HomeMy WebLinkAbout20173885.tiffRESOLUTION
RE: APPROVE TASK ORDER CONTRACT FOR FDA TOBACCO RETAIL INSPECTION
CONTINUATION AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Task Order Contract for FDA Tobacco
Retail Inspection Continuation between the County of Weld, State of Colorado, by and through
the Board of County Commissioners of Weld County, on behalf of the Department of Public Health
and Environment, and the Colorado Department of Public Health and Environment, commencing
upon full execution of signatures and ending September 29, 2018, with further terms and
conditions being as stated in said task order contract, and
WHEREAS, after review, the Board deems it advisable to approve said task order
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 FDA Tobacco Retail Inspection Continuation
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Department of Public Health and Environment,
and the Colorado Department of Public Health and Environment be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said task order contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 15th day of November, A.D., 2017.
ATTEST: j (sue, .S%ei
Weld County Clerk to the Board
BY:
uty Clerk to the Board
APPROV D AS
y Attorney
Date of signature: i 'ate/ 17
BOARD OF COUNTY COMMISSIONERS
WELD COTY, COLORADO
care —A. ozad, Chair
Steve Moreno, Pro -Tern
arbara Kirkmeyer
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2017-3885
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Memorandum
TO: Julie A. Cozad, Chair
Board of County Commissioners
FROM: Mark E. Wallace, MD, MPH
Executive Director
Department of Public Health & Environment
DATE: November 6, 2017
SUBJECT: CDPHE FDA Tobacco Retail Inspection
Contract Continuation
For the Board's review and 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. The program is funded through CDPHE via federal pass -through funds from the Food and
Drug Administration ("FDA") in the amount of $153,440 each federal fiscal year.
Tobacco use continues to be one of the main causes of death and disability in Colorado and Weld
County. WCDPHE has an opportunity to obtain funding from CDPHE to continue the work
established over the past several years related to tobacco retailer compliance inspections. 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. If approved, WCDPHE will continue to collaborate
with its trained inspector and minors to reduce illegal tobacco sales in a 10 -county region
(northeast Colorado area). The FDA conducts all warning and enforcement actions; WCDPHE only
is tasked with conducting the initial inspection. The inspection team includes an underage minor,
a chaperone, and the inspector (a WCDPHE employee).
The term of this contract begins immediately upon approval by the State Controller and ends
September 29, 2018. Activities will be conducted by current staff; no additional FTE is being
requested at this time.
This contract was approved for placement on the Board's agenda via pass -around dated
November 3, 2017. I recommend approval of the task order contract with CDPHE.
2017-3885
DEPARTMENT OF PUBLIC HEALTH AND
ENVIRONMENT
CMS ROUTING NO. 18 FHLA 105420
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: 10/12/2017
CORE ENCUMBRANCE NUMBER:
Pending
TERM:
This contract shall be effective upon approval by
the State Controller, or designee, or on 10/20/2017,
whichever is later. The contract shall end on 09/29/2020.
PROCUREMENT METHOD:
Exempt
BID/RFP/LIST PRICE AGREEMENT NUMBER:
Not Applicable
LAW SPECIFIED VENDOR STATUTE:
Not Applicable
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: $153,440.00
FEDERAL FUNDING DOLLARS: $153,440.00
STATE FUNDING DOLLARS: $0.00
OTHER FUNDING DOLLARS: $0.00
Specify ..Other": Not Applicable
MAXIMUM AMOUNT AVAILABLE PER FISCAL YEAR:
FY18: $153,440.00
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.
Page 1 of 6
18 FHLA 105420 OC ver 12.10.17
EXI IIBITS:
The following exhibits are hereby incorporated:
Exhibit A - Additional Provisions (and any of its Attachments; e.g., A -1, A-2, etc.)
Exhibit B - Statement of Work (and any of its Attachments; e.g., B -1, B-2, etc.)
Exhibit C - Budget (and any of its Attachments; e.g., C-1, C-2, etc.)
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 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
Page 2 of 6
18 FHLA 105420 OC ver 12.10.17
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 3 of 6
18 FHLA 105420 OC ver 12.10.17
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 4 of 6
18 FHLA 105420 OC ver 12.10.17
SIGNATURE PAGE
Contract Routing Number: 18 FHLA 105420
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.
