HomeMy WebLinkAbout20211658.tiffRESOLUTION
RE: APPROVE TASK ORDER CONTRACT FOR RETAIL FOOD, CHILD CARE, AND
SCHOOL 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 a 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,
Division of Environmental Health and Sustainability, commencing upon full execution of
signatures, and ending June 30, 2024, 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 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, Division of
Environmental Health and Sustainability, 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 contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 23rd day of June, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d46t44/0 �1A
4Steve M$ eno, Chair
Weld County Clerk to the Board
Coun Attorney
Date of signature: 17=-41)
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07/Q6/2I
2021-1658
HL0053
Contraci- oc-M19
Memorandum
TO:
FROM:
DATE:
SUBJECT:
Steve Moreno, Chair
Board of County Commissioners
Mark Lawley, Executive Director
Department of Public Health & Environment
June 17, 2021
Retail Food, Child Care, School Inspection
Program Task Order Contract with
CDPHE
For the Board's approval is a 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).
Under the provisions of this contract, the WCDPHE will conduct regulatory inspections, initiate
interventions and enforcement actions, review submitted plans, perform foodborne illness
investigations, respond to complaints, and comply with reporting requirements.
The contract term is July 1, 2021, through June 30, 2024, and is for $35,000 per state fiscal year.
Activities will be conducted by current staff; no additional FTE is being requested.
Assistant Weld County Attorney, Karin McDougal, has reviewed this contract and determined
that its terms are acceptable.
The Board approved placement of this contract on the Board's agenda via pass -around dated June
11, 2021.
I recommend approval of this continuation contract for Weld's Retail Food, Child Care and
School Inspection Program.
2021-1658
()co
f93
(-HL0053
BOARD OF COUNTY COMMISSIONERS
PASS AROUND REVIEW
TITLE: Retail Food, Child Care, School Inspection Program Task Order Contract with CDPHE
DEPARTMENT: PUBLIC HEALTH & ENVIRONMENT
PERSON REQUESTING: Mark Lawley, Executive Director
DATE: June 11, 2021
Brief description of the problem/issue:
Enclosed for the Board's review and approval is a 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).
Under the provisions of this contract, the WCDPHE will conduct regulatory inspections, initiate interventions
and enforcement actions, review submitted plans, perform foodborne illness investigations, respond to
complaints, and comply with reporting requirements.
The contract term is July 1, 2021, through June 30, 2024, and is for $35,000 per state fiscal year. Activities will
be conducted by current staff; no additional FTE is being requested.
Assistant Weld County Attorney, Karin McDougal, has reviewed this contract and determined that its terms are
acceptable.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
Approval of the Contract will enable WCDPHE staff to provide a valuable service to the citizens of Weld
County, providing regulatory oversight of County establishments, including new construction plan review, and
participating in illness investigations as they occur.
While the retail food, child care and school inspections are delegated activities and could be conducted by
CDPHE, having County employees conduct these activities is recommended as it provides local input and
control. If CDPHE were to run this program, the services provided would be vastly diminished and completely
out of local control.
Recommendation: I recommend approval of this continuation contract for Weld's Retail Food, Child Care and
School Inspection Program.
Approve
Recommendation
Perry L. Buck
Mike Freeman
Scott K. James, Pro -Tern
Steve Moreno, Chair
Lori Saine
Schedule
Work Session Other/Comments:
DocuSign Envelope ID: 42142F45-87D1-4E05-BD06-3EEAD27DA9AE
DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT
CONTRACT
ROUTING NO.
2022*0259
APPROVED TASK ORDER CONTRACT - WAIVER #154
This task order contract is issued pursuant to master contract made on 11/23/2016, with routing number 18 FAA 00051.
STATE:
State of Colorado for the use & benefit of the
Department of Public Health and Environment
Division of Environmental Health and Sustainability
4300 Cherry Creek Drive South
Denver, CO 80246
CONTRACT MADE DATE: 04/22/2021
TERM:
This contract shall be effective upon approval by
the State Controller, or designee, or on 07/01/2021,
whichever is later. The contract shall end on 06/30/2024.
