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Home My WebLink About20102435.tiff RESOLUTION RE: APPROVE TASK ORDER CONTRACT FOR FAMILY SMOKING PREVENTION AND TOBACCO CONTROL ACT AND AUTHORIZE CHAIR TO SIGN WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has been presented with a Task Order Contract for the Family Smoking Prevention and Tobacco Control Act between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Public Health and Environment, and the Colorado Department of Public Health and Environment, commencing September 1, 2010, and ending August 29, 2011,with further terms and conditions being as stated in said contract, and WHEREAS, after review, the Board deems it advisable to approve said task order contract, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Task Order Contract for the Family Smoking Prevention and Tobacco Control Act between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Department of Public Health and Environment, and the Colorado Department of Public Health and Environment be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said task order contract. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of October, A.D., 2010, nunc pro tunc September 1, 2010. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: • • _., .< ?� XCUSED o las Rademache Chair We ounty Clerk to the { *� arbara Kirkmey r, Pro-Tem BY: a ✓Zd �C f Depu lerk t e oard - (� Spi.,2tay APP _AS RM: Wi am F. Garcia C> ounty ttorney ��. David E. Long Date of signature: tt 1 If() a or c� \co 7u\t_ Li : 1-15 8 2010-2435 1��13�io // /5-/D HL0037 (i. t°• t ka.....;:, DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N. 17th Avenue Itli�� Greeley, CO 80631 c PubliHt;alth Web: http://www.co.weld.co.us/departments/healthenvironment/ Health Administration Public Health 8 Clinical Environmental Health Communication, Emergency Preparedness I ital Records Services 64641102 . 64 Services Education lb Planning Tel :970.304.6415 :970.304.6470 970.304.6420 2106 ar 970 304 11 304 97069 C. Our visor Together with the communities nie s4we serve,we areeworki g to make Weld Corny the healthiest place to��e/earn,�6k anti play COLORADO To: Doug Rademacher, Chair Board of County Commissioners r ^ c From: Mark Wallace, Executive Director � �' Date: October 4, 2010 INS(.IC RE: CDPHE/FDA grant contract • Enclosed for Board review and approval is the contract between the Colorado Department of Public Health and Environment and Weld County Department of Public Health and Environment to conduct compliance checks for the Family Smoking Prevention and Tobacco Control Act(FSPTC) administered by the Food and Drug Administration. The total amount of the contract is $83, 920.00. The time period for the contract is September 1, 2010 through August 29, 2011. The grant will provide funding for a 1.0 FTE who will be responsible for conducting checks throughout the northeast region for compliance with the sale to minor provision of the FSPTC Act and for advertising and labeling restrictions, flavored cigarette sales, and modified-risk product sales. We will fill the position with an existing Tobacco health educator who will be commissioned as officer with the FDA. The staff person/officer will contract with minor youth in the region to assist with the youth access compliance checks. Travel expenses will be paid for by the grant and all data will be secured and sent through a mobile device provided by the FDA. We recommend approval of this contract. jr:rwtes :-. DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N. 1791Avenue Gre eley, 8 CO 80631631 Public Health Web: http://www.co.weld.co.us/redesign/health/ill Envonmental Communication, C. Faxel 970.304.6412 304 6 12Uon Tale11970.304.6420 Tele:970.304.6415 Fax:Ir970 970.304.6411 T970.304.6470 Fete ax: 970 304.6452 ing COLORADO Our vision: Together with the communities we serve, we are working to make Weld County a healthy place to live,learn, work and play. Signature Authority Letter Weld County Department of Public Health and Environment (WCDPHE) exists as a non-profit corporate entity and as such does not have a President or Vice-President, but instead is governed by a Board of County Commissioners. In addition, WCDPHE operates under the leadership of Mark E. Wallace, our Executive Director. Douglas Rademacher, Chair, has the authority to sign contracts on behalf of the Weld County Board of County Commissioners which are binding. nature Barbara Kirkmeyer Print Name Board of Weld County Commissioners Chair, Pro-Tem October 13, 2010 Date a0/O -ae-13-4 STATE OF COLORADO Bill Ritter,Jr.,Governor - Martha E. Rudolph, Executive Director .of•cot°R Dedicated to protecting and improving the health and environment of the people of Colorado ye . -� ti ,-; o 4300 Cherry Creek Dr.S. Laboratory Services Division *<* vy Denver,Colorado 80246-1530 8100 Lowry Blvd. ` ""- * Phone(303)692-2000 Denver,Colorado 80230-6928 tale TDD Line(303)691-7700 (303)692-3090 Colorado Department Located in Glendale,Colorado of Public Health http://www.cdphe.state.co.us and Environment November 05, 2010 Mark Wallace Weld County Department of Public Health and Environment 1555 N. 17th Avenue Greeley, Colorado 80631 Dear Mr. Wallace Enclosed is your copy of the fully executed Colorado Department of Public Health and Environment Contract listed below. You may begin work on November 2, 2010. Contractor Name: Weld County Department of Public Health and Environment Contract Number: 11 FLA 23935 Original Contract Number: N/A Division: PSD Program Name: STEPP-FDA Project Name: Enforcement of Family Smoking Prevention and Tobacco Control Act Reason for Contract: New Contract Please contact me with questions or concerns. My contact information is listed below. Sincerely, 1J Daniel Huse, JD Contracts Coordinator Colorado Department of Public Health and Environment 303-691-4942 dhuse@cdphe.state.co.us DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT ROUTING NO.11 FLA 23935 APPROVED TASK ORDER CONTRACT-WAIVER#154 This Task Order Contract is issued pursuant to Master Contract made on January 23,2007,with routing number 08 FAA 00052 STATE.: CONTRACTOR: State of Colorado for the use&benefit of the Board of County Commissioners of Weld Department of Public Health and County(a political subdivision of the State of Environment Colorado),915 10th Street Prevention Services Division (PSD) Greeley,Colorado 80632-0758, STEPP-FDA for the use and benefit of the Weld County 4300 Cherry Creek Drive South Department of Public Health and Denver, Colorado 80246 Environment, 1555 North 17th Avenue, Greeley,Colorado 80631 TASK ORDER MADE DATE: CONTRACTOR EN ITIY TYPE: 09/30/10 Colorado Political Subdivision PO/SC ENCUMBRANCE NUMBER: PO FLA PPG1123935 TERM: BILLING STATEMENTS RECEIVED: This Task Order shall be effective upon Monthly approval by the State Controller,or designee, or on 10/15/2010,whichever is later. The STATUTORY AUTuoRTn: Task Order shall end on 08/29/11. NA PRICE STRUCIURE: CONTRACT PRICE NOT TO EXCEED: Cost Reimbursment $83,920.00 PROCUREMENT MIBTIIOD: FEDERAL FUNDING DOLLARS: $83,920.00 Exempt STATE FUNDING DOLLARS: $0 BID/REP/LIST PRICE AGREEMENT NUMBER: MAXIMUM AMOUNT AVAILABLE PER FISCAL YEAR: Not Applicable FY 11: $67,993.00 FY 12: $15,927.00 LAW SPECIFIED VENDOR SDYTUTE: Not Applicable STATE REPRESENTATIVE: CONTRACTOR REPRESENTATIVE: Carla Woolford Mark Wallace Department of Public Health and Environment Weld County Department of Public Health and PSD Environment STEPP-PDA 4300 Cherry Creek Drive Scads 1553 N. 17th Avenue Denver,Colorado 80246 Greeley,Colorado 80631 SCOPE OF WORK: To perform work for the project Enforcement of Family Smoking Prevention and Tobacco Control Act. Page I of 5 Rev 6/25/09 0a9/O- 2'/35 F.AIIBI TS: The following exhibits are hereby incorporated: Exhibit A- Additional Provisions (and its attachments if any—e.g., A-1,A-2,etc.) Exhibit B- Statement of Work and Budget(and its attachments if any—e.g.,B-1,B-2,etc.) Exhibit C- Budget GENERAL PROVISIONS The following clauses apply to this Task Order Contract. These general clauses may have been expanded upon or made more specific in some instances in exhibits to this Task Order Contract. To the extent that other provisions of this Task Order Contract provide more specificity than these general clauses,the more specific provision shall control. 1. This Task Order Contract is being entered into pursuant to the terms and conditions of the Master Contract including,but not limited to,Exhibit One thereto. The total term of this Task Order Contract,including any renewals or extensions,may not exceed five(5)years. The parties intend and agree that all work shall be performed according to the standards,terms and conditions set forth in the Master Contract. 