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Home My WebLink About20222712.tiffRESOLUTION RE: APPROVE CONTRACT AMENDMENT #1 FOR FOOD AND DRUG ADMINISTRATION (FDA) TOBACCO RETAIL COMPLIANCE CHECK INSPECTION PROGRAM AND AUTHORIZE CHAIR TO SIGN AND SUBMIT ELECTRONICALLY 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 Contract Amendment #1 for the Food and 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 November 19, 2020, and ending May 29, 2023, 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 the Contract Amendment #1 for the Food and 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 electronically sign and submit said amendment. cc: Fu -(-m) 1.12.4/2.2 2022-2712 HL0054 CONTRACT AMENDMENT #1 FOR FOOD AND DRUG ADMINISTRATION (FDA) TOBACCO RETAIL COMPLIANCE CHECK INSPECTION PROGRAM PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of September, A.D., 2022, nunc pro tunc November 19, 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditieuA) „ o:4, Weld County Clerk to the Board unty At Date of signature: 429/2.2 ScotK. James, Chair __- ________ Mik an, Pro-Te 2022-2712 HL0054 Cfpn4r-we+ _O 41Co3CoO Memorandum TO: Scott James, Chair Board of County Commissioners FROM: Gene O'Hara, Interim Executive Director Department of Public Health & Environment DATE: September 19, 2022 SUBJECT: CDPHE FDA FY22-23 Tobacco Retail Inspection Contract Amendment #1 For the Board's approval is a contract amendment 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) for our FDA Tobacco Retail Inspection program. In this amendment, the State of Colorado changed their mail courier and thus amended their contract under Exhibit B, Statement of Work, which now states staff will use the CDPHE-identified carrier rather than Federal Express Overnight Mail. No other changes were made to the contract, and the funding amount remains at $164,830. The effective date of this amendment will be upon full execution by both parties and will terminate on May 29, 2023. Assistant Weld County Attorney, Karin McDougal, has reviewed this Amendment and determined that its terms are acceptable. The Board approved placement of this Amendment on the Board's agenda via pass - around dated September 14, 2022. I recommend approval of this FDA contract amendment with CDPHE. 2022-2712 ocl/aco �-1 LOO51 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW TITLE: CDPHE FDA FY22-23 Tobacco Retail Inspection Contract Amendment #1 DEPARTMENT: PUBLIC HEALTH & ENVIRONMENT DATE: September 14, 2022 PERSON REQUESTING: Gene O'Hara, Interim Executive Director Brief description of the problem/issue: For the Board's review and approval is a contract amendment 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) for our FDA Tobacco Retail Inspection program. In this amendment, the State of Colorado changed their mail courier and thus amended their contract under Exhibit B, Statement of Work, which now states staff will use the CDPHE-identified carrier rather than Federal Express Overnight Mail. No other changes were made to the contract, and the funding amount remains at $164,830. The effective date of this amendment will be upon full execution by both parties and will terminate on May 29, 2023. This contract amendment is currently undergoing legal review by Assistant County Attorney, Karin McDougal, and we will await her approval prior to placement of this item on the Board's agenda. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Approving this amendment will enable the continuation of tobacco retail inspection activities aimed at youth tobacco use prevention. Declining this amendment will discontinue the efforts of tobacco retail inspections within the 11 -county region including Weld County and a loss of $164,830. designated for the inspection program. Youth may begin accessing and using tobacco and vape products more easily because of lost inspection activities. Recommendation: I recommend approval of this FDA contract amendment with CDPHE. Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck Mike Freeman, Pro -Tern Scott K. James, Chair Steve Moreno Lori Saine DocuSign Envelope ID: 492F7A6A-EFF2-4AA1-8149-CE581CADE3D2 CONTRACT AMENDMENT #1 SIGNATURE AND COVER PAGE(S) State Agency: Colorado Department Of Public Health and Environment Tobacco/FDA 4300 Cherry Creek Drive South Denver, Colorado 80246 Original Contract Number: 2021*2930 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: 2021*2930 Amendment #1 Contract Performance Beginning Date: November 19, 2020 Current Contract Expiration Date: May 29, 2023 CONTRACT MAXIMUM AMOUNT TABLE Document Type Contract Number Federal Funding Amount State Funding Amount Other Funding Amount Term (dates) Total