PROCUREMENT METHOD:
Exempt
BID/RFP/LIST PRICE AGREEMENT NUMBER:
N/A
LAW SPECIFIED VENDOR STATUTE:
N/A
STATE REPRESENTATIVE:
Sean Scott
Deputy Director
DEHS - A2
4300 Cherry Creek Drive S.
Denver, CO 80246
PROJECT DESCRIPTION:
Page 1 of 6
CONTRACTOR:
Board of County Commissioners of Weld County
(a political subdivision of the state of Colorado)
1150 "O" Street
Greeley, Colorado 80631
for the use and benefit of the
Weld County Department of Public Health and Environment
1555 North 17th Avenue
Greeley, Colorado 80631
CONTRACTOR DUNS: 75757955
CONTRACTOR ENTITY TYPE:
Political Subdivision
BILLING STATEMENTS RECEIVED:
Quarterly
Colorado
STATUTORY AUTHORITY: 25-4-1607(10), C.R.S.
CLASSIFICATION: Contractor
CONTRACT PRICE NOT TO EXCEED: $35,000.00
FEDERAL FUNDING DOLLARS: $0.00
STATE FUNDING DOLLARS: $35,000.00
OTHER FUNDING DOLLARS: $0.00
Specify "Other":
MAXIMUM AMOUNT AVAILABLE PER FISCAL YEAR:
FY22-24: $35,000.00
PRICE STRUCTURE: Cost Reimbursement
CONTRACTOR REPRESENTATIVE:
Mark Lawley
Weld County Department of Public Health and
Environment
1555 North 17th Avenue
Greeley, Colorado 80631
Ver 18.03.20
DocuSign Envelope ID: 42142F45-87D1-4E05-BD06-3EEAD27DA9AE
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.
Page 2 of 6
Ver 18.03.20
DocuSign Envelope ID: 42142F45-87D1-4E05-BD06-3EEAD27DA9AE
EXHIBITS:
The following exhibits are hereby incorporated:
Exhibit A - Additional Provisions
Exhibit B - Statement of Work
Exhibit C - Budget
Exhibit D - Option Letter
GENERAL PROVISIONS
The following clauses apply to this Task Order Contract. These general clauses may have been expanded upon or
made more specific in some instances in exhibits to this Task Order Contract. To the extent that other provisions of
this Task Order Contract provide more specificity than these general clauses, the more specific provision shall
control.
1. This Task Order Contract is being entered into pursuant to the terms and conditions of the Master Contract
including, but not limited to, Exhibit One thereto. The total term of this Task Order Contract, including any
renewals or extensions, may not exceed five (5) years. The parties intend and agree that all work shall be
performed according to the standards, terms and conditions set forth in the Master Contract.
2. In accordance with section 24-30-202(1), C.R.S., as amended, this Task Order Contract is not valid until it
has been approved by the State Controller, or an authorized delegee thereof. The Contractor is not
authorized to, and shall not; commence performance under this Task Order Contract until this Task Order
Contract has been approved by the State Controller or delegee. The State shall have no financial obligation
to the Contractor whatsoever for any work or services or, any costs or expenses, incurred by the Contractor
prior to the effective date of this Task Order Contract. If the State Controller approves this Task Order
Contract on or before its proposed effective date, then the Contractor shall commence performance under
this Task Order Contract on the proposed effective date. If the State Controller approves this Task Order
Contract after its proposed effective date, then the Contractor shall only commence performance under this
Task Order Contract on that later date. The initial term of this Task Order Contract shall continue through
and including the date specified on page one of this Task Order Contract, unless sooner terminated by the
parties pursuant to the terms and conditions of this Task Order Contract and/or the Master Contract.
Contractor's commencement of performance under this Task Order Contract shall be deemed acceptance of
the terms and conditions of this Task Order Contract.
3. The Master Contract and its exhibits and/or attachments are incorporated herein by this reference and made
a part hereof as if fully set forth herein. Unless otherwise stated, all exhibits and/or attachments to this Task
Order Contract are incorporated herein and made a part of this Task Order Contract. Unless otherwise stated,
the terms of this Task Order Contract shall control over any conflicting terms in any of its exhibits. In the event
of conflicts or inconsistencies between the Master Contract and this Task Order Contract (including its exhibits
Page 3 of 6
Ver 18.03.20
DocuSign Envelope ID: 42142F45-87D1-4E05-BD06-3EEAD27DA9AE
and/or attachments), or between this Task Order Contract and its exhibits and/or attachments, such conflicts or
inconsistencies shall be resolved by reference to the documents in the following order of priority: 1) the
Special Provisions of the Master Contract; 2) the Master Contract (other than the Special Provisions) and its
exhibits and attachments in the order specified in the Master Contract; 3) this Task Order Contract; 4) the
Additional Provisions - Exhibit A, and its attachments if included, to this Task Order Contract; 5) the
Scope/Statement of Work - Exhibit B, and its attachments if included, to this Task Order Contract; 6) other
exhibits/attachments to this Task Order Contract in their order of appearance.