2. In accordance with section 24-30-202(1),C.R.S.,as amended,this Task Order Contract is not valid until it has been approved by the State Controller,or an authorized delegee thereof. The Contractor is not authorized to,and shall not;commence performance under this Task Order Contract until this Task Order Contract has been approved by the State Controller or delegee. The State shall have no financial obligation to the Contractor whatsoever for any work or services or,any costs or expenses,incurred by the Contractor prior to the effective date of this Task Order Contract. If the State Controller approves this Task Order Contract on or before its proposed effective date,then the Contractor shall commence performance under this Task Order Contract on the proposed effective date. If the State Controller approves this Task Order Contract after its proposed effective date,then the Contractor shall only commence performance under this Task Order Contract on that later date. The initial term of this Task Order Contract shall continue through and including the date specified on page one of this Task Order Contract,unless sooner terminated by the parties pursuant to the terms and conditions of this Task Order Contract and/or the Master Contract. Contractor's commencement of performance under this Task Order Contract shall be deemed acceptance of the terms and conditions of this Task Order Contract. 3. The Master Contract and its exhibits and/or attachments are incorporated herein by this reference and made a part hereof as if fully set forth herein. Unless otherwise stated,all exhibits and/or attachments to this Task Order Contract are incorporated herein and made a part of this Task Order Contract. Unless otherwise stated, the terms of this Task Order Contract shall control over any conflicting terms in any of its exhibits. In the event of conflicts or inconsistencies between the Master Contract and this Task Order Contract(including its exhibits and/or attachments),or between this Task Order Contract and its exhibits and/or attachments,such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: I)the Page 2 of 5 Rev 6/25/09 Special Provisions of the Master Contract;2)the Master Contract(other than the Special Provisions)and its exhibits and attachments in the order specified in the Master Contract;3)this Task Order Contract;4)the Additional Provisions-_Exhibit A,and its attachments if included,to this Task Order Contract;5) the Scope/Statement of Work-Exhibit B,and its attachments if included,to this Task Order Contract;6)other exhibits/attachments to this Task Order Contract in their order of appearance. 4. The Contractor,in accordance with the terms and conditions of the Master Contract and this Task Order Contract,shall perform and complete,in a timely and satisfactory manner,all work items described in the Statement of Work and Budget,which are incorporated herein by this reference,made a part hereof and attached hereto as"Exhibit B"and"Exhibit C." 5. The State,with the concurrence of the Contractor,may,among other things,prospectively renew or extend the term of this Task Order Contract, subject to the limitations set forth in the Master Contract,increase or decrease the amount payable under this Task Order Contract,or add to,delete from,and/or modify this Task Order Contract's Statement of Work through a contract amendment. To be effective,the amendment must be signed by the State and the Contractor,and he approved by the State Controller or an authorized delegate thereof. This contract is subject to such modifications as may be required by changes in Federal or State law,or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this Task Order Contract on the effective date of such change as if fully set forth herein. 6. The conditions,provisions,and terms of any RFP attached hereto,if applicable,establish the minimum standards of performance that the Contractor must meet under this Task Order Contract. If the Contractor's Proposal,if attached hereto,or any attachments or exhibits thereto,or the Scope/Statement of Work- Exhibit B,establishes or creates standards of performance greater than those set forth in the RFP,then the Contractor shall also meet those standards of performance under this Task Order Contract. 7. STATEWIDE CONTRACT MANAGEMENT SYSTEM[This section.shall apply when the Effective Date is on or after July 1, 2009 and the maximum amount payable to Contractor hereunder is$100,000 or higher] By entering into this Task Order Contract,Contractor agrees to be govemed,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 Task Order Contract,State law,including CRS §24-103.5-10I,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 Task Order 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 Task Order 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 Task Order 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 Page 3 of 5 Rev 6/25/09 prohibit Contractor from bidding on future contracts.contractor may contest the fmal 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 4 of 5 Rev 6/25/09 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT *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: STATE OF COLORADO: BILL RITTER,JR GOVERNOR BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY FOR THE USE AND BENEFIT OF THE WELD COUNTY DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Legal Name of Contracting Entity By n7a:U For Executive Director Department of Public Health and Environment Signature ofAuthori Officer 10/13/2010 Barbara Kirkmeyer Print Name of Authorized Officer Depart e t Program Approval: Chair Pro—Tem B Print Title of Authorized Officer ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS§2430-202 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 WELD COUNTY DEPARTMENT OF PUBLIC HEALTH A ENV M i A—AENT BY: aThi tic2✓�- �DateMark E. Wallace, MD, MPH-Director Page 5 of 5 Rev 6/25/09 EXHIBIT A ADDITIONAL PROVISIONS To Task Order Contract Dated 09/30/2010-Contract Routing Number 11 FLA 23935 These provisions are to be read and interpreted in conjunction with the provisions of the Task Order Contract specified above. The list of acronyms attached hereto as Attachment A-1 may be referenced to in Exhibit A,Exhibit B, Exhibit C,and all and any attachments thereof in this Task Order Contract. 2. Health Insurance Portability and Accountability Act(HIPAA)Business Associate Determination. The State has determined that this contract does not constitute a Business Associate relationship under HIPAA. 3. This Task Order Contract contains federal funds. 4. The United State Department of Health&Human Services("USHHS"),through the Food and Drug Administration("FDA")has awarded federal funds under contract HHSF223201000059C to perform the following— Inspection of Tobacco Retailers. If the underlying Award authorizes the State to pay all allowable and allocable expenses of a contractor as of the effective date of that Award,then the State shall reimburse the Contractor for any allowable and allocable expenses of the Contractor that have been incurred by the Contractor since the proposed effective date of this Task Order Contract. If the underlying Award does not authorize the State to pay all allowable and allocable expenses of a contractor as of the effective date of that Award,then the State shall only reimburse the Contractor for those allowable and allocable expenses of the Contractor that are incurred by the Contractor on or after the effective date of this Task Order Contract,with such effective date being the later of the date specified in this Task Order Contract or the date the Task Order Contract is signed by the State Controller or delegee. 5. To receive compensation under this Task Order Contract,the Contractor shall submit a signed Monthly Invoice/Cost Reimbursement Statement in a format acceptable to the State. An Invoice/Cost Reimbursement Statement must be submitted within sixty(60)calendar days of the end of the billing period for which services were rendered. Expenditures shall be in accordance with the Statement of Work attached hereto as Exhibit B and incorporated herein and in accordance with the work requirements outlined in Attachment B-1. These items may include,but are not limited to,the Contractor's salaries, fringe benefits,supplies,travel,operating,indirect costs which are allowable,and other allocable expenses related to its performance under this Task Order Contract. Invoice/Cost Reimbursement Statements shall: 1)reference this Task Order Contract by its contract routing number,which number is located on page one of this Task Order Contract;2)state the applicable performance dates;3)state the names of payees;4)include a brief description of the services performed during the relevant performance dates;5)describe the incurred expenditures if reimbursement is allowed and requested;and,6)show the total requested payment. Payment during the initial,and any renewal or extension,term of this Task Order Contract shall be conditioned upon affirmation by the State that all services were rendered by the Contractor in accordance with the terms of this Task Order Contract. Invoice/Cost Reimbursement Statements shall be sent to: Colorado Department of Public Health and Environment Accounting/Grants Unit PSD-STEPP-A5 4300 Cherry Creek Drive South To be attached to CDPHE Page 1 of 4 Revised: 12/19/06 Task Order v1.0(11/05)contract template EXHIBIT A Denver,CO 80246 To be considered for payment,billings for payments pursuant to this Task Order Contract must be received within a reasonable time after the period for which payment is requested,but in no event no later than sixty (60)calendar days after the relevant performance period has passed. Final billings under this Task Order Contract must be received by the State within a reasonable time after the expiration or termination of this Task Order Contract;but in no event no later than sixty(60)calendar days from the effective expiration or termination date of this Task Order Contract. Unless otherwise provided for in this Task Order Contract,"Local Match", if any,shall be included on all billing statements as required by the funding source. The Contractor shall not use federal funds to satisfy federal cost sharing and matching requirements unless approved in writing by the appropriate federal agency. 