HomeMy WebLinkAbout20171803.tiffRESOLUTION
RE: APPROVE TASK ORDER CONTRACT AMENDMENT #1 FOR RETAIL FOOD
ESTABLISHMENT INSPECTION PROGRAM AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Task Order Contract Amendment #1
for Retail Food Establishment 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
Weld County Department of Public Health and Environment, and the Colorado Department of
Public Health and Environment, commencing July 1, 2017, and ending June 30, 2018, with further
terms and conditions being as stated in said task order contract amendment, and
WHEREAS, after review, the Board deems it advisable to approve said task order contract
amendment, a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Task Order Contract Amendment #1 for Retail Food Establishment
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 Weld County 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 amendment.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 19th day of June, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD CO NTY, COLO'ADO
ATTEST: dit44) x:4
Weld County Clerk to the Board
Ju ie • ozad, Chair
Steve Moreno, Pro-Tem
bara Kirkmeye
Date of signature: —1 / 13 / 17
cc. HI. C.TITo)
10 (c /(7
2017-1803
HL0049
/0 4 _
Memorandum
TO: Julie A. Cozad, Chair
Board of County Commissioners
FROM: Mark E. Wallace, MD, MPH
Executive Director
Department of Public Health & Environment
DATE: June 13, 2017
SUBJECT: Retail Food Establishment Inspection
Program Task Order Contract Amendment
with CDPHE
Enclosed for the Board's approval is a Task Order Contract Amendment for the Retail Food
Establishment 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 task order, 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. Currently the
license fees range from $235.00 for a limited operation to $620.00 for a large grocery store/deli.
For each retail food establishment license issued, WCDPHE will remit $43.00 to CDPHE. License
fees will increase by 10% in 2018. The Task Order term is July 1, 2017, through June 30, 2018.
This contract was approved for placement on the Board's agenda via pass -around dated June 5,
2017. I recommend approval of this continuation contract for Weld's Retail Food Establishment
Inspection Program.
2017-1803
DEPARTMENT OR AGENCY NAME
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT
DE HS
DEPARTMENT OR AGENCY NUMBER
FAAA
TASK ORDER AMENDMENT ROUTING NUMBER
18 FEFA 101112
To Original Task Order Routing Number
17 FEFA 91102
TASK ORDER AMENDMENT #1
This Task Order Amendment is made this 22nd day of May, 2017, by and between the State of Colorado, acting by and
through the DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, whose address or principal place of
business is 4300 Cherry Creek Drive South, Denver, Colorado 80246, hereinafter referred to as the "State"; and,
WELD COUNTY DEPARTMENET OF PUBLIC HEALTH AND ENVIRONMENT, whose address or principal
place of business is 1555 North 17"' Avenue, Greeley, Colorado 80631, hereinafter referred to as the "Contractor".
FACTUAL RECITALS
The parties entered into a Master Contract dated January 17, 2012, with contract routing number 13 FAA 00051.
Pursuant to the terms and conditions of the Master Contract the parties entered into a Task Order Contract dated July 1,
2016, and task order contract routing number 17 FEFA 91102, hereafter referred to as the "Original Task Order
Contract", whereby the Contractor was to provide to the State the following:
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.
Changes were required to extend for an additional term.
The State promises to pay the Contractor the sum of Zero Dollars. ($0.001 for the renewal term of twelve (12) months,
ending on June 30, 2018, in exchange for the promise of the Contractor to perform the specifications to the work
described herein.
NOW THEREFORE, in consideration of their mutual promises to each other, stated below, the parties hereto agree as
follows:
1. Consideration for this Contract Amendment to the Original Task Order Contract consists of the payments and
services that shall be made pursuant to this Contract Amendment, and promises and agreements herein set
forth.
2. It is expressly agreed to by the parties that this Contract Amendment is supplemental to the Original Task
Order Contract, contract routing number 17 FEFA 91102,collectively referred to herein as the Original Task
Order Contract, which is by this reference incorporated herein. All terms, conditions, and provisions thereof,
unless specifically modified herein, are to apply to this Contract Amendment as though they were expressly
rewritten, incorporated, and included herein.
