HomeMy WebLinkAbout20203368.tiffRESOLUTION
RE: APPROVE TASK ORDER CONTRACT 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 a Task Order Contract 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, Prevention Services Division, commencing upon
full execution of signatures, and ending September 29, 2021, 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 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, Prevention Services Division, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign and submit said contract electronically.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 16th day of November, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: di:Met) < JCle+ti
Weld County Clerk to the Board
BY:
APP
Deputy Clerk to the Board
Cou ¶Attorney
Date of signature: I I / iq
EXCUSED
Mike Freeman, Chair
Steve M
reno, Pro-Tem
Scott II -Tames
Kevin D. Ross
CC : 1-I L (T&)
I I a /2o
2020-3368
HL0052
�ontrotcf #9 t. 8'
Memorandum
TO: Mike Freeman, Chair
Board of County Commissioners
FROM: Mark Lawley
Deputy Director
Department of Public Health & Environment
DATE: November 9, 2020
SUBJECT: CDPHE FY21 FDA Tobacco Retail
Inspection Task Order Contract
For the Board's approval is a task order contract between the Colorado Department of Public Health
and Environment (CDPHE) and the Board of County Commissioners of Weld County for the use and
benefit of the Weld County Department of Public Health and Environment (WCDPHE) to continue the
FDA Enforcement of Family Smoking Prevention and Tobacco Control project.
Tobacco use continues to be one of the main causes of death and disability in Colorado and Weld
County. The scope of work for this contract is to actively enforce provisions of the Family Smoking
Prevention and Tobacco Control Act in the northeast region for compliance with the sale to minor
provisions and for advertising and labeling restrictions.
This funding will cover one (1.0 FTE) Community Inspector position, and several part-time underage
minors and a chaperone, who will conduct a minimum of 1,510 inspections in an 11 -county region on
the FDA Tobacco Retailer Inspection Map or as directed by CDPHE for compliance with the law. The
contract amount is $164,830.33, all of which is federal funding. The contract becomes effective with
the contract execution and ends September 29, 2021. Activities will be conducted by current staff; no
additional FTE is being requested.
Assistant County Attorney, Karin MacDougal, has reviewed the terms of this contract and
determined them to be acceptable.
The Board approved placement of this contract on the Board's agenda via pass -around dated
November 2, 2020.
I recommend approval of this FY21 FDA Tobacco Retail Inspection Task Order Contract with
CDPHE.
2020-3368
HLOO5
DocuSign Envelope ID: 6AF6815D-DADE-48B8-A9DF-C382511 CA9F6
DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT
CONTRACT
ROUTING NO.
2021*2930
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
Prevention Services Division
Tobacco — FDA
4300 Cherry Creek Drive South
Denver, Colorado 80246
CONTRACT MADE DATE: 10/09/2020
TERM:
This contract shall be effective upon approval by
the State Controller, or designee, or on 10/15/2020,
whichever is later. The contract shall end on 09/29/2021.
PROCUREMENT METHOD:
Exempt
BID/RFP/LIST PRICE AGREEMENT NUMBER:
LAW SPECIFIED VENDOR STATUTE:
STATE REPRESENTATIVE:
Natalya Verscheure, MA
Tobacco Program Manager
Prevention Services Division
4300 Cherry Creek Drive South
A-5
Denver, Colorado 80246
CONTRACTOR:
Board of County Commissioners of Weld County
for the use and benefit of the Weld County Department
of Public Health and Environment
1555 North 17th Avenue
Greeley, Colorado 80631
CONTRACTOR DUNS: 075757955
CONTRACTOR ENTITY TYPE:
Political Subdivision Colorado
BILLING STATEMENTS RECEIVED:
Monthly
STATUTORY AUTHORITY: Not Applicable
CLASSIFICATION: Contractor
CONTRACT PRICE NOT TO EXCEED: $164,830.33
FEDERAL FUNDING DOLLARS: $164,830.33
STATE FUNDING DOLLARS:
OTHER FUNDING DOLLARS:
Specify "Other":
MAXIMUM AMOUNT AVAILABLE PER FISCAL YEAR:
FY21: $164,830.33
PRICE STRUCTURE:
Fixed Price
CONTRACTOR REPRESENTATIVE:
Tanya Geiser -Director Administrative Services
Weld County Department of Public Health and
Environment
1555 N. 17th Ave., Greeley, Colorado 80631
PROJECT DESCRIPTION:
This project serves 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
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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
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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
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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.