6. Time Limit For Acceptance Of Deliverables. a. Evaluation Period. The State shall have thirty(30)calendar days from the date a deliverable is delivered to the State by the Contractor to evaluate that deliverable,except for those deliverables that have a different time negotiated by the State and the Contractor. b. Notice of Defect. If the State believes in good faith that a deliverable fails to meet the design specifications for that particular deliverable,or is otherwise deficient,then the State shall notify the Contractor of the failure or deficiencies,in writing,within thirty(30)calendar days of: 1)the date the deliverable is delivered to the State by the Contractor if the State is aware of the failure or deficiency at the time of delivery;or 2)the date the State becomes aware of the failure or deficiency. The above time frame shall apply to all deliverables except for those deliverables that have a different time negotiated by the State and the Contractor in writing pursuant to the State's fiscal rules. c. Time to Correct Defect. Upon receipt of timely written notice of an objection to a completed deliverable,the Contractor shall have a reasonable period of time,not to exceed ten(10)calendar days,to correct the noted deficiencies. If the Contractor fails to correct such deficiencies within ten(10)calendar days,the Contractor shall be in default of its obligations under this Task Order Contract and the State,at its option,may elect to terminate this Task Order Contract or the Master Contract and all Task Order Contracts entered into pursuant to the Master Contract. 7. The State of Colorado,specifically the Department of Public Health and Environment,shall be the owner of all equipment as defined by Federal Accounting Standards Advisory Board(FASAB)Generally Accepted Accounting Principles(GAAP)purchased under this Task Order Contract. At the end of the term of this Task Order Contract,CDPHE shall approve the disposition of all equipment. 8. Contractor must notify the State within thirty(30)days of a change of the Project Director or Principal Investigator responsible for the performance of services provided under this Task Order Contract. 9. Contractor shall request approval in writing from the CDPHE for all modifications to the Work Plan or Budget. Any request for modification to the Budget in excess of ten percent(10%)shall be submitted to CDPHE by April 29,2011 and shall require an amendment in accordance with Section 5,General Provisions,of this Task Order Contract. 10. Contractor shall participate in state-level evaluation efforts as requested by CDPHE including,but not limited to,progress reports on the implementation and accomplishments of the approved Work Plan in a format provided by the State. Progress reports shall be due ten(10)business days after each quarter. Quarters,aligned with USHHS FDA contract HHSF223201000059C,shall be September 1 through To be attached to CDPHE Page 2 of 4 Revised: 12/19/06 Task Order v1.0(11/05)contract template EXHIBIT A November 30(Q1),December 1 through February 28,March 1 through May 31,and June 1 through August 31,as applicable. Failure to submit progress reports in accordance with the above time frames may result in a delay or denial of the reimbursement request for those periods. 11. Unless otherwise provided for,all data collected or produced or derived exclusively from the Contractor's or subcontractor's work under this Task Order Contract shall remain the sole property of CDPHE,whether in individual,aggregate,identified or de-identified form or any other form required by CDPHE. To facilitate follow-up,research,surveillance and evaluation,any such data collected,used or acquired shall be made available in any form required by CDPHE,to CDPHE and any other contractor designated by CDPHE. Any such data collected,used or acquired shall be used solely for the purposes of this Task Order Contract. The Contractor and its subcontractors agree not to release,divulge,publish,transfer,sell,or otherwise make known any such data to unauthorized persons without the express prior written consent of CDPHE or as otherwise required by law.This includes a prior written request by the Contractor to CDPHE for submission of abstracts or reports to conferences,which utilize data collected under this Task Order Contract. Notwithstanding the foregoing,the Contractor shall be entitled to retain a set of any such data collected or work papers necessary to perform its duties under the Task Order Contract and in accordance with professional standards. 12. The State of Colorado,specifically the Department of Public Health and Environment,shall be the owner of all printed materials,graphic representations,educational materials,audio-visual products,or any other media,in whatever form,created under this Contract.This requirement applies,but is not limited to,any brochure,flyer,presentation,billboard,radio spot,website,banner advertisement. All such materials created under this Contract must be pre-approved by the CDPHE in the development phase.A minimum of ten(10)business days is required for the review and approval process.The CDPHE reserves the right to require logos,or other wording on any material,representation,product or other media form created under this contract. Any material,representation,product or other media form that will use CDPHE's logos or Colorado QuitLine's logos or information,must be pre-approved by the CDPHE.A minimum of ten(10)business days is required for the review and approval process. 13. Funds provided under this Task Order Contract may not be used to:supplant funding for any existing programs/models;develop new cessation programs/models;develop curricula for youth or adults not reviewed and approved by CDPHE;pay for individual cessation aids or nicotine replacement therapy;fund capital improvements;or fund costs of enforcement of state or local laws and ordinances. 14. The Contractor affirms that the Principle Investigator and/or the Project Director maintains no affiliations or contractual relationships,direct or indirect,with tobacco companies,owners,affiliate,subsidiaries, holding companies or companies involved in any way in the production,processing,distribution, promotion,sales,or use of tobacco. 15. The Contractor shall not use funds provided under this Task Order Contract for the purpose of lobbying as defined in C.R. S.24-6-30I(3.5)(a). 16. If the Contractor intends to subcontract any or all of its performance under this Task Order Contract,then the Contractor shall provide to CDPHE,a copy of any proposed subcontract between the Contractor and a subcontractor.All subcontractors are subject to all the terms and conditions of this Task Order Contract. The Contractor remains ultimately responsible for any work performed by a subcontractor. To be attached to CDPHE Page 3 of 4 Revised: 12/19/06 Task Order v 1.0(11/05)contract template EXHIBIT A 17. Notwithstanding anything in this Task Order Contract to the contrary,the parties understand and agree that all terms and conditions of this Task Order Contract which may required continued performance, compliance,or effect beyond the termination date of this Task Order Contract and shall survive such termination date and shall be enforceable by CDPHE as provided herein in the event of failure to perform or comply by the Contractors. 18. Contractor shall comply with Federal Contract Clauses of Contract HHSF22301000059C incorporated herein by this reference,made a part hereof,and attached hereto as Attachment A-2. 19. Contractor shall comply with Enforcement Guidelines incorporated herein by this reference,made a part hereof,and attached hereto as Attachment A-3. To be attached to CDPHE Page 4 of 4 Revised: 12/19/06 Task Order v1.0(11/05)contract template Attachment A-1 Commonly Used Acronyms And Abbreviations In The State Tobacco Education and Prevention Partnership (STEPP)Program That May Be Referenced In The Scope of Work: ACS-American Cancer Society ACNS-Alamosa County Nursing Service ADA-Americans with Disabilities Act A DAD-Alcohol and Drug Abuse Division ADP-Automatic Data Processing ADP/TC-Automatic Data Processing/Telecommunications Contract AHA-American Heart Association AIDS-Acquired Immune Deficiency Syndrome AIS-Automated Information Systems ALA(C)-American Lung Association(of Colorado) AMCHP-Association of Maternal Child Health Programs ANR-Americans for Non-Smokers' Rights ARC-Addiction Recovery Centers ARRA-American Recovery and Reinvestment Act ASC-Adams State College ASSIST—American Stop Smoking Intervention Study ASTHO-Association of State and Territorial Health Office B&G-Boys&Girls BACCHUS-BACCHUS Peer Education Network BAG-Build a Generation BBLHC-Boulder Broomfield Latino Health Coalition BC-Boulder County BCHD-Bent County Health Dept BCPH-Boulder County Public Health BCPHA-Baca County Public Health Agency BCDSS-Baca County Dept Social Services BCTEPP-Bent County Tobacco Education Prevention Partnership BGC-Boys&Girls Club BGCMD-Boys&Girls of Metro Denver BHS-Broomfield High School BMTF-Baby&Me Tobacco