4. The Contractor, in accordance with the terms and conditions of the Master Contract and this Task Order
Contract, shall perform and complete, in a timely and satisfactory manner, all work items described in the
Statement of Work and Budget, which are incorporated herein by this reference, made a part hereof and
attached hereto as "Exhibit B" and "Exhibit C".
5. The State, with the concurrence of the Contractor, may, among other things, prospectively renew or extend
the term of this Task Order Contract, subject to the limitations set forth in the Master Contract, increase or
decrease the amount payable under this Task Order Contract, or add to, delete from, and/or modify this
Task Order Contract's Statement of Work through a contract amendment. To be effective, the amendment
must be signed by the State and the Contractor, and be approved by the State Controller or an authorized
delegate thereof. This contract is subject to such modifications as may be required by changes in Federal or
State law, or their implementing regulations. Any such required modification shall automatically be
incorporated into and be part of this Task Order Contract on the effective date of such change as if fully set
forth herein.
6. The conditions, provisions, and terms of any RFP attached hereto, if applicable, establish the minimum
standards of performance that the Contractor must meet under this Task Order Contract. If the Contractor's
Proposal, if attached hereto, or any attachments or exhibits thereto, or the Scope/Statement of Work -
Exhibit B, establishes or creates standards of performance greater than those set forth in the RFP, then the
Contractor shall also meet those standards of performance under this Task Order Contract.
7. STATEWIDE CONTRACT MANAGEMENT SYSTEM [This section shall apply when the Effective
Date is on or after July 1, 2009 and the maximum amount payable to Contractor hereunder is $100,000 or
higher]
By entering into this Task Order Contract, Contractor agrees to be governed, and to abide, by the
provisions of CRS §24-102-205, §24-102-206, §24-103-601, §24-103.5-101 and §24-105-102 concerning
the monitoring of vendor performance on state contracts and inclusion of contract performance information
in a statewide contract management system.
Contractor's performance shall be evaluated in accordance with the terms and conditions of this Task Order
Contract, State law, including CRS §24-103.5-101, and State Fiscal Rules, Policies and Guidance.
Evaluation of Contractor's performance shall be part of the normal contract administration process and
Contractor's performance will be systematically recorded in the statewide Contract Management System.
Areas of review shall include, but shall not be limited to quality, cost and timeliness. Collection of
information relevant to the performance of Contractor's obligations under this Task Order Contract shall be
determined by the specific requirements of such obligations and shall include factors tailored to match the
requirements of the Statement of Project of this Task Order Contract. Such performance information shall
be entered into the statewide Contract Management System at intervals established in the Statement of
Project and a final review and rating shall be rendered within 30 days of the end of the Task Order Contract
term. Contractor shall be notified following each performance and shall address or correct any identified
problem in a timely manner and maintain work progress.
Should the final performance evaluation determine that Contractor demonstrated a gross failure to meet the
performance measures established under the Statement of Project, the Executive Director of the Colorado
Department of Personnel and Administration (Executive Director), upon request by the Colorado
Department of Public Health and Environment and showing of good cause, may debar Contractor and
Page 4 of 6
Ver 18.03.20
DocuSign Envelope ID: 42142F45-87D1-4E05-BD06-3EEAD27DA9AE
prohibit Contractor from bidding on future contracts. Contractor may contest the final evaluation and result
by: (i) filing rebuttal statements, which may result in either removal or correction of the evaluation (CRS
§24-105-102(6)), or (ii) under CRS §24-105-102(6), exercising the debarment protest and appeal rights
provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and
reinstatement of Contractor, by the Executive Director, upon showing of good cause.
