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HomeMy WebLinkAbout20242365.tiffRESOLUTION RE: APPROVE AMENDMENT #1 TO TASK ORDER CONTRACT FOR RETAIL FOOD, CHILD CARE, AND SCHOOL INSPECTION PROGRAM, 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 Amendment #1 to the Task Order Contract for the Retail Food, Child Care, and School Inspection Program between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Public Health and Environment, and the Colorado Department of Public Health and Environment, commencing July 29, 2024, and ending June 30, 2025, with further terms and conditions being as stated in said amendment, and WHEREAS, after review, the Board deems it advisable to approve said amendment, 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 Amendment #1 to the Task Order Contract for the Retail Food, Child Care, and School Inspection Program between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the 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 amendment. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 9th day of September, A.D., 2024, nunc pro tunc July 29, 2024. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: (( �^ y . 7 4; Weld County Clerk to the Board B . r1{ . Deputy Clerk to the Board VED County torney Date of signature: _ «Iz4 KevJo DRoss, Chair Pro-Tem Perry L. B reeman on Saine cc : F-1L(scfps) 2024-2365 HL0057 Con-1'va c+ mz. BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW TITLE: CDPHE FY24-25 Retail Food, Child Care, School Inspection Program Task Order Amendment DEPARTMENT: PUBLIC HEALTH & ENVIRONMENT DATE: August 23, 2024 PERSON REQUESTING: Jason Chessher, Executive Director Dan Joseph, Environmental Health Division Director Brief description of the problem/issue: Enclosed for the Board's review and approval is an amendment to the Task Order Contract for the Retail Food, Child Care, and School Inspection program between the Colorado Department of Public Health and Environment (CDPHE) and the Board of County Commissioners of Weld County for the use and benefit of the Weld County Department of Public Health and Environment (WCDPHE), to include funding for lead inspections related to elevated blood lead levels (EBLLs) in children. Under the provisions of this contract amendment, in addition to the activities outlined in the current scope of work for retail food, child care, and schools, the WCDPHE will conduct environmental in -home investigations for children (up to the age of 18) with a confirmed EBLL of 3.5 micrograms per deciliter (pg/dL) or above, and maximize blood lead testing and reporting for children under the age of 18 to identify and reduce childhood lead poisoning within Weld County. The current contract term is July 1, 2024 through June 30, 2025 and is for $84,000. The additional funding for lead related activities is $70,000, bringing the total FY24/25 funding to $154,000. Additional funding will cover the cost of current and ongoing lead investigations. Note that this funding is associated with a personnel reauest in the 2025 budget. No additional staff will be hired for this project unless authorized by the BOCC as part of the 2025 budget. All grant funded employees acknowledge at the time of hire that their position will be eliminated if/when grant funding ends. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Approval of this contract amendment will fund WCDPHE investigations of all reports of elevated lead levels in children in Weld County. Without approval, WCDPHE will not have the resources to investigate all elevated blood lead levels in Weld County children. Those cases will either not be investigated at all or will be investigated by CDPHE employees in lieu of Weld County. Recommendation: I recommend approval to place this item on a future BOCC agenda for formal consideration. 2024-2365 q/q NL.OM Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck, Pro -Tern Mike Freeman Scott K. James Kevin Ross, Chair Lori Saine Docusign Envelope ID: 9FB6EFF9-6575-4496-87C0-CDFBCECAOAEC STATE OF COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT CONTRACT AMENDMENT #Number SIGNATURE AND COVER PAGE State Agency: Colorado Department Of Public Health and Environment 4300 Cherry Creek Drive South Denver, Colorado 80246 Original Contract Number: 2024*0454 Contractor: Board of County Commissioners of Weld County (a political subdivision of the state of Colorado) 1150 "O" Street Greeley CO 80631 for the use and benefit of the Weld County Department of Public Health and Environment 1555 North 17th Avenue Greeley CO 80631 Amendment Contract Number: 2024*0454 AMD #1 Contract Performance Beginning Date: July 1, 2023 Current Contract Expiration Date: June 30, 2028 CONTRACT MAXIMUM AMOUNT TABLE Document Type Contract Number Federal Funding Amount State Funding Amount Other Funding Amount Term (dates) Total Original Contract 2024*0454 S0.00 $40,000.00 $0.00 7/1/23-6/30/24 840,000.00 Option Letter #1 2024*0454 OL#1 $0.00 $84,000.00 $0.00 