By:
CONTRACTOR
Board of County Commissioners of Weld County for
the use and benefit of the Weld County Department of
Public Health and Environment
(a political subdivision of the state of Colorado)
Julie A. Cozad
Print Name of Authorized Individual
Chair
Print/litle of Authoring} Individual
Signature of Authorizeividual
NOV 15 2017
Date
PROGRAM APPROVAL
Colorado Department of Public Health and Environment
Signature of Authori =d I IPHE Program Approver
By:
STATE OF COLORADO
John W. Hickenlooper, Governor
Colorado Department of Public Health and
Environment
Larry Wolk, MD, MSPH, Executive Director and
Chief Medical Officer
G �
Nla?507)-e
Lisa McGovern
Purchasing and Contracting Section Director, CDPHE
I 2t r '1
Date
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
bert Jaros,
By:
Agency Delegate
Effective Date:
, MBA, JD
18 FHLA 105420 OC ver 12.10.17
Page 5 of 6
tX.o/7-.3sfefa(?)
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Page 6 of 6
18 FHLA 105420 OC ver 12.10.17
EXHIBIT .A
ADDITIONAL PROVISIONS
To Task Order Contract Dated 10/12/2017 CMS Task Order Routing Number 18 FHLA 105420
These prow isions 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 09/30/2017 anticipated federal funds of $1,494,056.00 under
Contract number HHSF223201710214C, 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 fda@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.
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.
Page 1 of 3
Contract _Exhibit -A. ldditionalProvi ions_1'askOrder_17.5.3
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. 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 expressprior written consent of the State or as
otherwise required by law. This includes a prior written request by the Contractor to the State for
submission of abstracts or reports to conferences, which utilize data collected under this Task Order
Contract.
Notwithstanding the foregoing, the Contractor shall be entitled to retain a set of any such data collected or
work papers necessary to perform its duties under this Task Order Contract and in accordance with
professional standards.
9. If Contractor indicates full expenditure of funds under this Task Order Contract by June 30th of each grant
year and the full expenditure does not occur, CDPHE has the option to reduce current or upcoming Task
Order Contract by said amount or a percent deemed reasonable by CDPITE. CDPHE will notify the
Contractor of the potential need to decrease the current or upcoming budget. If the Contractor indicates at a
later date than June 30th of each grant year an expectation of surplus of funds or inability to fully expend
said funds for unforeseen circumstances that Contractor had not anticipated by June 30th, CDPHE will
reallocate unspent funds without any penalties to the Contractor.
Upon receipt of timely written notice of an objection by the State for inability to fully expend funds, the
Contractor shall have a reasonable period of time not to exceed ten (10) calendar days to respond to the
action. If no dispute is received by the State within ten (10) calendar days, the State has the option to
reduce the current budget for the current year and any upcoming budget for future contractual agreements.
Page 2 of 3
Contract _Exhibit-A_AdditionalProvisions_CaskOrder_17.5.3
EXHIBIT A
10. 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.
1 I . 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.
12. 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).
13. All inspectors, direct supervisors of inspectors, and chaperones working under this Task Order Contract
shall attain or maintain FDA commissioning status and participate in training as required by the FDA and
CDPHE.
14. All employees and subcontractors working under this Task Order Contract shall maintain FDA Tobacco
Retailer Compliance Check Program (Program) confidentiality. No data resulting from FDA Tobacco
Retailer Compliance Check Inspections, including data available in the Tobacco Inspection Management
System (TIMS), shall be shared with entities outside of FDA, CDPHE, or Program staff.
15. CDPHE reserves the right to prohibit personnel, commissioned or non-commissioned, from working under
this contract for performance issues and conflicts at any time.
16. Upon separation of a commissioned employee or subcontractor, Contractor shall ensure the commissioning
credentials and/or certificates and all equipment are returned to the FDA as instructed by CDPHE.
Page 3 of 3
Contract Exhibit-A_.\dditionalProvisions_TaskOrder 17.5.3
EXHIBIT B
STATEMENT OF WORK
To Original Contract Routing Number 18 FHLA 105420
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
H. 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.
III. Definitions:
1. CDPHE: Colorado Department of Public Health and Envrionment
2. FDA: United States Food and Drug Administration
3. LMS: Learning Management System
4. PC: Program Coordinator
5. TIMS: Tobacco Inspection Management System
6. The Program: FDA Tobacco Retailer Compliance Check Inspection Program
IV. Work Plan:
Goal #1: Enforce provision of The Family Smoking Prevention and Tobacco Control Act by ensuring compliance with the
Federal regulations and conducting the required number of compliance inspections.