8. If this Contract involves federal funds or compliance is otherwise federally mandated, the Contractor and
its agent(s) shall at all times during the term of this contract strictly adhere to all applicable federal laws,
state laws, Executive Orders and implementing regulations as they currently exist and may hereafter be
amended. Without limitation, these federal laws and regulations include the Federal Funding
Accountability and Transparency Act of 2006 (Public Law 109-282), as amended by §6062 of Public Law
110-252, including without limitation all data reporting requirements required there under. This Act is also
referred to as FFATA.
Page 5 of 6
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DocuSign Envelope ID: 42142F45-87D1-4E05-BD06-3EEAD27DA9AE
SIGNATURE PAGE
Contract Routing Number: 2022*0259
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
Weld County Department of Public Health and
Environment
p- DocuSigned by:
gum. &Loma
ignatur"e 4A`_..
Y� g
Steve Moreno
Name of Person Signing for Contractor
County Commissioner Chair
Title of Person Signing for Contractor
Date:
2021-06-23
STATE OF COLORADO
Jared S. Polis, Governor
Colorado Department of Public Health and Environment
Jill Hunsaker Ryan, MPH, Executive Director
,-DocuSigned by:
USA, ilit-00NAVAA,
13y:2Jri attf 4Fc...
Lisa McGovern
Name of Executive Director Delegate
Procurement & Contracts Section Director
Title of Executive Director Delegate
Date:
2021-06-23
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
pDocuSIgned by:
'-368F8AFC06514C4.
By: Signature
Travis Yoder
Name of State Controller Delegate
Controller
Title of State Controller Delegate
Contract Effective Date:
2021-06-26
-- Signature Page End --
Page 6 of 6
Ver 18.03.20
ft
DocuSign Envelope ID: 42142F45-87D1-4E05-BD06-3EEAD27DA9AE
EXHIBIT A
ADDITIONAL PROVISIONS
To Task Order Contract Dated 04/22/2021 Task Order Routing Number 2022*0259
These provisions are to be read and interpreted in conjunction with the provisions of the Task Order Contract specified
above.
1. To receive compensation under the Contract, the Contractor shall submit a signed Quarterly
CDPHE Reimbursement Invoice Form. This form is accessible from the CDPHE Internet website
https://www.colorado.gov/pacific/cdphe/standardized-invoice-form-and-links and is incorporated and made
part of this Contract by reference. CDPHE will provide technical assistance in accessing and completing
the form. The CDPHE 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 this Statement of Work and Budget.
Scan the completed and signed CDPHE Reimbursement Invoice Form into an electronic document. Email
the scanned invoice with the Excel workbook containing the Expenditure Details page to: Joe Lomeli,
Administrative and Business Services Unit Manager, Joe.lomeli@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.
a. Evaluation Period. The State shall have thirty (30) calendar days from the date a deliverable is
delivered to the State by the Contractor to evaluate that deliverable, except for those deliverables
that have a different time negotiated by the State and the Contractor.
b. Notice of Defect. If the State believes in good faith that a deliverable fails to meet the design
specifications for that particular deliverable, or is otherwise deficient, then the State shall notify
the Contractor of the failure or deficiencies, in writing, within thirty (30) calendar days of: 1) the
date the deliverable is delivered to the State by the Contractor if the State is aware of the failure or
deficiency at the time of delivery; or 2) the date the State becomes aware of the failure or
deficiency. The above time frame shall apply to all deliverables except for those deliverables that
have a different time negotiated by the State and the Contractor in writing pursuant to the State's
fiscal rules.
c. Time to Correct Defect. Upon receipt of timely written notice of an objection to a completed
deliverable, the Contractor shall have a reasonable period of time, not to exceed thirty (30)
calendar days, to correct the noted deficiencies. If the Contractor fails to correct such deficiencies
within thirty (30) calendar days, the Contractor shall be in default of its obligations under this
Task Order Contract and the State, at its option, may elect to terminate this Task Order Contract or
the Master Contract and all Task Order Contracts entered into pursuant to the Master Contract.
3. Health Insurance Portability and Accountability Act (HIPAA) Business Associate Determination.
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DocuSign Envelope ID: 42142F45-87D1-4E05-BD06-3EEAD27DA9AE
EXHIBIT A
The State has determined that this Contract does not constitute a Business Associate relationship under
HIPAA.