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SIGNATURE PAGE
Contract Routing Number: 2021 *2930
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 for the
use and benefit of the Weld County Department of
Health and Environment
e —DocuSigned by:
F74RAnR0A3n44A1
By: Signature
Steve Moreno
Name of Person Signing for Contractor
Steve Moreno Chair Pro Tem
Title of Person Signing for Contractor
Date:
2020-11-16
STATE OF COLORADO
Jared S. Polis, Governor
Colorado Department of Public Health and Environment
Jill Hunsaker Ryan, MPH, Executive Director
Lisa
McGovern
,—DocuSigned by:
Use(' Atc, tut,vtn,
\---2FDFA70A1A7n4FC
By: Signature
Name of Executive Director Delegate
Procurement & Contracts Section Director
Title of Executive Director Delegate
Date:
2020-11-17
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
,—DocuSigned by:
-368F8AFC06514C4
By: Signature
Travis Yoder
Name of State Controller Delegate
Controller
Title of State Controller Delegate
Contract Effective Date:
2020-11-19
-- Signature Page End --
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aoo2a-33(08
DocuSign Envelope ID: 6AF6815D-DADE-4868-A9DF-C382511 CA9F6
EXHIBIT A
ADDITIONAL PROVISIONS
To Task Order Contract Dated 10/09/20 Task Order Routing Number 2021 *2930
These provisions are to be read and interpreted in conjunction with the provisions of the Task Order Contract specified
above.
1. This Task Order Contract contains federal funds.
2. The United States Department of Health and Human Services ("USDHHS"), through the Food and Drug
Administration ("FDA") has awarded as of 09/30/2020 anticipated federal funds of $1,622,158.27 under
Contract number HHS75F40120C00145, to perform the following — Colorado State Tobacco Retailer
Inspections.
If the underlying Award authorizes the State to pay all allowable and allocable expenses of a Contractor as
of the Effective Date of that Award, then the State shall reimburse the Contractor for any allowable and
allocable expenses of the Contractor that have been incurred by the Contractor since the proposed Effective
Date of this Task Order Contract. If the underlying Award does not authorize the State to pay all allowable
and allocable expenses of a Contractor as of the Effective Date of that Award, then the State shall only
reimburse the Contractor for those allowable and allocable expenses of the Contractor that are incurred by
the Contractor on or after the Effective Date of this Task Order Contract, with such effective date being the
later of the date specified in this Task Order Contract or the date the Task Order Contract is signed by the
State Controller or delegee.
3. 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://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: FDA Lead
Program Coordinator at cdphe fdaAstate.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.
4. Time Limit For Acceptance Of Deliverables.
a. 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.
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Contract_Exhibit-A_AdditionalProvisions_TaskOrder_17.5.3
Original Contract Number: 2021*2930
DocuSign Envelope ID: 6AF6815D-DADE-48B8-A9DF-C382511 CA9F6
EXHIBIT A
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. If the Contractor fails to correct such deficiencies
within fifteen (15) 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.
5. 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.
6. This award does not include funds for Research and Development.
7. 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 increase 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.
8. 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.
9. 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.
10. 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
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Contract_Exhibit-A_Additionall'rovisions_TaskOrdcr_17.5.3
Original Contract Number. 2021*2930
DocuSign Envelope ID: 6AF6815D-DADE-48B8-A9DF-C382511 CA9F6
EXHIBIT A
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.
11. Contractor shall request prior approval in writing from the State for all modifications in 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. Any request for modifications to the Budget in excess of twenty-five percent
(25%) of the total budget for direct costs shall be submitted to the State at least 90 days prior to the end of
the contract period and may require an amendment in accordance with Section 5, Contract Modifications,
of this Task Order Contract.
12. 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 Task Order Contract. At the end
of the term of this Task Order Contract, the State shall approve the disposition of all equipment.
13. Contractor shall not use funds provided under this Task Order Contract for the purpose of lobbying as
defined in Colorado Revised Statutes (C.R.S.) 24-6-301(3.5)(a).
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Contract_►?xhibit-A_AdditionalProvisions_TaskOrdcr_17.5.3
Original Contract Number: 2021*2930
DocuSign Envelope ID: 6AF6815D-DADE-48B8-A9DF-C382511 CA9F6
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
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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
RT .
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.
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Original Contract Number 2021 *2930
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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
Original Contract Number 2021 *2930
Ver. 01.11.19
DocuSign Envelope ID: 6AF6815D-DADE-4898-A9DF-C382511 CA9F6
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
Original Contract Number 2021 *2930
Ver. 01.11.19
DocuSign Envelope ID: 6AF6815D-DADE-48B8-A9DF-C382511 CA9F6
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
Expected
Results of
Activity(s)
Original Contract Number 2021 *2930
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
Ver. 01.11.19
DocuSign Envelope ID: 6AF6815D-DADE-48B8-A9DF-C382511 CA9F6
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 tobacco products
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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.
