaving the establishment without providing full documentation and explanation of the alterations to the facility. The necessity for any such alterations should be minimized to greatest extent possible and full documentation must also be recorded in State’s digital database or the Contractor’s approved digital database. 7. If the Contractor chooses to communicate retail food inspection results to the public, the Contractor shall use the State-approved methodology. 8. The Contractor shall maintain inspection and compliance records for retail food establishments in the State’s digital database, or in the Contractor’s State-approved digital database in order for DEHS to determine: a. An accurate and complete inventory of existing retail food establishments; b. The number of inspections and re-inspections conducted; c. The number of inspections that resulted in closure of the inspected facility; d. Completion rates for required inspections and interventions; e. If any inspection reports were altered after issuance at the time of inspection, and the number of any such altered reports; f. Whether the required inspection frequency was met; and g. The number of enforcement actions taken to obtain compliance in retail food establishments. Child Care and Schools Standards and Requirements 1. The Contractor shall provide inspections and assure compliance to establish and enforce sanitary standards for the operation and maintenance of child care facilities and schools and child care facilities in accordance with Section 5 of 6 CCR 1014 -7, Core Public Health Services. a. When sufficient appropriations are absent, the Contractor shall set priorities for completing the required child care and school inspections, and include the list of priorities in its local public health plan submitted pursuant to section 25-1-505, C.R.S. 2. The Contractor shall comply with the Colorado State Board of Health Rules 6 CCR 1010 - 2, 6 CCR 1010-6, 6 CCR 1010-7, and the Core Public Health Services regulations. These documents are incorporated and made part of this contract by reference a. The Contractor shall comply with all other policies, regulations, interpretive memoranda, and guidance documents issued by DEHS which are used to clarify interpretation and implementation of the rules and regulations. 3. The contractor shall ensure compliance with the Child Care Inspection Training Standards for employees when conducting inspections in child care facilities. 4. The contractor shall ensure compliance with the School Inspection Training Standards for employees conducting inspections in schools. 5. The Contractor shall use the State inspection forms (or digital equivalent), or a form approved by the State, and mark the compliance status options for all violations as in compliance (In), out of compliance (Out), not applicable (NA), or not observed (NO) during each child care or school inspection. DocuSign Envelope ID: 675BF090-C2EE-46F2-A369-7D5541238427 EXHIBIT B Page 6 of 7 Original Contract Number: 2024*0431 Ver. 01.11.19 a. The Contractor shall, at the completion of each inspection, finalize the inspection report with the inspection findings and review the results with the facility prior to leaving the establishment. Conditions and violations noted on the inspection report at the time of the inspection cannot be altered after leaving the establishment without providing full documentation and explanation of the alterations to the facility. The necessity for any such alterations should be minimized to greatest extent possible and full documentation must also be recorded in State’s digital database or the Contractor’s approved digital database. 6. The Contractor shall maintain adequate inspection and compliance records for child care establishments and schools in a digital database in order for DEHS to determine: a. An accurate and complete inventory of existing child care facilities and schools; b. The number of inspections due, past due, and completed; c. The number of non-critical and critical item violations cited during child care facility and school inspections, and whether critical items identified on inspections were corrected; d. Completion rates for required inspections; and, e. Whether the required inspection frequency was met. General Standards and Requirements 1. DEHS will provide the following report templates to the Contractor: a. Progress report template or other reporting method . 2. Quarterly reporting may be provided using the Contractor’s data system reporting capabilities (i.e. the Contractor can submit “canned” reports with some or all data elements). 3. The contractor shall actively participate in the planning for, execution of, and responses to comprehensive DEHS program audits of environmental health services provided to achieve the uniform statewide administration, implementation and enforcement of standards and rules established by the CDPHE for retail food establishments, child care facilities and schools. Expected Results of Activity(s) 1. Complete inspections and assure regulatory compliance in retail food establishments in proportion with the revenue generated from retail food license fees established by the State so that the Contractor can maintain compliance with Title 25, Article 4, Part 16, C.R.S. 2. Complete inspections and assure regulatory compliance in child care facilities and schools in proportion with the funding provided through this contract. Measurement of Expected Results 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 alternate risk-based methodology approved by the State), and the number of inspections actually completed. 2. The number of retail food re-inspections and facility closures required and completed in accordance with state law. 3. Violation rates, by violation (checklist item), for retail food establishment inspections and associated rates of low, medium or high pervasiveness for each violation. 4. The number of child care facility inspections required to be completed by the Contractor during the State fiscal year and the number of child care facility inspections completed. 5. The number of high-risk school inspections required to be completed by the Contractor during the State fiscal year and the number of high-risk school inspections actually completed. DocuSign Envelope ID: 675BF090-C2EE-46F2-A369-7D5541238427 EXHIBIT B Page 7 of 7 Original Contract Number: 2024*0431 Ver. 01.11.19 6. The number of low-risk school inspections required to be completed by the Contractor during the State fiscal year and the number of low-risk school inspections actually completed. Completion Date Deliverables 1. The Contractor shall remit $43.00 of the applicable retail food licensing fee to DEHS on a monthly basis. No later than 15th day of following month 2. The Contractor shall submit an electronic data transfer each month in accordance with data standardization workgroup protocol (if not using the State’s digital database) to the Deputy Director of DEHS, or their designee, via email. No later than 15th day of following month 3. Upon request, the Contractor shall submit an inspection and compliance progress summary (if not using the State’s digital database) to the Deputy Director of DEHS, or their designee, via email. Within 10 days of request IV. Monitoring: CDPHE’s monitoring of this contract for compliance with performance requirements will be conducted throughout 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 wi ll 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 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 determi ne 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 Deputy Director of DEHS 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 dis regard for the agreed upon compliance resolution plan, the State may exercise its rights under the provisions of this contract. DocuSign Envelope ID: 675BF090-C2EE-46F2-A369-7D5541238427 EXHIBIT C Budget Agency Name Total Quarterly Distribution Eagle County $30,000.00 $7,500.00 Original Contract Number: 2024*0431 DocuSign Envelope ID: 675BF090-C2EE-46F2-A369-7D5541238427