4. The State, at its discretion, shall have the option to extend the term under this Task Order beyond the Initial
Term for a period or for successive periods, of 1 year at the same rates and under the same terms specified
in the Task Order. In order to exercise this option, the State shall provide written notice to Contractor in as
form substantially equivalent to Exhibit D. If exercised, the provisions of the Option Letter shall become
part of and be incorporated in the original Task Order. The total duration of this Task Order shall not
exceed 5 years.
5. The State, at its discretion, shall have the option to increase or decrease the statewide quantity of Goods
and/or Services based upon the rates established in this Task Order and modify the maximum amount
payable accordingly. In order to exercise this option, the State shall provide written notice to Contractor in
as form substantially equivalent to Exhibit D. Delivery of Goods and/or performance of Services shall
continue at the same rates and terms as described in this Task Order.
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EXHIBIT B
STATEMENT OF WORK
To Original Contract Number 2022*0259
These provisions are to be read and interpreted in conjunction with the provisions of the contract specified above.
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.
II. Definitions:
1. CDPHE: Colorado Department of Public Health and Environment
2. DEHS: Division of Environmental Health and Sustainability
3. HACCP: Hazard Analysis Critical Control Points
4. Intervention: is considered a routine inspection and can include onsite training, announced inspection, or
a HACCP-based critical item inspection.
5. VNRFPS: Voluntary National Retail Food Regulatory Program Standards
III. Work Plan:
Goal #1: To protect and improve Colorado's environment and human health through education, collaboration and compliance
assurance in retail food establishments, child care facilities and schools.
Objective #1: No later than the expiration date of this contract, the Contractor shall provide environmental health services to
achieve the uniform statewide administration, implementation and enforcement of standards and rules
established by the CDPHE for retail food establishments, child care facilities and schools.
Primary Activity #1
The Contractor shall conduct regulatory inspections of retail food establishments in accordance
with state laws, regulations and standards.
Sub -Activities #1
1. The Contractor shall conduct on -site routine inspections of each retail food establishment
twice per year or at a frequency determined by a risk -based methodology approved by the
State.
2. The Contractor shall conduct interventions and re -inspections for those retail food
establishments that, through inspection findings, are identified as requiring re -inspections
or that require immediate closure.
3. The Contractor shall record inspection, intervention and compliance data into the State's
digital database or the Contractor's digital database no later than five (5) working days
after the last day of each month.
4. The Contractor shall complete semi-annual progress reports when requested by the State.
5. The Contractor shall complete an electronic data transfer report at a minimum of each
quarter, if not using the State's digital database.
Primary Activity #2
The Contractor shall uniformly implement and administer the Food Protection Act.
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Original Contract Number: 2022*0259
Ver. 01.11.19
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EXHIBIT B
Sub -Activities #2
1. The Contractor shall issue new and renewal licenses and certificates of license using the
State's digital database or Contractor -specific data system(s), and remit the State's $43.00
portion of applicable licensing fee to DEHS upon receipt of payment.
2. The Contractor shall respond to any plans and specifications or HACCP plans submitted
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 shall enroll and maintain progress in the US Food and Drug
Administration's (FDA) 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 on a
risk -based inspection frequency approved by the State.
a. The Contractor shall inspect guest child care and public services short-term child
care if operating in their jurisdiction annually.
2. The Contractor shall record inspection, intervention and compliance data into the
Contractor's digital database or the State's digital database no later than five (5) working
days after the last day of each month.
3. The Contractor shall review all plans submitted by child care facilities, if required by the
agency 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 child care program or supporting data system(s).
Primary Activity #4
The Contractor shall conduct regulatory inspections and assure regulatory compliance for
schools in accordance with state laws, regulations and standards.
Sub -Activities #4
1. The Contractor shall inspect each school that contains a laboratory or shop (high -risk
school) once per year.
2. The contractor shall inspect each school that does not contain a laboratory or shop (low -
risk school) at least once every three years.
3. The Contractor shall record inspection, intervention and compliance data into the
Contractor's digital database or the State's digital database no later than five (5) working
days after the last day of each month.
