HomeMy WebLinkAbout20242952.tiffRESOLUTION
RE: APPROVE TASK ORDER CONTRACT FOR FEDERAL DRUG ADMINISTRATION
(FDA) TOBACCO RETAIL COMPLIANCE CHECK 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 a Task Order Contract for the Federal
Drug Administration (FDA) Tobacco Retail Compliance Check 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 upon full execution of signatures,
and ending May 29, 2025, with further terms and conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said 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 Federal Drug Administration (FDA)
Tobacco Retail Compliance Check 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 contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 6th day of November, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
ATTEST: C.s , LAI
Weld County Clerk to the Board
OBY
Deputy Clerk to the Board
APP'!VED
County '''"orney
Date of signature:
CC..1-4L (7c/BF)
.1/2.7/25
WELD COUJ Y O
0
Kevin D. Ross, Chair
erry L. B ,'k, Pro-Tem
Lori Saine
2024-2952
HL0057
Docusign Envelope ID: F0BA70E4-16C0-48AB-A959-D1CB7CC04610
STATE OF COLORADO
DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT TASK ORDER
State Agency:
State of Colorado for the use & benefit of the
Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver CO 80246
Contractor:
Board of County Commissioners of 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
Main Task Order Contract Number:
23 FAA 00051
Task Order Number:
2025*1126
Task Order Performance Beginning Date:
The later of the Task Order Effective Date or
October 25, 2024
Task Order Maximum Amount:
Initial Term
State Fiscal Year 2025 $127,636.68
Extension Terms
Total for All State Fiscal Years $127,636.68
Task Order Expiration Date:
May 29, 2025
Except as stated in §2.O., the total duration of this
Contract, including the exercise of any options to extend,
shall not exceed 5 years from its Performance Beginning
Date.
Pricing/Funding:
Price Structure: Fixed Price
Contractor Shall Invoice: Monthly
Funding Source:
Federal $127,636.68
Miscellaneous:
Authority to enter into this Contract exists in:
C.R.S. 25-1.5-101 - C.R.S. 25-1.5-113
Procurement Method: N/A
Solicitation Number (if any): N/A
State Representative:
Jennifer Trainer
Tobacco Program Manager
Prevention Services Division, Tobacco Program
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South
Denver, CO 80246
jennifer.trainer@state.co.us
Contractor Representative:
Cathy Hoover
Program Manager
Weld County Department of Public Health and
Environment
1555 North 17th Avenue
Greeley CO 80631
choover@weld.gov
Exhibits and Order of Precedence:
The following Exhibits and attachments are included with this Contract:
Exhibit A Additional Provisions
Exhibit B Statement of Work
Exhibit C Budget
Exhibit D Federal Provisions
Contract Purpose:
This health project serves to improve the health, well-being, and equity of all Coloradans by promoting and enforcing
provisions of the Family Smoking Prevention and Tobacco Control Act of 2009 (Tobacco Control Act) through the
statewide Tobacco Retail Compliance Check Inspection Program that targets youth access to tobacco products.
Task Order Number: 2025 * 1126
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In accordance with §4.B of the Main Task Order Contract referenced above, Contractor shall complete
the following Project:
1. PROJECT DESCRIPTION
Contractor shall complete the Project described in Exhibit B Statement of Work (SOW) that is
attached hereto and incorporated herein (the "SOW"). All terminology used in this Task Order and
the Statement of Work shall be interpreted in accordance with the Main Task Order Contract unless
specifically defined differently in this Task Order. The Statement of Work and Budget are
incorporated herein, made a part hereof and attached hereto as Exhibit B - Statement of Work and
Exhibit C - Budget.
2. PAYMENT
The State shall pay Contractor the amounts shown in Exhibit C - Budget that is attached hereto and
incorporated herein, in accordance with the requirements of the Statement of Work and the Main Task
Order Contract. The State shall not make any payment for a State Fiscal Year that exceeds the Task
Order Maximum Amount shown above for that State Fiscal Year.