Objective #1: No later than the expiration date of this contract, recruit and retain commissioned and trained staff to conduct
assigned number of inspections as directed by CDPHE.
Primary Activity #1
The Contractor shall, as needed, hire inspector, supervisor and chaperone staff to work in FDA
Tobacco Retailer Compliance Check program.
Sub -Activities #1
1. The Contractor shall provide required information to CDPHE Program Coordinator as
documented in CDPHE FDA Program Guidance: Onboarding New Employees within 14
days of hire.
2. The Contractor shall direct all inspectors, direct supervisors of inspectors and chaperones
(i.e., program staff) attain and maintain commissioning and participate in training as
required by the FDA and CDPHE.
3. The Contractor shall direct that program staff complete all Phase training for their position
as outlined in the CDPHE FDA Program Guidance: Phase Training.
Primary Activity #2
The Contractor shall recruit, hire, and train minors to conduct inspections.
Objective #2: No later than the expiration date of this contract, plan and conduct compliance inspections in accordance with
established FDA and CDPHE protocols.
Primary Activity #1
The Contractor shall conduct tobacco retail compliance inspections based on assignments made
by FDA and CDPHE and in accordance with established/updated Program protocols.
Sub -Activities
#1
1. The Contractor shall direct that FDA issued iPhones be synched nightly and perform
software updates on iPhones as mandated by FDA and directed by CDPHE
2. The Contractor shall utilize the Request for Inspections Form provided by CDPHE when
additional inspections are needed.
3. The Contractor shall conduct preinspection coordination activities as outlined by FDA and
CDPHE.
4. The Contractor shall complete the required number of inspections (e.g., Contractor Directed
and FDA Directed) with an error rate under 20%.
5. The Contractor shall follow inspection instructions as directed in TIMS inspection
comments.
6. The Contractor shall complete compliance inspections by the due date listed on the
inspection in TIMS.
version: Contract Statement of Work — Exhibit B
December 2O15
Page 1 of 4
18 FHLA 105420 Ex B
EXHIBIT B
7. The Contractor shall document inspection results in TIMS at the time of inspection and
submit to CDPHE within 48 hours of the initiation of the inspection.
8. The Contractor shall respond to all requests for corrections or clarification to documentation
within 24 hours of the request.
Objective #3: No later than the expiration date of this contract, maintain proper evidence handling, storage, and shipment
protocols in alignment with FDA and CDPHE guidance and policy.
Primary Activity #1
The Contractor shall establish and maintain a secure evidence storage area.
Sub -Activities #1
1. The Contractor shall direct the secure evidence storage area consists of a locked area that is
accessible to only inspectors commissioned with the FDA Tobacco Retailer Compliance
Check Inspection Program.
2. The Contractor shall direct that a secure evidence storage area is utilized for evidence
storage and Program supplies. The storage area may be used for nothing else.
3. The Contractor shall direct that FDA Commissioned Officer(s) maintain the security of the
storage area and keys.
4. The Contractor shall direct that program staff protect the integrity of evidence/data and
comply with all FDA and CDPHE evidence handling and storage protocols and timelines as
detailed in the following documents:
a. CDPHE FDA Program Supplies and Equipment Policy
b. CDPHE FDA Electronic Submissions — Records Retention Policy
Primary Activity #2
The Contractor shall maintain the chain of evidence through adhering to shipment and
processing protocols for evidence.
Sub -Activities #2
The Contractor shall direct that evidence is consistently and properly prepared and physically
or electronically shipped according to protocol and timelines as outlined in: CDPHE FDA
Program Evidence Shipping and Tracking Policy.
Objective #4: No later than the expiration date of this contract, perform all other non -inspection functions necessary to ensure
the Program is able to obtain and maintain capacity to conduct inspections.
Primary Activity #1
The Contractor shall maintain regular communication with CDPHE.
Primary Activity #2
The Contractor shall abide by process changes required to maintain accountability,
enforcement, and efficiency of the Program and accuracy of compliance check inspection data
and evidence.
Sub -Activities
#2
1. The Contractor shall direct that emails from CDPHE PC are read within 48 hours.
a. For documentation, PC will request a read receipt.
b. Inspectors are expected to acknowledge as documentation of compliance.
2. The Contractor shall direct that all non -FDA issued equipment be running at the security
standards outlined by the CDPHE PC.