4. The Contractor shall review and approve plans submitted by schools.
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Original Contract Number: 2022*0259
Ver. 01.11.19
DocuSign Envelope ID: 42142F45-87D1-4E05-BD06-3EEAD27DA9AE
EXHIBIT B
5. The Contractor shall review all variance requests submitted by schools and provide a
recommendation for approval or denial to be considered by CDPHE.
6. The Contractor shall participate in individual and statewide trainings offered by DEHS for
the school program or supporting data system(s).
Standards and
Requirements
1. The Contractor shall comply with the Food Protection Act, C.R.S 25-4-1601, et.seq. This
document is incorporated and made part of this contract by reference and is available on
the following website:
https://www.colorado.gov/pacific/sites/default/files/DEH S_Retai l Fd_FoodProtectionAct_
RFLaw_25-4-16.pdf
a. The Contractor shall comply with all other policies, regulations, interpretive
memoranda, and documents issued by DEHS which are used to clarify interpretation
and implementation of the laws, rules and regulations.
2. The Contractor shall comply with the Colorado State Board of Health Rules 6 CCR 1010-
2, 6 CCR 1010-7, 6 CCR 1010-6. These documents are incorporated and made part of this
contract by reference and is available on the following website:
http://www.sos.state.co.us/CCR/GenerateRulePdf.do?ruleVersionld=5192
a. The Contractor shall comply with all other policies, regulations, interpretive
memoranda, and documents issued by DEHS which are used to clarify interpretation
and implementation of the laws, rules and regulations.
3. The Contractor shall comply with the Core Public Health Services regulations, the Rules
and Regulations Governing Schools, and all other policies, regulations, interpretive
memoranda, and documents issued by DEHS which are used to clarify interpretation and
implementation of the laws, rules and regulations.
4. 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 of 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 2013 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.
5. 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 eligibility requirements (including compliance with VNRFPS standard number
2) for standardization and participates in and successfully completes the standardization
exercise when scheduled by DEHS.
6. If the Contractor chooses to communicate inspection results to the public, the Contractor
shall use the State -approved methodology.
7. The Contractor shall maintain inspection and compliance records for retail food
establishments in a digital database in order for DEHS to determine:
a. An accurate and complete inventory of existing retail food establishments;
b. The number of inspections conducted;
c. Completion rates for required inspections and interventions;
Page 3 of 6
Original Contract Number: 2022*0259
Ver. 01.11.19
DocuSign Envelope ID: 42142F45-87O1-4E05-BO06-3EEAD27DA9AE
EXHIBIT B
d. The number of food -borne illness and critical item violations cited;
e. Whether food -borne illness and critical items identified on retail food establishment
inspections were corrected;
f. Whether the required inspection frequency was met; and
g. The number of enforcement actions taken to obtain compliance in retail food
establishments.
8. VNRFPS information is available on the following web site:
http://www. fda.gov/Food/G uidanceRegulation/Retai I FoodProtection/Program Standards/de
fault.htm and is incorporated and made part of this contract by reference.
9. Progress in the US Food and Drug Administration's (FDA) 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 number 2
assuring retail food inspectors meet national criteria for appropriate training and
education to adequately perform required inspections and interventions.
c. Demonstration of advancement toward compliance with VNRFPS standard number 3
assuring inspection focus on critical item risk factors, the correction of documented
deficiencies, 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.
10. The Contractor shall use the State inspection form, or a form approved by the State, and
mark the compliance status options for all critical violations as in compliance (In), out of
compliance (Out), not applicable (NA), or not observed (NO) during each retail food
establishments inspection.
11. The Contractor shall provide inspections and assure compliance to establish and enforce
sanitary standards for the operation and maintenance of schools and child care facilities in
accordance with Section 5 of 6 CCR 1014-7, Core Public Health Services, when sufficient
appropriations are absent.
a. 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.
12. The Contractor shall maintain adequate inspection and compliance records for schools and
child care establishments in a digital database in order for DEHS to determine:
a. An accurate and complete inventory of existing child care facilities;
b. The number of inspections conducted;
c. The number of critical item violations cited during child care facility and school
inspections, and whether critical items identified on inspections were corrected;
d. Completion rates for required inspections; and,
e. Whether the required inspection frequency was met.
13. The contractor shall follow the Child Care Inspection Training Standards for employees
when conducting inspections in child care facilities.
14. The Contractor shall adhere to the School Self -Certification Guidance issued by DEHS, if
conducting self -certification inspections.