Free BOCES-Board of Cooperative Educational Services BOIL-Board of Health BUSS-Behavioral Risk Factor Surveillance System BVBAG-Buena Vista Build a Generation BVSD-Boulder Valley School District C-Choice CASB-Colorado Association of School Board CB—Community-based System CBO-Community-based Organization CC-Clear Creek CC-Custer County CCAP-Larimer County Child Care Assistance Program CCCHE-Colorado Community Coalition for health Equity CCGC-Colorado Clinical Guidelines Collaborative CCMC-Colorado Clinical Managed Care Network CCPD--Cancer,Cardiovascular,and Pulmonary Disease CCIAA-Colorado Clean Indoor Air Act CCTCI-Colorado Chew Tobacco Collaborative Initiative CCTEPP-Custer County Tobacco Education Prevention Partnership CDC-Centers for Disease Control CDE-Colorado Department of Education CDPHE-Colorado Department of Public Health and Environment CEC-Career Education Center CEO-Chief Executive Officer Page 1 of 5 Attachment A-1 CFFC-Colorado Foundation for Families and Children CFR-Code of Federal Regulations CHIN-Community Health Information Network CMC-Colorado Mountain College CMS-Creative Media Solutions CNCC-Colorado Northwestern Community College CNS-County Nursing Service CO-Colorado COPAN-Colorado Physical Activity and Nutrition Program COTR-Contracting Officers'Technical Representatives CPHA-Colorado Public Health Association CRUE-Culturally Responsive Urban Education CSAP-Colorado Student Assessment Program CSH-Coordinated School Health CSO-Colorado State University CSU-P-Colorado State University-Pueblo's CTEPA-Colorado Tobacco Education and Prevention Alliance CTFK-Campaign for Tobacco-Free Kids CTRP-Colorado Tobacco Research Program CTP-Crossroads Turning Point CU-University of Colorado,Boulder CWCCI—Colorado Women's Cancer Control Initiative CY-Contract Year DASH-Division of Adolescent&School Health (CDC) DCAS/DLA-Defense Contract Administration Services/Defense Logistics Agency DCMH-Delta County Memorial Hospital DHS—Department of Human Services DHFIS-Unites States Department of Health and Human Services DOR-Department of Revenue DOS-Delta Opportunity School DSS-Department of Social Services E&I-Education and Information EAP-Employee Assistance Program ECCLC-Early Childhood Council of Larimer County E.D.-Executive Director EMT-Emergency Medical Technicians EPA-Environmental Protection Agency EPE-Epidemiology Planning and Evaluation ETS-Environmental Tobacco Smoke(a.k.a.secondhand smoke) FAR-Federal Acquisition Regulation FIRC-Family and Intercultural Resource Center FICA-The Federal Insurance Contribution Act FDA—Food and Drug Administration FPP-Family Planning Program FRCC-Front Range Community College FTE-Full Time Employee FY-Fiscal Year FYI-Family Youth Initiatives GASO-Great American Smokeout GASP CO-Group to Alleviate Smoking Pollution of Colorado Get REAL(GR)-Resist! Expose Advertising Lies(Youth Empowerment Program) GLBT—Gay,Lesbian,Bisexual,and Transgender HCP-Health Care Program For Children with Special Needs HCYS-Huerfano County Youth Services HHSAR-Health and Human Services Acquisition Regulation HHS-Health and Human Services HIV-Human Immunodeficiency Virus HSL-High School Leadership ID-Identification Page 2 of 5 Attachment A-1 JAC-Juvenile Assessment Center KIS-Keeping in STEPP KMH-Keefe Memorial Hospital KPC-Kevin Patrick Caleum LAHCDHD-Las Animas Huerfano Counties District Health Department LBW—Low Birth Weight LC-Learning Community LGBT-Lesbian,Gay,Bisexual,Transgender LEM-Latinas en Movimiento LHA-Local Health Agency LHD-Local Health Department LLC-Limited Liability Company LRCC-Latino Regional Community Coalition LRPC-Latino a Research and Policy Center LST-Life Skills Training LSTPEN—Latino Statewide Tobacco Prevention and Education Netw LWB-Live Well Broomfield MCHA-Montezuma Housing Authority MCHD-Montezuma County Health Department MCHS-Montezuma-Cortez High School MCRC-Media Campaign Resource Center—CDC MD-Medical Doctor MHCBBC-Mental Health Center Serving Boulder and Broomfield Counties MO-Month MOB-Medical Office Building MOU—Memorandum of Understanding MPH-Master of Public Health MSA—Master Settlement Agreement MUH-Multi-user Housing MYAT-Multi-Disciplinary Youth Assessment Team N/A-Not Applicable NACCHO-National Association of County and City Health Officials NACR—Native American Cancer Research NAQC-North American Quitline Consortium NASBE-National Association of State Board of Education NCHD-Northeast Colorado Health Department NCI-National Cancer Institute NE-North East NFP-Nurse-Family Partnership N IDA-National Institute on Drug Abuse NIH-National Institute of Health NJH-National Jewish Medical and Research Center N-O-T-Not-on-Tobacco,(ALA's Youth Smoking Cessation Program) NPP-Nurturing Parenting Program NRT-Nicotine Replacement Therapy NSBA-National School Boards Association OSH-Office on Smoking or Health (CDC) OTC-Over the Counter PAC-Prevention Awareness Crew PACT-Partners Assessing Chew Tobacco PCCHD-Pueblo City-County Health Department PPC-Personal Care Providers PEN-Parent Engagement Network PHN-Public Health Nurse PIO-Public Information Officer PM-Peer Mentor PMC-Parkview Medical Center PPC-Policy Partner Committee PPFC-Pikes Peak Family Connections Page 3 of 5 Attachment A-1 PPN-Prevention Policy Network PRA-Policy Resource Alliance PRAMS-Pregnancy Risk Assessment and Monitoring Survey PRIDE-Pure Respect Initiative Direct Education PSD-Prevention Service Division PTEPP-Pueblo Tobacco Education and Prevention Partnership PVC-Prairie View Clinic QI-Quarter One Q2-Quarter Two Q3-Quarter Three Q4-Quarter Four RDAC-Regional Disparities Advisory Council RFA-Request for Applications RFP-Request For Proposals RIE-Reach,Implementation and Effectiveness RIHEL-Regional Institute for Health and Environment RMC-Rocky Mountain Center for Health Promotion&Education RMRH-Rocky Mountain Rural Health RMYC-Rocky Mountain Youth Corps RY-Reconnecting Youth SAMHSA-Substance Abuse Mental Health Services Administration SB—School-based System SBAG-Salida Build A Generation SBHC-School-Based Health Centers SCYC-School Community Youth Coalition SCRHC-Southern Colorado Regional Health Collaborative SECH-Southeast Colorado Hospital SEMHS-Southeast Mental Health Services SES—Socio-Economic Status SEW-School Employee Wellness SGR—Surgeon General's Report SHAC-Smoke-free Housing Action Committee SHI-School Health Index SHS-Secondhand Smoke SIDS-Sudden Infant Death Syndrome SLV-San Luis Valley SMART-Staying Motivated at Reducing Temptations SMART OUTCOME OBJECTIVE-Specific,Measurable,Achievable,Realistic,Time-Bound STD-Sexually Transmitted Disease STEPP-State Tobacco Education and Prevention Partnership STW-Straight-to-Work SVVSD-St.Vrain Valley School District SWOT-Strengths,Weaknesses,Opportunities,Threats SYNAR-Synar Regulation TA-Technical Assistance TABS-Tobacco Attitudes and Behavior Survey TAG-Technical Advisory Group(for evaluation&TPEG) TANF-Temporary Aid to Needy Families TARP-Tobacco Advocacy and Resource Partnership TBD-To Be Determine TCP-Tobacco Control Partners TDAC-Tobacco Disparities Advisory Council TDG-Tobacco Disparities Grant TDS-Tobacco Disparities Subcommittee TEACH-Teaching Equity to Advance Community Health TEFAP-The Emergency Food Assistance Program TEPP-Tobacco Education Prevention Partnership TFLC-Tobacco Free Larimer County TES-Tobacco-Free Schools Page 4 of 5 Attachment A-1 TFS Law-Tobacco-Free Schools Law TGYS-Tony Grampsas Youth Services TND-Project Toward No Drug Abuse TPEG-Tobacco Program Evaluation Group TPI-Tobacco Prevention Initiative TRC-Tobacco Education and Prevention and Cessation Program Review Committee TRI-Tobacco Rapid Improvement Activity TRIA-Tobacco Rapid Improvement Assessment YSAP-Youth Substance Abuse Prevention Coalition TTI-Tony Grampsas Tobacco Initiative UCD-University of Colorado—Denver UCDHSC-Heath Sciences Center at UCD(sometimes abr.UCHSC) UCDHSC-University of Colorado at Denver and Health Sciences Center USC-United States Code USHHS-United States Health and Human Services USSTC-US Smokeless Tobacco Company VP-Vice President Well COA—Wellness Councils of America WIC—Women,Infants,Children Y@C-Youth at Crossroads YE-Youth Empowerment YPH-Youth Partnership for Health YT-Year YRBS-Youth Risk Behavior Survey YTS-Youth Tobacco Survey YVMC-Yampa Valley Medical Center 5 A's—Ask,Advise,Assess,Assist,Arrange 2A's R-Ask,Advise,Refer Page 5 of 5 Federal Contract Clauses of Contract HHSF22301000059C Attachment A-2 These are federal requirements mandated by Contract HHSF22301000059C between USHHA FDA and CDPHE. SPECIAL CONTRACT REOURIEMENTS I. HHSAR 352.224-70 Confidentiality of Information (JAN 2006) (a) Confidential information, as used in this clause, means information or data of a personal nature about individual, or proprietary information or data submitted by or pertaining to an institution or organization. (b) In addition to the types of confidential information described in paragraph(a) of this clause, information which might require special consideration with regard to the timing of its disclosure may derive from studies or research, during which public disclosure of preliminary invalidated findings could create erroneous conclusion which might threaten public health or safety if acted upon.. (c) The Contracting Officer and Contractor may,by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the Contracting Officer and the Contractor may,by mutual