7/1/24-6/30/25 $84,000.00 Amendment #1 2024*0454 AMD#1 50.00 $70,000.00 S0.00 7/29/24-6/30/25 S70,000.00 Current Contract Maximum Cumulative Amount S194,000.00 Amendment Contract Number: 2024*0454 AMD 81 Page 1 of 5 Ver A08.31.23 Uul.uDfylI CI lVefui,Je fv. uroucrru-uut O-'4NVV-oIl�V-l�vr ol�Cl.F1l/Mcl� SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment and to bind the Party authorizing his or her signature. CONTRACTOR Board of County Commissioners of Weld County (a political subdivision of the state of Colorado) for the use and benefit of the Weld County Department of Public Health and Environment r;0:ss ss1r�or_. By: Signature Kevin D. Ross Name of Person Signing for Contractor Chair Title of Person Signing for Contractor Date: 2024-09-09 STATE OF COLORADO Jared S. Polis, Governor Colorado Department of Public Health and Environment Jill Hunsaker Ryan, MPH, Executive Director e--DocuSigned by: oatsw, rilktsov, �LC.f39124 IBo248 i... By: Signature Chelsea Gilbertson Name of Executive Director Delegate Procurement & Contracts Section Title of Executive Director Delegate Date: 2024-09-09 In accordance with §24-30-202 C.R.S., this Contract is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD e.--DocuSigned by: 1.4.44 W 41.14.4 7J3oot4A4HUno,.... By: Signature Kurt Williams Name of State Controller Delegate controller Title of State Controller Delegate 2024-09-10 Amendment Effective Date: 02002-1/ C Ver A08.31.23 Amendment Contract Number: 2024*0454 AMD #1 Page 2 of 5 Docusign Envelope ID: 9FB6EFF9-6575-4496-87C0-CDFBCECA0AEC 1. PARTIES This Amendment (the "Amendment") to the Original Contract shown on the Signature and Cover Page for this Amendment (the "Contract") is entered into by and between the Contractor, and the State. 2. TERMINOLOGY Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the Contract shall be construed and interpreted in accordance with the Contract. 3. AMENDMENT EFFECTIVE DATE AND TERM A. Amendment Effective Date This Amendment shall not be valid or enforceable until the Amendment Effective Date shown under the State Controller Signature. The State shall not be bound by any provision of this Amendment before that Amendment Effective Date, and shall have no obligation to pay Contractor for any Work performed or expense incurred under this Amendment either before or after the Amendment term shown in §3.B of this Amendment. B. Amendment Term The Parties' respective performances under this Amendment and the changes to the Contract contained herein shall commence on the Amendment Effective Date shown under the State Controller Signature or July 29, 2024 whichever is later, and shall terminate on the termination of the Contract or June 30, 2025 whichever is earlier. 4. PURPOSE The Parties entered into the agreement to retail food, child care and school inspections The Parties now desire to increase funding and change the Statement of Work for the following reason: to add funding and revise Statement of Work to include childhood lead testing. 5. MODIFICATIONS The Contract and all prior amendments thereto, if any, are modified as follows: A. The Contract Maximum Amount table is deleted and replaced with the Current Contract Maximum Amount table shown on the Cover Page for this Amendment. B. The Contract Initial Contract Expiration Date on the Contract's Signature and Cover Page is hereby deleted and replaced with the Current Contract Expiration Date shown on the Signature and Cover Page for this Amendment. C. The Parties now agree to modify Exhibit B, Statement of Work, of the agreement. Exhibit B, Statement of Work is deleted and replaced in its entirety with Exhibit B, Statement of Work, attached to this Amendment for the following reason: to add lead testing activities and deliverables. D. The Parties now agree to modify Exhibit C, Budget, of the agreement. Exhibit C, Budget is deleted and replaced in its entirety with Exhibit C, Budget, attached to this Amendment for the following reason: to add funding for lead testing. 6. LIMITS OF EFFECT AND ORDER OF PRECEDENCE This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendments or other modifications to the Contract, if any, remain in full force and effect except Amendment Contract Number: 2024*0454 AMD �tl Page 3 of 5 Ver A08.31.23 Docusign Envelope ID: 9FB6EFF9-6575-4496-87C0-CDFBCECA0AEC as specifically modified in this Amendment. Except for the Special Provisions contained in the Contract, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Contract or any prior modification to the Contract, the provisions of this Amendment shall in all respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and control over the Special Provisions contained in the Contract to the extent that this Amendment specifically modifies those Special Provisions. Amendment Contract Number: 2024*0454 AMD #1 Page 4 of 5 Ver A08.31.23 Docusign Envelope ID: 9FB6EFF9-6575-4496-87C0-CDFBCECAOAEC EXHIBIT B STATEMENT OF WORK To Original Contract Number 2024*0454 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, and provide resources for lead poisoning prevention, specifically focusing on lead point of care testing and in -home investigations for children with elevated blood lead levels. 