Standards
Requirements
and
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, incorporated and made part of this contract by reference and available through the
following web link:
https://drive.google.com/open?id=0B13O4isZokUdaINMVFNGMVhQRTO .
3. The Contractor shall direct at least one (1) inspector from each region attend the CDPHE
hosted monthly conference call.
4. The Contractor shall participate in annual site visits with CDPHE staff. Inspectors and
supervisors are required to attend.
5. The Contractor shall participate in Quarterly Cost Spending Analysis Meetings with CDPHE
PC. Inspectors and Supervisors are required to attend.
6. The Contractor shall participate in Annual Training with CDPHE. Annual Training will be
version: Contract Statement of Work - Exhibit B
December 2015
Page 2 of 4
18 FHLA 105420 Ex B
EXHIBIT B
conducted in person at a location chosen by CDPHE PC(s).
7. The Contractor shall participate in two (2) annual refresher trainings provided
8. The Contractor shall participate in other required training with FDA.
9. The Contractor shall direct that inspectors contact CDPHE PC when technical
needed. On call technical assistance is provided for after-hours emergencies
the FDA Progam Manual.
10. The Contractor shall, unless otherwise stated, submit monthly progress
CDPHE FDA@state.co.us
by FDA.
assistance is
as detailed in
reports via email to
staff daily
Program
via email to
and sub -activities
of the need for an
with the
11. The Contractor shall direct each inspector check email received from CDPI-IE
before conducting inspections.
12.CDPHE PC will send all FDA Tobacco Retailer Compliance Check Inspection
information via email.
13.The Contractor shall direct that all revised policies are signed and submitted
CDPHE FDA@state.co.us by the due date requested.
14. The Contractor shall direct that any exceptions to the previous activities
be granted by the CDPHE PC and be requested in writing within 48 hours
extension (e.g., with the exception of extreme circumstances to be discussed
CDPHE PC)
Expected Results of
Activity(s)
Full completion of the required number of inspections with an error rate under 20% in
accordance with CDPHE FDA Program Guidance: Onboarding and CDPHE FDA Program
Guidance: Metrics Tracking.
Measurement of Expected
Results
FDA provides CDPHE PC(s) with a Weekly Training Issues Report. Please see CDPHE FDA
Program Guidance: Metrics Tracking.
Completion Date
Deliverables
I . The Contractor shall submit Monthly Program Reports.
No later than the 6th
of the month
following each
reporting month.
2. The Contractor shall submit Monthly Invoices.
No later than 45
calendar days after
the end of each
month.
3. The Contractor shall sign and submit the CDPHE FDA Policies.
No later than 14
calendar days after
contract execution
and annually for the
contract term.
4. The Contractor shall update former staff contact information.
No later than 30
calendar days after
contract execution
and annually for the
contract term.
5. The Contractor shall conduct inspections as assigned in TIMS.
Ongoing; due date
assigned in TIMS.
V. Monitoring:
CDPHE's monitoring of this contract for compliance with performance requirements will be conducted throughout
the contract period by the Program Coordinator(s) for the FDA Tobacco Retailer Compliance Check Inspection
Program. Methods used will include a review of documentation determined by CDPHE to be reflective of
performance to include progress reports and other fiscal and programmatic documentation as applicable. The
Contractor's performance will be evaluated at set intervals and communicated to the contractor. A Final
Contractor Performance Evaluation will be conducted at the end of the life of the contract.
version: Contract Statement of Work — Exhibit B
December 2015
Page 3 of 4
18 FHLA 105420 Ex B
EXHIBIT B
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
Lead 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.