3. PERFORMANCE PERIOD
Contractor shall complete all Work on the Project described in this Task Order by the Task Order
Expiration Date stated above. Contractor shall not perform any Work on the Project described in the
Statement of Work prior to the Task Order Performance Beginning Date or after the Task Order
Expiration Date stated above.
4. TASK ORDER EFFECTIVE DATE:
The Effective Date of this Task Order is upon approval of the State Controller or October 25, 2024,
whichever is later.
Task Order Number: 2025*1126
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THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
Each person signing this Contract represents and warrants that he or she is duly authorized to execute this Contract
and to bind the Party authorizing his or her signature.
CONTRACTOR
Board of County Commissioners of 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
Signed by:
In. O. }doss
r,uswcorssrcor
STATE OF COLORADO
Jared S. Polis, Governor
Colorado Department of Public Health and Environment
Jill Hunsaker Ryan, MPH, Executive Director
DocuSignedby:
[7.LI/Lvs.
2C1J012416524D1...
By: Signature
Signature
Chelsea Gilbertson
Kevin D. Ross
Name of Executive Director Delegate
Name of Person Signing for Contractor
Procurement & Contracts Section
Chair Pro-Tem
Title of Executive Director Delegate
Title of Person Signing for Contractor
2024-11-12
Date:
2024-11-06
Date:
In accordance with §24-30-202, C.R.S., this Option is not valid until signed and dated below by the State Controller or an
authorized delegate.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
r-DocuSigned by:
w
,-- 73365F4 A4 A084 BC...
By: Signature
Kurt Williams
Name of State Controller Delegate
Controller
Title of State Controller Delegate
2024-11-17
Effective Date:
--Signature Page End --
Task Order Number: 2025* 1126
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EXHIBIT A
ADDITIONAL PROVISIONS
To Original Contract Routing Number 2025*1126
These provisions are to be read and interpreted in conjunction with the provisions of the Contract specified
above.
1. To receive compensation under the Contract, the Contractor shall submit a signed Monthly CDPHE
Reimbursement Invoice Form. This form is accessible from the CDPHE internet website
https://cdphe.colorado.gov/standardized-invoice-form and is incorporated and made part of this Contract by
reference. CDPHE will provide technical assistance in accessing and completing the form. The CDPI-IE
Reimbursement Invoice Form and Expenditure Details page must be submitted no later than forty-five (45)
calendar days after the end of the billing period for which services were rendered. Expenditures shall be in
accordance with the Statement of Work and Budget. The Contractor shall submit the invoice using the
method listed below.
Scan the completed and signed CDPHE Reimbursement Invoice Form into an electronic document. Email
the scanned invoice and Expenditure Details page to: FDA Lead Program Coordinator at
cdphe fdana,state.co.us.
Final billings under the Contract must be received by the State within a reasonable time after the expiration
or termination of the Contract; but in any event no later than forty-five (45) calendar days from the
effective expiration or termination date of the Contract.
Unless otherwise provided for in the Contract, "Local Match", if any, shall be included on all invoices as
required by 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.
2. Time Limit For Acceptance Of Deliverables.
Evaluation Period. The State shall have fifteen (15) 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 fifteen (15) 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 fifteen (15)
calendar days, to correct the noted deficiencies.
3. 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.
4. Contractor shall request prior approval in writing from the State for all modifications to the Statement of
Work/Work Plan, or for any modification to the direct costs in excess of twenty-five percent (25%) of the
total budget for direct costs, or for any modifications to the indirect cost rate. Any request for
modifications to the Budget in excess of twenty-five percent (25%) of the total budget for direct costs, or
any modifications to indirect cost rates, shall be submitted to the State at least ninety (90) days prior to the
end of the contract period and may require an amendment.
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Task Order Number. 2025*1126 Ver. 01.11.19
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EXHIBIT A
5. Contractor agrees to provide services to all Program participants and employees in a smoke -free
environment in accordance with Public Law 103-227, also known as "the Pro -Children Act of 1994", (Act).