Original Contract 2021*2930 $164,830.00 $0.00- $0.00 11/19/2020 9/29/2021 $164,830.33 Option Letter #1 2021 *2930 Option Letter #1 $113,220.97 $0.00 $0.00 9/30/2021- 5/29/2022 $113,220.97 Option Letter #2 2021 *2930 Option Letter #2 $173,171.81 $0.00 $0.00 5/30/2022 - 5/29/2023 $173,171.81 Amendment #1 2021 *2930 Amendment #1 $0.00 $0.00 $0.00 7/7/2022 - 5/29/2023 $0.00 Current Contract Maximum Cumulative Amount $451,223.11 Page 1 of 4 Amendment Contract Number: 2021 *2930 Amendment #1 Ver 01.11.19 DocuSign Envelope ID: 492F7A6A-EFF2-4AA1-8149-CE581CADE3D2 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 -DocuSigned by: Scoff k jakto-s -`---E04467D642AE4A7... By: Signature Scott K. James Name of Person Signing for Contractor Chai r, commissioners Title of Person Signing for Contractor Date: 2022-09-27 STATE OF COLORADO Jared S. Polis, Governor Colorado Department of Public Health and Environment Jill Hunsaker Ryan, MPH, Executive Director r--DocuSigned by: Usx Nk ,--2EDF870A1A7D4FC... Lisa McGovern By: Signature Name of Executive Director Delegate Procurement & Contracts Section Director ft Title of Executive Director Delegate Date: 2022-09-27 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: 3EsIIw ,--C48A540EBA79405... Justin Weigle By: Signature Name of State Controller Delegate Health Divisions controller Title of State Controller Delegate Amendment Effective Date: 2022-10-05 -- Signature and Cover Pages End -- Page 2 of 4 Amendment Contract Number. 2021 *2930 Amendment #1 Ver. 06.05.20 DocuSign Envelope ID: 492F7A6A-EFF2-4M11-8149-CE581CADE3D2 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 of 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 and shall terminate on the termination of the Contract or May 29, 2023, whichever is earlier. 4. PURPOSE The Parties entered into the agreement to enforce provisions of Section 201 of The Family Smoking Prevention & Tobacco Control Act by conducting assigned compliance inspections in identified region(s) to check tobacco retailer compliance with Federal regulations restricting the sale, distribution, access to, and the advertising and labeling of cigarettes and smokeless tobacco to children and adolescents. The Parties now desire to change the Statement of Work for the following reason: To continue services and update the SOW for new fiscal year. 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 Signature and Cover Page for this Amendment. B. 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 continue services and update the SOW for new fiscal year. 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 as specifically modified in this Amendment. Except for the Special Provisions contained in the Page 3 of 4 Amendment Contract Number: 2021 *2930 Amendment #1 Ver 27.01.20 DocuSign Envelope ID: 492F7A6A-EFF2-4AA1-8149-CE581CADE3D2 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. Page 4 of 4 Amendment Contract Number: 2021'2930 Amendment #1 Ver 27.01.20 DocuSign Envelope ID: 492F7A6A-EFF2-4AA1-8149-CE581CADE3D2 Exhibit B STATEMENT OF WORK To Original Contract Number 2021 *2930 These provisions are to be read and interpreted in conjunction with the provisions of the contract specified above. I. Entity Name: Weld County Department of Public Health and Environment II. Project Description: This project serves to improve the health, well -bring, and equity of all Coloradans through health promotion and prevention during the federal funding period by 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 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. Youth tobacco use, specifically e -cigarette use, continues to grow at an alarming rate. E -cigarette use among youth has increased by more than 38 percent nationwide between 2017 and 2018. CDPHE'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 WCDPHE's catchment area by reducing youth initiation and youth access to tobacco products as identified in the Tobacco Control Act. III. Definitions: 1. A&L: advertising and labeling inspection 2. Catchment Area: Retail compliance check inspection area assigned to contractor 3. CDPHE: Colorado Department of Public Health and Environment 4. Chaperones: paired with youth ages 16-17 for UBs 5. FDA: United States Food and Drug Administration 6. FD&C Act: Federal Food, Drug, and Cosmetic Act 7. Inspector: conducts tobacco retail compliance check inspections 8. LPHA: Local Public Health Agency 9. Program Coordinator: principal contact between FDA and CDPHE 10. TIMS: Tobacco Inspection Management System 11. Tobacco Control Act: Family Smoking Prevention and Control Act of 2009 12. Tobacco Retail Compliance Check Inspections/Inspections: A&L or UB 13. UB: undercover buy inspections 