15. The contractor shall follow the School Inspection Training Standards for employees
conducting inspections in schools.
16. DEHS will provide the following report templates to the Contractor:
a. semi-annual progress report template or other reporting method
Page 4 of 6
Original Contract Number: 2022'0259
Ver. 01.11.19
DocuSign Envelope ID: 42142F45-87D1-4E05-BD06-3EEAD27DA9AE
EXHIBIT B
b. quarterly inspection and compliance progress summary template
17. 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).
1.
Complete inspections and assure regulatory compliance in retail food establishments in
Expected Results of
proportion with the revenue generated from retail food license fees established by the State
Activity(s)
2.
so that the Contractor can maintain compliance with Title 25, Article 4, Part 16, C.R.S.
Complete inspections and assure regulatory compliance in child care facilities and schools
in proportion with the funding provided through this contract.
1.
The number of retail food inspections required to be completed by the Contractor during
the State fiscal year (based on the State's risk -based inspection scheduling methods or an
alternate risk -based methodology approved by the State), and the number of inspections
actually completed.
2.
The number of re -inspections and facilities closures required and completed in accordance
with state law.
Measurement of Expected
Results
3.
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.
4.
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.
5.
The number of low -risk school inspections required to be completed by the Contractor
during the State fiscal year and the number of low -risk school inspections actually
completed.
Completion Date
1.
The Contractor shall submit semi-annual progress reports to the
No later than
Deputy Director of DEHS via email.
January' 31
June 20
2.
The Contractor shall submit an electronic data transfer at a
minimum of each quarter in accordance with data standardization
No later than
October 31
Deliverables
workgroup protocol (if not using the State's digital database) to the
January 31
Deputy Director of DEHS via email.
April 30
June 20
3.
The Contractor shall submit a quarterly inspection and compliance
progress summary (if not using the State's digital database) to the
No later than
October 31
Deputy Director of DEHS via email.
January 31
April 30
June 20
IV. Monitoring:
CDPHE's monitoring of this contract for compliance with performance requirements will be conducted
throughout the contract period by the Deputy Director of DEHS. Methods used will include a review of
documentation determined by CDPHE to be reflective of performance to include progress reports,
inspection inventories, inspection reports, site visits, electronic data and joint inspections and other fiscal
and programmatic documentation as applicable. The Contractor's performance will be evaluated at set
intervals and communicated to the Contractor. A Final Contractor Performance Evaluation will be
conducted at the end of tie 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
Page 5 of 6
Original Contract Number: 2022*0259
Ver. 01.11.19
DocuSign Envelope ID: 42142F45-87O1-4E05-BD06-3EEAD27DA9AE
EXHIBIT B
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 6 of 6
Original Contract Number: 2022*0259 Ver. 01.11.19
DocuSign Envelope ID: 42142F45-87D1-4E05-BD06-3EEAD27DA9AE
EXHIBIT C
Budget
Agency Name
Total
Quarterly Distribution
Weld County Department of
Public Health and Environment
$35,000.00
$8,750.00
Original Contract Number: 2022*0259
DocuSign Envelope ID: 42142F45-87D1-4E05-BD06-3EEAD27DA9AE
EXHIBIT D
OPTION LETTER #: Click here to enter text.
State Agency :
Colorado Department Of Public Health and Environment
4300 Cherry Creek Dr S
Denver, CO 80246
Original Contract #
Click here to enter text.
Contractor (Name and Address)
Click here to enter text.
Option Contract Number
Click here to enter text.
Contract Performance Beginning Date :
Click here to enter a date.
Current Contract Expiration Date :
Click here to enter a date.
CONTRACT MAXIMUM AMOUNT TABLE
Document
Type
Contract
Routing #
Federal Funding
Amount*
State Funding
Amount
Other Funding
Amount
Term (dates)
Total
OL #1
$
Original
$
Current Contract Maximum
Amount (YTD)
$
1) OPTIONS
A. Option to extend for an Extension Term
B. Option to change quantity of goods under the Contract
C. Option to change quantity of services under the Contract
D. Option to change Contract rates
E. Option to initiate next phase of Contract
2) REQUIRED PROVISIONS:
A. In accordance with Section(s) Click here to enter text. of the Original Contract referenced
above the State hereby exercises its option for an additional term, beginning Click here to enter a
date. and ending on the current contract expiration date shown above, at the rates stated in the
Original Contract, as amended.