Public Law 103-227 requires that smoking not be permitted in any portion of any indoor facility owned or
leased or contracted for by an entity and used routinely or regularly for the provision of health, day care,
early childhood development services, education or library services to children under the age of eighteen
(18), if the services are funded by Federal programs either directly or through State or local governments,
by Federal grant, contract, loan, or loan guarantee.
6. The State of Colorado, specifically the Colorado 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 Contract. At the end of the term
of this Contract, the State shall approve the disposition of all equipment.
7. Contractor shall not use State funds provided under this Contract for the purpose of lobbying as defined in
Colorado Revised Statutes (C.R. S.) 24-6-301(3.5)(a).
8. All 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 the State or as
otherwise required by law. This includes a prior written request by the Contractor to the State 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 this Task Order Contract and in accordance with
professional standards.
9. If Contractor indicates full expenditure of funds under this Task Order Contract by June 30th of each grant
year and the full expenditure does not occur, CDPHE has the option to reduce current or upcoming Task
Order Contract by said amount or a percent deemed reasonable by CDPHE. CDPHE will notify the
Contractor of the potential need to decrease the current or upcoming budget. If the Contractor indicates at a
later date than June 30th of each grant year an expectation of surplus of funds or inability to fully expend
said funds for unforeseen circumstances that Contractor had not anticipated by June 30th, CDPHE will
reallocate unspent funds without any penalties to the Contractor.
Upon receipt of timely written notice of an objection by the State for inability to fully expend funds, the
Contractor shall have a reasonable period of time not to exceed ten (10) calendar days to respond to the
action. If no dispute is received by the State within ten (10) calendar days, the State has the option to
reduce the current budget for the current year and any upcoming budget for future contractual agreements.
10. Contractor affirms that it 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.
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Task Order Number: 2025.1126 Ver. 01.11.19
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EXHIBIT B
STATEMENT OF WORK
To Original Contract Number 2025 * 1126
These provisions are to be read and interpreted in conjunction with the provisions of the contract specified above.
I. Entity Name: Weld Count Department of Public Health and Environment
II. Project Description
This health project serves to improve the health, well-being, and equity of all Coloradans by
promoting and enforcing provisions of the Family Smoking Prevention and Tobacco Control
Act of 2009 (Tobacco Control Act) through the statewide Tobacco Retail Compliance Check
Inspection Program that targets youth access to tobacco products.
The Tobacco Control Act amended the Federal Food, Drug, and Cosmetic Act (FD&C Act)
and granted the United States Food and Drug Administration (FDA) authority to regulate the
manufacture, marketing, sale, and distribution of tobacco products to protect public health
generally and to reduce tobacco use by minors. In 2010, FDA issued regulations that establish
restrictions on the sale, distribution, and use of cigarettes and smokeless tobacco to reduce the
number of children and adolescents who use these products and to reduce the life -threatening
consequences associated with tobacco use; in 2016, the FDA regulation deeming additional
tobacco products within FDA's jurisdiction went into effect. In December 2019, the FD&C
Act was amended to increase the federal minimum age of sale of tobacco products to 21 years
of age.
In 2023, 10.0% of youths reported current tobacco product use. From 2022 to 2023, current e -
cigarette use among youths in high school declined from 14.1% to 10.0%. However, e -
cigarettes remained the most commonly used tobacco product among youths. Among youths
who currently use e -cigarettes, 25.2% used e -cigarettes daily, and 89.4% used flavored e -
cigarettes.
DPHE's Tobacco Control Program leads Colorado's fight against tobacco -caused death,
disease, and economic burden by mobilizing organizations/individuals to work together to
support tobacco -free life lifestyles and environments. The CDPHE FDA Program works to
advance local/state level policies/efforts to reduce youth access to tobacco by supporting FDA
enforcement of existing laws related to the tobacco retail setting.
This FDA -funded project benefits youth in Denver Department of Public Health (DDPHE)'s
catchment area by reducing youth initiation and youth access to tobacco products as identified
in the Tobacco Control Act.