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 I. 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 Page 1 of 9 Amendment Contract Number202,0454 AMD I Ver. 01.11.19 Docusign Envelope ID: 9FB6EFF9-6575-4496-87C0-CDFBCECA0AEC EXHIBIT B 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 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 Contractor 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. Page 2 of 9 Amendment Contract Number2024*0454 AMDI Ver. 01.11.19 Docusign Envelope ID: 9FB6EFF9-6575-4496-87C0-CDFBCECA0AEC EXHIBIT B a. The Contractor shall inspect guest child care and public services short-term child care, if operating in their jurisdiction, annually. 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. 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 Sub -Activities #4 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. Page 3 of 9 Amendment Contract Number2024*0454 AMDI Ver. 01.11.19 Docusign Envelope ID: 9FB6EFF9-6575-4496-87C0-CDFBCECA0AEC EXHIBIT B 4. If required by the agency, the Contractor shall review all plans submitted by schools and provide written response within two weeks of submittal. 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). Goal #2: Reduce childhood lead poisoning as a public health problem through strengthening blood lead testing, reporting, surveillance, and investigation resources to address children with elevated blood lead levels Objective #1: No later than the expiration date of this contract, the Contractor shall maximize blood lead testing and provide environmental in -home investigations for children under the age of 18 with elevated blood lead levels and report all data related to the investigations to CDPHE. Primary Activity #1 The contractor shall conduct environmental in -home investigations for children with a confirmed elevated blood lead level of 3.5 micrograms per deciliter (µg/dL) or above. Sub -Activities #1 1. The Contractor shall investigate all elevated blood lead levels confirmed at 3.5 µg/dL or above for children under the age of 18 as outlined in regulation 6 CCR 1009-7, Detection, Monitoring, and Investigation of Environmental and Chronic Disease. The Contractor must operate in compliance with 5 CCR 1001-23, Regulation Number 19, The Control of Lead Hazards. The Contractor shall enter those investigation results into the State's digital database within seven days of completing the investigation. a. The Contractor shall use EpiTrax for tracking the next investigation dates due in such a manner that allows for the Contractor to easily determine any past due investigations. The Contractor shall not have investigations that are more than 90 days past due. b. If extenuating circumstances cause the Contractor to be more than 90 days past due for completing the investigation, the Contractor shall notify the State in writing of the extenuating circumstances. Primary Activity #2 The contractor shall maximize blood lead testing and reporting for children under the age of 18 to identify and reduce childhood lead poisoning within the Contractor's jurisdiction. Sub -Activities #2 1. The Contractor shall utilize the resources provided through this contract to maximize blood lead testing within the Contractor's jurisdiction, including the provision of testing where applicable. 2. The Contractor shall enter the results of all blood lead testing performed into EpiTrax or via electronic lab reporting (ELR) in compliance with regulation 6 CCR 1009-7, Detection, Monitoring, and Investigation of Environmental and Chronic Disease. Standards and Requirements Retail Food Standards and Requirements I. The Contractor shall comply with the Food Protection Act, C.R.S. 25-4-1601, et. seq. This document is incorporated and made part of this contract by reference. a. The Contractor shall comply with all other policies, regulations, interpretive memoranda, and guidance documents issued by DEIIS 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. Page 4 of 9 Amendment Contract Number2024*0454 AMDI Ver. 01.11.19 Docusign Envelope ID: 9FB6EFF9-6575-4496-87C0-CDFBCECA0AEC EXHIBIT B 3. VNRFPS information is available on the following web site: http://www.fda.gov/Food/GuidanceRegulaticin/RetailFoodProtection/ProgramStandardside 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. 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. Page 5of9 Amendment Contract Number2024x0454 AMDI Ver. 01.11.19 Docusign Envelope ID: 9FB6EFF9-6575-4496-87C0-CDFBCECAOAEC EXHIBIT B 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. 