14. Underage Purchasers/Youth: youth ages 16-20 15. WCDPHE: Weld County Department of Public Health and Environment Page 1 of 6 Amendment Contract Number: 2021 *2930 Amendment #1 Ver. 01.11.19 DocuSign Envelope ID: 492F7A6A-EFF2-4AA1-8149-CE581CADE3D2 Exhibit B 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, improve the health, well-being, and equity of all Coloradans through health promotion and prevention by enforcing 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 -Activities #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. Primary Activity #3 The Contractor shall maintain proper handling/storage/shipment of evidence. Sub -Activities #3 1. The Contractor shall prepare evidence as outlined in the FDA Program Manual. 2. The Contractor shall ship evidence to CDPHE as outlined in the FDA - Program Manual. Primary Activity #4 The Contractor shall complete Monthly Program Reports in a CDPHE-provided template. Primary Activity #5 The Contractor shall perform non -inspection program functions as identified in the FDA Program Manual to maintain capacity to conduct inspections. 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=0B13O4isZokUdalNmVFNGMVhQ RTQ . 3. The Contractor shall act as agents of CDPHE and attain/maintain FDA - commissioning status for the following staff performing work under this contract: 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. Page 2 of 6 Amendment Contract Number: 2021 *2930 Amendment #1 Ver. 01.11.19 DocuSign Envelope ID: 492F7A6A-EFF2-4AA1-8149-CE581CADE3D2 Exhibit B 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 non- commissioned, 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 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. 10. The Contractor shall participate in two (2) annual refresher trainings provided by the FDA. 11. The Contractor shall participate in other training as required by the FDA. 12. The Contractor shall participate in annual site visits with CDPHE FDA staff. a. Inspector is required to attend. b. Inspector's LPHA supervisor is required to attend. c. LPHA fiscal representative/designee is required to attend the fiscal portion of the site visit 13. 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. 14. 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. 15. The Contractor shall confirm the following FDA program staff attain/maintain FDA -commissioning as required by the FDA: a. Inspectors b. Inspector's direct LPHA supervisor Page 3 of 6 Amendment Contract Number: 2021 *2930 Amendment #1 Ver. 01.11.19 DocuSign Envelope ID: 492F7A6A-EFF2-4AA1-8149-CE581CADE3D2 Exhibit B c. Chaperones 16. 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. 17. The Contractor shall sign revised FDA policies as requested by CDPHE. 18. The Contractor shall confirm FDA -issued iPhones are synched after each inspection. 19. The Contractor shall perform software updates on FDA -issued iPhones as directed by FDA/CDPHE. 20. The Contractor shall complete the CDPHE-provided Request for Inspections Form when additional inspections are needed. 21. The Contractor shall conduct pre -inspection coordination activities as outlined by FDA/CDPHE. 22. The Contractor shall confirm each inspector checks email received from the CDPHE FDA Program Coordinator daily before conducting inspections. 23. CDPHE will send all FDA Tobacco Retail Compliance Check Inspection Program information via email. 24. The Contractor shall complete the required number of FDA/CDPHE- assigned inspections with an error rate under 10%. 25. The Contractor shall follow inspection instructions as directed in the FDA TIMS system. 26. The Contractor shall complete tobacco retail compliance check inspections by the due date listed in TIMS for each assigned inspection. 27. The Contractor shall document inspection results in TIMS at the time of inspection. 28. The Contractor shall respond to FDA/CDPHE within 24 hours of request for corrections/clarification to inspection documentation. 29. 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. 30. The Contractor shall use its dedicated FDA evidence storage area for only the following items. a. FDA evidence storage b. FDA program supplies. Page 4 of 6 Amendment Contract Number: 2021 *2930 Amendment #1 Ver. 01.11.19 DocuSign Envelope ID: 492F7A6A-EFF2-4AA1-8149-CE581CADE3D2 Exhibit B 31. The dedicated FDA evidence storage area shall not be used for storage of any items other than FDA evidence storage/FDA program supplies. 32. The Contractor shall require FDA -commissioned inspectors maintain the security of the storage area/keys. 33. The Contractor shall require FDA program staff protect the integrity of evidence/data as outlined in the following sections in the FDA Program Manual: a. CDPHE FDA Program Supplies and Equipment Policy b. CDPHE FDA Electronic Submissions — Records Retention Policy. 