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EXHIBIT B
III. Definitions
1. CDPHE: Colorado Department of Public Health and Environment
2. A&L: Advertising and labeling inspection
3. Catchment Area: Retail compliance check inspection area assigned to the contractor
4. Chaperones: Paired with youth ages 16-17 for UBs
5. DDPHE: Denver Department of Public Health and Environment
6. FDA: United States Food and Drug Administration
7. FD&C Act: Federal Food, Drug, and Cosmetic Act
8. Inspector: Conducts tobacco retail compliance check inspections
9. LPHA: Local Public Health Agency
10. PC: Program Coordinator - Principal contact between FDA and CDPHE
11. TIMS: Tobacco Inspection Management System — An FDA owned system
12. Tobacco Control Act: Family Smoking Prevention and Control Act of 2009
13. Tobacco Retail Compliance Check Inspections/Inspections: A&L or UB
14. UB: Undercover buy inspections
15. Underage Purchasers/Youth: Youth ages 16-20
IV. Work Plan
Goal #1: Improve the health, well-being, and equity of all Coloradans through health promotion and
prevention.
Objective #1: No later than the expiration date of this contract, enforce the provisions of the Family
Smoking Protection and Tobacco Control Act of 2009 related to the sale, distribution, and use of
tobacco products to youth.
Primary Activity #1 The Contractor shall hire FDA -commissioned staff to conduct tobacco retail
compliance check inspections as assigned by FDA/CDPHE.
Sub- Activity #1
1. The Contractor shall hire tobacco compliance check inspectors.
2. The Contractor shall hire tobacco compliance check chaperones.
3. The Contractor shall hire underage purchasers to conduct tobacco compliance check inspections.
Primary Activity #2 The Contractor shall conduct tobacco retail compliance check inspections.
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EXHIBIT B
Sub- Activity #2
1. The Contractor shall submit inspection reports into TIMS following each tobacco retail
compliance check inspection via FDA -issued iPhones.
Primary Activity #3 The Contractor shall provide evidence from tobacco retail compliance check
inspections.
Sub- Activity #3
1. The Contractor shall maintain proper handling/storage/shipment of evidence.
2. The Contractor shall prepare evidence.
3. The Contractor shall ship evidence to CDPHE.
Primary Activity #4 The Contractor shall perform non -inspection program functions as identified in
the FDA Program Manual to maintain capacity to conduct inspections.
Primary Activity #5 The Contractor shall participate in meetings.
Sub- Activity #5
1. The Contractor shall participate in the following mandatory CDPHE hosted
trainings/meetings:
a. FDA Inspectors' Monthly Conference Call
i. Inspector is required to attend.
ii. Inspector's direct LPHA supervisor may attend.
b. Quarterly Cost Spending Analysis Meetings
i. Inspector is required to attend.
ii. Inspector's direct LPHA supervisor is required to attend
c. CDPHE Annual In -Person Inspectors' Training
i. Inspector is required to attend.
d. The Contractor shall participate in two (2) annual refresher trainings provided by the
FDA.
e. The Contractor shall participate in other training as required by the FDA.
f The Contractor shall participate in annual site visits with CDPHE FDA staff.
i. Inspector is required to attend.
g. Inspector's LPHA supervisor is required to attend.
i. LPHA fiscal representative/designee is required to attend the fiscal portion of
the visit.
rid,ti' iml,ri
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EXHIBIT B
Primary Activity #6 The Contractor shall submit Monthly Program Reports.
Standards and
Requirements
1. The content of electronic documents located on CDPHE and non-CDPHE websites and
information contained on CDPHE and non-CDPHE websites may be updated periodically during
the contract term. The contractor shall monitor documents and website content for updates and
comply with all updates.
2. The Contractor shall comply with all standards and requirements stated in the FDA Program
Manual. This information is incorporated and made part of this contract by reference and is
located at the following website:
https://drive.google.com/open?id=0B13O4isZokUdalNmVFNGMVhORTQ.
3. The Contractor shall act as agents of CDPHE and attain/maintain FDA commissioning status for
the following staff performing work under this contract as required by the FDA:
a. Inspector(s)
b. Direct LPHA supervisor of inspector(s)
c. Chaperones
4. The Contractor shall affirm that all employees performing work under this contract maintain FDA
Tobacco Retail Compliance Check Inspection Program confidentiality.