consent. identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the"Disputes" clause. (d) If it is established elsewhere in this contract that information to be utilized under this contract, or a portion thereof, is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act. (e) Confidential information, as defined in paragraph(a) of this clause, that is information or data of a personal nature about an individual,or proprietary information or data submitted by or pertaining to an institution or organization, shall not be disclosed without the prior written consent of the individual, institution, or organization. (g) Written advance notice of at least 45 days will be provided to the Contracting Officer of the Contractor's intent to release findings of studies or research, which have the possibility of adverse effects on the public or the Federal agency, as described in paragraph(b)of this clause. If the Contracting Officer does not pose any objections in writing within the 45-day period, the Contractor may proceed with disclosure. Disagreements not fcsolved by the Contractor and the Contracting Officer will be settled pursuant to the "Disputes"clause. Page 1 of 9 Federal Contract Clauses of Contract HHSF22301000059C Attachment A-2 (h) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject obtain a written clause, the Contractor should obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication. (i) Contracting Officer determinations will reflect the result of internal coordination with appropriate program and legal officials. W The provisions of paragraph(e) of this clause shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State or local laws. II. FDA 1350 Access To Non-Public Information All contractor and subcontractor employees are required to sign the Contractor's Commitment to Protect Non-Public Information agreement form provided as an attachment to this contract(Attachment A-2-A). If a person who has signed this agreement resigns, is dismissed, or is otherwise no longer working on this contract, the contractor shall notify the FDA COTR and Contracting Officer. Any new contractor and subcontractor employees assigned to this contract shall sign the form, and the contractor shall deliver it(ten(10) days prior to commencement of work)to the Contracting Officer. The prime contractor, subcontractors, and consultants shall not be provided nor possess non-public information in any form unless written approval and a facility clearance have been granted. Briefings A FDA representative(typically, the COTR)will conduct an orientation briefing for the contractor/contractor employees. The briefing will stress: (1) the importance of protecting non-public information; (2) specified computer/ADP requirements as outlined in the DHHS Automated Information Systems Security Program Handbook; and(3) the consequences of unauthorized disclosure of non-public information. Briefing updates will be conducted annually. The contractor shall brief all contractor employees, subcontractors and consultants regarding the sensitivity of the information to be handled under the contract and of the responsibility to protect it. The briefing shall stress that the information is non- public and shall not be disclosed to any unauthorized source. The contractor shall conduct an updated briefing annually and shall submit a report to the FDA COTAR within ten(10) days after the briefing which includes: and outline of the briefing, a copy of any briefing materials, date briefing was conducted and the names of the attendees. Page 2 of 9 Federal Contract Clauses of Contract HHSF22301000059C Attachment A-2 If this is an automated data processing/telecommunications (ADP/TC) contract, in addition to the above briefings, the FDA COTR and the FDA Center/Office Information Systems Security Officer(ISSO) will brief contractor and subcontractor personnel and consultants on security measures required pertinent to any hardware/software being utilized. Furthermore, appropriate contractor and subcontractor personnel and consultants shall attend training courses as directed by the FDA to fulfill requirements of the Computer Security Act of 1987. These courses are generally one (I) day in length; and attendance at one (1) course is sufficient. This training will be provided at no cost to the contractor. III.— FDA 1354 Physical Security Requirements for Releasing Non-Public Information Under the provisions of Title 21, United States Code, Section 331 (j), the contractor shall establish and maintain comprehensive security measures for controlling access to non-public information released under a contract involving the processing of such information. This clause applies to the contractor, any subcontractors, and any consultants. Non- public information will be released to only persons who will be using the contractor's approved facility unless the off-site facility has been reviewed by the FDA Physical Security Staff and approved in writing by the FDA Physical Security Office. For transmittal of documents the contractor shall adhere to the following: 1. Documents to be transmitted internally shall be transmitted on a person-to-person basis between approved employees only. 2. Documents to be transmitted outside the contractor's facility shall be double- wrapped with the inner wrapping marked"FDA Privileged Information—Access Controlled". The names and addresses of the sender and addressee shall be typed on both the inner and outer wrappings. 3. Documents to be transmitted back to the FDA or to another address designated by the FDA shall be transmitted by an approved employee or by U.S. Registered mail (return receipt requested). It shall be double-wrapped or wrapped by such a method as specifically approved in writing by the FDA Physical Security Office. 4. A receipt log shall be maintained for all external transmittals. 5. The contractor shall follow up all transmittals in order to obtain signed receipt within five(5)working days of transmittal. Failure of recipient to furnish such receipt shall be reported to the FDA Physical Security Office within ten (10) working days of transmittal. Page 3 of 9 Federal Contract Clauses of Contract HHSF22301000059C Attachment A-2 No non-public information will be released to the contractor unless all required security precautions have been met as demonstrated during an inspection by the Food and Drug Administration(FDA) Physical Security Staff), and written procedures for enforcing them have been provided by the contractor and approved in writing by the Physical Security Staff. The FDA Physical Security Office will notify the contractor of the approval. When the contractor facilities have a current certification from the Defense Contract Administration Services/Defense Logistics Agency(DCAS/DLA) as a"Secret"or higher classification, such rating will satisfy the FDA security requirements for the contractor's facility. Loss of such certification during the period of the contract will be cause for a possible issuance of a Stop Work Order pending review by the FDA's Physical Security Staff of the contractor's facility. The contractor shall notify the FDA Physical Security Office in the event their DCAS/DLA rating is expected to be terminated. Pending the outcome of any subsequently required investigation, additional requirements on the contractor shall include,but not be limited to, the following: restrictions on access to data by contractor employees, subcontractor employees, and consultants; special storage requirements; restrictions on transmission and disclosure of information; changes in periods of retention and in methods of destruction of source documents or related material; and disclosure statements for all contractor employees, subcontractor employees, and consultants. The FDA Physical Security Staff may review the contractor's facility and assess the contractor's compliance. Recommendations for bringing noncompliant areas into compliance will be provided to the contractor by the FDA Physical Security Office. The Contractor shall make any changes necessary within thirty(30)days after written notice from the FDA Physical Security Office in order to comply with FDA security requirements. When appropriate changes have been made the Contractor shall contact the FDA Physical Security Office to request further review by the FDA. The FDA Physical Security Office will notify the Contractor in writing of the outcome of the second inspection. Failure of the contractor to satisfy FDA security requirements within thirty(30) days after the first written notification from the Contracting Officer may be cause for termination of the contract. The contractor shall designate a Security Representative to act as liaison between the contractor and the FDA on all security-related matters. This includes personnel changes, personnel terminations, disciplinary actions, etc. The name of the Security Representative shall be provided in the offeror's proposal. In addition to the above, if this is an automated data processing/telecommunications (ADP/TC) contract, special requirements are necessary. Contractor and subcontractor employees and consultants participating in the design, operation, maintenance or use of FDA automated information systems or ADP/TC resources shall comply with the Page 4 of 9 Federal Contract Clauses of Contract HHSF22301000059C Attachment A-2 DHHS Automated