3. It is expressly agreed to by the parties that the Original Task Order Contract is and shall be modified, altered,
and changed in the following respects only:
This Contract Amendment is issued pursuant to paragraph 5 of the Original Task Order Contract. This Contract
Amendment is for the renewal term of July 1. 2016, through and including June 30 2018. The maximum amount
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Contract Amendment Task Orders.docx ver 23.5.17
a�/7-/2o3(l)
payable by the State for the work to be performed by the Contractor during this renewal term is Zero Dollars, ($0.00)
for an amended total contract financial obligation of the State of Zero Dollars, ($0.00).
The modified specifications to the Scope of Work are incorporated herein by this reference and identified
as Exhibit C.
The Original Task Order Contract is modified accordingly. All other terms and conditions of the Original
Task Order Contract are reaffirmed.
4. The Effective Date of this Contract Amendment is July 1, 2017, or upon approval of the State Controller, or an
authorized delegate thereof, whichever is later.
5. Except for the General Provisions and Special Provisions of the Original Task Order Contract, in the event of
any conflict, inconsistency, variance, or contradiction between the terms and provisions of this Contract
Amendment and any of the terms and provisions of the Original Task Order Contract, the terms and provisions
of this Contract Amendment shall in all respects supersede, govern, and control. The Special Provisions shall
always control over other provisions of the Original Task Order Contract or any subsequent amendments
thereto. The representations in the Special Provisions to the Original Task Order Contract concerning the
absence of personal interest of state of Colorado employees are presently reaffirmed.
6. FINANCIAL OBLIGATIONS OF THE STATE PAYABLE AFTER THE CURRENT FISCAL YEAR ARE
CONTINGENT UPON FUNDS FOR THAT PURPOSE BEING APPROPRIATED, BUDGETED, AND
OTHERWISE MADE AVAILABLE.
Page 2 of 4
Contract Amendment Task Orders.docx ver 23.5.17
SIGNATURE PAGE
Contract Routing Number. 18 FEFA 101112
THE PARTIES HERETO HAVE EXECUTED THIS TASK ORDER AMENDMENT
Click or tap here to enter text.
Each person signing this Task Order Amendment represents and warrants that he or she is duly authorized to execute this Task Order Amendment and to
bind the party authorizing his or her signature.
CONTRACTOR STATE OF COLORADO
Weld County Department of Public Health &
Environment
a political sub -division
Julie A. Cozad
Print Name of Authorized Individual
Chair, Board of Weld
County Commissioners
Print# itle of Ayjio ed Individua
JUN 19 2017
Signature of knthorizecl(j dividual
Date
PROGRAM APPROVAL
Colorado Department of Public Health and Environment
ff Lawrence
EHS Div' ion Director
By:
By:
John W. Hickenlooper, Governor
Colorado Department of Public Health and
Environment
Larry Wolk, MD, MSPH, Executive Director and
Chief Medical Officer
Lisa McGovern
Purchasing and Contracting Section Director, CDPHE
(4? -4,1(
Date
LEGAL REVIEW
Cynthia H. Coffman, Attorney General
L
na'Authorized CDPHE Program Approver Signature — Senior Assi tan t Attorney General
6 (2-z//7
Date
Date
In accordance with §24-30-202 C.R.S., this Task Order Amendment is not valid until signed and dated below by the State
Controller or an authorized delegate.
Click or tap here to enter text.
STATE CONTROLLER
Rpbcrt Jaros, CP4, MBA, JD
By:
Effective Date:
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Contract Amendment Task 0rders.d0CX
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Contract Amendment Cask 0rders.d0CX
EXHIBIT C
STATEMENT OF WORK
I'o "I ask Order Contract Dated 07/01/2016 CMS Task Order Routing Number 18 FEFA 101112
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 ensure 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.