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; Page 6of9 Amendment Contract Number202,0454 AMD 1 Ver. 01.11.19 Docusign Envelope ID: 9FB6EFF9-6575-4496-87C0-CDFBCECA0AEC EXHIBIT B d. Completion rates for required inspections; and, e. Whether the required inspection frequency was met. Lead Poisoning Prevention Standards and Requirements 1. The Contractor shall comply with the Colorado State Board of Health Rules 6 CCR 1009- 7, Detection, Monitoring, and Investigation if Environmental and Chronic Disease. This document is incorporated and made part of this contract by reference. 2. The Contractor shall operate in compliance with 5 CCR 1001-23, Regulation Number 19, The Control of Lead Hazards. 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 rules and regulations. 3. The Contractor shall use the State investigation forms (or digital equivalent), or a form approved by the State, to document in -home environmental investigations. 4. The Contractor shall maintain investigation records in the State's digital database and in EpiTrax, in order for DEHS to determine: a. The number of investigations completed; b. The number of investigations that are past due; c. The number of investigations denied by the landlord; d. The number of investigations that required additional follow up; e. The number of investigations with a remediation recommendation. 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. 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 Expected Results of in proportion with the funding provided through this contract. Activity(s) 3. Complete in -home environmental investigations for all confirmed blood lead levels at 3.5 µg/dL or above for children under the age of 18. 4. Utilize the resources provided to maximize blood lead testing within the Contractor's jurisdiction, including the provision of testing where applicable. 1. The number of retail food inspections required to be completed by the Contractor during Measurement of Expected the State fiscal year (based on the State's risk -based inspection scheduling methods or an Results 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. Page 7 of 9 Amendment Contract Number2024x0454 AMDI Ver. 01.11.19 Docusign Envelope ID: 9FB6EFF9-6575-4496-87C0-CDFBCECAOAEC EXHIBIT B 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. 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. 7. The number of blood lead level tests completed by the Contractor during the state fiscal year and the number of test results reported to EpiTrax or via electronic lab reporting (ELR). 8. The number of in -home environmental investigations completed for confirmed blood lead levels at 3.5 µg/dL or above for children below the age of 18. Completion Date Deliverables 1. The Contractor shall remit S43.00 of the applicable retail food licensing fee to DEHS on a monthly basis. No later than 15`h 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 15`h 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 DENS, or their designee, via email. Within 10 days of request 4. The Contractor shall use Health Space to submit all in -home environmental inspection data to DELIS. Within 7 days of the investigation 5. The Contractor shall submit blood level test results of Blood lead > 5µg/dL AND age _< 18 years, via EpiTrax reportal or electronic lab reporting (ELR) No later than seven (7) days after receiving test results. 6. The Contractor shall submit blood level test results of Blood lead > 5µg/dL if age >18 years via EpiTrax reportal or electronic lab reporting (ELR) No later than 30 days after receiving test results. 7. The Contractor shall submit blood level test results of Blood lead <5 µg/dL AND age < 18 years via EpiTrax reportal or electronic lab reporting (ELR) No later than 30 days after receiving test results. 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, Page 8of9 Amendment Contract Number2024*0454 AMDI Ver. 01.11.19 Docusign Envelope ID: 9FB6EFF9-6575-4496-87C0-CDFBCECA0AEC EXHIBIT B inspection inventories, inspection reports, site visits, electronic data and joint inspections and other fiscal and programmatic documentation as applicable. The Contractor's performance will be evaluated at set intervals and communicated to the Contractor. A Final Contractor Performance 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 determine when the action(s) must be completed. The action(s) and time line for completion will be documented in writing and agreed to by both parties. If extenuating circumstances arise that requires an extension to the time line, the Contractor must email a request to the 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 disregard for the agreed upon compliance resolution plan, the State may exercise its rights under the provisions of this contract. Page 9 of 9 Amendment Contract Number2024'0454 AMD 1 Ver. 01.11.19 Docusign Envelope ID. 9FB6EFF9-6575-4496-87C0-CDFBCECA0AEC EXHIBIT C Budget Weld Total Quarterly Distribution FY24 $40,000.00 $10,000.00 FY25 OL #1 Retail Food,Childcare,School Inspections $84,000.00 $21,000.00 FY25 AMD #1 Lead Testing S70,000.00 $17,500.00 Total S 194,000.00 Original Contract Number: 2024"0454 AMD #1 Hello