B. In accordance with Section(s) Click here to enter text. of the Original Contract referenced
above, the State hereby exercises its option to Choose an item. the quantity of Choose an item. at
the rates stated in the Original Contract as amended for the following reason: Click here to
enter text..
C. In accordance with Section(s) Click here to enter text. of the Original Contract referenced
above the State hereby exercises its option to modify the Contract rates specified in Click here to
enter text. for the following reason: Click here to enter text.. The Contract rates attached to this
Option Letter replace the rates in the Original Contract as of the Option Effective Date of this
Option Letter.
D. In accordance with Section(s) Click here to enter text. of the Original Contract referenced
above, the State hereby exercise its option to initiate Phase Click here to enter text., which shall
begin on Click here to enter a date. and end on Click here to enter a date. at the cost/price
specified in Section Click here to enter text..
E. The Contract Maximum Amount table is deleted and replace with the Current Contract
Maximum Amount Maximum Amount table shown above.
3) OPTION EFFECTIVE DATE:
A. The effective date of this Option Letter is upon approval of the State Controller or Click here
to enter a date. whichever is later.
Option Letter Contract Number:
Page 1 of 2 Ver. 13.2.19
DocuSign Envelope ID: 42142F45-87O1-4E05-BD06-3EEAD27DA9AE
EXHIBIT D
PROGRAM APPROVAL
By:
Date:
STATE OF COLORADO
Jared S. Polis, Governor
Department of Public Health and Environment
Jill Hunsaker Ryan MPH, Executive Director
By: Lisa McGovern, Purchasing & Contracts Section
Director, CDPHE
Date:
ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State Contracts. This
Contract is not valid until signed and dated below by the State Controller or delegate.
Contractor is not authorized to begin performance until such time. If Contractor begins
performing prior thereto, the State of Colorado is not obligated to pay Contractor for
such performance or for any goods and/or services provided hereunder.
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
By:
Date:
Option Letter Contract Number:
Page 2 of2 Ver. 13.2.19
Contract Form
New Contract Request
Entity information
Entity Name*
COLORADO DEPT OF PUBLIC
HEALTH/ ENVIRONMENT
Entity ID*
?00001926
❑ New Entity?
Contract Name' Contract ID
CDPHE RETAIL FOOD ESTABLISHMENT INSPECTION 4879
PROGRAM TASK ORDER CONTRACT AMENDMENT #2
Contract Status
CTB REVIEW
Contract Lead*
AGOMEZ
Contract Lead Email
agomezgeweldgov.com
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
FY22-24 RETAIL FOOD ESTABLISHMENT INSPECTION PROGRAM TASK ORDER CONTRACT AMENDMENT #2
19 FEFA 109329
Contract Description 2
STATE CONTRACT 2022"(3259
ORIGINAL TASK ORDER 17 FEFA 91102
Contract Type
CONTRACT
Amount*
S 35,000.00
Renewable*
NO
Automatic Renewal
NO
Grant
NO
IGA
NO
Department
HEALTH
Department Email
CM -Health wekdgov.com
Department Head Email
CM-Health-
DeptHead# iveldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COU NTYATTO RN EYL&WE LDG
OV.COM
If this is a renewal enter previous Contract ID
1885
If this is part of a MSA enter MSA Contract ID
Requested 13OCC Agenda
Date'
06:23;2021
Due Date
06 19;'2021
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
07r01:2021
Review Date*
04; 01 ;'2024
Termination Notice Period Committed Delivery Date
Contact Information
Contact Info
Contact Name
Purchasing
Contact Type Contact Email
Renewal Date
Expiration Date*
06:30:2024
Contact Phone 1 Contact Phone 2
Purchasing Approver Purchasing Approved Date
Approval Process
Department Head
TANYA GEISER
DH Approved Date
06,'18,2021
Final Approval
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
06,2312021
Originator
AGOMEZ
Finance Approver
CHRIS D'OVIDIO
Legal Counsel
BOB CHOATE
Finance Approved Date Legal Counsel Approved Date
06;21 ,t' 2021 06,21 2021
Tyler Ref #
AG 062321
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