11. Definitions:
CDPHE: Colorado Department of Public Health and Environment
DEHS: Division of Environmental Health and Sustainability
HACCP: Hazard Analysis Critical Control Points
VNRFPS: Voluntary National Retail Food Regulatory Program Standards
III. Work Plan
A. DENS — Retail Food
Goal #1: 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.
Objective #1: The Contractor shall ensure compliance with the Food Protection Act, the Colorado Retail Food
Establishment Rules and Regulations 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.
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 implement the State risk -based inspection methodology or an
alternate risk -based methodology approved by the State. In order to be approved,
alternate methodologies shall include implementation of State -approved intervention
methods for highest risk establishments to minimize food -borne illness violations and to
address critical item violations.
2. The Contractor shall conduct interventions for those retail food establishments that,
through inspection data, are identified as having a large number of food -borne illness risk
factors. An intervention is considered a routine inspection and can include onsite
training, announced inspection, or a HACCP based critical item inspection.
3. The Contractor shall enter inspection, intervention and compliance data into the State's
digital database or the Contractor's digital database no later than five working days after
the last day of each month.
Primary Activity #2
The Contractor shall uniformly implement and administer the Food Protection Act.
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 and ensure that food handling risks are reduced to prevent
food -borne illness outbreaks.
Page 1 of 4
Exhibit C — Statement of Work
EXHIBIT C
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 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.
The Contractor shall enroll and maintain progress in the FDA's VNRFPS as staffing
resources allow. VNRFPS information is available on the following web site:
http://www. fda.gov/Food/GuidanceRegulation/RetailFoodProtection/ProgramStandards/
default.htm. Progress 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 ensuring 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 ensuring inspection focus on critical item risk factors, the correction of
documented deficiencies, and ensuring 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.
6. 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 inspection.
7. The Contractor shall participate in individual and statewide trainings offered by DEHS
for the retail food program or supporting data system(s).
8. The Contractor shall participate in the State's data standardization efforts.
s.
Standards and
Requirements
Page 2 of 4
Exhibit C — Statement of Work
1. The Contractor shall ensure compliance 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 htt://www.lexisnexis.com/hottopics/Colorado
2. The Contractor shall ensure compliance with the Colorado State Board of Health Rules 6
CCR 1010-2. 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/KevwordSearch.do
3. 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
EXHIBIT C
food license revenues and local staffing costs when justifying proportionally
appropriate work completion)
c. The Contractor shall ensure all licensing fees collected are directed towards retail
food program activities.
4. The Contractor shall have at least one employee that has successfully completed retail
food establishment standardization through the DEHS, or have one 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 DENS.
5. If the Contractor chooses to communicate inspection results to the public, the Contractor
shall utilize the State -approved methodology.
6. The Contractor shall maintain inspection and compliance records for retail food
establishments in a digital database in order for DENS 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;
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.
Expected Results of
Activity(s)
Complete inspections and assure regulatory compliance in retail food establishments in
proportion with the revenue generated from retail food license fees established by the State.
Measurement of Expected
Results
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 food -borne illness and critical item violations cited during retail food
inspections, and
3. The number of these violations that were corrected:
Completion Date
Deliverables
I. The Contractor shall submit semi-annual progress reports via
email to the Deputy Director of DENS in a format provided by
DEHS.
No later than
January 31
June 20
2. If not using the State's digital database, the Contractor shall
submit via email to the Deputy Director of DENS an electronic
data transfer (EDT) at a minimum of each quarter in accordance
with data standardization workgroup protocol.
No later than
October 31
January 31
April 30
June 20
3. If not using the State's digital database, the Contractor shall
submit a quarterly inspection and compliance progress summary,
in a format provided by DENS via email to the Deputy Director
of DEHS.
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).
No later than
October 31
January 31
April 30
June 20
Page 3 of 4
Exhibit C — Statement of Work
EXHIBIT C
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 the 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 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 4 of 4
Exhibit C — Statement of Work
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