34. The Contractor shall require FDA program staff comply with all FDA/CDPHE evidence handling/storage protocols/timelines as outlined in the following sections in the FDA Program Manual: a. CDPHE FDA Program Supplies and Equipment Policy b. CDPHE FDA Electronic Submissions — Records Retention Policy. 35. The Contractor shall sign FDA policies as directed by the CDPHE FDA Program Coordinator. 36. 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. 37. 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 is not feasible shall be discussed with the CDPHE FDA Program Coordinator. 38. CDPHE will provide the Monthly Program Report template within 14 calendar days of contract execution, annually. 39. The Contractor shall read emails sent by the CDPHE FDA Program Coordinator within 48 hours of receipt. 40. 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. 41. The Contractor shall confirm that all non -FDA issued equipment meets security standards as outlined by the CDPHE FDA Program Coordinator. 42. The Contractor shall, unless otherwise indicated, submit deliverables to the CDPHE FDA Program Coordinator via email at cdphe fda/0/state.co.us Expected Results of Activity(s) 1. 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. Page 5 of 6 Amendment Contract Number: 2021 *2930 Amendment #1 Ver. 01.11.19 DocuSign Envelope ID: 492F7A6A-EFF2-4AA1-8149-CE581CADE3D2 Exhibit B 2. Decrease in number of youth purchasing tobacco products at retail establishments. 3. Decrease in number of retail establishments Measurement of Expected Results 1. Number of retail inspections completed. 2. Percentage of youth successfully purchasing tobacco products at retail establishments. 3. Number of retail establishments complying with limitations on the marketing of fro is duc . y ,..r,,..,,k:,R ,;,,,, ,, ,,,,,,;,,;;m::::w..,,Finartobacco -,.:.r:.�. .➢;:�..._:�.._._.._.,:x�::::,,.�:.:n�.:.:�::_:,r _.� �,,..... : or -a,- .: , �:r-ir Deliverables :::tee;, rn�,_ kf:��,.:.._.:...._,,.._,_..,,,:;:s::-�,��::,�::�::��,- � ....... ..........�.....__._...... ,..._ ._........_..,rsr, .�!,-.:;,G::�,,,ew;uv.,_: ,�/_,.._,..;_'—_ , _ _,__.....,,.✓ 1. The Contractor shall submit signed CDPHE FDA Policies to the CDPHE FDA Program Coordinator via email. Com letion Date 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 inspection reports in the FDA TIMS system. Due date as assigned in TIMS. 4. The Contractor shall submit the following items to the CDPHE FDA Program Coordinator via express overnight mail using the CDPHE-identified carrier: a. Physical inspection results b. Evidence Within 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 6t 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 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. Page 6 of 6 Amendment Contract Number: 2021 *2930 Amendment #1 Ver. 01.11.19 New Contract Request Entity Information Entity Name. COLORADO DEFT OF PUBLIC HEALTH /ENVIRONMENT Entity [D. x'00001926 Contract Name. Contract ID CDPHE FDA FY22-23 TOBACCO RETAIL INSPECTION 6360 CONTRACT AMENDMENT #1 Contract Status CTB REVIEW Contract Lead. AGOMEZ ❑ New Entity? Parent Contract ID 4248 Requires Board Approval YES Contract Lead Entail Department Project # agomezOweldgov.com Contract Description. CDPHE FY22-23 FDA TOBACCO RETAIL INSPECTION PROGRAM CONTRACT AMENDMENT #1 2021'r2930A1 Contract Description 2 PREVIOUS CONTRACTS: 20212930; OPT. LETTER#1, 9/30/21-5/29/22; OPT. LETTER#2, 5/30/22-5/29/23 Contract Type" AMENDMENT Amount* 50.00 Renewable. NO Automatic Renewal NO Grant YES IGA NO Department HEALTH Department Email CM-Healthvweld gov.com Department Head Email CM-Health- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COU NTYATTORN EYOWELDG OV.COM Grant Deadline Date If this is a renewal enter previous Contract ID 4248 If this is part of a MSA enter MSA Contract ID Requested BOCC Agenda Date 2 09/26/2022 Due Date 09/22/2022 Will a work session with BOCC be required?' NO Does Contract require Purchasing Dept. to be included? NO 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 07/07/2022 Review Date. 03/31/2023 Renewal Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head TANYA GEISER DH Approved Date 09/22/2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 09/26/2022 Originator AG0MEZ Committed Delivery Date Contact Type Contact Email Finance Approver CHERYL PATTELLI Expiration Date. 05/29/2023 Contact Phone i Purchasing Approved Date Legal Counsel BRUCE BARKER Contact Phone 2 Finance Approved Date Legal Counsel Approved Date 09/22/2022 09/22/2022 Tyler Ref # AG 092622 Hello