Deliverables
3. The Contractor shall submit completed
inspection reports in the FDA TIMS
system.
Due date as assigned in
TIMS.
4. The Contractor shall submit physical
inspection results/evidence to the CDPHE
FDA Program Coordinator via Federal
Express Overnight Mail.
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 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
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
Original Contract Number 2021 *2930 Ver. 01.11.19
DocuSign Envelope ID: 6AF6815D-DADE-4888-A9DF-C382511CA9F6
Exhibit C Budget
COLORADO
Department of Public
Health & Environment
PREVENTION SERVICES DIVISION- FIXED PRICE BUDGET WITH JUSTIFICATION FORM
Contractor Name
Weld County Department of Public Health and
Environment
Program Contact Name,
Title, Phone and Email
Joshua Ochs
jochs@weldgov.com
970.988.2008
Budget Period
Contract Execution - September 29, 2021
Fiscal Contact Name, Title,
Phone and Email
Tanya Geiser
tgeiser@weldgov.com
970.400.2122
Project Name
FDA Tobacco Retail Compliance Check Inspection
Program
Contract (CT or PO)
Number
2021*2930
Expenditure Categories
Personal
Salaried
Services
Employees
Position Title
Description of Work
Gross or
Annual
Salary
Fringe
Percent of
Time on
Project
Total Amount
Requested from
CDPHE
NOT APPLICABLE TO FIXED PRICE BUDGET
$
Personal
Hourly
Employees
Services
Position Title
Description of Work
Hourly Wage
Hourly
Fringe
Total # of
Hours on
Project
Total Amount
Requested from
CDPHE
NOT APPLICABLE TO FIXED PRICE BUDGET
$
Total Personal Services (including fringe benefits)
$ -
Supplies
81
Operating Expenses
Item
Description of Item
Rate
Quantity
Total Amount
Requested from
CDPHE
NOT APPLICABLE
TO
FIXED
PRICE BUDGET
Total Supplies & Operating
$ -
Original Contract Number: 2021*2930 Page 1 of 2
DocuSign Envelope ID: 6AF6815D-DADE-48B8-A9DF-O382511 CA9F6
Exhibit C Budget
PREVENTION SERVICES DIVISION- FIXED PRICE BUDGET WITH JUSTIFICATION FORM
Contractor Name
Weld County Department of Public Health and
Environment
Program Contact Name,
Title, Phone and Email
Joshua Ochs
jochs@weldgov.com
970.988.2008
Budget Period
Contract Execution - September 29, 2021
Fiscal Contact Name, Title,
Phone and Email
Tanya Geiser
tgeiser@weldgov.com
970.400.2122
Project Name
FDA Tobacco Retail Compliance Check Inspection
Program
Contract (CT or PO)
Number
2021*2930
Travel
Item
Description of Item
Rate
Quantity
Total Amount
Requested from
CDPHE
NOT APPLICABLE TO FIXED PRICE BUDGET
$ -
Total Travel
$ -
Contractual
Subcontractor Name
Description of Item
Rate
Quantity
Total Amount
Requested from
CDPHE
NOT APPLICABLE TO FIXED PRICE BUDGET
$
Total
Contractual
$ -
Other
Costs
Primary Activity /
Deliverable
Description of Activity
Rate
Quantity
Total Amount
Requested from
CDPHE
Full statement of work
FDA -directed Undercover Buys (UB)
$ 109.15916
1050
$ 114,617.12
Full statement of work
FDA -directed Advertising & Labeling inspections (A&L)
$ 109.15916
460
$ 50,213.21
$
Total
Other
Costs
$ 164,830.33
SUB -TOTAL OF DIRECT
$ 164,830.33
COSTS
Indirect
Item
Description of Item
Total Amount
Requested from
CDPHE
NOT APPLICABLE TO FIXED PRICE BUDGET
Total
Indirect
$ -
TOTA
$ 164,830.33
Original Contract Number: 2021*2930 Page 2 of 2
DocuSign Envelope ID: 6AF6815D-DADE-4858-A9DF-C382511 CA9F6
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.
Original Contract Number: 2021 *2930
Page 1 of 2 Ver. 13.2.19
DocuSign Envelope ID: 6AF6815D-DADE-48B8-A9DF-O382511 CA9F6
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:
Original Contract Number: 2021 *2930
Page 2 of 2 Ver. 13.2.19
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