Information Systems Security Program Handbook. Chapter VII, entitled, "Personnel Security/Suitability and Training,"which established criteria for assigning positions to the three (3) computer/ADP position risk levels: Level 6,high risk public trust position; Level 5, moderate risk public trust position; and Level 1, low risk position. Chapter VIII, entitled, "AIS Facilities,"requires contractors to meet or exceed the security requirements described therein. IV. Commissioning of Inspectors The Government shall require that certain Contractor personnel be commissioned by the Government to enable the Contractor to conduct activities under this contract including, but not limited to,undertaking examinations, inspections, and investigations, and related activities to protect the public health in accordance with federal law, such as the provisions of"Public Health Security and Bioterrorism Preparedness and Response Act of 2002' (Public Law 107-188). The Government has an established procedure to commission the Contractor's employee to perform certain functions pursuant to the Federal Food, Drug, and Cosmetic Act, such as conducting FDA examinations, inspections, and investigations, collecting and obtaining samples, copying and verifying records, and receiving and reviewing official FDA documents (see Government's Regulatory Procedures Manual, Chapter 3). The Government also has an alternate commissioning process upon which it may rely to commission a Contractor's employee. The alternate process streamline the routine commissioning process. In the streamlined commissioning process, the Government may rely on the Contractor's agency head certification (see Attachment 3, for"Contractor Certificate and Government Grant of Commission" form) that the Contractor has determined that the individual being considered for the Government commission: (1)meets the requirements the Contractor has established to credential its own officer to carry out State government regulatory or enforcement responsibilities, (2)has provided the Contractor with a written assurance that the individual understands the importance of maintaining confidentiality of non-public information created or obtained under this contract, and will comply with the above clauses in this section("Special Contract Requirements") regarding confidentiality, (3) has provided the Contractor with a written assurance that the individual will not use information created or obtained under this contract to further the individual's private interests or the interests of any other person, (4) has provided the Contractor with a written assurance that the individual has no personal financial interest or any other financial or business relationship with any person operating in the specific program area(s) in which the Contractor would grant authority to the official as a credentialed officer and (5)meets the requirements of the Government's commissioning procedures. Upon review of the signed certificate, the Government may grant the commission by signing the "Contractor Certification/credential will be issued when using Government Grant of Commission procedure. In those cases where the Government chooses not to rely on the signed Page 5 of 9 Federal Contract Clauses of Contract HHSF22301000059C Attachment A-2 certification, the Government is not precluded from considering the commissioning of the individual by FDA's routine commissioning process. Page 6 of 9 Federal Contract Clauses of Contract HHSF22301000059C Attachment A-2 52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address (es) : http: //www.arnet .gov/far A. Federal Acquisition Regulation (FAR) (49 CFR Chapter 1) Clauses FAR 52.202-1 Jul-04 Definitions FAR 52.203-3 Apr-84 Gratuities FAR 52.203-5 Apr-84 Covenant Against Contingent Fees FAR 52.203-6 Sep-06 Restrictions on Subcontractor Sales to the Government FAR 52.203-7 Jul-95 Anti-Kickback Procedures Cancellation, Rescission, and FAR 52.203-8 Jan-97 Recovery of Funds for Illegal or Improper Activity FAR 52.203-10 Jan-97 Price or Fee Adjustment for Illegal or Improper Activity Limitation on Payments to FAR 52.203-12 Sep-07 Influence Certain Federal Transactions FAR 52.205-13 Dec-08 Contractor Code of Business Ethics and Conduct FAR 52.203-14 Dec-07 Display Hotline Posters) FAR 52.204-4 Aug 00 Printed or Copied Double- _� Sided on Recycled Paper FAR 52.204-7 Apr-08 Central Contractor Registration Protecting the Government's Interests When Subcontracting FAR 52.209-6 Sep-06 With Contractors Debarred, Suspended, or Proposed for Debarment Audit and Records - FAR 52.215-2 Mar-09 Negotiation PAR 52.215-8 Oct 97 Order of Precedence - Uniform Contract Format Page 7 of 9 Federal Contract Clauses of Contract HHSF22301000059C Attachment A-2 I j -duction for Defective FAR 52.215-10 Oct-97 Cost or Pricing Data (Over $650,000) ___ Pension Adjustments and Asset FAR 52.215-15 Oct 04 Reversions �� Reversion or Adjustment of Plans for Post-Retirement FAR 52.215-18 Jul-05 Benefits (PR13) other than Pensions Notification of Ownership FAR 52.215-19 Oct-97 Changes Requirements for Cost or Pricing Data or Information FAR 52.215-21 Oct 97 Other Than Cost or Pricing Data - Modifications FAR 52.216-5 Oct-97 Price Redetermination - Prospective Allowable Cost and Payment modify paragraph (a) The FAR 52.216-7 Dec-02 words 31.2 and substitute 31.6 Utilization of Small Business FAR 52.219-8 May-04 Concerns FAR 52.222-3 Jun-03 Convict Labor FAR 52.222-26 Mar-07 I £q'i,a1 Opportunity Equal Opportunity for Special Disabled Veterans, Veterans FAR 52.222-35 $ep_Ob of the Vietnam Era, and Other Eligible Veterans - Affirmative Action for FAR 52.222-36 Jun-98 Workers with Disabilities 4- Employment Reports on Special FAR 52.222-37 Sep-06 Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans __ _ _.r Combating Trafficking in FAR 52.222-50 Feb-09 Persons --I Employment Eligibility FAR 52.222-54 Jan-09 Verification FAR 52.223-6 May-01 Drug-Free Workplace Toxic Chemical Release FAR 52.223-14 Aug-03 Reporting FAR 52.225-1 , Feb-09 Buy American Act - Supplies • Restrictions on Certain FAR 52.225-13 Jun-08 Foreign Purchases FAR 52.227-1 Dec-07 Authorization and Consent Notice and Assistance FAR 52.227-2 Dec-07 Regarding Patent and Copyright Infringement FAR 52.229-3 Apr_03 Federal, State and Local Taxes FAR 52.232-1 Apr-84 Payments FAR 52.232-8 Feb-02 Discounts for Prompt Payment FAR 52.232-9 -4Limitation on Withholding of Apr-84 Payments FAR 52.232-i1 Apr-84 Extras . Page 8 of 9 Federal Contract Clauses of Contract HHSF22301000059C Attachment A-2 FAR 52.232-17 Oct 08 Interest FAR 52. 232-20 Apr-84 Limitation of Cost FAR 52.232-23 Jan-86 Assignment of Claims FAR 52.232-25 Feb-02 PrcTnpt Payment (ALT I) Payment by Electronic Funds FAR 52.232-33 Oct-03 Transfer--Central Contractor Registration FAR 52.233-1 Jul-02 Disputes FAR 52.233-3 Aug-96 pr. test-_ After Award Applicable Law for Breach of FAR 52.233-4 Oct 04 Contract Claim Notice of Intent to Disallow FAR 52.242-i Apr 84 Costs Changes - Cost Reimbursement FAR 52.243-2 Apr-84 Alternate I (Apr 1984) FAR 52.245-1- Jun-07 Government Property FAR 52.246-25 Feb 97 Limitation of Liability - Services Termination for Convenience FAR 52.249-4 Apr-84 of the Government (Services) (Short Form) FAR 52.253-1 Jan-91 Computer Generated Forms HHSAR 352.202-1 Jan-06 Definitions Confidentiality of HHSAR 352.224-70 Jan-06 Information Withholding of Contract HHSAR 3S2.232-9 Jan-06 Payments HHSAR '352.249-14 Jan-06 Excusable Delays fRSAR 352.270-4 Jan-01 pricing. of Adjustments HHSAR 352.270-6 - Jan-06 Publications and Publicity HHSAR 352.270-7 Jan-06 Paperwork Reduction Act HHSAR 352.270-10 Jan-06 . Ant.-Lobbying Page 9 of 9 Attachment A-2-A DEPARTMENT OF HEALTH AND HUMAN SERVICES Pubk Health Service F000 AND DRUG ADMMNSTRATtON CONTRACTOR'S COMMITMENT TO PROTECT NON-PUBLIC INFORMATION(NPI)AGREEMENT Whereas access to non-public information(NPI)from the files of the Food and Drug Administration 2 ;FDA)is required in the performance of my official duties,under Contract Number PO F �� 11,9,39 `� and between FDA and my employer, Ui 1 Cis (P t)hliti &0 V- ✓VI)1'1-C/N T- t.J YJ A ILK Ci L&Ja 1 16.C.‹.., .hereby agree that I shall not further release,publish or disclose such information and I shall protect such information entrusted to me in accordance with the provisions of 21 U.S.C.§3310),21 U.S.C.§3600),18 U.S.C.§1905,as well as other applicable statutory and regulatory provisions. Further,I agree to: } 1.Store NPi in the secured offices of the FDA or in FDA approved contractor facility containers if work is cerformed off an FDA site. 2.Grant access to NP,only to known,employees of the FDA or to other persons designated in writing by the FDA. 3. Return at NPt and any pertinent notes to the FDA Project Officer I am assigned to upon completion of the contract,or at any time upon the FDA's request. 4.Report in writing to the FDA Protect Officer I am assigned to.ail incidents in which unauthorized persons may have gained access to eny NPI entrusted to me. I understand the provisions of 21 U.S.C.§3310.21 U.S.C.§3800).18 U.S.C.§1905 and that tam subject to criminal penalties prescribed by law for any:notation thereat. �l Signature: ) .A / � ea4, Date: I 0 -1 7 01 C) Type or Print Name:M u 1L K , in Q 1 1 a C:-e__ } L Witnessed by: 9,1� ,n /_ if 9.t, Oaf: io / LI //61" 1 Type or Print Name: -3-. 