version: Contract Statement of Work - Exhibit B
December 2015
Page 4 of 4
18 FHLA 105420 Ex B
Exhibit C Budget
COLORADO
Department of Public
Health & Environment
PREVENTION SERVICES DIVISION- BUDGET WITH JUSTIFICATION FORM
Contract Routing # 18 FHLA 105420
Contractor Name
Weld County Department of Public Health and
Environment
Budget Period
10.20.17 or upon execution -9.29.18
Project Name
FDA Tobacco Retailer Compliance Check
Inspection Program
Program Contact Name,
Title, Phone and Email
Rachel Freeman
970-400-2385
rfreeman@weldgov.com
Fiscal Contact Name, Title,
Phone and Email
Tanya Geiser
970-400-2122
tgeiser@weldgov.com
Expenditure Categories
Personal Services / Salaried Employees
Position Title
Description of Work
Budget Item
Supports SOW
(Yes/No)
Gross or
Annual Salary
Fringe
Percent of
Time on
Project
Total Amount
Requested from
CDPHE
Personal Services / Hourly Employees
Position Title
Description of Work
Budget Item
Supports SOW
(Yes/No)
Hourly Wage
Hourly
Fringe
Total # of
Hours on
Project
Total Amount
Requested from
CDPHE
Total Personal Services
(including fringe benefits)
$0.00
Supplies & Operating Expenses
Item
Description of Item
Budget Item
Supports SOW
(Yes/No)
Rate
Quantity
Total Amount
Requested from
CDPHE
Contractor UB
CDPHE Contractor Directed UB
Yes
100.160
812
$81,329.92
Directed A&L
FDA Directed A&L
Yes
100.153
360
$36,055.08
Directed UB
FDA Directed UB
Yes
100.152
360
$36,054.72
$0.00
Total Quantity
1532
$0.00
Total Supplies
& Operating Expenses
$153,439.72
Travel
Item
Description of Item
Budget Item
Supports SOW
(Yes/No)
Rate
Quantity
Total Amount
Requested from
CDPHE
$0.00
Total Travel
$0.00
Contractual
Subcontractor Name
Description of Item
Budget Item
Supports SOW
(Yes/No)
Rate
Quantity
Total Amount
Requested from
CDPHE
$0.00
Total Contractual
$0.00
SUB -TOTAL BEFORE INDIRECT
$153,439.72
Indirect
Item
Description of Item
Total Amount
Requested from
CDPHE
Total Indirect
$0.00
TOTAL
$153,440.00
Page 1 of 1
V. 1 Jan 2013
OPTION LETTER
Exhibit D
Date:
State Fiscal Year:
Option Letter No.
Original Contract CMS#
Option Letter CMS Routing #
CORE Encumbrance #
DELETE all BLUE text, CUSTOMIZE Red text and CHANGE Red text to Black after customization.
1) OPTIONS: Choose all applicable options listed below
a. Option to extend for a renewal or additional term
b. Option to change amount of goods
c. Option to change amount of services
d. Option to change contract rates
e. Option to initiate next phase of contract
2) REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below:
a. For use with Options a: In accordance with Section(s) enter Section the Original Contract referenced above between
the State of Colorado, Colorado Department of Public Health and Environment, and enter Contractor's name the State
hereby exercises its option for an additional term beginning insert start date and ending on insert end date at the rates
stated in the Original Contract, as amended.
b. For use with Option b and c. In accordance with Section(s) enter Section of the Original Contract routing number
referenced above, between the State of Colorado, Colorado Department of Public Health and Environment, and enter
Contractor's name the State hereby exercises its option to Increase/Decrease the quantity of Goods/Services or both at
the same cost/price as specified in enter Exhibit/Attachment name.
c. For use with Option d. In accordance with Section(s) enter Section of the Original Contract routing number
referenced above, the State hereby exercise its option to modify the Contract rates specified in Exhibit/Section number.
The Contract rates attached to this Option letter in enter Exhibit/Attachment name replace the rates in the original
Contract as of the Option Effective Date of this Option Letter.
d. For use with Option e: In accordance with Section(s) enter Section of the Original Contract routing number
referenced above, the State hereby exercise its option to initiate Phase indicate which Phase: 2, 3, 4 etc. which shall
begin on insert start date and ending on insert end date at the cost/price specified in Section enter Section the Original
Contract referenced above.
e. For use with Options a, b, c that modify the contract value: The amount of the current Fiscal Year contract value
is increased/decreased by $ enter amount of change to a new contract value of insert new $ amount as consideration for
services/goods ordered under the contract for the current fiscal year Indicate Fiscal Year. The Contract is hereby
modified accordingly. The amended total contract financial obligation including all previous amendments, option
letters, etc. is insert new $ amount.
3) Effective Date: The effective date of this Option Letter is upon approval of the State Controller if exact date is required
complete the following: enter date, and include the following: whichever is later.
STATE OF COLORADO
John W. Hickenlooper, GOVERNOR
Department of Public Health and Environment
PROGRAM APPROVAL:
By:
By: Lisa McGovern, Purchasing & Contracts Section Director
Date:
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.
By:
Contract_OptionLetter_ 17.9.18
STATE CONTROLLER
Robert Jaros, CPA, MBA, JD
Date:
Hello