5. The Contractor shall not share data resulting from FDA Tobacco Retail Compliance Check
Inspections, including data available in TIMS, with entities outside of FDA, CDPHE, or FDA-
credentialed Program staff.
6. CDPHE reserves the right to prohibit personnel, commissioned or noncommissioned, from
performing work under this contract at any time due to performance issues/conflicts.
7. The Contractor shall return all FDA -issued program items, including
credentials/supplies/equipment, upon separation of a commissioned employee/subcontractor.
8. CDPHE will provide instructions to the Contractor for the return of all FDA -issued program items
upon separation of a commissioned employee/subcontractor.
9. The Contractor shall contact the PC when technical assistance is needed.
a. On -call technical assistance is provided for after-hours emergencies as detailed in the
FDA Program Manual.
10. The Contractor shall provide new employee information with 14 days of hire as documented in
the following section in the FDA Program Manual: CDPHE FDA Program Guidance:
Onboarding New Employees.
11. The Contractor shall confirm that FDA Program staff complete all Phase Training applicable to
each position as outlined in the following section in the FDA Program Manual: CDPHE FDA
Program Guidance: Phase Training
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EXHIBIT B
12. The Contractor shall sign revised FDA policies as requested by CDPHE.
13. The Contractor shall confirm FDA -issued iPhones are synched after each inspection.
14. The Contractor shall perform software updates on FDA -issued iPhones as directed by
FDA/CDPHE.
15. The Contractor shall complete the CDPHE-Provided Request for Inspections Form when
additional inspections are needed.
16. The Contractor shall conduct pre -inspection coordination activities as outlined by FDA/CDPHE.
17. The Contractor shall confirm that each inspector reviews emails from the CDPHE FDA Program
Coordinator daily before conduction inspections.
18. CDPHE will send all FDA Tobacco Retail Compliance Check Inspection Program information
via email.
19. The Contractor shall complete the required number of FDA/CDPHE-assigned inspections with an
error rate under 10%.
20. The Contractor shall follow inspection instructions as directed in the TIMS system.
21. The Contractor shall complete UB and A&L tobacco retail compliance check inspections by the
due date listed in TIMS for each assigned inspection.
22. The Contractor shall complete Follow-up UB and A&L tobacco retail compliance check
inspections within 14 -days of each other.
23. The Contractor shall complete ten (10) inspections a month.
24. The Contractor shall document inspections results in TIMS at the time of inspection.
25. The Contractor shall respond to FDA/CDPHE within 24 hours of request for
corrections/clarifications to inspection documentation.
26. The Contractor shall maintain a secure, dedicated, locked evidence storage area accessible only to
inspectors commissioned with the FDA Tobacco Retail Compliance Check Inspection Program.
27. The Contractor shall use its dedicated FDA evidence storage area for on the following items:
a. FDA evidence storage
b. FDA program supplies
28. The dedicated FDA evidence storage area shall not be used for storage of any items other than
FDA evidence storage/program supplies.
29. The Contractor shall require FDA -commissioned inspectors maintain the security of the storage
area/keys.
30. The Contractor shall require FDA program staff protect the integrity of evidence/date as outlined
in the following sections of the FDA Program Manual:
a. CDPHE FDA Program supplies and Equipment Policy
b. CDPHE FDA Electronic Submissions - Records Retention Policy
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EXHIBIT B
31. The Contractor shall require FDA program staff comply with all FDA/CDPHE evidence
handling/storage protocols/timelines as outlined in the follow sections in the FDA Program
Manual:
a. CDPHE FDA Program supplies and Equipment Policy
b. CDPHE FDA Electronic Submissions - Records Retention Policy
32. The Contractor shall sign FDA policies as directed by the CDPHE FDA Program Coordinator.
33. The Contractor shall request in writing to the CDPHE FDA Program Coordinator any requests for
extensions to due dates within 48 hours of the need for any extension.