1. <�I�1 11 • hie r c7 1 1jt _ C Page 1of1 Attachment A-3 Enforcement Guidelines 1. Objectives. a. To enforce section 907(a)(1)(A)and section 911 of the Federal,Food,Drug, and Cosmetic Act(FDCA)and the regulations reissued under 21 CFR Part 1140 with respect to tobacco retail establishments b. To conduct inspections in retail establishments that sell and advertise cigarettes and smokeless tobacco products to determine compliance with the provisions cited above and submit observations and inspection results to CDPHE and FDA. c. To collect, document, and preserve evidence of inspections and/or investigations. d. To assist CDPHE and FDA in any enforcement or judicial actions, including coordinating the drafting and execution of declarations by the officers and minors who participated in inspections, and arranging for their testimony, if necessary, and furnishing evidence. e. To coordinate with CDPHE on responses to press inquiries and press announcements on the FDA program and its results. f To assist in responding to any inquiries from FDA, including retailer questions concerning inspections,as necessary. 2. Commissioned Officers. The contractor shall conduct inspections using law enforcement, health,food,or drug officers or employees of local or tribal government,which may include employees who are hired expressly for the purpose of conducting these inspections. These individuals must be United States citizens and commissioned as officers of the United States Department of Health and Human Services,Food and Drug Administration,under the authority of the Federal Food,Drug,and Cosmetic Act. The contractor shall submit to CDPHE and FDA the elements required in their employee background checks. The background checks must include, at a minimum,all criminal and driving records. The contractor shall submit name(s)of individual(s)to CDPHE for commissioning upon award or as soon as those individuals are identified. In addition, all commissioning and training documentation must be completed by the contractor within 5 business days. The contractor shall coordinate with CDPHE to ensure that individuals have appropriate and adequate background checks. It is incumbent upon each commissioned officer and contractor to immediately notify CDPHE if an officer is arrested and/or is involved in any misconduct. 3. Commissioned Officer/Minor Information. The contractor shall provide CDPHE with a list that includes the following information for each commissioned officer: name,unique ID number,and duty location. The contractor shall provide CDPHE with a list that includes the following information for each minor: unique ID number,and initials. 4. Contractor Responsibilities Regarding Minors. The contractor shall ensure that the minor is within the required age range(see Inspections)by obtaining a copy of his/her birth certificate and minor's identification(if available) and an original parental consent form.The contractor shall obtain a picture of the minor on each day the minor conducts inspections,to ensure that the minor's Page 1 of 5 Attachment A-3 appearance is not misrepresenting his/her age. The contractor must obtain permission from the minor's school if the minor is going to conduct inspections during school hours. The contractor will maintain the confidentiality of the minor,although, in the event of a possible enforcement or judicial action,the minor's identity may be revealed and the minor may need to provide a declaration or testify. This information must be contained in the parental consent form. All minors selected must be insured against accidents or other injuries. If the minors are not covered under the contractor's policy,the contractor shall purchase the insurance. 5. Conflicts of Interest. Individuals conducting inspections and/or responsible for compliance information shall not have a significant financial interest in any of the establishments that he or she investigates. Examples of significant financial interest include owning stock in the company that owns the establishment,or employment of a close family member by the company that owns the establishment. Ownership of shares of a mutual fund that invested in such company Is not considered a significant financial interest. 6. Retail Inspection Program Training. FDA or CDPHE or an appointed representative will train or provide training for contractors. Commissioned officers should complete their initial training within two weeks before conducting inspections.The contractor must insure that all parts of the full FDA training program are followed as prescribed. 7. Training for Minors. Minors shall be trained by the contractor.The training program will include mock inspections so newly recruited minors may observe experienced minors conducting inspections before conducting them on their own. 8. Training Records and Annual Refresher Training. Each contractor and minor shall have the initial training documented with a certificate of completion. Each contractor shall receive annual refresher training. CDPHE will consider requests for additional training by the contractor. 9. Selection of Retail Establishments for Inspection. The contractor shall coordinate with CDPHE to decide which locations shall be inspected from the list of retail establishments and through other means that supplement the retail list. The establishments to be inspected must sell cigarettes or smokeless tobacco products. CDPHE may ask the contractor to conduct inspections in specific areas at certain times. CDPHE expects the contractor to conduct inspections in a variety of different types of outlets throughout the identified region. For each establishment inspected,the commissioned officer shall verify the name and address of the establishment and record all inspectional information pertaining to that visit before proceeding to the next retail establishment. The contractor must evenly distribute inspections throughout the contract period.An inspection will be considered completed once all fields on the inspection reports have been completed. Page 2 of 5 Attachment A-3 10. Entities Not Included on Retail Lists. Entities that sell cigarettes and/or smokeless tobacco that are not on the contractor's retail list shall be added to the list.The contractor shall notify CDPHE to add entities to the list. 11. FDA Information Technology(IT)System. CDPHE will issue equipment to contractors prior to the required inspections for commissioned officers to use and immediately collect information during the inspection while in the field and to submit the data to FDA's designated IT system within 24 hours. FDA's Tobacco inspection IT system is designed to receive, store, analyze the data,and generate reports. CDPHE will work with the contractor to ensure that designated staff are able to access the IT system,the IT equipment and that the application is properly set up, including the ability to generate inspection assignments from retailer lists,submit inspection information to CDPHE and FDA,and access appropriate data for the contractor's inspectional and reporting needs. The contractor must notify CDPHE immediately of any hardware and software problems so that CDPHE can work with the contractor to resolve them. The contractor shall ensure procedures and standards for data and evidence security. This should include but is not limited to ensuring anonymity of the inspection participants, confidentiality of data and evidence collection,transmission,and storage of property and evidence. 12. Inspections. a. Overview. The contractor shall arrange inspections of entities that sell or advertise cigarettes and/or smokes tobacco products to determine whether these entities are complying with the Tobacco Control Act. When appropriate,the contractor will use minors to conduct the inspections. b. Inspections Involving Minors. Inspections to determine retailer compliance with the youth access provisions of the regulations shall generally be conducted by teams comprised of a commissioned officer accompanied bya minor following the FDA protocol. The minors used in the inspections must not be related to the commissioned officers. To the extent possible,a substantially equal mix of 15, 16, and 17 year old minors who look their age should be used.The minor group should also reflect a substantially equal mix of male and female minors and should reflect the racial/ethnic composition of the population where the inspection is conducted. The minor must carry a valid photo identification,must present identification if it is requested,and must answer truthfully if a retail clerk asks his or her age. Inspections using minors shall be conducted during the hours deemed safe by the contractor. c. Other Inspections/Surveillance. Page 3 of 5 Attachment A-3 Inspections to determine compliance with provisions of the Tobacco Control Act and the regulations covered under this contract, other than youth access,may be conducted by the contractor either at the same time as the inspections using minors, or at a separate time using one commissioned officer. d. Follow-up Inspections for Non-compliance. Follow-up inspections for establishments found to be out of compliance will be scheduled by the contractor within 90 days of receipt of the follow-up inspection request from FDA. e. Other Directed Inspections and Investigations. Specific inspections and investigations assigned by CDPHE and FDA will be scheduled on a date agreed upon by the contractor and CDPHE,but no later than 90 days after assigned. f. Data Transmission. CDPHE,prior to the required inspections, shall supply the contractor with a handheld or similar electronic devices and software required for recording information related to each inspection. This software will allow commissioned officers to record details of the inspection and generate the inspection report required by CDPHE.All fields included on the electronic inspection form are required,although the required information be completed in more than one retailer visit. 