34. Exceptions to activities/protocols identified in the FDA Program Manual shall be requested in
writing by the Contractor within 48 hours of the need for the exception. Extreme circumstances in
which 48 hours in not feasible shall be discussed with the CDPHE FDA Program Coordinator.
35. CDPHE will provide the Monthly Program Report template within 14 calendar days of contract
execution.
36. The Contractor shall read emails sent by the CDPHE FDA Program Coordinator within 48 hours
of receipt.
37. CDPHE will request a read receipt for all emails sent by the CDPHE FDA Program Coordinator
to serve as documentation of compliance by the Contractor.
38. The Contractor shall confirm that all non -FDA issued equipment meets security standards as
outlined by the CDPHE FDA Program.
39. CDPHE will notify the Contractor via email of each meeting date and format at least 14 calendar
days prior to each meeting.
40. The Contractor shall, unless otherwise indicated, submit deliverables to the CDPHE FDA
Program Coordinator via email at cdphe_fda@state.co.us.
Expected Results
of Activity(s)
1. Support the increase in number of retail establishments in compliance with provisions of the
Family Smoking Protection and Tobacco Control Act of 2009 related to the sale, distribution, and
use of tobacco products to youth.
2. Support the decrease in number of youth purchasing tobacco products at retail establishments
Measurement of
Expected Results
1. CDPHE received inspection reports via TIMS.
Deliverables
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EXHIBIT B
Description
Completion Date
1. The Contractor shall submit signed
CDPHE FDA Policies to the CDPHE
FDA Program Coordinator via email.
No later than 14 calendar days from
contract execution, annually.
2. The Contractor shall submit updated
contact information for former FDA staff
to the CDPHE FDA Program Coordinator
via email.
No later than 30 calendar days from
contract execution, annually.
3. The Contractor shall submit completed
inspections reports in the TIMS system.
No later than the due date assigned in
TIMS.
4. The Contractor shall submit physical
inspection results/evidence to the CDPHE
FDA Program Coordinator via the
choosing of CDPHE.
No later than 48 hours of initiation of
each inspection
5. The Contractor shall submit Monthly
Program Reports to the CDPHE FDA
Program Coordinator via email.
No later than the 6th of the month
following each reporting month.
V. Monitoring
CDPHE's monitoring of this contract for compliance with performance requirements will be
conducted throughout the contract period by the CDPHE FDA Program Coordinator. Methods used
will include a review of documentation determined by CDPHE to be reflective of performance to
include progress reports 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.
VI. Resolution of Non -Compliance
The Contractor will be notified in writing within 15 calendar days of discovery of a compliance issue.
Within 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 CDPHE FDA Program Coordinator 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.
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Exhibit C Budget
COLORADO
• Department of Public
Health & Environment Version 6.2024
PREVENTION SERVICES DIVISION- FIXED PRICE BUDGET WITH JUSTIFICATION FORM
Original Contract Routing # 2025*1126
Contractor Name
Weld County Health Department
Program Contact Name,
Title, Phone and Email
Cathy Hoover
Program Manager
970-400-2371
choover@weld.gov
Budget Period
09/30/2024 - 05/29/2025
Fiscal Contact Name, Title,
Phone and Email
Bill Fritz
970-400-2122
bfritz@weld.gov
Project Name
FDA Tobacco Retail Compliance Check Inspection
Program
Contract (CT or PO)
Number
CT FHLA 2025*1126
Budget Information
Primary Activity /
Deliverable
Description of Activity
Rate
Quantity
Total Amount
Requested from
CDPHE
Undercover Buys (UBs)
FDA -directed Undercover Buys inspections (UB)
September 30th, 2024 May 29th, 2025
$ 181.56
564.00
$ 102,399.84
Advertising & Labeling
(A&L)
FDA -directed Advertising & Labeling inspections (A&L)
September 30th, 2024 - May 29th, 2025
$ 181.56
139.00
$ 25,236.84
$ 277 636.68
Task Order Number: 2025*1126 Page 1 of 1
Docusign Envelope ID: F0BA70E4-16C0-48AB-A959-D1CB7CC04610
EXHIBIT D, CONTRACT FEDERAL PROVISIONS
1. APPLICABILITY OF PROVISIONS.
1.1. The Contract or Purchase Order to which these Federal Provisions are attached has been funded,
in whole or in part, with an Award of Federal funds. In the event of a conflict between the
provisions of these Federal Provisions, the Special Provisions, the body of the Contract or
Purchase Order, or any attachments or exhibits incorporated into and made a part of the Contract
or Purchase Order, the provisions of these Federal Provisions shall control.
2. COMPLIANCE.
2.1. Contractor shall comply with all applicable provisions of the Transparency Act, all applicable
provisions of the Uniform Guidance, and the regulations issued pursuant thereto, including but
not limited to these federal Provisions. Any revisions to such provisions or regulations shall
automatically become a part of these Federal Provisions, without the necessity of either party
executing any further instrument. The State of Colorado may provide written notification to
Contractor of such revisions, but such notice shall not be a condition precedent to the
effectiveness of such revisions.
3. SYSTEM FOR AWARD MANAGEMENT (SAM) AND UNIQUE ENTITY ID
REQUIREMENTS.
3.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor
submits the final financial report required under the Award or receives final payment, whichever
is later. Contractor shall review and update SAM information at least annually after the initial
registration, and more frequently if required by changes in its information.
3.2. Unique Entity ID. Contractor shall provide its Unique Entity ID to its Recipient, and shall update
Contractor's information at http://www.sam.gov at least annually after the initial registration, and
more frequently if required by changes in Contractor's information.
4. CONTRACT PROVISIONS REQUIRED BY UNIFORM GUIDANCE APPENDIX II TO
PART 200.
4.1. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted
amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative,
contractual, or legal remedies in instances where contractors violate or breach contract terms,
and provide for such sanctions and penalties as appropriate. The simplified acquisitions threshold
is $250,000
4.2. All contracts in excess of $10,000 must address termination for cause and for convenience
by the non -Federal entity including the manner by which it will be effected and the basis for
settlement.
4.3. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-
1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance
with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR
Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive
Order 11246 relating to Equal Employment Opportunity," and implementing regulations at 41
CFR Part 60, "Office of federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor."
Contract Federal Provisions
Task Order Number: 2025* 1126
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4.4. Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non -Federal entities
must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and
3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction"). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to pay
wages not less than once a week. The non -Federal entity must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the wage
determination. The non -Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for compliance with the
Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor
regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work
Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that
each contractor or subrecipient must be prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The non -Federal entity must report all
suspected or reported violations to the Federal awarding agency.
4.5. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
all contracts awarded by the non -Federal entity in excess of $100,000 that involve the
employment of mechanics or laborers must include a provision for compliance with 40 U.S.C.
3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40
U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic
and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard
work week is permissible provided that the worker is compensated at a rate of not less than one
and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no
laborer or mechanic must be required to work in surroundings or under working conditions which
are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of
supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
4.6. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of "funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
work under that "funding agreement," the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and
any implementing regulations issued by the awarding agency.
Contract Federal Provisions
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4.7. Clean Air Act (42 U.S.C. 7401-7671q.) and the federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended - Contracts and subgrants of amounts in excess of $150,000
must contain a provision that requires the non -Federal award to agree to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-
7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).
Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
4.8. Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2
CFR 180.220) must not be made to parties listed on the government wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part
1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of
parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
4.9. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that
it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the non -Federal award.
4.10. Prohibition on certain telecommunications and video surveillance services or equipment §2
CFR 200.216
4.10.1. Recipients and sub recipients are prohibited from obligating or expending loan or grant funds
to:
4.10.1.1. Procure or obtain;
4.10.1.2. Extend or renew a contract to procure or obtain; or
4.10.1.3. Enter into a contract (or extend a contract) to procure or obtain equipment, services, or
systems that uses covered telecommunications equipment or services as a substantial or
essential component of any system, or as critical technology as part of any system. As
described in Public Law 115-232, section 889, covered telecommunications equipment is
telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
4.11. Contracts with small and minority businesses, women's business enterprises, and labor
surplus area firms. (2 CFR §200.321). The non -Federal entity must take all necessary
affirmative steps to assure that minority businesses, women's business enterprises, and labor
surplus area firms are used when possible.