13. Inspection Reports and Enforcement Actions. a. Inspection Reports: Violations. All inspection submissions that include a finding of a violation must be submitted electronically within 24 hours after the inspection was completed. All required information,including documentation of evidence, must be submitted electronically using the IT system designated to receive and process inspection information. Evidence shall have been collected as instructed in training and stored by the contractor following FDA chain of custody procedures outlined in training. If the establishment is found to be out of compliance,the contractor shall supply the name of the owner for that retail establishment or entity. If the owner is a corporation,the contractor shall supply the name of the corporation,not a branch manager or corporate executive. If the owner is an individual,the contractor shall supply the first and last name. This may be done after the inspection,but must be done before a second inspection occurs. The source of the ownership information must be provided as well and shall be documented in each case file. Evidence shall be collected and documented to support each violation identified by the commissioned officer. b. Inspection Reports:Non-violations. The contractor shall assure that all other inspection reports contain all applicable information as required and are submitted electronically within 24 hours of each inspection to CDPHE and FDA. The contractor shall maintain the original records and evidence of its files for FDA for five years. If the tobacco inspection contract expires before the five-year period, Page 4 of 5 Attachment A-3 instructions for transfer will be provided during contract close out.These files,which are considered FDA files subject to Federal Freedom of Information Act requirements, shall be properly secured,and maintained in separate and apart from other files. c. Inspection Follow-up—FDA inquiries. Within 48 hours of receiving a request from FDA or CDPHE(unless citing of extenuating circumstances),the contractor shall provide FDA and CDPHE information about inspections and investigations. For example,FDA may receive questions from retailers concerning inspections at their establishments that may require clarification. d. Enforcement Actions. The contractor shall assist FDA and CDPHE with enforcement actions and other related follow-up to the inspections. In addition,the officer and minor must remain available for declarations and testimony following any given inspection; the contractor shall be responsible for securing prompt and continuation cooperation from witnesses. Each commissioned officer shall have Internet access including an e-mail account. 14. Quarterly Reports: a. The contractor shall submit progress reports in accordance with Additional Provisions, Exhibit A. In addition,these reports shall include: 1) A quantitative description of overall progress and applicable supporting data in sufficient detail to comprehensively explain progress to date. Appropriate topics include, for example: Number of inspections conducted on-site Number of follow-up inspections conducted Number of inspections conducted in response to concerned citizen reports Number of follow-up questions answered concerning inspections;number pending and reasons why Geographic areas where checks were conducted Media coverage,if any 2) Indication of any current problems which may impede performance and proposed corrective action.Appropriate topics include, for example: Description of hiring/retention problems Unexpected problems/concerns 3) A discussion of the work to be performed during the next reporting period.This section shall include,for example: Areas where inspections will be conducted during the next quarter A plan describing how inspections will be divided among the region Page 5 of 5 EXHIBIT B STATEMENT OF WORK To Task Order Contract Dated 09/30/2010-Contract Routing Number 11 FLA 23935 These provisions are to be read and interpreted in conjunction with the provisions of the Task Order Contract specified above. 1. The Contractor,in accordance with the terms and conditions of this contract,shall perform and complete,in a timely and satisfactory manner,all activities described in the approved Work Plan/Scope of Work that is attached hereto as Attachment B-1 and incorporated in accordance with the associated Budget which is attached hereto as Exhibit C and incorporated herein. 2. The Contractor will be required to participate in meetings or trainings as requested by the CDPHE. To be attached to CDPHE Page 1 of 1 Revised: 12/19/06 Task Order v1.0(11/05)contract template N E Ty � O EO - 0 v CU 0 LL. CC6 00) cl u o to h d . , a+ a'�+ 0 _ a Q C O A 0 a0i y E w '0 F E > o E X 0 0. u u a p u ot c-) c, uco — 0 a- o a O 0 v co " a0. 0 Li 0 H d 0. aCY, 5ra a. m . a d 'o A ., O'. C U O ... C •d O A O , o et C O to DI, a-+ O 1 O V - a u d O O O C yi u0 a et: a a c a .,, x us 4-. 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C v c o -0 O .D n. yr'",� a, - a N y c of CL N F ai ° ; 10 > 'a a a ¢ o C O h ti 0 v > d' d' C O CV0 <f' d' d' a a E ao a a a E O L O o C b L .9 W f 3 v v v v L L45 U 0 0 VI O O O v > U, U L f0 L O O' E v v 7 w W wO N C C O u y C yr X ce) N. R v C vo >, n. s— o- " O v E v ca N v • R W - v A L G U •C C O Cr v O L O 'ON E a. O y0 N D, y .'j u u U .V " C R C RI N N uj c0 C a o v 3 R F H .xna C. E cn C O O C ^` GO R E O E W E = o c... b E Q ,, a.a. "c a. E. v U M t C C P• ` i N M 7CJ VI 4.9 N L Q Ql cd 'C 3 'C DU CO Attachment B-1 Map of Colorado Regions for Tobacco Retail Inspections • SEOGW CK LOGAN MOFFAT JACKSON LARMMEE PHILLIPS A ROUST WELD y MOF:;A11 1 GRAND BOULDER XiO IIC BLA �) WASHINGTON SLIMS H BRDOMFIEI[I 5 GILPIN ADAMS CLEAR CREEK DENVER LaRFIFLD EAGLE SUMMIT ARAPagoE JEFFERSON DOUGLAC ELBERT KIT CARSON 1 PITNIN LANE MESA PARK LINCOLN DELTA EL PASO CHEYENNE CHAFFEE TELLER GUNNI:ON MONTRONE FREMONT gpVA CRONLEv _. _.. OUPAv PUEBLO yAGUACHE CUSTER }AN MIGVfI HINSDALE BENT PROWERS OTERO DOLDEES SAN JUAN � MINERAL HUEREANO RIO GRANDE ALAMOSA MIJN1 ELUMA BAGA COSTILLA LA PLATA LAS ANIMAS ARCHULETA CONEJOS Region Agency Counties Served I Mesa County Health Moffat, Rio Blanco, Garfield, Mesa, Delta, Pitkin, Gunnison, Department Montrose, Ouray, San Miguel, San Juan, Hinsdale, Dolores, Montezuma, La Plata, Archuleta 2 Weld County Larimer, Weld, Broomfield, Adams, Morgan, Logan, Sedgwick, Department of Public Phillips, Yuma, Washington Health and Environment 3 El Paso County Lake, Chaffee, Park, Teller, El Paso, Arapahoe, Elbert, Lincoln, Department of Health Kit Carson, Cheyenne and Environment 4 Jefferson County Routt, Jackson, Eagle, Grand, Summit, Clear Creek, Gilpin, Health Department Boulder, Jefferson, Douglas 5 Denver Environmental Denver Health 6 Pueblo City-County Mineral, Saguache, Rio Grande, Conejos, Alamosa, Custer, Health Department Huerfano, Costilla, Pueblo, Crowley, Otero, Las Animas, Kiowa, Bent, Prowers, Baca, Fremont Page 5 of 5 Ill LLI o § & co w o \ CO \ \ CO ) / 3 3 i C0 us a ) & & 2 ) 7 Z. \ 3 o } � \ g CO\ / 3 10 0 0 / } j u. 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Ci ID ID \ \ O CO CD S } co cc; oi \ \ t CO \ 0) o cu ii a) wo en cri -8 � � \ I- 0 \ \ \ \ \\ a a O1 \ \ \ \ \ \ \ o al_ = g * 7 ° tco - _ - = Z - § # } 0 « / ( { / / \ } f $ ® \ 2 } { ; CL 0 o CL ) § \ 74 ) a co ± \ \ k « * [ \ / _ - CO cn $ f •« t & _O { ) \ \ ) \ ) a0 = \ § - \ \ k ® ) \ \ ( 7 § 77 \ { / ! r # § ± ! = ! : : zE r --o { O _ ° Er0oi : _ = E § ) [ ) $ / § f a ' 7f626f2 } f a = jan o CD CD -0.it C COW LU j / / � j / \ a_ I- O C41 CO C44 0) CV CV t=i co 44 44 44 CL O LO O CV 44t- co o co Lc) CNA ci 0 co \ « / E : CU cf's — \ 2 // « / f \ ECco, j \ \ / \ / k � ER } \ / \ 2 aa £ -c°'- \ } y7 _ c § » 7 \ f ) / 0 _03 C 5 » § / m • = } § \ ) % [ } \ j Cl) \ O.® \ AZ ® � E \ { > 04-. / � ® = \ $ # o : ± f 2 } 0 (/ ) 77 T.6 rl } a « 2f _ \ \ \ \ \ ) / 0_o2 \ } \ \ MI ci) CD CO 0 2 cn § ( ( q -as CL - - - _ —U. § § —I ) \ CO CO ) CO e R I— CI lt MEMORANDUM To: Office of Clerk to the Board of Weld County Commissioners Date: NDVennbelt 1,0) a Of COLORADO From: IQ ! a- 'J.e emote I f s , Health Department Subject: 1O bOCC o COn7TC01 Act Attached to this memo is the finalized contract, amendment to a contract, letter of renewal, change order letter or other document as listed below. Please sign and date below in the designated areas indicating you have received the finalized document and return this signed memo to me in the Administration Division of the Health Department. Thank you for your assistance with the processing of this document. Att. Lid FQm, Iy SmoK/nq 'PRe✓tneh Onl (pcorce.meNT 0 Document Name: V and -TO bocce l on leol ICT Resolution Number: 9010 ,. a q 35 Finalized Document Received By: Arn,, LitSoit,u6 Date Received: I 1 - 1 h`- I w 0 Hello