4.12. Domestic preferences for procurements. (2 CFR §200.322) As appropriate and to the extent
consistent with law, the non -Federal entity should, to the greatest extent practicable under a
Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or
materials produced in the United States (including but not limited to iron, aluminum, steel,
Contract Federal Provisions
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cement, and other manufactured products). The requirements of this section must be included in
all subawards including all contracts and purchase orders for work or products under this award.
4.13. Procurement of recovered materials. (2 CFR §200.323) A non -Federal entity that is a state
agency or agency of a political subdivision of a state and its contractors must comply with section
6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery
Act. The requirements of Section 6002 include procuring only items designated in guidelines of
the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level of
competition, where the purchase price of the item exceeds $10,000 or the value of the quantity
acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management
services in a manner that maximizes energy and resource recovery; and establishing an
affirmative procurement program for procurement of recovered materials identified in the EPA
guidelines.
5. TERMINATION FOR CONVENIENCE OF THE GOVERNMENT
5.1. Pursuant to §4.2 of these Federal Provisions, the State of Colorado may terminate this contract,
in whole or in part, when it is in the Government's interest. Solicitations and contracts shall
include clauses as required by FAR 49.502 (2023). Termination for convenience of the
government shall comply with the following provisions of the Federal Acquisition Regulations:
5.1.1 For Fixed Price Contracts: FAR 52.249-2 (2023)
5.1.2. For Contracts for Personal Services: FAR 52.249-12 (2023)
5.1.3. For Construction Contracts for Dismantling, Demolition, or Removal of Improvements: FAR
52.249-3 (2023)
5.1.4. For Educational and Other Nonprofit Institutions: FAR 52.249-5 (2023)
6. EVENT OF DEFAULT.
6.1. Failure to comply with these Federal Provisions shall constitute an event of default under the
Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice
if the default remains uncured five calendar days following the termination of the 30 day notice
period. This remedy will be in addition to any other remedy available to the State of Colorado
under the Contract, at law or in equity.
Contract Federal Provisions
Task Order Number: 2025* 1126
Page 4 of 4 Version 12.2023
Contract Form
Entity Information
Entity Name *
COLORADO DEPT OF PUBLIC
HEALTH/ENVIRONMENT
Entity ID*
@00001926
Contract Name"
FDA TOBACCO RETAIL COMPLIANCE CHECK
INSPECTOR PROGRAM
Contract Status
CTB REVIEW
O New Entity?
Contract ID
8833
Contract Lead *
BFRITZ
Contract Lead Email
bfritz@weld.gov;Health-
Contracts@weld.gov
Contract Description *
FDA TOBACCO RETAIL COMPLIANCE CHECK INSPECTOR PROGRAM
Contract Description 2
Contract Type* Department
GRANT HEALTH
Amount*
$127,637.00
Renewable"
NO
Automatic Renewal
Grant
IGA
Department Email
CM-Health@weld.gov
Department Head Email
CM-Health-
DeptHead@weld.gov
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WEL
D.GOV
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MSA Contract ID
Requested BOCC Agenda
Date*
11/06/2024
Parent Contract ID
Requires Board Approval
YES
Department Project #
Due Date
11/02/2024
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept. to be
included?
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts
are not in OnBase
Contract Dates
Effective Date
Termination Notice Period
Contact Information
Contact Info
Review Date*
04/01/2025
Committed Delivery Date
Renewal Date
Expiration Date*
05/31/2025
Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2
Purchasing
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
ESTHER GESICK
DH Approved Date
10/30/2024
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
11/06/2024
Finance Approver
CHERYL PATTELLI
Legal Counsel
BYRON HOWELL
Finance Approved Date Legal Counsel Approved Date
10/30/2024 10/30/2024
Tyler Ref #
AG 110624
Originator
BFRITZ
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